Loading...
Agenda 11-09-04COMMUNZTY REDEVELOPMENT AGENCY Schedule of Regular Meetings 2nd Tuesday of each month Commission Chambers Boynton Beach City Hall 6:30 P.M. PLANNING & ZONING AGENDA ITEMS November 9, 2004 Old Business New Site Plan Approval 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Edward Medical Office (NWSP 04-012) Hany Edward Hany Edward 3908 North Federal Highway Request for new site plan approval for a 11,796 square foot medical office building in the C-3 zoning district. New Business Land Use Plan Amendment/Rezoning 1. PROJECT: AGENT: OWNER: . LOCATION: DESCRIPTION: Barr Property (LUAR 04-009) John Barr, Cornerstone Premier Communities BMVFL- 1, Inc. 1801 NE 4th Street Request to amend the Comprehensive Plan Future Land Use Map from High Density Residential to Special High Density Residential; and Request to rezone from R-3 Multi-family Residential to Planned Unit Development (PUD). Proposed use: townhouse community of 180 units. Page 2 Community Redevelopment Agency Board November 9, 2004 New Site Plan 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Bart Property (NWSP 04-013) John Barr, Cornerstone Premier Communities BMVFL-1, Inc. 1801 NE 4th Street Request New Site Plan approval for a 180-unit townhome development on a 9.88-acre parcel in a proposed PUD zoning district. S:~Planning\S HARED~WP~AGEN DA S\CRAB\C RA P&Z Agenda items 11-9-04.doc RB.C Daln Rauscher MEMORANDUM 100 Second Avenue South, Suite 800 St. Petersburg, Florida 33701 (727) 895-8800 (727) 895-8895 Fax TO: FROM: RE: DATE: Boynton Beach Community Redevelopment Agency Julie Turner, Financial Advisor Underwriter Selection for the CRA's Bond Issue November 2, 2004 As Financial Advisor to the Boynton Beach CRA, the CRA has requested that RBC Daln Rauscher review the responses to the CRA's RFP for Underwriting Services and make a recommendation regarding the selection of underwriter. The CRA received 5 proposals to serve as underwriter from the following firms: · Bank of America Securities · Bear Steams · Citigroup · First Southwest Company · Raymond James & Associates All of these firms are well-qualified to serve as underwriter to the CRA. After review of the proposals, RBC Dain Rauscher recommends that the CRA select Bank of America Securities as the underwriter for its proposed bond issue. Bank of America Securities has significant experience as underwriter on Florida bond transactions and has served as underwriter on more tax increment f'mancings than the other proposers. In addition, Bank of America provided several ideas on how the CRA might be able to defease or restructure the existing bank loan, which could result ia savings to the CRA. Retail distribution of the CRA's bonds through Bank of America's 6,327 retail sales offices (which includes bank branches) will assist the CRA in obtaining the lowest cost on its financing. The CRA also requested that I explain how underwriters are compensated for a bond f'mancing. Underwriters are paid on a percentage of the total dollar amount of the financing, which is called the "underwfiter's spread". The underwriter's spread is comprised of several components which compensate the underwriter's different professionals who work together on a bond issue. These components are as follows: · Takedown - The takedown is the sales credit which is paid to the salespeople who sell the bonds, and is the largest component of the underwriter's spread. There are industxy standards for takedowns and they are typically finalized prior to pricing depending on the final structure of the transaction and the number of bonds in each maturity. For example, for a "AAA"-rated, insured bond that matures in 20 years in 2024, the standard takedown is $5.00 per thousand. A 6923 MEMORANDUM November 3, 2004 Page 2 retail salesperson who sells $10,000 in bonds to a client would make a commission of $50.00 on the sale for his or her firm. Management fee - The management fee is a fee that is paid to the public finance department of the underwriter to compensate it for its analytical work and document review. The dollar amount of the management fee paid on a transaction depends on the size and complexity of the transaction and is typically negotiated prior to pricing. Underwriter's expenses - The underwriter's expenses are various fees and expenses incurred in bringing the bonds to market. These expenses include fees for wire services which provide information to the market (called "Dalnet"), the purchase of CUSIPs, which are serial numbers for the bonds, underwriter's counsel (if any), a "Day Loan", which is a cost of carry that the underwriter incurs on the day of closing, and travel, communications and miscellaneous expenses associated with the transaction. Again, industry standards exist for all of these fees and they will be submitted by the underwriter to the CRA and its £mancial advisor prior to pricing. As Financial Advisor with fiduciary responsibilities to the CRA, we will review, advise and negotiate these fees with the underwriter on the CRA's behalf. Of most importance in an underwriter selection is the interest rates that the underwriter can obtain for the CRA on its bonds, which is the single largest cost of any financing. On a $20 million financing, lower interest rates of 0.05% can result in lower debt service of $10,000 annually and $200,000 over the life of a 20 year financing. Once the bonds are priced, the final interest rates and fees are documented in the Bond Purchase Agreement, which is the agreement under which the CRA sells the bonds to the underwriter. This document is signed by the CRA and the underwriter on the day after pricing. I look forward to a successful financing for the CRA. Please contact me if you have any questions. 6924 THE BOYNTON BEACH COMMUNI'[¥ REDEVELOPMENT AGENCY TAX INCREMENT REVENUE BONDS, SERIES 2004 Timetable October November December S M T W T F S S M'T W T ~F S S M T W T F S 1 2 1 2 3 4 5 6 2 3 4 3 4 5 6 7 8 9 7 8 9 lC II 12 13 5 6 7 8 9 10 II 10 ll 12 13 14 15 16 14 15 16 13 18 19 2G 12 13 14 15 16 17 18 17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 2C 21 22 23 24 25 24 25 26 27 28 29 30 28 29 30 26 27 28 29 30 31 31 city: BC/DC: FA: PA: P: Boynton Beach CRA City of Boynton Beach Bond Counsel/Disclosure Counsel - Moyle, Flanigan, Katz, Raymond & Sheehan, P.A. Underwriter - TBD Financial Advisor - RBC Dain Rauscher Paying Agent - TBD Printer - Imagemaste[ Date Thursday, August 26 Tuesday, September 14 Monday, October 4 Tuesday, October 12 Thursday, October 14 Sunday, October 17 Thursday, October 21 Tuesday, November 2 Monday, November 8 gRBC Dain Rauscher Responsible Party Function CRA Board Provides Preliminary Approval for Financing and CRA Selection of Bond Counsel CRA Approves Budget and Bond Counsel Contract CRA 1. City Accepts CRA Budget City, CRA 2. City Provides Preliminary Approval to Provide Back-up City Pledge CRA Adopts Reimbursement Resolution and approves RFP for Underwriter CRA Publishes First Notice of RFP CRA CRA Publishes Second Notice of RFP CRA Underwriter Proposals Due City Recommendation Regarding Underwriter FA 1. Distribute first draf~ of Resolution and Preliminary BC/DC Official Statement (POS) 2. Submit Package to Insurance Companies and Rating Agencies FA CRA, BC/DC 6925 11/3/2004 THE BOYNTON BEACH COMMUNfI'Y REDEVELOPMENT AGENCY TAX INCREMENT REVENUE BONDS, SERIES 2004 Timetable RBC Dain Rauscher October November December S M T W T F S S M'T'W T ~F S S M T W T F S 1 2 1 2 3 4 5 6 I 2 3 4 3 4 5 6 ~ 8 9 7 8 9 10 11 12 13 5 6 7 8 9 lC 11 10 II 12 13 14 15 16 14 15 16 17 18 19 20 12 13 14 15 16 17 18 17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 23 24 25 24 25 26 27 28 29 30 28 29 30 26 27 28 29 30 31 31 Date Tuesday, November 9 Friday, November 12 Monday, November 15 Wednesday, November 17 Friday, November 19 Tuesday, November 23 Thursday, November 25 Monday, November 29 Monday, December 6 Tuesday, December 7 Wednesday, December 8 Tuesday, December 14 Wednesday, December 15 Friday, December 17 Tuesday, December 21 Wednesday, December 22 Function CRA Selects Underwriter Comments Due on Documents 1. Distribute 2nd Draft of Documents 2. Documents to City for Agenda Package Receive Rating Indication (12:00 Noon) 1. Receive Insurance Commitment (12:00 Noon) 2. Recommendation Regarding Insurer 3. Comments due on Documents Distribute Revised Documents with Insurance Information Thanksgiving Documents to CRA for Agenda CRA Adopts Bond Resolution City Council Adopts Resolution Print and Distribute Preliminary Official Statement Price and Sell Bonds CRA Signs Bond Purchase Agreement 1. Print and Distribute Final Official Statement 2. Distribute Draft of Closing Documents 3. Distribute Draft Closing Memorandum Pre-Closing Closing 6926 Responsible Party CRA All BC/DC BC/DC FA FA FA All BC/DC All CRA All BC/DC All UW,CRA BC/DC, P BC/DC FA All All 11/3/2004 THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TAX INCREMENT REVENUE BONDS, SERIES 2004 gRBC Dain Rauscher DISTRIBUTION LIST ISSUER B~)ND/DISCLOSURE COUNSEL Doug Hutchinson Executive Director Email: HutchinsonD~ci.boynton-beach.fl.us Susan Veilhauer Controller Emil: vielhauerS~ci.boynton-beach.fl.us Lindsey Payne, Esquire CRA Attorney Email: paynel~ci.boynton-beach.fl.us Boynton Beach Community Redevelopment Agency 639 E. Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 (561) 737-2778 (561) 737-3258 FAX CITY Mark Raymond, Esquire (561) 822-0380 (561) 659-1789 FAX Email: mraymond~moylelaw.com Moyle, Flanigan 625 North Flagler Drive, 94 Floor West Palm Beach, Florida 33401 FINANCIAL ADMSOR Julie Turner (727) 895-8871 (727) 895-8895 FAX Email: julie.mmer~rbcdam.com Dorothy Watkins (727) 895-8872 (727) 895-8895 FAX Email: dorothy.watkins~bcdam.com Kurt Bressner City Manager (561) 742-6010 (561) 742-6011 FAX Email: bressnerk~ci.boynton-beach, fl.us Bill Mummert Director of Finance (561) 742-6312 (561) 742-6316 FAX Email: mummertb~ci.boynton-beach.fl.us- James Cherof, Esquire City Attorney (561) 742-6053 (561) 742-6054 FAX cheroO ~ci.boynton-beach.fl.us City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 Ramon Ortega (727) 895-8809 (727) 895-8895 FAX Email: ramon.ortega~rbcdain.com RBC Dain Rauscher Inc. 100 2nd Avenue South, Suite 800 St. Petersburg, Florida 33701 LrNDERWRITER [TBD] PAYING AGENT [TBD] INSURER [TBD] 6927 10/11/2004 TH~ BOYNTON BEACH COM2VIUN1TY REDEVELOPMENT AGENCY TAX INCREMENT REVENUE BONDS, SERIES 2004 DISTRIBUTION LIST RBC Dain Rauscher Email List hutchins~nd~ci-b~ynt~n.beach.~.us;vie~hauerS~i.b~ynt~n.beach.~.us;pawae~ci-b~nt~n- bea~h.fl.us;bressnerk~¢i.b~nt~n.beach.~.us;mummertb~ci.b~nt~n~bea~h.~.us;cher~ f~ci.boynton_ bach.~.us;rara¥m~nd~m~e~aw.c~m;ju~ie.turner(3`rb¢dain.¢~m;d~r~thy.watkins~`rb~dain.c~m;ram~n.~r tega(3,rbcdain.com 6928 10/11/2004 X. Commission Action (see Directors Report) A. Gateway Shell B. Sunbelt Hydraulics 6929 Any person who decides to appeal any decision of the Commu~ty Redevelopment Board w/th respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual vdth a disability an equal opportunity to participate in and enjoy the benefits ora service, program, or activity conducted by the CRA. Please contact Douglas Hutchimon 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 6930 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. Xll. Legal 6931 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at th/s meeting will need a record of the proceediugs 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 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 Ieast twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Xlll. Other Items 6932 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. x v. Future Agenda Items A. Consideration of Interlocal Agreement with the City of Boynton Beach for the Boynton Beach Boulevard Extension Promenade and Riverwalk. (December) B. Consideration of Interlocal Agreement for [he MLK Phase ! Project (December). C. Consideration of amendment to CRA Procurement Policy (December). D. Consideration of Modification to the Direct l'ncentive Program to include Arts Commission Elements for Incentive Scoring (December). E. Consideration of Options for CRA Office Space (December). F. Special Meeting on December 6, 2004 to Formally Adopt the Bond Documents. G. Consideration of CRA Retreat (January). H. Consideration of Arches Project Site Plan and Incentive Amendment (TBD). 