Agenda 09-14-04COMMUNITY REDEVELOPMENT AGENCY
Tuesday, September 14, 2004
Chamber of Commerce Conference Room
639 E Ocean Ave. Suite 108
Boynton Beach 6:30 P.M.
II.
III.
IV.
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 August 10th Meeting. 5792
B. Financial Report. 5805
C. Consideration of Payment of Fagade Grant for Scully Burgers. 5818
D. Consideration of a Motion to Extend the Time on Work Order #1 of Financial
Advisory Contract. 5838
E. Consideration of Approval of Community Redevelopment Agency Pay Plan
for 2004/2005. 5841
F. Consideration of Budget Transfer Request in 2003/2004 Budget. 5842A
G. Consideration of Fagade Grant for Salefish Realty. 5843
H. Consideration of Property Acquisition Contracts in HOB Phase I Project Area.
5886
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 auxiiiary 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.
Consideration of Phase II of the Financial Advisory Contract, Work Order #2
6001
Consideration of Letter of Engagement of Mark Raymond for CRA Bond
Counsel. 6005
Public Audience.
Public Hearing.
Old Business
None
New Business
A. Annexation
6014
1. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
6019
2. PROJECT:
AGENT:
OWNER:
LOCATION:
Edward Medical Office Building
(ANEX 04-004)
Hany Edward
Hany Edward
3908 North Federal Highway
Delray Beach (unincorporated)
Request for annexation of a 0.72-acre partially
developed lot located in unincorporated Palm
Beach County.
Gulfstream Gardens (ANEX 04-003)
Bradley Miller, Miller Land Planning Consultants,
Inc.
Multiple Ownership
West side of Federal Highway, approximately
1/4 mile north of Gulfstream Boulevard
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. ~D~/~5~
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.
DESCRIPTION:
Request for annexation of 9.99 acres of
partially developed parcels located in
unincorporated Palm Beach County.
Land Use Plan Amendment/Rezoninq
6027
1. PROJECT: Gulfstream Gardens (LUAR 04-004)
AGENT:
Bradley Miller, Miller Land Planning
Consultants, Inc.
OWNER:
Multiple Ownership
LOCATION:
West side of Federal Highway, approximately 1
/4 mile north of Gulfstream Boulevard
DESCRIPTION:
Request to amend the Comprehensive Plan
Future Land Use map from Commercial High/5
(Palm Beach County), General Commercial
and Local Retail Commercial (Boynton Beach)
to Special High Density Residential; and
6035
PROJECT:
Request to rezone from Commercial General
(CG) (Palm Beach County), C-4 General
Commercial and C-3 Community Commercial
(Boynton Beach) to Planned Unit Development
(PUD). Proposed use: Multi-family residential
development.
Edward Medical Office (LUAR 04-008)
AGENT:
Hany Edward
OWNER:
Hany Edward
LOCATION:
3908 North Federal Highway
Delray Beach (unincorporated)
DESCRIPTION'
Request to amend the Comprehensive Plan
Future Land Use Map from Commercial High
Intensity (CH-5) (Palm Beach County) to Local
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, r-D~7~5 C~
The CRA shall furnish appropriate auxa-liary 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.
C. Abandonment
6040
2. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
C. New Site Plan
6048
1. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
VII. Director's Report. 6066
VIII. Old Business. 6114
IX. New Business. 6115
Retail Commercial (LRC); and Request to
rezone from General Commercial (CG) (Palm
Beach County) to Community Commercial (C-
3). Proposed use: 11,957 square foot medical
building.
306 Boynton Beach Boulevard, L.C. (NE 2nd
Street) (ABAN 04-005)
Roger B. DeCapito / Jim Knight
N/A
South side of Boynton Beach Boulevard
between NE 1st and NE 3rd Streets
Request for abandonment of a 40-foot wide
unimproved right-of-way (Northeast 2nd Street).
Edward Medical Office (NWSP 04-012)
Hany Edward
Hany Edward
3908 North Federal Highway
Delray Beach (unincorporated)
Request for new site plan approval for a
11,957 square foot medical office building in a
proposed C-3 zoning district.
Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter
considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
The CRA shall furnish appropriate auxiliary aids and services 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.
Xl
XlI.
XlII.
XlV.
A. Consideration of Direcf Incentive Application for the Promenade at Boynton
Project. 6116
B. Consideration of the CRA 2004/2005 Budget. 6119
C. Consideration of a Resolution Adopting the CRA 2004/2005 Budget. 61,53
D. Consideration of a Formal "Letter of Request" for the CRA to Acquire Debt
and Further Requesting the City to Consider Granting the CRA Credit
Enhancement for Underwriting purposes. 61,56
E. Consideration of Legal Contract Amendment of Goren, Cherof, Doody and
Ezrol. 6234
Commission Action. 6237
Board Member Comments. 6238
Legal. 6239
Other Items. 6240
A. Discussion Item: Consider regulating building colors on major thoroughfares.
Future Agenda Items. 6243
A. Consideration of Interlocal Agreement with the City of'-Boynton Beach for the
Boynton Beach Boulevard Extension Promenade and Riverwalk (October),
B. Consideration of Interlocal Agreement for the MLK Phase I Project (October),
C. Consideration of Assembly and Redevelopment Incentive Grant Program
(October).
D. Consideration of Residential Fagade Grant Program (October).
E. Consideration of Modification to the Direct Incentive Program to include Arts
Commission Elements for Incentive Scoring (November).
XV. Adjournment. 6244
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. 5~{ ~ !
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.
Page 1 of 1
Madden, Barbara
From: Prainito, Janet
Sent: Friday, September 10, 2004 3:00 PM
To: Madden, Barbara
Subject: FW: Revised Agenda CRA September Board Meeting
..... Original Message .....
From: Costello, Joyce
Sent: Friday, September 10, 2004 12:10 PM
To: Prainito, Janet
Subject: FW: Revised Agenda CRA September Board Meeting
FYI - in case you weren't notified
..... Original Message .....
From: Gray, Annette
Sent: Friday, September 10, 2004 12:04 PM
To: Steve Myott Architect (stevem@quincyjohnson.com); Bob Ensler; Charles Fisher (c.m.fisher@att. net); 3ames
T. Barretta (james@barrettaassociates.com); Marie Horenburger (mhorenburger@cs.com); QUTNTUS GREENE
(greenq@ci.boynton-beach.fl.us); Alexander DeMarco (cristale@bellsouth.net); Don Fenton (bubbagdf@cs.com);
Henderson Tillman; Henderson Tillman; Jeanne Heavilin 0heavilin@msn.com); Lindsey A. Payne
(Ipayne@cityatty.com); MARY RAMSEY (ramseym@ci.boynton-beach.fl.us); JANET PRA[N1TO
(prainitoj@ci.boynton-beach.fl.us)
Cc: Hutchinson, Douglas; Vielhauer, Susan; Tucker, Patricia; Greene, Quintus; Rumpf, Michael
Subject: Revised Agenda CRA September Board Meeting
Please find attached a revised agenda.
Due to damages to the library by Hurricane Frances the meeting location has been changed to the Chamber of
Commerce's Conference room at 639 east
Ocean Ave Suite 108. The date and time remains the same (September 14th @ 6:30 PM). Of course this is all
contingent on Mr. Hurricane Ivan.
Annette Gray ( ~v~t!.q tx vo-!¢[ 'I.c tx c~o;.c,r)
Boynton Beach CRA
639 E Ocean Ave. Suite 107
Boynton Beach F1 33435
Phone:561-737-2778 Fax: 561-737-3258
graya @ ci.boynton-beach, fl. us
9/10/2004
Audit spent to date:
Audit Services to be spent:
Audit Total
IT Support spent to date:
IT Support move to new office
IT Support to be spent:
IT Support Total
Total Professional Services 2003/2004: $
5,975
1,525
7,500
$ 10,455
$ 1,500
$ 2,905
$ 14,860
445,319
Contracted Services rolled in 2004/2005 $ 219,755
Office Lease/Utilities: The CRA is now leasing offices from Gene Moore
with the office, conference area, and workspace within the same room.
Rent spent to date: $ 9,301
Rent to be spent: $ 4,811
Total Rent $ 14,112
Maint. & Cleaning spent to date:
Maint. & Cleaning to be spent:
Total Maint. & Cleaning
$ 2,526
$ 824
$ 3,350
Office Leasehold Services spent to date:$
Office Leasehold Services to be spent: $
Total Office Leasehold Service $
0
1,5O0
1,500
Phone spent to date:
Phone to be spent:
Total Phone:
$ 3,839
$ 3,961
$ 7,8oo
Office Moving spent to date:
Office Moving to be spent
Total Office Moving
$ 0
$ 2,250
$ 2,250
Electric spent to date:
Electric to be spent:
Total Electric
$ 1,382
$ 493
$ 1;875
Total Office Lease/Utilities 2003/2004:
$ 30,887
Audit spent to date:
Audit Services to be spent:
Audit Total
$ 5,975
$ 1,525
$ 7,500
IT Support spent to date:
IT Support move to new office
IT Support to be spent:
IT Support Total
$ 10,455
$ 1,500
$ 2,905
$ 14,860
Total Professional Services 2003/2004: $ 445,319
Contracted Services rolled in 2004/2005 $ 219,755
Office Lease/Utilities: The CRA is now leasing offices from Gene Moore
with the office, conference area, and workspace within the same room.
Rent spent to date: $ 9,301
Rent to be spent: $ 4,811
Total Rent $ 14,112
Maint. & Cleaning spent to date:
Maint. & Cleaning to be spent:
Total Maint. & Cleaning
$ 2,526
$ 824
$ 3,350
Office Leasehold Services spent to date:$
Office Leasehold Services to be spent: $
Total Office Leasehold Service $
0
1,500
1,500
Phone spent to date:
Phone to be spent:
Total Phone:
$
$
$
3,839
3,961
7,800
Office Moving spent to date:
Office Moving to be spent
Total Office Moving
$
$
$
0
2,250
2,250
Electric spent to date:
Electric to be spent:
Total Electric
$
$
$
1,382
493
1,875
Total Office Lease/Utilities 2003/2004:
$ 30,887
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY
REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL,
BOYNTON BEACH, FLORIDA ON TUESDAY, AUGUST '10, 2004 AT 6:30 P.M.
Present:
Jeanne Heavilin, Chairperson
Henderson Tillman, Vice Chair
Alexander DeMarco
Don Fenton
Marie Horenburger (arrived at 6:45 p.m.)
Steve Myott
Absent:
James Barretta
Douglas Hutchinson, CRA Director
Lindsey Payne, Board Attorney
Susan Vielhauer, Controller
I. Call to Order
Chairperson Heavilin called the meeting to order at 6:30 p.m.
II. Roll Call
The Recording Secretary called the roll and declared a quorum was present.
II1. Agenda Approval
A. Additions, Deletions, Corrections to the Agenda
Mr. Fenton requested that Item VI.C. be removed from the agenda. Mr. Fenton inquired
why this Board would address this since it was not within the CRA boundaries.
Chairperson Heavilin explained that this was a citywide amendment to the zoning code
and must to be heard by the Planning and Development Board, as well as this Board.
Mr. Hutchinson requested that Item IX.A under New Business (Consideration of Facade
Grant Application for Provident Missionary Baptist Church) and Item IX.D
(Consideration of Modification to the Human Resources Manual) be moved to the
Consent Agenda. Chairperson Heavilin requested that these items, if approved, would
become Items D. and E. on the Consent Agenda.
B. Adoption of Agenda
5792
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
August 10, 2004
Motion
Vice Chair Tillman moved to approve the additions to the Consent Agenda. Motion
seconded by Mr. DeMarco and unanimously carried.
IV. Consent Agenda
A. Approval of Minutes of July 8, 2004 Workshop; July 13, 2004 Regular
Meeting; and July 15, 2005 Continuation Meeting
Chairperson Heavilin requested to remove the minutes from the Consent Agenda.
Motion
Vice Mayor Tillman moved to remove Item IV.A from the Consent Agenda. Motion
seconded by Mr. DeMarco.
B. Financial Report
C. Consideration of Six-Month Extension for the Fagade Grant for Boynton
Boundless, LLC.
D. Consideration of Fa¢ade Grant Application for Provident Missionary
Baptist Church
E. Consideration of Modification to the Human Resources Manual
Motion
Vice Chair Tillman moved to approve the Consent Agenda, as amended. Motion
seconded by Mr. Fenton and unanimously carried.
Chairperson Heavilin requested that the minutes of the July 13, 2004 Regular Board
Meeting, page 21, in the fourth full paragraph, second line, be corrected. The word
"west" should be changed to "east."
Motion
Vice Chair Tillman moved to approve the'minutes, as amended. Motion seconded by
Mr. DeMarco and unanimously carried.
V. Public Audience 5793
None
2
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
August 10, 2004
VI. Public Hearing
Old Business
None
New Business
Attorney Payne administered the oath to all persons who would be testifying.
A. Abandonment
Project:
Agent:
Owner:
Location:
Janis Group (NE 3rd Avenue (ABAN 04-004)
Ron Janis/Karen Janis-Brown
N/A
409 NE 3rd Street
Description:
Request for abandonment of a portion of the
Northeast 3rd Avenue right-of-way extending
westward from NE 3rd Street to the west
boundary of the Arden Park Plat
Eric Johnson, Planner, presented the item on behalf of staff. The abandonment is for a
45' unimproved right-of-way located between lots 11 and 30 on the Arden Park Plat.
Staff has reviewed the request and finds it acceptable. There are no objections from any
of-the public utility companies. Mr. Johnson pointed out that there is a wastewater line
that runs through the unimproved right-of-way. Before it could be abandoned, the
applicant would have to dedicate that area as a utility easement. Staff is recommending
approval.
Ron Janis, 821 South Atlantic Drive, Lantana, owns the abutting property next to the
right-of-way proposed to be abandoned. The property is overgrown and they anticipate
using the right-of-way for parking for their tenants. No structures would be placed on the
property that would inhibit access to the wastewater line.
Chairperson Heavilin opened the public hearing. Since no one wished to speak, the
public hearing was closed.
Mr. Myott inquired if abandonment of this right-of-way would affect access to the rear of
properties as recommended in the Boynton Beach Corridor Plan, He also asked if other
abandonments would affect the Corridor as well.
5794
Mr. Johnson stated that staff reviewed the request and relied upon the Engineering
Division to comment, which they did not. Therefore, Mr. Johnson assumed that
Engineering reviewed and approved the abandonment. Mr. Hutchinson reported that
3
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
August 10, 2004
the new Corridor Plan that the Board would be considering tonight would not be affected
by this abandonment.
Mr. Johnson noted that if the request were approved and the applicant desired to build a
parking lot, it would have to go through site plan review and would have to meet today's
standards.
Motion
Vice Chair Tillman moved for approval, subject to the stated conditions. Motion
seconded by Mr. DeMarco.
Mr. DeMarco inquired how much land was involved. He was informed that the alley was
40'x 135'.
Vote
The motion unanimously carried.
B. Height Exception
Project:
Agent:
Owner:
Location:
Waterside (HTEX 04-003)
Charles Robertson, Southern Homes
Southern Homes of Palm Beach, LLC.
3655 North Federal Highway
Description:
Request for height exception of seven (7) feet
- five (5) inches to allow a decorative cupola to
extend above the 45-foot maximum height
provision in the Infill Planned Unit Development
(IPUD) zoning district
Eric Johnson, Planner, presented the item on behalf of staff. This Board and the City
Commission approved the site plan for this project last month. There was a stipulation
that the clubhouse would come back for height exception approval for the decorative
cupola that exceeded the allowable 45' height limitation. Staff has reviewed the
applicant's request for the height exception. It would have no adverse affect upon the
existing or proposed land uses. Staff is, .therefore, recommending approval and feels
that it would have a positive impact upon the project.
Bonnie Miskel, representing the applicant, assumed the podium and confirmed that
the height exception is merely for architectural benefits to the subdivision, as well as the
surrounding community. The clubhouse is located along the Intracoastal Waterway in
the center of the property and is surrounded entirely by its own community. Mr. Johnson
pointed out that the Intracoastal.is visible from the front entrance of the community.
5795
4
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
August 10, 2004
Chairperson Heavilin opened the public hearing. Since no one wished to speak, the
public hearing was closed.
Chairperson Heavilin inquired if the clubhouse could have been constructed within the
height limit. Mr. Johnson noted that the applicant wanted to incorporate the current pitch
of the roof. Ms. Miskel had asked Mr. Ballbe before the meeting why they did not stay
within the 45' limit and Mr. Ballbe informed her that they had tried to keep it at that
height, but it looked too cramped.
Motion
Ms. Horenburger moved for approval. Motion seconded by Mr. Fenton and unanimously
carried.
C. Code Review
Project:
Agent:
Location:
Description:
Cedant Car Rental (CDRV 04-006)
Michael A. Rodriguez, Sachs, Sax & Klein
City Wide
Request to amend Chapter 2, Zoning, Section
6.C with the addition of supplemental
regulations to allow automobile rental ancillary
to auto repair, as a conditional use on sites
greater than 75 acres.
Eric Johnson, Planner, noted that this item was coming before this Board because the
request to amend the zoning code is citywide. Currently, this only applies to property of
75 acres or larger and zoned C-3. The only property this applies to is located within the
Planning and Development Board area. However, it is always possible that someone
might assemble 75 acres in the CRA area and that is why the item is being presented to
this Board.
The applicant is requesting that car rentals be allowed as an accessory use on sites
zoned C-3 on 75 acres or larger. Currently, there is only one car rental facility in the City
that is located in the CRA area. Staff is recommending approval of the request;
however, only 12 automobiles could be stored on site for rental purposes. The
applicant had requested 15 automobiles, but staff is limiting it to 12. Also, staff is
recommending the definition for "passenger car rental" be changed as follows.
"Establishments primarily engaged in renting passenger cars without drivers, generally
for short periods of time. This excludes those establishments primarily engaged in
passenger car leasing and taxi and limousine services." This new language will add
some safeguards should the issue come up again.
Staff is recommending approval.
5796
5
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
August 10, 2004
Chairperson Heavilin noted that there was an error under "Recommendation,"
paragraph (3) (11) that stated, "No more than fifteen (12) automobiles shall be stored
on-site..." Mr. Johnson will correct this to read "No more than twelve (12) automobiles."
Mr. Fenton inquired why the number of vehicles was being limited to 12 since this
property was the Mall and there was more than sufficient parking available. Mr. Johnson
noted that when staff reviews a request for a code review, it is normally not based on a
particular piece of property. However, this case is unique in that it is the only property
that meets all the criteria. When looking at the Sears property, where the cars would be
located, there are only 12 extra parking spaces. Therefore, staff could not recommend
15 since there were only 12 excess parking spaces. Mr. Johnson pointed out that the
Sears property he was referring to was the standalone auto repair building across the
street from the Sears Department Store.
Chairperson Heavilin noted that at site plan approval the applicant was required to
provide 87 spaces and provided 99. She asked if this issue came up again, would the
number of spaces be determined for a particular site. Mr. Johnson stated that only 12
spaces would be permitted regardless of the location of the site. If an applicant wanted
more than 12 spaces, they would have to request a code amendment.
Mr. Myott asked what the purpose was for having cars at this location.
Michael Rodriguez, Attorney for the applicant, assumed the podium. Mr. Rodriguez
explained that Cendant Car Rental owns Avis Rent-a-Car, and they are forming a
partnership with Sears to place rental kiosks in Sears. To this end, they anticipate
keeping a limited amount of vehicles on site so that people desiring to rent a vehicle in
Boynton Beach would not have to go to the airport.
Mr. Rodriguez pointed out that cars would not be serviced at this location, but would
come from the Avis depot located at the airport. Currently Avis has a kiosk at the Palm
Beach Mall inside the Sears automotive repair area.
Motion
Ms. Horenburger moved for approval. Motion seconded by Mr. Myott and unanimously
carried.
VII. Directors' Report
Mr. Hutchinson reported that the 3-D Model'of the CBD is now_located in the CRA office.
As projects come on board, they will be added. The City Commission requested that it
be brought to a Commission meeting and to the Mall to show what the Central Business
District would evolve into.
5797
The Web site is now online and_ is still being fine-tuned. The address for the Web site is
boyntonbeachcra.org., and there have already been thousands of hits.
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
August 10, 2004
The CRA Police Force is now on duty in both the Heart of Boynton and downtown. The
cars, bicycles and uniforms are still on order. The CRA Police Force is comprised of
four fulltime officers.
Mr. Hutchinson noted that the Board asked staff to contact City staff to determine if the
planning and zoning items could be made available earlier in the week so that the
agenda could be sent out in one packet. City staff worked very hard on resolving the
issue. However, in order for the members to receive the packet two to three days
earlier, it would back the CRA items into the Planning and Development Board items.
Staff averages approximately six planning and zoning items per month. However, last
month's agenda set a record with 15 items.
If members wished to receive the packets eadier, it would result in the submittal process
of items to the CRA taking another month. This raised concern for applicants having to
stretch out their applications over a longer period of time. Mr. Hutchinson felt that if the
average agenda contained six P&Z items, the Board could handle this. Mr. Hutchinson
inquired how the Board wanted to proceed. If the Board desired the one packet, it
would require staff to change all of its scheduling that would involve another month. Mr.
Hutchinson pointed out that Nancy Byrne, Assistant Development Director, was present
to answer any questions.
Ms. Horenburger reported that she checked with other CRAs. She determined that one
local CRA does not hear zoning items; they go to their Planning and Zoning Board.
Also, the CRA pays for a planner in the City's Planning Department. Mr. Hutchinson
said that it is not unusual for a CRA to hire a planner that specializes in urban planning.
He noted that the City staff is currently down two positions and the City and the CRA
work very closely with staff.
Ms. Horenburger requested that it be placed on the agenda when the CRA meets with
the City Commission. Mr. Hutchinson said that this could be placed on a future
workshop agenda with the Commission for discussion.
Mr. Fenton stated that he has served on the Board for a long time and there have been
no problems, except for the last meeting where there were 15 planning and zoning
items. He felt that the Board was here to serve and the way that things have been done
is sufficient. He would prefer not to add this to a future agenda to discuss with the
Commission. Chairperson Heavilin concurred with Mr. Fenton's assessment of the
situation. She was not in favor of delaying applications any further just for the
convenience of the members.
Ms. Horenburger thought that if the CRA progressed the way Delray Beach has, more
staff would be necessary. Ms. Byrne noted that their staff consists of comprehensive
planners working on CRA projects. This means that no matter what the request is, there
are appropriate planners on staff to handle it.
5798
7
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
August 10, 2004
Ms. Byrne stated that she furnished Mr. Hutchinson with statistics that indicated both
planning boards had a peak month this year. The Planning and Development Board had
10 items in February. She was proud that Planning and Zoning staff has been able to
keep the pace considering they are minus two staff members. Chairperson Heavilin
commended staff for doing a wonderful job.
Mr. Hutchinson noted that they would keep monitoring the situation and Chairperson
Heavilin did not think that this should be a priority of the Board at this time.
Mr. Hutchinson reported that the State-of-the-CRA event is scheduled for Thursday,
September 2, 2004. A national speaker will be featured and updates of the CRA would
be presented. The City Commission and Board members are invited and it is open to
the community as well. Outstanding people and projects will be recognized and it is
anticipated that this will become an annual event.
Mr. Fenton was very enthusiastic about the Business Development Fair and felt it would
have a tremendous impact upon the City. Mr. Hutchinson reported that many small
developers have expressed an interest in attending, as well as large developers.
Mr. DeMarco announced that Mr. Hutchinson would be speaking at the Chamber of
Commerce Luncheon on Wednesday, August 11, 2004 at Benvenuto Restaurant. Mr.
Hutchinson noted that he would be giving a PowerPoint presentation updating the
community on what is taking place in the CRA.
VIII Old Business
IX. New Business
Consideration of Fagade Grant Applicant for Provident Missionary Baptist
Church (moved to Consent Agenda)
B. Consideration of Approval of the Boynton Beach Boulevard Corridor Plan
Mr. Hutchinson reported that the newest version now contains the input of staff from the
last workshop. The graphics have been expanded in size for ease in reading. After the
Board approves the Plan, it will be put on the CRA Web site and will go to the City
Commission for approval.
Motion
Vice Chair Tillman moved for approval. Motion seconded by Mr. DeMarco and
unanimously carried.
C. Consideration of Acceptance and Funding for the Proposed Trolley
System (2004/2005 Budget Year)
5799
8
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
August 10, 2004
Mr. Hutchinson reported that the CRA received a three-year grant of $120,000 per year
to begin two trolley routes in the CRA area. Even though the grant is for three years, the
contract is for two years, since the contract is a piggyback of the City of Stuart. Molly's
Trolleys also has an excellent track record and has contracts with Abacoa, West Palm
Beach, and Stuart. The rate is a flat fee for two years. When the City of Stuart
renegotiates their contract for the third year, it will be brought back to this Board.
Mr. Hutchinson pointed out that the Ocean Avenue Trolley would run Thursday through
Sunday and not Saturday as stated on page 5756 in the agenda packet.
The Board is being asked to approve the budget for the trolley that is included in the
new budget. The reason for approving it at this time is to allow the CRA to enter into the
contract and accept the MPO grant. The budget for the trolleys is $471,966 for the first
year and $467,284 for the second year. Mr. Hutchinson pointed out that the grant funds
and advertising revenues will offset these expenses. Staff is also working with City staff
to modify the payment in lieu of parking requirement in order to address mass transit.
Mr. Hutchinson noted that there was a trolley in front of City Hall on display, which is the
type of trolley that would be used on Ocean Avenue. The trolley that will run from the
Marina area to Congress Avenue will be a larger, enclosed air-conditioned trolley and is
considered the workers' trolley. The hours of operation will be morning through evening
hours. Mr. Hutchinson reported that 48% of the households in the Heart of Boynton
have only one vehicle, yet almost all households have more than one person working.
Staff will be hiring a company on commission to assist with the advertising. It is
anticipated that the trolleys would up and running sometime around October-November.
Chairperson Heavilin asked if 7:15 a.m. would be early enough for the workers' trolley
since construction workers begin work earlier. Mr. Hutchinson explained that the
contract is an hourly contract. The need for services will be monitored and operating
hours will be adjusted accordingly.
Mr. Fenton inquired where the trolleys would be stored. Mr. Hutchinson stated that the
contractor would be storing them at their own facilities. He explained that the CRA is
renting the equipment. The contractor is responsible for the drivers, safety, maintenance
and the requirements set out by the MPO.
Molly Stahlman, President of Molly's Trolley, Inc., stated that she has been in the
trolley business for almost ten years. Ms. Stahlman introduced her husband, who is a
partner in the business. They operate trolley businesses in Pittsburgh, Pennsylvania
and West Palm Beach. Ms. Stahlman is-in charge of marketing and her husband
handles the daily operation of the business. Ms. Stahlman explained that the Ocean
Avenue Trolley would be the entertainment trolley.
In answer to Mr. Fenton's question, Ms. Stahlman stated that the trolleys are stored in
West Palm Beach where there is a mechanic on staff.
5800
9
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
August10,2004
Mr. DeMarco inquired who would be receiving the revenue from the advertising on the
trolley and was informed that all revenue would go to the CRA.
Mr. Fenton asked about the contract with the marketing company. Mr. Hutchinson
explained that there are companies that do this type of marketing for advertising on
buses, etc. at a cost of $2,500. Ms. Horenburger inquired what marketing company
would be going after advertising revenue. Mr. Hutchinson stated that one has not been
selected. Currently staff is doing this. However, he felt that this should not be a
responsibility for staff.
Ms. Horenburger noted that the County was concerned about the type of local
advertising on its buses, such as bail bondsmen. Mr. Hutchinson stated that their
advertising is already committed and he will bring this to the Board. The major
advertisers are restaurants, major developers and the Mall. There is no courthouse in
the City, and he did not think that the City would attract this type of advertising.
Mr. Myott inquired if there was a program in effect where businesses would pay for their
employees to use the trolleys. Mr. Hutchinson explained that as part of the traffic
concurrency plan, major employers are required to either put money in, or they could
adopt a program that rewards their employees for using mass transit. There are a great
many service workers at the Mall that live in this area, and staff is working with the Mall.
Mr. Fenton inquired if the Board was being requested to approve a budget item before
the entire budget is approved. Mr. Hutchinson stated this was correct. The total cost of
the contract was arrived at by using $55 per hour times the schedule for three trolleys
that totals $471,966. Members were previously furnished with complete funding details.
Motion
Ms. Horenburger moved to approve the expenditure of $471,966 for the first year and
$467,284 for the second year, including marketing costs for both years. Motion
seconded by Mr. DeMarco and unanimously carried.
Mr. Hutchinson noted that the term of the agreement in Exhibit A, page 5764 of the
Agreement, states three years. This must be changed to two years to go with the
piggyback of the City of Stuart contract.
Chairperson Heavilin thought that the description in the contract was unclear and only
provided for one air-conditioned trolley and questioned if this needed to be clarified. Ms.
Stahlman noted that this only applied to the Stuart contract. For the Boynton Beach
CRA, it has been determined that the contract is for three trolleys; one open-air trolley
and two enclosed trolleys. Attorney Payne agreed that this needed to be clarified.
Mr. Hutchinson requested that under Scope of Service, a new paragraph 7 be added
that would state that there will be two air conditioned trolleys and one open trolley at the
5801
10
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
August 10, 2004
$55 hourly rate. Mr. Hutchinson pointed out that Attorney Payne had included provisions
that would only apply to Boynton Beach's contract.
Motion
Vice Chair Tillman moved to accept the contract that would include the provisions that
the contract is for two air-conditioned trolleys and one open-air trolley, together with the
other changes agreed upon by this Board. Motion seconded by Ms. Horenburger and
unanimously carried.
Mr. Hutchinson requested that the new reporter for The Palm Beach Post introduce
himself. Members welcomed Will Vash.
Consideration of modification to the Human Resources Manual (moved to
Consent Agenda)
E. Consideration of Review Committee for RFQ for Legal Advisor Services
Chairperson Heavilin inquired if the RFQ has gone out and Mr. Hutchinson stated that it
has. There had been previous discussion that a review committee would be formed to
go over the responses. Mr. Hutchinson inquired if any Board members wanted to serve
on the committee. Because the committee would be comprised of more than one Board
member, the committee meetings will be posted.
Vice Chair Tillman and Chairperson Heavilin indicated that they would like to serve. Ms.
Horenburger said that she would be an alternate, if needed. Mr. Hutchinson would also
like to serve. Ms. Horenburger thought that Mr. Hutchinson was not eligible to serve as
a voting member on a selection committee since he was staff. Attorney Payne
responded that Mr. Hutchinson could serve in that capacity since the meeting would be
posted. Chairperson Heavilin noted that the Board would still make the final decision
and this is only a committee recommendation. Ms. Horenburger withdrew her offer to
serve on the committee.
Motion
Vice Chair Tillman moved to approve the selection of three persons to serve on the
committee for the Review of the RFQ for Legal Advisor Services. Motion seconded by
Mr. Myott and unanimously carried.
X. Commissioner Action
Chairperson Heavilin appreciated having an overview included in the agenda packet on
how the Commission voted on CRA recommendations.
Xl.
Board Member Comments
11
5802
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
August10,2004
Mr. Myott reported that he attended a forum sponsored by the Business Development
Board this morning where he learned that the County Commission at their Tuesday,
August 17th, meeting at 2:00 p.m. would be considering locations for the Scripps
Project. Environmentalists have been putting a lot of pressure on some of the County
Commissioners. The vote is critical since a great deal of money has been spent and
opportunities could be lost on the project. The County Commission is seeking position
papers, and he thought that the CRA, the Chamber of Commerce and other interested
parties could give their positions. He will bring copies of the County Commission
agenda to the Chamber of Commerce meeting tomorrow.
Ms. Horenburger noted that some environmentalist groups may be filing lawsuits, which
could hold up the process.
Xll. Legal
Xlll. Other Items
XlV. Future Agenda Items
A. Budget Workshop for Financial Analysis (August 26th)
B. City/CRA Workshop (August 16th)
Consideration of Modification to the Direct Incentive Program to Include
Arts Commission Elements for Incentive Scoring (September)
D. Consideration of Direct Incentive Application for the Promenade at
Boynton Project (September)
Chairperson Heavilin announced the City Commission/CRA Workshop scheduled for
August 16th at 6:30 p.m. in the Library.
Chairperson Heavilin announced that the Budget Workshop is scheduled for August 26th
at 6:00 p.m.
There being no further business, the meeting properly adjourned at 7:50 p.m. Members
proceeded to take a ride on the trolley.
Respectfully submitted,
Barbara M. Madden
Recording Secretary
(August 11, 2004)
58O3
12
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
August 10, 2004
5804
13
MEMO
TO: CRA Board
FROM:
Susan Vielhauer
SUBJECT: Financials
DATE:
September 9, 2004
INCOME STATEMENT NOTES
We received $5,451.80 for the month of August in interest from the Money Market
Account this month.
BALANCE SHEET NOTES
Cash and Cash Equivalents include $36,635.09 operating account, $4,568,456.28
money market, and $500 petty cash.
Accounts Payable includes the following expenses incurred: Sun Trust Visa Card
..$30.93. These expenses will be paid by September 15, 2004.
BUDGET TO ACTUAL COMPARISON NOTES
The Year to Date Total column includes income and expenses, which have been
approved by the CRA Board to date.
The Current Period includes the beginning' balance of all accounts as of the first of the
month. Current Revenues received this month include $5,451.80 in interest.
5805
Currently the % of budget remaining should be 8% of the total approved budget. The
following categories are below or above the 8% 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. Shod Term & Long Term Disability - Under, due to loss of one employee.
3. Life Insurance - Under, due to loss of one employee.
4. Legal Expense - Under, due to legal bills that have declined over the past three
months on average.
5. Contracted Services - Over, will ask for budget transfer.
6. City Staff - Under, due to decline in second meetings and workshops for the past
three months.
7. Audit- Under, one time expense.
8. IT Maintenance - Under, timing of bill.
9. Phone Expense - Under, due to reduction in plans on the cell phones and a
change in the phone company to FDN to lower cost.
10. Promotional / Business Meetings, CRA Meeting / Presentations, Association
Meeting - Under, due to staff utilizing the conference room for more meetings.
Il.Seminars - Over, due to payment for the following seminars; Florida
Redevelopment Association and International Downtown Association. Staff will
be requesting additional funds in the category.
12.Office Expense - Under, due to efficient purchases of CRA Board and Office
Supplies.
13. Licenses, Fees, Permits - Under, due to costs do not occur at given intervals.
14.Advertising - Under, due to costs do not occur at given intervals.
15. Career Development - Under, due to costs do not occur at given intervals.
16. Miscellaneous Expense - Under, due to costs do not occur at given intervals.
17. Debt Service - CRA has not incurred additional debt to date.
18.Office Leasehold Improvements - Under, due to costs do not occur at given
intervals.
5806
19.Website Update / Expansion - Under, due to website is under construction now.
20. Printing & Promotional Program - Under, due to annual reports are under
construction now.
21.Police & Trolley Program - Under, due to in the development stage. Staff is
requesting a Balance Transfer to remove Trolley Program, which will start in
2004/2005 Fiscal Year.
22. Facade Grants - Under, due to existing grants are not complete at this time.
APPROVED FA(~ADE GRANTS
Boynton Boundless LLC
Delray-Boynton Academy
Colonial Condo. Assoc
Scully Burgers
Welsh Plastering
$15,000.00
$15,000.00
SI5,000.00
$10,489.00
$ 1,800.00
23. 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
24. Riverwalk/Promenade Project - Under, due to timing of construction, which has
begun.
25. HOB Commercial Improvements - Under, due to project has just started.
26. Marina Parking Garage - Under, due to project has not started yet.
27. CDC Parking Garage - Under, due to project is in development.
28. Savage Creatures Complex- Under, due to Feasibility Study has just started.
29. Miscellaneous Project - Under, due to the Mass Model Project has just started.
Staff is requesting an extension of this contract.
5807
Community Redevelopment Agency of Boynton Beach
Balance Sheet
Government Funds
August 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
$
$
$
$
4,605,591.37
2O5,237.43
1,344.13
$
$
$
$
$
869,209.96
$
$
$
$ 235,079.28
$ 18,805.68
$ (4,724.86)
$ 5,930,542.99
$ 30.93
$ 18,735.49
$ 2,752,345.10
$ 2,771,111.52
$ 3,295,835.16
$ (136,403.69)
$ 3,159,431.47
$ 5,930,542.99
5808
Income Statement
August 31, 2004
Revenue
Tax Increment Funds
Tax Increment Funds
Total Tax Increment Funds
City Funds
City Transfer Funds
Total City Funds
Grants, Project Reimbursements
Grant Funding
Total Grants and Projects
Interest Income
Interest Income
Total Interest Income
Other Income
Other Income
Total Other Income
Total Sources of Funds
Current
$o.oo
$0.00
$o.oo
$o.oo
$o.oo
$0.00
$5,451.80
$5,451.80
$1,900.00
$1,900.00
$7,351.80
YTD
$2,517,634.74
$2,517,634.74
$o.oo
$o.oo
$o.oo
$0.00
$54,933.05
$54,933.05
$4,170.00
$4,170.00
$2,576,737.79
Current Total
$2,517,634.74
$2,517,634.74
$0.00
$o.oo
$o.oo
$0.00
$60,384.85
$60,384.85
$6,070.00
$6,070.00
$2,584,089.59
58O9
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 - 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
$2,700.00
$o.oo
$o.oo
$o.oo
$2,700.00
$0.00
$0.00
$248.37
$o.oo
$1,771.90
$o.oo
$o.oo
$o.oo
$o.oo
$2,O2O.27
$476,052.48
($39,254.08)
$3,500.00
$157,500.00
$0.00
$o.oo
$o.oo
$597,798.40
$14,250.00
$1,117.44
$132.02
$260.00
$6,954.05
$127.60
$39.36
$71.41
$o.oo
$334.26
$44,816.35
$2,752.60
$245.00
$o.oo
$2,720.00
$476.73
$224.94
$362.75
$o.oo
5810
YTD
$64,715.95
$86,162.08
$o.oo
$o.oo
$o.oo
$150,878.03
$10,104.70
$1,412.60
$o.oo
$o.oo
$29,767.60
$o.oo
$18,393.00
$9,752.00
$o.oo
$69,429.90
$1,109,870.03
$50,716.71
$48,485.66
$o.oo
$o.oo
$40,162.30
$10,710.00
$1,259,944.70
$175 948.87
$11 689.81
$1 469.23
$1 24O.OO
$5 624.61
$1 373.41
$14 946.61
;429.64
$5 975.00
· $3 921.56
$207 466.89
$48,530.16
$2,846.06
$10,445.00
$12,391.41
$4,782.09
$1,588.93
$3,627.50
$0.00
Current Total
$64,715.95
$88,862.O8
$o.oo
$o.oo
$o.oo
$153,578.03
$10,104.70
$1,412.60
$248.37
$o.oo
$31,539.50
$o.oo
$18,393.00
$9,752.00
$o.oo
$71,450.17
$1,585,922.51
$11,462.63
$51,985.66
$157,500.00
$o.oo
$40,162.30
$10,710.00
$1,857,743.10
$190,198.87
$12,807.25
$1,601..25
SI,500.00
$12,578.66
$1,501.01
$14,985.97
$501.05
$5,975.00
$4,255.82
$252,283.24
$51,282.76
$3,091.06
$10,445.00
$15,111.41
$5,258.82
$1,813.87
$3,990.25
$o.oo
Income Statement
Property / General Insurance
Bonding Insurance
Professional Insurance
Promotional / Business Meeting
CRA Meeting / Presentation
Association Meeting
Seminars
Mileage & Delivery Services
Car Allowance Director
Office Supplies
Office Expense
Office Equipment / Furniture
Licenses, Fees, Permits
Membership, Subscriptions
Books & Publications
Advertising Expense
Career Development
Office Printing
Marketing and Promotions
Miscellaneous
Depreciation Expense
Interest Expense
Total General & Administrative
Total Application of Funds
Fund Sources in Excess of Application
Current
$106.32
$27.95
$261.85
$121.94
$0.00
$0.00
$1,822.00
$347.70
$276.92
($112.50)
$56.00
$0.00
$140.86
$399.7O
$0.00
$243.0O
$425.00
$68.48
$0.00
$0.00
$264.88
$0.00
$79,334.61
$681,853.28
{$674,501.48)
YTD
$961.55
$266.10
$2,618.50
$3,023.18
$1,074.92
$142.23
$8,997.10
$734.04
$2,907.66
$8,434.98
$860.58
$1,675.69
$223.76
$3,295.48
$374.96
$1,033.50
$1,356.79
$3,587.49
$0.00
$167.15
$2,339.10
$15.83
$558,371.54
$2,038,624.17
$538,113.62
Current Total
$1,067.87
$294.05
$2,880.35
$3,145.12
$1,074.92
$142.23
$10,819.10
$1,081.74
$3,184.58
$8,322.48
$916.58
$1,675.69
$364.62
$3,695.18
$374.96
$1,276.50
$1,781.79
$3,655.97
$0.00
$167.15
$2,603.98
$15.83
$637,721.98
$2,720,493.28
($136,403.69)
5811
August31,2003
Beginning Balance
""enues
Taxes
Grant Funding
Interest Income
Other Income
Total Revenue
Expenditures
Personnel Cost
Salary Expense
Payroll Taxes
Retirement 457 Plan
Shod 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
Office Total
r ment Leases Expenses
Insurance
Property/General Insurance
Bond/Liability Insurance
Professional Insurance
Insurance Total
Travel/Entertainment Expense
Promotional/Business Meetings
CRA Meeting/Presentation
Association Meeting
Seminars
Mileage & Delivery Services
Car Allowance- Director
Total Travel Expenses
Office Supplies
Office Expense
Office Supplies
Total Office Supplies
Licenses, Books, Publication
Licenses, Fees, Permits
Memberships, Subscriptions
Books & Publication
Total Licenses, Books, Publicati¢
Advertising & Public Notices
Career Development
Office Printing Expense
Miscellaneous Expense
Community Redevelopment Agency of Boynton Beach
Amended Year T~- Current YTD
2003/2004 Budget Date Period Totals Including
Budget July 13, 2004 Totals August Current Month
4,751,917.00 5,207,162.00 5,207,162.00 5,603,016.58 5,207,162.00
03/04 % of
Budget Budget
Remaining Remaininc,
2,361,158.00 2,517,635.00 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 54,933.05 5,451.80 60,384.85 14,615.15 19%
0.00 0.00 0.00 700.00 700.00 700.00 N/A
7,188,075.00 2,592,635.00 2,572,567.79 6,151.80 2,578,719.59
15,315.15
207,500.00 207,500.00 175,948.87 14,250.00 190,198.87 17,301.13 8%
15,563.00 15,563.00 11,689.81 1,117.44 12,807.25 2,755.75 18%
9,375.00 9,375.00 1,240.00 260.00 1,500.00 7,875.00 84%
0.00 2,000.00 1,469.23 132.02 1,601.25 398.75 20%
1,824.00 2,429.00 2,428.81 0.00 2,428.81 0.19 0%
16,800.00 16,800.00 14,946.61 39.36 14,985.97 1,814.03 11%
540.00 644.00 429.64 71.41 501.05 142.95 26%
251,602.00 254,311.00 208,152.97 15,870.23 224,023.20
44,000.00 76,742.00 48,530.16 2,752.60 51,282.76
6,000.00 6,000.00 3,921.56 334.26 4,255.82
170,000.00 219,511.00 207,466.89 44,816.35 252,283.24
7,500.00 7,500.00 5,975.00 0.00 5,975.00
2,800.00 3,350.00 2,846.06 245.00 3,091.06
13,360.00 13,360.00 10,445.00 0.00 10,445.00
30,287.80 12%
25,459.24 33%
1,744.18 29%
-32,772.24 -15%
1,525.00 20%
258.94 9%
2,915.00 22%
243,660.00 326,463.00 279,184.67 48,148.21 327,332.88 -869.88 0%
14,112.00 14,112.00 12,391.41 2,720.00 15,111.41 -999.41 -7%
7,800.00 7,800.00 4,782.09 476.73 5,258.82 2,541.18 33%
1,875.00 1,875.00 1,588.93 224.94 1,813.87 61.13 3%
23,787.00 23,787.00 18,762.43 3,421.67 22,184.10 1,602.90 7%
4,356.00 4,356.00 3,627.50 362.75 3,990.25 365.75 8%
1,438.00 1,438.00 1,376.57 0.00 1,376.57 61.43 4%
350.00 373.00 372.26 0.00 372.26 0.74 0%
3,900.00 3,900.00 2,909.77 0.00 2,909.77 990.23 25%
5,688.00 5,711.00 4,658.60 0.00 4,658.60
1,052.40 19%
4,800.00 4,800.00 3,023.18 121.94 3,145.12 1,654.88 34%
3,000.00 3,000.00 1074.92 0.00 1,074.92 1,925.08 64%
504.00 504.00 142.23 0.00 142.23 361.77 72%
6,735.00 6,735.00 8,997.10 1,822.00 10,819.10 -4,084.10 -61%
1,080.00 1,080.00 734.04 347.70 1,081.74 -1.74 0%
3,600.00 3,600.00 2,907.66 276.92 3,184.58 415.42 12%
19,719.00 19,719.00 16,879.13 2,568.56 19,447.69 271.31 1%
1,500.00 1,500.00 860.58 56.00 916.58 583.42 39%
7,500.00 9,000.00 8,434.98 -112.50 8,322.48 677.52 9%
9,000.00 10,500.00 9,295.56 -56.50 9,239.06 1,260.94 14%
1,250.00 1,250.00 223.76 140.86 364.62 885.38 71%
3,316.00 3,852.00 3,295.48 399.70 3,695.18 156.82 5%
500.00 500.00 374.96 0.00 374.96 125.04 25%
5,066.00 5,602.00 3,894.20 540.56 4,434.76 1,167.24 23%
4,000.00 4,000.00 ~,033.50 243.00 1,276.50 2,723.50 68%
4,000.00 4,000.00 1,356.79 425.00 1,781.79 2,218.21 55%
4,500.00 4,500.00 3,587.49 68.48 3,655.97 844.03 19%
500.00 500.00 182.98 0.00 182.98 317.02 63%
5812
Debt Service
Principal Payment
Interest Expense
Debt Issue 1
Sinking Fund
Issuance Cost
Total Debt Service
2003/2004
Budget
134,925.23
182,372.73
200,000.00
20,000.00
60,000.00
597,297.96
Amended
2003/2004
Budget
Year To Date Current Period
Totals--- August
134,925.23 64,715.95 0.00
182,372.73 86,162.08 2,700.00
200,000.00 0.00 0.00
20,000.00 0.00 0.00
60,000.00 0.00 0.00
597,297.96 150,878.03 2,700.00
YTD Totals 03/04
Including Current Budget
Month Remaining
64,715.95 70,209.28
88,862.08 93,510.65
0.00 200,000.00
0.00 20,000.00
0.00 60,000.00.
153,578.03 443,719.93
52%
51%
1C'
1L
100%
74%
5813
Operating Expense
PROGRAMS
O~;~.e EquipmentJFurniture
a Leasehold Improvements
Web Site Update/Expansion
Printing & Promotional Programs
Marketing and Promotions
Police
Central Business District
Heart of Boynton
Total Police
Transportation/Trolley
Festivale/Evente/Bus. Program
Facade Grants
Economic Development Grants
PROJECTS
Riverwalk/Promenade Projects
HOB Commercial/improvements
Way-Finding Signage
Marina Parking Garage
CDC Parking Site
Savage Creatures Complex
Miscellaneous Projects
TOTALS EXPENSES
T~' Reserve Balance Before Debt
Proposed Bonds
TOTAL RESERVE BALANCE
1,173,175.96 1,260,746.96 701,493.85 74,291.96
Amended Year To Current
2003/2004 Budget Date-- Period
Budget July 13, 2004 Totals August
2,500.00 2,500.00 1,675.69 0.00
1,500.00 1,500.00 0.00 0.00
10,000.00 35,000.00 10,104.70 0.00
17,500.00 17,500.00 1,412.60 0.00
2,000.00 2,000.00 0.00 0.00
175,000.00 175,000.00 0.00 2,788.37
175,000.00 175,000.00 0.00 2,840.00
775,785.81 484,961.15
YTD 03/04 % of
Totals Including Budget Budget
Current Month Remaining Remaining
1,675.69
0.00
10,104.70
1,412.60
0.00
2,788.37
2,640.00
350,000.00 350,000.00 0.00 5,628.37 5,628.37
150,000.00 0.00 0.00 0.00 0.00
50,000.00 50,000.00 25,597.60 571.90 26,169.50
100,000.00 150,000.00 18,393.00 0.00 18,393.00
50,000.00 50,000.00 9,752.00 0.00 9,752.00
0.00 2,150,000.00 1,109,870.03 476,052.48 1,585,922.51
5,550,000.00 846,600.00 199,055.78 47,486.13 246,541.91
50,000.00 60,451.00 48,485.66 3,500.00 51,985.66
0.00 1,050,000.00 0.00 157,500.00 157,500.00
1,750,000.00 1,750,000.00 0.00 0.00 0.00
75,000.00 75,000.00 40,162.30 0.00 40,162.30
50,000.00 50,000.00 10,710.00 0.00 10,710.00
9,381,675.96 7,901,297.96 2,176,713.21 765,030.84 2,941,744.05
-2,193,600.96 -101,500.96 5,603,016.58 4,844,137.54
2,000,000.00 2,000,000.00 0.00 0.00
-193,600.96 1,898,499.04 5,603,016.58 4,844,137.54
4,644,137.54
0.00
4,844,137.54
824.31 33%
1,500.00 100%
24,895.30 71%
16,087.40 92%
2,000.00 100%
172,211.63 98%
172,160.00 98%
344,371.63 98%
0.00 0%
23,830.50 48%
131,607.00 88%
40,248.00 80%
564,077.49 26%
600,058.09 71%
8,465.34 14%
892,500.00 85%
1,750,000.00 100%
34,837.70 46%
39,290.00 79%
4,959,553.91
5814
STATEMENT OF CASH FLOWS
BEGINNING CASH BALANCE
REVENUES
')ther Income
Sponsorship for State of CRA
Rent
Total Other Income
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
Total Salaries Expense
Payroll Taxes
941 taxes July
Total Payroll Taxes
]ealth Insurance Expense
,801.78
,801.78
461.54
461.54
,339.62
,339.62
,312.22
,312.22
$ 4,455.02
$ 1,200.00
$ 700.00
$ 1,900.00
$ 5,451.80
$ 5,451.80
$ 9,830.32
$ 4,455.02
$ 5,580,464.74
$ 5,587,816.54
Comp Dent Corporation
Total Health Insurance Expense
Life Insurance Expense
First Colony Life Insurance
Total Life Insurance Expense
Retirement
Lord Abbot
Lord Abbot
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
Professional Fees - Contracted
RMPK Group
RMPK Group
RMPK Group
The Angell Group
RBC Dain Rauscher
Kimley-Horn Associates, Inc
Jonathan Ricketts
Total Professional Fees - Contracted
5815
$ 39.36
$ 71.41
$ 200.00
$ 200.00
$ 200.00
$ 132.02
$ 2,752.60
$ 15,000.00
$ 4,400.00
$ 260.23
$ 187.50
$ 12,984.67
$ 3,800.0O
$ 8,876.25
$ 39.36
$ 71.41
$ 600.00
$ 132.02
$ 2,752.60
$ 45,508.65
Professional Fees - City Clerk
City of Boynton Beach
City of Boynton Beach
City of Boynton Beach
Total Professional Fees - City Clerk
Professional Fees - Maint. & Cleaning
Green Team Pest Control
Allan Business Machines
Royal Office Cleaning
Total Professional Fees - Maint. & Cleaning
Equipment Leases
Pitney Bowes
Imagistics
Total Equipment Leases
Office Printing
Imagistics
Total Office Printing
Rent Expense
Gene Moore rent September
Leon Stuck new offices
Total Rent Expense
Electric
FPL
Total Electric Expense
Telephone
Cingular Wireless
FDN Communications (July)
Bell South
Total Telephone Expense
Promotional/Business Meetings
Business Meeting
Total Promotional/Business Meetings
Debt Interest
Bank of America
Total Debt Interest
Membership & Subscriptions
Florida Trends
TGCI Grantmanship Center
Total Membership & Subscriptions
Fees
SunTrust Bank Fees
Total Fees
Festivals/Events/Business Programs
Discovery Travel
Stanely Bernstein
Benton Photography
Total Festivals/Events/Business Programs
Mileage & Delivery
Federal Express
Total Mileage & Delivery
Advertising
The Palm Beach Post
The Palm Beach Post
Total Advertising
5816
$
$
$
$
$
$
$
112.23
222.03
215.83
20.00
85.00
140.00
19.75
343.00
68.48
1,120.00
1,600.00
224.94
68.12
188.61
220.00
451.57
2,700.00
179.70
250.00
134.86
671.90
800.00
300.00
216.10
243.00
399.00
$ 550.09
$ 245.00
$ 362.75
$ 68.48
$ 2,720.00
$ 224.94
$ 476.73
$ 451.57
$ 2,700.00
$ 429.70
$ 134.86
$ 1,771.90
$ 216.10
$ 642.00
Office Expense
Aqua Springs & Coffee
Total Office Expense
Office Supplies
Sale of Books
Walmart
Postage
Total Office Supplies
Festival/Events/Business Programs
Postage
Total Festival/Events/Business Programs
Career Development
Gold Coast School Real Estate
Total Career Development
Seminars
Westin Hotel & Resort
Total Seminars
Marina Parking Garage
TRG Boynton Beach
Total Marina Parking Garage
Way-Finding Signs
Guidance Pathway Systems
Total Way-Finding Signs
Police Contract More Direct
City of Boynton Beach
Total Police Contract
JBB Ext/RiverwalldPromenade
Burkhardt Construction
Total BBB Ext/RiverwalldPromenade
Savage Creatures Museum Study
Baker Leisure Group
Total Savage Creatures Museum Study
HOB
Goren, Cherof, Doody, & Ezrol
Goren, Cherof, Doody, & Ezrol
Keith & Schnar PA
West Berry & Associates
Pamela Williams Relocation Funds
West Berry & Associates
Pinnell Survey Inc
Escrow Account for Scott
Sam Kelly Relocation Funds
Brandon Kelly Relocation Funds
The Urban Group
The Urban Group
Total HOB
TOTAL EXPENDITURES
3'-"'AL REVENUES OVER EXPENDITURES
$ 56.00
$ (116.50)
$ 49.16
$ 2O0.0O
5817
$ 200.00
$ 425.00
$ 1,822.00
$157,500.00
$ 3,500.00
$ 5,181.60
$ 248.37
$ 681,289.91
$ 10,000.00
$ 1,176.70
$ 2,165.10
$ 1,500.00
$ 5,0O0.00
$ 1,000.00
$ 4,2O0.00
$ 650.00
$ 5,000.00
$ 3,153.56
$ 3,153.56
$ 8,662.27
$ 11,824.94
$ 56.00
$ 132.66
$ 200.00
$ 425.00
$ 1,822.00
$ 157,500.00
$ 3,500.00
$ 5,429.97
$ 681,289.91
$ 10,000.00
$ 47,486.13
$ 982,225.17
$ 4,605,591.37
Memo
To:
From:
Date:
Fie:
CRA Board
Susan Vielhauer
August 24, 2004
Consideration of Payment of Facade Grant for Scully Burgers
Scully Burgers, located at 2005 S. Federal Highway, Boynton Beach, FL., has submitted
a request for payment for the Fa~;ade Grant Application, which was approved on June
8th, 2004 in the amount of $10,489.
The total portion of the project for the Fa~;ade Grant included the Fr°nt Deck at a cost of
$9,600, building painting at a cost of $2,700.00 and parking lot at a cost of $8,164.60.
Attached are the copies of payments, checks, and Final Lien and Payment Release
from M & M asphalt Pavement Maintenance Corp., Gene Marecsa, and Roe Stream
Painting, as well as pictures of the completed project.
Staff is recommending the approval of the request for payment of $10,489 for the Scully
Burgers Facade Grant. The Budget line item Facade Grants has funds to pay the grant
request.
5818
SCULLY RESTAURANT
2005 SOUTH FEDERAL ltIGHWAY
BOYNTON BEACH, FL 33435
561-733-4782
FACADE IMPROVEMENTS COMPLETED
AUGUST 11, 2004
Estimated costs:
From deck $9600.00
Parking lot 8585.00
Building paint 2700.00
TOTAL $20885.00
Final costs
From deck $9600.00
Parking lot 8164.60
Building paint 2700.00
Miscellaneous:
Ed Siska l~ndscape 470.00
Collet's Tree Service 475.00
TOTAL ACTUAL
COSTS: $21,409.60
The miscellaneous expenses were necessary to prepare the parking lot for paving.
August 11, 2004
5819
M & M ASPHALT PAVEMENT MAINT. CORP.
601 EAST COAST DR, N
LANTANA FL 33462
PHONE: 561 588 0949
FAX: 561 588 2140
RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, M & M ASPHALT PAVEMENT MAENT CORP, for and in
good consideration the sufficiency and receipt of which is hereby acknowledged, hereby
releases and quit claims to KEVEN SCULLEY, SCULEY'S RESTAURANT, 205 S
FEDERAL HWY, BOYNTON BEACH FL its assigns, and the owner, all liens, liens
rights, claims or demands of any kind whatsoever, which the undersigned now has or
might have against the building on premises. Further: On account of labor performed
and/or material furnished for the construction of any improvements thereon. That
all LABOR, SUB-CONTRACTORS, AND MATERIALS, used by the undersigned
in the erection of said improvements have been fully paid for.
By:
Print: NElL ORTNER
Title: PRESIDENT
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me on August 19, 2004 by
NEIL ORTNER, its president, who is personally known to me and
did take an oath.
State of Florida at Large
5820
M&M ASPHALT PAVEMENT MAINT. CORP
601 EAST COAST AVE N
LANTANA, FL 33462
~ oice:
Fax:
561 588-0949
561 588-2140
IIIVOIC!
Invoice Numbe~
6119-:
Invoice Date
Jul 21, 200,
Page
1
SoldTo:
SCULLY ENTERPRISES, INC
2005 S FEDERAL HWY
BOYNTON BEACH, FL 33435
Ship to:
Customer ID ~ Customer PO
Sales Rep ID ~ Shipping Method
Payment Terms
Net 3 Days
Ship Date
Quantity Item Description Unit Pdce
OVERLAY 10,749 S.F. STRIPE,
ADDITIONAL:
HANDICAP SIGN & POSTS
CAR STOPS
PERMITS
. lO,O''l
Due Date
7~24/04
Extension
7,110.00
300.00
600.00
154.60
Check No:
5821
Subtotal
Sales Tax
Total Invoice Amount
Payment Received
TOTAL
8,164.60
8,164.60
0.00
8,164.60
SMALL BUSINESS CHECKING
ACCOUNT NO. STATEMENT DATE
71-237-193 Jun. 36, 2004
Souttgh~ilm~ i
Page 5 of 7
5822
'I
m
III
M&M ASPHALT PAVEMENT MAINT. CORP
601 EAST COAST AVE N
LANTANA, FL 33462
¢oice: 561 588-0949
Fax: 561 588-2140
Ill ¥
Invoice Numbe~
6119-:
Invoice Date
Jul 21, 200,
Page
1
Sold To:
SCULLY ENTERPRISES, INC
2005 S FEDERAL HWY
BOYNTON BEACH, FL 33435
Ship to:
Customer ID Customer PO
SCUL
Sales Rep ID
Shipping Method
Quantity
Item
Payment Terms
Net 3 Days
Ship Date Due Date
Description
IOVERLAY 10,749 SoF. STRIPE,
~ADDITIONAL:
HANDICAP SIGN & POSTS
CAR STOPS
PERMITS
DEPOSIT
Unit Pdce
7/24/04
Extension
7,110.00
300.00
600.00
154.60
-5,000.00
'1
Check No:
5823
Subtotal
Sales Tax
Total Invoice Amount
Payment Received
TOTAL
3,164.60
3,164.60
0.00
3,164.60
SMALL BOSINESS CHECKING
71-237~193 Jul. 31, 200,4
Page 6 of Z
;:;?j y,c .~-
..... IlllllllllllllllJllll{
GENE MAKESCA
?B Crossings Circle
Boynton Beach~ Fl.
561-~64-4980
~73-3070 cell
mn~x2000g (_&;h otmail c o m
Contractor's Affidavit
State of Florida
County of PALM BEACH
Before me, the undersigned, personally appeared and, after being duly sworn,
deposes and says of his personal knowledge the following:
He is the Gene Maresca, which does business in the State of Florida, hereinafter
referred to as the" Contractor."
Contractor, pursuant to a contract with Kevin Scully Hereinafter referred to as the"
Owner," has furnished or caused to be furnished labor, materials, and services for the
construction of certain improvements to real property as more p _articularly set forth
in said contract for Replacement exterior deck, railing and walkways.
This affidavit is executed by the contractor in accordance with section 713.06 of the
Florida Statutes for the pm-pose of stating that all lienor under his direct contract
who have timely served a notice to owner on the owner and the contractor have been
paid ha full.
Signed, sealed, and delivered this
By; Gene Maresca Sole proprietor
General Contractor CGC 019677
~ J£NNII~ER OL_qON
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. DD083264
MY COMMISSION EXP. AUG 27~2005
5825
Gene Maresca
7B Crossings Circle
Boynton beach, F1.33435
561-364-4980
Remodeling P?oposal
Date:
Submitted to:
Of (company):
City, St, Zip:~
oodunt,,:
Date of plans: Approx. start:
Architect: Approx. end:
We hereby submit specifications and estimates for:
I~.EI~~~60R DECKING MATERIAL AND REPLACE WITH TREX 2X6
SADDLE COLOR.
POUR CONCRETE RA~P ON SOUTH SIDE OF FRONT WALKW~A¥.
/
TREX MATERIAL
FASTENERS / COMPOSITE-DECKING SCREWS
LABOR FOR DECK WORK INCLUDING HAULING
RAMP MATERIAL ~ FORM WORK LABOR
$3098.~9
:306.00
~00.00
35S.60
SUB TOTAL
$ 5260.19
ESTIMATE FOR ANY STRUCTIAL REPAIRS TO DECK JOISTS OR THE
REPLACEMENT OF ANY SUPPORTING MEMBERS. $ 2733.00
iI~TE TO REPAIR DECK RAILING. $ 1606.8
TOTAL
$ 9600.00
Payments to be made as follows:
Contractor's signature:
Acceptance of proposal - The above price, specififcations and conditions are satisfactory and are
hereby accepted. You are authorized to do the work as specified. Payment will be made as
shown above, l~,vl. ~~
Owner's signature: Date: '2'/5~ Or!
SMALL BUSINESS CHECKING
ACCOuMT NO. STATEMET't"¢ DATE
71-237-193 Jul, 31, 2004
SouUmmt Bank J
Page $ of 7
30ai)421~t '
5827
Iii
~. ~\ ~MJUJ. BUSINESS CHECKING
ACP.;OLJ~'~T NO. STATEMENT DATE
71-237-193 Jul. 31. 2004
5828
Check Printing View Page 1 of 1
Posted Date [[ 20040805
Bank [l 95
R/T [[ 6310943
Account ][ 71237193
Check 11455
Amount 112062.53
DIN 11150111959
Secondary DIN I[ 150111946
Secondary Check I[ 0
Secondary Account
{187882503
Tran. Code I 0
Media I[MOT
status
5829
http://10.10.26.12/servlet/PrintLayoutServlet?PRINT_MODE=oneXOne&itemsPerFetch=l... 8/6/2004
RoeStream Painting
?07-e3 e
SCULLEY BURGERS
KEVIN SCULLEY
~[nvoice
Date Tnvoice #
05 09 04 5643
· Pressure cleaning OF THE BUTLD];NG
· 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
~ ~-cc~ ci~ q:) ~ ~ c~ q -/'5'- c~4
5830
8MALL BUSINESS CHECKING
71-237-193 Jul. 31, 2004
SeutllmtBmlk I
Pgge 4 al 7
i
SMALL BUSINESS CHECKING
ACDOUNT NO STATE~EN'Ii DATE
71-237-193 Jul. 31, 2004
~t~ S
PB~e 5 of 7
Ill
Ro¢$tre~rn Pointing
(§61) 707-8318
Bill To
Date Znvoice
~-/7-~t -~ Iff-
~-//}
5833
W CA~ IiIEAL~
Before Picture of Building
After Painting
5834
Before Picture of Deck
After Deck Completed
5835.
Before Picture of Deck
After Deck Completed 5836
Betbre Picture of Parking Lot
After Parking Lot Completed
5837
MEMO
TO: CRA Board
FROM:
Susan Vielhauer
SUBJECT: Consideration of a Motion to Extend the time on Work Order #1 of
the Financial Advisory Contract
DATE:
August 23, 2004
Staff has been working continuously with the Julie Turner of RBC Dain Rauscher,
formally William R. Hough and Company on Phase 1- Planning and Development
comprehensive analysis on the budget's financial needs.
Due to the continuing work effort, Staff is recommending a motion to extend the
time for completion of Work Order #1 from March 2, 2004 to September 1,2004.
5838
WORK ORDER FOR FINANCIAL ADVISORY SERVICES
MASTER CONTRACT NAME: Financial Advisory Contract
DATE CONTRACT WAS APPROVED: February 10~ 2004
AMENDED WORK ORDER NO: #1
DATE: 02/19/2004
DESCR/PTION: Phase 1- Planning and Development
1. Attend meeting as requested by the CRA for the purpose of developing a long term plan to
address all proposed programs and capital needs and how these needs should be funded.
2. Perform a comprehensive analysis on the budget's financials needs.
3. Carefully analyze financing methods to determine the best methods for the CRA consistent with
current economic and capital market conditions and rating agency criteria. The Financials
Advisor shall provide advice as to the advantages and disadvantages on long term financing and
credit enhancements devices.
AUTHORIZATION TO PROCEED: Execution of this Work Order by the Boynton Beach Community
Redevelopment Agency (the "CRA") shall serve as authorization for RBC Dain Rauscher formally
known as William R. Hough & Co. (hereinafter, the "Financial Advisor") to provide professional services
for the above Project. Whenever the Work Order conflicts with the Financial Advisory Services
Agreement dated as of February 19, 2004 (the "Agreement"), such Agreement shall prevail.
TIME FOR COMPLETION: The Financial Advisor shall use its best efforts to substantially complete
the Work Order No gl on or before; MP~,CH 2, 200~, SEPTEMBER 30, 2004.
COMPENSATION: Payment to the Financial Advisor shall be made by the CRA in accordance with
the payment terms set forth in the Agreement.
This Work Order is issued on an: [X] Hourly Rate Method
[ ] Another Method pursuant to the Agreement as described below.
If this Work Order is issued on an Hourly Rate Method, the Financial Advisor shall perform all work
required by this Work Order and will be compensated based on the hourly fee schedule set forth in
the Agreement, plus reimbursable out-of-pocket expenses.
b. If this Work Order is issued on another Method pursuant to the Agreement, such Method is specified
as follows:
Any compensation for work performed on the Project will not exceed this amount without prior written
authorization of the CRA.
It is expressly understood by the Financial Advisor that this Work Order, until executed by the CRA, does
not authorize the performance of any service by the Financial Advisor.
IN WITNESS WHEREOF, the parties hereto have made and executed this Work Order as of the date first
above written.
5839
RBC DAIN RAUSCHER,
formally known as WILLIAM R. HOUGH & CO.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Julie A. Turner, First Vice President
By:
Jeanne Heavilin
584O
MEMO
TO: CRA Board
FROM:
Susan Vielhauer
SUBJECT: Consideration of Approval of Community Redevelopment Agency
Pay Plan For 2004-2005
DATE:
August 28, 2004
Staff is presenting the CRA Pay Plan with the following Job Classifications and
pay rates for approval. The Pay Plan has not been adjusted for two years. The
Pay Plan sets the pay rangers for each position. The employee's pay is set within
their job pay ranges. Adjustment of the Pay Plan does not trigger any type of
automatic pay increases for the employees.
The increases to the pay ranges include a 1.035% increase in the Midpoint and
Maximum ranges for labor market adjustments. Note that inflation over two years
would generate an adjustment of 3% to 6%. The Bookkeeper will be a new
position with a new pay range. The Secretary position has an adjustment, due to
the current below market pay range in this Job Classification. We have had
problems in filling this position in the past and were very lucky to find Garine. We
have gone out for three ad cycles and have not found qualified candidates in the
current range of $18,000 to $32,500. From the current labor market responses;
staff feels that a range of $25,000 to $35,000 is required to fill the position at our
skill level needs.
Staff is recommending approval of the CRA 2004-2005 Pay Plan.
5841
Community Redevelopment Agency
Pay Plan 2004-2005
Job Title
CRA Director
Assistant Director
Controller
Administrative Assistant
Bookkeeper
Secretary
Contract Exempt Annual Annual
Position Non-Exempt Minimum Midpoint
Yes Exempt $80,000 $97,850
Yes Exempt $55,000 $65,663
No Exempt $40,000 $50,213
No Exem pt $33,500 $41,715
No Non-Exempt $30,000 $35,000
No Non-Exempt $25,000 $30,000
Annual
Maximum
$113,300
$74,675
$59,225
$48,925
$45,000
$35,000
Non-exempt positions will be defined by the CRA Executive Director as needed
and approved according to the hiring process of the CRA.
5842
MEMO
TO: CRA Board
FROM:
Susan Vielhauer
SUBJECT: Consideration of Budget Transfer Request
DATE:
September 9, 2004
Staff has attached the following Budget Transfer request for the 2003-2004 budget
ending September 30, 2004 for approval at the September 14, 2004 CRA Board
meeting. This transfer and 2003/2004 Budget amendment is in accordance with the
2004-2005 budget requirements.
City of Boynton Beach
Community Redevelopment Agency
Forecast for Expenditures Ending
September 30, 2004
Please find attached the projected final budget of the CRA Budget for September
30, 2004.
The following notes highlight all major items within the budget in an attempt to
provide insight as to our projected expenses and income through the end of
September in order to finish out the 2003-2004 year. All budgeted items may be
considered individually or as a group for discussion.
REVENUE:
TIF Funds:
TIF Funds received:
Total TIF Funds:
Interest Income:
$2.517.635
$2,517,635
Staff is projecting $6,600.00 per month in interest based on the average of
the first seven months at a declining rate.
Interest Income to be received: $ 4,994
Total Interest Income: $ 48,010
TOTAL REVENUE: $2,566,360
EXPENSES:
Personnel: This budget category includes four positions, Executive
Director, Administrative Assistant, Controller, and Secretary. Salary and
benefits will total $251,000 for 03-04, which is within the $253,602 budget.
Personnel Cost spent to date:
Personal Cost to be spent
$ 162,061
$ 92,145
Total Personnel:
$ 254,206
Professional Services: The following services and studies have been
contracted for the remainder of the 2003-2004 Budget Year:
Legal spent to date:
Legal to be spent:
Total Legal
$ 43,150
$ 33,592
$ 76,742
City Staff spent to date:
City Staff to be spent:
Total City Staff
$
$
$
2,9O7
3,093
6,000
Contracted Services spent to date: $
Contracted Services to be spent: $
Total Contracted Service $
175,856
164,361
340,217
Contract Current Billed to Date Expected toRolled onto Rolled onto Rolled onto
Contract Bill 03-04 04-05 & New 06-06 & New 06-07 & New
Projects Projects Projects
Guidelines $ 75,000 $ 37,500 $ 10,000 $ 27,500 $ 0 $ 0
BBB Phase l $ 36,000 $ 32,400 $ 3,600 $ 0 $ 0 $ 0
BBB Phase II $ 25,000 $ 7,000 $ 18,000 $ 0 $ 0 $ 0
Master Plan $150,000 $ 9,000 $ 16,000 $125,000 $ 0 $ 0
Expenses $ 8,686 $ 5,000 $ 5,000 $ 0 $ 0
Angel Pension Group $ 750 $ 563 $ 187 $ 0 $ 0 $ 0
TCEA $104,000 $ 63,200 $ 40,800 $ 0 $ 0 $ 0
Jonathan Ricketts $ 294,840 $ 17,507 $ 60,774 $ 52,255 $ 83,394 $ 80,909
RBC Bain $ 20,000 $ 0 $ 10,000 $ 10,000 $ 0 $ 0
Total $ 705,590 $175,856 $164,361 $ 219,755 $83,394 $ 80,909
Total
Audit spent to date:
Audit Services to be spent:
Audit Total
IT Support spent to date:
IT Support move to new office
IT Support to be spent:
IT Support Total
5,975
1,525
7,500
$ 10,455
$ 1,500
$ 2,905
$ 14,860
Professional Services 2004/2005: $ 445,319
Contracted Services rolled in 2004/2005 $ 219,755
Office Lease/Utilities: The CRA is now leasing offices from Gene Moore
with the office, conference area, and workspace within the same room.
Rent spent to date: $ 9,301
Rent to be spent: $ 4,811
Total Rent $ 14,112
Maint. & Cleaning spent to date:
Maint. & Cleaning to be spent:
Total Maint. & Cleaning
$ 2,526
$ 824
$ 3,350
Office Leasehold Services spent to date:$
Office Leasehold Services to be spent: $
Total Office Leasehold Service $
0
1,500
1,5OO
Phone spent to date:
Phone to be spent:
Total Phone:
$
$
$
3,839
3,961
7,800
Office Moving spent to date:
Office Moving to be spent
Total Office Moving
$
$
$
0
2,250
2,250
Electric spent to date:
Electric to be spent:
Total Electric
$ 1,382
$ 493
$ 1.875
Total Office Lease/Utilities 2004/2005:
$ 30,887
Equipment Leases: The CRA is leasing the copier and a postage
machine. The contract on the copier is a three-year contract and the
postage machine is a year-to-year contract.
Equipment Lease spent to date:
Equipment Lease to be spent:
$ 2,559
$ 1,797
Total Equipment Lease:
$ 4,356
Insurance: All insurance have been spent to date for the 2003-2004
budget year.
Property/general spent to date:
Bond spent to date:
Professional spent to date:
$ 1,438
$ 373
$ 3,9OO
Total Insurance:
$ 5,711
Travel/Entertainment Expenses: The CRA attends business meetings
with developers, community groups, and professional organizations to
promote the work of the CRA and the betterment of the City of Boynton
Beach. The following amounts have been budgeted' for the remainder of
the 2003-2004 Budget Year.
Promotional/Business spent to date: $
Promotional/Business to be spent: $
Total Promotional/Business $
2,180
2,620
4,8OO
CRA Meetings/Events spent to date: $
CRA Meetings/Events to be spent: $
Total CRA Meetings/Events $
1,075
1,925
3,000
Association Meetings spent to date: $
Association Meetings to be spent: $
Total Association Meetings $
4,684
2,555
7,239
Mileage & Delivery spent to date:
Mileage & Delivery to be s. pent:
Total Mileage & Delivery:
$
$
$
687
393
1,080
Call Allowance spent to date:
Call Allowance to be spent:
Total Call Allowance
$
$
$
2,215
1,385
3,6OO
Total Travel/Entertainment Expenses: $ 19,719
Office/Equipment Supplies: The following amounts have been budgeted
for the remainder of the 2003-2004 Budget Year,
Office Expense spent to date:
Office Expense to be spent:
Total Office Expense
$ 714
$ 786
$ 1,500
Office Supplies spent to date:
Office Supplies to be spent:
Total Office Supplies:
$ 6,423
$ 2,577
$ 9,000
Office Equipment spent to date:
Office Equipment to be spent:
Total Office Equipment
1,568
5,932
7.500
Total Office/Equipment Supplies:
$ 18,000
Advertising & Public Notices: The CRA has budgeted $3,365.50 for
advertisement and placement public notices, which are not project related.
Advertising & Public spent to date: $ 635
Advertising & Public to be spent: $ 1,365
Total Advertising & Public Notices:
$ 2:000
Licenses, Membership & Subscription, Books & Publication: The
CRA can incur expenses for licenses, fees, or permits which are not
project related. The CRA also uses several publications in general every
day operations, for grant sources, business incubator ideas, and trends for
redevelopment within CRA Areas.
Licenses, Fees, Permits spent to date:
Licenses, Fees, Permits to be spent:
Total Licenses, Fees, Permits
$ 275
$ 975
$ 1,250
Memberships spent to date:
Memberships to be spent;
Total Memberships:
2,010
1,842
3,852
Books & Publications spent to date:
Books & Publications to be spent:
Total Books & Publications:
$ 333
$ 167
$ 500
Total Licenses, Membership & Subscription
Books & Publication: $
5,602
Career Development: The CRA has proposed to spend $1,000 on career
development of the CRA Staff, which benefits the CRA and the general
public.
Career Development spent to date: $ 1,357
Career Development to be spent: $ 2,643
Total Career Development:
$ 4,000
Office Printing Expense: The CRA produces projects books broken
down into North and South Federal Highway, Boynton Beach BIvd, Head
of Boynton and the Central Business District.
Office Printing spent to date:
Office Printing to be spent:
Total Office Printing
$ 275
$ 975
$ 4,500
Newsletter spent to date:
Newsletter to be spent:
Total Newsletter:
$ 0
$ o
$ o
Printing Annual Reports spent to date:
Printing Annual Reports to be spent:
Total Printing Annual Reports:
$ 980
$ 16,520
$ 17,500
Total Office Printing Expense:
$ 22,000
Debt Service: The CRA has a loan with Bank of America and will have a
loan payment due in September, which is budgeted in the 2003-20004
Budget Year.
Debt Service spent to date:
Debt Service to be spent:
$ 150,878
$ 166.420
Total Debt Service:
$ 317,298
TOTAL EXPENSES:
$1,129,598
PROGRAMS
Web Site Development:
Web Site spent to date:
Web Site to be spent:
Total Web Site:
Police:
Police spent to date:
Police to be spent:
Total Police:
$ 9,950
$. 10,.050
$ 20,000
$ 0
$ 250_.00O
$ 250,000
Festivals &Events: The CRA is also proposing a business program to
help local business compete in the emerging CRA market with in the
2003-2004 year.
Festivals &Events spent to date:
Festivals &Events to be date:
$ 23,144
$ 6.856
Total Festivals &Events:
$ 30,000
Total Business Development:
Business Development spent to date:
Business Development to be spent:
Total Business Development:
Holiday & Events Street Decor:
Holiday & Events Decor spent to date:
Holiday & Events Decor to be spent:
Total Holiday & Events Street Decor:
$ 0
$ 15:000
$ 15,000
$ 0
$ 5..000
$ 5,000
Fagade Grants: This
programs dollar for dollar up to $15,000.
Fa(~ade Grants spent to date:
Facade Grants to be spent:
Total Fagade Grants:
Fagade Grants Roll Over 2004/2005
Economic Development Grants: This
program was established as a
$ 18,253
$ 16,747
$ 35,000
$ 75,000
program was
matching grant
$100,000
$ 355,000
established as a
matching grant programs dollar for dollar up to $50,000.
Economic Development Grants to date: $ 0
Economic Development to be spent: $ 0
Total Economic Development Grants: $ 0
Economic Development Grants Roll
Over 2004/2005
TOTAL PROGRAMS
PROJECTS
BBB/ RiverwalidPromenade Projects: Construction has begun on the
Boynton Beach Extension/Riverwalk/and Promenade Design/Build
Project.
BBB Bird to date:
BBB BIvd to be spent:
Total BBB Blvd $2,387,815
$ 669,767
$1,718.048
Total
Promenade to date:
Promenade to be spent:
Promenade:
$ 0
$ 113.797
$ 113,797
Total
Rivervvalk spent to date:
Riverwalk to be spent:
Riverwalk
$ 0
$ 113.797
$ 113,797
HOB Land Acquisition:
HOB Land Acquisition spent to date:
Riverwalk to be spent:
Total HOB Land Acquisition:
7,058
342,942
$ 350:000
Way-Finding Signage: The CRA is completing Phase 2 and Phase 3 of
the Way-Finding Signage Program.
Way-Finding Signage spent to date: $ 43,515
Way-Finding Signage to be spent: $ 16,936
Total Way-Finding Signage:
$ 60:451
Miscellaneous: The CRA has contracted with Reelization, Inc for Mass
Modeling services.
Miscellaneous spent to date:
Miscellaneous to be spent:
$ 0
$ 30,000
Total Miscellaneous:
30.000
Savage Creatures Complex: The CRA has contracted with the
Leisure Group for an outside Feasibility Study.
Savage Creatures Complex spent to date: $ 10,162
Savage Creatures Complex: to be spent: $ 44,838
Total Savage Creatures Complex:
$ 55;000
Baker
TOTAL PROGRAMS
$3,110,860
Memo
To:
From:
Date:
Re:
CRA Board
Susan Vielhauer
August 24, 2004
Consideration of Payment of Fa(;ade Grant for Salefish Realty
Salefish Realty, which is currently located at 352 Ocean Avenue, will be relocating to
their newly purchased building at 915 South Federal Highway. On August 24, 2004,
they submitted a Fa~:ade Grant Application in amount of $18,453.55 of which the CRA
will reimburse a total of $9,226.77.
Salefish Realty is proposing to paint the building, repave the parking lot, install a new
white shadowbox fence, replace the sign and install three awnings on the front and side
of the building.
They received three bids for the painting of the outside of the building ranging from
$2,900 to $4,650 and have selected Cornelius Painting, Inc. with a bid of $2,900. Staff
has included in your package a paint card showing the color scheme.
They received three bids for the repaving of the parking lot ranging from $4,059 to
$5,315 and have selected M & M Asphalt pavement Maintenance Corporation.
They received three bids for their sign ranging from $1,070 to $2,987 and have chosen
Signature Signs with a bid of $1,070. Staff has included a picture of the existing sign
and the new insert for the sign.
5843
They received three bids for the fabrication and installation of three spear style window
awnings for the front and side of the building. The bids ranged from $1,685 to $2,615
and they have selected Delray Awning Co. Staff has included a swatch of the awning
material with the correct colors has been included in your package.
They received three bids for the white shadow box fence ranging from $6,552 to $8,771
and have selected American Wood Fence. They have supplied a picture of the fence,
which is included in your package.
Staff is recommending the approval of the request for payment of $9,226.77 for the
Salefish Realty Fagade Grant. The Budget line item Fagade Grants has funds to pay the
grant request.
5844
BEACH
Facade Grant Request for
Salefish Realty Inc.
August 28, 2004
Staff: Susan Vielhauer
5845
2002~2003
FA(;::ADE IMPROVEMENTS GRANT PROGRAM
PROGRAM AGREEMENT
Boynton Beach Community Redevelopment Agency
PROGRAM REGULATIONS
The Applicant agrees not to alter, renovate, or demolish the new fagade
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 fagade
improvement project within six (6) months of the grant award unless the
project is approved as a phased project in which case the project must be
completed within six (6) months of the commencement of the final phase.
Failure to complete the fagade 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 provid, e reimbursement to the grantee upon
submittal of a complete Reimbarsement Request and approval of
completion by the CRA Board.
Boynton Beach Community Redevelopment Agency
Fagade Grant Program Agreement
Page 1 of 2
Revised 12/10/02
5846
Reimbursement Request shall be summarized in a report and
accompanied by proper documentation. Proper documentation will consist
of (1) Project 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.
Grant funds will be reimbursed exclusively for eligible work and approved
change-orders that have been approved by the CRA.
Grantees shall grant the CRA and/or the City of Boynt°n Beach the rights
and use of photos and project application materials.
Witness ///' (Date) Property Owner
(Date)
(Date) Tenant/Business Owner (Date)
· ' CRA Director (Date)
Boynton Beach Community Redevelopment Agency
Fagade Grant Program Agreement
Page 2 of 2
Revised 12/10/02
5847
2002/2003
FACADE IMPROVEMENTS GRANT PROGRAM
APPLICATION FORM
Boynton Beach Community Redevelopment Agency
Maximum Grant Amount is $15,000.00
(Please Print Or Type Only - Use Additional Sheets If Necessary)
APPLICANT INFORMATION
Name of Property
Owner:
Address of Property
Owner:
City/State:
Phone # Day:
Zip Code: :~ q~,3
Evening: ~C.1- ~L,.S - ot~ I
Legal owners and legal description of the property to be improved (please attach copy
of warranty deed and lease, if applicable):
~tk ~-~' ~ ~t ff ~ - ~-q~- z~- zq-o~~ - o~o ~
If Different from
Prope~y Owner
Name of Business:
Address of Business:
City/State: ~'-'~-._,:,.,r,~co,r,, ~_..~cL ~L. Zip Code: 33~.~S
Phone#Day: _~,L~-~%~-. Lob~ "5 Evening: .C,_L~ - L.b%- o~'~l
Type of Business:
Years of Operation:
Boynton Beach Community Redevelopment Agency
Fagade Grant Program Application
Page 1 of 6
Revised 12/10/02
5848
Number of Employees:
Annual Payroll:
Number of Employees residing in Boynton Beach:
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 Fagade 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.
Boynton Beach Community Redevelopment Agency
Far.,ade Grant Program
Page 2 of 6
Revised 12/10/02
5849
Maximum Grant amounts: The CRA will provide, on a reimbursement
basis, a dollar for dollar matching grant for eligible fa(~ade improvements
up to a total of fifteen thousand dollars ($15,000.00) of CRA funds.
The Facade Grant program will honor expenditures completed up to 90
days prior to application, improvements underway and proposed
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).
Boynton Beach Community Redevelopment Agency
Fac.,ade Grant Program
Page 3 of 6
Revised 12/10/02
5850
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 Fagade 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.
Boynton Beach Community Redevelopment Agency
Fagade Grant Program
Page 4 of 6
Revised 12/10/02
5851
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, ~q.
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.
(Date) prOperty Owner
(Property owner's signature must be notarized)
~(/Vitness~ (Datei Tenant/Business Owner
(Date)
(Date)
CRA Director
Boynton Beach Community Redevelopment Agency
Faq. ade Grant Program
Page 5 of 6
Revised 12/10/02
5852
(Date)
STATE OF FLORIDA, COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements,
personally appeared /~/"/,..~//~/") ~_~)r')-~/' , who is personally known to me or
produced "~r".Sor¥..~ iL./ /'~',"')Ol, t.~ ~ 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 J~) ~ dayof ~,/--Lq/.,(-~7/''' ,200__.~.
My Commission Expires: 2..// ~ '7/c':':~ 0(-~ "-~'
Boynton Beach Community Redevelopment Agency
Fagade Grant Program
Page 6 of 6
Revised 12/10/02
5853
BEACH
WARRANTY DEED
AND
LEGAL
DESCRIPTION
5854
07/13/2004 15:17 §B173B7911 SALEFISH REALTY PAGE 02
preps'ed by and return to:
Vineent J. Piazza
President
Vincent.l. P~ml, P.A.
2d99 Oladas Road, Suit~ 112
Boca Ratoo, FL, 33431
561-7fl0=7999
~'Jle Number: YJP-O~9
Will ~all No,: 13VP
.[,qpaee Ahn~,~ Thj~ l.,il~ ~ gC~.trdJ~g D~tnl
Warranty Deed
This Warranty De~d made this ?th day of' Aagu.~ 2003 hetween IRENI~ BOWER3, a Mu~ woman ~e po~
o~ ~ is I N.W. 24th St~t, Delray ~h, FL ~. ~r, a~ SAIU~SH R~A~, INC., a g~da
~ration who~ ~ o~ce add,ss ~ ~2 East Cern Aveu~, ~ ~aeh, FL 33~fl, ~t~:
(Wheaever ~ hr. mln t~ terms 'grmmf~ and 'grantee" include nil '~he partic~ ia this tn~mrncnt attd the Ileir~ legal r~pl~m~tellvcs, and ..tsslgn! o1'
Individuals, and th~ auco~s,~'wa nad Bsl~ o£ao~x-,rmlom, tram am~ mtltecl)
NViUle&meth, that s~id 8ranter, for and in consider~io~ of' the sum of' TEN AND Nell00 DOLLARS ($10.00) and other'
good and valuable cons{deretiaes to said 8ranter in hand paid by said grantee, the receipt whereof is hereby acknowledged.
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the ~ollowlng describ~ land,
s{tunte, lylng and being in Palm Bench County, Florida To-wit:
Lot 20, LESS the Easterly 35 feet thereof, PARKER ESTATE, according to the Plat thereof ns
recorded in Plat Book I 0, Pa~e 37 of the Public Records of Palm l?,eaeh County, Florida.
Pared Identification Number: 08,-43=45-28-2~i4)00-0200 . ..
Together with all the tenements, hereditamems and appurtenances theret~ belon~in8 or in an)wise eppert-Jning.
To Have and to Hold, the same in fee simple forever.
~.od the g~ntor hereby covenants with said grantee that the ~rentot is law~ully seized of' said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land: that the grantor h~eby f~lly warrants the title to asid
}and and will defend ~a same against the Jaw~l claims of all persons whomsoever, and that said Imtd is Free oF el!
encumbrances, except taxe~ accruing subsequent tO December 31.2002.
In Witness ~9~r f. grantor has hereunto se~ gramor's hand and seal the day and ~ fi~t above wren.
State of Florida
Count, of Palm Beach
The foregoi~ instrument was acknowledged before me this 7th day of August,.,,~by~NE BOWERS, who [_] is
personally known or [X] has p~xluced a driver's license u identification. ~.~'- .
My Cor~
5855
Double~mee
BEACH
PROJECT
WORK
WRITE UP
585'7
08/30/2004 16:22 5617387911 SALEFISH REALTY PAGE 02
August 13, 2004
In anticipation of the Amhes project and based on our notice to vacate our
current building located at :532 East Ocean Avenue, Boynton Beach, the
need for action to refurbish the property we have purchased is immediate.
We would like to commence work immediately. Ail work is to be completed
within 60 days.
Our goal is to bring the sub-standard building we have purchased at 915
South Federal Highway up to the standard of a newly redeveloped Boynton
Beach. In order to do this we are requesting the maximum grant allowable
in the amount of $9226.77
We are attaching estimates for painting of the exterior (with samples of paint
colors), new awnings (with samples also attached), paving of the driveway
and parking lot, new landscaping, and fencing around the right side and the
rear of the building.
Kristen D. Conti
Brokor-Owner
Salefish Realty Inc.
5858
~Your Hometown Realtz~rs"- Located in the Heart o[ Historic Downtown Boynton Beach
532 East Ocean Avenue · Boynton Beach, FL 33435 * Bus, (561) 73~-~613 · Fax: (~61) 73&-7911 · wv,~v.$aIefishrealty.¢om
BEACH
PLANS
AND / OR
SKETCHES
5859
'BEACH
THREE
WRITTEN
ESTIMATES
$860
ropo n(
._ page~
Proposal Submitted To:._~.,,~.~S.~ ,~._,,,~...T~.
Phone #
Job Name ,.~.~.~.,~,,/_// Job
We hereby submit specifications and estimates for: .._~'~,,'Z>~~.___~7'-~/~;~.'~___~'Z:)'~/.~',-~ .~ ......................
2~__._1~'~' .~_ .,..:..:_._~- ~o~/~,,_ ~~. ~ _.~~ ~~ ....................
................................................................ ~. ~'~~ ~ ~ ~ ~/~-~ ~ ~~~._~ ....
............................................................ ~ ~_~_~~ ....................................................................................................................................
................... _~ ___ ~~m~ ~m~__~_~..__.~~~' ~~_, ........................................
................... ~ ....... ~~__~~ ~._ ~ ~_~____~ ~~ ~ ~~ _~~._~ ~~ .
................... ~ ....... ~~.._~ ..._..~~_._.~_~_. ~~__ ~.~~_.~~ .................................
............= ~ -~_~__.._...~~.~_.,_~.._.__~~~_.._~~__~:~ ~ ....... ~~._~~ .............
~ .................. ~__._~~_~__.~_~:~ --~~._::_ ~~.___.~..._~~~_~_~:~ ..............
,. ....... ...... .......... ............ ............................................................
I1~
I~~ ..~ ,.. . . ~: . .~_o~.........~~.. .._.~..........~..~~~~._. . ~~~ ....~:...~~
._~~ ~ . ~~_ ~_ ~_ ~~~~ ~?_~~m..~ ...........................
We propose hereby to furnish material and labor--complete in accordance with the above specifications for tho sum~;*~7~ ~
$ Dollars
with payments to be made as follows:
Any alteration or deviation from above specifications involving extra costs will be
executed only upon written order, and will become an extra charge over and
above the estimate. All agreements contingent upon strikes, accidents, or delays
beyond our control.
Respectfully ~ /// /~__. ~.__ ~
s u b mitted/~-'~,~---~ _
Note ~-. this proposal may be withdrawn by us if not accepted within __'~'~____~
days.
above prices,, specifications and conditions are satisfactory and are
reby accepted. You are authorized to do the work as specified.
Payments wJJ~ be made as outlined above.
.te of Acceptance
,~n at u re
5861
Signature
~ NC3819 MADEIN USA - -
A Division of Gustafson Industries, Inc.
www. gustafsonindustries.com
P.O. DRAWER 8
BOYNTON BEACH, FL 33425
State License CGC019240
BOCA RATON & BROWARD COUNTY
(954) 421-5733
Job Name:
PALM BEACH COUNTY JUPITER & TEQUESTA FAX
(561) 732-0656 (561) 747-8022 (561) 732-0786
PAINT PROPOSAL
= ExteriorlP~ting: 9i'5~s, Feder~l::n~ :.::: :,,:= i= : :: ./
Customer: I Saiffish Realty
Contact: ILisa Zielinski
Address: 1532 E. Ocean Avenue
[Boynton Beach, FL 33435
Phone: (561) 738-6613
Fax: (561) 738-7911
Date:] 8~5~04
Scope of Work:
Exclusions:
I EXTERIOR PAINTING
The work described in this proposal is for painting the exterior of the building and includes only the
surfaces and areas listed.
Pressure clean all stucco, brick, and wood surfaces of the building to remove as much dirt,
mildew, and insect debris as possible.
Apply one coat of Acrylic Sealer to all stucco and brick surfaces.
Caulk all cracks in the stucco 1/16 inch or wider.
Caulk all window and door perimeters.
Apply two coats of Acrylic Paint to all stucco and brick surfaces.
Pressure clean, apply one coat of Acrylic Primer, and two coats of Acrylic Paint to the soffits
and ceilings of the building.
Clean, prime, and apply two coats of Acrylic Satin Paint to the fascia board in the new color.
Clean, sand, spot-prime, and apply two coats of Gloss Enamel to the solid entry doors.
1. Only the areas and surfaces listed will be painted.
2. Wood repair will be done upon request at $65.00 per man per hour.
[ CON aACT.vIUC ,:I $
3,100.00
Colors: I* Colors must be chosen prior to scheduling the work.
I* Changes from the original approved colors will have an additional up-charge.
J* Colors that do not cover well in one coat due to color change will have an additional charge for applying a second finish coat.
Payment: [* 30% Deposit due upon acceptance of the contract. Remainder due last day of work.
//Greg O-all, Gustaf'son Painting
g:~.word~greg~2004 Paint~004 E~Sailfish Realty
page 1 of 2
5862
Date:
8/5/04
700 South L,,ke Drive.
Lantana. FL 33462
Phone 561-582-8885
Fax 561-582-5525
Name t Address
Salefish Reab~' Jn.~'.
532 East Ocean Ave
go,~ nton Be~ct~. FL 3343~ ..
Phone 561--38-e013
Estimate
Date Estimate #
3 2004 33uD
item
Pre-,t,'t e Clean
Apply Sealer
Repau' Cracks
Exterior WaN-
Extedor Trun
Terms Rep
50 ~ o (1o~ n DT
Qty Description
I C'hemic,di', treut ~:~ea v. itt~ finimcide
I ' Pre,-,sur¢ clem~ ~'7 4000psi
I . Apply Loxon cvndit<,nei tuued
I Remove tb~g cuu~ :eplace with C950A
I Repafi' a~ cracks betb~e
,.
1
Pie. pure ,lilt7] coat .?.XI¢l-.Ol 'A aH':, ~ Two cok,r~,) 2 coat,,
Pt ~pai'~: ,~b.l cc,:,~ exterior h'mL
Rate Amount
100.00
250.00
-50 00
100.00
350 00
2.10(I.00:
1.000.00
S~gnature ~/
5863
5864
PROPOSAL
ASP,~;AL~- MAINTENANCE, INC.
Office: 1600 N.W. 3rd Street/Mail: P.O. Box 6577, Delray Beach, Florida 33484-6577
-~nsed & Insured Broward: (954) 462-6900 / Palm Beach: (561) 832-0832 / Deerf'~ld Beach (954) 426-4466 / Boca/Deiray (561) 738-0344
8/5/2004
PROPOSAL SUBMITTED TO:
Salefish Realty
532 E. Ocean Avenue
Boynton Beach, FI. 33435
A-I-FENTION: Lisa Zielinski
WORK TO BE PERFORMED AT:
The Source-musical services
915 S. Federal Highway
Boynton Beach, FI.
FAX#
(561) 738-6613
(561) 738-7911
ASPHALT OVERLAY-
Asphalt overlay will be performed in accordance with American Asphalt Institute Specifications,
as follows:
Stack the car stops prior to installation of 1" average asphalt overlay.
Pick out and remove loose or damaged asphalt as marked on site.
Broom existing asphalt surface.
Install asphalt in Iow areas prior to overlay.
Prime existing asphalt surface with primer tack.
Instal~ 1" average type S-3 hot asphalt overlay.
Roll and compact using a 3 ton roller.
Cross roll overlay with a pneumatic tire roller.
- PAGE ONE -
CONDITIONS
All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner according to slandard practices. Any alteration or devia~on from above
specifica§ons involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. ,NI agreements con6 ngent
upon stdkes, accidents or delays beyond out control. Owner to can-y fire, tornado and other necessa~ insurance upon above work. Our workers are covered by
Workmen's CompensalJon Insurance.
*A Certificate of [nsurence witt be issued ul~on request prior te commencement of work.
WE PROPOSE to furnish labor and material - complete in accordance with above specifications, and subject to conditions
stated herein, for the sum of:
Payment to be made as follows:
*Not responsible for any underground utilities.
ACCEPTED: The above pdces, specifications and conditions are satisfactory and
are hereby accepted. You are authorized to do the work as specified. Payment will
be made as ou~ ined above.
"OF ACCEPTANCE
NAME
SIGNATURE
TITLE -
5865
RESPECTFULLY SUB MI'FI'ED
PRECISE ASPHALT MAINTENANCE, INC.
PAUL ARMSTRONG
PROPOSAL
ASP~-{.ALT MAINTENANCE. INC.
Office: 1600 N.W. 3rd Street/Mail: P.O. Box 6577, Deiray Beach, Florida 33484-6577
Licensed & Insured Broward: (954) 462-6900 / Palm Beach: (561) 832-0832 / Deerfield Beach (954) 426-4466 / Boca/Delray (561) 738-0344
8/5/2004
PROPOSAL SUBMITTED TO:
Salefish Realty
532 E. Ocean Avenue
Boynton Beach, FI. 33435
A-I-I-ENTZON: Usa Zielinski
WORK TO BE PERFORMED AT:
The Source-musical services
915 S. Federal Highway
Boynton Beach, FI.
FAX#
(561) 738-6613
(561) 738-7911
Striping will be done in either yellow or white Latex traffic paint D.O.T
approved. The following work to be performed: parking space lines, paint car stops.
Reset the car stops. Any broken car stops will be replaced at an extra cost.
-ADD $154.00 to this quote to supply and install seven new concrete car stops-
CIRCLE ......... Yes...or...No.
-The asphalt overlay is based on one move.
-We recommend that the customer use a herbicide to kill the grass growing through the existing
pavement prior to the overlay- We will not be responsible for grass growing through the new asphalt
surface.
-We will not be responsible for the removal or elimination of any standing water.
-Costs related to permitting are not included in this quote and will be extra. Any requirements by the
governing municipality beyond this written scope of work will also be extra.
- PAGE TWO -
CONDITIONS
All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard practices. Any alteration or deviaf~on from above
specifica'~ons involving extra cosls, will be executed o~ly upon written orders, and will become an extra charge over and above the estimate. All agreements contingent
upon stdkes, accidenfs or delays beyond our control Owner to carry fire, tornado and other necessary insurance upon above work. Our workers are covered by
Workmen's Combensaf~on Insurance.
* A Certifice~e of Insurance will be issued upon request prior to commencement of work.
WE PROPOSE to furnish labor and material - complete in accordance with above specifications, and subject to conditions
stated herein, for the sum o~~ ---
· ,,w T,O,SA, ,O,T 00
Payment to be made as fo~t~y.~s'
NET ON COMPLETIOJXL~
*Not responsible for any underground utilities.
ACCEPTED: The above pdces, specitications and conditions are satisfactory and
are hereby accepted. You are authorized to do the work as specified. Payment will
be made as ou§ined above.
DATE OF ACCEPTANCE
NAM E
SIGNATURE
RESPECTFULLY SUB MI'FFED
PRECISE ASPHALT MAINTENANCE, INC.
5866
PAUL ARMSTRONG
TITLE
CARR DRIVEWAYS, INC.
612 Industrial Avenue
BOYNTON BEACH, FLORIDA 33426
(561) 734-3717 (Leave Message)
(561) 734-1916 (Fax)
Page No. of Pages
PROPOSAL SUBMI'I-i'ED TO PHONE [ DATE
SAILFISH REALTY 730-6613 I 7-23-04
STREET JOB NAME
532 E. OCEAN AVENUE SAME
HWY
CITY, STATE AND ZIP CODE
BOYNTON BEACH,FL. 33435
ARCHITECT I DATE OF PLANS
ATTN: LISA
JOB LOCATION
915' S. FEDERAL
FAX: 738-7911
JOB PHONE
We hereby submit specifications and estimates for:
RESURFACE EXISTING ASPHALT DRIVEWAY,PARKING AREAS
FRONT AND BACK $3,980.00
SPECIFICATIONS:
BRUSHING OFF AND REMOVAL OF SAND AND' DEBRIS
TACK COAT OF ASPHALTIC OIL
SURFACE WITH 15" HOT PLANT MIX ASPHALT COMPACTED BY
3-5 TON STEEL ROLLER TO GIVE A NEW 1" ASPHALT SURFACE
NOTE:
CAR STOPS MAY BREAK UPON REMOVAL
NEW STOPS $25.00 EACH
PLEASE SUPPLY PLOT PLAN OR SURVEY TO
OBTAIN CITY PERMIT
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.
~e ~ropose
THREE THOUSAND NINE HUNDRED
Payment to be made as follows:
IN FULL UPON COMPLETION
All material is guaranteed to be as specified. All work to be completed in a workmanlike
hereby to furnish material and labor- complete in accordance with above specifica,+-ion-~-;-for---t.h_.e sum of:
EIGHTY-PERMIT $79.60 dollar/~ 4,059.60 ) ).
Note: This p~os~ Ay be-
manner according to standard practices. Any alteration or deviation from above specifica-
tions involving extra costs will be executed only upon wri~en 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.
withdrawn by us if not done within
THIRTY (30)
days.
IAcceptance Iroposa[ --The above pr,ces, specification~586'7
and conditions are satisfactory and are hereby accepted. You are authorized Signature
to do the work as specified. Payment will be made as outlined above.
Date of Acceptance: _ Sisnature
08/09/2004 17:01 FAX $615826550 SALEFIS~t-REALTY
~i~natur'e 73~313
_ IQrlIITIJI I SI (]I iIDtlIC$.
Estimate #734
Prepared for:
Saleflsh Realty
Lisa
Fax.' 561-682~6550
Phone:561-301-7618
08~09~2004
Prepared by:
Signature Signs & Graphi;s
Salesperson: Oreg Miller
332 W. Boyaton Beach Blvd.
Suite 6
Boynton Beach, Florida
33435
Phone: 561.736.3712
Fax:561,736.5313
Description:
Acrylic Sign
Delivery;
Produ~on time for the following item(s) will be approximately 5 days.
Quantity Description Each Amount Tax
Remove Acrylic faces and reletter wi new logo $650.00 $650.o0 $39.00
installation $110_DO $110.00 $8,60
Permtt fee $250.00 $250,00 $15.o0
TOTALS Subtotal: $1,010,00
Terms:
Sales Tax: $6C).___60
Total:
SIGNED: DATE: AMT. PAID TODAY:,
5868
08/12/2004 13:26 5519661527
Sign & Graphic Solutbn$ Mode Simple~
FASTSIGN$
2601-5 S. Military Trail
West Palm Beach, FL 33415
ph. 561-439-4700
fax. 561-966-1527
-- FASTSIGNS
Estimate
Estimate:
PAGE
Page:
89- 7060
Pdnted:
8/12104 t :19:
Customer: SALEFISH REALTY ph: (561) 738-6613
Contact: KRISTIN CONTI Customer: 3820 fax: (561) 738-7911
Description: REFACE EXI6TING PYLON SIGN
Sales Person: Ken Baxter
Clerk: Ken Baxter
Deer KRISTIN:
Thank you for considering Fastsigns W.P.B. tot your sign needs. The quotation we discussed is affached below. If you
have any questions, please don't hesistate to call me at 561-439-4700.
Sincerely
Ken Baxter
I Color T Qty L $id, i Size ~ Unit Cost I Install I Item Total
2 MEDIUM BLUE on 2 1 48x96 280.000 150.O0 710.,
Description: Logo or Symbol Applied to a Sign (16 to 30 Shapes)
Text: STRIP AND RELE~rER EXISTING PYLON SIGN 2 SIDES WITH TWO'COLOP, S VINYL FOR SAILFISH
LOGO AND LETTERING
White 1 1 xl 400.000 0.00 400.C
Description:
Taxt:
APPLY FOR FACE CHANGE SIGN PEI:~IIT
USA SIGNS FOR PERMIT
Notes;
5869
Line Item Total; $1,t 10.00
Subtotal: $4,110.00
Taxe~:
Total: (/~ $1,157.$0
Deposit Required · $'l ,167,60
SALEFISH REALTY
§32 EAST OCEAN AVE.
Ru~ 13 04 Ol:lSp
Cusllom Electric Signs
Manufacturing
Installation & Service
8355 Garden Road
West Palm Beach, FL 33404
TEL: 561-863-3660
FAX: 561-863-3661
E-maih sbeclf4~sign-craft, com
Web Site: .w~rw.slfln-~reft~cqm
August 13, 2004
Salefish Realty
532 East Ocean Ave
Boynton Beach, FL 33435
Re: 4'x8' Sign Faces
Attn: Lisa Zielinski
Please find below our price to manufacture and install two 4'x8' acrylic faces for your existing py,..
sign with new 4 color logo.
Manufacture $1,659.00
Installation $ 979.00
Sales Tax $ 99.54
Permit Procurement $ 250.00
Engineering $ 100.00
Total ,.'~ $2,987.54
If you need any additional infonT~ation please feel free to contact me.
Sincerely,
//S~and~
President
5~7(J
12:46
5612781584
DELRAY AWNING
PAGE
02
AUG--13--2004 10:13 AM JEANNE TIGHE
561 493 2704
J DIMar'zo Construction Corp.
AWNING DESIGNS
PmposiJ Submitted To:
Sailfish Reslty
Au~st 1:~, 2004
Contact'
Two (2) Leall to style awnings in front of bui]dtng over windows with
open sides md spears to be uset v~ b~xrns to attaeh to imtldtn$
approximately 7' W x it'6" projection by ]1 '6" H
One ( 1)Lean to ay/lc awnings on ~tde of buildtn~ ova- window with
open sides Ired sl~r~ to be used as backarms to attach to buildin~
approxinm~ly 7'.W x 3' projection by 1 '6' H
We proposo to fabricate and install the above for ........................... ~...., $I,6S5.00
oAbov~ proposal includes engineering, permit pmoessin~ and iL'es
oAwnin$s to be lmtlt in compliance with So. Florida Buildlag Codes
,,Fram~ to be fl~briosted of Schedule ~0 lpdvanized steel or equivalent
,Fmmee to bo painted COlor of o~,'rmr's s~lectlon
· Covers to bm Stutl~el¼ Fimsist solid or
$$72
Plmue issue all co~s~s and checka to I. Di ~ Construetlofl Co.
THE ABOVE PB,OPO~AL I~ ACCEIvI'ED IN IT'S ENTIRETY .AND YOU AI~ ~UTHOB]~D TO
DO TNE WORK Ag gP~t~lm~,D-ant~V~ '
5874
zoo/~oo~
WRITE UP
PERMIT NEE~.DED:
WHERE' .
BULLDOG FENCE PROPOSAL
555 V~, OCEAN AvE. / BOYNTON I3E~CH, FL 33426
(561} ~37-0824 W.P.B, / (561) 278-0824 BOC^ / DEL~J~Y
FAX# (561) 75{7-0970
INTER-OFFICE USE
SURV,~' RB:~VED ~
D~TE
CHAIN [.INK ~)
HEIGHT'. FOOTAGE:;
BARBS: ~] UP O DOWN ~;~AUGE WIRE
# O~ TERMINAL P~T$
Wooo ~ S~L~'.
~E~GHT; ~ TOTAL F~TAGE:
GATES;
SIZES:
FENCE (TOPLJNE): ~
SELF-CLOSING [~J REOU~R m-)
EAS~VI~TS O YES ~ NO
DATE PERMIT APPuEO:__
PER~4Fr P.R.#
'~T/~,~ ~aA~~:~ ~W OF a~. Fia~ U,~L ~ ~b~6 ~ ~:~ bU~ ~N'¢Oa~T~. T,~K ~u:'. .
'- "5875' ' ' ' ..... .- . "': ' ......
~O0~/9T/~
PAGE
:2~1~ 2ND AVE. NO.
CYL - BV$ - GVS - 9G. - 11 '/, G. - MT, ~ .. FT,
TOP RAIL LINE POST ~ TERM , _ .....
WOOD- S-Box ~nB HT FT.../9.~' !
ALUM - M~CH. - W~D~D -COLOR
Ranch - F~il$ ..-.-- C~ver Boar~ __ i W~ 4x4 2x4
Dnve 6ales
Labor, Permit
Cost of Materla{
Tax
Tmal
ACCEPTED
SuD : ,. Lot Block
~ - I~aer ~ R~s~ tot un~r~ ~es or h~s.
m IUII
PURCH~BR;
By:
Print:
· . _
BEACH
COLOR
PHOTOGRAPHS
5877
(561)
Picture of Existing Sign
New Insert within the exiting sign frame
Left View Of'Building and Parking Area
5878
Front View of Building
Back View and Right Side of Building
5879
Back View of Building
588O
BEACH
TIME LINE
Their time line is 60 days for the start of
their project
5881
BEACH
ABILITY TO PAY
5882
Bank of America
Bank of A,nerica N,A.
P.O. Box 25118 ' '~'
Taml)a, I"L 33622-5118
I.~00.432.1000
WWW.t)llll k()i'alitl:l'iC a.COllt
Page 1 o£ :{
^ccounL Nunlber: .
~ P 0C Enclosures 4G
~LaLmnenC Period
07/01/04 Lhrollgh 07/31/04
{H
5,"
o021!1
00005091 4 AT 0,926 12 3190q 001 5CH999 I123q
SALEFISH REALTY INC
OPERATING ACCOUNT
532 E OCEAN AVE
BOYNTON BEACH FL 33455-4924
()iii' [rim (hllinv l{,,ukillg sl,r,,.i('v ~dh~v,'s yon lo (:hm.'k accounl, bahulces,
t.l'illh'q[('l* ['tlli(J.% pay hills iilid fill. lt't' [';urcdl ,il w,,vw.~iallkOrallliH.ica.¢,(llll.
Your Bank of America Business Advantage Summary
Account Account Qualifying Type of
Name Number Balance* Balance Date Total
Deposit Accounts
Business Advantage Checking
Business Economy Checking
? I Deposit Account Balance
57,242.14 Average 07-29
· 11,817.19 Average* * 0%29
$99,059.33
i
Thank you tbr banking with us. With the balances in your account, there is no monthly maintenance the tbr youl'
Business Advantase account this month.
Business Advantage:Checking :. ". ' ' ' '
Account Summary Information
Statement Period 07/01/04 through 07/31/04
Number of Deposits/Credits 5
Number of Withdrawals/Debits 46
Number of Deposited zte~ns
Number of Enclosures 46
Number of Days in Cycle 31
Sta..toment Beginning Balance
Amount of Deposits/Credits
Amount of Withdrawals/Debits
Statement Ending Bahmce
Average Ledger Balance
Service Charge
72,176.51
29,009.00
5? 5.q~..qo_.
48,588.59
56,202.10
0.00
5883
SAI,EI,'ISII I(EAI,TY INC
(H'RI(A'I'IN(~ ACCOUNT
H
Deposits and Credits
Date Bank
Reference
Posted
O7/O2
07/07
07/15
07/2;t
07/27
Amount r Description
4,176.00 Deposit
3,(ri5.()0 Deposit
375.00 Deposit
10,918.00 Deposit
10,495.00 Deposit
Checks
Check
Number
813207540766795
813207740381;](;3
813207740862768
813207540964;M2
813207340680936
Withdrawals and Debits
Date
Amount Posted
Bank
Reference
Check
Number
Date
Amount Posted
Re~brenee
2617 157.07
2620 * 836.24
2(;22 * 23.51
2623 291.40
2(;24 772.00
2625 175.00
2626 595.10
2(;27 300.00
2628 211.80
2629 38.()0
2630 ] ,2()7.64
263 ] 1,7:]2.50
2(;:{2 3(i7.50
2633 10,01'1.90
2634 3,328.80
2635 974.81
2636 283.23
2637 375.0O
2638 1,995.00
2640 * 175.00
264L 6,212.87
2(;42 353.27
264:] 80.00
07/01
07/01
07/06
07/07
07/07
07/12
07/O6
07/06
07/07
07/28
07 tO6
()7 ~01
07 q)7
07 ~07
07 ~O(i
07 ~02
07 ~27
07q3
07~12
07 ~20
07 ~16
07 ~15
07 q9
813207240050339
813106540485254
813207240658189
8131066,1088344,t
813105541482108
813106540:)f~,735
81 ;I 106740681890
813207540:)13327
813109330037(;4 ]
813] 06640478584
81.31066400190] o
8131.06640601806
81310664 07050.q3
81310664070508,t
813207540506O:)6
813207.540766588
813106640704277
81310(;6,1098264 2
813106640219162
8131065404083] o
8131066409869.5,t
813106400876917
81310883030683,1
* l't~eediug (.*h~.ek (~,r chm.*ks) in outstanding, is included in summary listing,
26'14 46:).84 07/15
2645 2.369.03 07/15
2646 662.50 07/15
26'17 25.00 07/21
2648 40.00 07/16
2649 ~3_9_q 6.2 ()7/16
2650 133.26 07/23
2651 38.00 07/28
2652 ~ 07/26
2653 595.10 07/27
2654 300.00 07/28
2656 * 14.05 07/23
2657 7,657.00 07/27
2659 '" 25.17 07/2:)
2660 118.00 07/23
2661 72'I.25 07/23
2663 * 836.24 07/2:)
2664 1,787.00 07/29
2665 3,682.00 07/29
2666 250.00 07/29
2667 616.70 07/29
2669 * 100.00 07/29
2670 1,000.00 07/30
8131()664027:Pt73
813207740862765
8131 ()664 ()378377
813106740940969
813106640955377
81320774015666]
81:1106640391_404
8131066404~ '~6
8132075404,
813106740552487
813207~t 0799358
813207540017878
8 ] 3106640704276
81320724067481.3
8132()7,~0964:]51
813207.~I()964341
813106640174216
813103120845157
813207240674814
813106540658245
813207540941322
813207540941198
8132()7f~ 0191133
has lmeu included in a I)revimis statement.
Daily Ledger
Date Balance ' Date Balance
Date
· Balance .
07/01 69,450.70 07/15 52,559.60
07]02 72,651.89 07/16 45,677.10
07/06 67,196.~ 07/19 45,597.10
07/07 58,584.24 07/20 ,15,422.10
07/12 56,414.24 07/21 45,397.10
07/13 56,039.24 07/23 55,325.54
5884
07/26
07/27
07/28
07/29
07/30
55,302.03
57,261.70
56,885.70
49,588.59
48,588.59
ALL AMERICAN DOGEAR 6'H x 6'w
13"~65 6' x 6' ~Jl k~.,i.~n rJc~eat 3C6~2
i~ 72" ~ 4~
87410
6'H X 42"W
J
531
J 87410
~11 ~ne~ ~imensions are nominal sixes
~!72
01~72
5885
Shadow Box Fence
MEMO
TO: CRA Board
FROM:
Douglas Hutchinson
SUBJECT: Consideration of Property Acquisition contracts in HOB Phase I Project
Area.
DATE:
August 28, 2004
The Urban Group is bringing forth the Delivery of Documents for Parcel #129 owned by
Ms. Scott and Parcel #102 owned by Ms. White for consideration of purchase. The
package includes the Appraisal, Review Appraisal, and Contract for Purchase, Copies
of Notices, Recommendation for settlement, and Relocation Cost and Analysis &
Expansion.
The total purchase cost for Denise Scott is $112,700 and the total purchase cost for the
Hazel White lot is $7,000.00. Staff recommends approval of acquisition of both parcels.
5886
NEGOTIATION SUMMARY &
RECOMMENDATION FOR SETTLEMENT
Seller:
Site Address:
Denise Scott
905 N. Seacrest Boulevard
Boynton Beach, Florida 33435
Parcel # 129
Legal Description:
Lot 146, Block D, according to the Plat thereof, as
recorded in Plat Book 4, Page 51, of the Public Records of
Palm Beach County, Florida
Parcel Identification Number: 08-43-45-21-07-004-1460
Property Assessment Value:
Appraised Fair Market Value:
Date of Value:
$40,215.00
$84,000.00
June 15, 2004
Seller's Position:
The Urban Group has negotiated a contract to purchase the subject parcel for $92,200.
plus associated costs incurred by the property owner in the amount of $9,500. (see Exhibit
A) for a total cost to the CRA of $101,700. IVls. Scott had expected to contract the property
for sale closer to $105,000.00. She based her asking price on costs incurred such as a
mortgage prepayment penalty, lost rental income, original closing costs incurred in the
recent purchase and discussions with local Realtors and Investors. She is concerned about
recouping her costs and closing as soon as possible as her tenant moved out in .June 2004.
Zn add/t/on, she has agreed not to rent out the home as/ong as the CPM Board approves
her contract. This saves the Boynton Beach CRA the additional cost of relocating a
residential tenant in the amount of $17,958. (see Exhibit B). Time is of the essence in
approving this contract & associated costs (Exhibit A) as Ns. Scott can no longer carry the
loan payments without a tenant in occupancy.
Ms. Scott stated this property was purchased for investment purposes with the intention of
having a monthly rental income. Moreover, Ms. Scott was unaware of the Heart of Boynton
Project when she purchased the home and claims she would never have purchased this
properb/knowing this information.
Buyer's Position:
The CRA hired an independent State Certified General Real Estate Appraiser, D. Craig
Keneipp to determine the fair market value of the subject property. Based on a date of
value of June 15, 2004, the fair market value of this property is $84,000.00.
5887
Page 1 of 4
The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316
' - TELEPHONE 954-522-6226 · FAX 954-522-6a22
Negotiation Summary & Recommendation for Settlement
Denise Scott - 905 N. Seacrest Boulevard, Boynton Beach, Florida
August 11, 2004
Page 2
This contract is contingent on the CRA Board approving the contract amount ($92,200.)
and the amount of the associated expenses (see Exhibit A) incurred by the property owner.
Additionally, the contract is contingent on a closing within the month of September 2004,
to avoid additional owner incurred costs of two mortgage payments or the future cost of
relocating a Iow income family by the BBCRA (see Exhibit B), at a savings of $17,958.
The language found in the CRA Standard Contract allows the Buyer to complete due
diligence including an environmental assessment. In the event of any adverse findings, the
Buyer has the right to withdraw from the contract without penalty. This clause gives the
buyer the right to cancel the contract by delivering written notice to the seller no later than
5:00 p.m. on the second business day after the investigation period has lapsed.
Potential Cost of Litigation
The CRA's costs and property owner's costs of proceeding through Order of Taking and trial
were obtained from Goren, Cherof, Doody & Ezrol, P.A. and historical information obtained
from the Department of Transportation's Legal Counsel in District IV, Fort Lauderdale, Florida.
They projected the CRA's and owner's combined litigation cost to exceed $37,500.00
($13,500. property owner's costs + $24,000. agency costs). The breakdown of costs is as
follows:
Typical Eminent Domain Litigation Expenses PROPERTY OWNERS CRA'S COSTS
COSTS
Appraisal Costs (update & testimony) $7f500.00 $7t500.00
Court Costs (Depositions, Mediation, Service of Process, $5,000.00
Sheriff Fees, Notice of Action, Court Reporter, Jury
Transportation)
Suit Preparation Fees $5,500.00
Attorney Fees $6t000.00 $6f000.00
Total Potential Costs of Liti~lation $13t500.00 $24,000,00
5888
Page 2 of 4
Negotiation Summary & Recommendation for Settlement
Denise Scott - 905 N. Seacrest Boulevard, Boynton Beach, Florida
August 11, 2004
Page 3
Comments/Recommendations:
The contract purchase price is 9.7% over the appraised value of $84,000. Comparable
sales of similar, three bedroom, one bath, single-family residences located in the subject
area ranged from $99,900.00 to over $127,000.00 (Exhibit C), and it appears that values
have trended upward compared to the comparables used by the appraiser. In the event
the CRA does not accept the counteroffer, it is likely this property will have to be
purchased through litigation and deal with the additional costs of relocating a residential
tenant.
In closing, we recommend the CRA accept the property owner's counteroffer of $92,200.
plus reimbursement of property owner costs in the amount of $9,500. (Exhibit A) for a total
acquisition cost of $101,700. By agreeing to the aforementioned terms, the CRA can avoid
risk-exposure related to a jury verdict above the CRA's appraised value, and additionally,
the owner's attorney, appraisal, contractor, expert witness fees, court costs, and O.T.
preparation costs. The additional costs of relocating a residential tenant can add a potential
cost of $17,958. (Exhibit B).
Respectfully Submitted:
Barbara Matlack
Senior Realty Specialist
Date
The Urban Group, Inc, Review
Barry Lazarus Date
Project Manager
5889
Page 3 of 4
Negotiation Summary & Recommendation for Settlement
Denise Scott- 905 N. Seacrest Boulevard, Boynton Beach, Florida
August 11, 2004
Page 4
Boynton Beach CRA Director's Concurrence:
Doug Hutchinson
BBCRA Director
Date
Boynton Beach CRA Board Approval:
Jean Heavilin
Chair, BBCRA Board
Date
Attachments:
- Appraisal
- Review Appraisal
- (2) Original Contracts
- Copies of Notices provided at Initiation of Negotiations
- Exhibit A - Owner Incurred Incidental Expenses
- Exhibit B- Explanation Potential Residential Relocation Costs
- Exhibit C - Sales Data (Subject Area)
CC: Howard Steinholz, Barry Lazarus, File
5890
Page 4 of 4
Boynton Beach Community Redevelopment Agency
Heart of Boynton
Parcel Cf 129
Property Owner:
Property Address:
Ms. Denise Scott
905 N. Seacrest Boulevard
Boynton Beach, FL 33435
Expenses Incidental to Purchase by BBCRA:
· :. Lost Rent
(4 months @ $850./mo.)
Property Owner cooperation
In keeping residence vacant
· :. Original Closing costs incurred
· :- Property purchased 11/03
· :- Prepayment Penalty on Mortgage
$3,4OO.
$3,500.
$2,600.
Total Costs to Owner
Appraised Value:
$84,000.
Contract Amount
* Increase of 10% over appraised value
$9,500.
$92,200.
Total Settlement Amount
(Acquisition)
$101,700.
Relocation Expense:
1 Landlord Business:
Reestablishment Expense Reimbursement
Search Expense
Total Relocation Expenses (Parcel 129)
TOTAL COSTS - Parcel 129
$10,000.
1,000.
S14,000.
$112,700,
EXHIBIT "A"
5891
Boynton Beach Community Redevelopment Agency
Heart of Boynton
Parcel # 129
Property Owner:
Property Address:
Ms. Denise Scott
905 N. Seacrest Boulevard
Boynton Beach, FL 33435
Explanation of Potential RESIDENTIAL Relocation Costs:
SCENARIO
Subject dwelling is rented to a Iow to moderate income family
Household Income of $26,000./year
Replacement Housing Payment for less than 90 day occupant is based on 30%
of gross monthly income
$26,000./yr. = $2,166./mo. = $649.80 Base Monthly allowance for rent + utilities
Compared to Replacement Site:
Comp # 1 $1,000. Rent per month
Total Cost =
RHP Calculation:
Comp # 1
Less
Base Mo. Allowance
Difference per month
X
plus move costs @
Total Relocation Costs · this scenario
0
50. utility supplement
$1 ~050.
$1,050.
$ 649.80
$350.20
42 months
$16,808. Replacement Housing Payment
$1,150.
$17~958.
This is another cost avoidance item to be contemplated in consideration
for approving the subject parcel contract & associated costs.
5892
EXHIBIT "B"
Florida Coastal Appraisal Services
Real Estate Appraisers and Consultants
2101 South Andrews Avenue Suite 205 Fort Lauderdale, FL 33316
954 779-3298 954 779-3395 (Fax)
Single Family Residence
Denise Scott
905 N. Seacrest Boulevard
Boynton Beach, Florida
Report Date/Date of Valuation: June 15, 2004
Prepared By
D. Craig Keneipp
FLORIDA COASTAL APPRAISAL SERVICES
2101 South Andrews Avenue Suite 2~35
Fort Lauderdale, Florida 33316 '
Prepared For
Mr. Dale Sugerman
The City of Boynton Beach
5893
Florida Coastal Appraisal Services
Real Estate Appraisers and Consultants
2101 South Andrews Avenue Suite 205 Fort Lauderdale, FL 33316
954 779-3298 954 779-3395 (Fax)
June 15,2004
Mr. Dale Sugerman
The City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Subject:
HEART OF BOYNTON CRA
Parcel 129 / Ms. Denise Scott
Single Family Residence
905. N. Seacrest Boulevard
Boynton Beach, Florida
Dear Mr. Sugerman:
In accordance with your request, I have prepared this Complete Summary Appraisal of the above
referenced property. The purpose of my appraisal was to estimate the market value of the subjr
property. The rights and/or interests appraised are fee simple.
Resultant from my investigation and analysis of the data assembled and used in the report that follows,
as well as inspection of the property at various times, it is estimated that the Market Value as of the date
of valuation on June 15, 2004 is:
$84,000
(Eighty Four Thousand Dollars)
Respectfully Submitted,
D. eriei
State Certified Gene~r,41 Appraiser - #0001491
5894
Parcel 129 / Scott
CERTIFICATE OF VALUE
I certify that, to the best of my knowledge and belief:
The statements of fact contained in this report are true and correct.
The reported analyses, opinions, and conclusions are limited only by the
assumptions and limiting conditions, and are my personal, impartial, and
professional analyses, opinions, and conclusions.
reported
unbiased
I have no present or prospective interest in the property that is the subject of this report,
and no personal interest with respect to the parties involved.
I have no bias with respect to the property that is the subject of this report or to the parties
involved with this assignment.
My engagement in this assignment was not contingent upon developing or reporting
predetermined results.
My compensation for completing this assignment is not contingent upon the development
or reporting of a predetermined value or direction in value that favors the cause of the
client , the amount of the value opinion, the attainment of a stipulated result, or the
occurrence of a subsequent event directly related to the intended use of this appraisal.
My analyses, opinions, and conclusions were developed, and this report has been prepared,
in conformity with the Uniform Standards of Professional Appraisal Practice.
I have made a personal inspection of the property that is the subject of this report.
No one provided significant professional assistance to the person signing this report.
Opinion of Market Value: $84,000.00
Date of Value: June 15, 2004
Date:
Signed:
D.~raig Keno(pp
STATE CERTIFIED GENERAL APPRAISER 0001491
5895
Project Identification:
Parcel Identification:
Appraiser:
Dates:
Interest Appraised:
Parcel Size:
Parcel Access:
Zoning/Land Use:
Assessed Value:
Utilities:
Easements:
Highest and Best Use:
Present Use:
Opinion of Value:
SpeciaIAssumptions
or Limiting Conditions
Under Which Value is
Based:
EXECUTIVE SUMMARY
HEART OF BOY-NTON CRA
Parcel 129 Denise Scott
D. Craig Keneipp
Florida Coastal Appraisal Services, Inc.
Date of Value/Report: June 15, 2004
Fee Simple
4~400 Square feet ( 44 x 100 estimated, no survey provided)
Legal and Physical: via N. Seacrest Boulevard)
R-3 Multi Family Residential / High Density Residential
$49,015
Assumed all available to site
Typical, none with adverse impact, no impact on value
Residential, SFR .
Improved 3 bedroom, 1 bath Single Family Residence
Total Value: $84,000.00
None.
5896
.4
TABLE OF CONTENTS
Page
Cover ............................................................................................................ 1
Letter of Transmittal ................................................................................... 2
Certificate of Valuation .............................................................................. 3
Executive Summary ..................................................................................... 4
Table of contents .......................................................................................... 5
Property location, owner and address .......................................................... 6
Legal Description ......................................................................................... 6
Property inspectima ...................................................................................... 6
Type of Property .......................................................................................... 6
History- of the Property (Last Five Years) ................................................... 6
Description of the Property ......................................................................... 6
Zoning/Land Use Planning/Concurrency ................................................... 7
Assessed Value and Taxes .......................................................................... 7
Appraisal Purpose and Intended Use ........................................................... 7
Scope of the Appraisal ................................................................................. 7
Definition of Market Value .............................. · ........................................... 8
Highest and Best Use Analysis ................................................................... 9
Approaches to Value .............................................. '. ................................... 9
Sales Comparison Chart ......................................... ' .................................... 11
Sales Discussion and Analysis ................................................................... 12
Income Approach to Value ....................................................... 13
Reconciliation of Sales Data ....................................................................... 14
Final Conclusion and Estimate of Market Value ....................................... 14
Estimated Marketing Time ..................................................................... '.k-. 14
Addendum ................................................................................................. 15
Subject Photos
Sales Data Sheets
Letter to Owner ' '
Warranty Deed of Subject
Limiting Conditions and Assumptions
Appraiser Qualifications
5897
5
Proper~ Location
The subject property is located on N. Seacrest Boulevard, just south of M. L. King. Jr.
Federal Highway, within the city limits of Boynton Beach, Palm Beach County, Florida.
Blvd, west of
Proper~ Owner Name & Address
Denise Scott
905 N. Seacrest Boulevard
Boynton Beach, FL 33435
Legal Description
PB 4 Page 51 BOYNTON HILLS, lot 146, Block D as recorded in the public records of Palm Beach
County, Florida.
Property' Inspection
Date inspected: June 10, 2004 and 6/15/04
Extent of inspection: Partial Interior and perimeter exterior SFR was field measured.
Type of Property
The property is an improved single-family residence consisting of 3 Bedrooms and 1 bath.
History of the Propert~
Built as a SFR in 1957. The subject has had two known sales/market transfers of record within the past'
eighteen months. The subject sold for $44,600 in January 2003 through foreclosure and again in
December 2003 for $80,000. The subject is currently leased for $825/month.
Description of the Property
The subject is an improved single-family residence.
Lot Size:
Shape:
Ingress/egress:
Topography:
Soil
Characteristics:
4,400 square feet
Rectangular 44 x 100+/- ( no survey provided)
Via N. Seacrest Boulevard
Cleared, generally level, at or slightly below road grade.
There is no visual indication of any adverse soil conditions in the area, but no soil
survey, exploration or engineering reports were made available. It is assumed that
there are no adverse soil conditions that would affect the adaptability' or
marketability of the individual site.
Utilities and Public
Service: Available to the site, considered to be adequate and typical.
Building Area:
870 square feet.
HVAC: None.
Walls: Concrete block/stucco
Flooring: Tile.
Roof: Flat.
Additional
improvements:
Natural landScaping.
5898
Zoning, Land Use Planning and Concurrency
The subject property is zoned R-3, Multi-family residential, by Boynton Beach. It has an HDR, High
Density Residential land use designation allowing 10.8 dwelling units per acre. The zoning and land use
are in conformity. No commercial uses are permitted in these zoning or land use classifications.
The subject land use designation is high density' residential. For the government body, land use plans
serve as generalized guidelines for both current and future development. Items generally included in
guidelines are use classifications, use intensity and preservation areas. The land use plan is generally
used in conjunction with existing zoning when the government authority is reviewing a proposed
development.
The site is platted under the BOYNTON HILLS plat.
Municipality: City of Boynton Beach.
NOTE: Since requirements can be changed and/or amended at any time by the municipality, the above
reported data should be verified with the municipality before using such data for any purpose.
Assessed Value and Taxes
Taxing authority: Palm Beach County
Folio No.: 08434521070041460
Assessed value: $49,015
Year: 2003
There are no known special assessments.
Public and Private Restrictions '-
The subject is improved, platted, residential single family improved property. There are no atypical
restrictions known or assumed in the appraisal.
Property Interest Appraised
The rights appraised in this appraisal report are the undivided fee simple (estate)' interest.
Scope of Appraisal
Comparable improved sales and rentals x~511 be researched and reviewed. The site will be inspected as
permitted by the owner and tenants. The conclusions will be presented in this complete summary
appraisal report.
Appraisal Purpose and Intended Use
The purpose of this appraisal is to provide my opinion of market value of the subject property. The
intended use of this appraisal is informational for the client for the potential purchase, possibly under
eminent domain.
5899
Definition of Market Value
As defined by the Uniform Standards of Professional Practice:
The most probable price which a property should bring in a competitive and open market under all
conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably,
assuming the price is not affected by undue stimulus. Implicit in tkis definition is the consummation of
a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:
1)
2)
3)
4)
5)
Buyer and seller are typically motivated;
Both parties are well informed or ':,,ell advised, and acting in what they consider their own best
interests;
Reasonable time is allowed for exposure in the open market;
Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements
comparable thereto; and
The price represents the normal consideration for the property sold unaffected by special or
creative financing of sales concessions granted by anyone associated with the sale. ~
5900
Uniform Standards of Professional Appraisal Practice, 2002
Highest and Best Use Analysis - Summarized
"The reasonably probable and legal use of vacant land or improved property, which is physically
possible, appropriately supported, financially feasible, and that results in the highest value." (The
Appraisal of Real Estate", eleventh edition, Appraisal Institute). The subject land is zoned for R-3 multi-
family, historically and currently being utilized as a single-family residence. This use is consistent with
the subject neighborhood. The lot size is on the small end of the typical range for the SFR's in the
immediate neighborhood. Based on estimated current land value, it is not reasonable to demolish the
subject improvements and develop into multifamily use. It is considered maximally productive to
continue use as a single-family residence.
The highest and best use of the subject is as improved for single-family residence.
Approaches to Value Omitted as Not Applicable
[x] Cost
Approaches To Value
The subject property is improved with a single-family residence. This report is a complete summary
appraisal as per the Uniform Standards of Professional Practice. The appropriate approaches are the
Sales Comparison Approach and Income Approach. The subject is recognized to be marketed, bought
and sold relative to market sales analysis of other Single-family residences in the subject neighborhood.
Ample sales market data is deemed available for application and utilization of the sales comparison
approach. The Income approach is considered applicable as the subject and many of the comparable
sales are leased. There is sufficient market evidence that the subject property type in the subject
neighborhood is bought based on income potential.
The Cost Approach is not deemed applicable due to the age of the SFR subject.
THE SALES COMPARISON APPROACH
This market derived approach is a technique of estimating market value by comparing similar, open
market sales of properties, to the subject, and making appropriate adjustments for the variable
characteristics considered applicable to subject.