6933 Any person who decides to appeal any decision of the Commuaity Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits ora service, program, or activity conducted by the CRA. Please contact Douglas 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 Commumty Redevelopment Bo,~,~ with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may m ) ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which t* epeal is to be based. ~6934 The CRA shall furnish appropriate auxiliary aids and services where necessary tc 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. MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY OCTOBER '12, 2004 AT 6:30 P.M. Present: Jeanne Heavilin, Chairperson Henderson Tillman, Vice Chair Alexander DeMarco Don Fenton Marie Horenburger Steve Myott Absent: James Barretta I. Call to Order Douglas Hutchinson, CRA Director Lindsey Payne, Board Attorney Susan Vielhauer, Controller III. II. Roll Call The Recording Secretary called the roll and declared a quorum was present. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Mr. Hutchinson stated that there was a request to pull Item F. on the Consent Agenda. B. Adoption of Agenda Motion Vice Chair Tillman moved to approve Horenburger and unanimously carried. IV. Removed from the Agenda for correction. B. Financial Report Consent Agenda A. the Agenda. Motion seconded by Ms. Approval of Minutes of September 14th Meeting 6504 Chairperson Heavilin called the meeting to order at 6:32 p.m. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 C. Consideration of Fagade Grant Payment for Delray Boynton Academy Consideration of Fa0ade Grant Payment for Provident Missionary Baptist Church E. Consideration of Police Contract for the 2005/2006 year F. Consideration of Lease with Purchase Option for CRA Office Removed from the Consent Agenda by Mr. Fenton for discussion. Motion Mr. DeMarco moved for approval, as amended. Motion seconded by Ms. Horenburger and unanimously carried. Chairperson Heavilin asked Pastor Singleton to come to the podium. Vice Chair Tillman, on behalf of the CRA Board, presented Pastor Singleton with a check in the amount of $12,440, which represented the faCade grant payment for Provident Missionary Baptist Church. A. Approval of Minutes of September 14th Meeting Ms. Horenburger pointed out that on page 16, at the top of the page, there was discussion of the Selection Committee where she requested to become a member. However, the minutes do not indicate that she withdrew her request when she learned that the Committee had already started to rank the applicants. She asked that this be indicated in the minutes. Motion Ms. Horenburger moved to approve the minutes of September 14, 2004, as amended. Motion seconded by Vice Chair Tillman and unanimously carried. F. Consideration of Lease with Purchase Option for CRA Office Ms. Horenburger inquired if the Board went out for proposals. Mr. Hutchinson explained that the Board instructed staff to pursue the purchase of office space and to bring it back to the Board. He explained that the item is a lease-purchase contract for the Board's review. Ms. Horenburger inquired why the Board did not go out for proposals. Mr. Hutchinson stated that they did not go out for proposals because staff has a list of projects that would be going up and they have been working on this for over a year. Mr. Hutchinson stated that going out for proposals was still possible, but he went by direction of the Board. Mr. Fenton was not certain that staff was given this direction. He recalled that staff was authorized to give a $10,000 deposit to pursue the location 6505 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 because there was something in the works and they needed to act quickly. However, nothing ever happened and Mr. Fenton was under the assumption that the money was never spent. He feels that the deal is moot and requested clarification. Mr. Fenton was not sure if the CRA should purchase property for its own use considering the lawsuit on height limitation pending against the City. The CRA recently negotiated a new lease at its current location for larger offices and he did not think they needed to take the risk, as a public agency, to purchase a piece of property that may or may not be used in the next five years. Vice Mayor Tillman concurred with Mr. Fenton. He noted that Mr. Hutchinson was instructed to look for better office space for the CRA and if the Board did decide to seek the purchase of office space, it should be done through an RFP. He further felt that at this point in time, the Board was not in a position to make a decision on the contract, if the Board moved on this, it could result in some negative connotations and he felt the issue was also moot. He recommended that.Mi'. Hutchinson be given direction to bring additional options to the Board. Mr. Hutchinson requested that he be provided direction, since they have entered into a new lease for office space. If the Board so wished, they could go out for an RFQ to secure leased space. Ms. Horenburger pointed out that the agenda item was an agreement with MPLF Investments, Inc. It appeared to her that the Board is being asked to approve it, and she would like to have had the agreement signed by the party presenting the contract and have it approved for legal sufficiency before it was brought to the Board. Mr. Myott inquired about the status of the site plan in the agenda packet. Mr. Hutchinson pointed out that the principal of MPLF was present to answer any questions. Mr. Myott did not think they should rule out purchasing land or a building, but he felt that the Board needed to be better informed. Ms. Horenburger inquired if the option to purchase was the entire building or just the 3,000 square feet of office space. Mr. Hutchinson stated it was just the 3,000 square feet. Ms. Horenburger also thought that any interest earned on the deposit should go to the lessee, which was not stated in the agreement. Chairperson Heavilin stated that normally the CRA would not go out for an RFP on leased property. The item was brought to the Board so that staff would have the work space that it has needed for a long time with an option to purchase at today's rates, rather than waiting for prices to appreciate. Mr. Hutchinson reported that the building has not been fully designed. Mr. Hutchinson explained that they now have a one-year lease that can be renewed in one-year increments. The two blocks where the office was currently located would be 6506 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 eventually redeveloped, and they would have between 24 to 36 months before they would have to relocate. Ms. Horenburger inquired what the CRA office needs are. Mr. Hutchinson stated that they need 3,000 square feet, including meeting rooms. He felt it was important for the CRA to have proper meeting space and noted that there was not much condo/office space earmarked for the CRA area, which is why staff brought the item to the Board. Vice Chair Tillman recommended that staff perform a needs assessment that would include costs and space. Mr. Hutchinson stated that they did do a space study, which is how they arrived at the 3,000 square feet. Mr. Fenton did not think it was necessary for staff to enter into another new lease since they have just signed a one-year lease. Mr. Fenton inquired what the square footage rental was on the new lease. Mr. Hutchinson stated it was $1,600 per month for 1,200 square feet. Mr. Fenton pointed out that if they entered into a new contract, the CRA costs for rent would double. Mr. Hutchinson noted that some of the office buildings coming onboard would be charging rent of approximately $24 to $36 per square foot. Chairperson Heavilin confirmed that there is a dearth of office space in the CRA. Motion Vice Chair Tillman moved to table. Motion seconded by Mr. Fenton. Mr. Myott would like to have more information on the property included with the recommendations that Mr. Hutchinson would be bringing back to the Board. Ms. Horenburger requested that any agreement brought before the Board be signed off by the Board Attorney. Mr. Myott also pointed out that it was important to find a first tenant for a proposed project to encourage others to move forward. Chairperson Heavilin felt that approving this would have demonstrated a strong commitment to the community in terms of redevelopment. Mr. Fenton recommended that Mr. Hutchinson come back with more than one proposal and he stated that he would try. Vote Motion carried 5-1 (Vice Chair Heavilin dissenting). Chairperson Heavilin requested that the new CRA Secretary be introduced. Ms. Vielhauer introduced Nicole Monet Fenton. Mr. Hutchinson reported that they received over 300 resumes. Ms. Vielhauer stated that they interviewed several times and the first person they hired left. Ms. Fenton comes with very good credentials and was highly recommended. 6507 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 V. Public Audience Francois Cannel, 461 SW 3rd Avenue, Boynton Beach, asked what the CRA was doing to reach out to the Haitian Community. He is not aware of anything happening and requested that the CRA disseminate information through media that Haitians read and listen to. He would also like to know how his community could participate in redevelopment efforts. Chairperson Heavilin pointed out that the CRA has a Web site; however, everything is in English because they do not have anyone on staff that could translate information into Creole. She pointed out that they are trying to address the entire CRA community. Mr. Cannel stated that he is a teacher and linguist, and he has come to various meetings offering his assistance, but has never been contacted. Mr. Hutchinson responded that they have a program in the CRA that is area wide and they actively go to meetings held by other communities, neighborhoods and associations. His office is always open to anyone that would like to come to see him. He also pointed out that they have had many outreach events and Ms. Gray has worked very hard to include minorities in the Winter Carnival and the HeritageFest. They advertise on minority stations and in local papers, such as the Boynton Times that have included neighborhood inserts. Past events have also been advertised in the City's water bill. If anyone feels that they have been left out, Mr. Hutchinson requested that they contact him. The CRA will be sending out a newsletter that will also be available on the Web site and they are always looking for articles. Vice Chair Tillman added that the CRA continues to look for citizen participation and requested that Mr. Cannel contact the CRA Office. Chairperson Heavilin introduced Mayor and Mrs. Jerry Taylor, Vice Mayor Ferguson, Commissioner Ensler and Lee Wische, Chairman of the Planning and Development Board, who were in the audience. VI. Public Hearing Old Business None Attorney Payne administered the oath to all persons who would be testifying. New Business A. Conditional Use 65O8 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 1. Project: Agent: Owner: Location: Description: Zoning Code Variance 1. Project: Agent: Owner: Location: Description: Gateway Shell (COUS 03-007) Beril Kruger, of Beril Kruger Planning & Zoning Consultants Suau Enterprises, Incorporated 2360 North Federal Highway Request for conditional use/major site plan modification approval for a 681 square foot building addition to an existing gas station/convenience store on a 0.48-acre parcel in the C-3 zoning district Gateway Shell (ZNCV 03-010 to 03-012) Beril Kruger, of Beril Kruger Planning & Zoning Consultants Suau Enterprises, Incorporated 2360 North Federal Highway Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d (1) requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 97- foot variance, resulting in a distance of 23 feet, and to allow an 88-foot variance for a second driveway, resulting in a distance of 32 feet from the intersection of Federal Highway and Las Palmas Avenue for an existing gas station business; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (3) requiring that driveways shall not be located less than thirty (30) feet from any interior property line to allow a 10-foot variance, resulting in a distance of 20 feet for an existing gas station business; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d. (4) requiring that driveways will be limited to one (1) per street frontage to 6509 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 allow two (2) driveways along the street frontage~for an existing gas station business. 2. Project: Agent: Owner: Location: Description: Project: Agent: Owner: Location: Description: Gateway Shell (ZNCV 03-013) Beril Kruger of Beril Kruger Planning & Zoning Consultants Suau Enterprises, Incorporated 2360 North Federal Highway Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (3) requiring a twenty (20) foot rear setback to allow a 10-foot variance, resulting in a rear setback of 10 feet for an addition to an existing gas station. Gateway Shell (ZNCV 03-014 and ZNCV 03- 015) Beril Kruger, of Beril Kruger Planning & Zoning Consultants Suau Enterprises, Incorporated 2360 North Federal Highway Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(a) requiring that no canopy shall be located less than twenty (20) feet from any property line to allow a 10.5 foot variance, resulting in a distance of nine (9) feet-six (6) inches for an existing canopy for a gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e.(b) requiring that no gasoline pump island shall be located less than thirty (30) feet from any property line to allow a 10.2 foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump island for a gas station business. 6510 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 Project: Agent: Owner: Location: Description: Gateway Shell (ZNCV 03-016 and ZNCV 03- 017) Beril Kruger, of Beril Kruger Planning & Zoning Consultants Suau Enterprises, Incorporated 2360 North Federal Highway Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.F.(1) requiring a ten (10) foot wide landscape buffer along the street frontage to include one tree ten (10) to fifteen (15) feet in height with a minimum three-inch caliper every forty (40) feet, a continuous hedge twenty-four (24) inches high, twenty-four (24) inches on center at time of planting with flowering groundcover to allow a variance of 10 feet, resulting in a zero (0) landscape buffer along the street frontage for an existing gas station building; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f.(2)(a) requiring a ten (10) foot wide landscape buffer on all interior property lines to allow a variance of eight (8) feet - six (6) inches, resulting in a one (1) foot-six (6) inch landscape buffer for an existing gas station. Project: Agent: Owner: Located: Description: Gateway Shell (ZNCV 03-023) Beril Kruger, of Beril Kruger Planning & Zoning Consultants Suau Enterprises, Incorporated 2360 North Federal Highway Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21, Signs, Article III. Section 5, requiring that all signs must meet a minimum ten (10) foot setback from the property line to the closest surface of the sign to allow a five (5) foot variance from the property line, 6511 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 resulting in a five (5) foot setback for an existing gas station business. Ed Breese, Senior Planner, distributed an updated matrix of the planning and zoning items for the Texaco/Shell station that was before the Board tonight. Chairperson Heavilin inquired if all the items could be heard together, and Eric Johnson, Planner, agreed to this. Mr. Johnson gave a history of events. In 2002, the owner of the property wanted to construct a building addition to the existing gas station. Staff determined at that time that the gas station was a legal non-conforming use, which prohibited any addition to the existing building. As a result, the applicant filed an Administrative Appeal that was heard by the City Commission. The Appeal was to reverse staff's determination and that the applicant be permitted to build the addition. When the City Commission heard the Appeal, they approved the applicant's request to build the addition. However, it was conditioned that the addition be limited to 600 square feet. Therefore, anything dealing with the site plan tonight would be for a 600 square foot addition, not 681 square feet. Staff has several conditions of approval that are based upon a 600 square foot addition and the applicant has agreed to a 600 square foot addition. If the item were approved, the plans would have to be revised to indicate the correct square footage. Mr. Johnson explained that the applicant submitted site plans in 2003 requesting conditional use approval for the building addition to the gas station, along with building a car wash on the adjacent property to the east. He pointed out that the applicant has abandoned the request for the car wash and tonight they would only 'be concentrating on the building addition and the nine variances. Staff reviewed the request for the building addition. Whenever there is a major site plan modification, the whole site has to be brought up to code. To do this for this site, it would require the approval of nine variances. Last year, staff, the CRA and the City Commission heard the request for conditional use and the nine variances. Staff recommended denial of two of the variances, but it was approved by the CRA and the City Commission that also approved the site plan. Since the time of that approval and now, the City Commission subsequently repealed that decision. Therefore, the applicant is present tonight to seek approval to build the addition to the gas station. Ms. Horenburger inquired if the Commission gave the reason for rescinding the approval. Mr. Johnson stated the decision was rescinded because there was no hardship for a variance. Mr. Johnson reviewed the site and pointed out where the addition would be built. The applicant is proposing to upgrade the parking lot by adding three new parking spaces. Eight of the nine variances pertain to existing conditions. One variance is for the building setback. The drive aisle on the property to the east has been abandoned and 6512 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 the three parking spots will be placed in this space. Whenever there is an 800 square foot of impervious area, a drainage p!an is required, which the applicant did submit. Staff reviewed this. Since the drive aisle is being eliminated, the 5' wide landscape buffer needs to be increased to 8.5' because the existing parking area encroaches into the 10' wide landscape buffer by 8'6". Staff has reviewed the request for conditional use and with the variances in place, the project complied with the standards for evaluating conditional uses. Staff is recommending denial of two of nine variances as follows: The request for the building setback to be reduced; and The relief for the existing pylon sign. By code, the sign needs to be lower in height and 10' feet back from the property line. The existing sign is only 5' from the property line. Staff feels that the sign could be eliminated, remodeled and pushed back. Attorney Payne requested that Mr. Johnson read the nine variances into the record. 1. The three variances dealing with the driveways are ZNCV 03-010, ZNCV 03- 011 and ZNCV 03-012. 2. The fourth variance relates to the building setback and is ZNCV 03-013, and staff is recommending denial. The fifth and sixth variances relate to the existing canopy and the gasoline pump islands. ZNCV 03-014 relates to the canopy and ZNCV 03-015 relates to the gasoline pump islands. The seventh and eighth variances deal with the existing landscape buffers and are ZNCV 03-016 and ZNCV 03-017. Staff is recommending approval of these variances with two conditions of approval as follows: v' The applicant will provide a substitute form of screening of the site along north Federal Highway where possible, such as planter pots or boxes. Staff recommends installing the Ixora "Nora" Grant that is proposed on the landscape plan at 36" in height at the time of installation, rather than 24" in height along Las Palmas Avenue. 5. The ninth variance request is ZNCV 03-023 and this relates to the sign set back. Staff is recommending denial of this request. Mr. Myott asked if the Board reviewed the Conditional Use Major Site Plan Modification first and denied this, the variances would be moot. Mr. Johnson stated that this was correct. Mr. Myott then asked if the Board should consider each variance individually first and then consider the Conditional Use. Chairperson Heavilin recommended hearing the Conditional Use first and then the variances. 6513 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 Ms. Horenburger inquired how a legal non-conforming use that would still be non- conforming could become a permitted use. Mr. Breese responded that the City Commission took action on the appeal of a staff decision to allow the 600 square foot expansion. The Board is being asked to consider the Conditional Use for the Major Site Plan Modification for the addition, since the ability to put the addition on has been agreed to by the City Commission. Ms. Horenburger inquired if the Board was considering the conditional use for the entire new plan along with the existing and additional improvements. Mr. Breese responded that this was correct. Mr. Breese noted that the property would become a legally non-conforming use. Mr. Fenton inquired if it would become legally non-conforming because it was not on a major intersection, which Mr. Breese stated was right. Mr. Breese also noted that there were a lot of non-conforming issues for the gasoline station because it was built in 1965 under a different code. Beril Kruger, of Beril Kruger Planning & zoning Consultants, assumed the podium and stated that he was representing the petitioner. The first time the items went to the City Commission, they approved the gasoline station with all the variances and the car wash. However, when the items came before the new City Commission, the applicant was requested to remove the car wash since the neighbors were against it, and he agreed to do so. The applicant at that time also agreed to upgrade the gas station and add the 600 square foot addition. In order to build the addition, the entire site must be approved for conditional use. If any portion of the request were removed, it would make it impossible for the applicant to continue business at this location. Mr. Kruger noted that a majority of the neighbors shop at the convenience store and buy gas and his client provides an important service in the neighborhood. Mr. Kruger was requested to deal with the two variances being denied. He pointed out that the addition would be used for dry storage only and the refrigeration units would be enclosed to cut down on the noise. They also plan to introduce a great deal of landscaping that would make the addition invisible from Las Palmas. With regard to the variance for the sign, if the applicant moved the sign back 10,' the development to the south of the applicant's property would block the sign. They are requesting that the sign be permitted at its current location. Mr. Kruger presented a drawing of the current sign, which is 33' in height. Ms. Horenburger felt if the sign were changed to a monument sign, it would be visible, to which Mr. Kruger did not agree. He pointed out that the applicant has already increased the landscaping around the sign as previously requested. Mr. Myott inquired why the addition was "T" shaped. Mr. Kruger stated it was designed this way to enclose the refrigeration equipment to