The Sales Comparison Approach is premised on the Principle of Substitution, which suggests that an
purchaser/investor would not pay anymore for a property than the cost of acquiring an equally desirable
substitute property. With the presence of quantitatively and qualitatively sufficient market data that can
be inspected and then analyzed, a sufficiently reliable value indicator can be developed that reflects
current market actions/reactions.
A reliable comparison should be selected to accurately measure and/or compare the market data
considered comparable. For the subject property, the sales price overall including the land is considered
a reliable measure and/or unit approach for comparison purposes, resulting in a reflective market
indicator. The comparable sale properties shotild be (and are) individually compared to the subject
property, and in light of no two properties being identical, it is necessary to analyze the individual
characteristics, which would be reflective of a variance in price. These differences are then equated to
adjustments, if appropriate.
5901
Collection and Analysis of Comparable Sales
For the purposes of establishing "benchmarks" of value for the subject for comparison, single-family
residential sales were researched and analyzed. A number of sales of comparable properties were fou-~
and through preliminary analysis and field inspections reduced. Personal verifications with either
buyers or the sellers provided additional data for scrutiny and analysis. Several sales have been chosen
for use in direct comparison. These include the sale of the subject less than 1 year ago. The sale
properties selected for comparative purposes have SFR buildings and site improvements that are similar
in functional use to the subject.
Due to the nature of the SFR improvement with a fairly typical residential lot land size; the number of
bedrooms, baths and living area will be considered in establishing an overall unit of comparison for the
subject. The improved comparable sales indicate typical lot sizes recognized in the market, as well as
adequate to good landscaping, garage/carports, and various amenities.
Direct Comparison Of Improved Sales
Following is a sales grid/table and brief discussion of each of the comparables. Narrative analytical
support for any adjustments, as well as, additional sales discussion and correlation will follow' this grid
for the purpose of individual comparison to the subject.
5902
lC,
Single Family Residential Sales Table
Item SUBJECT SFR Sale A Subject Sale Y SFR Sale D
OR/Page 16332/1539 16066/1749
Address 905 N. Seacrest 429 NWl2tn Ave 905 N. Seacrest 135 NW 13tn Ave
Boynton Beach Boynton Beach Boynton Beach Boynton Beach
Sale Date As of 3/31/2004 12/2003 09/2003
6/15/2004
Lot Size 4,400 Sq Feet 5,450 Sq Feet 4,400 Sq Feet 3,500 Sq Feet
Living 870 Sq Feet 976 Sq Feet 870 Sq Feet 625 Sq Feet
area
BR 3 3 3 2
Baths 1 1 1 1
Year Built 1957 1959 1957 1948
Quality Good Good Good Good
Condition Fair Good Good Good
Sale Price N/A $82,500 $80,000 $78,000
Car Cover No No No No
Storage None 28 sf None None
HVAC None Central Wall Unit. Wall Units
Landscaping Fair Fair Fair Good
Comments .....................Purchased by an Sale of subject. Purchased by an
investor. Available Leased to tenant, investor. Leased to
for lease, tenant.
Sales Analysis
The table reflects sales for single-family residential properties in the subject neighborhood market. All
sales have proximity to the subject. The sales indicate the typical SFR in the subject neighborhood is 2-3
bedroom/1 bath. The subject is a 3 Bedroon'ffl Bath. The unadjusted sales indicate a range of typical
homes from the past year of $78,000 to $82,500. The recent sale of the subject was for $80,000.
Sale A
This sale is slightly larger than the subject. It has 3 bedrooms, 1 bath, but more overall living area. The
sale is well maintained and is available for lease. An interior inspection of the sale was not possible as of
the date of this report. The sale is considered slightly superior (10%) to the subject due to better
condition and central a/c.
Sale Y
This is the sale of the subject in the past year. The sale is considered arms-length. The sale/subject
property is in fair condition it has some tile flooring. The current owner has the property leased for
$825/month. Tenant pays water and electric.-
5903
Sale D -=~
This sale is similar in building style, and age to the subject. It has not had an addition. It has 2
bedrooms/1 bath upon inspection. The sale reflects a fair/good condition. The sale is considered
inferior (10%) to the subject due to one less bedroom. Although a complete interior inspection was
available, the sale is considered similar to the subject in condition and lot size. The sale is leased to a
tenant. No lease data was available.
Conclusion of Market Sales Comparison Approach
Items such as size, bedroom/baths, age, condition, and landscaping are all considered. The subject is
considered to be in fair condition with minimal landscaping. The adjusted range of sales is $74,250 to
$85,800.
All sales, including the sale of the subject, have been given reasonable consideration. The recent
purchase of the subject is considered an arms-length transaction. The neighborhood market values are
considered to be increasing. There is the new construction of SFR's in the neighborhood. Following a
thorough review' of my market data and my analysis of the pertinent information and facts, my market
value opinion is $84,000. This is near the top of the adjusted range of value.
Conclusion of Market Sales Comparison Approach: $84,000
5904
INCOME CAPITALIZATION APPROACH TO VALUE
The Income Capitalization Approach to value consists of methods, techniques, and mathematical
procedures that an appraiser uses to analyze a property's capacity to generate benefits and convert these
benefits into an indication of present value. This technique is premised on the principle of "anticipation"
and "substitution", as well as, the principle of "contribution." Potential gross income can be defined as
the income a property, will produce with 100% occupancy. Generally, income is classified as either
"market" (economic) rent or "contract" rent. Market rent is that amount of income a property would
command in the open and competitive market based on current rentals of similar properties. Contract
rent is that rental income created by an existing lease; the effective date of the lease may or may not be
current. Also, contract rent may or may not be equivalent to market rental. Rental data is provided from
the improved sales from the sales grid provided earlier in the Sales Comparison Approach. The subject
contract rent is considered market rent.
Sale Subject SFR Sale & Subject Sale SFR Sale &
Rental R & Rental Rental G
Rental Date As of Current Current Prior
6/2004
Sale Date .............. '3/2004 12/2003 10/2002
Sale Price $99,500 $80,000 $78,000
Gross Income ..............
Annual $11,640 $9,900 $12,960
Monthly $970 $825 $1,080
Gross Rent .............. 8.54 8.08 6.01
Multiplier
Gross Rent Subject
The market rent for the subject property's 3 bedroom/1 bath unit is estimated to be $825/month. Annual
gross rent is thus estimated to be $9,900.
Gross Rent Multiplier
Dividing the adjusted sales prices by their adjusted gross annual rent, yields a gross rent multiplier range
of'approximately 6.01 to 8.54. Sale/Rental G is older data. More weight is given to Sale/Rental R and
the subject. Sale/Rental R is a slightly larger SFR 3BR/1 ½ bath, in a more residentially oriented
neighborhood. The sale/rental of' the subject is contemporary, as well as reflective oft he neighborhood
market. In my opinion, the sales and rental analysis indicate a gross rent multiplier of 8.25 for the
subject is reasonable.
8.25 X $9,900 =$82,000(R)
Market Value estimate via the Income Approach: $82,000
5905
Reconciliation
The value indications developed from the Sales Comparison Approach, and the Income Approach are
set forth. Following a thorough review of market data and analysis of the pertinent information
facts, the following value estimates have been indicated.
COST APPROACH
SALES COMPARISON APPROACH
INCOME APPROACH
N/A
$84,0O0
$82,000
The subject is located in an area with stable to increasing property values and with a diminishing supply
of available vacant land sites. As can be seen above, there are reasonable variances in the value
estimates from the Sales Comparison, and Income approach. Both approaches are given reasonable
weight.
After considering the value indicators, it is my opinion that the subject property has a fee simple market
value as of June 15, 2004 as follows:
Market Value Opinion: $84,000
(Eighty Four Thousand Dollars)
5906
ADDENDUM
Subject Photos
Sales Data Sheets
Letter to Owner
Warranty Deed of Subject
Limiting Conditions and Assumptions
Appraiser Qualifications Appraiser Qualifications
5907
15
Subject PhotOs Parcel 129
5908
Sale Address:
Sale Date:
Seller:
Buyer:
Sale Price:
Living Area:
Bedrooms:
Baths:
Car Cover:
Comments:
Confirmation:
Sales Data-Sheet - Sale A
429 NW 12th Avenue Boynton Beach
March 31, 2004
Clifford Bell
HTM Leasing LLC (Harishehander T. Madhav)
$82,5OO
976 Square Feet
3
1
None
Purchased by investor. Currently offered for rent.
With buyer. Public records, personal inspection.
Photograph of Sale
Sale Address:
Sale Date:
PCN:
Seller:
Buyer:
Sale Price:
Living Area:
Bedrooms:
Car Cover:
Comments:
Confirmation:
Subject "Scott" Sales-Data Sheet SFR 16332/1539
905 N. Seacrest Boulevard Boynton Beach
12/12/2003
08434521070041460
Kelvin Ramdin
Denise Scott
$80,000
870 Square Feet
3
Financing: $68,000
Baths: 1
None
Purchased by investor. Currently leased
With Buyer and seller (954 972-4056). Public records.
Personal inspection onsite.
Sale Address:
Sale Date:
PCN:
Seller:
Buyer:
Sale Price:
Living Area:
Bedrooms:
Car Cover:
Comments:
Confirmation:
Sales Data Sheet~ SFR D 16066/1749
135 NW 13th Avenue Boynton Beach
Sept. 26th 2003 / December 2002
08434521210000491
Fred Lombardi
Barry Morris
$78,000 / $48,000
625 Square Feet
2
Financing:
Baths:
$60,200
1
None
Purchased by investor, leased to tenant.
Public records, personal confirmation
onsite inspection.
with
tenant,
Photograph of Sale
Florida Coastal Appraisal Services
Real Estate Appraisers and Consultants
2101 South Andrews Avenue Suite 205 Fort Lauderdale, FL 33316
954 779-3298 954 779-3395 (Fax)
May 30, 2004
Denise T. Scott
905 N. Seacrest Boulevard
Boynton Beach, FL 33435-3001
RE:
Boynton Beach Community Redevelopment Agency
Heart of Boynton
Parcel No. 129
Dear Property Owner:
The Boynton Beach Community Redevelopment Agency (BBCRA) is planning on
acquiring property for the Heart of Boynton project. The BBCRA has engaged me to
make an appraisal of the property located at 905 N. Seacrest Boulevard, Boynton
Beach. Florida. According to the Palm Beach County Property Appraisers Office, this
property is owned by you. ~.
The Purpose of the appraisal is to estimate the fair market value of the property needed
for the above referenced project.
A site inspection is scheduled for this property on .lune 10, 2004 at 9:30 a.m. If you
or your designated representaUve would like to accompany me on this inspection,
please call me at (954) 779-3298 so that we may schedule a mutually agreeable time
and meeting place. ,
Any information you may provide relative to factors which may affect the value of the
property will be helpful in preparing my appraisal. This includes surveys, building plans,
names of tenants, leases, rents, real estate taxes, operating expenses, and other
pertinent information.
If you have any questions, you may contact me at my office Monday through Friday
between the hours of 9:00 AM and 5:00 PM'.
Sincerely,
D. Craig
:~913
William P, Jacobsen, Esq,
IlllllllllllllilllllJl
1211B/~3 18:15:17 2Q~38778307
OR BH 16~ P6 1539
Palm Beach County, Flo'?ida
flMT 88,808. B0
Doe Stamp 560.00
Dorothy H. Wilken, Clerk
Warranty Deed
This Warrant)' Deed.~i~ this 12th day of December 2003 ~ct,~eti Kelvi~ ~mdin, a marri~ man whose posl
office ~ess Is 6 l0 Ed~ad, Margate, FL 53063, ~mr, ~d ~n~e T. Sco~, a single wo~n whose post office
add.ss is 905 N. Seser~t ~rd, Boynton ~eh, ~ 3343~, g~teo:
~ ~cd Mrein ~e ~ "~"~lcc" in:lude gl tho panics to th~ [~sffument ~d
indivi~gs, ~ ~ ~s~ ~ ~si~rations, ~ ~d ~st~s)
'~.~...
WJ~esseth, ~at said ~tor, fo~n~ in' consi~mtion of the sum of TEN .A~ NO/100 DOLLARS ($10.~) and o~er
go~ and ~l~ble e~iderations m~d~r ~ h~d paid by slid ~ant~ ~e receipt whereof is hereby ac~owl~ged
h~ ~=ted, ~, ~d sold to th~'g ~lee, ~d ~tee's h~s and 'assi~s forever, ~e following descried land~
situate, I~ md~g ~ Palm Beach Cdu~]o~da t~wit:
L~ 146~ ~lock D~ BOY'ON ~ccordinff to ~e Plat ther~f recorded in Plat Book 4, Page 51,
of t~e Public ~ecords o f Palm ~c~ Co~, Florida.
Parcel Identification Number:
'-?'"-,5"
Granior war~n~ that at the time of ~v. eyance, ~e subject property' is not lhe (;r~ntor's
homes~d within the, mea~g ~t forth in ~5ko~flmtlon of the ~m~e of ~orlda. nor b it contiguous
i~ or n pa~ of home~d proart. Grnnt~'s~n;S and ~m~t~d add~s is: 6110 Edwards
Road; Ma~ste, FL 330~. ,~/ }~ !~
Together w~ all ~ tenements, ~t~ents ~d app~f~a belonging or
%<;.-
To Have and to Hold, ~e s~e ~ fee s~ple brever. ~;'
And ~e ~,or hereby cove~a w[~ said ~tee ~at the ~~ ~ized of said ired
~antor ha good ri~t ~d law~ au~ofiW Io sell ~d oonvey s~d l~.~e ~aaar hereby ~lly wa~nts ~e title m said
~g ~d will deled the s~e a~t ~e ]awOl claims of ail ~ whomsoever; and ~a~ said [and ~ fre~ of all
ene~br~nces, ex~ ~e~ a~g s~sequeat to D~ember 31, 20~. .,~'j~.~
I. Wimess Whe~or. ~antor has hereunto set ~tor's h~d and seal ae ~'~,year f~st a~ve ~i~n.
k I .-/.::
Si~d seal~ ~ dcl/v¢~d ~ o~p~sence:
8t~ of Florida
Co~ of Palm Beach
The tbregoing inmrument was ac&nowledged before me this i2th day of December, 2003 by Kelvk~ Ramdin. wire U is
personally known or [X] has produced a drive?s license as identification.
-
My C~m~i~n ~Jms: ·
5914
Book16332/Pa ge 1539
Page 1 of 1
DoubloTI~
Qualifications of
D. Craig Keneipp, Appraiser/Consultant
2101 South Andrews Avenue, Suite 205
Fort Lauderdale, Florida 33316
EDUCATION
Bachelor of Science, Business Administration, Marketing. University of Central Fla. Orlando, FL
Associate of Arts (A.A.), Manatee Jr. College, Bradenton, FL
LICENSES/CERTIFICATION
State Certified General Real Estate Appraiser, since 1991.
Florida Licensed Real Estate Broker, since 1987.
WORK EXPERIENCE
Professional self-employed real estate appraiser/consultant 1985 to present.
Senior Real Estate Negotiator for Kaiser Engineers, under contract with the Florida Department of
Transportation for Right-of-Way Acquisition 1984 to 1985.
Right-of-Way Specialist (acquisition/relocation agent) for the Florida Department of Transportation,
District IV Fort Lauderdale, FL. 1982 to 1984.
EXPERT WITNESS
Court qualified as an expert witness in the area of real estate appraisall
PREQUALIFIED GOVERNMENTAL FEE APPRAISER LISTS
· Federal Department of Environmental Protection, Division of State Lands Fee Appraiser
· Florida Department of Transportation Real Property Fee Appraiser/Consultant
· Broward County Approved Fee Appraiser
· Broward County School Board Approved Fee Appraiser
APPRAISAL COURSES COMPLETED
USPAP - Uniform Standards of Professional Appraisal Practice
American Society of Appraisers Ethics Exam, A.S.A. (American Society of Appraisers)
lA-1 Real Estate Appraisal Principles, A.I.R.E.A.(American Institute of Real Estate Appraisers)
lA-2 Basic Valuation, A.I.R.E.A.
iBB -CapitaIization Theo~ and Tech. B, A.I.R.E.A.
1BA - Capitalization Theory' and Tech. A. A.I.R.E.A.
SPP - Standards and Professional Practice, A.I.R.E.A.
ADDITIONAL COURSES/CONTINUING EDUCATION
Uniform Standards of Professional Appraisal Practice
Understanding Limited Appraisals & Appraisal Reporting Options
Communication in Real Estate Acquisition
Appraising under Eminent Domain
Business Relocation, Federal Highway Administration
5915
Real Estate Finance
Business Valuation Parts I & II
LitigationValuation
Industrial Valuation
-- 16
D. Craig Keneipp, State Certified General Appraiser
Partial Statewide Client List
Government Agencies
Florida Dept. Of Transportation
North Broward Hospital District
Municipalities
Broward County (Litigation Support)
City of Boynton Beach
City of Coconut Creek
City of Lauderhill
City of Margate
City of Sunrise
Financial Institutions
North Trust Bank
Law Firms
Conrad & Scherer
Forman & Hanratty
Ulmer, Hicks & Schreiber
Ruden, McCloskey, Smith, Schuster
Durden & Green
Jerome Tepps
Ali & Jobson
Eakin & Eakin
Carter & Thomas
H. Collins Forman, Jr.
Jack Baxter
Partial List of Proper ,ty Types Appraised
Vacant Land
Agricultural
Residential
Commercial
Improved Residential
Single Family
Multi-family
Condominiums
Improved Commercial
Banks
Retail/strip centers
Private Schools & Day Care
Palm Nursery
Cemetery
Funeral Home
Restaurants/Bars
Service stations
Churches
Rock Pits
Auction Gallery
Office buildings - single/multistory
Hotels/motels
Auto/boat/motorcycle dealerships
Radio station
Golf Course
Assumptions and Limiting Conditions
This appraisal is to be used in whole and not in part. No part of it shall be used in conjunction with any
other appraisal.
Marketable title, but not responsibility as to legal matters is assumed.
It is assumed the legal description as given, is correct.
The property has been appraised free and clear of any or all liens or encumbrances unless otherwise
stated.
All engineering is assumed correct. Any plot plan and/or illustrative material in this report or addendum
are included only to assist the reader in visualizing the property.
It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that
render it more or less valuable. No responsibility is assumed for such conditions or for arranging for
engineering studies that may be required to discover them.
Possession of this report, or a copy thereo£ does not carry with it the right of publication.
Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity
of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public
through advertising, public relations, news, sales, or other media without the written consent and
approval of the appraiser.
5917
-- 18
WESTBERRY & ASSOCIATES LLC
Real Estate Appraisers and Consultants
June 23,2004
Virginia Mammone
The Urban Group, Inc.
1424 South Andrews Avenue, Suite 200
Ft. Lauderdale, FL 33316
Re:
Review Appraiser's Statement
Heart of Boynton CRA
Parcel 129
Dear Ms. Mammone:
Pursuant to your Notice to Proceed, dated May 17, 2004, I am submitting a
review appraisal of the Florida Coastal Appraisal Services report for the
above referenced project and parcel number.
Thank you for the opportunity to provide this review appraisal service.
Very truly yours,
'Mendel R. Westberry, MAI
State Certified General Real Estate Appraiser #0000331
5918
JUL 0 8 200zt
4675A Anglers Avenue · Fort Lauderdale, Florida 33312
Phone: (954) 965-0999 Fax: (954) 965-0989
REVIEW APPRAISER'S STATEMENT
Project Name: Heart of Boynton CRA
Parcel No.: 129
Identification of Report Under Review
The report is a complete appraisal summary report identified as parcel 129
of the Heart of Boynton CRA. D. Craig Keneipp of Florida Coastal
Appraisal Services prepared the report for the City of Boynton Beach,
Florida. I was not provided with a property owner's appraisal report. The
property is currently owned by Denise Scott, 905 North Seacrest
Boulevard, Boynton Beach, FL. The subject property is located on North
Seacrest Boulevard, just south of Martin Luther King Boulevard and west
of Federal Highway in the City of Boynton Beach.
Date of Value
Date of Report
Date of Review
6/15/2004
6/15/2004
6/23/2004
Overview of the Subject Property
The subject property is a 4,400 square foot parcel of land which is
improved with a single family residence. It was originally constructed in
1957 as a three bedroom, one bath 870 square foot residence. The home is
concrete block and stucco with a flat roof. Floors are tiled. The house has
no central air-conditioning. The site is zoned R-3, Multifamily Residential
by the City of Boynton Beach and has an underlying land use of High
Density Residential which is consistent with its zoning. The zoning
classification permits a variety of residential uses including single family
and multifamily construction.
Mr. Keneipp concludes that the subject's highest and best use is continued
use as a single-family residential dwelling unit. His conclusions are based
upon the R-3 zoning of the site as well as the surrounding neighborhood,
which is improved largely with single family homes such as the subject.
Property Interest Appraised
The real property interests appraised are those rights associated with the
undivided fee simple (estate) interest.
Purpose and Intended Use of the Report Under Review
The purpose of the appraisal report is to provide an opinion of market
value of the subject property. The intended use of the appraisal is
information for the client for the potential purchase of the property,
possibly through eminent domain.
Extent of Review Process
I have read the appraisal report and I have inspected the subject property
and the comparables. I examined the data and methodology used by the
appraiser and made conclusions .about the methods used and
5919
REVIEW APPRAISER'S STATEMENT
Project Name: Heart of Boynton CRA
Parcel No.: 129
reasonableness of the value estimates. I also reviewed the report for
compliance with Uniform Standards of Professional Appraisal Practices
(USPAP). Mr. Keneipp's report is judged to be in compliance with USPAP.
I did not independently research or verify all data.
Completeness of Report Under Review
The completeness of the report is considered adequate and sufficient in
terms of the requirements of USPAP.
Appropriateness of Appraisal Methods and Techniques Used
Mr. Keneipp developed both the Sales Comparison and Income Approach
to value. These approaches are appropriate methods for estimating the
value of the subject property. The subject's neighborhood appears to have
an active market. Therefore, Mr. Keneipp had an ample amount of sales
data available for the application of the Sales Comparison Approach.
Additionally, several of the comparable sales are tenant occupied. Rental
information was readily available enabling Mr. Keneipp to develop the
Income Approach by establishing a Gross Rent Multiplier (GRM).. A GRM is
developed by dividing the sale price of a home by the annual rental income
that the home generates. This multiplier can then be applied to the subject
property's actual or market rent.
Due to the age of the improvements, the Cost Approach to Value has
limited reliability and considered not applicable to this assignment.
Land (Sales Comparison AI313roach)
Mr. Keneipp did not develop a Sales Comparison Approach Land for this
assignment since improved properties such as the subject are purchased
based upon a "whole to whole" comparison.
Cost Approach
NA
Sales Comparison Approach-Improved
Mr. Keneipp used three comparably improved sales, one of which was the
recent sale of the subject. The sale prices of the comparable sales range
from $78,000 to $82,500. All the sales are in proximate locations to the
subject property. All have sold within the last nine months.
The subject's lot size is 4,400 squa~'e feet, the comparable sale lot sizes
range from 3,500 square feet to 5,450 square feet. One of the comparable
sales has central air conditioning, making it superior to the subject. The
other comparable sale, like the subject, has wall air conditioning units.
One comparable sale has three bedrooms and one bathroom, the other
5920
REVIEW APPRAISER'S STATEMENT
Project Name: Heart of BoyntOn CRA
Parcel No.: 129
comparable sale has two bedrooms and one bathroom. The subject
improvements were originally built in 1957, the comparable sales were built
in '1959 and 1948. Mr. Keneipp reviewed the features of each sale
comparing items such as quality of construction, age and condition of
improvements, floor plan and lot size. He made these comparisons based
upon a "whole to whole" analysis and discussed the comparable sale's
inferiority or superiority as compared with the subject property. Mr.
Keneipp gave all the sales equal consideration and correlated to a value of
$84,000 for the subject property.
Income Approach
To develop the Income Approach to value for the subject property, Mr.
Keneipp used five recent sales of similarly improved residential dwellings
which have since been leased to a tenant. A GRM for each of these
properties was calculated based upon the sale price of the property divided
by the annual rental income generated by the property. The range of GRMs
was 6.01 to 8.54. Mr. Keneipp then correlated to near the upper range, 8.25,
and applied the subject market rent of $825 to arrive at an estimate of value
via the Income Approach of $82,000.
$825 x 12 = $9,900 x 8.25 = $82,000 (R)
Reconciliation of Approaches to Value
The Sales Comparison Approach produced an estimate of value of $84,000
for the subject property. The Income Approach produced, an estimate of
value of $82,000 for the subject property. Mr. Keneipp placed greater
weight on the results of the Sales Comparison Approach and reconciled to
an estimate of value for the subject property of $84,000.
Cost Approach
Sales Comparison Approach
Income Approach
NA
$84,000
$82,000
Recommended compensation based on Mr. Keneipp's report is: $82,000
5921
REVIEW APPRAISER'S STATEMENT
129 Heart of Boynton CRA Boynton Beach/Palm ] Acquisition
Beach
Review Certification
I certify to the best of my knowledge and belief:
The facts and data reported by the review appraiser and used in the review process
are true and correct.
The analyses, opinions and conclusions in this review report are limited only by the
assumptions and limiting conditions stated in this review report, and are my
personal, unbiased professional analyses, opinions, and conclusions.
I have no present or prospective interest in the property that is the subject of this
report, and I have no personal interest or bias with respect to the parties involved.
My compensation is not contingent on an action or event resulting from the
analyses, opinions, or conclusions in, or the use of this review report, my analyses,
opinions, and conclusions were developed and this review report was prepared in
conformity with the Uniform Standards of Professional Appraisal Practice.
I did personally inspect the subject property and appropriate comparable sales as
used in the report under review. Field inspection of the subject property took place
on June 23, 2004.
Value estimates of items compensable under state law, but not eligible for federal
reimbursement have been clearly identified below, as appropriate.
The value estimate and my recommended compensation is stated below.
Sayre J. Berman, AICP, State Certified General Real Estate Appraiser #0001963,
provided significant professional assistance.
In my opinion, the Total Recommended Compensation is: $84,000 Parcel 129
Mendel R. Westberry, MAI /
state Certified Real Estate Appraiser
#0000331
Date
5922
NOTICE TO OWNER
3uly 15, 2004
Denise Scott
905 N. Seacrest Boulevard
Boynton Beach, Florida 33435
RE: 905 N. Seacrest Boulevard, Boynton Beach, Florida 33435
Dear Property Owner and Other ]:nterested 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 at 905 N. Seacrest Boulevard, Boynton Beach, Florida 33435'. The Agency has
identified the area in which your property is located as a "project" area in which the following
improvements may be carried out:
Heart of B0ynton Community Redevelopment Plan
Because Federal financial assistance is involved, you are protected 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 acquisition due to the 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.
5923
- BOYNTONBEACH
COf4f4UNITY REDEVELOPMENT AGENCY
NOTTCE TO OWNER
.luly 15, 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 UPA.
The Agency wishes to caution you that any tenant who moves into the property
identified herein for possible acquisition after the initiation of negotiations, may not be entitled
to displaced person assistance from the Agency. Tn 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 UPA assistance for a
displaced person can be quite expensive. :if 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: Tf the Agency determines that a person occupies a property, or is allowed to
occupy a property, for the purpose of obtaining relocation 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. 116 or our toll free number (888) 522-
6226, ext. 116.
Any correspondence or documents you wish to submit to the Agency should be mailed to:
The Urban Group, :[nc.
1424 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.
Agents for Boynton Beach CRA
'Barbara Matlack
Senior Realty Specialist
Enclosure
5924
July 15, 2004
OFFER OF 3UST COMPENSATION
Denise Scott
905 N. Seacrest Boulevard
Boynton Beach, FL 33435
Dear Ms. Scott,.
The purpose of this letter is to make you an offer of just compensation for your property
located at 905 N. Seacrest Boulevard. Hr. Craig D. Keneipp, Cerified General Appraiser,
on behalf of the Boynton Beach Community Redevelopment Agency, has established the
amount of just compensation for your property at $ 84,000.
This amount is based on the fair market value established by an appraisal and approved by a
review appraiser.
The Boynton Beach Community Redevelopment Agency 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 Just Compensation.
If you have any questions about this matter, please do not hesitate to call me at (954) 522-
6226, ext. 116, or our toll free number (888) 522-6226, ext. 116. I look forward to hearing
from you soon.
Sincerely,
Accompanying Attachments
· Establishment of Just Compensation
·
THE URBAN GROUP, :[NC.
Agents for Boynton Beach CRA
Barbara Matlack
Senior Realty Specialist
Summary Statement of Offer of Just Compensation
Real Estate Agency Disclosure 5925
BOYNTON BEACH
COMMuNrrY REDEVELOPMENT AGENCY
NO BROKERAGE RELATIONSHIP DISCLOSURE
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THTS
NOT1'CE TO POTENTI'AL 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 RELATIONSHIP NOTICE
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO
BROKERAGE RELATIONSHIP WITH A POTENTIAL SELLER OR BUYER DISCLOSE
THEIR DUTIES TO SELLERS AND BUYERS.
As a real estate licensee who has no brokerage relationship with you, THE URBAN
GROUP, ]:NC. and its 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.
Sit, nature / '/ -
The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316
TELEPHONE 954-522-6226 · FAX 954-522-6422 ° www.theurbangroup.com
SUMMARY STATEMENT OF OFFER OF :lUST COMPENSATTON
Denise Scott PROJECT NAME: HEART OF BOYNTON
905 N. Seacrest Boulevard PARCEL NO.: :[29
Boynton Beach, FL 33435
Dear Ms. Scott:
As you are probably aware, the Boynton Beach Community Redevelopment Agency (CRA) is in the process of acquiring private property
for the above referenced project. A determination has been made that either a part or all 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 description
attached in "Exhibit A" is owned by you.
The interest being acquired in your property is a Fee Simple
Tn 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: Tmproved Single Family Residence
3 Bedroom. I bath, CBS structure
The CRA does not normally acquire personal property such as furniture and furnishings, clothing, and other similar items of personal
:ffects or small unattached appliances in conjunction with redevelopment projects. However, if circumstances are such that this
oecomes necessary, the following list will identify those items of personal property being acqu!red. N/A
You are further advised that the Agency's offer of just compensation for the property required for the Heart of Boynton project is based
on the Fair Market Value of the property and that the CRA's offer to you is not less than the approved appraised value of the property.
The following represents a summary of the [~oynton Beach CRA's offer to you and the basis therefore:
Land & improvements $ 84,000.00
Real Estate Damages $ N/A
Total $ 84,000.00
This statement of offer is not a contract if you agree to accept this offer, you will be required to sign a contract to sell. Any additional
information you may require can be obtained through the CRA's Representative that contacted you. if the representative is not readily
available, please contact:
The Urban Group, ]:nc., 1424 South Andrews Avenue, Suite 200, Fort Lauderdale, FL 333:[6 (888) 522-6226, ext. :[16 or 1:[0
Sincerely,
THE URBAN GROUP~ TNC,
Agents for Boynton Beach CRA
Senior Realty Specialist
Date
Date
BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY '
Denise Scott
905 N. Seacrest Boulevard
Boynton Beach, FL 33435
SUMMARY STATEMENT OF OFFER OF JUST COMPENSATION
PROJECT NAME: HEART OF BOYNTON
PARCEL NO.: 129.
Dear Ms. Scott:
As you are probably aware, the Boynton Beach Community Redevelopment Agency (CRA) is in the process of acquiring private property
for the above referenced project. A determination has been made that either a part or all 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 description
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 Single Family Residence
3 Bedroom. I bath, CBS structure
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 redevelopment projects. However, if circumstances are such that
becomes necessary, the following list will identify those items of personal property being acq,uired. N/A
You are further advised that the Agency's offer of just compensation for the property required for the Heart of Boynton project is based
on the Fair Market Value of the property and that the CRA's offer to you is not less than the approved appraised value of the property.
The following represents a summary of the Boynton Beach CRA's offer to you and the basis therefore:
Land & Improvements $ 84,000.00
Real Estate Damages $ N/A
Total $ 84,000.00
This statement of offer is not a contract if you agree to accept this offer, you will be required to sign a contract to sell. Any additional
information you may require can be obtained through the CRA's Representative that contacted you. If the representative is not readily
available, please contact:
The Urban Group, Inc., 1424 South Andrews Avenue, Suite 200, Fort Lauderdale, FL 33316 (888) 522-6226, ext. 116 or 110
Sincerely,
THE URBAN GROUPt INC.
Agents for Boynton Beach CRA
Barbara Matlack
Senior Realty Specialist
Delivered By
Receipt Acknowledged By
5928
Date
Date
BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY
ESTABLISHMENT OF 3UST COMPENSATION
PROPER TY Z OCA TED A T
905 N. Seacrest Boulevard
Boynton Beach, FL 33435
An appraisal prepared and submitted by D. Craig Keneipp, indicates the fair market value for
the property identified above to be $84,000. A review of this appraisal has been made by
Mendel R. Westberry, HA:[, 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,
:~, D. Craig Keneipp, on behalf of the Boynton Beach Community Redevelopment Agency, hereby
established the just compensation for the property identified above to be $84,000.
-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 of this establishment of just
compensation.
Defi'ver(~d By "'
eceipt Ackn~"v/~edg~ By ~/
5929
Date
Da~e / f
BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY -
HAZARDOUS SUBSTANCE
Denise Scott
905 North Seacrest Boulevard
Boynton Beach, Florida 33435
PROJECT NAME: HEART OF BOYNTON
PARCEL NO.: 129.001o
3uly 15, 2004
Dear Ms. Scott:
.Tn order to further clarify your Relocation Advisory Assistance, we are taking this opportunity to advise you of the Boynton Beach CRA
position regarding substances which may be classified as hazardous and/or of environmental concern.
If you are not presently registered as a generator of hazardous waste, it is important for you to understand that the abandonment of
any hazardous material, its by-products or other related materials will constitute hazardous waste and may put you in violation of the
Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (RCRA) or the Comprehensive Environmental Response Compensation
and Liability Act, 42 U.S.C. 9601 et seq. (CERCLA or SUPERFUND) or the Florida Resource Recovery and Management ACt, Section
403.708 of the Florida Statutes, Section 403.702-403.73.
A "release" of a hazardous substance, pollutant or contaminant is defined in 42 U.S.C. S9601(22) as follows:
"...any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or
disposing into the environment (including the abandonment or discarding of barrels, containers and other closed receptacles
containing any hazardous substance or pollutant or contaminant),..."
The CRA will not assume the responsibility of disposing of any substance, or containers which have held any substance, that is of
environmental concern.
All above-ground and/or underground tanks must be emptied prior to your vacating the subject property. All materials must be moved
or disposed of in accordance with all applicable laws and regulations and cannot be abandoned at the subject site.
Your assigned Relocation Specialist will explain eligibility moving expense reimbursements related to hazardous substances and will
assist you in every way possible to assure that your move is not only safe, but done to your satisfaction.
Sincerely,
THE URBAN GROUP~ INC,
Agents for Boynton Beach CRA
Receipt Acknowled/ed-By
59~30
Diane Mason
Project:ana~er, Relocation Services
BBCRA-R-14
TUG 07/04
BOYNTON BEACH
COMHUNITY REDEVELOPHENT AGENCY
Denise Scott
905 North Seacrest Boulevard
Boynton Beach, Florida 33435
Date: July 15, 2004
In reply refer to:
Project Description:
Relocation Parcel No.:
Initiation of Negotiations:
Heart of Boynton
129.001o
3uly 15, 2004
90-DAY LETTER OF ASSURANCE
Dear: Ms. Scott:
As you are aware, the Boynton Beach Community Redevelopment Agency (CRA) is in the process of
acquiring real estate for the above-referenced project in your area. It has been determined that you,
your family, your business or farm .operation, or personal property you may own will need to be
relocated from this real property which is needed for the community redevelopment effort.
To ensure that you receive adequate time to relocate, the Boynton Beach Community Redevelopment
Agency hereby assures that you will not be required to move from the subject property before at least
ninety (90) days have elapsed from the date ol: receipt of this letter..This assurance applies to you,
your family, your business or farm operation, or personal property you may own. Further, you will be
given a written notice which will specify the actual date by which the property must be vacated and
surrendered to the Boynton Beach Community Redevelopment Agency. You will receive this latter
notice at least thirty (30) days prior to the date specified.
It is the sincere desire of the Boynton Beach Community Redevelopment Agency to assist you in your
relocation necessitated by this acquisition and to answer any questions you may have. Should you
desire further information, our Relocation Assistance Office is located at: 1424 South Andrews Avenue,
Suite 200, Fort Lauderdale, Florida 33316.
RECEIPT ACKNOWLEDGED:
(1) Original Owner/Tenant
(2) Copy to File
Sincerely,
THE URBAN GROUP, INC.
Agents for Boynton Beach CRA
,.~. rgje. dL~anager, Relocation Services
DATE: ~
5931
BBCP, A-R-O 1
BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY
Denise Scott
905 North Seacrest Boulevard
Boynton Beach, Florida 33435
NOTICE OF ELIGIBILITY NONRESIDENTIAL
PROJECT NAME: HEART OF BOYNTON
PARCEL NO.: 129.001o
Dear: Ms. Scott:
As you are aware, the Boynton Beach Community Redevelopment Agency (CRA) is in the process of acquiring right of way for the
above-referenced project in your area. It has been determined that either you or your personal property will be requfred to move from
real property which is needed for the construction of this facility.
Since your business and/or your personal property (including on-premise signs) will be displaced from the property being
acquired, this notice is provided to advise you of your eligibility for services and payments under the Relocation Assistance program.
All displaced persons are eligible for advisow services from the CRA to assist in their relocation. Depending on the acquisition of the
real property owned or occupied by you or your business you may receive additional benefits.
It has been determined that your business will need to relocate from the property to be acquired. You are eligible to receive
reimbursement for the actual, reasonable, and necessary costs to move your business to a replacement site. In additior
the reimbursement for the actual, reasonable, and necessary costs to move your business to a replacement site, your sn,,
business may be eligible to receive a payment, not exceed $10,000, for expenses actually incurred in reestablishing such small
business at a replacement site.
It is the sincere desire of the CRA to assist you in your relocation. Your Relocation Specialist will be available to answer any
questions you might have regarding your move and to discuss various move cost reimbursement options with you. He or she will also
assist you at any time in completing the required forms and gathering the required information.
NOTE: This letter should no__~t be construed as a notice to vacate! You will be given adequate notice in this respect at a future
date.
If you have any questions contact our Relocation Assistance Office located at:
1424 South Andrews Avenue, Suite 200, Fort Lauderdale, Florida 33316.
Receipt Acknowledge~ By' - ~'
(i)
(2)
Original to Property Owner/Tenant-
Copy to CRA Office
5932
BOYNTON BEACH
Sincerely,
THE URBAN GROUP~ INC,
Agents for Boynton Beach CRA
Diane Nas. on, P, roject Manager, Relocation Services
Date
BBCRA-R-07 { COMMUNITY REDEVELOPMENT AGENCY
905 N. SEACREST
BOYNTON BEACH, FL 33435
EXPENSE SUMMARY
Sale Price
I $ i°~,°°°'°° I
Principal Balance
Lost rent for July
Appliances
Second Mortgage (Kelvin Ramdin)
Prepayment Penalty
Closing fees
TOTAL
$67,697.25
$825.0O
$400.00
$8,800.OO
$2,600.00
$3,500.00
I $83,822'25 I
Denise Scott
4465 Oak Terrace Drive
Greenacres, FL 33463
(561) 512-9937
(561) 433-8150
5933
HAND DELIVERED
Years of
July 27, 2004
Douglas Hutchinson, Director
Boynton Beach Community Redevelopment Agency
639 East Ocean Avenue, Suite 107
Boynton Beach, Florida 33435
Subject:
Heart of Boynton, Parcel 129,905 North Seacrest Boulevard
Relocation Entitlements
Dear Mr. Hutchinson:
Listed below are estimated relocation costs for parcel 129.001o, Denise Scott, landlord
business. The dwelling was vacant at the time of Initiation of Negotiations to purchase
the property.
Denise Scott, 120.001o
The owner of a landlord business is eligible for reimbursement of move costs,
search expenses, and reestablishment expenses.
Move costs: MS. Scott owns a minimum amount of movable personal property in
the house. Estimated reimbursement of expenses: $500.00
Search expenses: Eligibility maximum is $1,000 for reimbursement of expenses
incurred in searching for a replacement site. Estimated reimbursement of
expenses: $1,000.00
Reestablishment expenses: Eligibility maximum is $10,000 for reimbursement of
eligible expenses incurred in reestablishing a landlord business at a replacement
site. Estimated reimbursement of expenses: $10,000.00
Documents included in this package are a copy of the Notice of Eligibility and the 90-
day Letter of Assurance. No relocation claims have been made to date. Claims for
reimbursement of expenses will be made after the eligible expense has been incurred.
Maximum available relocation entitlement: $11,500.00
5934
The Urban Group, inc. · 1424 South Andrews Avenue ° Suite 200 · Fort Lauderdale, Florida 33316
- TELEPHONE 954-522-6226 · FAX 954-522-6422 · www.theurbangroup.com
Douglas Hutchinson, Director
July 27, 2004
Parcel 129
Page 2
120.001t
There is no residential tenant in occupancy as of this date. If the property owner
leases the house before the Agency takes title, the occupant will be eligible for move
costs only, unless the rent and utilities of a replacement dwelling exceeds 30% of the
total household income. During negotiations, it was learned that the property owner
intends to keep the house vacant at this time.
Potential additional move costs: $1,150.00
Sincerely,
Diane Mason
Project Manager, Relocation Services
The Urban Group, Inc.
5935
Denise Scott
905 North Seacrest Boulevard
Boynton Beach, Florida 33435
NOTICE OF ELIGIBILZTY NONRESTDENTIAL
PRO.~ECT NAME: HEART OF BOYNTON
PARCEL NO.: :[29.001o
Dear: Ms. Scott:
As you are aware, the Boynton Beach Community Redevelopment Agency (CRA) is in the process of acquiring right of way for the
above-referenced project in your area. It has been determined that either you or your personal property will be required to move from
real property which is needed for the construction of this facility.
· Since your business and/or your personal property (including on-premise signs) will be displaced from the property being
acqoired, this notice is provided to advise you of your eligibility for services and payments under the Relocation Assistance program.
All displaced persons are eligible for advisory services from the CRA to assist in their relocation. Depending on the acquisition of the
real property owned or occupied by you or your business you may receive additional benefits.
Zt has been determined that your business will need to relocate from the property to be acquired. You are eligible to receivp
reimbursement for the actual, reasonable, and necessary costs to move your business to a replacement site. In addition
the reimbursement for the actual, reasonable, and necessary costs to move your business to a replacement site, your sma~
business may be eligible to receive a payment, not exceed $10,000, for expenses actually incurred in reestablishing such small
business at a replacement site.
Tt is the sincere desire of the CRA to assist you in your relocation. Your Relocation Specialist will be available to answer any
questions you might have regarding your move and to discuss various move cost reimbursement options with you. He or she will also
assist you at any time in completing the required forms and gathering the required information.
NOTE: This letter should no__~t be construed as a notice to vacate! You will be given adequate notice in this respect at a future
date.
If you have any questions contact our Relocation Assistance Office located at:
.1424 South Andrews Avenue, Suite 200, Fort Lauderdale, Florida 333:[6.
Receipt Acknowledg~ By~ -
(2)
Original to Properb/Owner/Tenant
Copy to CRA Office
5936
Sincerely,
THE URBAN GROUP~ INC.
Agents for Boynton Beach CRA
Diane Ma~on, ~roject Manager, Relocation Services
Date
BBCRA-R-07
TUG 06/04
BOYNTON BEACH
COMklUNITY REDEVELOPt,4ENT AGENCY
:BO
Denise Scott
905 North Seacrest Boulevard
Boynton Beach, Florida 33435
Date:
3uly 15, 2004
In reply refer to:
Project Description:
Relocation Parcel No.:
Initiation of Negotiations:
Heart of Boynton
129.001o
3uly 15, 2004
90-DAY LETTER OF ASSURANCE
Dear: Ns. Scott:
As you are aware, the Boynton Beach Community Redevelopment Agency (CRA) is in the process of
acquiring real estate for the above-referenced project in your area. It has been determined that you,
your family, your business or farm .Operation, or personal property you may own will need to be
relocated from this real property which is needed for the community redevelopment effort.
To ensure that you receive adequate time to relocate, the Boynton Beach Community Redevelopment
Agency hereby assures that you will not be required to move from the subject property before at least
ninety (90) days have elapsed from the date of receipt of this letter. ,This assurance applies to you,
your family, your business or farm operation, or personal property you may own. Further, you will be
given a written notice which will specify the actual date by which the property must be vacated and
surrendered to the Boynton Beach Community Redevelopment Agency. You will receive this latter
notice at least thirty (30) days prior to the date specified.
It is the sincere desire of the Boynton Beach Community Redevelopment Agency to assist you in your
relocation necessitated by this acquisition and to answer any questions you may have. Should you
desire further information, our Relocation Assistance Office is located at: 1424 South Andrews Avenue,
Suite 200, Fort Lauderdale, Florida 33316.
RECEIPT ACKNOWLEDGED:
(1) Original Owner/Tenant
(2) Copy to File
Sincerely,
THE URBAN GROUP, TNC.
, Agents for Boynton Beach CRA
~Pr)~jeCk~4anager, Relocation Services
5937
BBCRA-R-O1
BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
AGREEMENT FOR PIIRCHA,qE AND ,qAI,E OF REA1, PROPERTY
This Agreement for Purchase and Sale of Real Property (hereinafter the "Agreement"), is
made and entered into as of the 17th day of AxtgusI_, 2004, by and between BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as "Buyer") and _
Denise Scott (hereinafter referred as "Seller").
In consideration of the mutual agreements set forth below, the parties agree as follows:
1.0 Definitions. The following terms when used in this Agreement shall have the
following meanings:
1.1 Buyer. BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY, a public body corporate and public, created pursuant to Chapter 163 of the Florida
Statutes.
1.2 ~. THE URBAN GROUP, INC., a Florida Corporation
authorized to negotiate this Agreement and make deposits on behalf of the Buyer
1.3 Closing. The delivery of the Deeds to Buyer concurrently with the delivery
of the Purchase Price to Seller.
1.4 Closin~ Date_
Paragraph 10 below.
The date of the Closing as determined in accordance with
1.5 Deed, One (1) Statutory General Warranty Deed which shall convey the
Property fi.om Seller to Buyer.
1.6 Effective Date. The date that this Agreement is executed by the last party to
sign it, party for purposes of this section only are Seller and Buyer's Agent.
1.7 Governmental Authority,, Any federal, state, county, municipal or other
governmental department, entity, authority, commission, board, bureau, court, agency or any
instrumentality of any of them which has jurisdiction over the Property.
1.8 Governmental Requirement. Any law, enactment, statute, code, ordinance,
rule, regulation, judgment, decree, writ, injunction, franchise, permit, certificate, license,
authorization, agreement, or other direction or requirement of any Governmental Authority now
existing or hereafter enacted, adopted, promulgated, entered, or issued applicable to the Property, or
to any appurtenances, structure, use or facility, o.n or adjacent to, the Property.
1.9 Property. That certain real property located in the City of Boynton Beach,
Palm Beach County, Florida, and more particularly described as parcel on Exhibit "A" attached
hereto and made a part hereof, together with all improvements, property rights, easements,
privileges and appurtenances thereto.
5938
1.10 Pm:chase3Er~. The price the Buyer shall pay the Seller for the Property as
more fully set forth in Paragraph 3 below.
1.11 ~qeller. For purposes of this Agreement, the Seller of the Property.
1.12 Title Commitment. A title insurance commitment issued by or written on
the Title Company, agreeing to issue the Title Policy to Buyer upon payment of the Purchase Price
and recording of the Deed and execution and recording (if applicable) of other closing documents.
1.13 Title Company. The title insurance company, licensed and authorized to
conduct business in the State of Florida as selected by Buyer.
1.14 Title Policy. An ALTA Form B Owner's Title Insurance Policy in the
amount of the Purchase Price, insuring Buyer's title to the Property, subject only to the Permitted
Exceptions.
2.0 Dent)sit and Ri2ht to Close.
2.1 For good and valuable consideration of the deposit set forth below paid by
Buyer to Seller, Seller hereby grants to Buyer and Buyer hereby accepts from Seller the right to
purchase and acquire the Property from Seller on the terms and conditions hereinafter set forth such
that the payment of the Purchase Price shall be as set forth in Section 3.0. Buyer shall place a non-
refundable deposit of l, ire Thousand Dollars ($_5,fl[}llX}l~) with Buyer's Agent who shall tender
said amount to Seller on the date this Agreement is effective. This deposit and any deposit held
pursuant to Section 2.3 shall be subtracted from the total purchase price.'
2.2 Buyer shall be obligated to give Seller notice within 30 days
of the Effective Date, that Buyer has elected to close in accordance with this Agreement.
Whereupon, Seller shall be obligated to provide to Buyer all prior title policies and surveys in its
possession pertaining to the subject real property.
N/A
2.3 Upon exercise of the right to close, Buyer shall place a second deposit of
Dollars ($ 0_00 ) with Buyer's Agent.
2.4 If Buyer does not exercise this right to close within the period stated above
in Paragraph 2.1, this right of the Buyer shall automatically and immediately terminate without
notice and the parties shall automatically be released from further liability hereunder. In the event
Buyer fails to exercise this right, Seller shall retain the deposit sum paid as stated in Section 2.1 as
the sole and exclusive remedy for failure of Buyer to close.
3.0 Pa~/aase.~aSr. e. The total Purchase Price for the Property to be purchased by the
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, from the Seller, is the sum
Jof .~ .. t - u~ , ,,,,,,.,ac, d DOLLARS xc$~,;t309~ The purchase shall be
cool'regent upon the following.
5939
2
3.1 Buyer's receipt of an appraisal for the Property reflecting that the property
has a fair market value equal to or exceeding the purchase price unless purchase is otherwise
approved by the CRA Board.
3.2 Approval of the Agreement and right to close by the Buyer, CRA Board, on
or before September 15th ,2004.
3.3 The Buyer's obligation to close on the Property is contingent on Buyer
cqumng the parcel for the sum total ~ .....................
3.4 Buyer's obligation to consummate the transaction referenced herein is
contingent on the Seller conveying the real property free and clear of all liens, leases, claims and
interest of third parties.
4.0 Inspections. Buyer shall have until the "closing date", to make any inspections it
deems necessary. (the "Inspection Period"). During the Inspection Period, Buyer may determine
that the Property has adequate services available and that all Federal, State, County and local laws,
rules and regulations have been and are currently being complied with relative to the Property. This
Agreement is contingent upon Buyer, at its sole cost and expense, obtaining and accepting a
satisfactory Phase I Environmental Audit and an asbestos survey which may include sampling of
the property. Seller consents to all sampling that may be required to complete the asbestos survey.
In the event that the Phase I Environmental Audit reveals the existence or the potential existence of
contamination, hazardous conditions, hazardous waste or other adverse conditions as defined by
apphcable Federal and State Statutes, Rules and Regulations, then Buyer shall have the right of
obtaining a Phase II Audit of the property. In the event that any inspections and any review of
documents conducted by the Buyer relative to the Property during the period prior to the Closing
Date prove unsatisfactory in any fashion, the Buyer, at its sole discretion, shall be entitled to
terminate this Agreement by providing written notice to Seller and receive an immediate refund of
any deposits made pursuant to Paragraph 2.3 only or proceed to closing as set forth.
5.0 Evidence of Title.
5.1 Delivew of Title Commitment. Within twenty (20) days of the Buyer's
BBCRA Board approval of the right to purchase, Buyer shall obtain a Title Commitment, at
Buyer's cost, and shall deliver a copy of the Title Commitment to Seller's attorney within three (3)
days of receipt of the title commitment.
5.2 Marketable Title. Seller shall convey marketable title to the Property,
subject to the Permitted Exceptions. Marketable Title shall be determined according to the Title
Standards adopted by authority of The Flor/da Bar and in accordance with law. Buyer shall have
ten (10) days from the date of receiving the Title Commitment to examine same. If title is found
defective, Buyer shall within ten (10) days of receiving the title commitment notify Seller in writing
of any specific title defects. If Seller has not received written notice from Buyer of a title defect,
Buyer shall waive any title objections, and accept the title in its existing condition. The Buyer's
notice of the title defects shall include a statement of how the defects should be cured. If said
defects render title unmarketable (other than encumbrances that would otherwise be paid at
5940
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 $ 2:000.00
or initiate litigation in order to cure or correct any noticed title defect; and if Seller is unsuccessful
in removing such defects within said time, Buyer shall have the option of either accepting the title
in its existing condition without a reduction of the Purchase Price, or of terminating this Agreement
by sending written notice of termination to Seller within ten (10) days after being notified by Seller
that Seller was unsuccessful in removing such defect(s). Upon the termination of this Agreement,
neither Buyer nor Seller shall have any further rights or obligations hereunder except as provided in
this Agreement. Seller agrees that if title is found to be unmarketable, Seller will use diligent
efforts to correct all defects in title, within the time provided therefore, and subject to the limitations
stated above.
6.0 Survey. Prior to the Closing Date, Buyer may obtain at its expense a survey (the
"Survey") of the Property showing all improvements thereon prepared by a land surveyor or
engineer registered and licensed in the State of Florida. The Survey shall show the legal description
of the Property to be the same as Exhibit "A" attached hereto. The Buyer may require any
reasonable revision to the legal description so long as any such revision does not result in Seller
being required to convey any lands or rights other than those described to be within the Property
described on Exhibit "A" attached hereto. Any objections must be delivered to Seller's attorney no
later than the twenty (20) days prior to Closing Date.
7.0 Seller's Representation. Seller hereby represents and warrants to Buyer as of the
Effective Date and as of the Closing Date as follows:
7.1 Seller's Authori~. Seller has legal right and 'ability to sell the Property
pursuant to this Agreement. The execution and delivery of this Agreement by Seller and the
consummation by Seller of the transaction contemplated by this Agreement is within Seller's
capacity and all requisite action has been taken to make this Agreement valid and binding on Seller
in accordance with its terms.
7.2 ]Sa~Legai~ar. The execution by Seller of this Agreement and the
consummation by Seller of the transaction hereby contemplated does not, and on the Closing Date
will not, result in a breach of, or default under, any indenture, agreement, lease, instrument, pending
guardianship, obligation or the agreement of limited partnership, limited partnership certificate or
related instruments affecting the Seller, to which Seller is a party and which affects all or any
portion of the Property, or to Seller's knowledge, constitutes a violation of any Governmental
Requirement.
7.3 No Default. Seller is not in default under any indenture, mortgage, deed
of trust, loan agreement, lease or other agreement to which Seller is a party and which affects any
portion of the Property.
7.4 Title, Seller is the owner of marketable title to the Property, free and clear
of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions and
encumbrances of records which will be paid at Closing.
4
7.5 I2Iigafirm. There are no actions, suits, proceedings or investigations
pending or, to the knowledge of Seller, threatened against Seller or the Property affecting any
.,.portion of the Property.
7.6 Part/es in Possess/an. There are no parties other than Seller in po_ression~ of
.,~ a I ~my portion of the Property as a lessee with the exception of Pa~-.-.~la & Tev;n Will;an~-/ , tenant
x,,, ~ //at sufferance, or trespasser, hereinabove set forth in connection with the current use of the Property.
~ Seller may allow use by others during term of this Agreement, but Property shall be vacant at time
of closing. Seller shall be obligated to insure that any lease presently in effect, as of the date of this
Agreement shall be terminated by providing lawful notice to the tenants and obtaining the
possession of the property.
7.7 l:lnyer's Remedies for Seller's Misrepresentations. In the event that Buyer
becomes aware prior to Closing that any of Seller's Warranties or representations set forth in this
Agreement are not true any time prior to Closing, and in the event Seller is unable to render any
such representation or warranty true and correct as of the Closing Date, Buyer may either: (a)
terminate this Agreement by written notice thereof to Seller, in which event the parties will be
relieved of all further obligations hereunder; or (b) elect to close under this Agreement
notwithstanding the failure of such representation and warranty, in which event the Closing shall be
deemed a waiver by Buyer of the failure of such representation and warranty.
8.0 Buyer's Representaticms. The Buyer hereby represents and warrants to the
Seller as of the Closing Date that Buyer has full and complete authority subject to laws applicable
to Buyer, to purchase the Property and to comply with the terms of this Agreement, and the
execution and delivery of this Agreement by Buyer and the consummation by Buyer of the
transaction hereby contemplated are within Buyer's capacity and all requisite action has 'been taken
to make this Agreement valid and binding on Buyer in accordance with its terms.
9.0 Conditions Precedent to Closing. Each of the following events or occurrences
(the "Conditions Precedent") shall be a Condition Precedent to Buyer's obligation to close this
transaction. If the Conditions Precedent have not been satisfied on or before the Closing Date,
Seller shall have ten (10) days within which to satisfy the unsatisfactory condition and should Seller
not have done so within said 1 O-day period, Buyer shall have the right to either (a) terminate this
Agreement by giving notice thereof to Seller, whereupon Buyer and Seller shall be relieved of all
further obligations under this Agreement; or (b) waive the condition and close.
9.1 Representations. The material representations and warranties made by
Seller in this Agreement shall be true and correct on the Closing Date subject to the 10-day
extension provided in Paragraph 9 above.
9.2 Seller's Ohli?tions. Seller shall have performed all covenants, agreements,
and obhgations and complied with all conditions required by this Agreement to be performed or
complied with by Seller prior to the Closing Date.
5
9.3 The Property shall be fi:ee and clear of any persons, tenants, personal
property of any kind or related appurtenances on the Closing Date. In the event Seller is unable to
satisfy this representation, the Buyer shall have the option to extend the closing for thirty (30) days
to insure that the Property is vacant.
9.4 Seller shall make available (at Seller's office or Seller's attorney's office) to
Buyer no later than twenty (20) days following the Effective Date of this Agreement, copies of all
documents which Seller may have in its possession pertaining to the Property including, but not
limited to, building plans, architectural plans, building permits, impact fee assessments, notices of
special assessments, notices of sewer fees and water fees, unrecorded restrictive covenants, variance
applications/approvals, special exception application/approvals, engineering plans, unrecorded
developer agreements, environmental reports, surveys and prior title insurance policies, title
commitments, and title exceptions pertaining thereto.
9.5 Seller has no actual knowledge nor has it received any written notice that
there has been any discharge of hazardous material at the Property. As used herein, the term
"Hazardous Material" shall mean any substance, water or material which has been determined by
any state, federal or local government authority to be capable of posing a risk of injury to health,
safety and property, including, but not limited to, all of those materials, wastes and substances
designated as hazardous or toxic by the U. S. Environmental Protection Agency, the U. S.
Department of Labor, the U.S. Department of Transportation, or any other state or local
governmental agency now or hereafter authorized to regulate materials and substances in the
environment (collectively "Governmental Authority(ies)"). Seller acknowledges that Buyer must
rely on its Environmental reports and assessments as Seller is not aware of Property's
environmental condition other than as stated above.
9.6 Seller shall continue to possess the property until closing and shall maintain
the same in its present condition, reasonable wear from ordinary use excepted. Risk of loss from
fire, casualty, or other liabilities not caused by the Buyer's gross negligence or intentional acts, shall
be Seller's until closing. Seller shall maintain adequate 'insurance against loss, including extended
coverage, during such period. If the property is damaged by fire or other casualty to closing, Buyer
shall have the right to take the property "as is" together with insurance proceeds, if any, or receive a
reduction in the purchase price of the property in an amount equal to the loss. The parties shall
agree to the reduction, if any, but if the parties cannot agree upon the amount of loss, an
independent appraiser/adjuster shall be selected whose determination shall be binding. The cost of
the appraiser/adjuster shall be borne equally by the parties hereto.
10.0 Closing. The Closing shall occur at a mutually agreed time on or before thirty (60)
days from the date this Agreement is approved by the CRA Board and shall take place at a mutually
agreed upon location.
11.0 Seller's Clnsin~ Documents, At
documents ("Seller's Closing Documents'" to Buyer:
closing, Seller shall deliver the following
11.1 General Warranty, Deed. The Statutory General Warranty Deed shall be
duly executed and acknowledged by Seller so as to convey to Buyer good and marketable fee
simple title to the Property free and clear of all liens, encumbrances and other conditions of title,
other than the Permitted Exceptions and exceptions not duly objected to by Buyer.
11.2 Mechanic's Lien Affidavit. A mechanic's lien affidavit in the customary
form, attesting that (a) no individual, entity or Governmental Authority has any claim against the
Property under the applicable mechanic's lien law, (b) no individual, entity or Governmental
Authority is either in possession of the Property or has a promissory interest or claim in the
Property (except Buyer), and (c) no improvements to the Property have been made for which
payment has not been made.
11.3 Gan Affidavit. An affidavit in form and content reasonably satisfactory to
the Title Company to facilitate the insuring of the "gap", i.e., the deleting as an exception to the
Title Commitment any matters appearing between the effective date of the Title Commitment and
the effective date of the Title Policy.
11.4 FIRPTA. A FIRPTA Non-Foreign Entity Transferor Certificate or
Exemption Certificate or document evidencing withholdings, in accordance with Section 1445 of
the Internal Revenue Code.
11.5 D_~2_1_9_. A DR-219 Form as required for recording.
12.0 Fluyer's Closing Documents. At closing, Buyer Shall deliver the following
documents (Buyer's Closing Documents) to Seller;
12.1 Appm_v_al. Written documentation of Buyer's authority to purchase the
property.
13.0 Closing Procedure. The Closing shall proceed in the following manner:
13.1 Transfer of Funds. Buyer shall pay the Purchase Price to the Seller by
transfer of funds to the account designated by Seller.
13.2
Delivery, of Documents, Seller shall deliver Seller's Closing Documents to
the Buyer.
14.0 Closing Costs: and Taxes: Prorations,
14.1 Ad Valorem Taxes. Seller shall comply with Section 196.295, Florida
Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into
escrow with the Palm Beach County Revenue Collector.
7
14.2
the time of Closing:
~the hme of ilo:h~.~:
Seller's Closing Costs. Seller shall pay for the following items prior to or at
Cost of providing marketable title as provided herein;
UkJ~bkl.£1~,lll~l&.y bL~.IIII. JD UII LllV~ YY ~l&lOllk~t
Fluver's Closing Costs. Buyer shall pay for the following items prior to or at
Recording of Deeds; title insurance premium; survey
costs, appraisal costs, Phase I, Phase II (if
applicable), Environmental Assessment Report costs
and related expenses.
15.0 Possession. Buyer shall be granted full possession of the Property at Closing.
16.0 ~. In the event of the institution of any proceedings by any
Governmental Authority which shall relate to the proposed taking of any portion of the Property by
eminent domain prior to Closing, or in the event of the taking of any portion of the Property by
eminent domain prior to Closing, Seller shall promptly notify Buyer and Buyer shall thereafter
within fifteen (15) days after receipt by Buyer of the notice fi:om Seller either (1) terminate this
Agreement, whereupon Seller and Buyer shall be released of all further responsibility and
obligations hereunder; or (2) proceed to close this transaction. Seller hereby agrees to fttrnish
Buyer with written notice of a proposed condemnation within five (5) business days after Seller's
receipt of notification. Should Buyer terminate this Agreement, the parties hereto shall be released
fi:om their respective obligations and liabilities hereunder. Should Buyer elect not to terminate, the
parties hereto shall proceed to Closing and Seller shall assign all of its right, title and interest in all
awards in connection with such taking to Buyer.
17.0 Notice. Notices shall be in writing delivered by hand, or by certified mail, return
receipt requested, or overnight delivery by nationally recognized service, to the addressee at the
address set forth herein, or by facsimile transfer, and shall be deemed to have been delivered on the
date of receipt of such notice, if hand-delivered, or, if mailed, on the date the receipt for which the
certified mail is signed or refused, by the addressee or its authorized agent or employee, or if by
facsimile transfer, by confirmation of transmission. Either party may change the address for notice
to that party by delivering written notice of such change in the manner provided above, such change
to be effective not sooner than ten (10) days after the date of notice of change. If either party relies
upon a hand delivery as described herein, then the party using this medium shall maintain an
appropriate receipt of delivery, in the normal course of business.
AGENT FOR BUYER:
THE URBAN GROUP, INC.
c/o Howard Stei_4.holz, Esquire
1424 S. Andrews Avenue, Suite 200
Fort Lauderdale, FL 33316
As authorized agent for the BBCRA
8
SELLER:
Denise Scott
905 N. Seacrest Boulevard
Boynton Beach, FL 33435
18.0 Default If the Buyer shall fail or refuse to consummate the transaction in accordance
with the terms and provisions of this agreement, all deposits and interest shall be forfeited to Seller
as agreed upon liquidated damages. In the event of such default by Buyer, Seller's sole and entire
remedy shall be restricted to retention of the deposit plus alt accrued interest, if any, and Buyer
shall have no other responsibility or liability of any kind to Seller by virtue of such default.
In the event of a default by Seller, the Buyer shall have all remedies available to it which shall
include the return of the earnest money and accrued interest as liquidated damages and/or equitable
relief such as specific performance. The Buyer should be entitled to equitable relief to enforce the
terms and conditions of this agreement either through a decree for specific performance or
injunctive relief.
19.0 Miscellar~:ms.
19.1 ~. This Agreement may be executed in any number of
counterparts, any one and all of which shall constitute the contract of the parties. The paragraph
headings herein contained are for the purposes of identification only and shall not be considered in
construing this Agreement.
19.2 Amendment. No modification or amendment of this Agreement shall be of
any force or effect unless in writing executed by both Seller and Buyer.
19.3 Attorneys' Fees. If any party obtains a judgment against any other party by
reason of breach of this Agreement, attorneys' fees and costs shall be included in such judgment.
19.4 Governing l.aw and Venue. This Agreement shall be interpreted in
accordance with the laws of the State of Florida, both substantive and remedial and venue shall be
in Palm Beach County, Florida.
19.5 Entire Agreement. This Agreement set forth the entire agreement between
Seller and Buyer relating to the Property and all subject matter herein and supersedes all prior and
contemporaneous negotiations, understandings and agreements, written or oral, between the parties.
19.6 Computation of Dates..If any date computed in the manner herein set forth
fails on a legal holiday or non-business day or non-banking day, then such date shall be extended to
the fn:st business day following said legal holiday or non-business day or non-banking day.
9
19.7 No Recording. This Agreement or any notice or memorandum hereof may
not be recorded in the public records of any county in the State of Florida.
19.8 No Brokers. Seller and Buyer each represent to the other that it has not dealt
with any commissioned broker, salesperson or agent in connection with the execution and delivery
of this Agreement, and the other party shall not be required to pay any commission whatsoever with
respect to this Agreement resulting from the actions of the party making such representations.
Seller and Buyer in accordance with the limitations of the Florida Statutes and law, each indemnify
and hold each other harmless from and against any and all losses, costs, damages, liabihfies and
expenses (including without limitation, reasonable attorneys' and paralegal fees) resulting from a
breach by the indemnifying party of the foregoing representation.
19.9 Acceptance of Deed. The acceptance of the Deed by Buyer shall be deemed
full performance and discharge of every agreement and obligation on the part of Seller to be
performed pursuant to this Agreement, except those which are specifically stated to survive
delivery of the Deeds and closing.
19.10 Imm:p. mlatkm. Should any term or provision of this Agreement be subject to
judicial interpretation, it is agreed by Seller and Buyer that the court interpreting or construing the
same shall not apply a presumption that the term or provision shall be more strictly construed
against the party who itself or through its agents and attorneys of each party have participated in the
preparation of the terms and provisions of this Agreement and that all terms and provisions have
been negotiated.
19.11 Capticms; Heading.q: Etc_ Captions, headings, section and subsection
numbers in this Agreement are for convenience and reference only, and shall have no effect upon
the meaning of any of the terms or provision herein.
19.12 Waiver. Failure of either party to insist upon compliance with any term or
provision hereof shall not constitute a waiver thereof, and no waiver of any term or provision of this
Agreement shall be effective unless it is in writing and signed by the party against whom it is
asserted. Any waiver of any term or provision of this Agreement shall only be applicable to the
specific term or provision and instance to which it is related, and shall not be deemed to be a
continuing or future waiver as to such term or provision or as to any other term or provision.
19.13 No Third Party Beneficiary. The terms and provisions of this Agreement are
for the exclusive benefit of Seller and Buyer, and not for the benefit of any third party, and this
Agreement shall not be deemed to have conferred any rights, express or implied, upon any third
party.
19.14 RADON GAS: Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding radon and radon testing may be obtained
from your county health unit.
10
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
indicated below.
WITNESSES:
(Print Name)
(Print Name)
BUYER:
THE URBAN GROUP, INC. as agent for BBCRA
Barbara Matlack
Date Executed:
WITNESSES:
(Print Name)
SELLER:
Denise Scott
(Print Name)
Date Executed:
H:\i 998\980465\AGM'D]?urchaseAndSaleRealProp.doc
11
WITNESSES:
BUYER:
(Print Name)
APPROVED BY CRA BOARD
By:
Chair, Jeanne Havlin
(Print Name)
Date Executed:
12
EXHIBIT "A"
I,EGAI, DESCRIPTION
Boynton Hills, Lot 146, Block D, according to the plat thereof, as recorded in the Official Record
Book, 14799, at page 1121 of the Public Records of Palm Beach County, Flor/da, Situate, lying and
being in Palm Beach County, Florida.
Folio: 08-43-45-21-07-004-1460
13
August24,2004
Mr. Douglas Hutchinson
Director, Boynton Beach
Community Redevelopment Agency
639 East Ocean Avenue, Suite 107
Boynton Beach, Florida 33435
RE:
Signed Purchase Agreement/Parcel 102/Hazel White
Boynton Beach CRA/The Urban Group, Inc.
Dear Mr. Hutchinson:
Attached please find the following documents for the above referenced parcel:
Negotiation Summary & Recommendation for Settlement
Copy of Notice to Owner
Establishment of Just Compensation
Offer of Just Compensation
Summary Statement of Offer of Just compensation
No Brokerage Relationship Disclosure
Two original signed Agreement for Purchase and Sale of Real Property
Title Report
Review Appraiser's Statement
Property Appraisal
Please don't hesitate to contact me if you have any questions or concerns. I can be
reached at 888-522-6226, extension 122.
Our staff looks forward to working with you and your staff, and continuing to provide
real estate consulting services to the CRA.
Sincerely,
THE URBAN GROUP, INC.
Virginia Mammone
Real Estate Specialist
W/Attachments
CC;
Howard Steinholz, The Urban Group, Inc.
Barry Lazarus, The Urban Group, Inc.
5951
The Urban Group, Inc. · 1424 South Andre~vs Avenue · Suite 200 · Fort Lauderdale, Florida 33316
TELEPHONE 954-522-6226 · FAX 954-522-6422
NEGOTIATION SUMMARY &
RECOMMENDATTON FOR SETTLEMENT
Seller:
Site Address:
Legal Description:
Parcel Tdentification Number:
Hazel White
Seacrest Boulevard
Boynton Beach, Florida 33435
Parcel # 102
The south 50 feet of Lot l0 Less road R/W MEEKS ADD
TO BOYNTON BEACH (9-54) as recorded in the public
records of Palm Beach County, Florida.
08-43-45-21-24-000-0103
Property Assessment Value:
Appraised Fair Market Value:
Date of Value:
$7,000.00
$6,000.00
3uly 14, 2004
Seller's Position:
The Urban Group has negotiated a contract to purchase the subject parcel for $7,000.00.
Ms. White was seeking $8,000.00; however, agreed to accept the assessed value of the
property of $7,000.00.
Buyer's Position:
The Boynton Beach CRA (CRA) hired D. Craig Keneipp, an independent State Certified
General Real Estate Appraiser, to appraise the subject property. Based on a date of value
of_July 14, 2004, rvlr. Keneipp determined the fair market value of this property to be
$6,O0O.00.
This contract is contingent on the CRA approving the contract amount and a closing before
October 1, 2004.
The language found in the CRA Standard Contract allows the Buyer to complete due
diligence including an environmental assessment. Tn the event of any adverse findings, the
Buyer has the right to withdraw from the contract without penalty. This clause gives the
buyer the right to cancel the contract by delivering written notice to the seller no later than
5:00 p.m. on the second business day after the investigation period has lapsed.
Comments/Recommendations:
Although, the contract purchase price is 16.67% over the appraised value, the contract
was signed at the assessed value. Comparable sales of similar properties indicated a range
of $7,000.00 to $:[0.000.00 per lot. ]~n the eveflt the City does not purchase this property,
it is likely this property will be sold to a private investor. The Urban Group recommends
accepting this offer.
The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316
TELEPHONE 954-522-6226 · FAX 954-522-6422 · www.theurbangroup.com
Negotiation Summary & Recommendation for Settlement
Hazel White, Seacrest Boulevard, Boynton Beach, Florida
August 24, 2004
Page 2
Respectfully Submitted:
/
Virginia Mammone
Realty Specialist
Barry Lazarus
Project Manager
Date
Boynton Beach CRA Director's Concurrence:
Doug Hutchinson Date
BBCRA Director
Boynton Beach CRA Board Approval:
Jean Heavilin
Chair, BBCRA Board
Attachments:
Date
Appraisal
Review Appraisal
(2) Original Contracts
Copies of Notices provided at initiation of Negotiations
cc: Howard Steinholz, Barry Lazarus, File
The Urban Groupl inc.
5953
NOTICE TO OWNER
August 4, 2004
Hazel White
139 NW 13 Avenue
Boynton Beach, Florida 33425
PROJECT NAME:
PARCEL NO.:
HEART OF BOYNTON
102
RE:
Vacant Residential Land (located West side of Seacrest Boulevard between NW 10 and
11 Street,' 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 Vacant
Residential Land property located on the West side of Seacrest Boulevard between NW 10 and
11 Street, Boynton Beach, Florida 33435. The Agency has identified the area in which your
property is located as a "project" area in which the following improvements may be carried out:
Heart of Boynton Community Redevelopment Plan
Because Federal financial assistance is involved, you are protected by the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (UP, A), as amended.
For your information and review, I 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 acquisition due to the 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.
5954
BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY
NOTICE TO OWNER
3une 6~ 2004
Page 2 of 2
]:f 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 after the initiation of negotiations, may not be entitled
to displaced person assistance from the Agency. Zn 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 UPA assistance for a
displaced person can be quite expensive. Tf you wish to lease a vacant unit to a new tenant,
but not be responsible for displacement assistance, be certain to have the attached Hove-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 relocation 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 Virginia
Mammone, Realty Specialist, at (9[;4) $22-6226, ext. :1.22 or our toll free number (888) .522-
6226, ext. 122.
Any correspondence or documents you wish to submit to the Agency should be mailed to:
The Urban Group, Inc.
1424 South Andrews Avenue, Suite 200
Fort Lauderdale, Florida 33316
Attention: Virginia Mammone
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, INC,
Agents for Boynton Beach CPA
Virginia Mammone
Realty Specialist
Enclosure
ESTABLISHMENT OF .]UST COMPENSAT1'ON
PROPER TY I OCA TED A T
west side of Seacrest Boulevard
mid-way between NW 10th St. and NW 11th St.
Boynl:on Beach, FL 33435
An appraisal prepared and submitted by D. Craig Keneipp, indicates the fair market value for
the property identified above to be $6,000. A review of this appraisal has been made by
Mendel R. Westberry, MA[, 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, Mendel R. Westberry, M.A.I., on behalf of the Boynton Beach Community Redevelopment
Agency, hereby established the just compensation for the property identified above to be
$6,000.
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,
compensation.
Delivered By
are not a part of this establishment of just
Date
ledged By
Date
5956
BoYNToN BEACH
COMMUNITY REDEVELOPMENT AGENCY
August 4, 2004
OFFER OF 3UST COMPENSATION
Hazel White
139 NW 13th Ave.
Boynton Beach, FL 33435-3061
Dear Ms. White:
The purpose of this letter is to make you an offer of just compensation for.your property
located at west side of Seacrest Boulevard, between NWl0 and NW 11 Street, Boynton Beach,
FL__=. Mr. Mendel R. WestberW, M.A.]:., on behalf of the Boynton Beach Community
Redevelopment Agency, has established the amount of just compensation for your property at $
6,000.
This amount is based on the fair market value established by an appraisal and approved by a
review appraiser.
The Boynton Beach Community Redevelopment Agency proposes to purchase your property for
the established fair market value stated above. Attached you will find a Summaw 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. 122, or our toll free number (888) 522-6226, ext. 122. ]: look forward to hearing
from you soon.
Since~/l¥,. ./___~ ..~.
THE URBAN GROUP¢ INC.
Agents for Boynton Beach CRA
: Virginia Mammone
Accompanying Attachments Realty Specialist'
· Establishment of Just Compensation
· Summary Statement of Offer of 3ust Compensation
· Real Estate Agency Disclosure ~957
BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY
SUMMARY STATEMENT OF OFFER OF 3UST COMPENSAT]:ON
Ms. Hazel White
139 NW 13m Avenue
Boynton Beach, FL 33435-306t
PROJECT NAME: HEART OF BOYNTON
PARCEL NO.: 102
Dear Ms. White:
As you are aware, the Boynton Beach Community Redevelopment Agency (CRA) is in the process of acquiring private property for the
above referenced project. A determination has been made that either a part or all 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 description
attached in "Exhibit A" is owned by you.
The interest being acquired in your property is a Fee Simple
]:n 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: N/A
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 redevelopment projects. However, if circumstances are such that this
becomes necessary, the following list will identify those items of personal property being acquired. N/A
You are further advised that the Agency's offer of just compensation for the property required-for the Heart of Boynton project is based
on the Fair Market Value of the property and that the CRA's offer to you is not less than the approved appraised value of the property.
The following represents a summary of the Boynton Beach CRA's offer to you and the basis therefore:
!
Delivered By~
Receipt Ackr~wledged By
Land $ 6,000.00
Real Estate Damages $ N/A
Total $ 6,000.00
This statement of offer is not a contract if you agree to accept this offer, you will be required to sign a contract to sell. Any additional
information you may require can be obtained through the CRA's Representative that contacted you. ]:f the representative is not readily
available, please contact:
The Urban Group, ]:nc., 1424 South Andrews Avenue, Suite 200, Fort Lauderdale, FL 33316 {888) 522-6226, ext. 116 or
Sincerely,
THE URBAN GROUP, ]:NC.
Agents for Boynton Beach CRA
Virginia Mammone
Realty Specialist
Date
Date
BOYNTON BEACH
COMMUN]:TY REDEVELOPMENT AGENCY
NO BROKERAGE RELATI'ONSH1'P D~'SCLOSURE
FLOi~DA LAW REQU'rRES THAT REAL ESTATE LI'CENSEES PROVZDE TH1'S
NOTTCE TO POTENTZAL 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 RELATIONSHIIP NOTfCE
FLORI'DA LAW REQUI'RES THAT REAL ESTATE LTCENSEES WHO HAVE NO
BROKERAGE RELAT1'ONSH1'P WI'TH A POTENTI'AL SELLER OR BUYER DISCLOSE
THE'fA DUTTES TO SELLERS AND BUYERS.
As a real estate licensee who has no brokerage relationship with you, THE URBAN
GROUP, TNC, and its 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.
Date Signature
5959
The Urban Gr6up, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316
TELEPHONE 954-522-6226 · FAX 954-522-6422 · www.theurbangroup.com
BOYNTON BEACH COMMUniTY REDEVELOPMENT AGENCY
A~REEMENT FOR PI~RCHASE AND ~AI,E OF REAl, PROPERTY
This Agreement for Purchase and Sale of Real Property (hereinafter the "Agreement"), is
made and entered into as of the 'Z.;g day of t,~c~c~co5 r , 2004, by and
between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter
referred to as "Buyer") and l-l~el White (hereinafter referred as "Seller").
In consideration of the mutual agreements set forth below, the parties agree as follows:
1.0 Definitions. The following terms when used in this Agreement shall have the
following meanings:
1.1 Bay_er. BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY, a public body corporate and public, created pursuant to Chapter 163 of the Florida
Statutes.
1.2 ~. THE URBAN GROUP, INC., a Florida Corporation
authorized to negotiate this Agreement and make deposits on behalf of the Buyer
1.3 Closing. The delivery of the Deeds to Buyer concurrently with the delivery
of the Purchase Price to Seller.
1.4 Clo.qing D~te, The date of the Closing as determined in accordance with
Paragraph 10 below.
1.5 Deed. One (1) Statutory General Warranty Deed which shall convey the
Property fi.om Seller to Buyer.
1.6 Effective Dam. The date that this Agreement is executed by the last party to
sign it, party for purposes of this section only are Seller and Buyer's Agent.
1.7 Governmental Authority. Any federal, state, county, municipal or other
governmental department, entity, authority, commission, board, bureau, court, agency or any
instrumentality of any of them which has jurisdiction over the Property.
1.8 Governmental Reaj~irement. Any law, enactment, statute, code, ordinance,
rule, regulation, judgment, decree, writ, injunction, fi.anchise, permit, certificate, license,
authorization, agreement, or other direction or requirement of any Governmental Authority now
existing or hereafter enacted, adopted, promulgated, entered, or issued apphcable to the Property, or
to any appurtenances, structure, use or facility, o.~ or adjacent to, the Property.
1.9 Property. That certain real property located in the City of Boynton Beach,
Palm Beach County, Florida, and more particularly described as parcel on Exhibit "A" attached
hereto and made a part hereof, together with all improvements, property rights, easements,
privileges and appurtenances thereto.
59~0
1.10 purchase Price. The price the Buyer shall pay the Seller for the Property as
more fully set forth in Paragraph 3 below.
1.11 Seller. For purposes of this Agreement, the Seller of the Property.
1.12 Title Commitment, A title insurance commitment issued by or written on
the Title Company, agreeing to issue the Title Policy to Buyer upon payment of the Purchase Price
and recording of the Deed and execution and recording (if applicable) of other closing documents.
1.13 T_LtleJ2amtm~. The title insurance company, licensed and authorized to
conduct business in the State of Florida as selected by Buyer.
1.14 Title Policy. An ALTA Form B Owner's Title Insurance Policy in the
amount of the Purchase Price, insuring Buyer's title to the Property, subject only to the Permitted
Exceptions.
2.0 Depa~qit and Right to Cla.qe.
2.1 For good and valuable consideration of the deposit set forth below paid by
Buyer to Seller, Seller hereby grants to Buyer and Buyer hereby accepts fi:om Seller the right to
purchase and acquire the Property from Seller on the terms and conditions hereinafter set forth such
that the payment of the Purchase Price shall be as set forth in Section 3.0. Buyer shall place a non-
refundable deposit of Ten Dollars ($ 10.00 ) with Buyer's Agent who
shall tender said amount to Seller on the date this Agreement is effective. This deposit and any
deposit held pursuant to Section 2.3 shall be subtracted from the total purchase price.
2.2 Buyer shall be obligated to give Seller notice within 45 days
of the Effective Date, that Buyer has elected to close in accordance with this Agreement.
Whereupon, Seller shall be obligated to provide to Buyer all prior title policies and surveys in its
possession pertaining to the subject real property.
NIA
2.3 Upon exercise of the right to close, Buyer shall place a second deposit of
Dollars ($ 0_00 ) with Buyer's Agent.
2.4 If Buyer does not exercise this right to close within the period stated above
in Paragraph 2.1, this right of the Buyer shall automatically and immediately terminate without
notice and the parties shall automatically be released fi:om further liability hereunder. In the event
Buyer fails to exercise this right, Seller shall retain the deposit sum paid as stated in Section 2.1 as
the sole and exclusive remedy for failure of Buyer to close.
3.0 Purcha~qe Price. The total Purchase Price for the Property to be purchased by the
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, from the Seller, is the sum
~0pf~e-'Y-~-~Thnu.q~nct DOLLARS ($~00,0.Q0). The purchase shall be contingent
~' ~,Jap~br~ the'following, r-/, t-.c, go.
3.1 Buyer's receipt of an appraisal for the Property reflecting that the property
has a fair market value equal to or exceeding the purchase price unless purchase is otherwise
approved by the CRA Board.
or before
3.2 Approval of the Agreement and right to close by the Buyer, CRA Board, on
~cmber 1 ,2004.
3.3 The Buyer's obligation to close on the Property is contingent on Buyer
acquiring the parcel for the sum total of _-il~Thmmand ($~,q00.00).
3.4 Buyer's obligation'~off/consummate the transaction referenced herein is
contingent on the Seller conveying the real property free and clear of all liens, leases, claims and
interest of tb2rd parties.
4.0 ln.qpecticm.q. Buyer shall have until the "closing date", to make any inspections it
deems necessary. (the "Inspection Period"). During the Inspection Period, Buyer may determine
that the Property has adequate services available and that all Federal, State, County and local laws,
rules and regulations have been and are currently being complied with relative to the Property. This
Agreement is contingent upon Buyer, at its sole cost and expense, obtaining and accepting a
satisfactory Phase I Environmental Audit and an asbestos survey which may include sampling of
the property. Seller consents to all sampling that may be required to complete the asbestos survey.
In the event that the Phase I Environmental Audit reveals the existence or the potential existence of
contamination, hazardous conditions, hazardous waste or other adverse conditions as defined by
applicable Federal and State Statutes, Rules and Regulations, then Buyer shall have the right of
obtaining a Phase II Audit of the property. In the event that any insPections and any review of
documents conducted by the Buyer relative to the Property during the period prior to the Closing
Date prove unsatisfactory in any fashion, the Buyer, at its sole discretion, shall be entitled to
terminate this Agreement by providing written notice to Seller and receive an immediate refund of
any deposits made pursuant to Paragraph 2.3 only or proceed to closing as set forth.
5.0 Evidence of Title.
5.1 Delivery, of Title Commitment_ Within twenty (20) days of the Buyer's
BBCRA Board approval of the right to purchase, Buyer shall obtain a Title Commitment, at Buyer's
cost, and shall deliver a copy of the Title Commitment to Seller's attorney within three (3) days of
receipt of the title commitment.
5.2 Market,hie Title. Seller shall convey marketable title to the Property,
subject to the Perrrfitted Exceptions. Marketable Title shall be determined according to the Title
Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have
ten (10) days from the date of receiving the Title Commitment to examine same. Ii'title is found
defective, Buyer shall within ten (10) days ofredeiving the title commitment notify Seller in writing
of any specific title defects. If Seller has not received written notice from Buyer of a title defect,
Buyer shall waive any title objections, and accept the title in its existing condition. The Buyer's
notice of the title defects shall include a statement of how the defects should be cured. If said
defects render title unmarketable (other than encumbrances that would otherwise be paid at
5962
closing), Seller shall have fifteen (15) days fi:om receipt of notice within which to remove said
defects, providing that Seller shall not be obligated to spend more than $ 10~000.00
or initiate htigation in order to cure or correct any noticed title defect; and if Seller is unsuccessful
in removing such defects within said time, Buyer shall have the option of either accepting the title
in its existing condition without a reduction of the Purchase Price, or of terminating this Agreement
by sending written notice of termination to Seller within ten (10) days after being notified by Seller
that Seller was unsuccessful in removing such defect(s). Upon the termination of this Agreement,
neither Buyer nor Seller shall have any further rights or obligations hereunder except as provided in
this Agreement. Seller agrees that if title is found to be unmarketable, Seller will use dihgent
efforts to correct all defects in title, within the time provided therefore, and subject to the limitations
stated above.
6.0 Sum~. Prior to the Closing Date, Buyer may obtain at its expense a survey (the
"Survey") of the Property showing all improvements thereon prepared by a land surveyor or
engineer registered and licensed in the State of Florida. The Survey shall show the legal description
of the Property to be the same as Exhibit "A" attached hereto. The Buyer may require any
reasonable revision to the legal description so long as any such revision does not result in Seller
being required to convey any lands or rights other than those described to be within the Property
described on Exhibit "A" attached hereto. Any objections must be delivered to Seller's attorney no
later than the twenty (20) days prior to Closing Date.
7.0 Seller',q Repre.qent~tion. Seller hereby represents and warrants to Buyer as of the
Effective Date and as of the Closing Date as follows:
7.1 Seller'.q Anthcwi~, Seller has legal right and ability to sell the Property
pursuant to this Agreement. The execution and delivery of this Agreement by Seller and the
consummation by Seller of the transaction contemplated by this Agreement is within Seller's
capacity and all requisite action has been taken to make this Agreement valid and binding on Seller
in accordance with its terms.
7.2 ~. The execution by Seller of this Agreement and the
consummation by Seller of the transaction hereby contemplated does not, and on the Closing Date
will not, result in a breach of, or default under, any indenture, agreement, lease, instrument, pending
guardianship, obligation or the agreement of limited partnership, limited partnership certificate or
related instruments affecting the Seller, to which Seller is a party and which affects all or any
portion of the Property, or to Sellerfs knowledge, constitutes a violation of any Governmental
Requirement.
7.3 No Default, Seller is not in default under any indenture, mortgage, deed
of trust, loan agreement, lease or other agreement to which Seller is a party and which affects any
portion of the Property.
7.4 Title. Seller is the owner of marketable title to the Property, free and clear
of all liens, encumbrances and restrictions of any kind,-except the Permitted Exceptions and
encumbrances of records which will be paid at Closing.
5963
4
7.5 T,itig~tion. There are no actions, suits, proceedings or investigations
pending or, to the knowledge of Seller, threatened against Seller or the Property affecting any
portion of the Property.
7.6 Parties in Posse,qsirm. There are no parties other than Seller in possession of
any portion of the Property as a lessee ~vith the exception of N/A , tenant at sufferance,
or trespasser, hereinabove set forth in connection with the current use of the Property. Seller may
allow use by others during term of this Agreement, but Property shall be vacant at time of closing.
Seller shall be obligated to insure that any lease presently in effect, as of the date of this Agreement
shall be terminated by providing lawful notice to the tenants and obtaining the possession of the
property.
7.7 Fluyer's Remedies fnr Seller's Mi~repre~qentations, In the event that Buyer
becomes aware prior to Closing that any of Seller's warranties or representations set forth in this
Agreement are not true any time prior to Closing, and in the event Seller is unable to render any
such representation or warranty true and correct as of the Closing Date, Buyer may either: (a)
terminate th/s Agreement by written notice thereof to Seller, in which event the parties will be
reheved of all further obligations hereunder; or (b) elect to close under this Agreement
notwithstanding the failure of such representation and warranty, in which event the Closing shall be
deemed a waiver by Buyer of the failure of such representation and warranty.
8.0 Fluyer'.qRepresentafir)ns. The Buyer hereby represents and warrants to the
Seller as of the Closing Date that Buyer has full and complete authority subject to laws applicable
to Buyer, to purchase the Property and to comply with the terms ,of this Agreement, and the
execution and delivery of this Agreement by Buyer and the consummation by Buyer of the
transaction hereby contemplated are within Buyer's capacity and all requisite action has been taken
to make this Agreement valid and binding on Buyer in accordance with its terms.
9.0 Conditions Precedent to Closing, Each of the following events or occurrences
(the "Conditions Precedent") shall be a Condition Precedent to Buyer's obligation to close this
transaction. If the Conditions Precedent have not been satisfied on or before the Closing Date,
Seller shall have ten (10) days within which to satisfy the unsatisfactory condition and should Seller
not have done so within said 10-day period, Buyer shall have the right to either (a) terminate this
Agreement by giving notice thereof to Seller, whereupon Buyer and Seller shall be reheved of all
further obligations under this Agreement; or (b) waive the condition and close.
9.1 Renresentatians. The material representations and warranties made by
Seller in this Agreement shall be true and correct on the Closing Date subject to the 10-day
extension provided in Paragraph 9 above.
9.2 Seller's Obligatians. Seller shall have performed all covenants, agreements,
and obligations and complied with all conditiohs required by this Agreement to be performed or
complied with by Seller prior to the Closing Date.
9.3 The Property shall be free and clear of any persons, tenants, personal
property of any kind or related appurtenances on the Closing Date. In the event Seller is unable to
satisfy this representation, the Buyer shall have the option to extend the closing for thirty (30) days
to insUre that the Property is vacant.
9.4 Seller shall make available (at Seller's office or Seller's attorney's office) to
Buyer no later than twenty (20) days following the Effective Date of this Agreement, copies of all
documents which Seller may have in its possession pertaining to the Property including, but not
limited to, building plans, architectural plans, building permits, impact fee assessments, notices of
special assessments, notices of sewer fees and water fees, unrecorded restrictive covenants, variance
applications/approvals, special exception application/approvals, engineering plans, unrecorded
developer agreements, environmental reports, surveys and prior title insUrance pohcies, title
commitments, and title exceptions pertaining thereto.
9.5 Seller has no actual knowledge nor has it received any written notice that
there has been any discharge of hazardous material at the Property. As used herein, the term
"Hazardous Material" shall mean any substance, water or material which has been determined by
any state, federal or local government authority to be capable of posing a risk of injury to health,
safety and property, including, but not limited to, all of those materials, wastes and substances
designated as hazardous or toxic by the U. S. Environmental Protection Agency, the U. S.
Department of Labor, the U.S. Department of Transportation, or any other state or local
governmental agency now or hereafter authorized to regulate materials and substances in the
environment (collectively "Governmental Authority(ies)"). Seller acknowledges that Buyer must
rely on its Environmental reports and assessments as Seller is not aware of Propert2ds environmental
condition other than as stated above.
9.6 Seller shall continue to possess the property until closing and shall maintain
the same in its present condition, reasonable wear from ordinary use excepted. Risk of loss from
fire, casualty, or other liabihties not caused by the Buyer's gross negligence or intentional acts, shall
be Seller's until closing. Seller shall maintain adequate insurance against loss, including extended
coverage, during such period. I/the property is damaged by fire or other casualty to closing, Buyer
shall have the right to take the property "as is" together with insUrance proceeds, if any, or receive a
reduction in the pUrchase price of the property in an amount equal to the loss. The parties shall
agree to the reduction, if any, but if the parties cannot agree upon the amount of loss, an
independent appraiser/adjuster shall be selected whose determination shall be bind/ng. The cost of
the appraiser/adjuster shall be borne equally by the parties hereto.
10.0 Clo.qing. The Closing shall occur at a mutually agreed time on or before thirty (60)
days from the date this Agreement is approved by the CRA Board and shall take place at a mutually
agreed upon location.
11.0 .qeller'.q Closing Documents. At closing, Seller shall dehver the following
documents ("Seller's Closing Documents") to Buyer:
5965
6
11.1 General Warranty Deed. The Statutory General Warranty Deed shall be
duly executed and acknowledged by Seller so as to convey to Buyer good and marketable fee
simple title to the Property free and clear of all liens, encumbrances and other conditions of title,
other than the Permitted Exceptions and exceptions not duly objected to by Buyer.
11.2 Mechanic's Lien Affidavit. A mechanic's lien affidavit in the customary
form, attesting that (a) no individual, entity or Governmental Authority has any claim against the
Property under the applicable mechanic's lien law, (b) no individual, entity or Governmental
Authority is either in possession of the Property or has a promissory interest or claim in the
Property (except Buyer), and (c) no improvements to the Property have been made for which
payment has not been made.
11.3 Gap Affidavit. An affidavit in form and content reasonably satisfactory to
the Title Company to facilitate the insuring of the "gap", i.e., the deleting as an exception to the
Title Commitment any matters appearing between the effective date of the Title Commitment and
the effective date of the Title Policy.
11.4 FIRPTA. A F1RPTA Non-Foreign Entity Transferor Certificate or
Exemption Certificate or document evidencing withholdings, in accordance with Section 1445 of
the Internal Revenue Code:
11.5 -D_R2_Lg_. A DR-219 Form as required for recording.
12.0 Buyer's Closing Document~. At closing, Buyer
documents (Buyer's Closing Documents) to Seller;
shall deliver the
following
12.1 Approval. Written documentation of Buyer's authority to purchase the
property.
13.0 Closing Procedure. The Closing shall proceed in the following manner:
13.1 Transfer of Funds. Buyer shall pay the Purchase Price to the Seller by
transfer of funds to the account designated by Seller.
13.2 Delivery of Doc~ments. Seller shall deliver Seller's Closing Documents to
the Buyer.
14.0 Closing Co.qts, and Taxes, Prorationa.
14.1 Ad Valorem Taxes. Seller shall comply with Section 196.295, Florida
Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into
escrow with the Palm Beach CounW Revenue Collector.
5966
14.2
the time of Closing:
Seller'.q Clo.qing Costs. Seller shall pay for the following items prior to or at
Cost of providing marketable title as provided herein;
documentary stamps on the Warranty Deed.
14.3
the time of Closing:
Flnyer'.q Clawing Casts.
Buyer shall pay for the following items prior to or at
Recording of Deeds; title insurance premium; survey
costs, appraisal costs, Phase I, Phase lI (if applicable),
Environmental Assessment Report costs and related
expenses.
15.0 ~. Buyer shall be granted full possession of the Property at Closing.
16.0 Condemnation. In the event of the institution of any proceedings by any
Governmental Authority which shall relate to the proposed taking of any portion of the Property by
eminent domain prior to Closing, or in the event of the taking of any portion of the Property by
eminent domain prior to Closing, Seller shall promptly notify Buyer and Buyer shall thereafter
within fifteen (15) days after receipt by Buyer of the notice from Seller either (1) terminate this
Agreement, whereupon Seller and Buyer shall be released of all further responsibility and
obligations hereunder; or (2) proceed to close this transaction. Seller hereby agrees to furnish
Buyer with written notice of a proposed condemnation within five (5) business days after Seller's
receipt of notification. Should Buyer terminate this Agreement, the parties hereto shall be released
from their respective obligations and liabilities hereunder. Should Buyer elect not to terminate, the
parties hereto shall proceed to Closing and Seller shall assign all of its right, title and interest in all
awards in connection with such taking to Buyer.
17.0 Notice. Notices shall be in writing delivered by hand, or by certified mail, remm
receipt requested, or overnight delivery by nationally recognized service, to the addressee at the
address set forth herein, or by facsimile transfer, and shall be deemed to have been delivered on the
date of receipt of such notice, if hand-delivered, or, if mailed, on the date the receipt for which the
certified mail is signed or refused, by the addressee or its authorized agent or employee, or if by
facsimile transfer, by confirmation of transmission. Either party may change the address for notice
to that party by delivering written notice of such change in the manner provided above, such change
to be effective not sooner than ten (10) days after the date of notice of change. If either party relies
upon a hand delivery as described herein, then the party using this medium shall maintain an
appropriate receipt of delivery, in the normal course of business.
AGENT FOR BUYER:
THE URBAN QROUP, INC.
c/o Howard Steinholz, Esquire
1424 S. Andrews Avenue, Suite 200
Fort Lauderdale, FL 33316
As authorized agent for the BBCRA
5967
8
SELLER:
Hazel White
139 l',rW 13th Avenue
Boynton Beach, FL 33435-3061
18.0 Defmflt If the Buyer shall fail or refuse to consummate the transaction in accordance
with the terms and provisions of this agreement, all deposits and interest shall be forfeited to Seller
as agreed upon liquidated damages. In the event of such default by Buyer, Seller's sole and entire
remedy shall be restricted to retention of the deposit plus all accrued interest, if any, and Buyer shall
have no other responsibility or liability of any kind to Seller by virtue of such default.
In the event of a default by Seller, the Buyer shall have all remedies available to it which shall
include the return of the earnest money and accrued interest as liquidated damages and/or equitable
relief such as specific performance. The Buyer should be entitled to equitable relief to enforce the
terms and conditions of this agreement either through a decree for specific performance or
injunctive relief.
19.0 Mi.qcellanemm.
19.1 Counterparts. Tiffs Agreement may be executed in any number of
counterparts, any one and all of ~vhich shall constitute the contract of the parties. The paragraph
headings herein contained are for the purposes of identification only and shall not be considered in
construing this Agreement.
19.2 Amendment. No modification or amendment of this Agreement shall be of
any force or effect unless in writing executed by both Seller and Buyer.
19.3 Attnrnevs' Fees. If any, party obtains a judgment against any other party by
reason of breach of this Agreement, attorneys' fees and costs shall be included in such judgment.
19.4 Governing T,aw and Venue, This Agreement shall be interpreted in
accordance with the laws of the State of Florida, both substantive and remedial and venue shall be
in Palm Beach County, Florida.
19.5 Entire A~eement. This Agreement set forth the entire agreement between
Seller and Buyer relating to the Property' and all subject matter herein and supersedes all prior and
contemporaneous negotiations, understandings and agreements, written or oral, between the parties.
19.6 C(~mputation (~f Date~..If any date computed in the manner herein set forth
fails on a legal holiday or non-business day or non-banking day, then such date shall be extended to
the first business day following said legal holiday or non-business day or non-banking day.
5968
9
19.7 No Recording. This Agreement or anynotice or memorandum hereof may
not be recorded in the public records of any county in the State of Flor/da.
19.8 No Rroker.q. Seller and Buyer each represent to the other that it has not dealt
with any commissioned broker, salesperson or agent in connection with the execution and delivery
of this Agreement, and the other party shall not be required to pay any commission whatsoever with
respect to this Agreement resulting from the actions of the party making such representations.
Seller and Buyer in accordance with the limitations of the Florida Statutes and law, each indemnify
and hold each other harmless from and against any and all losses, costs, damages, habilities and
expenses (including without limitation, reasonable attorneys' and paralegal fees) resulting from a
breach by the indemnifying party of the foregoing representation.
19.9 Acceptance c~fDeed, The acceptance of the Deed by Buyer shall be deemed
full performance and discharge of every agreement and obligation on the part of Seller to be
performed pursuant to this Agreement, except those which are specifically stated to survive delivery
of the Deeds and closing.
19.10 lntepretation_ Should any term or provision of this Agreement be subject to
judicial interpretation, it is agreed by Seller and Buyer that the court interpreting or construing the
same shall not apply a presumption that the term or provision shall be more strictly construed
against the party who itself or through its agents and attorneys of each party have participated in the
preparation of the terms and provisions of this Agreement and that all terms and provisio .ns have
been negotiated.
19.11 C.~ptions: Heading,q; F, tc_ Captions, headings, section and subsection
numbers in this Agreement are for convenience and reference only, and shall have no effect upon
the meaning of any of the terms or provision herein.
19.12 Waiver, Failure of either party to insist upon compliance with any term or
provision hereof shall not constitute a waiver thereof, and no waiver of any term or provision of this
Agreement shall be effective unless it is in writing and signed by the party against whom it is
asserted. Any waiver of any term or provision of this Agreement shall only be apphcable to the
specific term or provision and instance to which it is related, and shall not be deemed to be a
continuing or future waiver as to such term or provision or as to any other term or provision.
19.13 NIa Third Party lqenefic, iary. The terms and provisions of this Agreement are
for the exclusive benefit of Seller and Buyer, and not for the benefit of any third party, and this
Agreement shall not be deemed to have conferred any rights, express or implied, upon any third
party.
19.14 RADON GAS: Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding radon and radon testing may be obtained
from your county health unit.
5969
10
~xl WITNESS WHEREOF,
indicated below.
WITNESSES:
(P~t N~e)
tile
parties have executed this Agreement as of the date
BUYER:
THE URBAN GROUP,/NC. as agent for BBCRA
Virginia Mammone
Date Executed:
WITNESSES:
(Print Name)
(Print Name)
SELLER:
BY: H~el White
Date Executed:
?//q/o¥
H:\1998\980465~GMT~PurchaseAndSaleRealProp.doc
5970
WITNESSES:
(Print Name)
(Print Name)
BUYER:
APPROVED BY CRA BOARD
By:
Chair, Jeanne Heavlin
Date Executed:
5971
12
EXH/BIT "A"
I JEGAI, DESCRIPTION
MEEKS ADDITION TO BOYNTON (9-54) S 50 FT OF LT 10 (LESS R/W SEACREST BLVD)
Folio: 08-43-45-21-24-000-0103
59¥2
GOREN,
CHEROF, DOODY & EZROL,
ATTORNEYS AT LAW
SUITE 200
3099 EAST COMMERCIAL BOULEVARD
FORT LAUDERDALE, FLORIDA 33308
P.A.
SAMUEL S. GOREN
JAMES A. CHEROF
DONALD J. DOODY
KERRY L. EZROL
MICHAEL D. CIRULLO, JR
TELEPHONE (954) 771-4500
FACSIMILE (954) 771-4923
JULIE F. KLAHR
LINDSEY A. PAYNE
DAVID N. TOLCES
MICHAEL J. PAWELCZYK
STEVEN L. JOSIAS, OF COUNSEL
August 5, 2004
Ms. Barbara Matlack
Senior Realty Specialist
The Urban Group, Inc.
1424 S. Andrews Avenue, Suite 200
Ft. Lauderdale, FL 33316
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY /
HEART OF BOYNTON PROJECT
Owner- WHITE, Hazel and PARKER, Minnie
Address - Vacant Lot on Seacrest Blvd.,
Legal - Part of Lot 10, Block: Meeks Addition
Dear Ms. Matlack:
Please find enclosed the title commitment
Company for the above-referenced property.
of title:
as prepared by Fidelity National Title Insurance
The title commitment reflects the following status
A. Owner: Title is presently held by Hazel White and Minnie Parker.
Payment of any liens pursuant to Resolution No. 80-V from the City of Boynton
Beach, filed in Official Records Book 3334, Page 377 of Public Records of Palm
Beach County, Florida.
Claim of Lien recorded in Official Records Book 6246, Page 1005 of the Public
Records of Palm Beach County, Florida.
Also, enclosed with this correspondence is the invoice from Fidelity National Title Insurance
Company in the mount of $150.00. Please remit the mount directly to Fidelity.
5973
-i; 200q
If you should have any questions or if you would like anything else done on this matter, please
contact the undersigned.
DJD:gg
Enclosures (2)
cc: James A. Cherof
Lindsey A. Payne
Jeanne Heavilin, Chair
H:\GG FOR~MS\GGBoymonB CRA\White-Parker\Ltr-Matlack.doc
D01~ALD J. D?j0D¥ ,~/
5974
OFidelity National Title
Insurance Company of New York
Commitment No: WE04-100469
Agent File No: White
o
PK/SM
S CI:IEDULE A
Effective date: July 6, 2004 at 6:00 A.M.
Policy or Policies to be issued: Amount
(a) ALTA Owner's Policy (Rev. 10-17-92) with Florida Modifications $0.00
Proposed Insured: Boynton Beach Community, Redevelopment Agency
(b) ALTA Loan Policy (Rev. 10-17-92) with Florida Modifications STBD
Proposed Insured: TBD
The estate or interest in the land described or referred to in this Commitment and covered herein
is:
FEE SIMPLE
Title to the FEE SIMPLE estate or interest in said land is at the effective date hereof vested in:
Hazel White and Minnie Parker
The land referred to in this Commitment is described as follows:
The South 50 feet Lot 10, less the East 20 feet, of MEEKS ADDITION TO BOYNTON,
FLORIDA, according to the Plat thereof, as recorded in Plat Book 9, at Page(s) 54, of the Public
Records of Palm Beach County, Florida.
Countersigned: Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
BY:
5975
FOI~'I 26-083-66-A
ALTA COMMITMENT (1966)
OFidelity National Title
Insurance Company of New York
Commitment No: WE04-100469
Agent File No: White
SCHEDULE B I
(Requirements)
The following are the requirements to be complied with:
1. Payment to, or for the account o~ the sellers or mortgagors of the full consideration for the estate or
interest to be insured.
2. Instrument(s) creating the estate or interest to be insured must be approved, executed, and filed for
record.
a. Warranty, Deed to be executed by Hazel White and Minnie Parker, joined by spouse if married or
recitation that the grantor is single or that the property is not homestead property of either spouse,
conveying subject property to Boynton Beach Community Redevelopment Agency.
b. Mortgage encumbering the subject property:
Mortgagor(s): Boynton Beach Community Redevelopment Agency
In favor of Mortgagee(s): TBD
Principal Amount: $0.00
3. Payment of any liens pursuant to that Resolution No. 80-V filed in O.R. Book 3334, Page 377, from
the City of Boynton Beach.
4. Release of any right or interest as indicated by that certain instrument:
Name of Instrument: Claim of Lien
Recorded:
O.R. Book 6246, Page 1005, of the Public Records of Palm Beach County, Florida.
Reference is made to said document for full particulars.
5. Submit proof that any outstanding municipal and/or county tax assessments which are due, have been
paid.
6. Submit proof of payment of City- of B oynton Beach service charges for water, sewer and/or waste, if
any.
Any reference to O.R. (Official Records) or Public Records shall be deemed to be located in the
Official Records of the County xvhere the subject property is located.
END OF SCHEDULE B I
5976
FORaM 26-083-66-A ALTA CO_'~fl'-IITIvlENI (1966)
'O Fidelity National Tit}e
Insurance Company of New York
Commitment No: WE04-100469
Agent File No: White
SCFI-EDULE B li
(Exceptions)
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless
the same are disposed of to the satisfaction of the Company:
Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date the Proposed
Insured acquires for value of record the estate or interest or mortgage thereon covered by this
Commitment.
2. All assessments and taxes for the year 2004 and all subsequent years, which are not yet due and
payable.
3. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
4. Any encroachments, easements, measurements, variations in area or content, party ,,vails or other facts
which a correct survey of the premises would show.
5. Rights or claims of parties in possession not shown by the public records.
6. Roads, ways, streams or easements, if any, not shown by the public records, riparian rights and the
title to any filled-in lands.
Restrictions (deleting therefrom any restrictions indicating any preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status or national origin),
covenants, easement(s), setback(s), if any, as may be shown on the Plat recorded in Plat Book 9, Page
54, of the Public Records of Palm Beach County, Florida.
Any and all right, title or interest of the Lake Worth Drainage District, claimed, reserved or now in
use, by virtue of Chancery Order 407, recorded June 22, 1990, in Official Records Book 6495, Page
761, and Official Records Book 6495, Page 1165, of the Public Records of Palm Beach County,
Florida.
Any reference to O.R. (Official Records) or Public Records shall be deemed to be located in the
Official Records of the County where the subject property is located.
NOTE: The loan policy issued pursuant to this Commitment will have attached a Florida
Endorsement Form 9 provided the following conditions are met to the satisfaction of the Company:
a. 'A current survey is reviewed for encroachments and violations of restrictions and setback lines, and
if present, determined to be minor. Said encroachments or violations will be listed in Schedule B of
the policy. 5977
FOP.M 26-083-66-A
ALTA COIvllvl/TIvIENT (1966)
OFidelity National Title
Insurance Company of New York
Commitment No: WE04-100469
Agent File No: White
b. A seller's/borrower's affidavit is properly executed by the appropriate parties.
NOTE: One or more of the following endorsements may be attached to the loan policy if applicable
and a premium paid therefor:
Navigational Servitude Endorsement
ALTA 8.1 Environmental Protection Lien
ALTA 6 Adjustable Rate Endorsement
ALTA 6.2 Negative Amortization Endorsement
Revolving Credit Endorsement
ALTA 4.1 Condominium Endorsement
ALTA 5.1 Planned Unit Development Endorsement
Note: Parcel Identification (Folio) Number: 08-43-45-21-24-000-0103
Homestead Exemption: No
Ad Valorem Gross Amount: $166.58
Taxes Paid for the year(s): 2003 in the amount of $166.58
Taxes Due for the year(s): 2004, a lien but not yet due and payable
NOTE: The Company reserves the right to make further requirements and/or exceptions upon its review
of the proposed documents creating the estate or interest to be insured or otherwise ascertaining details of
the transaction.
If the proceeds of the loan to be secured by the insured mortgage are deposited with the Company or its
authorized agent, Item 1 above shall be deemed deleted as of the time such funds are disbursed to or for
the account of the borrower. Neither the company nor its agent shall, however, be under any duty, to
disburse any sum except upon a determination that no such adverse intervening matters have appeared of
record or occurred.
Items 3, 4, 5 and 6 will be deleted provided: a satisfactory current survey is submitted, if applicable; it is
determined the current year's taxes or special assessments have been paid; an affidavit of possession, in
recordable form, is provided; it is determined there are no filled*in lands; and there is nothing of record
which would give rise to mechanic's liens which would take priority over the insured interest (where the
liens would otherwise take priority, submission of waivers is necessary). Additional exceptions will be
made in the policy for any appropriate matters disclosed.
END OF SCI-[EDULE B II
FORM 26-083-66-A ALTA COMMITM]ENT (1966)
OFidelity National Title
Insurance Company of New York
Commitment No: WE04-100469
Agent File No: White
Phone: (954) 217-1744
Date
Fax: (954) 217-8796
UPDATE REQUEST
Fidelity File Number: WE04-100469
Agent: Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
Agent file number: White Forward request to
Send via: Courier/Post E-mail Fax
Pre Closing Post Closing County
Recording Date Copies Required (Y/N)*
Document Official Records Book/Page
Warranty/Quit Claim Deed
Mortgage
Assignment of Mortgage
Assignment Rents/Leases
Mortgage Modification
Satisfaction of Mortgage
Notice of Commencement
Notice of Termination
Subordination Agreement
UCC Financing Statement
Affidavit
Other
* Copies may not be available at the time of the Update but will be forwarded via courier/post as they become
available. 5979
FOKM26-O83-66-A
ALTA COMMITMENT (1966)
WESTBERRY & ASSOCIATES, LLC
Real Estate Appraisers and Consultants
July 22, 2004
Virginia Mammone
The Urban Group, Inc.
1424 South Andrews Avenue, Suite 200
Ft. Lauderdale, FL 33316
Re:
Review Appraiser's Statement
Heart of Boynton CRA
Parcel 102
Dear Ms. Mammone:
Pursuant to your Notice to Proceed, dated May 17, 2004, I am submitting a
review appraisal of the Florida Coastal Appraisal Services report for the
above referenced project and parcel number.
Thank you for the opportunity to provide this review appraisal service.
Very truly yours,
Mendel R. Westberry, MAI
State Certified General Real Estate Appraiser #0000331
4675A Anglers Avenue ~ Fort Lauderdale, Florida 33312
Phone: (954) 965-0999 Fax: (954) 965-0989
REVIEW APPRAISER'S STATEMENT
Project Name: Heart of Boynton CRA
Parcel No.: 102
Identification of Report Under Review
The report is a complete appraisal summary report identified as Parcel 102
of the Heart of Boynton CRA project. D. Craig Keneipp of Florida Coastal
Appraisal Services prepared the report for the City of Boynton Beach,
Florida. I was not provided with a property owner's appraisal report. The
property is currently owned by Hazel White and Minnie Parker whose
mailing address is 139 NE 13th Avenue, Boynton Beach, FL. The subject
property is located on the west side of Seacrest Boulevard, just south of
NE 11th Avenue within the City of Boynton Beach.
Date of Value
Date of Report
Date of Review
7/14/2004
7/14/2004
7/22/2OO4
Overview of the Subiect Property
The subject property is a 4,000 square foot vacant parcel of land. It is
zoned R-2, Residential Duplex by the City of Boynton Beach and has an
underlying land use of Medium Density Residential which is consistent
with its zoning. The zoning classification permits a variety of residential
uses including single family and multifamily construction.
Mr. Keneipp concludes that the subject's highest and-best use is single-
family residential development. His conclusions are based upon the R-2
zoning of the site, as well as his review of recent sales in the area.
Additionally, Mr. Keneipp notes that most of the recent vacant lands sales
are being developed with single-family homes.
Property Interest Appraised
The real property interests appraised are those rights associated with the
undivided fee simple (estate) interest.
Purpose and Intended Use of the Report Under Review
The purpose of the appraisal report is to provide an opinion of market
value of the subject property. The intended use of the appraisal is
information for the client for the potential purchase of site, possibly
through eminent domain.
Extent of Review Process
I have read the appraisal report and I have inspected-the subject property
and have desk reviewed the comparable sales. I examined the data and
methodology used by the appraiser and .made conclusions about the
methods used and reasonableness of the value estimates. I also reviewed
the reports for comPliance with Uniform Standards of Professional
REVIEW APPRAISER'S STATEMENT
Project Name: Heart of Boynton CRA
Parcel No.: 102
Appraisal Practices (USPAP). Mr. Keneipp's report is judged to be in
compliance with USPAP. I did not independently research or verify all data.
Completeness of Report Under Review
The completeness of the report is considered adequate and sufficient in
terms of the requirements of USPAP.
Appropriateness of Appraisal Methods and Techniques Used
Mr. Keneipp developed only the Sales Comparison Approach. This is the
appropriate method for estimating the value of vacant land such as the
subject property. The subject's neighborhood appears to have an active
market, therefore, Mr. Keneipp had an ample amount of sales data available
for the application of the Sales Comparison Approach.
Land (Sales Comparison Approach)
Mr. Keneipp used three comparable sales and analyzed them based upon
the price per square foot of land. One comparable sale contains 3,690
square feet, the remaining two comparables each contain 7,500 square feet.
All are recent sales, occurring within the last one year. The sales range in
price from $5,000 to $15,000. All the sales have proximate locations to the
subject. Mr. Keneipp calculated each of the sales on a per square foot
basis, in order to reflect the size of the subject. The sales indicate a range
of $1.35 per square foot to $2.00 per square foot. Mr. Keneipp correlated
near the middle of the range of value, $1.50 per square foot, and applied
this value to the subject property's 4,000 square feet and arrived at a value
estimate for the subject of $6,000. Mr. Keneipp's sales analysis and
conclusions are considered well supported.
Cost Approach
NA
Income Approach
NA
Sales Comparison Approach-Improved
NA
Recommended compensation based'on Mr. Keneipp's report is: $6,000
3
REVIEW APPRAISER'S STATEMENT
102 'Heart of Boynton CRA Boynton Beach/Palm Acquisition
Beach
Review Certification
I certify to the best of my knowledge and belief:
The facts and data reported by the review appraiser and used in the review process
are true and correct.
The analyses, opinions and conclusions in this review report are limited only by the
assumptions and limiting conditions stated in this review report, and are my
personal, unbiased professional analyses, opinions, and conclusions.
I have no present or prospective interest in the property that is the subject of this
report, and I have no personal interest or bias with respect to the parties involved.
My compensation is not contingent on an action or event resulting from the
analyses, opinions, or conclusions in, or the use of this review report, my analyses,
opinions, and conclusions were developed and this review report was prepared in
conformity with the Uniform Standards of Professional Appraisal Practice.
I did personally inspect the subject property. Field inspection of the subject
property took place on July 22, 2004.
Value estimates of items compensable under state law, but not eligible for federal
reimbursement have been clearly identified below, as appropriate.
The value estimate and my recommended compensation is Stated below.
Sayre J. Berman, AICP, State Certified General Real Estate Appraiser #0001963,
provided significant professional assistance.
In my opinion, the Total Recommended Compensation is: $6,000
Parcel 102
Mendel R. Westberry, MAI
State Certified Real Estate AppratSer
#OOOO331
Date
59~3
Florida Coastal Appraisal Services
Real Estate Appraisers and Consultants
2101 South Andrews Avenue Suite 205 Fort Lauderdale, FL 33316
954 779-3298 954 779-3395 (Fax)
Residential Vacant Land
Parcel 102
Hazel White and Minnie Parker
Seacrest Boulevard
Boynton Beach, Florida
Report Date/Date of Valuation: July 14, 2004
Pl~epared By
D. Craig Keneipp
FLORIDA COASTAL APPRAISAL SERVICES
2101 South Andrews Avenue Suite 205
Fort Lauderdale, Florida 33316
Prepared For
Mr. Dale Sugerman
The City of Boynton Beach
598~
, JUL 2 7
Florida Coastal Appraisal Services
Real Estate Appraisers and Consultants
2101 South Andrews Avenue Suite 205 Fort Lauderdale, FL 33316
954 779-3298 954 779-3395 (Fax)
July 15, 2004
Mr. Dale Sugerman
The City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Subject:
HEART OF BOYNTON CRA
Parcel 102/Hazel White and Minnie Parker
Vacant Residential Land
Seacrest Boulevard
Boynton Beach, Florida
Dear Mr. Sugerman:
In accordance with your request, I have prepared this Complete Summary Appraisal of the above
referenced property. The purpose of my appraisal was to estimate the market value of the subject
property. The rights and/or interests appraised are fee simple.
Resultant from my investigation and analysis of the data assembled and used in the report that follows,
as well as inspection of the property at various times, it is estimated that the Market Value as of the date
of valuation on July 14, 2004 is:
$6,000
( Six Thousand Dollars)
Respectfully Submitted,
D. raig Keneip~/t/''
State Certified Gene~a4 Appraiser - #0001491
5985
Parcel 102/Haze/White
CERTIFICATE OF VALUE
I certify that, to the best of my knowledge and belief:
The statements of fact contained in this rePort are true and correct.
The reported analyses, opinions, and conclusions
assumptions and limiting conditions, and are my
professional analyses, opinions, and conclusions.
are limited only by the reported
personal, impartial, and unbiased
I have no present or prospective interest in the property that is the subject of this report,
and no personal interest with respect to the parties involved.
I have no bias with respect to the property that is the subject of this report or to the parties
involved with this assignment.
My engagement in this assignment was not contingent upon developing or reporting
predetermined results.
My compensation for completing this assignment is not contingent upon the development
or reporting of a predetermined value or direction in value that favors the cause of the
client , the amount of the value opinion, the attainment of a stipulated result, or the
occurrence of a subsequent event directly related to the intended use of this appraisal.
My analyses, opinions, and conclusions were developed, and this report has been prepar
in conformity with the Uniform Standards of Professional Appraisal Practice.
have made a personal inspection of the property that is the subject of this report.
No one provided significant professional assistance to the person signing this report.
Opinion of Market Value: $6,000.00
Date of Value: July 14, 2004
Date: ~ /~/ .~)-&o c/
/
Signed: ~ //-~/~/ ' D. CraigcKo6eipp/~/'
STATE CERTIFIED GENERAL APPRAISER 0001491
5986
Project Identification:
Parcel Identification:
Appraiser:
Dates:
Interest Appraised:
Parcel Size:
Parcel Access:
Zoning/Land Use:
Assessed Value:
Utilities:
Easements:
Highest and Best Use:
Present Use:
Opinion of Value:
Special Assumptions
or Limiting Conditions
Under Which Value is
Based:
EXECUTIVE SUMMARY
HEART OF BOYNTON CRA
Parcel 102 Hazel White and Minnie Parker
D. Craig Keneipp
Florida Coastal Appraisal Services, Inc.
Date o£Value/Report: July 14, 2004
Fee Simple
4,000 square feet (estimated, no survey provided).
Legal and Physical: Seacrest Boulevard
R-2 Residential Duplex / Medium Density Residential
$7,000
Assumed all available to site
Typical, none with adverse impact, no impact on value
Residential SFR.
Vacant
Total Value: $6,000.00
None.
5987
TABLE OF CONTE~TS
Page
Cover ............................................................................................................ 1
Letter o£ Transmittal ................................................................................... 2
Certificate of Valuation .............................................................................. 3
Executive Summary, ..................................................................................... 4
Table of contents .......................................................................................... 5
Property location, owner and address .......................................................... 6
Legal Description ......................................................................................... 6
Property inspection ...................................................................................... 6
Type of Property .......................................................................................... 6
History of the Property (Last Five Years) ................................................... 6
Description of the Proper¢T ......................................................................... 6
Zoning/Land Use Planning/Concurrency ................................................... 7
Assessed Value and Taxes .......................................................................... 7
Appraisal Purpose and Intended Use ........................................................... 8
Scope of the Appraisal ................................................................................. 8
Definition of Market Value ......................................................................... 8
Highest and Best Use Analysis ................................................................... 9
Approaches to Value .................................................................................. 9
Sales Comparison Chart ............................................................................. 10
Sales Discussion and Analysis ................................................................... 10
Reconciliation of Sales Data ....................................................................... 11
Final Conclusion and Estimate of Market Value ....................................... 11
Estimated Marketing Time ........................................................................ 11
Addendum ............................................................................................. :... 12
Sales and Subject Location Map
Subject Photos
Limiting Conditions and Assumptions
Appraiser Qualifications
5988
Property Location _-
The subject property is located on the west side of Seacrest Boulevard, just south of NE 11th Avenue,
within the city limits of Boynton Beach, Palm Beach County, Florida.
Property Owner Name & Address
Hazel White and Minnie Parker
139 NE 13th Avenue
Boynton Beach, FL 33435
Legal Description
South 50 feet of Lot 10 Less road R/W MEEKS ADD TO BOYNTON BEACH (9-54) as recorded in
the public records of Palm Beach County, Florida.
Property Inspection
Date inspected: April 28 and July 14, 2004
Extent of inspection: Exterior only, vacant land.
Type of Property
The property is vacant residential land.
I-Iistor3~ of the Property
The subject has had no known transfers of record for the last 5 years.
subject is not listed for sale.
It was purchased in 1973. The
Description of the Property
The subject is a vacant residential land.
Lot Size:
Shape:
Ingress/egress:
Topograp~:y:
Soil
Characteristics:
4,000 square feet
Rectangular approximately 50' x 80' (from county records, no survey
provided)
Via Seacrest Blvd.
Cleared, generally level, at or slightly below road grade.
There is no visual indication of any adverse soil conditions in the area, but no soil
survey, exploration or engineering reports were made available. It is assumed that
there are no adverse soil conditions that would affect the adaptability or
marketability of the individual site.
Utilities and Public Service: Available to the site, considered to be adequate and typical.
5989
Zoning, Land Use Planning and Concurrency ~:~>
The subject property is currently zoned R-2 Duplex. My research at the City of Boynton Beach has
indicated that land in this zoning category could be developed with a variety of residential uses
including single family and multifamily.
The subject land use designation is medium density residential. For the government body, land use plans
serve as generalized guidelines for both current and future development. Items generally included in
guidelines are use classifications, use intensity and preservation areas. The land use plan is generally
used in conjunction with existing zoning when the government authoriB: is reviewing a proposed
development.
The site is platted under the MEEKS ADDITION TO BOYNTON
Municipality: City of Boynton Beach.
NOTE: Since requirements can be changed and/or amended at any time by the municipality, the above
reported data should be verified with the municipality before using such data for any purpose.
Assessed Value and Taxes
Taxing authority: Palm Beach County
Folio No.: 08434521240000103
Assessed value: $7,000
Year: 2003
There are no known special assessments.
Public and Private Restrictions
The subject is vacant, platted, residential property.
in the appraisal.
There are no atypical restrictions known or assumed
5990
Property Interest Appraised_ -
The rights appraised in this appraisal report are the undivided fee simple (estate) interest.
Scope of Appraisal
Comparable land sales will be researched and reviewed. The site will be inspected. The conclusions will
be presented in tkis complete summary appraisal report.
Appraisal Purpose and Intended Use
The purpose of this appraisal is to provide my opinion of market value of the subject property. The
intended use of this appraisal is informational for the client for the potential purchase, possibly under
eminent domain.
Definition of Market Value
As defined by the Uniform Standards of Professional Practice:
The most probable price which a property should bring in a competitive and open market under all
conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and
assuming the price is not affected by undue stimulus. Implicit in this de£mition is the consummation of
a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:
1) Buyer and seller are typically motivated;
2)
Both parties are well informed or well advised, and acting in what they consider their own best
interests;
3) Reasonable time is allowed for exposure in the open market;
4)
Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements
comparable thereto; and
5)
The price represents the normal consideration for the property sold unaffected by special or
creative financing of sales concessions granted by anyone associated with the sale. '
5991
Uniform Standards of ProfesSional Appraisal Practice. 2002
Highest and Best Use Analysis - Summarized ~:,~
"The reasonably probable and legal use of vacant land or improved property, which is physically
possible, appropriately supported, financially feasible, and that results in the highest value." (The
Appraisal of Real Estate", eleventh edition, Appraisal Institute). The subject land is zoned for ? '~
duplex. Many recent sales of similarly zoned land, located in the subject neighborhood have b~
purchased recently. The majoritsj of the recent vacant land sales in the neighborhood are being
developed as single-family residences. One transaction of two adjacent lots, west of the subject, was
recently developed for duplex use. The sales price of the duplex lots was consistent with SFR lot sales.
The subject land/lot size is slightly smaller than typical for the neighborhood. It is considered to be
developable for SFR. It is considered maximally productive to develop as a single-family residence.
The highest and best use of the subject is development for single-family residence or duplex.
Approaches to Value Omitted as Not Applicable
[x] Cost [x] Income
Approaches To Value
The subject property is a vacant residential land. This report is a complete summary appraisal as per the
Uniform Standards of Professional Practice. The appropriate approach is the sales comparison approach
(market approach). The Income and Cost Approaches are not applicable. The subject type is recognized
to be marketed, bought and sold relative to market sale analysis of vacant lots in the subject
neighborhood. Ample sales market data is deemed available for application and utilization of the sales
comparison approach.
The Sales Comparison Approach
This market oriented approach is a technique of estimating market' value by comparing similar open
market sales of properties to the subject, and making appropriate adjustments for the variable
characteristics considered applicable to subject.
The Sales Comparison Approach is premised on the Principle of Substitution, which indicates that an
investor would not pay anymore for a property than the cost of acquiring an equally desirable substitute
property. With the presence of quantitatively and qualitatively sufficient market data that can be
inspected and then analyzed, a sufficiently reliable value indicator can be developed that reflects current
market actions/reactions.
A reliable comparison should be selected to accurately measure and/or compare the market data
considered comparable. For the subject property, the sales price for the land is considered a reliable
measure and/or unit approach for comparison purposes, resulting in a reflective market indicator. The
comparable sale properties should be (and are) individually compared to the subject property, and in
light of no two properties being identical, it is necessary to analyze the individual characteristics, which
would be reflective of a variance in price. These differences are then equated to adjustments, if
appropriate.
59~2
9
Collection and Analysis of Comparable Sales and' Listings
For the purposes of establishing "benchmarks" of value for the subject for comparison, vacant lot sales
of property developable for duplex or single-family use were researched and analyzed. Personal
verifications with either the buyers or the sellers provided additional data for scrutiny and analysis. The
result is that 3 sales have been chosen for use in direct comparison. Two other sales were reviewed for
duplex prices and found to be similar to the SFR lot prices. The sales were confirmed with public
records, including deed verification, and onsite inspection. OR book and page are referenced for the
three SFR lot sales, and a location map is in the addendum.
Due to the nature of the subject property, being smaller than the typical lots, units of comparison will be
developable lot prices and price per square foot.
Direct Comparison Of Improved Sales
Following is a sales grid/table and brief discussion of each of the comparables. Resultant from my sales
analysis, a summary reflects the basic variables. Narrative analytical support for any adjustments, as
well as, additional sales discussion and correlation will follow this grid for the purpose of individual
comparison to the subject.
Residential Lots Sales Table
Item SUBJECT Vacant Lot Sale V Vacant Lot Sale D Vacant Lot Sale J
Address Seacrest Blvd NE 12TM Ave NE 11th Ave NE 11tn Ave
Boynton Beach Boynton Beach Boynton Beach Boynton Beach
Sale Date As of May 2004 December, 2003 August 29, 2003 July 11, 2003
OR/Page .....................16406/1415 15792/1180 15529/0836
Lot Size 4,000 Square Feet 3,690 Square Feet 7,500 Square Feet 7,500 Square Feet
Sale Price N/A $5,000 $t5,000 $15,000
Price Per N/A. $1.35 $2.00 $2.00
Sq. Foot
Comments ...................... Purchased by a Purchased by a Purchased by a
developer, developer for SFR. developer for SFR.
3br/2bath SFR sold 3 BR 2 Bath SFR
for $140,000 in Jan. Under construction.
2004
Sales Analysis
The sales reflect the subject residential lot value in the neighborhood market. Ail sales have proximity to
the subject. The sales offer a typical lot size value indicator of $15,000. The subject is a considered a
developable residential lot, however it is smaller than the typical size sales. Sale V is more indicative of
value for the subject as it is similar in size. Due to the size difference of the subject property from the
typical developable sales in the subject neigkiborhood, the price per square foot has been quantified.
This equates to $1.35 - $2.00 square foot as an indicator of value.
5993
2O
Conclusion of Market Sales Comparison Appro_aeh
Ail sales have been given reasonable consideration. There appears to be adequate market supply and
demand for the subject property type. The market indicates the subject is in a reasonable residential
location. Following a thorough review of my market data and my analysis of the pertinent inforrnat;~,
and facts, the following surm-nary value opinion has been indicated. Based on its size similarity with s.
V, the subject is estimated to have a market value of$1.50/square foot.
Subject Size: 4,000
x $ 1.50
$6,000
As of May July 14, 2004 my opinion of market value: $6,000.00
Note: Estimated Marketing time is 3-6 months.
ADDENDUM
Subject Aerial Photos
Subject and Sales Location Map
Appraiser Qualifications
Assumptions and Limiting Conditions
5995
22
Subject Aerial Parcel 102
5997
Qualifications of
D. Craig Keneipp, Appraiser/Consultant
2101 South Andrews Avenue, Suite 205
Fort Lauderdale, Florida 33316
EDUCATION
Bachelor of Science, Business Administration, Marketing. University of Central Fla. Orlando, FL
Associate of Arts (A.A.), Manatee Jr. College, Bradenton, FL
LICENSES/CERTIFICATION
State Certified General Real Estate Appraiser, since 1991.
Florida Licensed Real Estate Broker, since 1987.
WORK EXPERIENCE
Professional self-employed real estate appraiser/consultant 1985 to present.
Senior Real Estate Negotiator for Kaiser Engineers, under contract with the Florida Department of
Transportation for Right-of-Way Acquisition 1984 to 1985.
Right-of-Way Specialist (acquisition/relocation agent) for the Florida Department of Transportation,
District IV Fort Lauderdale, FL. 1982 to 1984.
EXPERT WITNESS
Court qualified as an expert witness in the area of real estate appraisal.
PREQUALIFIED GOVERNMENTAL FEE APPRAISER LISTS
· Federal Department of Environmental Protection, Division of State Lands Fee Appraiser
· Florida Department of Transportation Real Property Fee Appraiser/Consultant
· Broward Count5, Approved Fee Appraiser
· Broward County School Board Approved Fee Appraiser
APPRAISAL COURSES COMPLETED
USPAP - Uniform Standards of Professional Appraisal Practice
American Society of Appraisers Ethics Exam, A.S.A. (American Society of Appraisers)
lA-1 Real Estate Appraisal Principles, A.I.R.E.A.(American Institute of Real Estate Appraisers)
lA-2 Basic Valuation, A.I.R.E.A.
1BB - Capitalization Theory and Tech. B, A.I.R.E.A.
1BA - Capitalization Theory and Tech. A. A.I.R.E.A.
SPP - Standards and Professional Practice, A.I.R.E.A.
ADDITIONAL COURSES/CONTINUING EDUCATION
Uniform Standards of Professional Appraisal Practice
Understanding Limited Appraisals & Appraisal Reporting Options
Communication in Real Estate Acquisition
Appraising under Eminent Domain
Business Relocation, Federal Highway Administration
Real Estate Finance
Business Valuation Parts I & II
Litigation Valuation
Industrial Valuation
5998
D. Craig Keneipp, State C~rtified General Appraiser
Partial Statewide Client List
Government Agencies
Florida Dept. Of Transportation
North Broward Hospital District
Municipalities
Broward County (Litigation Support)
City of Boynton Beach
City of Coconut Creek
City of Lauderhill
City of Margate
City of Sunrise
Financial Institutions
North Trust Bank
Ocean Bank
Law Firms
Conrad & Scherer
Forman & Hanratty
Ulmer, Hicks & Schreiber
Ruden, McCloskey, Smith, Schuster
Durden & Green
Jerome Tepps
Ali & Jobson
Eakin & Eakin
Carter & Thomas
H. Collins Forman, Jr.
Jack Baxter
Partial List of Proper ,ty Types Appraised
Vacant Land
Agricultural
Residential
Commercial
Improved Residential
Single Family
Multi-family
Condominiums
Improved Commercial
Banks
Retail/strip centers
Private Schools & Day Care
Palm Nursery
Cemetery
Funeral Home
Restaurants/Bars
Service stations
Churches
Rock Pits
Auction Gallery
Office buildings - single/multistory
Hotels/motels
Auto/boat/motorcycle dealerships
Radio station
Golf Course
5999
Assumptions a~d Limiting Conditions
This appraisal is to be used in whole and not in part. No part of it shall be used in conjunction with any
other appraisal.