cut down on the noise for the residence on the east. 6514 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 Mr. DeMarco inquired if the residents were aware of the applicant's petition and Mr. Kruger stated that every resident has known about it for three years. The residents also agreed that as long as the applicant eliminated the car wash, they would agree to the variances for the car wash. Mr. DeMarco noted that when the item was originally heard, he was opposed to the car wash because it would take up almost one-third of the lot and he was pleased that there would be no car wash. Ms. Horenburger felt that a large monument sign close to the road would benefit the applicant since the trees would eventually grow and block the current sign. Mr. Kruger did not think that the trees would block the sign at its current location. If the sign were moved in, it would be blocked. Chairperson Heavilin opened the public audience. Brian Edwards, 629 NE 9th Avenue, Boynton Beach, patronizes the gas station on a regular basis. Mr. Edwards pointed out that the owner of the property is trying to make the property blend in with the development taking place in the neighborhood. He pointed out that this is a very busy gas station and it is not located at a major intersection. He felt that enhancing the gas station with additional landscaping would be an improvement to the corner. Mr. Edwards was in favor of'approving the storage area in conjunction with approval of the variances that would add additional parking spaces that are needed at a very busy gas station. Lee Wische, 1302 SW 18th Street, Boynton Beach, Chairman of the Planning and Development Board, was familiar with this case for several years. He pointed out that the applicant has agreed to almost every request made by the City and all the neighbors are in favor of the addition to the storage area. Mr. Wische did not feel that adding an extension to the convenience store would cause any problems and that the storage was needed. He also did not feel that .the height of the sign posed any problems. In conclusion, he noted that all the neighbors are very fond of the applicant and the establishment is very clean. Mr. Wische urged the Board to approve all nine variances. Robert Michele, 637 Las Palmas Park, Boynton Beach, lives in the neighborhood of the gas station and noted that there is a continuing flooding problem on the street. He felt that adding an addition would take away more surface area, thereby increasing the flooding. He recommended adding some kind of barrier in back of the building to block the view of the back of the station. He also recommended that some method be devised so that the water on the property could be contained. Chairperson Heavilin pointed out that the drainage would be addressed at the time of permitting, which Mr. Johnson confirmed. Mr. Johnson pointed out that the only site being reviewed today is the gas station and not the property located behind the site. The applicant is only responsible for the water on the gas station. If there was a flood problem, it should be addressed to the Director of Public Works. Mr. Johnson also pointed out that staff reviewed the drainage plan and found it to be adequate and at the time of permitting all the drainage solutions would be resolved. 6515 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 Mr. Kruger stated that the applicant has gone through drainage plan approval and the site must retain the water from running off the site. Mr. Kruger pointed out that the landscape plan has heavy landscaping and he did not feel that the building would be visible from Las Palmas. Vice Chair Tillman was opposed to the practice of allowing non-conforming uses to continue in the City. He felt that projects should be built in accordance with the new Land Development Regulations and projects not in conformity should be brought up to code. He noted that legally non-conforming uses that continue to apply for variances perpetuate the non-conformity. Vice Chair Tillman stated that if this Board continued to approve variances, it gave an appearance that the Board supports non-conforming uses, which is contrary to one of the Board's missions, which is to eliminate non- conforming uses. He recommended that if the applicant wanted to do business at the current location, the building should be torn down and started over. Mr. Fenton was in favor of all nine variances 'and he would be making a motion for approval after the remainder of the Board speaks. He pointed out that the code under which the gasoline station currently does business dates back to 1965 and it is not located on a major thoroughfare. He was opposed to putting anyone out of business. Mr. Myott pointed out that the Planning and Development Board worked very hard to get the sign code revised. He was opposed to allowing this sign to remain in its current size and location. The City is working hard to get these non-conforming signs removed and the new projects coming in look a lot better. Mr. Myott also felt that the applicant was more concerned about increasing the grocery business than the gasoline station business. He also saw no reason for the grocery store to expand. Mr. Myott also was concerned about the quality of the materials used in the renovation. Chairperson Heavilin inquired if the site plan would come back to the Board and Mr. Johnson stated that it would not. Chairperson Heavilin agreed with Vice Mayor Tillman in not continuing non-conformity, but she was concerned that people that owned buildings before the current codes were enacted are being penalized for wanting to improve their property, while providing a viable service to the community. Mr. DeMarco was in favor of adding additional storage space as long as the neighbors did not oppose it. He also thought that the sign did need to be lowered, but he was prepared to allow the applicant to move forward with his plans. Many residents in that area have informed him that the applicant runs an excellent business. Ms. Horenburger stated that she could not support all nine variances. She could support the sign variance if the applicant agreed to adjust the height. She felt that if the Board allowed the variance for the rear setback, this would allow a legal non-conforming use to expand. Chairperson Heavilin noted that all the variances would have to be voted upon individually and that the items would still be going before the City Commission. 6516 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 Mr. DeMarco noted that the City approved the 600 square foot addition. Ms. Horenburger pointed out that the Commission has not yet approved all the variances and setbacks. Mr. Fenton did not think that the addition could be approved without approval of the variances. Mr. Breese noted that the addition could be approved without the variance if the applicant agreed to reconfigure the building so that it would not involve changing the setback. This is one of staff's recommendations and that is why staff is recommending denial because the applicant has created a self-imposed hardship. Mr. Breese further pointed out that the City agreed to allow a 600 square foot addition, but did not approve the configuration of the addition. Attorney Payne asked for clarification from staff on what the Board would be voting on. Mr. Breese reported that if the Board approved the variances as requested, the addition would be built as submitted with a 10' encroachment into the 20' setback. Attorney Payne inquired if the Board could approve the 600 square foot addition as a conditional use and then vote on the variance separately. Mr. Breese stated that is how the items are being proposed and the conditional use would be voted on first and then any variances subsequent to the conditional use would be dealt with individually. Chairperson Heavilin asked the applicant if they would be willing to reconflgure the addition. Mr. Kruger responded that they designed the addition this way to cut down on the noise from the refrigeration units. Mr. Kruger further stated that the landscaping alone would not cut down on the noise of the refrigeration units, but the addition would. Attorney Payne inquired what refrigeration units the applicant referred to. Mr. Kruger stated that there were two large coolers in the main building plus the air conditioning units on the outside that would be enclosed. Mr. Myott also thought that the niches in the building would be filled in with other kinds of storage and he felt that they were very large for equipment that was merely used for beer and milk coolers. Mr. Myott also thought that the addition could be designed in another fashion. Motion Mr. Fenton moved to approve the request for conditional use/major site plan modification approval for a 600 square foot building addition to an existing gas station/convenience store on a 0.48-acre parcel in the C-3 zoning district. Motion seconded by Mr. DeMarco. The Recording Secretary called the roll. The motion carried 4-2 (Vice Mayor Tillman and Mr. Myott dissenting). Motion Mr. Fenton moved to approve ZNCV 03-010. Motion seconded by Mr. Myott. Motion carried 5-1 (Vice Chair Tillman dissenting). Motion Mr. Fenton moved to approve ZNCV 03-011. Motion seconded by Mr. DeMarco. Motion carried 5-1 (Vice Chair Tillman dissenting). 6517 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida O~ober 12, 2004 Motion Mr. Fenton moved to approve ZNCV 03-012. Motion seconded by Mr. DeMarco. Motion carried 5-1 (Vice Chair Tillman dissenting). Motion Mr. Fenton moved to approve ZNCV 03-013. Motion seconded by Mr. DeMarco. Mr. Myott pointed out that this was the setback variance and staff has recommended denial. Vote The Recording Secretary called the roll. The motion failed 3-3 (V/ce Chair Ti#man, Ms. Horenburger, and Mr. Myott dissenting). Motion Mr. Fenton moved to approve ZNCV 03-014. Motion seconded by Ms. Horenburger. Motion carried 5-1 (Vice Chair Tillman dissenting). Motion Mr. Fenton moved to approve ZNCV 03-015. Motion seconded by Mr. DeMarco. The motion carried 5-1 (Vice Chair Tillman dissenting). Motion Mr. Fenton moved to approve ZNCV 03-016. Motion seconded by Mr. DeMarco. Mr. Myott pointed out that this was the variance dealing with landscaping. Ms. Horenburger inquired if the landscaping was located along Federal Highway. Mr. Breese responded that the landscaping was located along Las Palmas and Federal Highway. Vote The Recording Secretary called the roll. The motion failed 3-3. (Vice Chair Tillman, Ms. Horenburger, and Mr. Myott dissenting). Motion Mr. Fenton moved to approve ZNCV 03-017. Motion seconded by Mr. DeMarco. 6518 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 Vote The Recording Secretary called the roil. The motion failed 3-3. (Vice Chair Tillman, Ms. Horenburger, and Mr. Myott dissenting). Motion Mr. Fenton moved to approve ZNCV 03-023. Motion seconded by Mr. DeMarco. Vote The Recording Secretary called the roll. Motion failed 4-2 (Chair Heavilin, Vice Chair Tillman, Ms. Horenburger and Mr. Myott dissenting). C. Site Plan Time Extension Project: Agent: Owner: Location: Sunbelt Hydraulics (SPTE 04-008) Joseph Houston, Kerns Construction, Inc. C & C Realty Investments Lot 9 West Industrial Avenue Description: Request for a second one (1) year time extension of the site plan approval originally granted on August 6, 2003, from August 6, 2004 to August 6, 2005 Mr. Breese, Principal Planner, presented the item on behalf of staff. The property's proposed use would be for a one-story, 12,480 square foot industrial building with related parking. The business would service truck bodies. Chairperson Heavilin inquired why the applicant was seeking a one-year extension. Mr. Breese pointed out that a major customer of the applicant requested to re-bid their services contract. Because the applicant was not sure if they would continue servicing this customer, they had to stop the process until that was determined. The contract has been renewed and the applicant is now ready to proceed. Permit plans were submitted on June 30th and they are in the process of moving forward, but now need a time extension. Staff recommends approval. Chairperson Heavilin opened the public audience. Since no one wished to speak, the public audience was closed. Motion Ms. Horenburger moved to approve a second (1) year time extension of the site plan approval originally granted on August 6, 2003, from August 6, 2004 to August 6, 2005. Motion seconded by Vice Mayor Tillman and carried 5-0 (Mr. Fenton had left the dais). 