Marketable title, but not responsibiliD' as to legal matters is assumed.
It is assumed the legal description as given, is correct.
The property has been appraised free and clear of any or all liens or encumbrances unless otherwise
stated.
All engineering is assumed correct. Any plot plan and/or illustrative material in this report or addendum
are included only to assist the reader in visualizing the property.
It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that
render it more or less valuable. No responsibility, is assumed for such conditions or for arranging for
engineering studies that may be required to discover them.
Possession of this report, or a copy thereof, does not carry with it the right of publication.
Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity
of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public
through advertising, public relations, news, sales, or other media without the written consent and
approval of the appraiser.
6OO0
MEMO
TO: CRA Board
FROM:
Susan Vielhauer
SUBJECT: Consideration of Phase II of the Financial Advisory Contract, Work
Order #2
DATE:
August 26, 2004
As per the direction of the CRA Board, Staff has prepared Work Order #2 for
Phase II-Bonds of the current Financial Advisory Contract with RBC Dain
Rauscher formerly William R. Hough and Company.
Julie Turner, of RBC Dain Rauscher, will work with Bond Counsel, Underwriters,
Rating Agencies as well as other entities to structure a 20-year Bond, which will
provide the funding necessary to the current CRA Projects and Programs. Staff
will be working closely with Julie Turner throughout the process.
Staff is recommending the approval of Work Order #2 for Phase II-Bonds as per
the current Financial Advisory Contract with RBC Dain Rauscher formerly William
R Hough and Company.
WORK ORDER FOR FINANCIAL ADVISORY SERVICES
MASTER CONTRACT NAME: Financial Advisor,( Contract
DATE CONTRACT WAS APPROVED: February 10, 2004
WORK ORDER NO: g2
DATE: 08/26/04
DESCRIPTION: Phase 2- Bonds
1. Prepare a comprehensive plan for the offering of bonds, taking into consideration federal
arbitrage regulations and other legal parameters, presenting financing alternatives, evaluating
debt capacity, evaluate future flexibility and vulnerability to market conditions, estimating
financing cost and setting forth various structuring alternatives.
2. Consult with Moody's, Standard & Poor's or Fitch with regard to the proposed financing,
attend meetings and participate in those meetings.
3. Prepare a time schedule coordinating the actions of the CRA and other members of the bond
working group, estimating the date of the sale of bonds and availability of the proceeds. The
Financial Advisor may be asked to consult with the bond-working group to select the
Investment Banker Services associated with the Tax Increment Bond Financing.
4. Assist in the preparation of materials for presentations to rating agencies and assist in
obtaining the most favorable rating possible.
5. Provide assistance and recommendations with the selection of ancillary service providers such
as registrar, trustee, bond counsel and printer.
6. Advise on the appropriate timing of the bond sale, terms and conditions of the sale including
maturity schedule, underwriter discounts, advising on redemption provisions, provide interest
rate bidding requirements and basis for award.
7. Advise the CRA as to the advantages and disadvantages of a negotiated versus a public sale of
bonds.
8. Provide CRA Bond Counsel with information regarding bond structure necessary for the
drafting of the authorizing bond resolution or ordinance and validation documents.
9. Act as a liaison with CRA Bond Counsel and coordinate other professionals providing
information in connection with the proposed financing.
10. Assist the staff and disclosure counsel in preparation of the comprehensive official statement
of the bonds in conformance with full disclosure guidelines and arranging for its printing.
11. Provide the following work products for each competitive and negotiated debt offering;
Presale Analysis, Post sale Analysis, Rating Agency Presentation outlines and other such
analysis, cash flow projections and materials necessary for financial planning and bond sale
purposes.
12. Assist with bond-closing details including coordination with bond counsel in order to ensure
delivery in the shortest possible time frame.
13. Furnish prompt, complete reinvestment analysis so that maximum earnings will result for
investing bond proceeds, in addition to assisting staff with establishing a schedule for
drawdown of funds, if any.
14. Provide the CRA with bond and interest records showing required semiannual payments and
other information relevant to the completed financing.
AUTHORIZATION TO PROCEED: Execution ~f this Work Order by the Boynton Beach Community
Redevelopment Agency (the "CRA") shall serve as authorization for William R. Hough & Co.
(hereinafter, the "Financial Advisor") to provide professional services for the above Project. Whenever
the Work Order conflicts with the Financial Advisory Services Agreement dated as of February 19, 2004
(the "Agreement"), such Agreement shall prevail.
,00O2
TIME FOR COMPLETION: The Financial Advisor shall use its best efforts to substantially complete
the Work Order No//2 on or before; MARCH 1, 2005.
COMPENSATION: Payment to the Financial Advisor shall be made by the CRA in accordance with
the payment terms set forth in the Agreement.
This Work Order is issued on an: [ ] Hourly Rate Method
[X] Another Method pursuant to the Agreement as described below.
If this Work Order is issued on an Hourly Rate Method, the Financial Advisor shall perform all work
required by this Work Order and will be compensated based on the hourly fee schedule set forth in
the Agreement, plus reimbursable out-of-pocket expenses.
b. If this Work Order is issued on another Method pursuant to the Agreement, such Method is specified
as follows:
1. Minimum fee of $15,000 per transaction
2. Par Amount of Bonds Issued
Fee Per $1,000
First $0 - $15,000,000 $1.50
$15,000,000 - $25,000,000 $1.35
$25,000,000 - $50,000,000 $1.25
$50,000,000 - $100,000,000 $1.00
$100,000,000 and above $0.75
There shall be a surcharge of $5,000 for competitive sales and/or refunding.
In the capacity of placement and/or pricing agent of interest rate swaps or
derivative products, William R. Hough & Co. will charge a fee of 0.05% of the
weighted average balance to be swapped each year, discounted at a taxable yield,
with a cap to be negotiated on each transaction reflecting the complexity and risk
associated with such transactions. For the reinvestment of bonds proceeds, we
will be charged a fee of 3 basis points computed on the same basis as described
in the previous sentence.
For the preparation of the bid solicitation and review of bids received for
securities to be purchased for escrow accounts, guaranteed investment agreement
and other investments, the Financial Advisor shall be paid a placement Fee of
five basis points (.05%) of the weighted average balance to be invested each year
of the agreement, discounted at a taxable yield by the Agreement Provider on
behalf of the Issuer.
The Financial Advisor shall be reimbursed for all out-of-pocket expenses in
connection with work preformed for the CRA. Travel expense reimbursement
shall comply with the State of Florida's policy for reimbursement of City
Employees.
Any compensation for work performed on the Project will not exceed this amount without prior written
authorization of the CRA.
It is expressly understood by the Financial Advisor that this Work Order, until executed by the CRA, does
not authorize the performance of any service by the Financial Advisor.
6003
IN WITNESS WHEREOF, the parties hereto have made and executed this Work Order as of the date first
above written.
WILLIAM R. HOUGH & CO.
B OYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By: By:
Julie A. Turner, First Vice President Jeanne Heavilin
MEMO
TO: CRA
FROM:
Douglas Hutchinson
SUBJECT: Consideration of Retention of Existing City of Boynton Beach Bond
Counsel Mark Raymond for CRA Bond Counsel
DATE:
August 28, 2004
The CRA Board reviewed the proposed CRA 2004/2005 Budget at the Workshop held
on August 26, 2004. The CRA Board gave direction for changes to the proposed
2004/2005 Budget, which included the Financial Planning instruments need to complete
the CRA Projects and Programs.
To this end Staff has spoken to Legal Counsel Lindsey Payne, .who in turn has spoken
to Jim Cherof, City of Boynton Beach Attorney and Mark Raymond, City of Boynton
Beach Bond Counsel regarding issues of conflict of interest and procurement
procedures. It has been determined that the CRA can use the City of Boynton Beach
Bond Counsel Mark Raymond. Additionally, due to the fact that the City of Boynton
Beach will be giving the CRA a City backup pledge, securing the same Bond reduce the
time and cost of the Bond Counsel services.
Staff is recommending the retention of Mark Raymond for CRA Bond Counsel services.
68O5
MOyLE, FLANIGAN, KATZ, RAYMOND & SHEEHAN, P.A.
ATTORNEYS AT LAW
625 North Flagler Drive - 9~h Floor
West Palm Beach, Florida 33401-4025
Telephone: (561) 659-7500
Facsimile: (561) 659-I 789
MARK E. RAY/VlOND
Direct Line: (561) 822-0380
E-mail: mraymond(~moylelaw corn
Tallahassee Office
(850) 681-3828
Wellington Office
(56 I) 227-1560
September 10, 2004
Boynton Beach Community Redevelopment Agency
639 East Ocean Avenue, Suite 103
Boynton Beach, Florida 33435
Attention: Douglas Hutchinson, Executive Director
Re: Bond Counsel
Ladies and Gentlemen:
We have agreed to serve as bond counsel in connection with the issuance by the Boynton
Beach Community Redevelopment Agency (the "Issuer") of proposed tax increment revenue bonds
(the "Bonds") to finm~ce the cost of certain community redevelopment projects of the Issuer (the
"Project").. Ihe put'pose of this letter is to set forth our role and responsibi.lities as bond counsel with
respect to the financing.
Bond counsel is engaged as a recognized expert whose primmy responsibility is to render an
objective legal opinion with ~espect to the authorization and issuance of the Bonds.
As bond counsel, we will:
exmnine applicable law;
prepare the resolution(s) authorizing and securing the Bonds (the "Resolution"), such
other documents as may be required by the financing or which we deem necessary
for rendering our opinion and the forms of such closing documents, certifications,
and opinions of counsel as may be required by the terms of the financing and
applicable federal and state laws;
c. prepat'e the preliminary and final official statements for the Bonds;
at-tend meetings of the governing board of the Issuer m~d of the City Commission of
the City of Boynton Beach, Florida and assist staff of the Issuer in PreParing for the
issuance of the Bonds; and
e. undertake such additional duties as necessary for us to render our opinion.
Subject to the completiOn of Proceedingsto our satisfaction, we will render our' opinion that,
6006
September 10, 2004
Page 2
mnong other things:
the Issuer is duly created and validly existing as a community redevelopment agency
of' the State of Florida, with authority to adopt the Resolution, perform the
agreements on its part contained therein and issue Bonds;
the Resolution has been duly adopted by the Issuer and constitutes a valid and
binding obligation of the Issuer enforceable against the Issuer;
the Resolution creates a valid lien on the funds or assets pledged by the Resolution
for the security the Bonds;
the Bonds have been duly authorized, executed and delivered by the Issuer and are
valid and binding obligations of the Issuer, payable f~om the sources as provided in
the Resolution;
the interest on the Bonds will be excluded from gross income for federal income tax
purposes and the Bonds and the interest thereon are exempt from present intangible
personal property taxes of Florida; and
if appropriate, the Bonds have been duly designated by the Issuer as "qualified tax
exempt obligations" for purposes of Section 265 of the Internal Revenue Code (the
"Code")..
The opinion will be executed and delivered by us in writlen form on the date the Bonds are
exchm~ged fol' their purchase price (the "Closing") and will be based upon facts and law existing as
of that date. Upon delivery of the opinion, our responsibilities as bond counsel would be concluded
with respect to this financing.
In rendering our opinion we will rely upon certified proceedings and vaitten representations
of the Issuer without undertaking to veal .fy the factual accuracy of the same by independent
investigation.. We will not review the financial condition of the Issuer, the feasibility of the Project,
or the adequacy of security provided to Bondowne~s, and we will express no opinion relating thereto,
While serving as bond counsel, our client will be the Issuer and we will represent its interests.
We also sec'ye as bond counsel to the City of Boynton Beach and we will represent its interests as
well; it is anticipated that the City may guarantee the payment of debt service on the bonds. We
assume that the other parties to the transaction will be represented by their own counsel and suggest
that other parties to the transaction retain such counsel as they deem necessary and appropriate to
represent their interests in this transaction.
It is anticipated that the bond issue will be in the range of $-t-?;O00;O00'in principal amount.
While our fee as bond counsel will be based on the time spent Working on the matte~; the complexity
of the legal issues involved and the amount of debt issued, we anticipate that our' fee as bond counsel
September 10, 2004
Page 3
will be $41,000.00, plus out-of-pocket expenses. Our' fee will only be due and payable at Closing,
and we will not be paid any fee except at Closing.
If the foregoing terms are acceptable to the Issuer, please so indicate by returning a copy of
this letter-signed by an appropriate officer, retaining the original for yom' files. I look forward to
working with you.
Very truly yours,
Accepted this ~ day of September, 2004.
Boynton Beach Community Redevelopment Agency
By:
Title:
6008
V. Public Audience
Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at
this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
The CRA shall furnish appropriate 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.
VI. Public Hearing
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 furmsh appropriate auxiliary aids.and serViceS~where necessary to afford an individual with a disability 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.
6013
DEVELOPMENT DEPARTMENT
PLANNTNG & ZONI'NG DI'VI'SI'ON
MEMORANDUM NO. PZ 04-213
TO:
FROM:
THROUGH:
DATE:
PRO.1ECT NAME/NUMBER:
Chair and Members
Community Redevelopment Agency Board and City Commission
Eric Lee .lohnson, AICP C~.~/
Planner
Michael W. Rumpf
Director of Planning and Zoning
August 31, 2004
Edward Medical Office Building
LUAR 04-008 and ANEX 04-004
Property Owner:
Applicant/Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses:
North:
PR03ECT DESCRIPTZON
Mr. Hany Edward
Mr. Hany Edward
West side of South Federal Highway, approximately 350 feet
south of the intersection of Old Dixie Highway and South Federal
Highway (Exhibit "A" - Location Map)
CH/5 Commercial High Intensity (Palm Beach County)
CG General Commercial (Palm Beach County)
Local Retail Commercial (LRC)
Community Commercial (C-3)
To annex the 0.72-acre parcel, to reclassify its land use to Local
Retail Commercial (LRC), and rezone to Community Commercial
(C-3) in order to construct an 11,957 square foot medical office
building.
Developed commercial property with a Local Retail Commercial
(LRC) land use classification, zoned Community Commercial (C-3);
6014
Page 2
Edward Medical Office Builidng
File Numbers: ANEX 04-004 and LUAR 04-008
South:
Developed commercial property classified as Palm Beach County
Commercial High / Medium Residential MR-5 (:CH / 5) land use
and zoned Palm Beach County General Commercial (CG);
East:
Right-of-way for South Federal Highway, then farther east is
undeveloped residential property (future Waterside residential
development by Southern Homes, [nc.) with a Special High
Density Residential (SHDR) land use classification, zoned [nfill
Planned Unit Development ([PUD);
West:
Developed residential property classified as Palm Beach County
Medium Residential (5 units per acre - RM/5) land use and zoned
Palm Beach County Residential Multi-family (RM).
EXECU'DWE SUMMARY
Staff recommends approval of the requested annexation / land use amendment / rezoning for
the following reasons:
The requested annexation is consistent with the objectives of the City's annexation
program, which emphasizes the annexation of enclaves, and relevant policies in the
Comprehensive Plan;
2. The requested land use and zoning are consistent with respective current designations
in unincorporated Palm Beach County;
3. The requested change would help to further provide an economic contribution to both
the neighborhood and to the City.
PROPERTY OWNER NOTZFICATZON
Owners of properties within 400 feet of the subject annexation / land use amendment /
rezoning were mailed a notice of this request and its respective hearing dates. The applicant
certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007.
pRO3ECT ANALYSIS
A land use amendment can be defined as a change to the City's Comprehensive Plan that seeks
to modify the text of the adopted goals, objectives, and / or policies contained within the Plan.
Also, an amendment can be described as a change to the Future Land Use Map. Amendments
to the Comprehensive Plan are divided into two (2) separate processes, namely large-scale and
small-scale text amendments. The process by which to review a petition is determined by the
size of the parcel with 10-acres being the threshold. The subject property is 0.72 acre, which is
smaller than the 10-acre threshold and therefore eligible for the small-scale amendment
process. Small-scale text and Map amendments do not require the Florida Department of
Community Affairs (DCA) to review for compliance with state and regional plans prior to its
adoption by the City. This means that the proposed amendment, if desired by the city, would
6015
Page 3
Edward Medical Office Builidng
File Numbers: AND( 04-004 and LUAR 04-008
be adopted first, and then subsequently forwarded to the DCA for their records ("large-scale"
amendments are not adopted until following consistency review by the DCA).
The proposed small-scale amendment / rezoning application is being reviewed concurrently with
an accompanying request for annexation (ANEX 04-004). The subject property's current land
use classification is CH/5 Commercial High Intensity (Palm Beach County). The Palm Beach
County Future Land Use Atlas contains 42 different "commercial" land use classifications. By
contrast, the City of 8oynton 8each Future Land Use Map contains only three (3) different
"commercial" categories of land use classifications. The applicant is requesting to annex into
the City to utilize the Local Retail Commercial (LRC) land use classification and the Community
Commercial (C-3) zoning district. The proposed land use classification (LRC) is the city's
equivalent to the County's CH/5 land use classification, in terms of the allowable uses and
respective intensities. Therefore, the requested land use amendment/ rezoning application
would be consistent with Chapter 2, Section 9.C.2(2) of the Land Development Regulations.
Since this is the case, the request is relatively straighforward and would not require an
evaluation of the eight (8) criteria against which rezoning applications are normally reviewed, as
outlined in Chapter 2, Section 9.C. 7 of the Land Development Regulations. Instead, staff
analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the
city's annexation program and service capability.
The only policy in the Comprehensive Plan that would be pertinent to this request for
annexation / land use amendment / rezoning would be Policy 8.10.4, which states the
following:
The City shall coordinate w/th Palm Beach County regarding the prevent/on of enclaves,
pocket~, or other undesirable/and conEgurat/ons adjacent to, or/n the proximity to,
corporate//m/ts, pr/or to annexab'on of any parcels into the City.
Basically, this Policy requires the establishment of an annexation program, promotes
orderly annexation, and prohibits the creation of new enclaves. The annexation of the
subject property will further the efforts of the annexation program through reduction in
the number of enclave properties. State annexation law allows the annexation of
enclaves that are less than 10 acres through an inter-local agreement with the County
without the consent of the property owners. Currently, objectives of the annexation
program include annexing all enclaves less than 10 acres, and to incrementally annex
enclave properties with the intent to reducing them below the lO-acre threshold.
Therefore, the annexation of this parcel is consistent with the only policy within the
Comprehensive Plan regarding annexation.
The subject property lies within Planning Area #1 - Coastal Area, as defined by Section VIii
Land Use Problems and Opportunities of the 1989 Comprehensive Plan. Sub-section 1.q. of
Planning Area #1 states the following:
Ex/sting land uses along the U.S. 1 frontage are predom/nate/y retail; consequently a
£oca/ Retail Commercial (LRC) /and use des/gnab'on and Community Commercial (C-3)
zoning category are appropriate, both for Iot~, which are presently/n the City, and
those, which will be annexed.
6016
Page 4
Edward Medical Office Builidng
File Numbers: ANEX 0~,-004 and LUAR 04-008
The requested land use and zoning is consistent with the recommendations of Section
VIII Land Use Problems and OpportuniUes, sub-section 1.q., found in the support
documents for the 1989 City Of Boynton Beach Comprehensive Plan for properties to be
annexed within this vicinity.
In connection with previous annexation studies, city departments most affected by annexations
(e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability
and costs. All opinions previously collected from these departments supported the incremental
annexation of enclaves. These opinions have been based on the following:
1. The enclaves are all immediately adjacent to areas within the city that currently receive
urban services;
2. Ample service capacity exists to serve adjacent unincorporated properties; and
3. Host enclaves currenUy receive service from the city via the mutual aid agreement
(Police and Fire / EMS only);
With respect to impact upon roadways, the Palm Beach County Traffic Division has
reviewed the project and determined that it meets Traffic Performance Standards of
Palm Beach County.
The Police and Fire Departments report that this project has been reviewed for potential
service impacts and availability, and based on the planned office use, it has been
determined that services allocated to, or existing within the area are adequate to
provide the project with a necessary level of service. However, with respect to potable
water and wastewater utilities, the review of the proposed site plan (which is being
reviewed concurrently with this peUUon) identified the absence of potable water lines
directly accessible to the subject property. As part of site plan approval, the water line
shall be extended in order to access to city utilities. The review of the site plan
application has been delayed to allow for project engineers to evaluate and address this
situation. The project would Ue in to an existing four (4)-inch sanitary sewer line.
CONCLUSZONS / RECOIVlHENDATXONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the
overall economic development of the City. Therefore, staff recommends that the subject
request be approved. If conditions of approval are recommended by the Community
Redevelopment Agency Board or required by the City Commission, they will be included as
Exhibit "B" - Conditions of Approval.
ATTACHMENTS
S:~Planning~S HAI~D\WP~PRO JECTS~c~dwnrd Med/cal O ffice~LUAR 04-008~Staff Re,on.doc
6017
EDWARD MEDICAL OFFICE
LOCATION MAP
EXHIBIT A
HDR
LRC
IR-5
SHDR
CH/5
LRC
LEGEND
.mmu, City Boundary
Land uses:
LRC - Local Retail Commercial
HDR - High Density-Residential
8HDR . Special High Density Residential
MR-5
CH/5
· Medium Residential (county)
- Commercial High, w/underlying MR-5 (county)
CH/5
$
TO:
FROM:
THROUGH:
DATE:
PRO.1ECT NAME/NUMBER:
REQUESTS:
DEVELOPMENT DEPARTMENT
PLANNZNG &ZONtNG DI~SZON
MEMORANDUM NO. PZ 04-219
Chairman and Members
Community Redevelopment Agency Board
Mayor and ~sion
Dick Hudsof~/AICP
Senior Planner
Michael W. Rumpf
Director of Planning and Zoning
September 1, 2004
Gulfstream Gardens (ANEX 04-003-LUAR 04-004)
· Annex a 4.8-acre portion of the property consisting of 9.99
acres;
· Amend the future land use designation from CH/5 (Palm Beach
County), General Commercial and Local Retail Commercial (City
of Boynton Beach) to Special High Density Residential; and
· Rezone the property from CG Commercial General (Palm Beach
County), C-4 General Commercial and C-3 Community
Commercial (City of Boynton Beach) to' PUD Planned Unit
Development.
Property Owners:
Applicant/Agent:
Location:
Parcel Size:
Existing Land Use:
PRO3ECT DESCRZPTZON
Multiple owners, including:
Broward Pump and Supply
Gulfstream Gardens, LLC
Peters Development & Managem. ent, ]:nc.
Bentley CKS, ]:nc.
Arthur E. Parsons, .lr. & Arthur E. Parsons, I]:I
Gulfstream Gardens, LLC/Bradley Miller, Miller Land Planning
Consultants, ]:nc.
West side of Federal Highway, approximately 1/, mile north of
Gulfstream Boulevard (Exhibit "A'O
9.99 acres
Commercial High/5 (Palm Beach County); General Commercial
and Local Retail Commercial (Boynton Beach)
6019
Page 2
File Number: LUAR 04-004
Gulfstream Gardens
Existing Zoning:
CG Commercial General (Palm Beach County); C-4 General
Commercial and C-3 Community Commercial (Boynton Beach)
Proposed Land Use:
Special High Density Residential (SHDR)
Proposed Zoning:
PUD Planned Unit Development
Proposed Use:
Multi-family Residential Community
Adjacent Uses:
North:
Developed commercial (Service Electric) in unincorporated Palm
Beach County designated CH~5 (Commercial High Intensity with
an underlying 5 units per acre residential) and zoned CG-
Commercial General
South:
Developed commercial (self-storage) designated Local Retail
Commercial (LRC) and zoned C-3 Community Commercial
East:
Right-of-way of Federal Highway, then developed commercial and
vacant land in unincorporated Palm Beach County designated
CH/5 and zoned CG
West:
Rights-of-way of Old Dixie Highway and FEC Railroad, then vacant
land (Seacrest Scrub) designated Conservation (CON) and zoned
REC Recreation
EXECUTE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
The requested annexation and land use amendment is consistent with the
Comprehensive Plan, and in particular with policies that support annexation of enclaves
and reduction of land for commercial use;
2. The requested land use amendment and rezoning will allow the development of a
project that will benefit the city, both fiscally and esthetically;
3. The requested change would help to further provide an economic contribution to both
the neighborhood and to the City, and;
4. There is a long-standing lack of demand for retail commercial land in the vicinity and a
high proven demand for residential land use in the Federal Highway corridor.
Page 3
File Number: LUAR 04-004
Gulfstream Gardens
BACKGROUND
When the Comprehensive Plan was adopted in 1989, the City included policies dealing with the
future annexation of properties adjacent to its boundaries. One of the City's policies is to
reduce existing enclaves through voluntary annexation. Palm Beach County has been generally
supportive of this policy, since providing services to these enclaves is difficult for the County,
and in fact, they rely on the City, through interlocal agreements, to provide emergency services.
]:t was envisioned that the properties along the Federal Highway Corridor south of the
intersection of Old Dixie Highway, including the subject parcels, would eventually be annexed
into the City and form a retail-oriented corridor, consistent with the land use designations and
zoning categories assigned by both the City and Palm Beach County and in effect at that time.
For example, the "Problems and Opportunities" section of the support documents suggested
that an appropriate use in this area would be new car dealerships.
Over the past several years, the City has seen a shift from the perpetuation of small commercial
uses along the corridor to residential uses, particularly those with densities greater than 10.8
units per acre. Higher density development was facilitated by the City's Comprehensive Plan
through the establishment of the Special High Density Residential classification, intended to
support redevelopment in the coastal area. This type of development furthered the pattern that
existed in the corridor, south of Woolbfight Road, before the adoption of the current
Comprehensive Plan. At the time of its adoption, there were already 4 developments that
exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac
(Seagate). The shift has served to replace marginal and sub-standard commercial uses with
residential projects that have enhanced the esthetics of the corridor, as well as the City's tax
base. The remaining viable neighborhood-serving commercial uses are being concentrated into
nodes located at major intersections along Federal Highway--Woolbright Road, Gulfstream
Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the
subject property continues this trend.
f4ASTER PLAN ANALYSIS
Under its present land use the property could be developed for the range of commercial uses
permitted within the existing Local Retail Commercial designation. This land use designation
also allows rezoning to the PUD zoning district at a density of 10.8 dwelling units per acre for a
total of 107 units. The developer is requesting a change of land use to the Special High Density
Residential classification to develop 199 condominium units and accessory amenities.
Generally, when a PUD is to be developed in a single phase, a Site Plan approval application is
submitted concurrent with the rezoning application, which can fulfill the requirements for both a
site plan and master plan. In this instance, the developer has chosen to submit a Master Plan.
Master Plans give general information about a proposed development through graphics and
tabular data, but are not so specific as to describe exact placement of buildings, architectural
design or proposed colors, and parking and landscaping details. These details are required
elements of a site plan application, which will be subsequently filed for this project. The
principal elements of a master plan consist of density, unit types, setbacks, access and
circulation and infrastructure sources and needs.
6021
Page 4
File Number: LUAR 04-004
Gulfstream Gardens
Staff has determined that the layout of the buildings, the proposed recreation amenities, the
internal circulation and the allocation of parking are in a configuration that creates a pedestrian-
friendly development that provide the feel of a neighborhood.
Major access to the development is from Federal Highway, with secondary access provided from
Old Dixie Highway. Federal Highway medians restrict access to the property to a right-in/right
out entrance. The two buildings fronting on Federal Highway, one a three-story 6 unit building
and the other a two-story 11 unit building, have a minimum of 25 feet of setback/buffer from
the property line. Buildings have 10 feet of setback/buffer from side and rear property lines.
Garage buildings on the north and south property lines show setback/buffers of 2.5 feet.
Buildings types are two and three stories and provide for a mix of fee simple townhomes and
residential condominium units. Buildings on the sides and rear of the property are two-story.
One two-story building and one three-story building front on Federal Highway, Maximum height
of any building is shown at 45 feet. Parldng spaces are provided either as first-floor garages, in
detached garage spaces or uncovered surface spaces. Tabular data shows that 398 spaces are
required and 417 are to be provided. Proposed recreation amenities include two swimming
pools, one adjacent to a clubhouse and one adjacent to a cabafia. A third, passive recreation
area, is a landscaped courtyard with a central water feature.
PRO.1ECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 9.99 acres. 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, regional and local comprehensive plans prior to adoption.
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive P/an Amendments: 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 Nap.
Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to
review the petition against the eight (8) criteria by which land use amendments and rezonings
are to be reviewed as indicated in Section 9.C.7. where the proposed zoning is consistent with
zoning or land use recommendations contained in the Comprehensive Plan. Usually in those
instances, staff analysis relates only to consistency with other relevant portions of the
Comprehensive Plan, the city's annexation program and service capability. ]:n this instance,
however, the analysis serves to strengthen the case for requesting a land use different from
that of abutting properties.
am
Whether the proposed rezoning would be cons/stent with applicable comprehensive
plan po#des 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
6022
Page 5
File Number: LUAR 04-004
Gulfstream Gardens
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with poi/c/es contained in the comprehensive plan.
The subject property is located on the west side of Federal Highway and therefore is not in the
hurricane evacuation zone; however, it is staff's recommendation that the developer provide a
mechanism to disseminate conUnuing information to residents concerning hurricane evacuation
and shelter locations through the homeowners' or residents' association that will be established.
Over the past several years, the City has seen a shi~ from the perpetuation of small
commercial uses along the corridor to residential uses, particularly those with densities greater
than 10.8 units per acre. Higher density development was facilitated by the City's
Comprehensive Plan through the establishment of the Special High Density Residential
classificaUon, intended to support redevelopment in the coastal area. Land use amendments
and rezonings, which change designations from commercial uses to residential uses, are
particularly consistent with two policies in the Comprehensive Plan:
"Policy 1.1Z 1
The City shall continue to discourage add/t/bna/commercial and industrial
uses beyond those which are currently shown on the Future Land Use Nap,
except where access is greatest and impacts on res/dent/a//and uses are
/east';' and
"Po/icy 1.19.7 The City shall continue to change the land use and zoning to permit only
res/dent/a/or other non-cornrnerda/ uses in areas where the demand for
comrnercia/ uses will not increase, particularly/n the Coastal Area."
The subject property is located in Planning Area V (Entrances to the City) in the Federal
H(qhway Corridor Community Redevelopment P/an, which was adopted by the City on May 16,
2001. The plan's recommendations for this planning area include the following:
"Encourage a variety of housing. Develop intensity standards that allow for a
variety of housing styles and types at intensities that will assist in supporting the
downtOwn area and general economic expansion." (p. 80); and
"Require a transition to the adjacent gateway neighborhoods. Create
development standards in the city entrance communities that establish a logical
transition to the gateway communities. Building scale, massing and placement should
be less intense than that of the adjacent planning areas, but substantial enough to
announce an arrival in the City." (p. 81)
In concert with the recommendations cited, the residenUal density of the proposed
development, and elimination of "strip" commercial areas in this vicinity will help support the
downtown commercial core, as well as recognized commercial nodes in the corridor. In
addition, it is proposed at a scale and massing that will provide a transition into the downtown
area, where development standards allow greater densities_ and more intense massing of
buildings.
6O23
Page 6
File Number: LUAR 04-004
Gulfstream Gardens
Whether the proposed re. zoning would be contrary to the established land use
pattern, or would create an isolated d/strict unrelated to adjacent and nearby
districts, or would constitute a grant of spec/al privilege to an individual property
owner as contrasted w/th the protect/on of the public welfare.
The changing development pattern in the Federal Highway corridor has seen an increase in the
number of residential developments with densities greater than 10.8 du/ac. This type of
development furthers the pattern that existed in the corridor, south of Woolbright Road, before
the adoption of the current Comprehensive Plan. At the time of its adoption, there were
already 4 developments that exceeded 10.8 du/ac with densities ranging from 21 du/ac
(Colonial Club) to 32.2 du/ac (Seagate). The shift in the development pattern has served to
replace marginal and sub-standard commercial uses with residential projects that have been an
enhancement to the esthetics of the corridor, as well as the City's tax base, supporting existing
commercial nodes and the downtown core. Additionally, the requested map amendment and
rezoning would serve to increase the range of housing opportunities available in the
redevelopment area.
c. Whether changed or changing condit~bns make the proposed rezon/ng desirable.
The request for conversion of parcels designated for commercial uses to Special High Density
Residential for condominium and townhouse development has become more prevalent in the
Federal Highway corridor in the last four years. Often the conversion serves to remove
marginal, and sometimes undesirable, commercial uses. This changing condition serves to
make the proposed rezoning desirable.
d. Whether the proposed use would be compatible with u~'/ity systems, roadways, and
other pub#c faci#ties.
According to the applicant, the City of Boynton Beach already provides water and sewer service
to the property; however, the demands for these services would greatly increase with the
change in use. Estimates supplied by the applicant show that the full development potential
demand for water and sewer under the present designation would be calculated at 0.125
gallons per day per square foot. With a development potential of 152,307 square feet of
commercial development, the demand would be 19,038 gallons per day for each water and
sewer. (The estimate for potential square footage developable on the site is less than the
maximum possible, since the applicant used 0.35 Floor Area Ratio (FAR), when in actuality, the
maximum FAR is 0.50.) Developed with 199 residential units, each unit housing 2.39 persons,
the demand for water would increase to 86,561 gallons per day (based on 182 gallons per
capita per day) and 49,939 gallons per day sewer capacity (based on 105 gallons per capita per
day.) These estimates do not consider the demands from residents of the mobile home park,
currently located on the property.
]:n estimating potential traffic generation under the commercial designation, the applicant used
0.35 FAR, and projects a maximum daily traffic generation of 5,211 trips, compared to 1,393
maximum trips per day, if developed with 199 dwelling units. Under the Palm Beach County
Traffic Performance Standards Ordinance, residential projects located east of 1-95 are exempt
from meeting Level of Service Standards of the Ordinance.
602.4
Page 7
File Number: LUAR 04-004
Gulfstream Gardens
Public School Concurrency Determination is not required as a part of the Land Use Amendment
process, but is required in conjunction with a rezoning/site plan application. The School District
has estimated that the project will generate 16 elementary school students, 12 middle school
students, and 8 high school students. All impacted schools in Concurrency Service Area
where the project is located, are operating below maximum capacity, therefore, concurrency is
not an issue.
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that
adequate capacity exists to accommodate the county's municipalities throughout the 10-year
planning period.
Lastly, drainage will be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
Whether the proposed rezoning would be compare'hie with the current and future
use of adjacent and nearby properb'es, or would affect the property values of
adjacent or nearby properties.
The proposed rezoning will be compatible with adjacent and nearby properties, and will only
serve to increase the value of these properties. While the properties both north and south of
the subject property are commercially zoned, the uses (self-storage to the south and a retail
lighting store to the north) are of relatively Iow intensity and neither the existing commercial
uses nor the proposed residential use will have a detrimental effect on the other.
Whether the property is physically and econorn/ca/ly developable under the existing
zoning.
Portions of the property are currently vacant and portions are developed with small commercial
uses, a church and a mobile home pa. rk. Most probably the entire property could be ·
redeveloped; however, with annexation of almost half of the property into the City, the Palm
Beach County zoning must be changed to a City of Boynton Beach zoning district. The C-3
Community Commercial district would most nearly correspond with Palm Beach County's
Commercial General zoning district, and the portion of the property fronting on Federal Highway
could be developed under C-3 Community Commercial zoning. The remaining portion of the
property fronting on Old Dixie Highway could also be redeveloped under C-4 General
Commercial zoning. It is unlikely, however, that a commercial tract of almost 10 acres would
be physically or economically viable.
g. Whether the proposed rezoning is ora scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning present the opportunity for redevelopment in
a highly visible entrance corridor to the City and will also support the current trend toward
greater residential uses in this area, economic revitalization, and downtown redevelopment.
6025
Page 8
File Number: LUAR 04-004
Gulfstream Gardens
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
In accordance with the definition of the Special High Density Residentialland use designation in
Policy :[.16.1 of the Future Land Use Element, residential densities of 20 du/ac are permitted in
the Federal Highway corridor to encourage infill development and redevelopment. There are a
limited number of sites elsewhere in the city where residential development could occur at a
density of :[0.8 du/ac; however, those sites do not offer the opportunity for redevelopment and
infill development that this location affords. Nor would development of those available sites
serve to promote the goals of the Community Redevelopment Agency and the Federal Highway
Corridor Community Redevelopment Plan.
CONCLUS];ONS/RECOI414ENDAT~ONS
/~s indicated herein, this request is consistent with the intent of the Comprehensive Plan; will
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the
overall economic development of the City. Therefore, staff recommends that the subject
request be approved. If conditions of approval are recommended by the Community
Redevelopment Area Board or required by the City Commission, they will be included as Exhibit
ATTACH M ENTS
S:\Plannlng~SHARED\WP~PRO3ECTS\Gulfsb'eam Gardens' LUAR 04-O04\5-1'AFF REPORT NEW,doc
(~)26
TO:
FROM:
THROUGH:
DATE:
PRO.1ECT NAME/NUMBER:
REQUESTS:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DZVZSION
MEMORANDUM NO. PZ 04-2:!.9
Chairman and Members
Community Redevelopment Agency Board
Mayor and ~sion
Dick HudsoN?', A~CP
Senior Planner~,-~,'/~,[~' ;~
Michael W. Rumpf--
Director of Planning and Zoning
September 1, 2004
Gulfstream Gardens (ANEX 04-003-LUAR 04-004)
· Annex a 4.8-acre portion of the property consisting of 9.99
acres;
· Amend the future land use designation from CH/5 (Palm Beach
County), General Commercial and Local Retail Commercial (City
of Boynton Beach) to Special High Density Residential; and
· Rezone the property from CG Commercial General (Palm Beach
County), C-4 General Commercial and C-3 Community
Commercial (City of Boynton Beach) to 'PUD Planned Unit
Development.
Property Owners:
Applicant/Agent:
Location:
Parcel Size:
Existing Land Use:
PRO3ECT DESCRZP'rZON
Multiple owners, including:
Broward Pump and Supply
Gulfstream Gardens, LLC
Peters Development & Management, ]:nc.
Bentley CKS, ]:nc.
Arthur E. Parsons, ,lt. & Arthur E. Parsons,
Gulfstream Gardens, LLC/Bradley Miller, Miller Land Planning
Consultants, Inc.
West side of Federal Highway, approximately 1/4 mile north of
Gulfstream Boulevard (Exhibit
9.99 acres
Commercial High/5 (Palm Beach County); General Commercial
and Local Retail Commercial (Boynton Beach)
Page 2
File Number: LUAR 04-004
Gulfstream Gardens
Existing Zoning:
CG Commercial General (Palm Beach County); c-4 General
Commercial and C-3 Community Commercial (Boynton Beach)
Proposed Land Use:
Special High Density Residential (SHDR)
Proposed Zoning:
PUD Planned Unit Development
Proposed Use:
Multi-family Residential Community
Adjacent Uses:
North:
Developed commercial (Service Electric) in unincorporated Palm
Beach County designated CH/5 (Commercial High 1intensity with
an underlying 5 units per acre residential) and zoned CG-
Commercial General
South:
Developed commercial (self-storage) designated Local Retail
Commercial (LRC) and zoned C-3 Community Commercial
East:
Right-of-way of Federal Highway, then developed commercial and
vacant land in unincorporated Palm Beach County designated
CH~5 and zoned CG
West:
Rights-of-way of Old Dixie Highway and FEC Railroad, then vacant
land (Seacrest Scrub) designated Conservation (CON) and zoned
REC Recreation
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
The requested annexation and land use amendment is consistent with the
Comprehensive Plan, and in particular with policies that support annexation of enclaves
and reduction of land for commercial use;
2. The requested land use amendment and rezoning will allow the development of a
project that will benefit the city, both fiscally and esthetically;
3. The requested change would help to further provide an economic contribution to both
the neighborhood and to the City, and;
4. There is a long-standing lack of demand for retail commercial land in the vicinity and a
high proven demand for residential land use in the Federal Highway corridor.
Page 3
File Number: LUAR 04-004
Gulfstream Gardens
BACKGROUND
When the Comprehensive Plan was adopted in 1989, the City included policies dealing with the
future annexation of properties adjacent to its boundaries. One of the City's policies is to
reduce existing enclaves through voluntary annexation. Palm Beach County has been generally
supportive of this policy, since providing services to these enclaves is difficult for the County,
and in fact, they rely on the City, through inteflocal agreements, to provide emergency services.
l~t was envisioned that the properties along the Federal Highway Corridor south of the
intersection of Old Dixie Highway, including the subject parcels, would eventually be annexed
into the City and form a retail-oriented corridor, consistent with the land use designations and
zoning categories assigned by both the City and Palm Beach County and in effect at that time.
For example, the "Problems and Opportunities" section of the support documents suggested
that an appropriate use in this area would be new car dealerships.
Over the past several years, the City has seen a shift from the perpetuation of small commercial
uses along the corridor to residential uses, particularly those with densities greater than 10.8
units per acre. Higher density development was facilitated by the City's Comprehensive Plan
through the establishment of the Special High Density Residential classification, intended to
support redevelopment in the coastal area. This type of development furthered the pattern that
existed in the corridor, south of Woolbright Road, before the adoption of the current
Comprehensive Plan. At the time of its adoption, there were already 4 developments that
exceeded 10.8 du/ac with densities ranging from 21 du/ac (Colonial Club) to 32.2 du/ac
(Seagate). The shift has served to replace marginal and sub-standard commercial uses with
residential projects that have enhanced the esthetics of the corridor, as well as the City's tax
base. The remaining viable neighborhood-serving commercial uses are being concentrated into
nodes located at major intersections along Federal Highway--Woolbfight Road, Gulfstream
Boulevard, and Old Dixie Highway. The request for a land use amendment and rezoning for the
subject property continues this trend.
MASTER PLAN ANALYSZS
Under its present land use the property could be developed for the range of commercial uses
permitted within the existing Local Retail Commercial designaUon, This land use designation
also allows rezoning to the PUD zoning district at a density of 10,8 dwelling units per acre for a
total of 107 units, The developer is requesting a change of land use to the Special High Density
Residential classification to develop 199 condominium units and accessory amenities,
Generally, when a PUD is to be developed in a single phase, a Site Plan approval application is
submitted concurrent with the rezoning application, which can fulfill the requirements for both a
site plan and master plan. ]:n this instance, the developer has chosen to submit a Master Plan.
Master Plans give general information about a proposed development through graphics and
tabular data, but are not so specific as to descdbe exact placement of buildings, architectural
design or proposed colors, and parking and landscaping details. These details are required
elements of a site plan application, which will be subsequently filed for this project. The
principal elements of a master plan consist of density, unit types, setbacks, access and
circulation and infrastructure sources and needs.
Page 4
File Number: LUAR 04-004
Gulfstream Gardens
Staff has determined that the layout of the buildings, the proposed recreation amenities, the
internal circulation and the allocation of parking are in a configuration that creates a pedestrian-
friendly development that provide the feel of a neighborhood.
Major access to the development is from Federal Highway, with secondary access provided from
Old Dixie Highway. Federal Highway medians restrict access to the property to a right-in/right
out entrance. The two buildings fronting on Federal Highway, one a three-story 6 unit building
and the other a two-story 11 unit building, have a minimum of 25 feet of setback/buffer from
the property line. Buildings have 10 feet of setback/buffer from side and rear property lines.
Garage buildings on the north and south property lines show setback/buffers of 2.5 feet.
Buildings types are two and three stories and provide for a mix of fee simple townhomes and
residential condominium units. Buildings on the sides and rear of the property are two-story.
One two-story building and one three-story building front on Federal Highway, Maximum height
of any building is shown at 45 feet. Parking spaces are provided either as first-floor garages, in
detached garage spaces or uncovered surface spaces. Tabular data shows that 398 spaces are
required and 417 are to be provided. Proposed recreation amenities include two swimming
pools, one adjacent to a clubhouse and one adjacent to a cabafia. A third, passive recreation
area, is a landscaped courtyard with a central water feature.
PRO3ECT ANALYSTS
The parcels, which are the subject of this land use amendment, total 9.99 acres. 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, regional and local comprehensive plans prior to adoption.
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, ]:tem C.
Comprehensive P/an Amendments: Rezon/ngs. 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.
Pursuant to Section 9.C.2(2) of the Land Development Regulations, staff is not required to
review the petition against the eight (8) criteria by which land use amendments and rezonings
are to be reviewed as indicated in Section 9.C.7. where the proposed zoning is consistent with
zoning or land use recommendations contained in the Comprehensive Plan. Usually in those
instances, staff analysis relates only to consistency with other relevant portions of the
Comprehensive Plan, the city's annexation program and service capability. ]:n this instance,
however, the analysis serves to strengthen the case for requesting a land use different from
that of abutting properties.
Whether the proposed rezon/ng would be cons/stent with applicable comprehensive
p/an po/ides 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 Pa/rn Beach County Emergency Planning D/v/s/on and the City's risk
manager, The planning department sha// a/so recommend limitations or
Page 5
File Number: LUAR 04-004
Gulfstream Gardens
requirements, which would have to be imposed on subsequent development of the
property, in order to comply w/th policies contained in the comprehensive p/an.
The subject property is located on the west side of Federal Highway and therefore is not in the
hurricane evacuation zone; however, it is staff's recommendation that the developer provide a
mechanism to disseminate conUnuing information to residents concerning hurricane evacuation
and shelter locations through the homeowners' or residents' association that will be established.
Over the past several years, the City has seen a shiffc from the perpetuation of small
commercial uses along the corridor to residenUal uses, particularly those with densiUes greater
than 10.8 units per acre. Higher density development was facilitated by the City's
Comprehensive Plan through the establishment of the Special High Density Residential
classification, intended to support redevelopment in the coastal area. Land use amendments
and rezonings, which change designations from commercial uses to residential uses, are
particularly consistent with two policies in the Comprehensive Plan:
"Policy 1..I Z.I
The City shall continue to discourage additional commercial and/ndustiial
uses beyond those which are currently shown on the Future Land Use I~ap,
except where access/s greatest and impacts on res/dent/a//and uses are
/east~,· and
"Policy 1.19. 7
The City shall continue to change the land use and zoning to permit only
residential or other non-commercial uses in areas where the demand for
commercial uses wi//not increase, par~'cu/ar/y in the Coastal Area."
The subject property is located in Planning Area V (Entrances to the City) in the Federal
Hi_qhway Corridor Community Redevelopment P/an, which was adopted by the City on May :16,
200:1. The plan's recommendations for this planning area include the following:
"Encourage a variety of housing. Develop intensity standards that allow for a
variety of housing styles and types at intensities that will assist in supporting the
downtown area and general economic expansion." (p. 80); and
"Require a transition to the adjacent gateway neighborhoods. Create
development standards in the city entrance communities that establish a logical
transition to the gateway communities. Building scale, massing and placement should
be less intense than that of the adjacent planning areas, but substantial enough to
announce an arrival in the City." (p. 8:1)
In concert with the recommendations cited, the residential density of the proposed
development, and elimination of "strip" commercial areas in this vicinity will help support the
downtown commercial core, as well as recognized commercial nodes in the corridor. In
addition, it is proposed at a scale and massing that will provide a transition into the downtown
area, where development standards allow greater densities and more intense massing of
buildings.
Page 6
File Number: LUAR 04-004
Gulfstream Gardens
Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would cons~'tute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The changing development pattern in the Federal Highway corridor has seen an increase in the
number of residential developments with densities greater than 10.8 du/ac. This type of
development furthers the pattern that existed in the corridor, south of Woolbright Road, before
the adoption of the current Comprehensive Plan. At the time of its adopUon, there were
already 4 developments that exceeded 10.8 du/ac with densities ranging from 2:[ du/ac
(Colonial Club) to 32.2 du/ac (Seagate). The shitt in the development pattern has served to
replace marginal and sub-standard commercial uses with residential projects that have been an
enhancement to the esthetics of the corridor, as well as the City's tax base, supporting existing
commercial nodes and the downtown core. Additionally, the requested map amendment and
rezoning would serve to increase the range of housing opportunities available in the
redevelopment area.
c. Whether changed or changing cond/D'ons make the proposed rezon/ng desirable.
The request for conversion of parcels designated for commercial uses to Special High Density
Residential for condominium and townhouse development has become more prevalent in the
Federal Highway corridor in the last four years. Often the conversion serves to remove
marginal, and sometimes undesirable, commercial uses. This changing condition serves to
make the proposed rezoning desirable.
d. Whether the proposed use would be compa~'ble with utility systems, roadways, and
other public faciliD'es,
According to the applicant, the City of Boynton Beach already provides water and sewer service
to the property; however, the demands for these services would greaUy increase with the
change in use. Estimates supplied by the applicant show that the full development potential
demand for water and sewer under the present designation would be calculated at 0.:[25
gallons per day per square foot. With a development potential of :[52,307 square feet of
commercial development, the demand would be 19,038 gallons per day for each water and
sewer. (The estimate for potential square footage developable on the site is less than the
maximum possible, since the applicant used 0.35 Floor Area Ratio (FAR), when in actuality, the
maximum FAR is 0.50.) Developed with 199 residential units, each unit housing 2.39 persons,
the demand for water would increase to 86,56! gallons per day (based on 182 gallons per
capita per day) and 49,939 gallons per day sewer capacity (based on 105 gallons per capita per
day.) These estimates do not consider the demands from residents of the mobile home park,
currently located on the property.
:in estimating potential traffic generation under the commercial designation, the applicant used
0.35 FAR, and projects a maximum daily traffic generation of 5,21! trips, compared to 1,393
maximum trips per day, if developed with 199 dwelling units. Under the Palm Beach County
Traffic Performance Standards Ordinance, residential projects located east of ]:-95 are exempt
from meeting Level of Service Standards of the Ordinance.
Page 7
File Number: LUAR 04-004
Gulfstream Gardens
Public School Concurrency Determination is not required as a part of the Land Use Amendment
process, but is required in conjunction with a rezoning/site plan application. The School District
has estimated that the project will generate 16 elementary school students, 12 middle school
students, and 8 high school students. All impacted schools in Concurrency Service Area 19,
where the project is located, are operating below maximum capacity, therefore, concurrency is
not an issue.
With respect to solid waste, the Palm Beach County Solid Waste Authority has stated that
adequate capacity exists to accommodate the county's municipalities throughout the 10-year
planning period.
Lastly, drainage will be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
Whether the proposed rezoning would be compaq'hie with the current and future
use of adjacent and nearby properUes, or would affect the property values of
adjacent or nearby properb'es.
The proposed rezoning will be compatible with adjacent and nearby properties, and will only
serve to increase the value of these properties. While the properties both north and south of
the subject property are commercially zoned, the uses (self-storage to the south and a retail
lighting store to the north) are of relatively Iow intensity and neither the existing commercial
uses nor the proposed residential use will have a detrimental effect on the other.
f. Whether the property is physically and economically developable under the ex/sUng
zoning.
Portions of the property are currently vacant and portions are developed with small commercial
uses, a church and a mobile home park. Most probably the entire property could be
redeveloped; however, with annexation of almost half of the property into the City, the Palm
Beach County zoning must be changed to a City of Boynton Beach zoning district. The C-3
Community Commercial district would most nearly correspond with Palm Beach County's
Commercial General zoning district, and the portion of the property fronting on Federal Highway
could be developed under C-3 Community Commercial zoning. The remaining portion of the
property fronting on Old Dixie Highway could also be redeveloped under C-4 General
Commercial zoning. ]:t is unlikely, however, that a commercial tract of almost 10 acres would
be physically or economically viable.
9. Whether the proposed rezoning is ora scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning present the opportunity for redevelopment in
a highly visible entrance corridor to the City and will also support the current trend toward
greater residential uses in this area, economic revitalization, and downtown redevelopment.
Page 8
File Number: LUAR 04-004
Gulfstream Gardens
h. Whether there are adequate sites e/sewhere in the city for the proposed use, in
districts where such use is already allowed.
In accordance with the definition of the Spec/a/High Density Res/dent/a/land use designation in
Policy 1.16.1 of the Future Land Use Element, residential densities of 20 du/ac are permitted in
the Federal Highway corridor to encourage infill development and redevelopment. There are a
limited number of sites elsewhere in the city where residential development could occur at a
density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and
infill development that this location affords. Nor would development of those available sites
serve to promote the goals of the Community Redevelopment Agency and the Federal Highway
Corridor Community Redevelopment Plan.
CONCLUSZONS/RECOMMENDAI'~ONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the
overall economic development of the City. Therefore, staff recommends that the subject
request be approved. If conditions of approval are recommended by the Community
Redevelopment Area Board or required by the City Commission, they will be included as Exhibit
A'I-I-ACH M ENTS
S:\Plannlng~SHARED\WP\PRO~lECT'S\Gulfs'tream Gardens\LUAR 04-004\STAFF REPORT NEW.doc
DEVELOPHENT DEPARTMENT
PLANNING & ZON:~NG DI'V~S~ZON
HEHORANDUH NO, PZ 04-213
TO:
FROM:
THROUGH:
DATE:
PRO]ECT NAME/NUMBER:
Chair and Members
Community Redevelopment Agency Board and City Commission
Eric Lee Johnson, AICP d~"
Planner
Michael W. Rumpf
Director of Planning and Zoning
August 31, 2004
Edward Medical Office Building
LUAR 04-008 and ANEX 04-004
Property Owner:
Applicant/Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Adjacent Uses:
North:
pRO3ECT DESCRIPTION
Mr. Hany Edward
Mr. Hany Edward
West side of South Federal Highway, approximately 350 feet
south of the intersection of Old Dixie Highway and South Federal
Highway (Exhibit "A'- Location Map)
CH/5 Commercial High Intensity (Palm Beach County)
CG General Commercial (Palm Beach County)
Local Retail Commercial (LRC)
Community Commercial (C-3)
To annex the 0.72-acre parcel, to reclassify its land use to Local
Retail Commercial (LRC), and rezone to Community Commercial
(C-3) in order to construct an 11,957 square foot medical office
building.
Developed commercial property with a Local Retail Commercial
(LRC) land use classificaUon, zoned Community Commercial (C-3);
Page 2
Edward Medical Office Builidng
File Numbers: ANEX 04-004 and LUAR 04-008
South:
Developed commercial property classified as Palm Beach County
Commercial High / Medium Residential MR-5 (CH / 5) land use
and zoned Palm Beach County General Commercial (CG);
East:
Right-of-way for South Federal Highway, then farther east is
undeveloped residential property (future Waterside residential
development by Southern Homes, :[nc.) with a Special High
Density Residential (SHDR) land use classification, zoned ]:nfill
Planned Unit Development (]:PUD);
West:
Developed residential property classified as Palm Beach County
Medium Residential (5 units per acre - RM/5) land use and zoned
Palm Beach County Residential Multi-family (RM).
EXECUI"I'VE SUMMARY
Staff recommends approval of the requested annexaUon / land use amendment / rezoning for
the following reasons:
The requested annexation is consistent with the objectives of the City's annexation
program, which emphasizes the annexation of enclaves, and relevant policies in the
Comprehensive Plan;
2. The requested land use and zoning are consistent with respective current designations
in unincorporated Palm Beach County;
3, The requested change would help to further provide an economic contribution to both
the neighborhood and to the City,
PROPERTY OWNER No'rzFZCA'rZON
Owners of properties within 400 feet of the subject annexation / land use amendment /
rezoning were mailed a notice of this request and its respective hearing dates. The applicant
certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007.
PRO3ECT ANALYSi'S
A land use amendment can be defined as a change to the City's Comprehensive Plan that seeks
to modify the text of the adopted goals, objectives, and / or policies contained within the Plan.
Also, an amendment can be described as a change to the Future Land Use Map. Amendments
to the Comprehensive Plan are divided into two (2) separate processes, namely large-scale and
small-scale text amendments. The process by which to review a petition is determined by the
size of the parcel with 10-acres being the threshold. The subject property is 0.72 acre, which is
smaller than the 10-acre threshold and therefore eligible for the small-scale amendment
process. Small-scale text and Map amendments do not require the Florida Department of
Community Affairs (DCA) to review for compliance with state and regional plans prior to its
adoption by the City. This means that the proposed amendment, if desired by the city, would
Page 3
Edward Medical Office Builidng
File Numbers: ANEX 04-004 and LUAR 04-008
be adopted first, and then subsequently forwarded to the DCA for their records ("large-scale"
amendments are not adopted until following consistency review by the DCA).
The proposed small-scale amendment / rezoning application is being reviewed concurrently with
an accompanying request for annexation (ANEX 04-004). The subject property's current land
use classification is CH/5 Commercial High Zntensity (Palm Beach County). The Palm Beach
County Future Land Use Atlas contains 42 different "commercial" land use classificaUons. By
contrast, the City of Boynton Beach Future Land Use Map contains only three (3) different
"commercial" categories of land use classifications. The applicant is requesting to annex into
the City to utilize the Local Retail Commercial (LRC) land use classificaUon and the Community
Commercial (C-3) zoning district. The proposed land use classification (LRC) is the city's
equivalent to the County's CH/5 land use classification, in terms of the allowable uses and
respective intensities. Therefore, the requested land use amendment/ rezoning application
would be consistent with Chapter 2, Section 9.C.2(2) of the Land Development RegulaUons.
Since this is the case, the request is relatively straightforward and would not require an
evaluation of the eight (8) criteria against which rezoning applications are normally reviewed, as
outlined in Chapter 2, Section 9.C.7 of the Land Development Regulations. Instead, staff
analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the
city's annexation program and service capability.
The only policy in the Comprehensive Plan that would be pertinent to this request for
annexation / land use amendment / rezoning would be Policy 8,10.4, which states the
following:
The City shall coordinate w/th Palm Beach County regarding the prevenO'on of enclaves,
pockets, or other undesirable land configurations adjacent to, or in the proximity to,
corporate//m/ts, pr/or to annexation of any parce/s into the City.
Basically, this Policy requires the establishment of an annexaUon program, promotes
orderly annexation, and prohibits the creation of new enclaves. The annexation of the
subject property will further the efforts of the annexaUon program through reduction in
the number of enclave properties. State annexation law allows the annexation of
enclaves that are less than 10 acres through an inter-local agreement with the County
without the consent of the property owners. Currently, objectives of the annexation
program include annexing all enclaves less than 10 acres, and to incrementally annex
enclave properties with the intent to reducing them below the 10-acre threshold.
Therefore, the annexation of this parcel is consistent with the only policy within the
Comprehensive Plan regarding annexation.
The subject property lies within Planning Area #1 - Coastal Area, as defined by Section VIII
Land Use Problems and Opportunities of the 1989 Comprehensive Plan. Sub-section 1.q. of
Planning Area #1 states the following:
Ex/sting land uses along the LI.$. 1 frontage are predom/nately retail; consequently a
Local Retail Commercial (LRC) /and use des/gnat/on and Community Commercial (C-3)
zoning category are appropriate, both for lots, which are presently in the City, and
those, which cz///be annexed.
Page 4
Edward Medical Office Builidng
File Numbers: ANEX 04-004 and LUAR 04-008
The requested land use and zoning is consistent with the recommendations of Section
VIII Land Use Problems and Opportunities, sub-section 1.q., found in the support
documents for the 1989 City Of Boynton Beach Comprehensive Plan for properties to be
annexed within this vicinity.
In connection with previous annexation studies, city departments most affected by annexations
(e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability
and costs. All opinions previously collected from these departments supported the incremental
annexation of enclaves. These opinions have been based on the following:
1. The enclaves are all immediately adjacent to areas within the city that currently receive
urban services;
2. Ample service capacity exists to serve adjacent unincorporated properties; and
3. Most enclaves currently receive service from the city via the mutual aid agreement
(Police and Fire / EMS only);
With respect to impact upon roadways, the Palm Beach County Traffic Division has
reviewed the project and determined that it meets Traffic Performance Standards of
Palm Beach County.
The Police and Fire Departments report that this project has been reviewed for potential
service impacts and availability, and based on the planned office use, it has been
determined that services allocated to, or existing within the area are adequate to
provide the project with a necessary level of service. However, with respect to potable
water and wastewater utilities, the review of the proposed site plan (which is being
reviewed concurrently with this petition) identified the absence of potable water lines
directly accessible to the subject property. As part of site plan approval, the water line
shall be extended in order to access to city utilities. The review of the site plan
application has been delayed to allow for project engineers to evaluate and address this
situation. The project would tie in to an existing four (4)-inch sanitary sewer line.
CONCLUSZONS / RECOMMENDATZONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the
overall economic development of the City. Therefore, staff recommends that the subject
request be approved. If conditions of approval are recommended by the Community
Redevelopment Agency Board or required by the City Commission, they will be included as
Exhibit "B"- Conditions of Approval.
A'I-FACH M ENTS
S:~Planning~SHARBD\WI~RO JBCTS~?.,dwatd Medical O~c¢~LUAR 04-008~Staff Report.doc
EDWARD MEDIC-AL OFFICE
LOCATION MAP
EXHIBIT A
HDR
LRC
IR-5
SHDR
CH/5
LRC
LEGEND
· ..u; City Boundary
Land uses:
LRC - Local Retail Commercial
HDR - High Density Resl.dentlal
SHDR . 8peclal High Density Residential
MR-5 - Medium Residential (county)
CH/5 - Commercial High, w/undeHylng MR-5 (county}
CH/5
DEVELOPMENT DEPARTMENT
pLANNZNG AND ZONI'NG DZVZSI'ON
MEMORANDUM NO. PZ 04-217
TO:
THRU:
FROH:
DATE:
SUB3ECT:
Chair and Members
Community Redevelopment Agency
,c ae, w.
Planning and Zoning Director
Eric Lee .Johnson, AICP
Planner
September 1, 2004
Abandonment of a portion of Northeast 2"d Street
ABAN 04-005
NATURE OF REOUEST
The applicants, Roger B. DeCapito and .]ames W. Knight are requesting to abandon a portion of the Northeast 2"d
Street right-of-way. This 40-foot wide unimproved right-of-way is situated between Lot 7, Block 3 and Lot 3, Block
3 of the Boynton Plat. The abandonment request was submitted on May 19, 2004. The platted roadway segment is
described as follows:
A portion of that certain road right of way lying in Block 3, of the Plat of BOYNTON as recorded in Plat Book 1,
Page 23, of the Public records of Palm Beach County, Florida, said right of way being a 40 foot strip of land lying
adjacent to and abutting Lots 3 and 7, Block 3 of said Plat of Boynton and being more particularly described as
follows:
BEGINNING at the Southwest Corner of Lot 3, Block 3, Plat of BOYNTON as recorded in Plat Book 1, Page 23,
of the Public Records of Palm Beach County, Florida; thence Westerly along the North line of a 20 foot alley
said line also being the Westerly extension of the South line of said Lot 3, Block 3, to the Southeast corner of
Lot 7, Block 3, of said Plat of BOYNTON; thence Northerly along the East Line of Lot 7, Block 3, to the South
Right of Way of Boynton Beach Boulevard; thence Easterly along the South right of way line of said Boynton
Beach Boulevard to the West Line of Said Lot 3, Block 3; thence Southerly along the West line of Lot 3, Block
3, to the POINT OF BEGINNING.
Containing 5,059 square feet more or less and subject to easements, reservations, restrictions and rights-of-
way of record.
The Exhibit "A"- Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit "B"-
"Proposed Abandonment" shows the exact location of the subject site and its legal description. The following is a
description of the land uses and zoning districts of all properties that surround the subject right-of-way.
North
South
Right-of-way for Boynton Beach Boulevard, then farther north is developed commercial
(DYs Restaurant), zoned Neighborhood Commercial (C-2);
Right-of-way for a-20-foot Wide alley, then farther south is unimproved right-of-way for
Northeast 2nd Street;
Page 2
Memorandum No. PZ 04-217
ABAN 04-005
East
Developed commercial (vacant building), zoned Neighborhood Commercial (C-2); and
West - Developed commercial (The Haven), zoned Neighborhood Commercial (C-2).
BACKGROUND
The subject right-of-way (formally known as Dewey Place) lies within the boundaries of the Boynton Plat. The plat,
originally approved on September 26, 1898, included 162 individual lots, a 100-foot wide right-of-way owned by the
Florida East Coast (F.E.C.) Railroad, and several 20-foot wide and 40-foot wide alleys and streets, which were
dedicated for perpetual use by the public. The plat also contains a reverter clause, which states "reserving to
ourselves our heirs assigns the reversion or reversions there of, whenever discontinued by law". As such, this
clause is in favor of the original interest party if any right-of-way is abandoned. Pursuant to Flodda Statutes Sections
117.085, reversions contained in plats recorded prior to July 1, 1972 would be extinguished if specific action were
not taken to establish such fights on or before July 1, 1973. Under direction of the city's legal department, the
applicant shall provide a statement confirming that such action was not taken, and providing assurance that, in the
event that a future title issue arises from the abandonment, as it relates to the reversionary interest, the property
owner shall provide any required defense of it at its sole cost and expense. The applicant informed staff that it is
their intention to abandon the unimproved right-of-way in order to develop additional parking for their now vacant
building located at 306 East Boynton Beach Boulevard.
ANALYSIS
When a right-of-way, such as this unimproved street, is abandoned, the abandoned land is transferred from th-
general public to the abutting property owner(s). Typically, two (2) properties would be affected by a..
abandonment request. Normally, one-half of the right-of-way is conveyed to one (1) abutting property owner and
the other half is conveyed to the other abutting property owner. Adequate public notice was given to all affected
property owners in accordance with Chapter 22, Article III, Section 4 of the Land Development Regulations. All
public utility companies have been notified and the abandonment request has been advertised in the local
newspaper. The applicants requesting this abandonment are the owners of the property to the east (Lot 7, Block 3
Boynton). Public records indicate that Hudson Valley Holdings own the property to the west (Lot 3, Block 3
Boynton). A summary of the responses from the uUlity companies and city staff is noted as follows:
C]-I-Y DEPARTMENTS/DIVISIONS
Engineering -
Public Works / Utilities -
Planning and Zoning -
No objection
Approval with conditions (see Exhibit "C" - Conditions of Approval)
Approval with conditions (see Exhibit"C" - Conditions of Approval)
PUBLIC U'I'IL~q'Y COMPANIES
Florida Power and Light
Bellsouth
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
No objection
Approval with conditions (see Exhibit "C" - Conditions of
Approval)
No objection
No objection
N/A
All public utility providers have been nOtified and all are-recommending approval of the abandonment request.
However, it must be noted that Bellsouth believes that underground telecommunication infrastructure Is present
within the unimproved roadway. Therefore, Bellsouth is requiring that a utiliW easement be dedicated over the
Page 3
Memorandum No. PZ 04-217
ABAN 04-005
abandoned portion of the right-of-way. Dedication of a utility easement would grant Bellsouth legal access to the
properly for maintenance or upgrade purposes, while still allowing the applicant to develop a portion of the property
as a parking lot. The City Public Works / Utilities Department, which is also recommending approval, would oversee
the easement dedication process. Lastly, the Community Redevelopment Agency has no objection to the applicant's
request because the right-of-way is not in any of the Agency's plans for right-of-way linkage or connections.
According to the Agency, the abandonment would help facilitate future land assemblage for redevelopment
purposes. There are also no isolated parcels adjacent to the subject right-of-way that would rely solely upon this
street for access.
RECOMMENDATZON
Staff has determined that the subject alley does not serve a public purpose, and therefore is recommending
approval of the request to abandon this portion of the 40-foot unimproved roadway as described above, subject to
the comments included in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the
Community Redevelopment Agency Board or by the Commission will be placed in Exhibit "C' - Conditions of
Approval.
S:\Planning\SHARED\WP\PROJECTS\306 BBB, ABAN 04-005\Staff Report.doc
1 in. = 150.0 feet
_ /
PU
t/
I
E VE E
LOCATION MAP
306 E BOYNTON BEACH BLVD
EXHIBIT "A"
I'-/r,~Hlldl I "il"
EXHIBIT "C"
Conditions of Approval
Project name: Abandonment of Northeast 2nd Street (Dewey Place) for 306 East Boynton Beach Boulevard
File number: ABAN 04-005
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. This roadway is currently paved over as a parking area and does not contain X
any underground utilities of the City, but recognizes that Bellsouth telephone
apparently has buried cable in the general area. Therefore, a utility easement
would be required.
2. No structures or landscaping shall be placed within the confines of the X
required utility easement without the express written consent of the
Engineering Division of Public Works.
3. The legal description needs to read as follows: X
"A 40-foot roadway right-of-way lying between Lots 3 and 7, in Block 3,
BOYNTON, according to the plat thereof as recorded in Plat Book 1, Page
23 of the Public Records of Palm Beach Count7, Florida".
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
I
PARKS AND RECREATION
Comments: None /Cr?) c/3- X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
4. The dedication of the utility easement shall occur prior to the second reading X
of the ordinance.
PUBLIC UTILITY PROVIDERS
Comments: None X
5. Bellsouth has investigated the request and found there to be buried X
telecommunication facilities in the vicinity of the right-of-way abandonment.
A more thorough investigation will reveal specifically where the buried
telecommunication facilities are located. Bellsouth may require a utility
easement encompassing the path of the existing facilities, including any
lateral occurrences.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
6. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
7. To be determined.
S:~Plannlng~,SHARED'iWP~PROJECTS~306 8B~, ABAN 04-005~,COA.d0c
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
306 East Boynton Beach Boulevard (ABAN 04-005)
APPLICANT'S AGENT: Roger B. DeCapito and James W. Knight
APPLICANT'S ADDRESS: 1421 Cormorant Road Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 21, 2004
TYPE OF RELIEF SOUGHT:
Request abandonment of a portion of the Northeast 2nd Street (f.k.a. Dewey
Place) right-of-way located between Lot 7 and Lot 3, Block 3 of Boynton
(Dade Co. Fla.) plat.
LOCATION OF PROPERTY:
Located near 306 East Boynton Beach Boulevard, which is on the south side
of Boynton Beach Boulevard, between Northeast 1st Street and Northeast 3rd
Street.
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
X 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 ;)roperty shall be made in accordance with the terms and
conditions of this order.
7. Other
DATED:
S:\Planning\SHARED\WP\PROJECTS\306 BBB, ABAN 04-005\DO.doc
City Clerk
TO:
THRU:
FROM:
DATE:
PROJECT NAME/NO:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNZNG AND ZONZNG DZV~SZON
MEMORANDUM NO. PZ 04-210
STAFF REPORT
Chair and Members
Community Redevelopment Agency Board
Michael Rumpf
Planning and Zoning Director
Eric Lee .]ohnson, AICP
Planner
August 31, 2004
Edward Medical Office Building / NWSP 04-012
New Site Plan
Property Owner:
Applicant:
Agent:
Location:
Existing Land Use:
Proposed Land Use:
Existing Zoning:
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
PRO.]ECT DESCR/P'I'~ON
Mr. Hany Edward
Mr. Hany Edward
Mr. Hany Edward
West side of South Federal Highway, approximately 350 feet south of the
intersection of Old Dixie Highway and South Federal Highway (see
Location Map - Exhibit "A'~
CH/5 Commercial High [ntensity (Palm Beach County)
Local Retail Commercial (LRC)
CG General Commercial (Palm Beach County)
Community Commercial (C-3)
11,957 square foot medical office building
0.72-acre (31,702 square feet)
Developed commercial property with a Local Retail Commercial (LRC) land
use classification, zoned Community Commercial (C-3);
Developed. cOmmercial property classified as Palm Beach County
Commercial High / Medium Residential MR-5 (CH./5) land use and zoned
Staff Report - Edward Medical Office Building (NWSP 04-012)
Memorandum No PZ 04-210
Page 2
Palm Beach County General Commercial (CG);
East:
Right-of-way for South Federal Highway, then farther east is undeveloped
residential property (future Waterside residential development by
Southern Homes, Inc.) with a Special High Density Residential (SHDR)
land use classification, zoned [nfill Planned Unit Development ([PUD);
West:
Developed residential property classified as Palm Beach County Medium
Residential (5 units per acre - RH/5) land use and zoned Palm Beach
County Residential Multi-family (RM).
PROPERTY OWNER NOTZFZC,.A'rZON
Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request
and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in
accordance with Ordinance No. 04-007.
BACKGROUND
Proposal:
Mr. Hany Edward is requesting new site plan approval for the construction of an
11,957 square foot medical office building on a 0.72-acre parcel. The subject
property is currently located outside the city limits and is under Palm Beach County
jurisdiction. The applicant is also concurrently requesting to annex the property
into the city and to rezone to the Community Commercial (C-3) zoning district.
Therefore, approval of this site plan is contingent upon the approval of the
corresponding requests, for annexation, land use amendment, and rezoning (ANEX
04-004 and LUAR 04-008 - see Exhibit "C" - Conditions of Approval). A medical
office building is a permitted use in the C-3 zoning district. The construction of the
building, parking lot, and all other site improvements would occur within one (1)
phase.
Site Characteristic:
The subject property is a small, partially developed, rectangular-shaped lot that
contains overgrown grass and various shade and palm trees. The survey shows
that a concrete ramp currently provides access to the site from South Federal
Highway. This concrete ramp extends westward, connecting to rock and mulch
paths that are located within the parcel's' interior. There are two (2) vacant
buildings located In the northeast corner of the property. These buildings would be
demolished shortly after site plan approval. Also, support poles for a former
billboard are currently located along the southern property line. Likewise, these
poles would be removed after site plan approval to make way for new building
construction. The survey shows that a water-well is currently located along the
north property line, near the center of the property. It would be removed (because
of the new parking areas) but would be re-established elsewhere on-site for
irrigation purposes.
Staff Report- Edward Medical Office Building (NWSP 04-012)
Memorandum No PZ 04-210
Page 3
Service / Impacts:
Traffic-
Drainage-
School-
UtiliUes-
Police-
Fire-
Driveways:
Parking Facility:
ANALYS~S
A traffic impact statement for this project was submitted and sent to the Palm
Beach County Traffic Division for their review and approval. The Division sent the
following statement: "Based on our review, the Traffic Division has determined
that the proposed project does not constitute a 1% LOS D Capacity impact on
Federal Highway, and therefore meets the Traffic Performance Standards of Palm
8each County. No building permits are to be issued by the town, after the build-
out date specified above (2005)".
Conceptual drainage information was provided for the City's review. The City's
concurrency ordinance requires drainage certification at time of site plan approval.
The Engineering Division found the conceptual drainage plans to be acceptable at
this time and is recommending that the review of specific drainage solutions be
deferred until time of permit review, when more complete engineering documents
are required (see Exhibit"C" - Conditions of Approval). As proposed, the on-site
drainage system shall be accomplished via a combination of green swales and
exfiltration trenches.
School concurrency is not required for this type of project.
There is sufficient potable water pressure to provide domestic and tire-flow needs
for this Iow-rise facility. The project would connect to the existing four (4) inch
force main for sanitary sewer.
This project has been reviewed for potential service impacts and availability, and
based upon the planned office use, it has been determined that services allocated
to, or existing within the area are adequate to provide the project with a necessary
level of service.
This project has been reviewed for potential service impacts and availability, and
based upon the planned office use, it has been determined that services allocated
to, or existing within the area are adequate to provide the project with a necessary
level of service.
The existing concrete ramp, located on South Federal Highway would be upgraded
and transformed into the property's main drivewayopening. This opening would be
2~t feet in width and would provide for both vehicular ingress and egress. It would
allow for right-turn only egress.-
Medical offices require one (1) parking space per 200 square feet of gross floor
area. The proposed building would be 11,957 square feet in area and therefore,
the project would require 60 parking spaces. The site plan (sheet S-1) shows that
60 parking spaces are proposed, six (6) of which, would be designated for handicap
Staff Report- Edward Medical Office Building (NWSP 04-012)
Memorandum No PZ 04-210
Page 4
Landscaping:
Building and Site:
parking. Retail uses could be allowed in the building due to the fact retail is a
permitted use in C-3 zoning district and that the parking ratio for medical office and
retail is the same (1 space per 200 square feet). The parking spaces would be
dimensioned nine (9) feet in width by 18 feet in length. The 90-degree handicap
space would be 12 feet in width with five (5) feet of striping by 18 feet in length.
As proposed, the vehicular back-up distance would be at minimum, 2,t feet in width
to comply with the Engineering Standards. The parking lot lighting is shown on the
photometric plan (sheet E-l). According to the photometric plan, the proposed
lighting levels near the perimeters would be minimal. It should have no adverse
affect on the neighboring properties.
The site plan (sheet S-1) tabular data indicates the proposed pervious area of the
parcel would equal 4,651 square feet or 14.7% of the total site. The landscape
plan (sheet L1 of 2) indicates that 57% of the trees would be naUve and 86% of
the shrubs / groundcover would be native. At the time of permitting, the
landscape plan would have to be revised to indicate the native plant material
categorized as follows: Palm trees, shade trees, and shrubs / groundcover (see
Exhibit "C" - Conditions of Approval).
The east (front) landscape buffer would be at least seven (7) feet in width. The
Federal Highway Cross-Section (sheet L1 of 2) illustrates the varying types of shade
and palm tree species proposed within this buffer. The Entry-Way Enlargement
(sheet L2 of 2) indicates the proposed plant type and.quantities. The plant material
includes the following: Duranta Gold Mound, Purple Showers, Silver Buttonwood,
Chinese Fan Palm, Simpson Stopper, Dwarf Firebush, and Travelers Palm trees.
The side landscape buffers (north and south) would be at least two and one-half
(2-1/2) feet in width. These buffers would contain a row of Silver Buttonwood trees
and Redtip Cocoplum hedges. One (1) tree would be installed every 25 feet. The
landscape architect and the City Forester would determine the relocaUon and
mitigation of all existing trees during field inspections occurring at the time of
permitting (see Exhibit "C"- Conditions of Approval).
The rear (west) landscape buffer would be at least two and one-half (2 1/2) feet in
width. The small properties to the west lie outside the city limits but they are
zoned residential. Therefore, the applicant is proposing a buffer wall along this
west property line, which would help serve as a buffer between the subject project
and the abutting properties to the west. The buffer wall detail indicates it would be
a C.B.S. wall, six (6) feet in height and eight (8) inches in width. No color(s) are
depicted on the wall detail so therefore, staff is recommending that the color(s) of
the buffer wall should be compatible with the approved building colors (see Exhibit
"C"- Conditions of Approval). Finally, the landscape plan also shows that a row of
Simpson Stopper would be installed on the inside of the wall while Fakahatchee
grass is proposed on the outside of the wall.
The proPosed bUilding is designed as a fiat-roofed, two (2)-story structure with
under-story parking. The elevations (sheet A-2) indicate that this fiat rooftop would
be 24 feet in height and the top of the parapet wall would be 26 feet in height. The
Staff Report- Edward Medical Office Building (NWSP 04-012)
Memorandum No PZ 04-210
Page 5
Design:
Signage:
peak of the decorative towers would be 32 feet - one (1) inch in height. The
maximum height allowed for new buildings in the C-3 zoning district is 45 feet. The
building would comply with the height restrictions of the C-3 zoning district.
The minimum front setback in the C-3 zoning district is 20 feet; the building would
be setback 22 feet - 11 inches. The required side setbacks in the C-3 district are
zero (0) feet and 15 feet (on corner lots) and since the subject lot is nestled
between lots, no side setback would be required. As proposed, the building would
be setback zero (0) feet on the south side and 46 feet - 11 inches on the north.
The minimum rear setback is 20 feet; the project provides 153 feet - nine (9)
inches.
As previously mentioned, an existing water-well would be eliminated from its
current location and established elsewhere on the site. According to the applicant,
the probable location for the new well would most likely occur at the southwest
corner of the property, near the proposed lift station. The proposed dumpster
enclosure would be located at the northwest corner of the site. In keeping with
staffs' recommendations and to help soften the hardscape, a large, landscaped
island is proposed within the center of the expansive parking lot. Finally,
development would be a gated community. A white aluminum fence is proposed
near the front (east) property line. The North and South Aluminum Fence Detail
(sheet A-3) indicates that it would be a white aluminum fence, six (6) feet in
height. The C.B.$. columns of the fence would be painted to match the building.
At the time of permitting, staff would ensure compliance with Fire Code regarding
emergency and fire truck access to the site is constantly maintained (see Exhibit"C'
- Conditions of Approval).
The proposed design is compatible with the surrounding built environment and
would generally enhance the overall success of the Federal Highway corridor. The
architecture and style of the proposed building is consistent with the newer medical
office buildings and would be considered an upgrade to the buildings within the
immediate area. The main wall colors can be described as orange and yellow in
color with white accents. Although similar, the proposed colors indicated on the
black / white elevation drawings submitted herein, do not match the colors
indicated on the colored elevations. Buildings, structures, and site elements are not
required to match surrounding exisUng developments, but shall be in visual
harmony with surrounding developments. Buildings shall achieve visual unity in
character and design concepts in part, through building colors. Staff feels that the
proposed building colors represented on the colored elevations are too vibrant and
not in keeping with the intent of the Community Design Plan. Therefore, staff
recommends reducing the intensity of the proposed building colors in order to
achieve a higher degree of compaUbility and harmony with the surrounding
properties (see Exhibit"C"- Conditions of Approval). Regardless of the main wall
colors, the accent trim-work would be painted white, which is consistent with past
approvals.
No wall signs are proposed. The site plan (sheet S-1) shows that two (2) entry
features are proposed along the front (east) property line, outside of the safe-sight
Staff Report- Edward Medical Office Building (NWSP 04-012)
Memorandum No PZ 04-210
Page 6
triangle. One of these entry structures would be a water fountain; the other would
be a monument sign. The Entry Fountain & Sign detail shows that these structures
would be no more than six (6) feet in height. The monument sign would have
black Palantino style letters constructed of aluminum, mounted flush on the
structure. The site plan does not indicate the setback of both structures but only
the monument sign would be required to be at least 10 feet from the property line
(see Exhibit "C"- Conditions of Approval).
RECOMMENDA'I']:ON:
The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff
recommends approval, contingent upon the approval of the corresponding requests for annexation and
rezoning, in conjunction with successfully satisfying 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:\Planning\SHARED\WP\PRO.1ECTS\Edward Hedical Office\NWSP 04.-012\Staff Report. doc
bUb~
EDWARD MEDIC-AL OFFICE
LOCATION MAP
EXHIBIT A
LRC
CH/5
LRC
LEGEND
mmmmm City Boundary
Limd u~e8:
IRC . Lo~l Retail Commrclal
HDR - High Density Reeldentlal
8HDR - 8pe~l.I High Density ReSlclentlaI
MRS - Medium Rmuld®ntlnl (county)
CH/S
· Commercial High, w/underlying MR-8 (oounty)
CH/5
HDR
SHDR
W
$
Iii
6055
®®®
I
6Ob6
J IIII11111
-I
Ill I'll
~IHI,il, I!I,iiI,!!"'" ,, ,,,,,,,,:
I,.'!I,
It !1!1
- . CARTER &ASSOCIATES
· LAND~3APE ARCHITECT~, INc.
EXHIBIT- "C"
Conditions of Approval
Project name: Edward Medical Office Building
File number: NWSP 04-012
Reference: 2na review plans identified as a New Site Plan with an August 3, 2004 Planning and Zoning
Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None
PUBLIC WORKS - Traffic
Comments: None
ENGINEERING DIVISION
Comments:
1. Show sight triangles on the Landscape plans (Chapter 7.5, Article II, Section
5.H.). Reference FDOT Standard Index 546 for the sight triangles along
Federal Highway.
2. Full drainage plans, including drainage calculations, in accordance with the
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
3. Paving, 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 time of construction permit application.
UTILITIES
Comments:
4. At the time of permitting, please provide a timeline that clearly illustrates
when water and sewer services will be required to serve the proposed project.
Your starting date for the timeline should be the date of City Commission
approval. Also provide milestone dates for permi.'t application, the start of
construction, and the setting of the first water meter. This timeline will be
used to determine the adequacy of water and wastewater treatment capacity
for your project upon the project's completion, so please be as accurate as
possible.
6O59
5. All utility easements shall be shown on the .site .plan and landscape plans (as
well as the Water and Sewer Plans) so that we may determine which
appurtenances, trees or shrubbery may interfere with utilities. In general,
palm trees will be the only tree species allowed within utility easements.
COA
08/26/04
2
DEPARTMENTS INCLUDE tLEJECT
Canopy trees may bc planted outside of the casement so that roots and
branches will not impact those utilities within the easement in the foreseeable
future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities
the authority to remove any trees that interfere with utility services, either in
utility easements or public rights-of-way.
6. Palm Beach County Health Department permits will be required for thc water
and sewer systems serving this project (CODE, Section 26-12).
7. 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
~eater (CODE, Section 26-1
8. The CODE, Section 26-34(E) requires that a capacity reservation fcc be paid
for this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
9. Comprehensive Plan Policy 3.C.3.4. requires the conservation of
potable water. As other sources are readily available City water shall
not bc allowed for irrigation.
10. 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 the
CODE, Section 26-15.
11. Utility construction details will not be reviewed for construction
acceptability at this time. All utility construction details shall be in
accordance with the Utihties Department's "Utilities Engineering
Design Handbook and Construction Standards" manual (including any
updates); they will be reviewed at the time of construction permit
application
FIRE
Comments:
12. Hydrants must flow a minimum of 1500gpm ~ 20psi over domestic use.
These hydrants must be fully operational before construction can begin.
6060
13. All security entrance gates must have an electronic key number pad or an
approved alternative and be compliant with the minimum fire department
requirements of Section 9-1: Roadway Security Gates and Emergency
Access.
COA
08/26/04
3
DEPARTMENTS INCLUDE REJECT
14. Fire Department access shall be maintained throughout construction. This
includes any security gates. City Ordinance 9-3F.
POLICE
Comments: None
BUILDING DMSION
Comments:
15. Every exterior wall within 15 feet of a property line shall be equipped with
approved opening protectives per 2001 FBC, Section 705.1.1.2.
16. Buildings, structures and parts thereof shall be designed to withstand the
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are
signed and sealed by a design professional registered in the state of Florida
shall be submitted for review at the time of permit application.
17. Every building and structure shall be of sufficient strength to support the
loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table
1604.1. Indicate the live load (psf) on the plans for the building design.
18. Add to all plan view drawings of the site a labeled symbol that represents the
location and perimeter of the limits of construction proposed with the subject
request.
19. At time of permit review, submit signed and sealed working drawings of the
proposed construction.
20. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may
not, therefore, be used for landscape irrigation where other sources are readily
available.
21. A water-use permit from SFWMD is required for an irrigation system that
utilizes water from a well or body of water as its source. A copy of the permit
shall be submitted at the time of permit application, F.S. 373.216.
6061
COA
08/26/04
4
DEPARTMENTS INCLUDE REJECT
22. If capital facility fees (water and sewer) are paid in advance to the City of
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
b. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
23. At time of permit review, submit a signed and sealed survey as required by
CBB LDR, Chapter 2, Section 9.
24. 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.
25. The full address of the project shall be submitted with the construction
documents at the time of permit apphcation 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 apphcation submittal.
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments:
Map of Boundary Survey sheet
13 total Existing Tree species; Live Oak (5), Palm (6), Almond tree (1),
and Rubber tree (1).
26. The landscape plan does not indicate the trees that will be preserved,
relocated, or removed / mitigate on-site. Therefore, at the time of permitting,
the landscape plan (sheet L1 of 2) shall indicate those trees that would be
preserved, relocated, and removed / mitigated on the site. Also, the landscape
plan tabular data should indicate the total cahper inches of existing trees
proposed to be removed and show all caliper inches of replacement trees on
the landscape plan. A separate symbol should be used on the landscape plan
to identify the mitigation trees. Staffrecommends preserving any Live Oak or
Palm trees that are in good health. This determination will be made at the
time of permitting, ouoz
COA
08/26/04
5
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
27. Approval of this project is contingent upon the approval of the corresponding
requests for annexation (ANEX 04-004) and land usc amendment / rezoning
(LUAP, 04-008).
28. On the site plan tabular data (sheet S-l), please indicate the following:
Previous Land Use - General Commercial (High Commercial CH/5);
Approved Land Use - Local Retail Commercial (LRC); Previous Zoning -
General Commercial (CH/5); and Approved Zoning - Community
Commercial (C-3).
29. On the floor plan (sheet A-l), indicate the area(s), expressed in square feet, of
each use and its respective building area. The total of each floor should equal
11,989 square feet as indicated in the site plan tabular data.
30. The project surveyor certifies that the lot area is 31,702 square feet. The site
plan tabular data does not reflect the same. Prior to the issuance of any
permits, revise the site plan tabular data so that the statistical information on
the site plan is based on the area of the survey.
31. The removal / relocation of trees is subject to review and approval of the City
Forester / Environmentalist.
32. On the landscape plan (sheet 1 of 1), ensure that the plant quantities must
match between the tabular data and the graphic illustration.
33. Fifty percent (50%) of all site landscape materials must be native species
(Chapter 7.5, Article II, Section 5.P). Please categorize the plant material and
quantify as follows: Shade trees, Palm trees, Shrubs & Groundcover.
34. The monument sign must be located at least 10 feet from the front (east)
property line (Chapter 21, Article 111, Section 5.).
35. Staff recommends reducing the intensity of the proposed building colors in
order to achieve a higher degree of compatibility with the surrounding
properties. Therefore, staff recommends utilizing the following Sherwin
Wilhams paint: Champagne #6644 and Orange Blast #6646. Also, the
color(s) of the buffer wall (in the rear), the columns of the fence (in the front),
and the monument sign should resemble and be compatible with the approved
colors of the buildin$.
6063
COMMUNITY REDEVELOPMENT AGNECY CONDITIONS:
Comments:
COA
08/26/04
6
DEPARTMENTS INCLUDE REJECT
36. To be determined.
CITY COMMISSION CONDITIONS:
Comments:
37. To be determined.
MW elj
S:\Planning\SHARED\WP~PROJECTS\Edward Medical Office\NWSP 04-012\COA.doc
6064
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Edward Medical Office Building
APPLICANT:
APPLICANT ADDRESS:
Mr. Hany Edward
2657 Northwest 29th Avenue Boca Raton, FL 33434
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 21, 2004
TYPE OF RELIEF SOUGHT: Request new site plan approval for the construction of a 11,957 square
foot building on a 0.72 acre parcel in the C-3 zoning district.
LOCATION OF PROPERTY: West side of South Federal Highway, approximately 350 feet south of
the intersection of Old Dixie Highway and South Federal Highway.
DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other hub)
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Edward MediCal Office\NWSP 04-012\DO.doc
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.
6066
The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits ora service, program, or activity conducted by the CRA. Please contact Douglas
Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably
accommodate your request.
MEMO
To: CRA Board
From'
Douglas Hutchinson
Date:
September 14, 2004
Subject: CRA Activities
Development Items:
Town Square Taskforce - The City Manager will move on items
presented at the joint workshop to move forward on the Town
Square process. DH
Boynton Beach Blvd/Promenade/Riverwalk Design/Build RFQ
Promenade revised Design Concepts and Riverwalk
construction alternatives will be formalized. DH
Way-Finding Signage Program - The 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. I have received an update for Paul Kellner of
Guidance Pathways, Inc., which I have attached. SV
MLK Property Acquisition Phase I - TUG has begun property
notifications and briefings with both the CDCs. Appraisals have
been finished. We expect a steady amount of contracts for
purchase to be presented to the CRA over the next 60 days
however; I have asked for a re-assessment of our appraisals in the
Phase I area. This review will not un-duly delay any purchase or
activity in the project. 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 concepts, therefore no Design Guidelines can be written
until this is resolved by the City in April. DH
Museum Feasibility Study Team - Final study is here and has
been distributed the CRA Board Members and the City. DH
· Genesis Business Program - The twenty one candidates have
been evaluated and sixteen finalists have been selected to
move to the next round which is an interview with the
selection committee. Twelve finalists will be selected to
participate in the pro.qram. The Interviews are scheduled for
September 10th and 13th. The finalist will be announced on
September 16~ at the Development Fair. AG
Business Development Fair- Due to the inclement weather the
event was postponed. Staff will work to reschedule the event
for late September. AG
"State-of-the-CRA" Recoqnition Event: Due to the
weather the event was postponed. Staff will
reschedule the event for late October. AG
inclement
work to
Land Development Regulation (LDR) - LDR re-write will be by
the City of Boynton Beach Staff The RMPK Group has been
released from the City's LDR contract. DH
Grants Update
Delray-Boynton Academy has had several Problems includin.q
relocatin.q their structures, electrical issues and permit
problems. They are expectin.q a Certificate of Occupancy by
November 2004.
St. Mark Church is pro.qressin.q with their buildin.q. The parkin.q
and landscapin.q will be started soon.
· City Commission Actions - Ratification of CRA Action:
Waterside (HTEX 04-003) - 3655 North Federal H~qhway-
Request for a he~qht exception to allow a decorative cupola to
extend above the 45 foot maximum hei.qht provision in the
infill Planned Unit Development (IPUD) zonin.q district.
· Trolley Update - Plans for the trolley are on the way. Staffhas
taken steps as outlined by the purchasin.q policy to identify
and select a marketin.q firm that will spearhead the rollout of
the pro.qram. SV
bUb~
UPDATE ON THE WAY FINDING SIGNS
As I mentioned before all of the permitting documentation has been
completed and the applications have been forwarded to the appropriate
regulating authorities. There are three involved: The City of Boynton Beach,
FDOT and the County.
The city has already approved and returned the application for the one sign
that is located on a city street. I have had that back from them for a few weeks. I
have been working with Dennis Preite. He is a great guy and very helpful.
I have been calling the County and leaving messages for an update.
According to the last person I spoke with, the application was in for review and I
would have a response no later than the 17th. I have called every day and left a
couple of messages and cannot seem to get a complete response. I was told that
there were comments and that they were forwarded to me but I have not
received them. I will try to get through again today to see why we don't have a
response. On August 23, 2004 I heard from the County. The application has
been reviewed and there are a few minor medications that must be made. I plan
to make the necessary correction and return ASAP.
When FDOT reviewed the package I sent to them they made two comments.
The first was that they needed a second package because the two signs involved
are not on the same street. They did not advise me of that requirement
previously. The second comment was that I needed a representative of the City
of Boynton Beach to sign the application. I was not advised of that requirement
either. I am now working with Rosie Everett at FDOT and she is well informed
and helpful. I think we have turned a corner there. I have created two .new
complete packages (in triplicate) with applications and sent them to Dennis. I
spoke with him last week and he told me that he would get them processed for
me and get them .back into FDOT as quickly as possible. He advised me that
FDOT has been pretty backed up lately and that things are not being processed
very quickly. I will plead my case with Rosie once they are back in her hands
since we already submitted the packages a while back.
The bulk of the signs are located on county roads and I will continue to
pressure them get back to us with a response. If FDOT takes too long we can
consider installing all but the two FDOT signs first. Thanks for your patience. I will
talk to you soon.
Thanks,
Paul
Paul F. Kellner
Guidance Pathway Systems
P.O. Box 51086
6070
Work is
on St Mark Church
OLI/I
Newsletter Findings
Staff has spent several months researching the possibility of a Quarterly Newsletter.
The following options were explored:
A quarterly newsletter Sponsored by one of the local News Papers. Sponsorship
would include the design layout and distribution (printed on newspaper quality
paper)
· A quarterly newsletter designed by a subcontractor printed, batched and mailed
by a mailing house (printed 2 color on glossy premium paper)
The Palm Beach Post and the Sun - Sentinel, two desktop publishers and a mailing
house were contacted and asked to submit proposals. The results are included.
Staff has disclosed that there are a 16,000 residents and businesses in the zip code
33435 which also reflects the CRA Boundaries. The scenarios below are the results of
the bid process and depicts the annual cost to the CRA
· Palm Beach Post
· Sun-Sentinel
· Two Gee Design
· Desktop Design Services
$0 (no cost to the CRA)
(No Bid)
$33,286.O0
$36,680.00
6072
Boynton CRA Newsletter Proposal
The Palm Beach Post
Description of Project: A 12-page newsletter published quarterly by the Boynton CRA,
designed, printed and mailed by The Palm Beach Post.
1. Contact person: Garrett Foster: (561) 820-4920- gfoster@pbpost.com
2. Outline of due dates: Copy/photos due four weeks prior to mailing; proof deadline is two
xveeks prior to mailing; press date is one week prior to mailing.
3. Layout: The newsletter will be the same format and size as the Boynton Chamber newsletter.
It will be 12 pages, with color on the cover and center spread. Someone from the CRA
should be available to read the newsletter 2-3 days before it goes to press.
4. Printing: The newsletter will print on the suburban press at The Palm Beach Post, one week
prior to mailing.
5. Advertising space: Our advertising department will not sell ads in the newsletter. The Post
will use one page in the newsletter to promote our newspaper.
6. Rates: NA, because no ads will be sold.
7. Ownership: The Palm Beach Post is owned by Cox Enterprises Inc., a multi-media company
headquartered in Atlanta, Georgia
8. Distribution: Newsletter will be mailed to all residents and businesses in zip code 33435. The
Post will absorb the cost of this mailing.
Production Details: The Post will design a masthead and graphic format for the newsletter that is
complementary to the Boynton CRA's other printed publications. We will provide final art for
the design, once approved by CRA. The CRA will provide stories and photos for each
newsletter to the Marketing Department of The Palm Beach Post. The Post will then edit the
stories for length and grammatical style and design the individual pages. A representative from
the CRA will then come to The Post to review the page proofs. The Post will make any final
changes, print and mail the newsletters to all residents and businesses in zip code 33435.
Terms of the Agreement: The Post agrees to provide the materials and services needed to print
and mail newsletters for one year ( i.e. 4 newsletters) at no cost to the Boynton CRA. At the end
of nine months, we can both assess the success of the project, and whether to continue.
Sun - Sentinel
This organization has refused to take pa.rt in the bid process.
6073
Two Gee Design Proposal
I have spoken with Gall Ganzlin at Two Gee Design the same design company used by
Wayne Seagal for the City's newsletter; she has quoted 1200.00 for initial set up and
800.00 subsequently each month for 8 to 12 pages 8.5X11 2color.
Design & Mailing
Ist Quarter
Monthly Processing
Folding 16,000 6.05 each
Tab 16,000 @ .08
Address imprinting 16,000 @ .07
Postage 16,0006.26 (Bulk Rate)
Total
1,200.00
60.00
800.00
1,280.00
1,120.00
4,160.00
8,620.00
Design & Mailing 2nd, 3rd & 4th
Monthly Processing
Folding 16,000 6.05 each
Tab 16,000 @ .08
Address imprinting 16,000 @ .07
Postage 16,000@.26 (Bulk Rate)
Total
800.00
.60.00
800.00
1,280.00
1,120.00
4,160.00
8,220.00
Design & Mailing one year
33,286.00
Desktop Design Services Proposal
I have spoken with Lori Livergood of Desktop Design services. She currently designs
the city of Highland beach's news letter. She has quoted approximately $1500 to $1750
per quarter.
Design and Formatting
First Quarter
Second Quarter
Third Quarter
Forth Quarter
1,750.00
1,75O.00
1,750.00
1,750.00
Printing/Mailing
Monthly Processing
Folding 16,000 @.05 each
Tab 16,000 @ .08
Address imprinting 16,000 @ .07
Postage 16,000@.26 (Bulk Rate)
60.00
800.00
1,280.00
1,120.00
4,160.00
Design & Mailing per quarter
9,170.00
Design & Mailing per Year
36,680.00
Great American Printer & Mail House
Located 609 North Railroad Ave Boynton Beach, FI 33435 736-3838
Quantity 16,000
Folds
Tab
Monthly Process
Imprint addresses
Any flyers inserted is
.05 each
.08 each
60.00 per month
.07 each
.05 each
In order to make the mailing process cheaper and less cumbersome a bulk mail receipt
can be applied for at the Post Office 3200 Summit Blvd West Palm Beach 33406
561-697-1952. The Cost is $150.00 annually.
6076
Recommendations
12 page 2 color quarterly newsletter to be designed and formatted by the Palm Beach
Post. The Post will mail the newsletter at no cost to the CRA to all residents and
businesses within the CRA boundaries. The Post and Jack of Arts (CRA Web Master)
will work together to create a look that is consistent with the website and other branding
material. All contributors will invited to an information session during which content and
deadlines will be discussed. Finally Staff recommends one news letter for the last
quarter of 2004 with a projected mail date of the last week in December. This issue will
recap the entire year.
Quarterly Articles · CRA Executive Director
· Chamber President
· City PlO Manager/Museum Director
· Commissioner's Corner/On rotation
· Annette Gray Program/Events
· Susan Vielhauer Grants
· CRA Board Membedon rotation
Community organizations · BODA
· INCA
· Heart of Boynton
· Neighborhood Association
· CDC's
Additional Sections
Calendar of Events
Business of the Quarter
Developer of the Quarter
FaCade Grant award Recipient
6077
6079
6087
~ ~ ~ o o o o o o o o o 0 o
~ ~'- ~ ~ ~' ~' ~ o o o o o o o
.0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0
0 0 0 0 0 0 0 O' 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0
6091
o o o o o o. o
t- C C; C C C t- C; t- C t- C t- C
0 0 0 0 0 0 0 O' 0 0 0 -0 0 0 0
0 0 0 0 0 0 0 0 -0 0 0 0 0 0 0
60~2
Q. Q. O. 0
0 0 0 0 0
0 0 0 0 0
0 0 0 0 0
0 0 O' 0 0 0 -0 0 0 0
0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 O' 0
0 0 0 0 0 0 0 0 '0
,~0 0 _0 0 0'~
-.o o o o ~i
, I
6095
6O96
: Zz
6097
6099
6101
6102
6103
6104
CD
0 0
0
0 0 0 0 :0 0 0
0 0 0 0 0 0 0
6105
6106
6107
§ :8
6108
0 :0 O: 0 0 0 ::0
mO 0 0 :0 0 0 :0 0
6109
6110
E
E
o o ~ oo
VIII. Old Business
Any person who decides to appeal any decision of the Community RedeveloPment Board with respect to any matter considered at
this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
The CRA shall furnish appropriate auxiliary'aids and serViCes where necessary to afford an individual with a disability an equal
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.
IX. New Business
Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at
this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
The CRA shall furnish appropriate auxiliary aids and Services Where necessary to afford an individual with a disability an equal
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.
MEMO
To: CRA Board
From:
Douglas Hutchinson
Subject: Direct Incentive Request from the Promenade at Boynton Beach
Date:
September 14, 2004
Project Applicants Analysis
This is the Staff review and analysis of the Direct Incentive Program request from
Boynton Waterways Investment Associates, LLC. for their Promenade at Boynton
Beach project, located at Federal Highway and Boynton Beach Boulevard. This project
has submitted for site plan approval to both the CRA and the City. The project has
approval from each.
Note that the CRA Direct Incentive Program is for eligible projects that score from 50 to
100 points under the program criteria. The maximum incentive is capped at 50% of the
new tax increment the project creates. Therefore, the CRA retains a minimum of 50%
of the project's tax revenue stream for our budget use. The incentive period runs up to
10 years. Also be aware that no incentives are granted until the project is completed is
on the tax rolls and pays taxes. The applicant receives incentive funds after the CRA
receives the full increment from the City and County through the County Tax Collector's
Office.
Application: The application submitted by Boynton Waterways Investment Associates,
LLC has been reviewed and found to be complete by Staff. The applicant had the
option of providing a Feasibility Study or MAI Appraisal Summary. They have submitted
the appraisal information. This information appraisal relates to the required Economic
Impact Study and determines the applicant's investment impact on the community.
The Applicant is the first to address the Affordable Access element and the calculations
conform to the intent of the Incentive Program. I will give further analysis in the scoring
review portion for this analysis.
The applicant has highlighted and defined substantial public amenity features. Those
have been indicated in the plan documents in their application.
Scoring: The applicant is scored on six (6) issues. The points have been structured to
create superior project elements. Many of the scoring criteria are evaluated through
straight mathematical formulas; others, by design are subjective to allow the Board to
impact the ultimate incentive outcome. It may be possible for a project to score over
100 points; however, the incentive participation runs from 50 to 100 points. This point
score becomes a simple percentage (50% to 100%) to establish the applicant's portion
of the potential incentive level. Note that anything under 50 points (50%) is not eligible
for incentive through this program. Staff has Scored the non-subjective elements, they
are as follows:
6116
Project Size: The project size according to the MAI Appraisal is $136,000.000.
Projects of $50,000,000 plus receive twenty (20) points.
Type of Project: The applicant actually has two key uses for the CBD. There are
"Mixed Use with Residential" and "Hotel/Conference Centers". The project scores
twenty (20) points
Project Location: The project location is in the CBD and on two major highways;
Federal Highway and the Boynton Beach Boulevard and scores ten (10) points.
Economic Impact: The economic impact measures the project's impacts on the entire
city, not just the CRA's TIF. This is critical to evaluate if an incentive is warranted. The
project generates $21,351,798 in total annual impact. The projected annual TIF to the
CRA is $1,184,876. Assuming the project receives one hundred percent (100%) of the
potential program incentives, the annual incentive is 100% (incentive scoring
percentage) X 50% (incentive program percentage) X $1,184,876 = $592,438 potential
annual incentive. Therefore, the impact multiplier is figured as $21,351,798/$592,438 =
36 times the CRA incentive. This scores five (5) points.
Affordable Access: This is a new provision for the applicants to address. The project
must score a minimum of two (2) points. The discounts for Affordable Access are for a
minimum term of 10 years (for rental property). Property purchasers are limited to price
increase of 3% annually plus unit improvements by the owner over the period of the
incentive. The project has two (2) uses to qualify for affordable access. The applicant
is placing one thousand nine hundred twenty (1,920) square feet of the project's total
nineteen thousand two hundred (19,200) square feet of commercial retail space into the
program or ten percent (10%) further the project will rent this space at a price fifty
percent (50%) of the average rental rate of non-program space. The combination of the
amount of space and rental rate scores ten (10) points on the Affordable Access scoring
graph.
The applicant is proposing sixteen (16) residential condominium units or five percent
(5%) of the total three hundred seventeen (318) units as having a sale price of $268,000
or less. The price threshold is the maximum retail value a moderate wage earner (two
person household) at one hundred and twenty (120%) of Palm Beach County's median
income can qualify for a mortgage. The mortgage is defined as maximum of thirty-two
percent (32%) of income set aside for housing with a ninety-five percent (95%) loan at a
six percent (6%) interest rate with a thirty (30) year term. The average unit sale prices
at $214,500 is forty four percent (44%) below the average sale price $384,570 of the
remaining units. This five percent (5%) of units at forty four percent (44%) below market
scores the project three (3) points.
The total Affordable Access scoring for both Retail/Commercial (ten (10) points) and
Condo sales three (3) points is thirteen (13) total Affordable Access points.
The TCEA requires an average five percent (5%)-of the CRA area's units to be
workforce housing. This TCEA five percent (5%) affordable access figure is an average
target percentage for all the CRA area. Note that while this project does not score extra
6117
points on the incentive graph, they meet the five percent (5%) target for Affordable
Access. Given this project's location and caliber, the five percent (5%) in Affordable
Access units has great merit.
Project Quality: The final scoring element is project quality These 40 points reflect the
projects architecture, landscape, public spaces and amenities, innovation, quality and
overall contribution to the community. This scoring is designed to be subjective and
solely at the CRA Board's discretion, therefore, Staff has no scoring.
The project features are:
· Over parked by 78 parking spaces,
· Several sizable public areas,
· Public improvements of site at the pond park entry,
· Building massing and set backs from Federal Highway are very responsive to
planning and Boynton's size and scale,
· Architecture
o Design/Styling/Details
o Color
· Public art commitment,
· Has the sought after first downtown hotel.
Direct Incentive Application Analysis Summary: The application is complete and
reviewed by staff. The project scoring in non-subjunctive elements is as follows:
· Project Size
· Type of Project
· Project Location
· Economic Impact
· Affordable Access
· Project Quality
· Subtotal (before quality score)
20 points
20 points
10 points
5 points
13 points
TDB (0-40 points)
68 points
The CRA Board scores the Project Quality Elements and this will be added to the other
scores. The Board can adjust any score and shall disapprove or approve and/or adjust
the level of the applicants request for incentives.
The Board is requested to set the project's final scoring; set the incentive, if any, the
project will receive; and instruct Staff to prepare the Incentive Agreement documents for
Board approval.
6118
MEMO
TO: CRA
FROM:
Douglas Hutchinson
SUBJECT: Consideration of the CRA 2004/2005 Budget
DATE:
August 28, 2004
The CRA Board reviewed the proposed CRA 2004/2005 Budget at the Workshop held
on August 26, 2004 and gave direction to move forward with the necessary financing
instruments. Staff has moved forward to obtain a City-Backed Pledge for a 20-year
bond issue, however; the process to obtain the pledge and bonds will extend past the
September 30, 2004 deadline for the adoption of our budget. This funding is beyond the
CRA's revenue stream and is conditional to City approval. Note: that any debt is subject
to City approvals. Therefore this debt funding can not be included in our budget.
According to Florida Statues 198.48, the CRA must adopt a balance budget. Staff has
adjusted the CRA 2004/2005 Budget to the "Cash Only" Budget with the following
adjustments:
· Bookkeeper position has been removed,
· Legal Services has been reduced from $175,000 to $75,000,
· Lobbying has been removed,
· Contracted Services includes only existing contracts for the 2004-2005 year,
· Promotional/Business Meeting reduced to $0,
· CRA Meetings/Events reduced to $0,
· Association Meeting & Seminars reduced to $0,
· Office Equipment/Furniture reduced to $0,
· Career Development reduced to $0,
· Printing-Annual Reports reduced to$0,
6119
· Website-Update Expansion reduced to $0,
· Holiday & Street D(~cor reduced to $0,
· CRA Grant Programs reduced from $550,000 to $200,000, which includes all
existing grants pending,
· Promenade reduced to existing signed contract,
· Riverwalk reduced to existing signed contract,
· Heart of Boynton reduced to $684,457, which includes all existing contracts and
money to purchase some additional properties,
· Boynton Beach Blvd Land Purchase (Hall Property) reduced to $0,
· Way-Finding Signs reduced to $0,
· Town Square Project Development reduced to $0,
· Savage Creatures Complex reduced to $45,000,
· Miscellaneous Projects reduced to $0.
Staff is recommending the approval of this attached 2004-2005 Budget by resolution,
which is in accordance with Florida Statues Section 189.418. The CRA target budget
will remain the CRA Board's preferred scope under the 20-Year Bond Program. If and
when the City grants the CRA permission to secure debt, the CRA budget would be
amended.
6120
Community Redevelopment Agency
2004~2005
Budget
with
2004 to 2009
Budget Forecasts
City of Boynton Beach CRA
639 E. Ocean Ave., Suite 107
Boynton Beach, FL 33435
561-737-3256
6121
City of Boynton Beach
Community Redevelopment Agency
Budget Workshop Projections
05/10/2004
Please find attached the Staff's proposed CRA Budget for October 1, 2004 to
September 30, 2005. Staff has proposed a five-year budget forecast with income
and expense items as well as programs and projects.
The following notes highlight all major items within the budget in an attempt to
provide insight as to their origination and future destination. All budgeted items
may be considered individually or as a group for discussion.
Staff is projecting a "Current Year Adjusted Rollover Budget" for the balance of
the 2003/2004 budget year of $3,099,507. This Adjusted Budget reflects actual
expenditures and transfer of unpaid 2003/2004 line item amounts to the
2004/2005 Budget. This Adjusted Budget reflects only approved CRA Board
items for roll over. The CRA received an additional $156,447 in TIF revenue for
the 2003/2004 budget year. The trolley pilot program was pushed back to the
2004/2005 budget year. Additionally, Staff had budgeted funds for the Marina
Parking Garage, which have been pushed back to the 2004/2005 budget year.
The CBD Parking Site project will be eliminated and not be moved forward.
REVENUES
TIF Revenue:
The CRA Revenue for this budget is based upon the tax appraiser's
office projected 2003 tax roll values (final values are set in August
of each year and We have had changes as late as November of the
year). The CRA TIF income is derived by two factors; first is the
"New Construction" within the district. This is generated by new
projects receiving Certificate of Occupancy in 2003: The CRA
captures the difference between the 2002 evaluation and the new
2003 appraised value. These increments are generally depicted as
"New Projects."
The second area of TIF revenue is generated from Real Estate
appreciation in the CRA District, which is forecast by the County
Tax Office. These increments are increases over the base values
established at the creation and amendment of the CRA and the
current tax roll value.
Future TIF Projections for 2005 to'2009 are based on new projects
forecasted to. come to on the tax rolls and an estimated
appreciation_ factor, by the CRA. Staff is forecasting a more
moderate appreciation rate from the County's rate for the five-year
6122
2
forecasts due to concerns about sustaining the current appreciation
increase in the future market place. Staff is recommending a 15%
appreciation rate, which we believe is an accurate number. The
County has a 19.71% increase.
Staff questions the new construction and appreciation of real
property valuation numbers for 2004/2005, which are forecasted by
the tax office. The CRA questioned the first set of new construction
values, which were $65,000,000. Subsequently, this number has
been corrected by the tax office to $6,000,000.
Each taxing entity that contributed to the Boynton Beach CRA is
listed separately. Note that the CRA receives 95% of the increment
taxes from each (See detailed Spread Sheet on page 4 of Excel).
Total County Tax Office Projected TIF Income:
$3,875,415
Total CRA Projected TIF Revenue:
$3,467,422
Recapture of TIF Loan Principle:
The Arches will repay the principle on the proposed Incentive Loan
as it comes due.
Total Recapture of TIF Loan Principle 2004/2005:
$ 0
TIF Loan Interest:
Interest paid by the Arches on the proposed TIF Loan figured at
2%.
Total TIF Loan Interest 2004/2005:
$ 0
Interest Income on Reserves:
Interest the CRA receives from investing reserve funds.
Total Interest Income on Reserves:
$ 195,215
Other Income
Trolley:
Staff has applied for a grant for $120,000 per year for three years
from the Metropolitan Planning Council for the pilot trolley program.
Staff is also budgeting $181,835 in advertising and sponsorships
for the trolleys. _Aisc note that Developer support may be enacted to
fulfill the TCEA study's mass transit element.
6123
3
Grant -Trolley
Advertising/Sponsorship -Trolley
"Congress Avenue Trolley" Revenue Sources
2004-2005 2005-2006
$ 120,000
$ 181,835
2006-2007 2007-2008 2008-2009 Total
Revenue
MOP Grant $ 80,000 $ 80,000 $ 80,000 $ 0 $ 0 $ 240,000
Advertising $ 121,835 $ 121,835 $ 121,835 $ 141,832 $ 141,832 $ 649,169
Fares $ 0 $ 0 $ 0 $ 0 $ 0 $ 0
Additional Grants $ 0 $ 0 $ 0 $ 60,000 $ 60,000 $ 120,000
Total Revenue $ 201,835 $ 201,835 $ 201,835 $ 201,832 $ 201,832 $ 1,009,169
"Ocean Avenue Trolley"
Revenue Sources
2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 Total
Revenue
MOP Grant $ 40,000 $ 40,000
Advertising & Sponsors $ 60,000 $ 58,000
Fares $ 0 $
Additional Grants $ 0 $ 0
Total Revenue $ 100;000 $ 98:000
System Total $ 301,835 $ 299,835
$ 40,000 $ 0 $ 0 $ 120,000
$ 50,000 $ 50,000 $ 50,000 $ 268,000
$ o $ o $ 0 $ 0
$ 14,469 $ 54,571 $ 60,000 $ 129,040
104;469 $ 104771 $ 110;000 $ 517:040
306,304 $ 306,403 $ 311,832 $ 1,526,209
Total Trolley 2004/2005:
$ 301,835
Legal Repayment:
Legal Repayment Agreement
$ 2,769
Total Legal Repayment:
$ 2,769
Total Other Income:
$ 304,604
TOTAL REVENUES FOR 2004/2005:
$ 6,717,556
6124
4
OPERATING EXPENSES
Personnel Costs:
This budget category includes five positions, Executive Director,
Administrative Assistant, Controller, and Secretary. The Bookkeeper has
been removed from this Budget. The Assistant Director is scheduled to be
hired in September 2007. The attached spreadsheet includes salary,
taxes, worker's compensation, health insurance, life insurance and
retirement for all positions for the years 2004-2009.
Current positions have a forecasted 3% inflation adjustment, with the
exception of the Controller who will have a one-time increase of $5,000
annually for these additional responsibilities.
Due to the fact that Health Insurance rates are different for each individual
employee based on age and sex, Staff has calculated the rate per person
at the highest rate not by the individual in the position at this time. Staff
has calculated a 10% increase per year for 2005-2009.
Workers' Compensation rates are locked at the policy start date for a
period of four years. Staff does not anticipate an increase in rates for
2007-2009 at this time.
Life Insurance is term life insurance, which is locked in for 10 years at the
time the policy is written.
Short Term and Long Term Disability rates have been calculated with a
10% increase for future years.
Retirement rates are calculated at 5% of gross payroll; however,
Retirement has a one year employment requirement for eligibility.
Total Personnel Costs: $ 280,086
(The current budget reflects a 3% average annual increase in wages.)
6125
5
PERSONNEL
2O04-2005
Director
.troller
Adm. Assistant
Bookkeeper
Secretary
Annual
Salary
$ 96,305.00
$ 55,925.00
$ 44,290.00
$ 0
$ 27,045.60
Employers Workers
FICA Comp
7.50% $ 38.00
$ 7,222.88 $ 456.00
$ 4,194.38 $ 456.00
$ 3,321.75 $ 456.00
$0 $ 0
$ 2028.42 $ 456.00
Health Life
Insurance Insurance
$ 5,963.00 $ 606.96
$ 5,963.00 $ 170.16
$ 5,963.00 $ 83.40
$o $ o
$ 5,963.00 $ 0
S/T SEP
I./T IRA
Disability 5%
$ 881.00 $ 4,815.25
$ 430.00 $ 2,796.25
$ 445.00 $ 2,214.50
$ 0 $ 0
$ 282.00 $ 1,352.28
04-05
$116,250.09
$ 69,934.79
$ 56,773.65
$ 0
$ 37,127.30
Total
PERSONNEL
2005-2006
Director
Controller
Adm. Assistant
Bookkeeper
Secretary
$ 223,566.60 $16,767.43 $1,824.00 $ 23,852.00 $ 880.52 $ 2,036`00 $11,178.28 $ 280,085.83
Employers
Annual FICA Workers Health Life
Salary 7.50% Comp Insurance Insurance
99,194.15 $ 7,439.56 $ 456.00 $ 6,559.30 $ 606.96
57,602.75 $ 4,320.21 $ 456.00 $ 6,559.30 $ 170.16
45,618.70 $ 3,421.40 $ 456.00 $ 6,559.30 $ 83.40
36,050.00 $ 2,703.75 $ 456.00 $ 6,559.30 $ 170.16
27,856.97 $ 2,089.27 $ 456.00 $ 6,559.30 $ 0
S/T
L/T
Disability
$ 969.10
$ 473.00
$ 489.50
$ 473.00
$ 310.20
SEP
IRA
5%
$ 4,959.71
$ 2,880.14
$ 2,280.94
$ 1,802.50
$ 1,392.85
05-06
$120,184.78
$ 72,461.55
$ 58,909.24
$ 48,214.71
$ 38,664.59
Total
PERSONNEL
2006-2007
:tor
Controller
Adm. Assistant
Bookkeeper
Secretary
$ 266,659.28 $19,974.19 $ 2,280.00 $ 32,796.50 $1,030.68 $ 2,714.80 $13,316.13 $ 338,434.87
Employers
Annual FICA Workers Health Life
Salary 7.50% Comp Insurance Insurance
$102,169.97 $ 7,662.75 $ 456.00 $ 7,215.23 $ 606.96
$ 59,330.83 $ 4,449.81 $ 456.00 $ 7,215.23 $ 170.16
$ 46,987.26 $ 3,524.04 $ 456.00 $ 7,215.23 $ 83.40
$ 37,131.50 $ 2,784.86 $ 456.00 $ 7,215.23 $ 170.16
$ 28,692.68 $ 2,151.95 $ 456.00 $ 7,215.23 $ 0
srr
Disability
$1,066.01
$ 520.30
$ 538.45
$ 520.30
$ 341.22
SEP
IRA
5%
$ 5,108.50
$ 2,966.54
$ 2,394.98
$ 1,856.56
$ 1,434.63
06-07
$124,285.42
$ 75,108.88
$ 61,153.75
$ 50,134.63
$ 40,291.71
Total
PERSONNEL
2007-2008
Director
Asst. Director
Controller
Adm. Assistant
Bookkeeper
Secretary
Total
PERSONNEL
2008-2009
$ 274,312.25
Annual
Salary
105,235.07
68,000.00
61,110.76
48,396.88
38,245.45
29,553.46
350,541.61
Annual
Salary
I or $108,392.13
Asst. Director $ 70,040.00
Controller $ 62,944.08
Adm. Assistant $ 49,848.79
Bookkeeper $ 39,392.81
Secretary $ 30,440.06
$ 20,573.42 $ 2,280.00
$ 36,076.15
$1,030.68
Employers
FICA Workers Health Life
7.50% Comp Insurance Insurance
$ 7,892.63 $ 456.00 $ 7,936.75 $ 606.96
$ 5,100.00 $ 456`00 $ 7,936.75 $ 238.85
$ 4,583.31 $ 456.00 $ 7,936.75 $ 170.16
$ 3,629.77 $ 456.00 $ 7,936.75 $ 91.47
$ 2,868.41 $ 456.00 $ 7,936.75 $ 170.16
$ 2,216.51 $ 456.00 $ 7,936.75 $ 0
$ 26,290.62 $ 2,736.00 $ 47,620.52 $1,277.87
Employers 61:26
FICA Workers Health Life
7.50% Comp Insurance Insurance
$ 8,129.41 $ 456.00 $ 8,730.43 $ 606.96
$ 5,253.00 $ 456.00 $ 8,730.43 $ 238.85
$ 4,720.81 $ 456.00 $ 8,730.43 $ 170.16
$ 3,738.86 $ 456.00 $ 8,730.43 $ 91.47
$ 2,954.46 $ 456,00 $ 8,730.43 $ 170.16
$ 2,283.00 $ 456.00 $ 8,730.43 $ 0
$ 2,986.28
$13,715.61
s/'r SEP
L/I' IRA
Disability 5%
$1,172.61 $ 5,261.75
$ 572.33 $ 0
$ 572.33 $ 3,055.54
$ 592.30 $ 2,419.84
$ 572.33 $ 1,912.27
$ 375.34 $ 1,477.67
$ 3,857.24 $14,127.08
s/'r SEP
Lrr IRA
Disability 5%
$1,289.87 $ 5,419.61
$ 629.56 $ 3,502.00
$ 629.56 $ 3,147.20
'$ .651.52 $ 2,492.44
$ 629.56 $ 1,969.64
$ 350,974.39
07-08
$128,561.78
$ 82,303.93
$ 77,884.91
$ 63,523.28
$ 52,161.37
$ 41,015.73
$ 446,450.94
08-09
$133,024.40
$ 88,849.84
$ 80,798.24
$ 66,009.58
$ 54,303.06
Professional Services:
Legal:
The CRA is budgeting $75,000 for 2004-2005 Legal Services
based upon the average of $6,250 per month. Legal Service
spending was an average of $5,609' per month for 6 months in
2003-2004.
Total Legal Services: $ 75,000
Lobbyist:
Staff is recommending a joint venture partnership with the City of
Boynton Beach for State and Federal lobbying, which is becoming
increasing important to the CRA and our activities. Additionally, if
we join with the City of Boynton Beach, the CRA gets greater input.
Total Lobbyist Services: $ 0
City Staff:
The CRA has retained the services of the City Clerks Office for
recording the minutes. The budget of $7,500 was based upon the
average of $625 per month. The City Staff average for 2003-2004
was $525 per month for 6 months.
Total City Staff: $ 7,500
Contracted Services:
The CRA will retain contracted service for projects specified in the
2003-2004 budget and projected projects for the 5-year budget.
Staff is recommending a project reserve for additional projects the
CRA wishes to take on but is unknown at this time.
The following new projects are projected for the 2004/2005
year:
Total New Projects 2004/2005
$ 0
6127
7
Contracted Services
CRA Projects Current and Proposed
Contract Current Billed to Expected Rolled onto Rolled onto Rolled onto
Contract Date to Bill 03- 04-05 05-06 06-07
04
Design Guidelines $ 75,000 $ 37,500 $ 10,000 $ 27,500 $ 0 $ 0
BBB Phase l $ 36,000 $ 32,400 $ 3,600 $ 0 $ 0 $ 0
BBB Phasell $ 25,000 $ 7,000 $ 18,000 $ 0 $ 0 $ 0
Master Plan $150,000 $ 9,000 $ 16,000 $125,000 $ 0 $ 0
Expenses for RMPK $ 8,686 $ 5,000 $ 5,000 $ 0 $ 0
Angel Pension Group $ 750 $ 563 $ 187 $ 0 $ 0 $ 0
TCEA $104,000 $ 63,200 $ 40,800 $ 0 $ 0 $ 0
Jonathan Ricketts $ 294,840 $ 17,507 $ 60,775 $ 52,255 $ 83,394 $ 80,909
RBC Dain $ 20,000 $ 0 $ 10,000 $ 10,000 $ 0 $ 0
Total $ 665,590 $175,855 $164,362 $ 219,755 $ 83,394 $ 80,909
Total Contracted Services
$ 220,000
Audit:
The CRA will enter into a contract with an outside CPA firm in 2003
and will carry forward for a period of three years with an extension
of two years available. The base fee is projected at $5,900 for
2003, 2004 and 2005 with an extension for 2006 and 2007. Staff is
also proposing to leave $2,600 in the event that extra services are
needed for year one and two as needed.
Total Audit Services:
$ 8,500
IT Support:
The City's IT Department will provide for support, service and
maintenance for our computer hardware, software and internet as
per the approved 2003 contract. The budget for 2004-2005
contains:
City of Boynton Beach IT support
Carillon Accounting Software
Miscellaneous Needs
$ 13,000
$ 1,5oo
$ 1,500
Total IT Support: $
Staff has calculated a 5% increase per year for future budgets.
16..000
6128
8
Total Professional Services
Office:
Rent:
Year 1 Rent $1,600.00 x 12 =
Total Rent
Future Projections - 2005 to 2009
$ 327,000
The CRA is proposing to continue to lease in the existing space for
the 2004-2005 budget year.
$ 19,200
$ 19,200
The CRA is proposing leasing or purchasing offices in the 2005-
2006 fiscal year with 3,000 / $24 a sq. ft. of office space year rent.
Year 1 Rent $6,000.00 x 12 =
Year 1 CAM $ 250.00 x 12:
No increase years 3 through 5
72,000
31000
75,o0o
Maintenance and Cleaning:
The category of Maintenance and Cleaning will include cleaning of
the CRA offices, repair and maintenance of the equipment and
offices. The maintenance and cleaning was calculated at:
Cleaning of offices
$165 per month x 12
Repair on Equipment
Printer $400 per quarter
Equipment per year
Repair on Office Space
$ 1,980
$ 1,60O
$ 25o
$, 270
Total Maintenance & Cleaning: $ 4,100
Office Leasehold Improvements:
In the anticipation of the proposed move of the CRA offices in
2005 -2006, Staff is anticipating a minimal cost, which may be
needed for the existing offices to meet the needs of the CRA.
Total Office Leasehold Improvements:
$ 750
6129
9
Total Office Moving Expenses 2004/2005:
Total Office Moving Expenses 2005/2006:
Phone:
Cell phones $111.00 x 12=
T-1 line $241.50 x 12=
Phones $355.84 x 12 =
Total Phone:
5% increase years 2 through 5
Electric:
Year 1 Electric $180.00 x 12
Total Electric:
Total Office:
Equipment Leases:
Office Moving Expenses:
Staff is proposing to move the office in 2005-2006. Staff is
calculating $2,000 for moving services for the CRA office and
$7,500 to move the IT equipment.
$ 0
$ 9,500
$ 1,332
$ 2,898
$ 4,270
$ 8,500
$ 2,160
$ 2..160
$ 34,710
The CRA is now leasing the copier and the postage machine. The contract
on the copier is a three-year contract and the postage machine is a year-
to-year contract.
Copier $343 per month - three year lease ends 10/05 $ 4,117
Postage $31.95 per month - one year lease $ 383
Total Equipment Leases:
$ 4,5OO
Insurance:
The CRA's General Liability Insurance coverage provides coverage of all
employees. The property insurance covers the contents within the CRA
office. The CRA also carries a Surety Bond and Professional Insurance for
the CRA and employees.
Property/General Liability
Surety Bond
Professional
2,051
400
4,049
Total Insurance:
6130
$ 6,500
10
Insurance is calculated at 10% increase years two-five.
Travel/Entertainment Expenses:
Promotional/Business Meetings:
The CRA attends business meetings with Developers, Community
Groups and Professional Organizations to promote the work of the
CRA and the betterment of the City of Boynton Beach.
Total Promotional/Business Meetings: $ 0
CRA Meeting/Events:
Staff is projecting several CRA Board Workshops and Events
throughout the 2004-2005 year that we will produce or host. These
events include the CRA/City Commission meetings, large project
workshops for multiple developers and CRA Board purchase of a
table for an event.
Total CRA Meetings/Events: $ 0
Association Meetings & Seminars:
Total Association Meetings & Seminars: $ 0
Mileage & Delivery Services:
Mileage & delivery services include Federal Express, UPS and the
US Post Office for package to and from the CRA. The average for
the first six months was $90 per month. The CRA will be obtaining
information on several delivery services for package of the CRA in
order to obtain the best price.
Total Mileage & Delivery Services: $ 1,080
Car Allowance Director:
The Director is allotted a car allowance of $3,708 per year. We are
factoring in a 3% increase for inflation.
Total Car Allowance Director:
Total Travel/Entertainment Expenses:
$ 3..708
$ 4,788
6131
Office Equipment & Supplies
Office Expenses:
The CRA Board supplies, office drinks, paper products and
cleaning supplies are accounted for under Office Expense. The
average office expense is $120 per month for 2003-2004.
$ 1,500
Total Office Expenses:
Office Supplies:
The CRA office supplies are pens, paper, disk, ink and general
office products. The average office supplies are $825 per month for
2003-2004.
Total Office Supplies: $ 9,500
Office Equipment/Furniture:
Total Office Equipment/Furniture: $ 0
Total Office Equipment/Supplies $ 11,000
License, Books, Publication:
Licenses, Fees, Permits:
The CRA will incur expenses for licenses, fees or permits which are
not project related.
Total Licenses, Fees, Permits: $ 1,250
Memberships & Publications:
The CRA also uses several publications in general every day
operations, for grant sources, business incubator ideas and trends
for redevelopment within CRA Areas.
Membership/Subscriptions:
Chamber of Commerce
FRA
ULI
Chronicle of Philanthropy
Patm Beach. Post
Sun Sentinel
6132
12
$ 225
$ 595
$ 475
$ 70
$ 133
$ 168
PB Convention & Visitors Bureau
FGFOA
GFOA
The Florida Business Journal
Downtown Idea Exchange
Downtown Promotion Reporter
HR Specialist
International Downtown Association
Total Membership/Subscriptions:
Books & Publications:
Reference Books, Information Sources, etc.
75O
35
170
96
185
185
97
8oo
$ 3,984
$ 1,000
Total Books & Publications: $ 1;000
Total Licenses, Books, Publication:
Advertising - Public & Legal Notices:
$ 6,234
During the year, the CRA will need to advertise and place public and legal
notices, which are not project related, for the general needs such as
workshops, ordinances, etc. $1,500 has been proposed for 2004-2005.
Total Advertising $ 1,500
Career Development:
Total Career Development: $ 0
Office Printing:
Office Printing Expense:
CRA Office Printing includes envelopes, letterhead, business cards,
printing for reproductions of maps, prints, large scale scanning,
pictures of larger sizes or JPEGS format for the project books and
CRA projects for a total of $2,500.
$ 2,500
Total Office Printing Expense:
Newsletter - Quarterly:
Staff is proposing a quarterly newsletter, which will be produced by
third party with .printing and distribution in-house.
Printing In-kind Sponsorship
Layout In-kind Sponsorship
6133
13
Mailing
Labeling
Miscellaneous - $625 per quarter
Total Newsletter:
Printing- Annual Reports, Brochures:
Total Printing:
Total Office Printing:
Debt Service:
Loan Payment:
In-kind Sponsorship
In-kind Sponsorship
$ 2,500
$ 2,500
$ 0
$ 5,000
The CRA has a loan with Bank of America. The starting balance as of
October 1,2004 is $2,616,351.08 at a 6.56% interest rote.
Total Loan Payment:
Total Debt Service:
$ 317,298
$ 317..298
TOTAL OPERATING EXPENSES:
$ 999,617
6134
14
PROGRAMS
Website Maintenance and Expansion:
The CRA started the website in 2002-2003 with the basic designs and
some features. The website was completely developed in 2003-2004. The
CRA is proposing to expand our website to include graphics on projects
and links to project sites, links to the City of Boynton Beach and other
advanced features in 2004-2005. Staff has budgeted a cost of $5,000 to
maintain the site.
Total Website Maintenance and Expansion:
$ 5,000
Police:
Staff initialed a pilot program, the CRA police program, which was on
contact for the fiscal year 2003-2004. Future year's contracts are not
automatically approved or extended.
Heart of Boynton:
The CRA and Boynton Beach Police Department entered into a
pilot program for special police within the "Heart of Boynton" and
the "Central Business District" boundaries. '
Zone three is that area within the CRA bounded by the C-16 canal
on the north, Boynton Beach Blvd. on the south, 1-95 on the west
and the Intercoastal Waterway on the east. This is an area that for
many years experienced a high volume of police activity and calls
for service. The CRA Board will receive a full report from the
Boynton Beach Police Department on the progress of the CRA
Special Police. The budget for two officers and related costs is
$175,000.
Central Business District:
Due to the influx of visitors as well as the new construction within
the downtown and Marina redevelopment area, the CRA Board
approved a contract between the CRA and the City of Boynton
Beach for special police. The CRA Board will receive a full report
from the Boynton Beach Police Department on the progress of the
CRA Special Police. The budget for two officers and related costs is
$175,000.
Note that the first expenditures for the program in 2003/2004 had a
large share of the funding for equipment. 2004/2005 can see
6135
15
additional officer time or number for the same funding amount due
to a lesser amount of funding being expanded for equipment.
Total Police Program:
$ 350,000
Transportation/Trolley:
Staff is proposing this as a pilot program, which is on contract and can be
modified and / or cancelled at any given time. Future years' contracts are
not automatically approved or extended. The CRA is proposing a trolley
system to help move people around the Central Business District to avoid
the congestion within high-density areas and to transport workers from the
Head of Boynton to jobs located on Congress Avenue as well as other
areas of Boynton Beach. We are proposing to contract for services of
system operation.
The proposed shuttles, of which there are three trolleys for two routes, will
provide transportation 5 days a week with traditional quality vehicles, a
high caliber staff and a strong management team. Staff is proposing two
routes; the Ocean Avenue Trolley and the Congress Avenue Trolley.
The Ocean Avenue Trolley is a local circulator which will transport people
to parking areas at City Hall and the Civic Center, thereby relieving traffic
congestion and parking issues. The Trolley route is proposed as a 15
minute loop from the Marina to the Civic Center and City Hall and back.
The trolley would run Thursday through Sunday. All vehicles are the
correct passenger size to move substantial number of passengers but is
nimble enough to maneuver around downtown. The contractor will be
required to be fully licensed and insured.
The Congress Avenue Trolley is a local circulator which will transport
workers from the Heart of Boynton and downtown Boynton Beach to Tri-
Rail and employers located on Congress Avenue. The Trolley route
proposed would circulate through the Heart of Boynton up to Gateway
past Village Royale on the Green and Village Royale over to the Tri-Rail
Station and on to the Boynton Beach Mall and businesses on Congress
Avenue. These vehicles are enclosed versus open style of trolley used in
the Ocean Avenue Trolley. The trolley will be able to move a substantial
number of passengers but will be nimble enough to maneuver around
downtown. The Contractor will be required to be fully licensed and
insured.