6519 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 2. Project: Agent: Owner: Location: Description: Boynton Beach Marina Townhomes (SPTE O4-OO7) ~ Bonnie MiSkel, Ruden McCIosky TRG - Boynton Beach Ltd. 734 NE IS=Avenue Request for a one (1) year time extension of the site plan approval granted on July 15, 2003, from July 15, 2004 to July 15, 2005 Ed Breese, Principal Planner, presented the item on behalf of staff. Mr. Breese explained that the townhomes were a small part of a much larger project. The Mediation Agreement and securing all the permits necessary for this large project resulted in the applicant devoting most of their time to these items. The applicant has now received their permits and is ready to move forward with the marina plans. Staff is recommending approval. Chairperson Heavilin opened the public audience. Since no one wished to speak, the public audience was closed. Mr. Myott inquired if the townhouse plans as originally designed were in for permitting. Mr. Breese stated that they have been submitted and there are no changes. Motion Ms. Horenburger moved to approve the request for a one (1) year time extension of the site plan approval granted on July 15, 2003, from July 15, 2004 to July 15, 2005. Motion seconded by Mr. DeMarco and unanimously carried. RECESS WAS DECLARED AT 8:18 P.M. THE MEETING RECONVENED AT 8:28 P.M. VII, Director's Report Mr. Hutchinson reported that he attended two conferences, one being the Florida Redevelopment Association in Hollywood, Florida. He noted that Boynton Beach per capita is the most active CRA in the State of Florida and was mentioned several times during the lectures. Also present with Mr. Hutchinson was Chairperson Heavilin, Mr. Myott, Mr. DeMarco and Ms. Horenburger. Chairperson Heavilin noted that when they first started to attend this Conference, Boynton Beach was one of the newest CRAs. After attending the Conference this time, she and the members felt that they had surpassed many of CRAs in terms of programs and achievements. Mr. Hutchinson stated that this CRA is being used as a benchmark for other CRAs. 6520 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 The second Conference he attended was the International Downtown Association. As Boynton Beach becomes an actual downtown, there are many issues that must be dealt with. He obtained a great deal of insight that he would be sharing with the members at various workshops. Next year, he anticipates that they will be able to invite the City Commissioners and some staff from planning. The next IDA Conference will take place next September in Denver. Mr. Hutchinson proposed a Board retreat sometime in November to discuss programs and priorities. Mr. Fenton inquired why the Museum Feasibility Study was not on the agenda. Mr. Hutchinson said that he would speak with Mr. Fenton on this. As soon as the Study is available, it will be presented to the Board. Chairperson Heavilin requested that the Police provide definitions for the codes they use in their reports so they would be understandable to a layperson. Mr. Hutchinson is aware of this problem. He pointed out how active the Police have been. The community has welcomed them and other communities are now requesting the same services. VIII. Old Business Consideration of Direct Incentive Application for the Promenade at Boynton Project Mr. Hutchinson explained that the applicant has requested a $2 million upfront loan against the increment. The Incentive Application is similar to The Arches, but that was under different circumstances. Mr. Hutchinson further noted that even if the Board wanted to comply with the request, the CRA does not have the funds. Mr. Hutchinson reviewed the scoring process for a project receiving a Direct Incentive. Much of the scoring is done by a set formula. Staff has scored this project based upon the criteria within the incentives and it totals 68 points. This translates to the developer receiving 68% of the incentive program, if no other points were awarded. The Board, however, is allowed 40 subjective points that could be added to staff's scoring. Scoring rewards behavior and style of the project that the CRA wants to encourage coming in to the City. The Board is allowed to adjust any of the points, including the 68 points awarded by staff. Mr. Hutchinson referred to his memo in the agenda packet that contains benchmarks that should be considered in the scoring. Some of these benchmarks include excess parking, public improvements, and public areas. This project has more public space than any other downtown project submitted to date. The developer is proposing to design a raised concrete stage that could be tented with a plaza in order to utilize the park area. This will provide a great venue for entertainment. All these costs would be borne by the applicant. The final design would be subject to the CRA's review and the Parks Department. 6521 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 Mr. Hutchinson felt that this project sets a new standard for benchmarks and creates a great cityscape. The design of the project presents a Mizner-type area between the cityscape and the buildings that are set way back from Federal Highway. The architecture is classic with good detail. The developer is the first developer to make a commitment to public art in the City and the project will be the first condo-hotel in the downtown area. Chairperson Heavilin requested a motion to remove the item from the table. Motion Vice Chair Tillman moved to remove the item from the table. Motion seconded by Mr. Myott and unanimously carried. Mr. Hutchinson noted that the memorandum in the agenda packet has typographical errors and he will be furnishing a corrected one.' Vice Chair Tillman felt that the Board should stay with the guidelines that have been set for recipients of the Direct Incentive Program, which is to receive their funds when the project is completed, is on the tax rolls, and pays taxes. He was opposed to granting any funds prior to these occurrences. Mr. Hutchinson concurred with Vice Mayor Tillman and noted that the Direct Incentive Program is a performance-based program and that the rules must be adhered to. Mr. Hutchinson explained that the 68% scoring he came up with is the base points that the applicant scored before the Board's input. Mr. Hutchinson pointed out that the Program has no loan provisions and is an incentive program. He is requesting that the Board score the project based upOn funding after the project goes on the tax rolls and the City receives its money. At that point the applicant would receive their incentive funds. The Program provides that the developer could receive up to 50% of the new tax money that the project generates over a 10-year term. Mr. Fenton inquired if the incentive would max at $2 million. Mr. Hutchinson stated that it did not have a cap: the bigger the project, the larger the incentive. The formula provides that the developer would receive 50% of the revenue. In this particular case the developer is seeking a $2 million loan upfront against those funds. Mr. Hutchinson pointed out that over a 10-year period the developer would receive a great deal more money than $2 million. Mr. Fenton inquired if the Board is being asked to complete the scoring tonight and Mr. Hutchinson responded affirmatively. After the scoring, staff could prepare the necessary documents that would include the formula figure and then award the project. Mr. Myott inquired if the conformance of the project, after it is completed, would be checked against the scoring. Mr. Hutchinson responded that if developer made any changes to the site plan, it would come back to this Board for approval. Mr. Myott inquired how the affordable housing portion of the project would be checked and Mr. 6522 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 Hutchinson stated that there would be a system in place to check this every year for 10 years. Mr. Myott inquired if the incentive award could be transferred to different owners and Mr. Hutchinson stated that it could be transferred with approval of this Board. Mr. Hutchinson pointed out that they want to see the project built and on the tax rolls. He also noted that there was language in the contract that stated, that approval of the transfer of the incentive award would not be unreasonably withheld, but that the Board must be notified. Members next discussed scoring the project. Each member's scoring would be added up and then divided by the number of members to attain an average. Any scoring over 100% would not count. Mr. Fenton asked Mr. Hutchinson why he only gave the developer a score of 5 points for "Economic Impact." Mr. Hutchinson explained that this category could be scored from 5 points to 15 points and it would depend upon the economic impact that the project would have upon third parties. Mr. Fenton felt that the economic impact that this project would have upon the City would be much greater and that this score should be higher. The scoring of the members were as follows: Don Fenton Alexander DeMarco Vice Mayor Tillman Mr. Myott Ms. Horenburger Chairperson Heavilin 32 points 32 points 30 points 20 points 32 points 35 points The scoring averaged 30.17 points and was rounded off to 30 points. Adding staff's scoring of 68 points gave the developer a total of 98 points. This equates to the developer receiving 98% of the 50% increment due to them. Motion Mr. Fenton moved that the Incentive Project be set at 98% of the allotted amount of TIF income for the Panther Group Project (The Promenade). Motion seconded by Ms. Horenburger and unanimously carried. Mr. Hutchinson will bring the Incentive Program documents back to the Board. (Vice Chair Tillman left the meeting at 9:05 p.m.) IX. New Business Consideration of Review and Approval of Promenade 90% Drawings and Authorization to submit same for SFWMD Approval 6523 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 Mr. Hutchinson noted that the Board has seen the 30% drawings and since those drawings, there have been changes to minimize mitigation impacts. He wanted the Board to review the drawings before they are forwarded to South Florida Water Management District (SFWMD). Chairperson Heavilin noted that Option 7 in the agenda packet does not match the plans that she has. Dennis Haines of Burkhardt Construction stated that Chairperson Heavilin was correct. The bound set of plans that the members have are the correct plans that will be submitted to SFWMD. The plans in the agenda packet are schematic renderings of the color theme. Mr. Haines noted that when they first presented the 15% plan to the Board, the Board asked them to proceed with the 90% plan and to discuss it further with Chairman Finkelstein and Mr. Hutchinson. The plans presented tonight are the result of those discussions. Mr. Hutchinson pointed out that the walkway has been expanded to allow for the maximum size pedestrian area. Mr. Haines explained that if the Board approved the plan, the permit applications would be submitted to the SFWMD and to the Army Corps of Engineers. There have been initial meetings with both these agencies and they think what they are submitting is what those agencies are looking for. Mr. Fenton asked how the applications would be submitted. Mr. Hutchinson responded that there was actually one application that would be filed simultaneously with both agencies. The SFWMD would first approve the plan. It is possible that the Army Corps of Engineers may have issues that they want to address after