The proposed trolley budget for 2004-2005 is $471,966, which includes
$170,131 CRA contribution, $120,000 Metropolitan Planning
Organization (MPO) Grants, and $181,835 advertising and sponsorships.
Staff has applied for a three year grant of $120,000 per year for three
trolleys with the MPO, which will meet on July 28, 2004 to approve the
6136
16
grant recipients and award contracts. Staff will also bring forward an
advertising and sponsorship plan to help with trolley funding.
Exact scheduling will be developed with the area businesses and parking
needs assessment.
"Congress Avenue Trolley"
Expenses
Variable Cost 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 Total
Driver $ 72,800 $ 72,800 $ 72,800 $ 72,800 $ 72,800 $ 364,000
Cleaning $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 5,000
Fuel $ 23,400 $ 23,400 $ 23,400 $ 23,400 $ 23,400 $ 117,000
Maintenance $ 25,935 $ 25,935 $ 25,932 $ 25,932 $ 25,932 $ 129,666
Total Variable Cost $ 123,135 $ 123,135 $ 123,132 $ 123,132 $ 123,132
Fixed Cost
Signs $ 5,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000
Shelters & Benches $ 0 $ 0 $ 0 $ 0 $ 5,000
Trolley $ 96,000 $ 96,000 $ 96,000 $ 96,000 $ 96,000
Insurance $ 21,600 $ 21,600 $ 21,600 $ 21,600 $ 21,600
Storage $ 3,600 $ 3,600 $ 3,600 $ 3,600 $ 3,600
Administration $ 500 $ 500 $ 500 $ 500 $ 500
Management $ 72,000 $ 72,000 $ 72,000 $ 72,000 $ 72,000
615,666
9,000
5,000
480,000
108,000
18,000
2,500
360,000
Total Fixed Cost $ 193,700 $ 193,700 $ 193,700 $ 193,700 $ 193,700 $ 968,500
Total Cost Congress $ 316,835 $ 316,835 $ 316,832 $ 316,832 $ 316,832 $ 1,584,166
"Ocean Avenue Trolley"
Expenses
Variable Cost 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 Total
Driver $ 38,223 $ 40,131 $ 42,151 $ 44,253 $ 46,465 $ 211,223
Cleaning $ 3,380 $ 4,096 $ 3,380 $ 3,380 $ 3,380 $ 17,616
Fuel $ 12,285 $ 12,285 $ 12,984 $ 12,285 $ 12,285 $ 62,124
Maintenance $ 3,443 $ 3,413 $ 3,413 $ 4,010 $ 3,798 $ 16,077
Total Variable Cost $ 57,331 $ 59,925 $ 61,928 $ 63,928 $ 65,928
Fixed Cost
Signs $ 5,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000
Shelter & Benches $ $ $ $ $ 5,000
Trolley S 47,775 $ 47,059 S 47,775 $ 47,775 $ 47,775
Insurance $ 10,800 $ 10,800 $ 10,800 $ 10,800 $ 10,800
Storage $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ 3,000
Management $ 31,225 $ 28,665 $ 28,665 $ 28,665 $ 28,665
309,040
9,000
5,000
238,875
54,000
15,000
145,919
Total Fixed Cost $ 97,800
Total Cost Ocean $ 15.66131
S 89,524 $ 91,240 $ 91,240 $ 96,240
$ 149;449 $ 163:166 $ 155.168 ~
System Total $ 471.966 $ 467.284 $ 470:000
467,794
776.834
$ 479;000 $ 2.361.00.___.__~0
Total Trolley Programs:
$ 471,966
6137
17
Festivals & Events:
The CRA is proposing three events, which include Winter Carnival,
Heritage Festival and a monthly Movie Event. The CRA will seek new
partnerships with the local business non-profits associations and arts
community, while retaining the old partnership with the Chamber of
Commerce, BODA and the City of Boynton Beach, in order to build
successful self-sufficient events.
While past events continue to grow, the single most effective element to
significantly expand event potential is to enrich the quality of the
entertainment. Staff is committed to the development of sponsorship
relationships for additional funding for national performance acts for
Heritage Festival and Winter Carnival. Additionally, the quality of
entertainment has been proven to be a direct driving force to the number
of people who attend events. An increase in funding for better
entertainment will increase the attendance which will result in a stronger
possibility for a revenue stream. That revenue stream could be a small
gate fee, which will assist in attaining the ultimate goal of the CRA which is
to assist our partners to develop financially independent events. Finally,
staff is proposing additional funding, which will be used towards the goal
of improving the quality of entertainment for the events. The current
budget per event has been $7,500. Staff is recommending $12,000 x 3 =
$36,000 for three events.
Heritage Fest continued CRA support will result in bringing people
to the redevelopment area, and improving and managing
perception of the 'area. As with all events within the CRA
boundaries, they strive to attract economic re-investment. In order
to achieve this goal, events are placed in the heart of the CRA
activity area, for example, the MLK area. One of many by products
is the involvement of the young people in the neighborhood. The
CRA funding and staff support was instrumental in achieving a
recent milestone. Continued CRA support will be necessary for the
event to continue to make positive strides. Support in the Heart of
Boynton will assist in rebuilding the reputation of the area and shed
a more positive light. Continuous events in the area will not only aid
in economically rebuilding the area but help to put in perspective
the perceptions about the area.
HeritageFest 2005 Caribbean Night
Entertainment $
(Jamaican, Haitian, Spanish, Trinidad and Tobago)
DJ/MC $ 300
Hospitality VIP Tent $ 850
Airline Tickets $ 750
Light & Sound $ 850
6138
18
8,000
Port-O-Lets $ 250
Limousine $ 500
Total $ 12,000
The Boynton Beach Multi-Cultural Winter Carnival in past years
has been a partnership between the CRA and Boynton Ocean
District Association. This holiday themed carnival celebrates the
diversity in culture that exists in Boynton Beach and the
neighboring cities. The elements of the event, specifically the
International Market Place, Talent Show Case and the Snow
Volleyball Tournament, have been designed to appeal to families
who celebrate Kwanzaa, Christmas and Hanukkah and increase
attendance by attracting families and friends to support the
competitors. Goals of the CRA are: retention of people downtown,
business development and potential fundraising. Improvements
for 2005 are to place significant emphasis on attaining national
entertainment, reduce disconnect between the carnival rides and
the rest of the event site and increase revenues corporate
sponsorship and increase attendance and vendor participation.
Boynton Beach Multi-Cultural Winter Carnival
Kwanzaa / Hanukkah Booths $ 200
Ice Skating Rink $ 924
Snow Ice Machine $ 620
Kids Zone $ 875
Radio $ 900
MC $ 25O
Production Sound $ 1,350
Pod-O-lets $ 349
Photography $ 74
Trophies $ 86
Art Supplies $ 40
Entedainment $ 5, 000
T-Shirts $ 232
Refreshments for the Bands $ 100
Community Family Program $ 1,000
Total $ 12,000
"Movies on the Avenue" is proposed to be a monthly event. The
event would take place the second Friday of each month on the
five hundred block of Ocean Avenue. Bob Katz, the owner of the
lot located at 502 East Ocean Avenue, has not only granted the use
of the property for the endeavor but will be addressing some
elements that will make the site more conducive to the proposed
use. Those .elements include painting the western external wall of
the building on 506 east ocean avenue for the projection of the
6139
movies and grading of the adjoining lot and finishing with mulch.
The event will be free to the public. However paid elements will
include: Chair rental, food and beverages (to be provided by
vendors). The event will adopt a 50's /60's theme and invited
participants will include local car and bike clubs. Movies will be
thematic "Beach Blanket," "Elvis," "Greece," "Rebel without a
Cause," etc. "Movies on the Avenue" is proposed to be a
partnership among the City, the CRA and Bob Katz Properties and
each partner will provide specific elements. The event was
designed as replacements for the annual event know as "Wheels
Weekend". For a variety of reasons the Chamber of Commerce has
terminated their annual car show typically held on day two of the
weekend's activities. Consequently, Saturday's events had to be
redesigned. It was determined that keeping the theme would be
advantageous because the "Wheels Weekend" event had
developed a significant following which we hope will continue to
support the new event. The proposed plan calls for seven smaller
events on a monthly basis. The goal of the event is to increase
economic impact in the downtown on a more consistent basis and
give residents and visitors more opportunities to visit and
patronize the businesses in the downtown area.
When:
Location:
2nd Friday of Each Month (October,
November, December, January,
February, March, April)
502 E Ocean Ave,
Proposed Start Date: _ October, 2004
Movie Equipment:
Contacted Southern Audio Visual
License:
Contacted Criterion Pictures USA and
Swank Motion Pictures, Inc.
Proposed Monthly Budget:
LCD Projector, Sound System, Engineer
Movies/Licensing
3 Port-O-Let
Entertainment/Music/Band
Promotions/Mailings
City Generator/Staff ($32.50 per hour)
Total
Annual (Required sponsorship required)
,165
350
225
500
lOO
200
2,540
17,780
6140
20
Alternate Proposed Budget
LCD Projector donated or sponsored
Sound System, Engineer $ 265
Movies/Licensing $ 350
3 Port-O-Let $ 225
Entertainment/Music/Band $ 500
Promotions/Mailings $ 100
City Generator/Staff ($32.50 per hour) $ 200
Total $ 1,360
Annual $ 9,520
Potential Revenue Sources: Vendors, chair rental, corporate
sponsorship
Partners Contributions:
CRA:
City:
Promotions, Movies, Licensing, Technical Support,
Equipment, Port O Lets, and Police Officers
Barricades, Caution Cones, Proportional
Opportunities, Trash Receptacles, Generator/staff
Bob Katz Properties: Site
Current Competing Events:
Lake Worth 1st and 3rd Fridays Customs: Hot Rods, Abacoa 1st
Saturday, Delray Old School Square Movie night flicks 10/29,
11/26,12/17 1/28 2/25, 3/25 4/29
Ocean Front Concert Series: 3rd Friday of each month
Festivals/Events (3 @ $12,000)
$ 36,000
State-of-the-CRA & Recognition Event - Attendance Projected
200
Staff is proposing the creation of an annual event "State-of-the-
CRA" & Recognition Program for the 2004-2005 budget year. This
program would update the public on the development, programs
and projects of the CRA as well as recognition for a job well done in
the following categories; FaCade Improvement Project, Best New
Project, Business of the Year, Sponsor of the Year, Non-Profit
group of the Year, Volunteer of the Year, Board Member Service
Award.
6141
21
Revenue
Ticket sales (150 @ $45)
Total Revenue
6,750
Expenses
Entertainment
Speaker
Catering ($25.00 per person)
Promotions, invitations, etc
Award Plaques (9 @ $50)
Mailings
Total Expenses
Total "State of the CRA"(Net)
$ 5OO
$ 2,150
$ 5,00o
$ 500
$ 1,350
$ 100
9,600
2,85o
Festival/Event Support Programs
Festival Administration and Event Manuals
After each event, an event manual is produced. The
manuals are road maps that detail the logistics of each event
along with sample documents and tools used in the design
and implementation phases. The manuals are made
available to anyone interested in viewing the information.
These manuals serve a dual purpose: first, as a road map
for the event, they enable planning for future years to be less
difficult and cumbersome and second, they can be used by
other organizations as a guide for designing successful
events.
Folders (6 @ $5.00)
Tabs (6 @ $7.00)
Miscellaneous
Total
3O
42
1,428
1,500
Sponsorship Development Program
The Sponsorship Development Program is proposed to be a
systemic approach to increasing sponsorship participation or
the budgeted CRA events. Currently, our sponsors are
committing to events on a per event basis. The program will
bundle all of the events and aim to get multiple year
commitments. The program will be_ implemented in the
following phases: Creation of a marketing piece targeted to
getting new corporate sponsors, contact existing sponsors
and attempt to increase their level of participation and
recognition for particiPation at the Annual "State-of the
CRA"./Recognition Event.
6142
22
Promotions (Brochures Paper 5 packs)
Mailings (5 mailings of 50 @.37)
Miscellaneous
Total
$ 35
$ 93
$ 372
$ 500
Volunteer Development Program
Boynton Beach is a city that is currently in an infancy stage
as it relates to events. While historically there have been
events, they have been sporadic and their growth has been
impeded by many economical and social factors. As a
result, a base of volunteers has not been established and
more significantly not maintained. The existing groups of
volunteers are dedicated however; they are weary because
of the quantity of time they donate and the small size of the
group.
The Volunteer Development Program is proposed as a
conscious choice to develop, maintain and educate a select
group of citizens to become volunteers. The program will
have three phases: Identification of current sources for
volunteers, design and implementation of a marketing plan
and design and implementation of an interaction schedule.
The program will focus on creating a group large enough in
size to manage the current budgeted events and festivals
identified in the CRA's Events Strategic Plan. The program
will focus on continuous communication with citizens before,
during and after each event. In addition, the program will
create vehicles for the volunteers to provide feedback and
suggestions to event organizers. Contributions will be
recognized at each event wrap-up but also at the Annual
"State-of-the-CRA"/Recognition Event.
Promotions Brochures (Paper 5 packs) $ 35
Mailings (5 mailings of 50 @ .37) $ 186
Wrap-up Events (5 events @ $200) $ 1,029
Total $ 1,250
Total Festival/Event Support Programs
$ 3..250
Total Festivals/Events:
$ 42,100
Business Programs:
The Business Genesis
activities and funding
Development Fair.
Program was approved on March 9, 2004. Program
for 2004/2005 will be for Phases III and V plus a
6143
23
Business Genesis Program Budget:
Development Fair
Phase II
Phase III Misc. expenses
Phase IV (14 Monthly Meetings $150)
Phase V (Miscellaneous expenses)
Graduation Event
Office Expenses, Miscellaneous, Postage
1,250
300
200
2,100
5o0
1,500
1,0oo
Total Business Programs
$ 6,850
Holiday & Events Street Decor:
The CRA has several banner areas on main streets in the CRA area. Staff is
recommending $10,000 for Holiday Decorations in cooperation with the City of
Boynton Beach and $5,000 for event banners.
Total Holiday & Events Street Decor:
$ 0
Marketing/Promotions:
Public Relations
Photo Display Boards (2 per event)
Appreciation Certificates (20 per event)
Promotions (Paper 5 packs)
Mailings (5 mailings of 50 @.37)
Holiday Mailings (post cards)
Promotional Materials
Framing (5 @ $45)
Total
Neighborhood Groups and Associations
$ 300
$ 95
$ 35
$ 95
$ 60
$ 1,000
$ 225
$ 1,825
to CRA
250
(BODA, Chamber, City Events/Activities Expand Public Access
Meetings, Info and Resources)
Mailings (5 mailings of 135 @ $.37) $
Total $
250
Total Marketing/Promotions:
$ 2,075
CRA Grant Program
Commercial Fagade Grants:
The CRA's $56,628 for the Fagade Matching Grant program has
encouraged $169,775 in Private Sector investment in 2003-2004.
The enhancement of existing commercial buildings ensures a
complete unified look in the City of Boynton Beach. In 2002-03, we
6144
24
had three grant recipients and in 2003-04, we almost doubled that
to five recipients.
New Grants $ 30,000
Roll Over Grants $ 75..000
Total Commercial Fagade Grants
$ 115,000
Single Family Owner Occupied Residential Fagade Improvements
Grant:
The "Single Family Owner Occupied Residential Facade
Improvements Grant Program" provides a reimbursable matching
grant up to $15,000 to encourage Residential Property Owners to
upgrade heir properties by improving the external appearance of
their homes. 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 grant can be used for such elements as Fa(;ade
Reconstruction and/or Architectural Improvement; Painting,
Shutters, Awning/canopies, Doors/Windows, Landscaping around
the Home, Irrigation, Exterior Lighting, and Exterior Wall Repairs.
Each applicant must be the owner and reside in the property.
Total Single Family Owner Occupied Residential Fagade
Improvement Grant: $
0
Economic Business Grant Match:
The CRA has assumed the County's Development Regions Grant
Program for the Boynton Beach CRA Area. This is a matching grant
program for business development and job creation in conjunction
with the Palm Beach County Economic Development Department.
Generally, the match is 1/3 Applicant, 1/3 CRA and 1/3 County. The
CRA has set aside funding in the Economic Business Grant Match.
In 2002/2003, we had two recipients. The CRA has continued this
program in 2003/04 to help local businesses compete in the
changing redevelopment environment. Delray Boynton Academy
received a grant for $50,000, which was matched by the County
and added $805,502 into the economy with 10 new jobs created.
Based upon one recipient from 2003/04,
Roll Over Grants
$ 85.000
Total Economic Business Grants
$ 85,000
Existing Owner Assembly & Redevelopment Incentive Grant:
The "Existing Owner Assembly & Redevelopment Incentive Grant
Program" provides a reimbursable matching grant.up to $15,000 to
encourage the self-assembly of adjacent properties for
redevelopment. Thegrant program will be available to owners who
plan to cooperatively assemble properties for redevelop within 12
months of completion of the grant activity work. The aggregate area
of commitmentwill be a minimum of 1.5 acres assembled for
projects up to the MU-L zoning and 2.0 acres for projects proposed
as MU-H zoning. The minimum number of different grants
applicants (properties) will be three.
This grant can be used for survey, initial site planning, appraisals,
legal and/or feasibility studies and other similar services for the
assembled property areas.
All participating property owners are sub applicants to the grant.
Each sub-applicant must be listed in the grant application with the
estimated costs for each of the requested activities. All costs
associated as being part of an overall master assembly will be
identified.
Total Existing Owner Assembly & Redevelopment
Incentive Grant:
$ 0
Total CRA Grant Programs
$ 200,000
Direct Incentives:
The Direct Incentive Program is the CRA's primary development incentive
program that is in support of the best of the best projects.
Direct Incentives are generally paid after the project has appeared on the
tax assessor's tax rolls. The budget line item projection reflects the
maximum potential incentive per project; therefore, incentive cost may be
less if scoring does not meet full impacts.
Total Direct Incentives:
Direct Incentives Loan (Arches):
$ 0
The Direct Incentive Loan program is a request for upfront loading on the
Direct Incentive request. This one time loan received approval by the CRA
Board in November 2003.
Total Direct Incentives Loan (Arches):
TOTAL PROGRAM:
6146
26
$ 0
$1,077,991
PROJECTS
CRA Office:
Staff is recommending a down payment of $300,000 for the purchase of a
building or land.
Total CRA Offices:
BBB/Riverwalk/Promenade Project:
$ 0
Construction started in 2004 on the construction of the Boynton Beach
Blvd Extension, Promenade/Riverwalk Design Build Project. Burkhardt
Construction has presented the cost of $19,345,207 and completion date
of April 2007 for the completion of the project. Staff has broken the cost of
each phase into fiscal years and the costs for 2004-2005 are as follows:
Boynton Beach Blvd. Extension
Riverwalk
Promenade
Total Cost for 2004-2005 years:
BBB Land Payment:
$ 2,552,872
$ 180,383
$ 177,237
$ 2,910,492
The CRA is projected to contribute an additional $1,000,000 for the Hall
Property.
Total BBB Land Payment: $ 0
HOB Commercial Land Acquisition:
The CRA will assemble projects in Phase I for redevelopment in the Heart
of Boynton area.
Total HOB Commercial Land Acquisition: $ 684,457
Way-Finding Signage:
The first round of signs for the local Business Districts, City Attractions
and Facilities, Public Parking and Transportation linkage points was
completed in 2003-2004. Proposed is a second round of signs in our Way-
Finding Sign program.
Total Way-Finding Signage:
$ 0
6147
27
Marina Parking Garage:
The CRA Board approved the proposed garage to provide 70 spaces for
both general public in the Marina District. The project will be completed in
2005-2006.
Total Marina Parking Garage:
Town Square Project Development:
$ 750,000
The funding is in partnership with the City of Boynton Beach to implement
a Town Square development Program.
Total Town Square Project development:
$ 0
Savage Creatures Museum:
This funding is to begin the next step towards potential establishment of
the Savage Creature Museum concept in Boynton.
Total Savage Creatures Museum:
$ 45,000
Miscellaneous Projects:
This category shall be for any special projects that may occur, which
need to be completed by the CRA.
Total Miscellaneous Projects:
$ 0
NOTE: .Savage Creatures, Old High School Renovation and Town Square
may emerge as requiring CRA Fund Underwriting as seed or grant
matching funding. These opportunities would be addressed as they occur
on a case by case basis. Several options and sources for funding would be
available for CRA participation, if approved by the Board.
TOTAL PROJECTS:
$4,389,949
6148
28
~ ~ l~i ~I I~I ~ ~ ~ " " ~I~II~I
I I I II II II II II II I~ II II ~ II II
Il Il Il Il Il Il Il Il Il Il Il I Il Il
II II II II II II II II II II III II
II II II II II II II II II II II I II
Il Il Il Il il ii Il Il Il Il Il Ill Il
. i~~
le/
> = II II II II II II II II II II II ~;;~ z ; I Ii~H~l
MEMO
TO: CRA
FROM:
Douglas Hutchinson
SUBJECT: Consideration of the Resolution Adopting the CRA 2004/2005 Budget
DATE:
August 28, 2004
The CRA Board must approve the CRA 2004-2005 Budget by Resolution in accordance
with Florida Statues Section 189.418. Legal Staff has reviewed and approved this
Resolution.
Staff is recommending the approval of the CRA 2004-2005 Budget by Resolution.
RESOLUTION NO. 04-01
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A RESOLUTION OF THE BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, ADOPTING THE BUDGET FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 2004, AND
ENDING SEPTEMBER 30, 2005; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Fiscal Year for the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY ("CRA") begins October 1, 2004, and ends September
30, 2005; and
WHEREAS, a Budget for the revenues and expenditures of the CRA for the
Fiscal Year 2004/2005 has been prepared by the Controller and presented by the
Executive Director for approval by the CRA Board;
NOW, THEREFORE, BE IT RESOLVED BY THE BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY THAT:
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as true and correct and by this reference incorporated herein.
SECTION 2. The CRA Budget, which is attached hereto as Exhibit "A" and
expressly made a part hereof, is hereby adopted and shall be in full force and effect for the
Fiscal Year beginning on October 1, 2004, and ending September 30, 2005.
SECTION 3. The total available funds including all revenues are in the amount
of $6,717,556.00.
SECTION 4. All resolutions or parts of resolutiOns in conflict hereWith are
hereby repealed to the extent of such conflict.
6154
Page 1 of 2
C:X,Documents and Settings\vielhauers.CITY~y Documeuts\resoulations\03-01 (Adopting Budget for Fiscal Year 2004-
2005).doc
RESOLUTION NO. 04-01
1
2
3
4
5
6
SECTION 5. If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6. This Resolution shall become effective immediately upon its
passage and adoption.
PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY BOARD, THIS DAY OF ,
2003.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY,
By:
CHAIR
C:XDocuments
2005).doc
6155
Page 2 of 2
and Settings\vielhauers.CITY~My DocumentsXresoulations\03-01 (Adbpting Budget for Fiscal Year 2004-
MEMO
TO:
CRA
FROM:
Susan Vielhauer
SUBJECT:
Consideration of a Formal "Letter of Request" for the CRA to Issue Debt
and Further Requesting the City to Consider Granting the CRA Credit
Enhancement for Underwriting Purposes.
DATE:
September 9, 2004
The CRA Staff (Director Douglas Hutchinson and Controller Susan Vielhauer), CRA
Legal Counsel Lindsey Payne and Financial Advisor Julie Turner met with the City of
Boynton Beach Staff (City Manager, Kurt Bressner, Finance Director Diane Reese and
In-Coming Finance Director Bill Mummert) and the City's Bond Counsel Mark Raymond.
This was the initial meeting to begin the process for the CRA to obtain debt funding to
support the CRA's proposed target Budget based on the proposed 2004-2009 Budgets.
The first step for the CRA Board is to submit a formal "Letter of Request" to the City of
Boynton Beach asking for approval for the CRA to secure debt upto the approximate
amount of $19,575,000. The formal "Letter of Request" will also ask the City of Boynton
Beach to grant a City-Backed Pledge for a 20-Year Tax-Exempt CRA Tax Increment
Revenue Backed Bond offering. The City's credit enhancement will result in substantial
interest cost savings to the City's Tax payers.
The formal "Letter of Request" to the City Commission will have attached the proposed
CRA Budget including the approximately $19,575,000, 20-Year Tax-Exempt CRA Tax
Increment Revenue Backed Bond issue. Upon City Commission approval for the CRA
to proceed to secure debt through a Bond issue with a back-up city pledge, Bond
6156
Counsel will draft a formal resolution. The Resolution will then be sent to the City
Commission for adoption.
Once we have the Resolution in place, the CRA Financial Advisor, Julie Turner and
Bond Counsel, Mark Raymond, will move forward with the financing team to issue the
20-Year Bonds.
The CRA Board will need to make the following motions to move forward:
1. Request the City to approve the CRA to secure debt in the approximate amount
of $19,575,000.
2. Request the City to grant the CRA a City-Backed Pledge for a 20-Year Tax-
Exempt CRA TIF revenue backed bond issue.
6157
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FI 33435
September 14th, 2004
BEAC
To: The Honorable Boynton Beach City Commission
C/O: Kurt Bressner, City Manager
The CRA Board formally requests the Boynton Beach City Commission grant the
CRA the ability to secure debt up to the amount of $19,575,000 secured by the CRA Tax
Increment Revenues (TIF).
The CRA also requests the Boynton Beach City Commission to grant a back-up
pledge to support a 20-Year Tax-Exempt Bond offering primarily secured by CRA Tax
Increment Revenues.
A City back-up pledge would allow the CRA's debt to be issued with bond insurance
and rated "AAA", which is the highest tax-exempt bond rating. Such a rating will
dramatically lower the interest cost to the CRA TIF and lock in complete funding for the
Boynton Beach Boulevard Extension, Promenade, Riverwalk, Land Acquisition and
additional Public Parking in the Marina Parking Garage at current historically Iow interest
rates. The bonds also allow the CRA to invest TIF revenues to facilitate the entire Heart of
Boynton Phase One project.
Because of the economic vulnerability of Tax Increment Revenues, any bonds
issued by the CRA without a back-up City pledge would likely be non-rated or Iow rated.
Under current market conditions, such a financing would likely bear an interest rate at
approximately 6.00%, which is approximately 1.50% higher than the current "AAA'-rated
interest rate of 4.50%. This higher interest cost could result in an additional $4,000,000 in
interest payments over 20 years for the CRA TIF.
BOYNTON BEACH
COMMUNITY REDEVELOPMENT A~ENC¥
639 E. Ocean Ave Ste. 107
Boynton Beach, FL 33435
Office: 56!-737-3256 · Fax: 561-737-3258
In addition to the interest savings to the CRA TIF, the back-up City pledge provides
the CRA with sufficient debt capacity to secure complete funding for the projects at today's
interest rates, which are near 43-year lows. With a back-up City pledge, the CRA can issue
debt with a coverage requirement of 1.35x tol.50x the CRA's last year 2003 Tax Increment
Revenues. The proposed bond payment with the required coverage is approximately
$1,500,000 out of the 2003 revenues of $2,400,000. Note that the 2004 CRA TIF revenues
are set by the County Tax Office at $3,400,000, therefore the CRA has a current 2.6 times
coverage. This coverage affords the community a piece of mind that the CRA TIF revenue
stream can comfortably make the bond payments. This allows the CRA to lock in Iow cost,
affordable payments and fund the projects in full. Without a back-up City pledge, the debt
service coverage requirement would be up to 2.00x from the CRA's 2003 Tax Increment
Revenues. This requirement for coverage will reduce the bonding capacity of the CRA and
therefore would not provide sufficient funds to complete the projects, subjecting the projects
to completion risk for the additional required amounts. Securing the funding in full at
today's historically Iow interest rates with affordable annual payments is the most
conservative approach to funding these important projects for the community.
Please find attached the CRA's proposed Budget and Sources/Uses of the bond
proceeds. The debt funding allows the CRA and City to move forward on critical community
projects and provides future funding capacity to consider other projects as may they
develop. This is in substantial contrast to the Budget the CRA passed to meet statuary
regulations which limited budget expenditures to the CRA's annual TIF revenue stream.
This budget is included for your review and will be used until and/or unless the City does
not grant the CRA additional debt capacity.
Thank you for your time and thoughtful consideration of this. CRA request.
Sincerely,
Jeanne Heavilin
CRA Chair of the Board
BOYNTON BraCH
COMM~JNtTY REDEVi;I. OPMi;NT AGENCY
639 E Ocean Ave Ste t07
Boynton Be_ach. FL 334-35
Office; 561-737-3256 * Fox: 56}-737-3258
Z
Z
Z
0
0
0
0
BEACH
Community Redevelopment Agency
2004~2005
Budget
with
2004 to 2009
Budget Forecasts
City of Boynton Beach CRA
639 E. Ocean Ave., Suite 107
Boynton Beach, FL 33435
561-737-3256
6160
Table of Contents
2004/2005 Budget Narrative ............................................. 1
2003/2004 Rollover Budget ............................................... 32
Budget Worksheets ......................................................... 43
Financing ...................................................................... 45
Cash Management .......................................................... 62
616I~
City of Boynton Beach
Community Redevelopment Agency
Budget Workshop Projections
05/10/2004
Please find attached the Staff's proposed CRA Budget for October 1, 2004 to
September 30, 2005. Staff has proposed a five-year budget forecast with income
and expense items as well as programs and projects.
The following notes highlight all major items within the budget in an attempt to
provide insight as to their origination and future destination. All budgeted items
may be considered individually or as a group for discussion.
Staff is projecting a "Current Year Adjusted Rollover Budget" for the balance of
the 2003/2004 budget year of $3,099,507. This Adjusted Budget reflects actual
expenditures and transfer of unpaid 2003/2004 line item amounts to the
2004/2005 Budget. This Adjusted Budget reflects only approved CRA Board
items for roll over. The CRA received an additional $156,447 in TIF revenue for
the 2003/2004 budget year. The trolley pilot program was pushed back to the
2004/2005 budget year. Additionally, Staff had budgeted funds for the Marina
Parking Garage, which have been pushed back to the 2004/2005 budget year.
The CBD Parking Site project will be eliminated and not be moved forward.
REVENUES
TIF Revenue:
The CRA Revenue for this budget is based upon the tax appraiser's
office projected 2003 tax roll values (final values are set in August
of each year and we have had changes as late as November of the
year). The CRA TIF income is derived by two factors; first is the
"New Construction" within the district. This is generated by new
projects receiving Certificate of Occupancy in 2003: The CRA
captures the difference between the 2002 evaluation and the new
2003 appraised value. These increments are generally depicted as
"New Projects."
The second area of TIF revenue is generated from Real Estate
appreciation in the CRA District, which is forecast by the County
Tax Office. These increments are increases over the base values
established at the creation and amendment of the CRA and the
current tax roll value.
Future TIF Projections for 2005 to 2009 are based on new projects
forecasted to come to on the tax rolls and an estimated
appreciation factor by the CRA. Staff is forecasting a more
moderate appreciation rate from the County's rate for the five-year
6162
2
forecasts due to concerns about sustaining the current appreciation
increase in the future market place. Staff is recommending a 15%
appreciation rate, which we believe is an accurate number. The
County has a 19.71% increase.
Staff questions the new construction and appreciation of real
property valuation numbers for 2004/2005, which are forecasted by
the tax office. The CRA questioned the first set of new construction
values, which were $65,000,000. Subsequently, this number has
been corrected by the tax office to $6,000,000.
Each taxing entity that contributed to the Boynton Beach CRA is
listed separately. Note that the CRA receives 95% of the increment
taxes from each (See detailed Spread Sheet on page 4 of Excel).
Total County Tax Office Projected TIF Income:
$3,875,415
Trolley:
Staff has applied for a grant for $120,000 per year for three years
from the Metropolitan Planning Council for the pilot trolley program.
Staff is also budgeting $181,835 in advertising and sponsorships
for the trolleys. Also note that Developer support may be enacted to
fulfill the TCEA study's mass transit element.
3 6163
as it comes due.
Total Recapture of TIF Loan Principle 2004/2005: $
TIF Loan Interest:
Interest paid by the Arches on the proposed TIF Loan figured at
2%.
Total TIF Loan Interest 2004/2005: $
Interest Income on Reserves:
Interest the CRA receives from investing reserve funds.
Total Interest Income on Reserves: $
Other Income
195,215
0
Total CRA Projected TIF Revenue: $3,467,422
Recapture of TIF Loan Principle:
The Arches will repay the principle on the proposed Incentive Loan
Grant -Trolley
Advertising/Sponsorship -Trolley
"Congress Avenue Trolley" Revenue Sources
2004-2005 2005-2006
$ 120,000
$ 181,835
2006-2007 2007-2008 2008-2009 Total
Revenue
MOP Grant $ 80,000 $ 80,000 $ 80,000 $ 0 $ 0 $ 240,000
Adve~ising $ 121,835 $ 121,835 $ 121,835 $ 141,832 $ 141,832 $ 649,169
Fares $ 0 $ 0 $ 0 $ 0 $ 0 $ 0
AdditionalGrants $ 0 $ 0 $ 0 $ 60,000 $ 60,000 $ 120 000
Total Revenue $ 201,835 $ 201,835 $ 201,835 $ 201,832 $ 201,832 $ 1,009,169
"Ocean Avenue Trolley"
Revenue Sources
2004-2005 2005-2006
2006-2007 2007-2008 2008-2009 Total
Revenue
MOP Grant $ 40,000 $ 40,000 $ 40,000 $ 0 $ 0 $ 120,000
Advertising & Sponsors $ 60,000 $ 58,000 $ 50,000 $ 50,000 $ 50,000 S 268,000
Fares $ 0 $ 0 $ 0 $ 0 $ 0 $ 0
Additional Grants $ 0 $ 0 $ 14,469 $ 54,571 $ 60,000 $ 129,040
Total Revenue $ 100.000 $ 98:000 $ 104:489 $ 104:571 S 110:000 $ .517;040
System Total $ 301,835 $ 299,835 $ 306,304 $ 306,403 $ 311,832 $ 1,526,209
Total Trolley 2004/2005: $ 301,835
Legal Repayment:
Legal Repayment Agreement
Total Legal Repayment:
Total Other Income:
Debt
$ 2,769
$ 2,769
$ 304,604
The CRA is proposing to issue a par amount of $19,575,000 in 20-year
bonds for the financing of the CRA projects and programs. The cost of the
issuance of the bonds, Underwriter Costs, Bond Insurance Premium and
the Deposit Reserve Fund will be deducted from the par amount.
Total Debt
TOTAL REVENUES FOR 2004/2005:
$17.716.868
$ 24,596,091
6164
4
OPERATING EXPENSES
Personnel Costs:
This budget category includes five positions, Executive Director,
Administrative Assistant, Controller, Secretary, and Bookkeeper
scheduled to be added in 2004-2005. The Assistant Director is scheduled
to be hired in September 2007. The attached spreadsheet includes salary,
taxes, worker's compensation, health insurance, life insurance and
retirement for all positions for the years 2004-2009.
Four of these positions are currently budgeted and an advertisement will
be placed for the Bookkeeper position on October 1,2004.
Current positions have a forecasted 3% inflation adjustment, with the
exception of the Controller who will now oversee additional work and
direct the bookkeeper position. The Controller will have a one-time
increase of $5,000 annually for these additional responsibilities.
Attached is the job description for the Bookkeeper position. This position is
added to shift basic accounting functions from the Controller, so the
Controller can better focus on contract issues and administration, grant
preparation and administration, and Human Resources Administration.
Additionally, due to the nevy fraud standards, the CRA will be required to
have segregation within the accounting functions, which will require an
additional person.
Due to the fact that Health Insurance rates are different for each individual
employee based on age and sex, Staff has calculated the rate per person
at the highest rate not by the individual in the position at this time. Staff
has calculated a 10% increase per year for 2005-2009.
Workers' Compensation rates are locked at the policy start date for a
period of four years. Staff does not anticipate an increase in rates for
2007-2009 at this time.
Life Insurance is term life insurance, which is locked in for 10 years at the
time the policy is written.
Short Term and Long Term Disability rates have been calculated with a
10% increase for future years.
Retirement rates are calculated at 5% of gross payroll; howeVer,
retirement has a one year employment requirement for eligibility.
Total Personnel Costs: $ 324,730
(The current budget reflects a 3% average annual increase in wages.)
6165
5
PERSONNEL
2004-2005 Employers Workers
Annual FICA Comp
Salary 7.50% $ 38.00
Director $ 96,305.00 $ 7,222.88 $ 456.00
Controller $ 55,925.00 $ 4,194.38 $ 456.00
Adm. Assistant $ 44,290.00 $ 3,321.75 $ 456.00
Bookkeeper $ 35,000.00 $ 2,625.00 $ 456.00
Secretary S 27,045.60 $ 2028.42 $ 456.00
Health Life
Insurance Insurance
$ 5,963.00 $ 606.96
$ 5,963.00 $ 170.16
$ 5,963.00 $ 83.40
$ 5,963.00 $ 170.16
$ 5,963.O0 $ 0
S/T SEP
L/T IRA
Disability 5%
$ 881.00 $ 4,815.25
$ 430.00 $ 2,796.25
$ 445.00 $ 2,214.50
$ 430.00 $ 0
$ 282.00 $ 1,352.28
04-05
$116,250.09
$ 69,934.79
$ 56,773.6
$ 44,644.1b
$ 37,127.30
Total
PERSONNEL
2005-2006
Director
Controller
Adm. Assistant
Bookkeeper
Secretary
$ 258,565.60 $ 19,392.42 $ 2,280.00 $ 29,815.00 $ 1,030.68 $ 2,468.00 $ 11,178.28 $ 324,729.98
Employers
Annual FICA Workers
Salary 7.50% Comp
$ 99,194.15 $ 7,439.56 $ 456.00
$ 57,602.75 $ 4,320.21 $ 456.00
$ 45,618.70 $ 3,421.40 $ 456.00
$ 36,050.00 $ 2,703.75 S 456.00
$ 27,856.97 $ 2,089.27 S 456.00
Health Life
Insurance Insurance
$ 6,559.30 $ 606.96
$ 6,559.30 $ 170.16
$ 6,559.30 S 83.40
$ 6,559.30 S 170.16
$ 6,559.30 $ 0
S/T
L/T
Disability
$ 969.10
$ 473.00
$ 489.50
$ 473.OO
$ 310.20
SEP
IRA
5%
$ 4,959.71
$ 2,880.14
$ 2,28O.94
$ 1,802.50
$ 1,392.85
05-06
S 120,184.78
S 72,461.55
$ 58,909.24
$ 48,214.71
$ 38,664.59
Total
PERSONNEL
2006-2007
Director
Controller
Adm. Assistant
Bookkeeper
Secretary
$ 266,659.28
$ 19,974.19 $ 2,280.00
Employers
Annual FICA Workers
Salary 7.50% Comp
$102,169.97 $ 7,662.75 $ 456.00
$ 59,330.83 $ 4,449.81 $ 456.00
$ 46,987.26 $ 3,524.04 $ 456.00
$ 37,131.50 $ 2,784.86 $ 456.00
$ 28,692.68 $ 2,151.95 $ 456.00
$ 32,796.50 $ 1,030.68 $ 2,714.80 $ 13,316.13 $ 338,434.87
Health Life
Insurance Insurance
$ 7,215.23 $ 606.96
$ 7,215.23 $ 170.16
$ 7,215.23 $ 83.40
$ 7,215.23 $ 170.16
$ 7,215.23 $ 0
SC
L/T
Disability
$1,066.01
$ 520.30
$ 538.45
$ 520.3O
$ 341.22
SEP
IRA
5%
$ 5,108.50
$ 2,966.54
$ 2,394.98
$ 1,856.58
$ 1,434.63
06-07
$124,285.42
$ 75,108.88
$ 61,153.7
$ 50,134.63
$ 40,291.71
Total
PERSONNEL
2007-2008
Director
Asst. Director
Controller
Adm. Assistant
Bookkeeper
Secretary
Total
PERSONNEL
2008-2009
Director
Asst. Director
Controller
Adm. Assistant
Bookkeeper
Secretary
$ 274,312.25 $ 20,573.42 $ 2,280.00 $ 36,076.15 $ 1,030.68 $ 2,986.28 $ 13,715.61 $ 350,974.39
Annual
Salary
$105,235.07
$ 68,000.00
$ 61,110.76
$ 48,396.88
$ 38,245.45
$ 29,553.46
$ 350,541.61
Annual
Salary
$108,392.13
$ 70,040.00
$ 62,944.08
$ 49,848.79
$ 39,392.81
$ 30,440.06
Employers
FICA Workers
7.50% Comp
$ 7,892.63 $ 456.00
$ 5,100.00 $ 456.00
$ 4,583.31 $ 456.00
$ 3,629.77 $ 456.00
$ 2,868.41 $ 456.00
$ 2,216.51 $ 456.00
$ 26,290.62 $ 2,736.00
Employers
FICA Workers
7.50% Comp
$ 8,129.41 $ 456.00
$ 5,253.00 $ 456.00
$ .4,720.81 $ 456.00
$ 3,738.66 $ 456.00
$ 2,954.46 $ 456.00
$ 2,283.00 $ 456.00
Health Life
Insurance Insurance
$ 7,936.75 $ 606.96
$ 7,936.75 $ 238.85
$ 7,936.75 $ 170.16
$ 7,936.75 $ 91.47
$ 7,936.75 S 170.16
S 7,936.75 $ 0
$ 47,620.52 S 1,277.87
Health Life
Insurance Insurance
$ 8,730.43 $ 606.96
$ 8,730.43 $ 238.85
$ 8,730.43 $ 170.16
$ 8,730.43 $ 91.47
$ 8,730.43(~]6¢ 170.16
$ 8,73O.43 $ 0
S~ SEP
L/T IRA
Disability 5%
$1,172.61 $ 5,261.75
$ 572.33 $ 0
$ 572.33 $ 3,055.54
$ 592.30 S 2,419.84
$ 572.33 $ 1,912.27
$ 375.34 $ 1,477.67
$ 3,857.24 $14,127.08
S/I' SEP
L/'r IRA
Disability 5%
$1,289.87 $ 5,419.61
$ 629.56 $ 3,502.00
$ 629.56 $ 3,147.20
$ 651.52 $ 2,492.44
.$ 629.56 $ 1,969.64
$ 412.88 $ 1,522.00
07-08
128,561.78
82,303.93
77,884.91
63,523.28
52,161.37
41,015.73
446,450.94
08-09
33,024.40
88,849.84
80,798.2,~
66,009.58
54,303.06
43,844.37
Professional Services:
Legal:
The CRA is
based upon
budgeting $75,000 for 2004-2005 Legal Services
the average of $6,250 per month. Legal Service
spending was an average of $5,609 per month for 6 months in
2003-2004. Additionally, Staff is recommending a legal reserve of
$100,000 for special projects.
Total Legal Services: $ 175,000
Lobbyist:
Staff is recommending a joint venture partnership with the City of
Boynton Beach for State and Federal lobbying, which is becoming
increasing important to the CRA and our activities. Additionally, if
we join with the City of Boynton Beach, the CRA gets greater input.
Total Lobbyist Services: $ 30,000
City Staff:
The CRA has retained the services of the City Clerks Office for
recording the minutes. The budget of $7,500 was based upon the
average of $625 per month. The City Staff average for 2003-2004
was $525 per month for 6 months.
Total City Staff: $ 7,500
Contracted Services:
The CRA will retain contracted service for projects specified in the
2003-2004 budget and projected projects for the 5-year budget.
Staff is recommending a project reserve for additional projects the
CRA wishes to take on but is unknown at this 'time.
The following new projects are projected for the 2004/2005
year:
$ 45,000
$ 10,245
$ 55,245
Seacrest Corridor Study
Project Reserve TBD
Total New Projects 2004/2005
6167
7
Contracted Services
CRA Projects Current and Proposed
Contract Current Billed to Expected Rolled onto Rolled onto Rolled onto
Contract Date to Bill 03- 04-05 05-06 06-07
04
Design Guidelines $ 75,000 $ 37,500 $ 10,000 $ 27,500 $ 0 $ 0
BBB Phase l $ 36,000 $ 32,400 $ 3,600 $ 0 $ 0 $ 0
BBB Phase II $ 25,000 $ 7,000 $ 18,000 $ 0 $ 0 $ 0
Master Plan $150,000 $ 9,000 $ 16,000 $125,000 $ 0 $ 0
Expenses for RMPK $ 8,686 $ 5,000 $ 5,000 $ 0 $ 0
Angel Pension Group $ 750 $ 563 $ 187 $ 0 $ 0 $ 0
TCEA $104,000 $ 63,200 $ 40,800 $ 0 $ 0 $ 0
Jonathan Ricketts $ 294,840 $ 17,507 $ 60,775 $ 52,255 $ 83,394 $ 80,909
RBC Dain $ 20,000 $ 0 $ 10,000 $ 10,000 $ 0 $ 0
Total $ 665,590 $175,855 $164,362 $ 219,755 $ 83,394 $ 80,909
Current Contracts Rollover
New Contracts 2004-2005
Total Contracted Services
$ 219,755
$ 55,245
$ 275,000
Audit:
The CRA will enter into a contract with an outside CPA firm in 2003
and will carry forward for a period of three years with an extension
of two years available. The base fee is projected at $5,900 for
2003, 2004 and 2005 with an extension for 2006 and 2007. Staff is
also proposing to leave $2,600 in the event that extra services are
needed for year one and two as needed.
Total Audit Services:
$ 8,500
IT Support:
The City's IT Department will provide for support, service and
maintenance for our computer hardware, software and internet as
per the approved 2003 contract. The budget for 2004-2005
contains:
City of Boynton Beach IT support
Carillon Accounting Software
Miscellaneous Needs
$ 13,000
$ 1,500
$ 1,500
Total IT Support: $
Staff has calculated a 5% increase per year for future budgets.
16..000
Total Professional Services
$ 512,000
6168
8
Office:
Rent:
The CRA is proposing to continue to lease in the existing space for
the 2004-2005 budget year.
Year 1 Rent $1,600.00 x 12:
$ 19,200
Total Rent $ 19,200
Future Projections - 2005 to 2009
The CRA is proposing leasing or purchasing offices in the 2005-
2006 fiscal year with 3,000 / $24 a sq. ft. of office space year rent.
Year 1 Rent $6,000.00 x 12 =
Year 1 CAM $ 250.00 x 12 =
No increase years 3 through 5
$ 72,000
$ 3,000
$ 75,000
Maintenance and Cleaning:
The category of Maintenance and Cleaning will include cleaning of
the CRA offices, repair and maintenance of the equipment and
offices. The maintenance and cleaning was calculated at:
Cleaning of offices
$165 per month x 12
Repair on Equipment
Printer $400 per quarter
Equipment per year
Repair on Office Space
,980
,600
250
270
Total Maintenance & Cleaning:
$ 4,100
Office Leasehold Improvements:
In the anticipation of the proposed move of the CRA offices in
2005 -2006, Staff is anticipating a minimal cost, which may be
needed for the existing offices to meet the needs of the CRA.
Total Office Leasehold Improvements:
75O
6169
9
Office Moving Expenses:
Staff is proposing to
calculating $2,000 for
$7,500 to move the IT equipment.
Total Office Moving Expenses 2004/2005:
Total Office Moving Expenses 2005/2006:
Phone:
Cell phones $111.00 x 12=
T-1 line $241.50 x 12=
Phones $355.84 x 12 =
Total Phone:
5% increase years 2 through 5
Electric:
Year 1 Electric $180.00 x 12
Total Electric:
Total Office:
Equipment Leases:
move the office in 2005-2006. Staff is
moving services for the CRA office and
$ 0
$ 9,500
1,332
2,898
4,270
$ 8,500
$ 2,160
$ 2..160
$ 34,710
The CRA is now leasing the copier and the postage machine. The contract
on the copier is a three-year contract and the postage machine is a year-
to-year contract.
Copier $343 per month - three year lease ends 10/05 $ 4,117
Postage $31.95 per month - one year lease $ 383
Total Equipment Leases:
$ 4,500
6170
10
Insurance:
The CRA's General Liability Insurance coverage provides coverage of all
employees. The property insurance covers the contents within the CRA
office. The CRA also carries a Surety Bond and Professional Insurance for
the CRA and employees.
Property/General Liability
Surety Bond
Professional
$ 2,051
$ 400
$ 4,O49
Total Insurance:
$ 6,500
Insurance is calculated at 10% increase years two-five.
Travel/Entertainment Expenses:
Promotional/Business Meetings:
The CRA attends business meetings with Developers, Community
Groups and Professional Organizations to promote the work of the
CRA and the betterment of the City of Boynton Beach.
Total Promotional/Business Meetings:
$ 4,500
CRA Meeting/Events:
Staff is projecting several CRA Board Workshops and Events
throughout the 2004-2005 year that we will produce or host. These
events include the CRA/City Commission meetings, large project
workshops for multiple developers and CRA Board purchase of a
table for an event.
Total CRA Meetings/Events:
$ 2,150
Association Meetings & Seminars:
It is proposed that the CRA attend the Annual Florida
Redevelopment Association Conference scheduled October 2005
in St. Petersburg, Florida. Staff and Board Members will attend the
conference in order to increase and update their knowledge of
redevelopment and emerging issues and trends in Florida.
The Florida Government Financial Officers Association (FGFOA)
School of Accountancy which is held in Ponte Vedra Beach 2004
in Fort Lauderdale, a.~d the Annual Meeting held in Hollywood,
Florida Ma~/2005, will be attended by the Controller in order to
6171
11
increase and update her knowledge on Government Finance in
Florida.
Staff is proposing attending 1 National (1 person attending) and 4
Regional (4 people attending) ULI Conferences and one additional
seminar for educational development.
Annual Conference for Florida Redevelopment Association to
be held in St. Petersburg (8 people with 2 cars driving)
Conference Registration ($275)
3 Meals per day ($41)
Mileage (400 x $.31 x 3 cars)
Hotel ($149 x 8 rooms x 3 days)
Total
$ 2,200
$ 328
$ 372
$ 3,576
$ 6,476
1-Urban Land Institute National (1 person)
Conference Registration ($470)
Hotel ($150 x 3 days)
Meals ($41 x 3 days)
Air Fare ($600 x 1)
Miscellaneous
Total
$ 47O
$ 45o
$ 123
$ 6oo
$ 602
$ 2,245
4-Urban Land Institute Regional (4 people)
Conference Registration ($190)
Mileage ($150 x $.31 x 2 cars)
Meals ($41 x 4 people x 4 days)
Total
$
$
$
$
76O
86
656
1,502
FGFOA - Annual Conference (1 person)
Registration
Meals ($41 x 5)
Miles (100 x $.31 x 5 days)
Total
$ 260
$ 185
$ 155
$ 6O0
Staff is allotting $399.00 for Association meetings, which would be
Chamber of Commerce luncheons and FGFOA luncheons.
Total Association Meetings & Seminars:
$ 11,222
6172
12
Mileage & Delivery Services:
Mileage & delivery services include Federal Express, UPS and the
US Post Office for package to and from the CRA. The average for
the first six months was $90 per month. The CRA will be obtaining
information on several delivery services for package of the CRA in
order to obtain the best price.
Total Mileage & Delivery Services: $ 1,080
Car Allowance Director:
The Director is allotted a car allowance of $3,708 per year. We are
factoring in a 3% increase for inflation.
Total Car Allowance Director: $ 3..708
Total Travel/Entertainment Expenses: $ 22,660
Office Equipment & Supplies
Office Expenses:
The CRA Board supplies, office drinks, paper products and
cleaning supplies are accounted for under Office Expense. The
average office expense is $120 per month for 2003-2004.
Total Office Expenses: $ 1,500
Office Supplies:
The CRA office supplies are pens, paper, disk, ink and general
office products. The average office supplies is $825 per month for
2003-2004.
Total Office Supplies: $ 9,500
Office Equipment/Furniture:
The CRA will need a computer, an additional accounting software
license and desk setup for the Bookkeeper. Additionally, Staff is
recommending the purchase of a new printer to print checks and
laptop computer, which will be used when Staff is traveling for CRA
business or training.
Computer-CPU, Monitor & Key Board
Accounting Software License
Office Furniture & Upgrade
6173
13
$ 1,100
$ 1,ooo
$ 2,5O0
Color Laser Printer $ 3,000
Printer-Checks $ 500
Laptop $ 1,900
Total Office Equipment/Furniture:
$ 10.,000
Total Office Equipment/Supplies
$ 21,000
License, Books, Publication:
Licenses, Fees, Permits:
The CRA will incur expenses for licenses, fees or permits which are
not project related.
Total Licenses, Fees, Permits:
$ 1,250
Memberships & Publications:
The CRA also uses several publications in general every day
operations, for grant sources, business incubator ideas and trends
for redevelopment within CRA Areas.
Membership/Subscriptions:
Chamber of Commerce
FRA
ULI
Chronicle of Philanthropy
Palm Beach Post
Sun Sentinel
PB Convention & Visitors Bureau
FGFOA
GFOA
The Florida Business Journal
Downtown Idea Exchange
Downtown Promotion Reporter
HR Specialist
International Downtown Association
225
595
475
7O
133
168
75o
35
170
96
185
185
97
800
Total Membership/Subscriptions:
$ 3,984
Books & Publications:
Reference Books, Information Sources, etc.
$ 1,000
Total Books & Publications:
$ 1 ..000
6174
14
Total Licenses, Books, Publication:
Advertising - Public & Legal Notices:
$ 6,234
During the year, the CRA will need to advertise and place public and legal
notices, which are not project related, for the general needs such as
workshops, ordinances, etc. $1,500 has been proposed for 2004-2005.
Total Advertising $ 1,500
Career Development:
The CRA is proposing $3,000 for career development of the CRA Staff.
FRA - CRA Certification Program (3 people x 3 classes)
Registration ($85)
Meals ($41 x 3 people x 3 classes)
Mileage (80 x $.31 x 3 days)
Total
FGFOA - School of Government Accounting (1 person)
Registration
Meals ($41 x 5)
Miles (100 X $.31 x 5 days)
Total
Reserve To Be Determined
Total Career Development:
Office Printing:
Office Printing Expense:
$ 765
$ 369
$ 74
$ 1,208
$ 190
$ 205
$ 155
$ 550
$ 1,242
$ 3,000
CRA Office Printing includes envelopes, letterhead, business cards,
printing for reproductions of maps, prints, large scale scanning,
pictures of larger sizes or JPEGS format for the project books and
CRA projects for a total of $2,500.
Total Office Printing Expense:
$ 2,500
Newsletter - Quarterly:
Staff is proposing a quarterly newsletter, which will be produced by
third party with printing and distribution in-house.
Printing In-kind Sponsorship
6175
15
Layout
Mailing
Labeling
Miscellaneous - $625 per quarter
Total Newsletter:
Printing- Annual Reports, Brochures:
In-kind Sponsorship
In-kind Sponsorship
In-kind Sponsorship
$ 2,500
$ 2,500
Staff is proposing the development of a set of brochures explaining
CRA services, information on the redevelopment within the CRA
area and an annual report for the public. These publications will be
developed and printed by an outside source for a total of $15,000.
Total Printing: $ 15,000
Total Office Printing: $ 20,000
Debt Service:
Loan Payment:
The CRA has a loan with Bank of America. The starting balance as of
October 1,2004 is $2,616,351.08 at a 6.56% interest rate.
$ 317,298
Total Loan Payment:
2004-2005 Bond Principal and Interest:
The CRA is proposing to issuance of 20-year bonds for CRA Projects and
Programs.
2004-2005 Bond Principal and Interest:
Total Debt Service:
$ 429,308
$ 746.6O6
TOTAL OPERATING EXPENSES:
$1,704,440
6176
16
PROGRAMS
Website Maintenance and Expansion:
The CRA started the website in 2002-2003 with the basic designs and
some features. The website was completely developed in 2003-2004. The
CRA is proposing to expand our website to include graphics on projects
and links to project sites, links to the City of Boynton Beach and other
advanced features in 2004-2005. Staff has budgeted a cost of $15,000 to
maintain the site.
Total Website Maintenance and Expansion:
$ 15,000
Police:
Staff initialed a pilot program, the CRA police program, which was on
contact for the fiscal year 2003-2004. Future year's contracts are not
automatically approved or extended.
Heart of Boynton:
The CRA and Boynton Beach Police Department entered into a
pilot program for special police within the "Heart of Boynton" and
the "Central Business District" boundaries.
Zone three is that area within the CRA bounded by the C-16 canal
on the north, Boynton Beach Blvd. on the south, 1-95 on the west
and the Intercoastal Waterway on the east. This is an area that for
many years experienced a high volume of police activity and calls
for service. The CRA Board will receive a full report from the
Boynton Beach Police Department on the progress of the CRA
Special Police. The budget for two officers and related costs is
$175,000.
Central Business District:
Due to the influx of visitors as well as the new construction within
the downtown and Marina redevelopment area, the CRA Board
approved a contract between the CRA and the City of Boynton
Beach for special police. The CRA Board will receive a full report
from the Boynton Beach Police Department on the progress of the
CRA Special Police. The budget for two officers and related costs is
$175,000.
Note that the first expenditures for the program in 2003/2004 had a
large share-of the funding for equipment. 2004/2005 can see
6177
17
additional officer time or number for the same funding amount due
to a lesser amount of funding being expanded for equipment.
Total Police Program:
$ 350,000
Transportation/Trolley:
Staff is proposing this as a pilot program, which is on contract and can be
modified and / or cancelled at any given time. Future years' contracts are
not automatically approved or extended. The CRA is proposing a trolley
system to help move people around the Central Business District to avoid
the congestion within high-density areas and to transport workers from the
Heart of Boynton to jobs located on Congress Avenue as well as other
areas of Boynton Beach. We are proposing to contract for services of
system operation.
The proposed shuttles, of which there are three trolleys for two routes, will
provide transportation 5 days a week with traditional quality vehicles, a
high caliber staff and a strong management team. Staff is proposing two
routes; the Ocean Avenue Trolley and the Congress Avenue Trolley.
The Ocean Avenue Trolley is a local circulator which will transport people
to parking areas at City Hall and the Civic Center, thereby relieving traffic
congestion and parking issues. The Trolley route is proposed as a 15
minute loop from the Marina to the Civic Center and City Hall and back.
The trolley would run Thursday through Sunday. All vehicles are the
correct passenger size to move substantial number of passengers but is
nimble enough to maneuver around downtown. The contractor will be
required to be fully licensed and insured.
The Congress Avenue Trolley is a local circulator which will transport
workers from the Heart of Boynton and downtown Boynton Beach to Tri-
Rail and employers located on Congress Avenue. The Trolley route
proposed would circulate through the Heart of Boynton up to Gateway
past Village Royale on the Green and Village Royale over to the Tri-Rail
Station and on to the Boynton Beach Mall and businesses on Congress
Avenue. These vehicles are enclosed versus open style of trolley used in
the Ocean Avenue Trolley. The trolley will be able to move a substantial
number of passengers but will be nimble enough to maneuver around
downtown. The Contractor will be required to be fully licensed and
insured.
The proposed trolley budget for 2004-2005 is $471,966, which includes
$170,131 CRA contribution, $120,000 Metropolitan Planning
Organization (MPO) Grants, and $181,835 advertising and sponsorships.
Staff has applied for a three year grant of $120,000 per year for three
trolleys with the MPO, which will meet on July 28, 2004 to approve the
6178
18
grant recipients and award contracts. Staff will also bring forward an
advertising and sponsorship plan to help with trolley funding.
Exact scheduling will be developed with the area businesses and parking
needs assessment.
"Congress Avenue Trolley"
Expenses
Variable Cost 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 Total
Driver $ 72,800 $ 72,800 $ 72,800 $ 72,800 $ 72,800 $ 364,000
Cleaning $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 5,000
Fuel $ 23,400 $ 23,400 $ 23,400 $ 23,400 $ 23,400 $ 117,000
Maintenance $ 25,935 $ 25,935 $ 25,932 $ 25,932 $ 25,932 $ 129,666
Total Variable Cost
Fixed Cost
Signs
Shelters & Benches
Trolley
Insurance
Storage
Administration
Management
$ 123,135 $ 123,135 $ 123,132 $ 123,132 $ 123,132
$ 5,0O0 $ 1,000 $ 1,000 $ 1,000 $ 1,000
$ 0 $ 0 $ 0 $ 0 $ 5,00O
$ 96,000 $ 96,000 $ 96,000 $ 96,000 $ 96,000
$ 21,600 $ 21,600 $ 21,600 $ 21,600 $ 21,600
$ 3,600 $ 3,600 $ 3,600 $ 3,600 $ 3,600
$ 500 $ 500 $ 500 $ 500 $ 500
$ 72,000 $ 72,000 $ 72,000 $ 72,000 $ 72,000
$ 615,666
$ 9,000
$ 5,000
$ 480,000
$ 108,000
$ 18,000
$ 2,500
$ 360,000
Total Fixed Cost $ 193,700 $ 193,700 $ 193,700 $ 193,700 $ 193,700 $ 968,500
Total Cost Congress $ 316,835 $ 316,835 $ 316,832 $ 316,832 $ 316,832 $ 1,584,166
"Ocean Avenue Trolley"
Expenses
Variable Cost 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 Total
Driver $ 38,223 $ 40,131 $ 42,151 $ 44,253 $ 46,465 $ 211,223
Cleaning $ 3,380 $ 4,096 $ 3,380 $ 3,380 $ 3,380 $ 17,616
Fuel $ 12,285 ' $ 12,285 $ 12,984 $ 12,285 $ 12,285 $ 62;124
Maintenance $ 3,443 $ 3,413 $ 3,413 $ 4,010 $ 3,798 $ 18,077
Total Variable Cost
Fixed Cost
Signs
Shelter & Benches
Trolley
Insurance
Storage
Management
$ 57,331 $ 59,925 $ 61,928 $ 63,928 $ 65,928 $ 309,040
$ 5,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 9,000
$ $ $ $ $ 5,000 $ 5,000
$ 47,775 $ 47,059 $ 47,775 $ 47,775 $ 47,775 $ 238,875
$ 10,800 $ 10,800 $ 10,800 $ 10,800 $ 10,800 $ 54,000
$ 3,000 $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ 15,000
$ 31,225 $ 28,665 $ 28,665 $ 28,665 $ 28,665 $ 145,919
Total Fixed Cost $ 97,800 $ 89,524 $ 91,240
Total Cost Ocean $ 155.131 $ 149:449 $ 153:168
System Total
471.966
91,240 $ 96,240
155;168 ~
470.000 $ 472.000 $ 479:000
$ 467,794
$ 776:834
Total Trolley Programs:
$ 471,966
6179
Festivals & Events:
The CRA is proposing three events, which include Winter Carnival,
Heritage Festival and a monthly Movie Event. The CRA will seek new
partnerships with the local business non-profits associations and arts
community, while retaining the old partnership with the Chamber of
Commerce, BODA and the City of Boynton Beach, in order to build
successful self-sufficient events.
While past events continue to grow, the single most effective element to
significantly expand event potential is to enrich the quality of the
entertainment. Staff is committed to the development of sponsorship
relationships for additional funding for national performance acts for
Heritage Festival and Winter Carnival. Additionally, the quality of
entertainment has been proven to be a direct driving force to the number
of people who attend events. An increase in funding for better
entertainment will increase the attendance which will result in a stronger
possibility for a revenue stream. That revenue stream could be a small
gate fee, which will assist in attaining the ultimate goal of the CRA which is
to assist our partners to develop financially independent events. Finally,
staff is proposing additional funding, which will be used towards the goal
of improving the quality of entertainment for the events. The current
budget per event has been $7,500. Staff is recommending $12,000 x 3 --
$36,000 for three events.
Heritage Fest continued CRA support will result in bringing people
to the redevelopment area, and improving and managing
perception of the area. As with all events within the CRA
boundaries, they strive to attract economic re-investment. In order
to achieve this goal, events are placed in the head of the CRA
activity area, for example, the MLK area. One of many by products
is the involvement of the young people in the neighborhood. The
CRA funding and staff support was instrumental in achieving a
recent milestone. Continued CRA support will be necessary for the
event to continue to make positive strides. Support in the Heart of
Boynton will assist in rebuilding the reputation of the area and shed
a more positive light. Continuous events in the area will not only aid
in economically rebuilding the area but help to put in perspective
the perceptions about the area.
HeritageFest 2005 Caribbean Night
Entertainment $ 8,000
(Jamaican, Haitian, Spanish, Trinidad and Tobago)
DJ/MC $ 3OO
Hospitality VIP Tent $ 850
Airline Tickets $ 750
Light & Sound $ 850
6180
20
Port-O-Lets $ 250
Limousine $ 500
Total $ 12,000
The Boynton Beach Multi-Cultural Winter Carnival in past years
has been a partnership between the CRA and Boynton Ocean
District Association. This holiday themed carnival celebrates the
diversity in culture that exists in Boynton Beach and the
neighboring cities. The elements of the event, specifically the
International Market Place, Talent Show Case and the Snow
Volleyball Tournament, have been designed to appeal to families
who celebrate Kwanzaa, Christmas and Hanukkah and increase
attendance by attracting families and friends to support the
competitors. Goals of the CRA are: retention of people downtown,
business development and potential fundraising. Improvements
for 2005 are to place significant emphasis on attaining national
entertainment, reduce disconnect between the carnival rides and
the rest of the event site and increase revenues corporate
sponsorship and increase attendance and vendor participation.
Boynton Beach Multi-Cultural Winter Carnival
Kwanzaa / Hanukkah Booths $ 200
Ice Skating Rink $ 924
Snow Ice Machine $ 620
Kids Zone $ 875
Radio $ 900
MC $ 250
Production Sound $ 1,350
Port-O-lets $ 349
Photography $ 74
Trophies $ 86
Art Supplies $ 40
Entertainment $ 5, 000
T-Shirts $ 232
Refreshments for the Bands $ 100
Community Family Program $ 1,000
Total $ 12,000
"Movies on the Avenue" is proposed to be a monthly event. The
event would take place the second Friday of each month on the
five hundred block of Ocean Avenue. Bob Katz, the owner of the
lot located at 502 East Ocean Avenue, has not only granted the use
of the property for the endeavor but will be addressing some
elements that will make the site more conducive to the proposed
use. Those elements include painting the western external wall of
the building on 506 east ocean avenue for the projection of the
6181
movies and grading of the adjoining lot and finishing with mulch.
The event will be free to the public. However paid elements will
include: Chair rental, food and beverages (to be provided by
vendors). The event will adopt a 50's /60's theme and invited
participants will include local car and bike clubs. Movies will be
thematic"Beach Blanket," "Elvis," "Greece," "Rebel without a
Cause," etc. "Movies on the Avenue" is proposed to be a
partnership among the City, the CRA and Bob Katz Properties and
each partner will provide specific elements. The event was
designed as replacements for the annual event know as "Wheels
Weekend". For a variety of reasons the Chamber of Commerce has
terminated their annual car show typically held on day two of the
weekend's activities. Consequently, Saturday's events had to be
redesigned. It was determined that keeping the theme would be
advantageous because the "Wheels Weekend" event had
developed a significant following which we hope will continue to
support the new event. The proposed plan calls for seven smaller
events on a monthly basis. The goal of the event is to increase
economic impact in the downtown on a more consistent basis and
give residents and visitors more opportunities to visit and
patronize the businesses in the downtown area.
When:
Location:
2nd Friday of Each Month (October,
November, December, January,
February, March, April)
502 E Ocean Ave.
Proposed Start Date: October, 2004
Movie Equipment:
Contacted Southern Audio Visual
License:
Contacted Criterion Pictures USA and
Swank Motion Pictures, Inc.