the SFWMD approval. Mr. Haines noted that in most cases after SFWMD approval, the Corps of Engineers would go through their public notice process and approve the plans, but they do have the right to make additional comments. Mr. Haines explained that the difference between the 90% and the final construction documents would be if the permitting entities impose any requirements upon the plan or other construction details that may need to be addressed in the 100% plan. Mr. Hutchinson pointed out that the plans required a tremendous amount of design work that took a great deal of time. Chairperson Heavilin inquired if colors should be included in these plans and Mr. Haines stated that this did not need to be addressed at this time. Burkhardt's design professional spoke with the design professional for Marina Village regarding the colors of their light poles. Chairperson Heavilin thought that it was important for all these projects to be integrated in terms of colors. Mr. Hutchinson pointed out that there are no public restrooms in this public area. Also, there is no area for a public safety vehicle when events are taking place. He would like these two items addressed at a future date. 6524 21 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 Motion Mr. Myott moved to approve the 90% design drawings and to submit them to the South Florida Water Management District. Motion seconded by Ms. Horenburger. Chairperson Heavilin requested that the Army Corps of Engineers be added to the motion. Mr. Myott amended his motion to include the Army Corps of Engineers. The motion carried unanimously. Consideration of Burkhardt Construction Work Authorization Number Seven for Off-Site Water Main Improvement Pass-Through Contract for the City of Boynton Beach Mr. Hutchinson stated that the CRA has a letter on record from Assistant City Manager Dale Sugerman pledging that the City would reimburse the CRA on the pass-through. He also pointed out that the City has been involved in the design interface for the pass- through. Mr. Hutchinson stated that Burkhardt Construction has been working closely with the City on this. He pointed out that it was important that the Board approve the contract and if the Board so chose, it could be contingent upon any additional assurances that the Board would like from the City. Mr. Fenton asked if Mr. Sugerman had the authority to give this approval, and Mr. Hutchinson stated that he did. Mr. Fenton also asked if there was a time certain on repayment to the CRA for these costs, and Mr. Hutchinson stated there was none. Mr. Hutchinson said that the CRA would be repaid in three days after the City is invoiced. Attorney Payne pointed out that there is no contract with the City. Mr. Hutchinson noted that the CRA has a letter of agreement. Mr. Fenton pointed out that the Board is being asked to spend $357,000 based upon a letter. Motion Ms. Horenburger moved to approve the Burkhardt Construction Work Authorization Number Seven for off site water main improvement pass-through contract for the City of Boynton Beach. Motion seconded by Mr. DeMarco. Chairperson Heavilin had concerns about signing a work authorization without having a written contract with the City. She would approve the request if the Board's Legal Counsel reviewed the letter from Dale Sugerman and approved the contract. Attorney Payne pointed out that they only have the commitment from Mr. Sugerman; they do not have an agreement with the City. Ms. Horenburger requested to restate her motion. 6525 22 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 Motion Ms. Horenburger moved to approve the Burkhardt Construction Work Authorization Number Seven for off site water main improvement pass-through contract for the City of Boynton Beach, subject to an Interlocal Agreement. Mr. Hutchinson pointed out that an Interlocal Agreement would have to be reviewed by the Board first. Ms. Horenburger amended her motion further. Motion Ms. Horenburger moved to approve the Burkhardt Construction Work Authorization Number Seven for off site water main improvement pass-through contract for the City of Boynton Beach, subject to an Interlocal Agreement on this item only. Mr. DeMarco amended his second of the motion. Mr. Myott inquired what the pass-through involved. Mr. Hutchinson explained that this was for the looping for all the big projects that include the Promenade, the Bank America site, Marina Village, etc. Mr. Haines stated that this would give all those projects the flow calculations needed for their water mains. Vote The motion unanimously carried. Chairperson Heavilin inquired if the Board wanted to continue the meeting to another date orto carry on. Motion Ms. Horenburger moved for continuation of the meeting. Motion seconded by Mr. Myott. Chairperson Heavilin pointed out that a motion was not necessary. C. Consideration of Items Regarding CRA Bond Issue Ms. Horenburger noted that there was a reference to Section 4-2 of the RFP regarding Technical Qualifications and there was no Section 4-2 in the RFP itself. Susan Vielhauer, CRA Controller, will correct the renumbering of the RFP. Ms. Horenburger inquired how the selection process would work. Ms. Vielhauer responded that she worked with the CRA Financial Advisor, Julie Turner, to develop the RFP. Ms. Turner has recommended that all the submittals would come to the CRA staff, 6526 23 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 with copies to Ms. Turner. Ms. Turner will review them and come back to the November meeting with a recommendation for the underwriter. Julie Turner, of RBC Dain Rauscher, the CRA's Financial Advisor, explained that the Board would be selecting the underwriter. Once the underwriter is selected it would be a negotiated sale versus a competitive sale of the bonds. The underwriter is paid based upon a negotiated underwriting fee that will be negotiated with the underwriter. This will be set forth in a Bond Purchase Agreement that would be sold after the bonds are sold. The underwriter is selected upon the criteria enumerated in the RFP. Mr. Fenton inquired where the RFP would be advertised, and Ms. Turner responded in The Palm Beach Post. Also the RFP will be sent to firms that provide underwriting services. Ms. Vielhauer explained that this item is being brought to the Board in accordance with the timetable set forth in the agenda packet. Ms. Turner noted that the timetable is subject to change because there are third parties involved that they have no control over. If there are delays, it may be necessary to have a special meeting at the end of November. Motion Ms. Horenburger moved to approve the RFP for underwriting services. Motion seconded by Mr. Myott and unanimously carried. Motion Ms. Horenburger moved to recommend that Julie Turner, the CRA Financial Advisor, review submittals and select the qualified candidates at the next Board Meeting. Motion seconded by Mr. Myott and unanimously carried. Ms. Vielhauer noted that Mark Raymond, the CRA Bond Counsel, prepared a Resolution that needs to be adopted by the Board. The Resolution will allow the CRA to be reimbursed for its expenditures. Attorney Payne read Resolution 04-02 by title only. Motion Ms. Horenburger moved for approval of Resolution No. 04-02. Motion seconded by Mr. Fenton and unanimously carried. D. Consideration of Assembly and Redevelopment Incentive Grant Program Mr. Hutchinson noted that this program had been discussed at workshops. The application has since been revised for clarity. He anticipates that the program will have 6527 24 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 a positive benefit for the area. The grant is a 50/50 grant and is identical to what was discussed during the workshops. ~ Mr. Fenton reported that he has received several negative calls from the general public regarding this program. These are people who own property in the downtown area that have no comprehension of what is involved in the program. Mr. Fenton did not feel that they did a very good public relations effort on behalf of the downtown property owners. Mr. Hutchinson responded that seven letters were sent to the property owners. Also staff has held several meetings, to which the property owners were invited. He explained that this is a learning process and it is each property owner's decision whether they want to participate or not. Mr. Hutchinson has not received any negative calls regarding the program and he has met with over 12 citizens. He did not think that anyone that he has met with left mad or were under the assumption that their property would be taken. The whole point of the program is if a group of people want to get together and market their property as a whole, the costs are high and the CRA will help with these costs on a 50-50 basis, if any of these groups decide not to move forward, the CRA would request their money back. Mr. Hutchinson also pointed out that this is strictly voluntary and the CRA acts as a go-between for the property owners to insure that they receive the correct information. Mr. Hutchinson also reported that there are two areas that are really excited about the program and have already submitted checks. The letters that have gone out do not ask the property owners to sell their property, they merely ask if they would like to join their neighbors in attending a series of meetings. He noted that many people are being pressured by developers and are upset about what is going on. Mr. Fenton inquired why the program only applies to mixed-use Iow and mixed-use high. Mr. Hutchinson explained that these two areas require the most assembly to achieve the necessary density. Mr. DeMarco noted that he and Mr. Hutchinson visited with a group of 11 people that were against the entire program because ignorance breeds suspicion. Mr. DeMarco has since learned that Mr. Hutchinson revisited with this group that has now agreed to work as a team. Mr. Hutchinson confirmed this and stated that he has already received checks from these people. This involves almost three acres on Boynton Beach Boulevard in an area that needs redevelopment. Mr. Hutchinson explained that it is the CRA's role to abate these rumors and to assist people in achieving their goals by working together. Mr. DeMarco noted that communities that have good communication were successful in their efforts. Mr. DeMarco would like to see the CRA do even more communicating to educate the public on what is going on. Mr. Hutchinson pointed out the importance of having a Web site and newsletter and in addition, the Annual Report will be available soon. 6528 25 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 Motion Ms. Horenburger moved for approval of the Assembly and Redevelopment Incentive Grant Program Guidelines and the Program Agreement. Motion seconded by Mr. Myott and unanimously carried. Mr. Hutchinson reminded the Board that each agreement would come to the Board for approval. E. Consideration of Single Family Residential Fagade Grant Program This grant program mimics the commercial fagade grant program. The purpose of this program is to bring up neighborhood standards. The property must be owner-occupied and certain criteria need to be met. Chairperson Heavilin had some questions regarding the guidelines. She felt that a definition of "a home that faces main and/or secondary access streets" was needed. Mr. Hutchinson responded that this means if a person has a home, wherever it faces, it would be eligible. He was trying to avoid having a person apply for a grant for a detached garage that is behind a house and does not face anything. Mr. Hutchinson stated that staff would clarify this language. Mr. Fenton inquired if $15,000 was too high for a residential fagade program. Mr. Hutchinson pointed out that the recipient of the grant must match it 100%. Chairperson Heavilin inquired who would determine the value of "sweat equity" and how would that be monitored. Mr. Hutchinson explained that the grant states the property owner must submit the costs for the materials and sweat equity could equal the amount of the materials. Mr. Hutchinson explained that the person doing the work would not receive any money; they would get credit for doing the work. Ms. Horenburger pointed out that the grant agreement states that all work must be in compliance with City building codes and all contractors must be licensed in Boynton Beach and Palm Beach County. Mr. Hutchinson responded that some work does not require a contractor. Mr. Myott noted that there is a list of items in the Building Division that does not require a licensed contractor. Mr. Hutchinson stated that the recipient of the grant must comply with all City codes. Ms. Horenburger pointed out that there is a hold harmless clause if no contractor is involved. Motion Ms. Horenburger moved for approval of the Single Family Owner Occupied Residential Fagade Improvement Grant Program Guidelines and Program Agreement as proposed. Motion seconded by Mr. Myott and unanimously carried. 