Proposed Monthly Budget:
LCD Projector, Sound System, Engineer
Movies/Licensing
3 Port-O-Let
Entertainment/Music/Band
Promotions/Mailings
City Generator/Staff ($32.50 per hour)
Total
Annual (Required sponsorship required)
$ 1,165
$ 35o
$ 225
$ 5oo
$ lOO
$. 2oo
2,540
17,780
6182
Alternate Proposed Budget
LCD Projector donated or sponsored
Sound System, Engineer $ 265
Movies/Licensing $ 350
3 Port-O-Let $ 225
Entertainment/Music/Band $ 500
Promotions/Mailings $ 100
City Generator/Staff ($32.50 per hour) $ 200
Total $ 1,360
Annual $ 9,520
Potential Revenue Sources: Vendors, chair rental, corporate
sponsorship
Partners Contributions:
CRA:
City:
Promotions, Movies, Licensing, Technical Support,
Equipment, Port O Lets, and Police Officers
Barricades, Caution Cones, Proportional
Opportunities, Trash Receptacles, Generator/staff
Bob Katz Properties: Site
Current Competing Events:
Lake Worth 1st and 3rd Fridays Customs: Hot Rods, Abacoa 1st
Saturday, Delray Old School Square Movie night flicks 10/29,
11/26,12/17 1/28 2/25, 3/25 4/29
Ocean Front Concert Series: 3rd Friday of each month
Festivals/Events (3@ $12,000)
$ 36,000
State-of-the-CRA & Recognition Event - Attendance Projected
200
Staff is proposing the creation of an annual event "State-of-the-
CRA" & Recognition Program for the 2004-2005 budget year. This
program would update the public on the development, programs
and projects of the CRA as well as recognition for a job well done in
the following categories; Facade Improvement Project, Best New
Project, Business of the Year, Sponsor of the Year, Non-Profit
group of the Year, Volunteer of the Year, Board Member Service
Award.
6183
23
Revenue
Ticket sales (150 @ $45)
Total Revenue
$ 6,750
Expenses
Entertainment
Speaker
Catering ($25.00 per person)
Promotions, invitations, etc
Award Plaques (9 @ $50)
Mailings
Total Expenses
Total "State of the CRA"(Net)
5OO
2,150
5,000
500
1,350
lOO
9~600
2,850
Festival/Event Support Programs
Festival Administration and Event Manuals
After each event, an event manual is produced. The
manuals are road maps that detail the logistics of each event
along with sample documents and tools used in the design
and implementation phases. The manuals are made
available to anyone interested in viewing the information.
These manuals serve a dual purpose: first, as a road map
for the event, they enable planning for future years to be less
difficult and cumbersome and second, they can be used by
other organizations as a guide for designing successful
events.
Folders (6 @ $5.00)
Tabs (6 @ $7.00)
Miscellaneous
Total
$ 30
$ 42
$ 1,428
$ 1,500
Sponsorship Development Program
The Sponsorship Development Program is proposed to be a
systemic approach to increasing sponsorship participation or
the budgeted CRA events. Currently, our sponsors are
committing to events on a per event basis. The program will
bundle all of the events and aim to get multiple year
commitments. The program will be implemented in the
following phases: Creation of a marketing piece targeted to
getting new corporate sponsors, contact existing sponsors
and attempt to increase their level of participation and
recognition for participation at the Annual "State-of the
CRA"/Recognition Event.
6184
24
Promotions (Brochures Paper 5 packs)
Mailings (5 mailings of 50 @.37)
Miscellaneous
Total
$ 35
$ 93
$ 372
$ 500
Volunteer Development Program
Boynton Beach is a city that is currently in an infancy stage
as it relates to events. While historically there have been
events, they have been sporadic and their growth has been
impeded by many economical and social factors. As a
result, a base of volunteers has not been established and
more significantly not maintained. The existing groups of
volunteers are dedicated however; they are weary because
of the quantity of time they donate and the small size of the
group.
The Volunteer Development Program is proposed as a
conscious choice to develop, maintain and educate a select
group of citizens to become volunteers. The program will
have three phases: Identification of current sources for
volunteers, design and implementation of a marketing plan
and design and implementation of an interaction schedule.
The program will focus on creating a group large enough in
size to manage the current budgeted events and festivals
identified in the CRA's Events Strategic Plan. The program
will focus on continuous communication with citizens before,
during and after each event. In addition, the program will
create vehicles for the volunteers to provide feedback and
suggestions to event organizers. Contributions will be
recognized at each event wrap-up but also at the Annual
"State-of-the-CRA"/Recognition Event.
Promotions Brochures (Paper 5 packs) $ 35
Mailings (5 mailings of 50 @ .37) $ 186
Wrap-up Events (5 events @ $200) $ 1,029
Total $ 1,250
Total Festival/Event Support Programs
$ 3..250
Total Festivals/Events:
$ 42,100
Business Programs:
The Business Genesis Program was approved on March 9,
activities and funding for 2004/2005 will be for Phases III
Development Fair.
6185
2004. Program
and V plus a
Business Genesis Program Budget:
Development Fair
Phase II
Phase III Misc. expenses
Phase IV (14 Monthly Meetings $150)
Phase V (Miscellaneous expenses)
Graduation Event
Office Expenses, Miscellaneous, Postage
1,25O
300
200
2,100
5oo
1,500
1,000
Total Business Programs
$ 6,850
Holiday & Events Street Decor:
The CRA has several banner areas on main streets in the CRA area. Staff is
recommending $10,000 for Holiday Decorations in cooperation with the City of
Boynton Beach and $5,000 for event banners.
Total Holiday & Events Street Decor:
$ 15,000
Marketing/Promotions:
Public Relations
Photo Display Boards (2 per event)
Appreciation Certificates (20 per event)
Promotions (Paper 5 packs)
Mailings (5 mailings of 50 @.37)
Holiday Mailings (post cards)
Promotional Materials
Framing (5 @ $45)
Total
Neighborhood Groups and Associations
300
95
35
95
6O
1,ooo
225
1,825
(BODA, Chamber, City Events/Activities Expand Public Access to CRA
Meetings, Info and Resources)
Mailings (5 mailings of 135 @ $.37) $ 250
Total $ 250
Total Marketing/Promotions:
$ 2,075
CRA Grant Program
Commercial Fagade Grants:
The CRA's $56,628 for the Facade Matching Grant program has
encouraged $169,775 in Private Sector investment in 2003-2004.
The enhancement of existing commercial buildings ensures a
complete unified look in the City of Boynton Beach. In 2002-03, we
had three grant recipients and in 2003-04, we almost doubled that
6186
to five recipients. Staff is projecting a 60% increase in 2004-05 for a
total of six recipients @ $15,000 each for a total of $90,000 and
$10,000 for the Community Youth Grant program, which is new.
New Grants $ 100,000
Roll Over Grants $ 75:000
Total Commercial Facade Grants
$ 175,000
Single Family Owner Occupied Residential Facade Improvements
Grant:
The "Single Family Owner Occupied Residential Fa(;ade
Improvements Grant Program" provides a reimbursable matching
grant up to $15,000 to encourage Residential Property Owners to
upgrade heir properties by improving the external appearance of
their homes. 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 grant can be used for such elements as Facade
Reconstruction and/or Architectural Improvement; Painting,
Shutters, Awning/canopies, DoorsRVindows, Landscaping around
the Home, Irrigation, Exterior Lighting, and Exterior Wall Repairs.
Each applicant must be the owner and reside in the property.
Total Single Family Owner Occupied Residential Fagade
Improvement Grant: $ 100,000
Economic Business Grant Match:
The CRA has assumed the County's Development Regions Grant
Program for the Boynton Beach CRA Area. This is a matching grant
program for business development and job creation in conjunction
with the Palm Beach County Economic Development Department.
Generally, the match is 1/3 Applicant, 1/3 CRA and 1/3 County. The
CRA has set aside funding in the Economic Business Grant Match.
In 2002/2003, we had two recipients. The CRA has continued this
program in 2003/04 to help local businesses compete in the
changing redevelopment environment. Delr. ay Boynton Academy
received a grant for $50,000, which was matched by the County
and added $805,502 into the economy with 10 new jobs created.
Based. upon one recipient from 2003/04, Staff is forecasting two
recipients fo.r the 2004/05 year with a-grant for $100,000.
6137
27
New G rants
Roll Over Grants
00,000
85.000
Total Economic Business Grants
$ 185,000
Existing Owner Assembly & Redevelopment Incentive Grant:
The "Existing Owner Assembly & Redevelopment Incentive Grant
Program" provides a reimbursable matching grant up to $15,000 to
encourage the self-assembly of adjacent properties for
redevelopment. Thegrant program will be available to owners who
plan to cooperatively assemble properties for redevelop within 12
months of completion of the grant activity work. The aggregate area
of commitmentwill be a minimum of 1.5 acres assembled for
projects up to the MU-L zoning and 2.0 acres for projects proposed
as MU-H zoning. The minimum number of different grants
applicants (properties) will be three.
This grant can be used for survey, initial site planning, appraisals,
legal and/or feasibility studies and other similar services for the
assembled property areas.
All participating property owners are sub applicants to the grant.
Each sub-applicant must be listed in the grant application with the
estimated costs for each of the requested activities. All costs
associated as being part of an overall master assembly will be
identified.
Total Existing Owner Assembly & Redevelopment
Incentive Grant:
$ 90,000
Total CRA Grant Programs
$ 550,000
Direct Incentives:
The Direct Incentive Program is the CRA's primary development incentive
program that is in support of the best of the best projects.
Direct Incentives are generally paid after the project has appeared on the
tax assessor's tax rolls. The budget line item projection reflects the
maximum potential incentive per project; therefore, incentive cost may be
less if scoring does not meet full impacts.
Total Direct Incentives:
$ 0
6188
28
Direct Incentives Loan (Arches):
The Direct Incentive Loan program is a request for upfront loading on the
Direct Incentive request. This one time loan received approval by the CRA
Board in November 2003.
Total Direct Incentives Loan (Arches):
$ 0
TOTAL PROGRAM:
$1,452,991
· : 6!89
29
PROJECTS
CRA Office:
Staff is recommending a down payment of $300,000 for the purchase of a
building or land.
Total CRA Offices:
$ 300,000
BBB/Riverwalk/Promenade Project:
Construction started in 2004 on the construction of the Boynton Beach
Blvd Extension, Promenade/Riverwalk Design Build Project. Burkhardt
Construction has presented the cost of $19,345,207 and completion date
of April 2007 for the completion of the project. Staff has broken the cost of
each phase into fiscal years and the costs for 2004-2005 are as follows:
Boynton Beach Blvd. Extension
Riverwalk
Promenade
$ 2,552,872
$ 225,383
$ 1,133,976
Total Cost for 2004-2005 years:
$ 3,912,231
Staff has broken the project into cost per each phase of the project as
follows:
Boynton Beach Blvd. Extension
Riverwalk
Promenade
$ 7,187,580
$ 6,426,472
$ 3,404,791
Total BBB/Riverwalk/Promenade Project
$17,018,843
BBB Land Payment:
The CRA is projected to contribute an additional $1,000,000 for the Hall
Property.
Total BBB Land Payment:
$ 1,000,000
HOB Commercial Land Acquisition:
The CRA will assemble projects in Phase I for redevelopment in the Heart
of Boynton area.
Total HOB Commercial Land Acquisition:
$ 2,000,000
6190
30
Way-Finding Signage:
The first round of signs for the local Business Districts, City Attractions
and Facilities, Public Parking and Transportation linkage points was
completed in 2003-2004. Proposed is a second round of signs in our Way-
Finding Sign program.
Total Way-Finding Signage:
Marina Parking Garage:
$ 50,000
The CRA Board approved the proposed garage to provide 70 spaces for
both general public in the Marina District. The project will be completed in
2005-2006.
Total Marina Parking Garage:
Town Square Project Development:
$ 75O,0OO
The funding is in partnership with the City of Boynton Beach to implement
a Town Square development Program.
Total Town Square Project development:
$ 50,000
Savage Creatures Museum:
This funding is to begin the next step towards potential establishment of
the Savage Creature Museum concept in Boynton.
Total Savage Creatures Museum:
$ 175,000
Miscellaneous Projects:
This category shall be for any special projects that may occur, which
need to be completed by the CRA.
Total Miscellaneous Projects: $ 45,000
NOTE: Savage Creatures, Old High School Renovation and Town Square
may emerge as requiring CRA Fund Underwriting as seed or grant
matching funding. These opportunities would be addressed as they occur
on a case by case basis. Several options and sources for funding would be
available for CRA participation, if approved bythe Board.
TOTAL PROJECTS:
6191
31
$8,282,231
City of Boynton Beach
Community Redevelopment Agency
Forecast for Expenditures Ending
September 30, 2004
Please find attached the projected final budget of the CRA Budget for September
30, 2004.
The following notes highlight all major items within the budget in an attempt to
provide insight as to our projected expenses and income through the end of
September in order to finish out the 2003-2004 year. All budgeted items may be
considered individually or as a group for discussion. Please review and give
direction to staff.
REVENUE:
TIF Funds:
TIF Funds received:
Total TIF Funds:
Interest Income:
$2.517.635
$2,517,635
Staff is projecting $6,600.00 per month in interest based on the average of
the first seven months at a declining rate.
Interest Income to be received: $ 4,994
Total Interest Income: $ 48,010
TOTAL REVENUE: $2,566,360
6192
29
EXPENSES:
Personnel: This budget category includes four positions, Executive
Director, Administrative Assistant, Controller, and Secretary. Salary and
benefits will total $251,000 for 03-04, which is within the $253,602 budget.
Personnel Cost spent to date:
Personal Cost to be spent
Total Personnel:
Professional Services: The following services
contracted for the remainder of the 2003-2004 Budget Year:
Legal spent to date:
Legal to be spent:
Total Legal
$ 162,061
$ 92,145
$ 254,206
and studies have been
City Staff spent to date:
City Staff to be spent:
Total City Staff
43,15O
33,592
76,742
Contracted Services spent to date: $
Contracted Services to be spent: $
Total Contracted Service $
$ 2,907
$ 3,093
$ 6,000
175,856
164,361
340,217
Contract Current Billed to Date Expected to Rolled onto Rolled onto Rolled onto
Contract Bill 03-04 04-05 & New 05-06 & New 06-07 & New
Projects Projects Projects
Guidelines $ 75,000 $ 37,500 $ 10,000 $ 27,500 $ 0 $ 0
BBB Phase l $ 36,000 $ 32,400 $ 3,600 $ 0 $ 0 $ 0
BBB Phase II $ 25,000 $ 7,000 $ 18,000 $ 0 $ 0 $ 0
Master Plan $150,000 $ 9,000 $ 16,000 $125,000 $ 0 $ 0
Expenses $ 8,686 $ 5,000 $ 5,000 $ 0 $ 0
Angel Pension Group $ 750 $ 563 $ 187 $ 0 $ 0 $ 0
'I'CEA $104,000 $ 63,200 $ 40,800 $ 0 $ 0 $ 0
Jonathan Ricketts $ 294,840 $ 17,507 $ 60,774 $ 52,255 $ 83,394 $ 80,909
RBC Dain $ 20,000 $ 0 $ 10,000 $ 10,000 $ 0 $ 0
Total $ 705,590 $175,856 $164,361 $ 219,755 $83,394 $ 80,909
6193
3O
Total
Audit spent to date:
Audit Services to be spent:
Audit Total
IT Support spent to date:
IT Support move to new office
IT Support to be spent:
IT Support Total
$ 5,975
$ 1,525
$ 7,5oo
$ 10,455
$ 1,5o0
$ 2,905
$ 14;860
Professional Services 2004/2005: $ 445,319
Contracted Services rolled in 2004/2005 $ 219,755
Office Lease/Utilities: The CRA is now leasing offices from Gene Moore
with the office, conference area, and workspace within the same room.
Rent spent to date: $ 9,301
Rent to be spent: $ 4,811
Total Rent $ 14,112
Maint. & Cleaning spent to date:
Maint. & Cleaning to be spent:
Total Maint. & Cleaning
$ 2,526
$ 824
$ 3,350
Office Leasehold Services spent to date:$
Office Leasehold Services to be spent: $
Total Office Leasehold Service $
0
1,5OO
1,500
Phone spent to date:
Phone to be spent:
Total Phone:
$
$
$
3,839
3,961
7,800
Office Moving spent to date:
Office Moving to be spent
Total Office Moving
$
$
$
0
2,250
2,250
Electric spent to date:
Electric to be spent:
Total Electric
$
$
$
1,382
493
1,875
Total Office Lease/Utilities 2004/2005:
$ 30,887
6194
31
Equipment Leases: The CRA is leasing the copier and a postage
machine. The contract on the copier is a three-year contract and the
postage machine is a year-to-year contract.
Equipment Lease spent to date:
Equipment Lease to be spent:
$ 2,559
$ 1,797
Total Equipment Lease:
$ 4,356
Insurance: All insurance have been spent to date for the 2003-2004
budget year.
Property/general spent to date:
Bond spent to date:
Professional spent to date:
$ 1,438
$ 373
$ 3,900
Total Insurance:
$ 5,711
Travel/Entertainment Expenses: The CRA attends business meetings
with developers, community groups, and professional organizations to
promote the work of the CRA and the betterment of the City of Boynton
Beach. The following amounts have been budgeted 'for the remainder of
the 2003-2004 Budget Year.
Promotional/Business spent to date: $
Promotional/Business to be spent: $
Total Promotional/Business $
2,180
2,620
4,800
CRA Meetings/Events spent to date: $
CRA Meetings/Events to be spent: $
Total CRA Meetings/Events $
1,075
1,925
3,000
Association Meetings spent to date: $
Association Meetings to be spent: $
Total Association Meetings $
4,684
2,555
7,239
Mileage & Delivery spent to date: $
Mileage & Delivery to be spent: $
Total Mileage & Delivery: $
687
393
1,080
Call Allowance spent to date:
Call Allowance to be spent:
Total Call Allowance
6195
32
$ 2,215
$ 1,385
$ 3,.600
Total Travel/Entertainment Expenses: $ 19,719
Office/Equipment Supplies: The following amounts have been budgeted
for the remainder of the 2003-2004 Budget Year.
Office Expense spent to date:
Office Expense to be spent:
Total Office Expense
714
786
$ 1,500
Office Supplies spent to date:
Office Supplies to be spent:
Total Office Supplies:
$ 6,423
$ 2,577
$ 9,000
Office Equipment spent to date:
Office Equipment to be spent:
Total Office Equipment
$ 1,568
$ 5,932
$ 7,500
Total Office/Equipment Supplies:
$ 18,000
Advertising & Public Notices: The CRA has budgeted $3,365.50 for
advertisement and placement public notices, which are not project related.
Advertising & Public spent to date: $ 635
Advertising & Public to be spent: $ 1,365
Total Advertising & Public Notices:
$ 2..000
Licenses, Membership & Subscription, Books & Publication: The
CRA can incur expenses for licenses, fees, or permits which are not
project related. The CRA also uses several publications in general every
day operations, for grant sources, business incubator ideas, and trends for
redevelopment within CRA Areas.
Licenses, Fees, Permits spent to date:
Licenses, Fees, Permits to be spent:
Total Licenses, Fees, Permits
275
975
$ 1,25O
Memberships spent to date:
Memberships to be spent:
Total Memberships:
2,010
1,842
3,852
Books & Publications spent to date:
Books & Publications to be spent:
Total Books & Publications:
333
167
500
6196
33
Total Licenses, Membership & Subscription
Books & Publication: $
5,602
Career Development: The CRA has proposed to spend $1,000 on career
development of the CRA Staff, which benefits the CRA and the general
public.
Career Development spent to date: $
Career Development to be spent: $
1,357
2,.643
Total Career Development:
$ 4,OOO
Office Printing Expense: The CRA produces projects books broken
down into North and South Federal Highway, Boynton Beach BIvd, Heart
of Boynton and the Central Business District.
Office Printing spent to date:
Office Printing to be spent:
Total Office Printing
$ 275
$ 975
$ 4,500
Newsletter spent to date:
Newsletter to be spent:
Total Newsletter:
$ 0
$ o
$ o
Printing Annual Reports spent to date:
Printing Annual Reports to be spent:
Total Printing Annual Reports:
$ 98O
$ 16,520
$ 17,500
Total Office Printing Expense:
$ 22,000
Debt Service: The CRA has a loan with Bank of America and will have a
loan payment due in September, which is budgeted in the 2003-20004
Budget Year.
Debt Service spent to date:
Debt Service to be spent:
$ 150,878
$ 166.420
Total Debt Service:
$ 317,298
TOTAL EXPENSES:
$1,129,598
6197
34
PROGRAMS
Web Site Development:
Web Site spent to date:
Web Site to be spent:
Total Web Site:
Police:
Police spent to date:
Police to be spent:
Total Police:
$ 9,950
$ lO,050
$ 20,000
$ 0
$ 25O,OOO
$ 250,000
Festivals &Events: The CRA is also proposing a business program to
help local business compete in the emerging CRA market with in the
2003-2004 year.
Festivals &,Events spent to date:
Festivals &,Events to be date:
$ 23,144
$ 6.856
Total Festivals &Events:
$ 30,000
Total Business Development:
Business Development spent to date:
Business Development to be spent:
Total Business Development:
Holiday & Events Street Decor:
Holiday & Events Decor spent to date:
Holiday & Events Decor to be spent:
Total Holiday & Events Street Decor:
$ 0
$ 15,ooo
$ 15,000
$ 0
$ 5.000
$ 5,000
6198
35
Fagade
programs dollar for dollar up to $15,000.
Fagade Grants spent to date: $
Fagade Grants to be spent: $
Total Fagade Grants: $
Fagade Grants Roll Over 2004/2005 $
Economic Development Grants: This program
matching grant programs dollar for dollar up to $50,000.
Economic Development Grants to date: $
Economic Development to be spent: $
Total Economic Development Grants: $
Economic Development Grants Roll
Over 2004/2005
TOTAL PROGRAMS
Grants: This program was established as a
matching
18,253
16;747
35,000
75,000
was established
0
$100,000
$ 355,000
grant
as a
6199
36
PROJECTS
BBB/ Riverwalk/Promenade Projects: Construction has begun on the
Boynton Beach
Project.
Extension/Riverwalk/and
Total
BBB Blvd to date:
BBB Blvd to be spent:
BBB Blvd
Total
Promenade to date:
Promenade to be spent:
Promenade:
Total
Riverwalk spent to date:
Riverwalk to be spent:
Riverwalk
Promenade Design/Build
$ 669,767
$1.718.048
$2,387,815
$ 0
$ 113,797
$ 113,797
$ 0
$ 113.797
$ 113,797
HOB Land Acquisition:
HOB Land Acquisition spent to date:
Riverwalk to be spent:
Total HOB Land Acquisition:
7,058
342,942
$ 350:000
Way-Finding Signage: The CRA is completing Phase 2 and Phase 3 of
the Way-Finding Signage Program.
Way-Finding Signage spent to date: $ 43,515
Way-Finding Signage to be spent: $ 16,936
Total Way-Finding Signage:
$ 60:451
Miscellaneous: The CRA has contracted with Reelization, Inc for Mass
Modeling se~ices.
Miscellaneous spentto date:
Miscellaneousto be spent:
Total Miscellaneous:
0
30,000
$ 30~000
6200
37
Savage Creatures Complex: The CRA has contracted with the Baker
Leisure Group for an outside Feasibility Study.
Savage Creatures Complex spent to date: $ 10,162
Savage Creatures Complex: to be spent: $ 44,838
Total Savage Creatures Complex:
$ 55..000
TOTAL PROGRAMS
$3,110,860
6201
38
CAPITAL FUNDING AND CASH MANAGEMENT OPTIONS
PREPARED FOR THE
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
AUGUST 18, 2004
gRB.C
Damn Rauscher
62O6
TABLE OF CONTENTS
SECTION
DESCRIPTION
Capital Funding Options
Summary of Bond Financing Steps
Cash Management Options
Appendix A.
Bond Financing Numbers
6207
gRBC
Dain Rauscher
6205
~ RBC
Dain Rau$cher
As Financial Advisor to the Boynton Beach Community Redevelopment Agency (the "CRA"), RBC Dain
Rauscher (" RBC Dain") was asked to review the capital funding options available to the CRA. Specifically,
we were asked to review the following areas related to developing the CRA' s Capital Plan:
· Short-term and long-term funding options for projects utilizing projected cash available and
potential debt financings
* Debt capacity over the next five years based upon the CRA' s current budget
, Financing alternatives if debt is considered
We have previously submitted preliminary financing options for discussion with the CRA. Based on feedback
provided and updated project amounts, the following are revised alternatives for the CRA's consideration.
DEBT CAPACITY
The CRa, requested that we provide debt capacity calculations for each year in the Budget Projection. Based
on the CRA's projected Tax Increment Revenues, a AAA-rated debt with a back-up City pledge and a 1.35x
debt service coverage requirement and taking into account the CRA's existing loan payment, the CRA's debt
capacity in each year for both 15-year and 20-year fmancings is as follows:
TIFRevenues I$ 2,517,635 $ 3,467,422 $4,475,767. $5,500,285. $ 7,403,167
15-YearDebt Capacity*I $17,315,000 $8,225,000 $8,980,000 $ 9,450,000 $16,615,000
20-Year Debt Capacity* $ 20,740,000 $ 9,080,000 $ 9,830,000 $10,175,000 $18,305,000
*Financing capacity based on prior year's Tax Increment Revenues. Capacity amounts include funding of Costs of Issuance and a
Debt Service Reserve Account. Based on current market rates + 0.50% for Year 1 and current market rates + 1.00% thereafter.
The CRA's debt capacity would be increased by extending the final maturity of the financings to up to 30
years.
· FINANCING SCENARIOS
Based upon the revised Budget Projections provided by the CRA, debt £mancing is required to accomplish
these significant capital projects. Following is the CRA's Budget Projection utilizing cash only, without any
financing mechanisms, which illustrates the need for fmancings. It should be noted that no projects are
currently included in the CRA's Budget Projections beyond FY 2006/2007 and additional projects will
likely be added in the future.
6209
gRBC
Dain Rauscher
..
i i cl.~ ~ ~ cI E .
~ I'E~ ~1~ ~~ ~i oJ
~ i ~-~ ~ '~--~- -%--; ...... m ~-
?.....
6210
To f'mance these projects, RBC Dain reviewed the following potential funding scenarios:
1. Short-term Financing Through Bank Line of Credit
2. 15-Year, AAA-Rated, Insured Debt Financing in FY 2004/2005 (Backup City Pledge) and Line of
Credit in later years
3. 20-Year, AAA Rated, Insured Financing in FY 2004/2005 (Backup City Pledge)
Interest rates are currently near historical lows and it is a widely-held belief that rates will rise over the next
several years. For both the 20-year tax-exempt bond and the 10-year Treasury (2 common benchmarks),
interest rates have only been below current rates approximately 8% of the time over the past 20-25 years.
Furthermore, most of these instances where rates have been below current rates have occurred in the past 1-2
years.
Although the CRA will pay more interest in the 15-Year and 20-Year fmancing scenarios than the Line of
Credit, a long-term f'mancing locks in current historically Iow interest rates and provides future cash flexibility
to the CRA. At the end of the Budget Projection period, the CRA has more cash available in the long-term
£mancing scenarios. The CRA is subject to the risk of rising interest rates in the Line of Credit scenario both
during the Budget Period and thereafter if it needs to borrow in a higher interest rate environment for additional
projects after FY 2006/2007.
Due to the historically low interest rate environment and the likelihood of additional P~ects that will require
funding in later years, RBC Dain recommends that the CRA consider a longer-term £mancing to finance
current projects. A 20 -year financing allows the CRA to lock in historically low cost financing for all of its
projects without bonding all of its 20-year debt capacity. The CRA's 20-year debt capacity is $20,740,000 and
a 20-year financing of $19,575,000 provides sufficient funds to complete the projects in the CRA's budget,
which is 94% of the 20-year debt capacity. The $19,575,000 bond issue includes funding for all costs of
issuance and a cash funded debt service reserve fund which is used to pay the final year's debt service.
Detailed bond numbers are included in Appendix A.
A comparison of each scenario is provided below.
Approximate All- Inclusive
Amount of Annual Debt Financing Cost
Scenario Borrowingm Service (%)
hteres,t. Income andJ!~pense
Additional Fund:Balance
Net Interest Bonding:Capacity Surp!us atEnd:of
Term of Interest Interest IncOme/ in Year 4 ProjeCtionPeriod
Finandng Income{2) Expense (EXpense) (2007/2008)(3) (FY 2010/201!)
1. Line of Credit $ 16,115,000 Varies 5.70% 6Years $ 704,979 $(3,007,889) $ (2,302,910) $ 26,165,000 $ 8,415,682
2. 15-YearDebt 17,315,000 1,861,899 4.56% 15 Years 1,896,613 (5,713,428) (3,816,815)
Line of Credit 2,575,000 Varies 5.94% 1.75 Years (136,769) (136,769)
Total 19,890,000 (5,850,197) (3,953,584) 25,890,000 18,186,093
3. 20-YearDebt 19,575,000 1,538,663 4.93% 20 Years 2,446,516 (9,606,292) (7,159,776) 23,260,000 21,270,481
Notes:
(1) Long-term debt sizing includes the funding of a debt service reserve fi.md at maximum annual debt service, which would be used to pay final year's debt service.
(2) Includes interest income on fund balance, bond proceeds and bond reserves, if any.
(3) Based on a 15-year bond issue. Sizing includes the funding of a debt service reserve fund at maximum annual debt service, which would be used to pay final year's debt
service.
6211
RBC
~ ~ Dain Rauscher
A line of credit results in a lower cost due to its rapid repayment, but it subjects the CRA to the following
risks:
· Risk of rising interest rates (widely expected to occur over the next several years)
· Risk of having to lock in future long-term borrowing in a higher interest rate environment or during a
time of economic decline if 1/rte of credit isn't repaid as projected and can't be extended
· Risk that future long-term borrowing isn't available during a time of economic decline if the line of
credit isn't repaid as projected and can't be extended
If the CRA had to lock in long-term borrowing at a later date and interest rates were near the 20-year average
Revenue Bond Index for long-term debt of over 7.00%, the CRA's net interest cost for 20-year debt would be
$12.8 million, much higher than the current net interest cost for 20 -year debt of approximately $7.2 million.
Typically, the bond rating agencies prefer that a government have no more than 20-30% of their debt in a
variable rate mode. If the CRA were to borrow the full mount in a line of credit for approximately $16
million, 86% of the CRA' s outstanding debt would be in a variable rate mode.
Although a longer-term financing involves more interest cost due to borrowing the money for a longer period
of time, a longer-term fmancing offers the following benefits:
· Allow CRA to pay debt at an affordable annual level over time without the risk of fmancial stress
· Ability to finance additional projects from cash in later years if interest rates are high at that time
· Ability {0'toEk in historically low long-term interest rates
Because a 15~year financing does not provide sufficient proceeds to complete the CRA's projects, we utilized a
Line of Credit in the later years to mitigate quarterly deficits. Because significant repayment occurs after the
CRA's original Budget Projection period through FY 2008/2009, we extended the projections through FYE
2010/2011 to demonstrate how repayment may occur. The CRA's revenues, expenses and programs over this
period were projected in a manner consistent with the CRA's existing projections. However, no projects are
currently included in the CRA's Budget Projections after FY 2006/2007 and no additional projects were added
when we extended the projection period.
At the CRA's request, we analyzed the funding needs based on quarterly project draws provided by the CRA.
The scenarios are depicted orean annual basis in this discussion for ease of comparison and discussed in detail
below.
1. Short-Term Financing Through Bank Line of Credit
At the CRA's request, we analyzed a short-term financing through a bank line of credit to mitigate the cash
flow deficits while minimiz'mg interest costs. This scenario assumes a line of credit with a backup City pledge.
The interest rate on a line of credit is variable, and is typically priced as a percentage over LIBOR, which is the
London Interbank Offered Rate. The interest cost assumptions are based on the following:
· 3.00% in Year 1
· 5.94% in Year 2 and thereafter (20 year average of 30 day LIBOR plus .50%)
Based on our assumptions, the weighted average interest cost is approximately 5.70%. LIBOR, which is the
London Interbank Offered Rate, is used by banks as a benchmark to price variable rate loans. LIBOR is
volatile and a I/ne of credit would subject the CRA to interest rate risk during this time of potentially rising
6212
RBC
Dain Rauscher
interest rates. The CRA would also not have a known annual debt service cost with a line of credit. Following
is a graph of 30 day LIBOR over the past 20 years.
Rate (%)
11
l0
9
8
7
6
5
4.
3.
2-
30~Day LIBOR Index
Historical
Rates Over Past 20 Years (1984- Present)
I -- Historical 30-Day LIBOR Rates ~Average Rate (5.44%)
While utilizing a variable rate, short-term borrowing mechanism minimizes current interest costs, it does not
allow the CRA to take advantage of current market conditions during this time of historically low yields. It
also subjects the CRA to interest rate risk if the CRA adds projects and is required to borrow in a
higher interest rate environment in the future.
The Line of Credit scenario is summarized on the following page.
6213
~.
RBC
Dain Rauscher
6214
.2. 15-Year~ AAA-Rated~ Insured Debt in FY 2004/2005 (Backup City Pledge) and Line of Credit
Due to the current extremely low interest rate environment, many governments are preserving portions of their cash
for future financial flexibility and borrowing at current low yields for capital projects. In addition to current Iow
yields, longer-term financing for capital projects more equitably spreads the cost of improvements with longer
average lives over the future taxpayers who will be enjoying the benefits of such projects.
Locking in today's low yields removes the interest rate risk associated with borrowing at a variable rate in a rising
interest rate environment, as is widely believed to occur over then next several years. Fixed rate debt also removes
the interest rate risk present if the CRA borrows on a short-term basis today and determines that it needs to borrow
for additional projects in the future. Following are charts which illustrates interest rate trends over the past 20 and
25 years.
12
11
10
8.
7-
6
5
4
IBond Buyer Revenue Bond Index (Past 20 Years)l
Date
I ~Historical Rates Current (5.26%) Average Rate (7.41%)
Rate
6215
RBC
C> ~. Dain Rauscher
16-
14--
12-
10-
2
I10-Year US Treasury Rates (Past 25 years)I
Date
Historical lOYr Treasury ~Current Rate (4.60%) =, Average Rate (7.89%)
This scenario assumes that the CRA issues AAA-rated, insured bonds with a backup pledge of City revenues
and a 15-year amortization. To be conservative, we utilized an interest rate of'4.44%, which is current market
rates plus 50 basis points. If the CRA were to issue such bonds today, the interest rate would be 3.94%.
The debt issue is sized at the maximum capacity in FY 2004/2005 based on the prior year's Tax Increment
revenues and assuming a debt service coverage requirement of 1.35x. Based on the amount of borrowing, for
which a bond issue is more cost-effective, the sizing also assumes the funding of a cash funded debt service
reserve fund in the amount of maximum annual debt service. This debt service reserve fund is required by
investors in a bond financing and typically is able to earn interest at the borrowing cost over the life of a
borrowing. If the CRA were to issue long-term debt through a bank loan, this debt service reserve fund would
not be required.
This 15-year debt scenario with a backup City pledge is summarized on the following page. As previously
discussed, a line of credit was ut'flized in later years to mitigate quarterly deficits. Because the budget
projections are several years in the furore and based on many assumptions, the CRA can evaluate at that time
whether a line of credit or fixed rate financing is most appropriate.
6216
RBC
Dain Rauscher
.3. 20-Year~ AAA-Rated~ Insured Debt Financing in FY 2004/2005 (Backup Ci~, Pledge)
To increase the CRA's debt capacity during this time of historically low yields, we also reviewed a 20-year
financing with a back-up City pledge in FY 2004-2005. Extending the final maturity by 5 years allows the
CRA to lock in fixed rate borrowing for all the projects in full. The CRA is not subject to risk that it would be
unable to complete projects if future tax increment projects do not come in as planned. The assumed interest
cost is 4.91%, which represents current market rates plus 50 basis points (0.50%). This scenario is depicted on
the following page.
bzi8
RBC
Dain Rauscher
6219
Financing Alternatives
There are several financing alternatives available to the CRA, such as bank loans versus a bond issue and a
private placement versus a public offering of bonds. Due to the mount of borrowing required and the long
term nature of the projects, RBC Dain Rauscher recommends that the CRA issue a public offering of bonds
versus a private placement or a bank loan. The reasons for this recommendation are summarized below.
Bonds vs. Bank Loan: Based on the amount of project needs currently contemplated, a bond issue will be
more cost-effective than a bank loan if the CRA chooses to finance its project with long-term debt. Typically,
bank loans are more economical for financings under $3 million and small financings with a repayment of 5-6
years. Bond issues are more economical for financings in excess of $3 million and f'mancings with a
repayment of 7 years or more.
Publicly Offered Bond Issue vs. Private Placement: Assuming that the CRA has credit support in the form of
a back-up City pledge, which would enable it to purchase bond insurance and provide a "AAA" rating, the
highest rating possible, a publicly offered bond issue will be much more cost-effective than a private
placement. Private placements are typically only used for lower rated or non-rated borrowings, where the
credit characteristics prevent the sale of a fmancing to the general public. A public financing drives down
interest rates as investors compete for the purchase of bonds, and could be completed in the same amount of
time as a private placement.
FUNDING RECOMMENDATION
Due to the historically low interest rates and the size of fmancing required, RBC Dain recommends that the
CRA consider issuing 20-year bonds in a public offering to lock in sufficient project funding at current low
yields. This prevents the CRA from being subject to interest rate risk inherent in a variable rate financing,
mitigates furore interest rate risk if a fixed rate financing is required at a later date and equitably spreads the
cost of improvements over future property owners. A longer-term financing also more closely matches the
longer average life of the projects which may be funded, such as the Riverwalk, Promenade and Boynton
Beach Boulevard extension. A 20-year financing ensures that all of the projects in the current budget are
funded and mitigates completion risk if a 15-year fmancing is selected and for some reason the CRA cannot
access the market for the remaining funding required.
622O
RBC
Dain Rauscher
6221
Should the CRA move forward with the recommended longer-term bond financing, the CRA will need to hire a
Bond Counsel and Underwriter to assist it with the financing process. Typically, a bond financing takes 6-8
weeks to complete due to the time involved in the preparation of £mancing documents and seeking the
necessary approvals of the governing bodies.
To start the process, RBC Dain Rauscher recommends that the CRA take the following actions:
Select a Bond Counsel - Bond Counsel is an attomey who specializes in bond law and is responsible
for the preparation of legal documents on the CRA's behalf. RBC Dain Rauscher recommends that
the CRA consider hiring Mark Raymond with the firm of Moyle, Flanagan, Katz, Raymond
&Sheehan, P.A. as its Bond Counsel. Mr. Raymond is the Bond Counsel to the City of Boynton
Beach and has been the City's Bond Counsel for many years. Mr. Raymond is thoroughly
knowledgeable on the City's financings and his expertise with Boynton Beach's legal and financial
structure will be beneficial to the CRA.
Select an Underwriter - The Underwriter is the firm that actually sells the CRA's bonds to investors.
RBC Dain Rauscher recommends that the CRA consider hiring Bank of America as its underwriter.
Because Bank of America is the provider of the CRA's outstanding loan, negotiating with Bank of
America as the Underwriter on the new debt may result in lower fees on the new financing. Bank of
America is also already familiar with the City and the CRA, which will assist in marketing the bonds
to investors.
As the CRA's fmancial advisor, RBC Dain Rauscher will assist the CRA in selecting these and other parties to
the financing, such as the Paying Agent, bond insurer and rating agencies. All of the costs of these services
will be paid out of bond proceeds.
Following is a brief outline of the timetable involved in the bond financing.
RBC
- - ~ Dain Rauscher
THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
REVENUE BONDS, SERIES 2004
Timetable
City:
BC/DC:
UW:
FA:
PA:
P:
Working Group
Boynton Beach CRA
City of Boynton Beach
Bond Counsel/Disclosure Counsel
Underwriter
Financial Advisor - RBC Dain Rauscher
Paying Agent
Printer
Date
Thursday, August 26
Tuesday, September 14
Tuesday, September 21
Week 1
Week 2
Week 3
Week 4
Week 5
Week 6
Week 7
Function
CRA Board Provides Preliminary Approval for Financing and
Selection of Bond Counsel and Underwriter
CRA Approves Budget and Bond Counsel Contract
1. City Accepts CRA Budget
2. City Provides Preliminary Approval to Provide Back-up
Pledge (Covenant to Budget and Appropriate)
1. Distribute first draft of Resolution and Preliminary
Official Statement (POS)
2. Submit Package to Insurance Companies and Rating Agencies
1. Comments due on Documents
2. Distribute 2~d Draft of Documents
1. Receive Rating
2. Receive Insurance Commitment
3. Comments due on Documents
1. CRA Adopts Bond Resolution
2. City Council Adopts Resolution
3. Print and Distribute Preliminary Official Statement
1. Price and Sell Bonds
2. Sign Bond Purchase Agreement
1. Print and Distribute Final Official Statement
2. Distribute Draft of Closing Documents
3. Distribute Draft Closing Memorandum
Pre-Closing and Closing of Bonds
Responsible
Party
CRA
CRA
City, CRA
City
BC/DC
FA
All
BC/DC
FA
FA
All
All
All
BC/DC
All
UW, CRA
BC/DC, P
BC/DC
FA
All
6223
gRBC
Dain Rauscher
RBC
Dain Ra uscher
The CRA has adopted an investment policy to provide guidance and permitted invesmaents for its available
funds. This is a recommended practice by the Government Finance Officer's Association (GFOA), which
enhances the entity's awareness of its invested funds. However, the investment policy may not have been
adopted with the investment of bond proceeds in mind and we may discuss amendments to the policy with the
CRA to allow for guaranteed investment contracts, which are commonly used to invest bond construction
funds. Once the CRA's £mancing plan is in place, RBC Dain Rauscher will work with the CRA to determine
the appropriate vehicle given the cash requirements and timing of the project needs.
Cash Management
The CRA currently has all of its funds in a municipal checking account at SunTrust. SunTrust recently
proposed extending its investments by purchasing 3-9 month securities. RBC Dain was asked to review the
CRA's cash needs over the next year and make a recommendation as to whether the CRA should consider such
a proposal. The estimated monthly needs in 2004/2005 as provided by the CRA are on the following pages.
'~ RBC
~ Dain Rauscher
6226
Although these project draws are preliminary, based on this level of spending by November 2004, RBC Dain
recommends that the CRA not tie up these funds by purchasing specific securities but keep its funds liquid for
maximum flexibility. The widely-held belief that interest rates will be rising over the next 6 months is another
reason to keep this cash in a short-term investment such as a money market or the SBA, as their yields will
increase with market rates.
Although SunTrust increased its money market yield after the CRA discussed moving a portion of its funds to
the State Board of Administration's Local Government Pooled Fund, the money market yield is still below the
SBA yield. As of ~uly 28, 2004, the SBA' s current yield was 1.38% and the 30-day moving average rate of
return was 1.41%. The CRA's municipal checking account yielded 1.35% as of July 28, 2004. The CRA may
want to consider moving a portion of its funds to the SBA to take advantage of this tfigher retum while
retaining liquidity.
Short-Term Investments
Once the CRA has financing proceeds to invest, there are several oppommities for the CRA to increase its
investment earnings by investing in permitted investments for longer-term periods, for example with a duration
of 1-3 years depending on construction needs. A short-term portfolio for the CRA bond proceeds could include
investments such as:
· Laddered Treasury or Agency bonds
· Investment Agreements such as Repurchase Agreements and Guaranteed Investment Contracts (GICs)
Such investments would enable the CRA to lengthen its maturity for funds in conjunction with the consu'uction
draw schedule and increase its earnings. Investment agreements allow the CRA to lock in longer-term returns
while allowing flexibility for permitted construction draws without penalties. We have utilized GICs in the
bond scenarios for this analysis, which are currently yielding 2.26% for a 3-year investment. Because the
relative attractiveness of GICs vs. other securities changes with market conditions, we will perform a complete
analysis and make a specific recommendation as a financing nears.
INVESTMENT RECOM~VIENDATION
Because the CRA will require all of its current cash by November, 2004 depending on the timing of the BBB
Land Payment if it does not seek a financing, RBC Dain recommends that the CRA keep its funds in a liquid
investment such as a money market at this time. The CRA may wish to consider moving a portion of its funds
to the SBA until needed to achieve a slightly higher yield than it's current money market account while
retaining liquidity.
Once the CRA proceeds with a financing, we will analyze whether the purchase of an investment contract or
individual securities is more cost-effective for the investment of the financing proceeds depending on market
conditions at that time.
6228
gRBC
Dain Rauscher
RBC
Dain Rauscher
THE CITY OF BOYNTOR' BEACH, FLORIDA
CRA REVF1V~ BONDY. ~FAR f (2nd 62UA~Tf£)
20 YE. AR AMORTIZA HON
NiARi~T RATE + 5OBPS
Project Summary
Dal~d 01/01/2005 [ Delivered 01/01/2008
So~rc~ Of Fan~
Par Amount of Bonds ..................................................................................................................................................................................
To~al Sources ......................................................................... : .................................................................................................................
Uses Of Panda
Total Underwriter's Discount (0.6§0%) ..................................................................................................................................................
Costs of Issuance .......................................................................................................................................................................................
Gross Bond Insurance Premium ( 50.0 bp) ........................................................................................................................................... ~..
Deposit to Debt Service Reserve Fund (DSRF) ..........................................................................................................................................
Deposit to Project Construct/on Fund .......................................................................................................................................................
$19,575,000.00
$I 9,875,000.00
IZT,Z$7.50
I00,000.00
92,210.02
1,858,684.00
17,716,868.48
$19,575,000.00
Flow of Fun~ Detail
State and Local Government Series (SLGS) rates for ................................................................................... : ............................................
Date of O/ViP Candidates ............................................................................................................................................................................
Project Construction Fund Solution Method ............................................................................................................................................
Total Cost of Investments ............................................................................................................................................................................
Interest Earnings @ 1.878% ......................................................................................................................................................................
Total Draws .......................................................................................................................................................... .'-.....'f ...........................
Debt Service Reserve Fumd Solution Method ............................................................................................................................................
Total Cost of Investments ............................................................................................................................................................................
Interest Earnings @ 4.799% ......................................................................................................................................................................
Transfers to Debt Service Fund ..................................................................................................................................................................
Total Draws .............................................................................................................................................................................................
Bond
Average Life
Average Coupon ..........................................................................................................................................................................................
Net Interest Cost (NIC) ...............................................................................................................................................................................
Bond Yield for Arbitrage Purposes ............................................................................................................................................................
True Interest Cost (TIC) ..............................................................................................................................................................................
Ali In~lu~ive Cost (A/C) ..............................................................................................................................................................................
Net Funded
$I 9,260,827.gB
801,87§.71
$I 9,762,?05.09
Gross Funded
$I,558,684.00
1,476,695.20
(I,476,695.20)
$1,558,684.00
11.875 Years
· 4.8017518%
4,8564594%
4.7988652%
4.8194~40%
4.9549416%
C.~t ~BoAr~ zoyrAdj / SINCL~PUPJOY£ / B/e/BO04
RBC Dain Rauscber, InC.-
Public Finance- RAO
6230
Page 1
THE CITY OF BOYNT~b-~H~EACH, FLORIDA
CP~ ~VEArU£ BOArDS~ YEA~ ~ (2nd QUARTF~
~0 ~ A~O£TIZA TION
A/LARIiET ~ TE ~ 50$PS
Net Debt Service Schedule
Pr~cipal Coupon
Int~r~st Total P+I DSK
Exisfi.ng D/S Net New D/S Fiscal Total
01/01/2005
03/20/2003
07/01/2005
09/20/2005
01/01/2006
03/20/2006
07/01/2006
09/20/2006
01/01/2007
05/20/2007
07/01/2007
09/20/2007
01/01/2008
03/20/2008
07/01/2008
09/20/2008
01/01/2009
03/10/2009
07/01/2009
09/20/2009
01/01/2010
03/20/2010
07/01/2010
05/20/2010
01/01/2011
03/20/2011
07/01/2011
09/20/2011
01/01/2012
03/20/2012
07/01/2012
09/20/2012
01/01/2015
05/20/2013
07/01/Z013
09/20/2013
01/01/2014
03/20/2014
07/01/2014
09/20/2014
01/01/2015
03/20/2015
07/01/2015
09/20/2015
01/01/2016
03/20/2016
07/01/2016
09/20/2016
01/01/2017
07/01/2017
01/~I/2018
07/01/2018
01/01/2019
07/01/2019
01/01/2020
07/01/2020
0!/01/2021
07/01/202I
01/01/2022
07/01/2022
01/01/2023
07/01/2023
01/01/2024
07/01/2024
01/01/2025
680,000.00 2.100%
690~000.00 2.500%
710,000.00 2.87056
730~000.00 5.220%
755,000.00 3.450%
780,000.00 3.650%
810~000.00 3.850%
840,000.00 4.000%
870,000.00 4.170%
910,000.00 4.500%
950,000.00 4.420%
990)000.00 4.550%
1)035,000.004.670%
I~085,000.004.750%
1,155,000.004.850%
1,190,000.005.250%
1,250,000.005.250%
1,520,000.005.250%
1,585,000.005.250%
I~460)000.005.250%
429,307.25
429,307.25
422~167.25
422,167.25
415:542.25
419~542.25
403,553.75
403~555.75
591~600.75
591,600.75
37B,577.00
575~577.00
564,542.00
364,542.00
548~749.50
548~749.50
351,949.50
531,949.50
315~810.00
315,810.00
294,245.00
294,245.00
275,250.00
275,250.00
250)727.50
250,727.50
226,560.25
226,560.25
200J91.50
200,791.5C
I73,381.25
I73,581.25
142~I43.75
142,143.75
I09,391.25
109,53,1.25
74,681.25
74~681.25
58,525.00
38,325.00
429,307.25 (36,917.58)
1,109,307.25 (36,917.38)
422,167.25 (36,917.38)
1,112,167.25 (36,917.38)
413,542.25 (56,917.38)
1,125,542.25 (36,917.38)
403,355.75 (36,917.38)
1,133,353.75 {96,917.38)
391,600.75 (56,917.55)
1,146,600.75 (56,917.38)
378,577.00 (56,917.58)
1,158,577.00 (36,917.~8)
364,542.00 (56,917.~8)
1,174,~42.00 (56,917.38)
S48,749.50 (56,917.58)
1,I 88,749.50 (36,917.58)
~51,949.50 {~6,917.~8)
1,201,949.50 (36,917.3
515,~10.00 (56:917.~8)
1,22~,810.00 (56,917.58)
294,245.00 (36,9 I7.38)
1,244~45.00 (~ 6,917.58)
273,250.00 (36,917.~8)
~65~50.00 (56,9I 7.58)
250)727.50 (56~9I 7.~8)
1~85,727.50 (36,917.~8)
226,560.25 (56,917.5~)
1,511,560.25 (36,917.58)
200,791.50 (56,917.58)
1,555,791.50 (36,91
!73,~81.25 (56,917.5~)
I:~65,581.25 (~6,917.58)
I42,143.75 (~6,917.58)
1,592,I45.75 (36,9I 7.~8)
10%~51.25 (56,9I 7.5~)
1,429,~51.25 (56,917.5~)
74,681.25 (56,91
1,459,681.25 (36,917.58)
58~525.00 (56~9I 7.58)
1,498,525.00 (I,575~601.38)
I58,649.14
158,649.14
158,649.14
158,649.14
158,649. I4
155,649.I4
158,649.14
I58,649.13
158,649.14
158,649.14
I58~649.14
158~649.15
158,649.14
I58,649.I4
158,649.14
158,649~'14
I58,649.14
i58,649.14
158,649.14
158,649.14
I58,649.14
158~649.14
158,649.I4
I58,649.14
I58,649.14
392,389.87
158,649.14
1,072,389.871,782~078.02
I58,649.14
385,249.87
158,649.14
1,075,249.871,777,798.02
158,649. t4
376~624.87
158,649.14
1,086,624.871,780,548.02
158,649.14
366)456.37
158)649.I3
1,096,436.371,780,171.01
158,649.14
354,68,3.37
158,649.14
1,109,685.371,781,665.02
I55,649.14
541,659.62
I58,649.15
1,121)659.621,780,617.51
158,649.14
527,424.62
158,649.14
1,157,424.621,782,147.52
158~649. I4
311,852.I2
I5~,649.I4
1,151,832.121,750,962.52
158,649.14
Z95~O$2.1Z
1/~8,649.14
1,165~032. t2 1,777,362.52
I58,649.14
276,892.62
158,649. I4
1,1 ~6,892.62 1,781,083.52
158,649.14
257,527.62
I58,649.14
1,207,527.621,781,955.52
I58,649.14
256,332.62
I58,649.14
1,226,352.621,779,965.52
215)810.12
1,248,~ I0. I2 1,462,620.24
i89,642.87
1,274)642.~71,464,285.74
16~,874.12
1,298,~74.121,462,748.24
156,465.$7
1,526,463.87!,462,927.74
I05)226.37
1,555,226.571,460,452.74
72,415.87
1,592,4I~.871,464~827.74
37,763.87
1,422..763.87 I)460,527.74
1,407.62
(77,276.58) (75,868.76)
Tohd $I 9,575,000.00 $II,I61,672.00 $30,756,672.00 (3,015,379.20) $3,807,579.34 $31,525,~72.14
RBC Dain Rauscher, }nc,
Public Finance-
6231
Page 2
THE CITY OF BOYNTON BEACH, FLORIDA
CRA REVFJW/E BONlPS~ YEAR I (2nd QUARTER)
I $ ~EAR A~IORTIZA TION
~ RA TE +50BPS
, l~ject Samraary
Dated 01/01/200~ ] Delivered 01/01/2005
Sources Of Funds
Par Amount of Bonds .....................................................................................................................................................................................
Uses Of Funds
Total Underwriter's Discount (0.65096) ......................................................................................................................................................
Costs of Issuance .......................................................................................................................................................................................
Gross Bond Insurance Premium ( 30.0 bp) ..................................................................................................................................................
Deposit to Debt Service Reserve Fund (DSRF) ..............................................................................................................................................
Deposit to Project Construction Fund ...........................................................................................................................................................
Flow of F~znds Detail
State and Local Government Series (SLGS) rates for ....................................................................................................................................
Date of O/vIP Candidates ................................................................................................................................................................................
Project Construction ~and Solution Method ................................................................................................................................................
Total Cost of Investments ...............................................................................................................................................................................
Interest Earnings ~ 2.26096 ..........................................................................................................................................................................
Total Draws ..................................................................... . .............................................................................................. ~ .......................
Debt Service Reserve Pund Solution Method ................................................................................................................................................
Total Cost of Invesfraents ...............................................................................................................................................................................
Interest Earnings ~ 4.557% ..........................................................................................................................................................................
Transfers ~o Debt Service Pund ......................................................................................................................................................................
Total Draws .............................................................................................................................................................................................
Bond Statistics
Average Life ............................................................................................................................................................................................
A~rerase Coupon ................................................... : ......................................................................................................................................
Net Interest Cost (NIC) .................................................................................................................................................................................
Bond Yield for Arbitrage Purposes ................................................................................................................................................................
True Interest 6ost (TIC) ..................................... : ..........................................................................................................................................
All inclusive Cost (AIC) ................................................................................................................................................................................
$ ! 7,515,000.00
$17,315,000.00
112,547.50
I00,000.00
72~572.81
1,751,500.00
I5,298,579.69
$I 7,3I 5,000.00
Net Ptmded
$I 6,620,650.67
522,007.32
$17,I42,637.99
Gross Fv. nde. d
$I,751,500.00
I,IS9,545.60
(1,I59,34:3.60)
$1,731,500.00
9.009 Years
4.3655:374%
4.4574901%
4.$867310%
4.419:35S9%
4.5604665%
C-RA ~BOHD 15'y~'.Ma~c / ,f~GL£PUP. POSE/ 8/ G/~004 / $:04 PM
RBC Dain Rauscher, Inc.-
Public Finance- RAO
6232
Page 1
THE CITY OF BOYNT-Q/q BEACH, FLORIDA
CRA REVEA~UE BONDS~ YF_~4R I (2~d QUARTER)
15 ~ ~OR~ZATION
~~ +~OBPS
Net Debt ~ce ~hed~e
Date
Principal Coupon interest Total P+I
DSR Existhug D/S Net New D/S Fiscal Total
01/01/2005
03/20/2005
07/01/2005
09/20/2005
01/01/2006
03/20/2006
07/01/2006
09/20/2006
01/01/2007
03/20/2007
07/01/2007
08/20/2007
01/01/2008
03/2O/2008
07/01/2008
09/20/2008
01/01/2009
03/20/2009
07/01/2009
09/20/2009
01/01/2010
03/20/2010
07/01/2010
09/20/2010
0!/01/201I
03/20/201I
07/01/2011
09/20/2011
01/0i/2012
03/20/2012
07/01/2012
09/20/2012
01/01/2013
03/20/2018
07/01/2013
09/20/2013
01/01/2014
03/20/2014
07/01/2014
09/20/2014
01/01/2015
03/20/2015
07/01/20!5
09/20/2015
01¥~i/2016
08720/20!6
07/01/2016
09/20/2016
01/01/2017
07/01/2017
01/01/2018
07/01/2018
01/01/2018
07/01/2019
01/01/2020
855,000.00 2.100%
870,000.00 2.50096
895,000.00 2.870%
920,000.00 3.220%
950,000.00 3.45056
980,000.00 3.650%
1,015,000.00 8.850%
1,055,000.00 4.000%
I ,I00,000.00 4.170%
1,143~000.00 4.300%
I,I95,000.00 4.420%
1,245,000.00 4.550%
I ~G20,000.00 4.670%
!,695~000.00 4.750%
1,775,000.00 4.830%
345,654.25
345,654.25
336,676.75
336,676.75
325,801.75
325,801.75
312,958.50
312,958.50
298,146.50
298,146.50
281,759.00
281,759.00
263,874.00
263~874.00
244,355.25
244,535.25
223,235.25
223,235.25
200,300.25
200,500.25
175,682.75
I75,682.75
I49,273.25
I45,273.25
I20,949.50
120,949.50
83,122.50
83,I22.50
42,866.25
~2,866.25
545,654.25
1,200,654.25
386,676.75
1,206,676.75
3Z5,801.75
1,220,801.75
312,958.50
1,232,958.50
298,146.50
1,248,146.50
281,759.00
1,261,759.00
263,874.00
1,278,874.00
244,855.25
1,299,355.25
223,255.25
1,323,235.25
200,300.25
1,545,500.25
I75,682.75
1,570:682.75
I49,273,25
1,594,273.25
120,949.50
1,740,949.50
83, I22.50
1,778~I'22.50
42,866.25
(87,978.12)
(37,978. I2)
(37,978.12)
(87,978.12)
(37,978.12)
(37,978.12)
(37,978.12)
(37,978.12)
(37,978.12)
(37,978.12)
(57,978. I2)
(37,978.I2)
(37,978.12)
($7,978.12)
(57,978.12)
(37,978.12)
(37,978. i2)
(37,978.12)
(87,978. I2)
(37,978.12)
(57,978.12)
(37,978.12)
(37,978.12)
(37,978.12)
(37,978. I2)
(37,978. I 2)
(87,978.12)
(37,978.12)
(37,978.12)
1,817,866.25 (1,769,478.12)
I58,649.14
158,649. I4
158,649.14
I58,649.14
158,649.14
158,649.14
I58,649.14
i58,649. I3
158,649.14
158,649.14
I58,649.14
158,649. I 5
158,649.14
'I 5~,649.14
158,649.14
158,649.14
158,649.I4
158,649.14
158,649.14
158,649.I4
158,649.14
158,649.14
158,649.14
158,649.14
I58,649.14
307,676.15
158,649.14
1,I62,676.13 1,787,650.54
158,649.14
298,698.63
158,649.14
1,168,698.63 1,784,695.54
158,649.14
287,823.63
I58,649.14
1,182,823.63 i,787~945.54
158,649.I4
274,980.38
158,649.15
1,194,980.38 1,787:259.03
158,649.14
260, I68.38
I58,649.14
1,210,168.38 1,787,635.04
158,649.14
243,780.88
158,649.13
1,223,780.88 1,784,860.03
I58,649. I4
225,895.88
158,649.14
1,240,895.88 1,784,090.04
158,649.14
206,357. I3
I58,649.14
1,261,357.13 1,785,012.54
158,649.14
185,257.13
!58,649. I4
1,285,257.13 1,787,812.54
158,649. i4
162,522.13
158,649.14
i,807,522.13 1,786,942.54
158,649.14
157,704.63
158,649.14
1,352,704.65 1,787,707.54
158,649. I4
Ill,295.13
158,649.14
1,556,295.13 1,784,888.54
82,971.38
1,702,971.38 1,785,942.76
45,144.58
1,740, I44.38 I~785,288.76
4,888.I5
48,888.13 53,276.26
Total $17,515,000.00 $6,809,271.50 $24,124,271150 (2,870,843.60) $3,807,579.54 $25,061,007.24
C;.4 P~ rF-N'UE BOA'D l SJ, r.4,I~ / SINGI~ puRFOS£ / 8/ ~/2004 / $:04 PA'f
RBC Dain Rauscher, lac.
.Public Finance- RAO
6233
Page 2
MEMO
TO: CRA Board
FROM:
Susan Vielhauer
SUBJECT: Consideration of Legal Contract Amendment for Goren, Cherof,
Doody and Ezrol.
DATE:
September 8, 2004
Goren, Cherof, Doody & Ezrol, P.A., have requested a rate change effective
October 1, 2004, until the CRA has hired new legal counsel. Staff has attached
the second amendment to their contract for approval by the CRA Board. Legal
Staff has reviewed the amendment to the contract and has approved the
amendment.
Staff is recommending the CRA Board approve the amendment until new legal
counsel oan be secured.
6234
AMENDMENT
Attorney-Client Fee Contract
THIS IS A SECOND AMENDMENT TO AGREEMENT, dated the ~ day of
,2004, between:
TI-~ BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter
referred to as "Client",
and
GOREN, CI-IEROF, DOODY, & EZROL, P.A., a Professional Association, authorized
to do business in the State of Florida, hereinafter referred to as the "Counsel",
In consideration of the mutual terms and conditions, promises, covenants and payments
hereinafter set forth, CLIENT and COUNSEL agree as follows:
Section 1. The Original Agreement entered into on April 25, 2000, shall remain in
full force and effect except as specifically amended hereinbelow.
Section 4. The PARTIES hereto agree to amend RATE SCHEDULE as follows:
Identification
Client:
Matter:
Boynton Beach Community Redevelopment agency
Counseling the CRA
B. New hourly rates will be in effect starting October 1, 2004
Attorney rates $175.00 / hour
Law Clerks $50.00 / hour
Paralegal $100.00
C. Standard Charges
We charge for our time in minimum units of .10 hours.
Costs and expenses
In-office photocopying
Telefacsimile Transmittal
Subject to change
.35/page
10.00
6235
The rates on this schedule are subject to change on 30 days written notice.
It is expressly understood that any incidental or out-of-pocket costs incurred by Counsel
are covered by the total compensation and are not to be billed separately.
Invoices received from the "Counsel" pursuant to this agreement will be reviewed and
approved by the Controller, indicating that services have been rendered in conformity
with the agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seal the day
and year first written above.
GOREN, CHEROF, DOODY, & EZROL
COUNSEL, P.A.
BOYNTON BEACH CLIENT
By:
By:
Name & Chair
Witness:
Witness:
6236
Page 2 of 2
LAP/ia
C:~Documents and Settings\viethauers.CITY~esktop~LEGAL Contract(Amendment Revised -12-~3-03).doc
X. Commission Action
Ratification of CRA Action: Waterside (HTEX 04-003) - 3655 North Federal Highway
- Request for a height exception to allow a decorative cupola to extend above the 45
foot maximum height provision in the infill Planned Unit Development (IPUD) zoning
district.
Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at
this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
6237
The CRA shall furmsh 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.
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 ~y.~ace 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.
Xll. Legal
Any person who decides to appeal any decision of the Community Redevelopment Board with respec[ 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.
6239
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 m'enty-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 Commun/ty 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.
62-4O
The CRA shall furnish appropriate auXiliary aids and services where necessary to afford an individual with a disabiliw 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.
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING
MEMORANDUM NO. 04-218
TO:
FROM:
DATE:
SUBJECT:
Community Redevelopment Agency and Planning & Development Board
Michael Rumpf, Director of Planning & Zoning~'~{~[c''''
September 1, 2004
Discussion on regulating building colors on major thoroughfares
BACKGROUND
The City Commission requests that the CRA and Planning & Development Boards provide them
with input on whether the city should regulate building colors on major thoroughfares. The
Development Director prepared a memorandum dated July 12, 2004 to the City Manager in
response to the request for information on the topic. This memo is attached.
ANALYSIS
The Development Director's memo represents staff's position against the establishment of a
formalized process for regulating building colors based upon the following information:
1. The current site plan review process provides staff, and the Boards and City
Commission an oppommity to review and comment on proposed project colors;
2. The challenge of reaching consensus on an acceptable palette of colors;
3. The likely negative perception of developers and the community toward
being told what colors they can paint their building; and
4. Oversight and enforcement of a color program being staff intensive.
CONCLUSIONS/RECOMMENDATIONS
While staff does not believe a program to regulate building colors is totally necessary, staff does
believe there is an opportunity to strengthen existing provisions within the code relative to
project colors. Aecordingly~ staff recommends a code amendment that would specify color
as a part of the criteria for minor site plan review. This would eliminate a "grey" area in
the code and insure that a larger number of buildings are reviewed for color changes,
especially those subject only to an administrative review. If a proposed color change were
a signfficant, deviation from its existing color(s), it could be identified as a "Major" change,
it would be forwarded for review by the commission either as an Administrative Appeal or
Major Site Plan Modffieation. In either case, the commission and the public would
ultimately review the request.
6241
S :hUlanning~Breese\Color Regulations. DOC
MEMORANDUM
To: Kurt Bressner, City Manager
From: Quintus Greene, Development Director
Date: July 12, 2004
Re:
Allowable Building Colors in the City
As you know, a member of the City Commission has recently indicated a desire for the
Development Department to .initiate a pregram designed to spe_cify and regulate
allowable building colors in the city. Staff is aware that similar programs exist in some
neighboring communities and is prepared to put together such a pregrem in abdut 90
days should you and the City Commission so direct.
However, please be advised that staff does not recommend such a program for the City
of Boynton Beach for the following reasons:
First, the current site plan review process, provides an opportunity for both staff and
Commission review of the extedor facades, including colors, for all new developments as
well as significant modifications to existing developments in the city. In addition, both
major and minor modifications to an appreved site plan are also subject to staff review
and, in the case of major modification, Commission review as well.
Second, there is an inherent problem in achieving a public consensus on an acceptable
palette of colors. This is in addition to the fact that, based on the experience of other
communities, people in general simply don't like having the city's "color police" telling
them what color they can paint their buildings.
This leads to the third reason staff does not recommend such a pregram, namely
enforcement. Again, based on the experience of other communities, the review,
permitting and inspection of building colors on a citywide basis can be very staff
intensive. This is particularly true with respect to the Code Compliance staff. This is
likely to be the case, even assuming an effective public information campaign lasting
several weeks. Moreover, the City Commission itself may be forced to become involved
in appeals of staff decisions involving building colors.
Nevertheless, staff recognizes that there may be a need to strengthen existing
provisions in the code concerning building colors. Accordingly, staff recommends
adoption of a code amendment that would specify color as a part of the criteria for minor
site plan review. This would eliminate a "grey" area in the code and insure that a larger
number of buildings are covered, especially those subject only to an administrative
review.
6242
x v. Future Agenda Items
A. Consideration of Interlocal Agreement with the City of Boynton Beach for the Boynton
Beach Boulevard Extension Promenade and Riverwalk (October).
B. Consideration of Interlocal Agreement for the MLK Phase I Project (October).
C. Consideration of Assembly and Redevelopment Incentive Grant Program (October).
D. Consideration of Residential Fagade Grant Program (October).
E. Consideration of Modification to the Direct Incentive Program to include Arts Commission
Elements for Incentive Scoring (November).
Any person who decides to appeal any decision of the Community Redevelopment Board wSth 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.
6243
The CRA shall furnish appropriate auxiliary. aids and Services Where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas
Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably
accommodate your request.
xv. Adjournment.
Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at
this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
The CRA shall furnish appropriate auxiliary aids and Services Where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas
Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably
accommodate your request.