6529 26 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 F. Consideration of Recommendations of Legal Selection Committee Mr. Hutchinson reported that there were two finalists from the responses received. The Selection Committee is recommending that the two finalists attend a Board meeting for interview purposes. The Board could review all seven responses, but the Committee is recommending that only the two finalists be interviewed. The finalists are Nancy Stroud of Weiss, Serota, Helfman, Pastoriza, Guedes, Cole and Boniske, P.A. and Kenneth F. Spilias of Lewis, Longman & Walker, P.A. Mr. Fenton recommended inviting them to a 5:30 p.m. workshop that could precede the regular November Board meeting. There was a consensus to proceed this way and Attorney Payne stated that the workshop prior to the meeting needed to be noticed. X. Commission Action Xl. Board Member Comments XII. Legal XlII. Other Items XlV. Future Agenda Items A. Consideration of Interlocal Agreement with the City of Boynton Beach for the Boynton Beach Boulevard Extension Promenade and Riverwalk (November) B. Consideration of Interlocal Agreement for the MLK Phase 1 Project C. Consideration of CRA Workshop (November) D. Consideration of Executive Director's Employment Contract (November) E. Interview and Selection of New Legal Representation for the CRA (November) F. Consideration of CRA Amended 2004/2005 Budget (November) G. Consideration of Amendment to CRA Procurement Policy (November) H. Consideration of Modification to the Direct Incentive Program to include Arts Commission Elements for Incentive Scoring (December) I. Consideration of Arches Project Site Plan and Incentive Amendment (TBD) 6530 27 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida October 12, 2004 XV. Adjournment There being no further business the meeting properlY adjourned at 10:10 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (October 15, 2004) 653l 28 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: September Financials DATE: October 27, 2004 INCOME STATEMENT NOTES We received 5,190.17 for the month of Septeml~er in interest from the Money Market Account this month. BALANCE SHEET NOTES Cash and Cash Equivalents include $56,061.68 operating account, $3,916,011.99 money market account and $500 petty cash. Account Payable expenses of $264,087.66 were paid in full in October 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 ail accounts as of the first of the month. Current Revenues received this month include $5,190.17 in interest. Currently the % of budget remaining should be 0% of the total approved budget. The following categories are below or above the 0% average by 10% or more due to the following reasons: 6532 1. Retirement 457 Plan - Currently, only one employee is participating; however others will be joining soon. 2. Short 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 have declined over the past three month's average. 5. City Staff- Under, due to decline in CRA workshops and shorter meetings. 6. Contract Services - Under, due to timing of projects and the billing cycles. 7. Audit - Under, due to additional services were not needed as budgeted. 8. IT Support - Under, due to billing cycle at the City of Boynton Beach 9. Phone Expense - Under, due to reduction in plans on the cell phones and change in the phone company to FDN to lower cost. 10. Electric Expense - Over, due to higher electric cost than budgeted. Staff will be requesting additional funds in this category. 11. Professional Insurance - Under, due to delay in insurance renewals due to the Hurricanes. 12. Promotional/Business/CRA Meeting/Presentation/Association Meetings - Under, due to staff utilizing the conference room for more meeting. 13. Seminars - Over, due to Staff and CRA Board attendance at the International Downtown Association and Florida Redevelopment Association Conferences. Staff will be requesting additional funds in this category. 14. Mileage & Delivery Services - Over, due to additional delivery needs. Staff will be requesting additional funds in this category. 15. Office Expense - Under due to, efficient purchases of CRA Board and Office Supplies. 16. Licenses, Fees & Permits - Under due to, costs do not occur at given intervals. 17.Career development - Under due to, cost do not occur at given intervals. 18. Office Printing Expense - Under due to, cost do not occur at given intervals. 19. Office Equipment/Furniture - Under due to, delay in moving to new offices till October. Budget will be rolled into the New Year. 6533 20. Office Leasehold improvements - Under, due to delay in moving to new offices till October. Budget will be rolled into the New Year. 21.Web Site Update/Expansion - Under, due to website is still under construction. 22. Printing & Promotional Program - Under, due to annual repor[s are being printed in the month of October. 23. Marketing & Promotional - Under, due to reversal of budget roll over. Staff will transfer back. 24. Police Program - Under due to timing on billing and new program. 25. Festivals/Events/Business Programs - Under due to cost do not occur at given intervals. 26. Fa~;ade Grants - Under, due to existing grant are not complete at this time. Approved Fa(;ade Grants Boynton Boundless LLC Delray-Boynton Academy Colonial Condo Assoc. Sailfish Realty Saint Mark Chumh Welsh Plastering $15,000 $15,000 $15,OOO $ 9,226.17 $15,OOO $ 1,600 27. 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 Innovative Windows Concepts $25,000 Delray-Boynton Academy $50,000 28. Riverwalk/Promenade Project - Under due to timing of construction, this has begun. 29. HOB Commercial Improvements - Over due to timing of purchases. 30. Marina Parking Garage - Under due to timing of projects. 31. Miscellaneous Projects - Under due to timing of projects. 6534 Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds September 30, 2004 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 3,972,573.67 221,886.73 1,027.28 $ 869,209.96 $ $ $ $ $ $ $ $ 440,168.58 $ 26,149.42 $ (5,074.41) $ 5,525,941.23 $ 264,087.66 $ 34,185.58 $ 2,752,345.10 $ 3,050,618.34 $ 3,295,835.16 $ (820,512.27) $ 2,475,322.89 $ 5,525,941.23 6535 Boynton Beach CRA Income Statement September 30, 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 YTD Current Total $0.00 $2,517,634.74 $2,517,634.74 $0.00 $2,517,634.74 $2,517,634.74 $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $5,190.17 $60,384.65 $65,575.02 $5,190.17 $60,384.85 $65,575.02 $0.00 $6,070.00 $6,070.00 $0.00 $6,070.00 $6,070.00 $5,190.17 $2,584,069.59 $2,589,279.76 6536 Boynton Beach CRA 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 Facade 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 Current YTD Current Total $68,598.84 $64,715.95 $133,314.79 $~4,844.36 $88,862.08 $183,706.44 $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $0.00 $0.00 $0.00 $163,443.20 $153,578.03 $317,021.23 $5,516.79 $10,104.70 $15,621.49 $0.00 $1,412.60 $1,412.60 $32,079.67 $248.37 $32,328.04 $0.00 $0.00 $0.00 $4,053.28 $31,539.50 $35,592.78 $0.00 $0.00 $0.00 $10,489.00 $18,393.00 $28,882.00 $7,031.00. $9,752.00 $16,783.00 $0.00 $0.00 $0.00 $59,169.74 $71,450.17 $130,619.91 $406,545.91 $1,585,922.51 $1,992,468.42 $0.00 $11,462.63 $11,462.63 $0.00 $51,985.66 $51,985.66 $0.00 $157,500.00 $157,500.00 $0.00 $0.00 $0.00 $10,000.00 $40,162.30 $50,162.30 $0.00 $10,710.00 $10,710.00 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 $416,545.91 $1,857,743.10 $2,274,289.01 $15,254.37 $190,198.87 $205,453.24 $1,197.33 $12,807.25 $14,004.58 $0.00 $1,601.25 $1,601.25 $200.00 $1,600.00 $1,700.00 $3,291.33 $12,578.66 $15,869.99 $159.52 $1,501.01 $1,660.53 $1,135.88 $14,985.97 $16,121.85 $71.41 $501.05 $572.46 $0.00 $5,975.00 $5,975.00 $280.96 $4,255.82 $4,536.78 $7,700.02 $252,283.24 $259,983.26 $8,398.81 $51,282.76 $59,681.57 $417.31 $3,091.06 $3,508.37 $0.00 $10,445.00 $10,445.00 $0.00 $15,111.41 $15,111.41 $483.67 $5,258.82 $5,742.49 $398.47 $1,813.87 $2,212.34 $367.75 $3,990.25 $4,358.00 $942.00 6537 $0.00 $942.00 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 Boynton Beach CRA Income Statement Current $1,067.87 Current Total $94.36 $1,067.87 $1,162.23 $33.55 $294.05 $327.60 $29.42 $2,880.35 $2,909.77 $836.02 ~ $3,114.19 $3,950.21 $943.75 $1,074.92 $2,018.67 $62.69 $142.23 $204.92 $3,416.94 $10,819.10 $14,236.04 $242.39 $1,081.74 $1,324.13 $276.92 $3,184.58 $3,461.50 $1,000.86 $8,322.48 $9,323.34 $147.07 $916.58 $1,063.65 $0.00 $1,675.69 $1,675.69 $69.56 $364.62 $434.18 $173.25 $3,695.18 $3,868.43 $13.72 $374.96 $388.68 $565.25 $1,276.50 $1,841.75 $0.00 $1,781.79 $1,781.79 $88.20 $3,655.97 $3,744.17 $1,528.50 $0.00 $1,528.50 $0.00 $167.15 $167.15 $349.55 $2,603.98 $2,953.53 $0.00 $15.83 $15.83 $50,170.83 $638,743.09 $687,861.88 $689,329.68 $2,721,514.39 ' $3,409,792.03 __($684,139.51) __($137,424.80/ ($820,512,27) 6538 September 30, 2004 ~ 'qning Balance Total Revenue Expenditures Personnel Cost Professional Services City Staff Property/General Insurance Bond/Liability Insurance Office Supplies Office Expense Office Supplies Community Redevelopment Agency of Boynton Beach Amended Year To Current YTD 03/04 2003/2004 Budget Date Period Totals Including Budget Budget Sept 14, 2004 Totals Sept Current Month Remaining 4,751,917.00 5,207,162.00 5,207,162.00 4,844,589.99 5,207,162.00 % of Budget Remaining 2,361,158.00 2,517,635.00 2,517,634.74 0.00 2,517,634.74 0.00 0.00 0.00 · 0.00 0.00 75,000.00 48,010.00 60,384.85 5,190.17 65,575.02 0.00 715.00 700.00 0.00 700.00 0.00 0% 0.00 N/A 0.00 0% 0.00 N/A 7,188,075.00 2,566,360.00 2,578,719.59 5,190,17 2,583,909.76 0.00 207,500.00 207,500.00 190,198.87 15,254.37 205,453.24 2,046.76 1% 15,563.00 15,563.00 12,807.25 1,197.33 14,004.58 1,558.42 10% 9,375.00 9,375.00 1,500.00 200.00 1,700.00 7,675.00 82% 0.00 2,000.00 1,601.25 0.00 1,601.25 398.75 20% 1,824.00 2,324.00 2,428.81 0.00 2,428.81 -104.81 -5% 16,800.00 16,800.00 14,985.97 1,135.88 16,121.85 678.15 4% 540.00 644.00 501.05 71.41 572.46 71.54 11% 251,602.00 254,206.00 224,023.20 17,858.99 241,882.19 12,323.81 5% 44,000.00 76,742.00 511282.76 8,398.81 59,681.57 17,060.43 6,000.00 6,000.00 4,255.82 280.96 41536.78 1,463.22 170,000.00 340,217.00 252,283.24 7,700.02 259,983.26 80,233.74 7,500.00 7,500.00 5,975.00 0.00 5,975.00 1,525.00 2,800.00 3,350.00 3,091.06 417.31 3,508.37 -158.37 13,360.00 14,860.00 10,445.00 0.00. 10,445.00 4,415.00 243,660.00 448,669.00 327,332.88 16,797.10 344,129.98 104,539.02 22% 24% 24% 2O% -5% 3O% 43% 14,112.00 14,112.00 15,111.41 0.00 15,111.41 -999.41 7,800.00 7,800.00 5,258.82 483.67 51742.49 2,057.51 26% 1,875.00 1,875.00 1,813.87 398.47 2,212.34 -337.34 -18% 23,787.00 23,787.00 22,184.10 882.14 23,066.24 720.76 3% 4,356.00 4,356.00 3,990.25 367.75 4,358.00 -2.00 0% 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 3,114.19 836.02 3,950.21 849.79 18% 3,000.00 3,000.00 1074.92 943.75 21018.67 981.33 33% 504.00 504.00 142.23 62.69 204.92 299.08 59% 6,735.00 6,735.00 10,819.10 3,416.94 14,236,04 -7,501.04 -111% 1,080.00 1,080.00 1,081.74 242.39 11324.13 -244.13 -23% 3,600.00 3,600.00 3,184.58 276.92 3,461.50 138.50 4% 19,719.00 19,719.00 19,416.76 5,778.71 25,195.47 -5,476.47 -28% 1,500.00 1,500.00 916.58 147.07 1,063.65 436.35 29% 7,500,00 9,000.00 8,322.48 1,000.86 9,323.34 -323.34 9,000.00 10,500.00 9,239.06 1,147.93 10,386.99 113.01 1% 1,250.00 1,250.00 364.62 69.56 434.18 815.82 65% 3,316.00 3,852.00 3,695.18 173.25 3,868.43 -16.43 0% 500.00 500.00 374.96 13.72 388.68 111.32 22% 5,066.00 5,602.00 4,434.76 256.53 4,691.29 910.71 16% Advertising & Public Notices 4,000.00 2,000.00 1,276.50 565.25 1,841.75 158.25 8% Career Development 4,000.00 4,000.00 1,781.79 0.00 1,781.79 2,218.21 55% Office Printing Expense 4,500.00 4,500.00 3,655.97 88.20 3,744.17 755.83 17% M' laneous Expense 500.00 500.00 182.98 0.00 182.98 317.02 63% 6539 Amended Current YTD Totals 03/04 2003/2004 2003/2004 Year To Date Period Including Current Budget Budget Budget Totals September Month Remaining Debt Service Principal Payment 134,925.23 134,925.23 64,715.95 68,598,84 133,314.79 1,610.44 1% ' '~rest Expense 182,372.73 182,372.73 88,862.08 94,844.36 183,706.44 -1,333.71 -1% ~t Issue 1 200,000.00 0.00 0.00 0.00 0.00 0.00 0% ~5~nking Fund 20,000.00 0.00 0.00 0.00 0.00 0.00 0% issuance Cost 60,000.00 0.00 0.00 ~ 0.00 0.00 0.00 0% Total Debt Service 597,297.96 317,297.96 153,578.03 163,443.20 317,021.23 276.73 0% Operating Expense '1,t73,175.96 1,100,847.96 775,754.88 207,'185.80 982,940.68 117,907.28 6540 PROGRAMS rw-~-! EquipmentJFurnlture ~ Leasehold Improvements Web Site Update/Expansion Printing & Promotional Program Marketing and Promotions Police CBD & HOB Total Police Transportation/Trolley Festivals/Events/Bus. Program Fagade Grants Economic Development Grants PROJECTS RiverwalldPromenade ProJects HOB Commercial/Improvements Way-Finding Signage Marina Parking Garage CDC Parking Site Savage Creatures Complex Miscellaneous ProJects TOTALS EXPENSES T- ~eserve Balance Before D~ Reserve Balance TOTAL RESERVE BALANCE Amended Year To Current 2003~2004 Budget Date Period Bud~let Sept 14,2004 Totals Sept YTD 03/04 Totals Including Budget Current Month Remaining 4,072.95 3,427.05 942.00 2,808.00 15,621.49 4,378.51 1,412.60 16,087.40 1,528.50 -1,528.50 42,360.52 207,639.48 42,360.52 207,639.48 0.00 0.00 30,222.78 19,777.22 28,882.00 6,118.00 16,783.00 -16,783.00 2,500.00 7,500.00 1,681.69 2,391.26 1,500.00 3,750.00 0.00 942.00 10,000.00 20,000.00 10,104.70 ~ 5,516.79 17,500.00 17,500.00 1,412.60 0.00 0.00 0.00 0.00 1,528.50 350,000.00 250,000.00 51200.85 37,159.67 350,000.00 250,000.00 5,200.85 37,159.67 150,000.00 0.00 0.00 0.00 50,000.00 50,000.00 26,169.50 4,053.28 100,000.00 35,000.00 18,393.00 10,489.00 50,000.00 0.00 9,752.00 7,031.00 % of ~ Budget Remaining 46% 75% 22% 92% 0% 83% 83% 0% 40% 17% -34% 2,150,000.00 2,615,409.00 1,585,922.51 406,545.91 1,992,468.42 622,940.58 24% 600,000.00 350,000.00 246,541.91 205,089.30 451,631.21 -101,631.21 -29% 50,000.00 60,451.00 51,985.66 0.00 51,985.66 8,465.34 14% 1,050,000.00 0.00 157,500.00 0.00 157,500.00 -157,500.00 0% 1,750,000.00 0.00 0.00 0.00 0.00 0.00 0% 75,000.00 55,000.00 40,162.30 10,000.00 50,162.30 4,837.70 9% 50,000.00 30,000.00 10,710.00 0.00 10,710.00 19,290.00 64% 7,629,675.96 4,595,457.96 2,941,291.60 897,932.51 3,839,224.11 756,233.85 3,178,064.04 4,844~589.99 3,9511847.65 3,95%847.65 266,082.00 0.00 0.00 0.00 -44t,600.96 -441,600.96 2,911,982.04 4,844,589.9~9_.9 3,951,847.65 3,951,847.65 6541 STATEMENT OF CASH FLOWS BEGINNING CASH BALANCE /ENUES Interest Income SunTrust Bank Interest Total Interest Income TOTAL REVENUES EXPENDITURES $ 5,120.61 $ 5,120,61 Salaries Expense Douglas Hutchinson Douglas Hutchinson Texas CS Unit Texas CS Unit Texas CS Unit Susan Vielhauer Susan Vielhauer Annette Gray Annette Gray Lauren Strauss Total Salaries Expense Health Insurance Expense Aetna Health Insurance Total Health Insurance Expense Life Insurance Expense First Colony Life Insurance Total Life Insurance Expense Retirement Lord Abbot Lord Abbot Total Retirement Expense Professional Fees - Legal Goren, Cherof, Doody & Ezrol Total Professional Fees - Legal Professional Fees - Contracted Kimley Horn TCEA The RMPK Group Total Professional Fees - Contracted Professional Fees - Maint. & Cleaning Allan Business Machines Green Team Pest Control Royal Office Cleaning Total Professional Fees - Maint. & Cleaning Equipment Leases Pitney Bowes Imagistics Total Equipment Leases 'rice Printing Imagistics Total Office Printing Electric 6542 $ 1,801.78 $ 1,801.78 $ 461.54 $ 461.54 $ 461.54 $ 1,339.62 $ 1,374.07 $ 1,312.22 $ t.,312.22 $ 777.52 $ 1,711.47 $ 11,103.83 $ 1,711.47 $ 71.41 $ 71.41 $ 2O0.O0 $ 20O.00 $ 400.00 $ 6,814.91 $ 6,814.91 $ 5,0OO.00 $ 553.62 $ 5,553.62 $ 116.00 $ 20.00 $ 140.00 $ 276.00 $ 24.75 $ 343.00 $ 367.75 $ 88.20 $ 88.20 $ 4,605,591.37 $ 4,610,711.98 FPL FPL Total Electric Expense ~.lephone Cingular Wireless FDN Communications (JuJy) Bell South Total Telephone Expense Promotional/Business Meetings Business Meetings Business Meetings Total Promotional/Business Meetings Membership & Subscriptions Sun Sentinel Palm Beach Post Total Membership & Subscriptions Seminars Doug Hutchinson- ULI Annette Gray-FRA Susan Vielhauer- FRA Douglas Hutchinson - FRA & IDA Henderson Tillman-IDA Alexander Demarco-IDA & FRA Sun Trust Visa Travel-iDA Total Seminars Mileage & Delivery Fed Express , otal Mileage & Delivery Office Expense Aqua Springs & Coffee Total Office Expense Office Supplies Hands Stationers Pitney Bowes Postage Total Office Supplies Loan Payment Bank of America Total Loan Payment Mesume Project Baker Leisure Group Total Museum Project Marketing & Promotions Positive Image Total Marketing & Promotions Grant Programs Scully Burgers Innovative Window Concepts Tota Grant Programs ~lice Program More Direct Richwagen's Delary Bike & Sports Total Police Program $ 6543 $ $ 207.27 $ 191.20 $ 68.60 $ 1~95.70 $ 220.00 $ 797.23 $ 131.10 $ 43.55 $ 50.70 $ 95.00 $ 86.28 $ 86.28 $ 391.28 $ 305.00 $ 658.36 $ 1,620.06 $ 261.13 $ 27.50 $ 51.86 $ 300.00 $158,649.14 $ 10,000.00 $ 1,528.50 $ 10,489.00 $ 20,911.00 816.00 6,835.62 $ 398.47 $ 484.30 $ 928.33 $ 94.25 $ 3,242.26 $ 261.13 $ 27.50 $ 351.86 $ 158,649.14 $ 10,000.00 $ 1,528.50 $ 31,400.00 $ 7,651.62 BBB Extension/RiverwalldPromenda Burkhardt Construction, Inc Total BBB Extension/Riverwalk/Promenda eb Development & Implementation Jack of Arts Total Web Development & Implementation Festivals & Events Art of Framing Clear Copy Barbara Wold Forum Publishing Group Total Festivals & Events HOB Closing on the Demke Property Pinnell Survey Inc Fidelity National Title Insurance The Urban Group Florida Coastal Appraisal Total HOB TOTAL EXPENDITURES TOTAL REVENUES OVER EXPENDITURES $ 233,744.03 $ 4,475.00 $ 1,360.00 $ 345,00 $ 152.86 $ 570.27 $ 97,564.90 $ 325.00 $ 3,750.00 $ 35,696.70 $ 18,750.00 $ 233,744.03 $ 4,475.00 $ 2,428.13 $ 156,086.60 $ 638,138.31 $ 3,972,573.67 6544 MEMO TO: CRA Board FROM: SUBJECT: DATE: Susan Vielhauer October Financials November 3, 2004 Due to circumstance beyond my control the October Financials will be out by Monday. I am sorry for the inconvenience this may cause. 6545 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Consideration of Final Budget Transfer 2003/2004 DATE: November 3, 2004 Staff is recommending the approval of the final Budget Transfer for 2003/2004 fiscal year. The following budget transfers include changing all budget line item categories to zero balance. The resulting net balance is for an increase of $756,221 in the balance available for the 2004/2005 budget year. 6546 BUDGET TRANSFER REQUEST Final 2003-2004 Budget Adjustment CRA Board · Prom: CRA Staff Date: October 27, 2004 ~ * Budget Data Only Adjustment Resulting Present Increase Adjusted Number Description Budget (Decrease) Budget BEGINNING BALANCE 1 Beginning Balance 5,207,162 0 5,207,162 EXPENSES 2 Salary Expense 207,500 (2,046 205,454 3 Payroll Expenses 15,563 ( 1,558 14,005 4 Retirement 457 Plan 9,375 (7,675) 1,700 5 ST/LT Disability 2,000 (398 1,602 6 ~orkers Comp 2,324 105 2,429 7 -lealth Department 16,800 (673) 16,127 8 Life Insurance 644 (71) 573 9 Legal 76,742 (17,060) 59,682 10 City Staff 6,000 (1,463) 4,537 11 Contracted Services 340,217 (80,234) 259,983 12 Audit 7,500 (1,525) 5,975 13 Mint. & Cleaning 3,350 159 3,509 14 IT Support 14,860 (4,415) 10,445 15 Rent 14,112 1,000 15,112 16 Phone 7,800 (2,050 5,750 17 Electric 1,875 339 2,214 18 Properly Insurance 1,438 (60] 1,378 19 Professional Insurance 3,900 (9901 2,910 20 Promotional/Business Meet!ng 4,800 (849 3,951 21 CRA Meeting/Presentation 3,000 (981) 2,019 22 ~,ssociation Meeting 504 (299) 205 23 Seminars 6,735 7,502 14,237 24 Mileage & Delivery Services 1,080 245 1,325 25 CRA Car Allowance - Director 3,600 (138) 3,462 26 Office Supplies 1,500 (436) 1,064 27 Office Expenses 9,000 324 9,324 28 Licenses, Fees, Permits 1,250 (815) 435 29 Books & Publication 500 (111) 389 30 Advertising & Publication Notices 2,000 (158) 1,842 31 Career Development 4,000 (2,218) ,1,782 32 Office Printing Expenses 4,500 (755) 3,745 33 Miscellaneous Expenses 500 (317) 183 34 Principal Payment 134,925 ( 1,610) 133,315 35 Interest Payment 182,374 1,333 183,707 36 Office Equipment/Furniture 7,500 (3,427) 4,073 37 Office Leasehold Improvements 3,750 (2,808) 942 38 Web Site Update/Expansion 20,000 (4,378) 15,622 39 Printing & Promotional Program 17,500 (16,087) 1,413 40 Marketing & Promotions 0 1,529 1,529 41 Police CBD & HOB 250,000 (207,639) 42,361 42 Festivals/Events/Bus. Programs 50,000 (19,777) 30,223 43 Facade Grants 35,000 (6,118) 28,882 44 Economic Development Grants 0 16,783 16,783 45 BBB/Riverwalk/Promenade Projects 2,615,409 (622,940) 1,992,469 46 HOB Commercial Improvement 350,000 101,632 451,632 47 ~Vay-Finding Sign 60,451 (8,465', 51,986 48 Marina Parking Garage 0 157,500 157,500 49 Savage Creatu res 55,000 (4,8381 50,162 50 Miscellaneous Projects 30,000 (19,290~, 10,710 51 52 Fund Balance after Reserve 2,911,982 (756,2211 3,668,203 * Use Whole Dollars Only Controller: CRA Director: MEMO TO: CRA Board FROM: Douglas Hutchinson SUBJECT: Consideration of Payment for Appraisal Services of Anderson & Carr. DATE: October 24, 2004 In support of Economic Development Assembly in the Central Business District of Boynton Beach, The City of Boynton Beach contracted with Anderson and Carr to conduct an appraisal for the First Financial Plaza one year ago. This appraisal has been used to set the standard for similar projects within the CRA boundaries and is a driving force in the redevelopment of the First Financial Plaza and Bank of American sites for the future. Staff is recommending a reimbursement of $9,500 to the City of Boynton Beach 6547 CITY OF BOYNTON BEACH (561) 742-6310 TO: COMMUNITY REDEVELOPMENT AGENCY 639 E.Ocean Ave, Suite 107 BOYNTON BEACH, FL 33435 INVOICE DATE DUE DATE INVOICE 9401 9/25/03 10/27/03 CUSTOMER/TYPE # 2396/2516 QUANTITY DESCRIPTION PRICE: ' TOTAL 1.00 kEIMBLRSEMENT TO CITY 9,500.00 9,500.00 FOR PAYMENT TO RPA OF SOUTH FLORIDZ INC FOR APPRAISAL OF FIRST FINANCIAL PLAZA ACCT. ¢/401-2822-536-99-19 TOTAL DUE: $9,500.00 PLEASE DETACH THIS PORTION AND RETURN WITH YOUR PAYMENT. REMIT TO CITY OF BOYNTON BEACM ATTN: CASHIERS PO BOX 310 BOYNTON BEACH SEP 2 ~ 2004 BOYNTON BEA(;H UTILITIE~ CUSTOMER NAME COMMUNITY REDW, VELOFMENT AG~NC FL 33425-0310 MEMO TO: CRA Board FROM: Douglas Hutchinson SUBJECT: Consideration of CRA Holiday Decorations. DATE: October 13, 2004 Attached is a request from Recreation & Parks Department for the preparation, installation and take down of Holiday Decorations. Customarily this is handled by the Public Works staff however, due to the recent hurricanes, Public Works staff are still handling the mass cleanup required and has recommend that the City contract this out to local vendors. The average time required for this task is 400 hours. Recreation & Parks Department are asking that the CRA contribute 25% of the total cost which equates to $4,190. The Holiday and Events Street D6cor line item is budgeted at $15,000. Staff is recommending the approval of the $4,190 towards the Holiday Decoration. 6548 Nicole Shares R:2vlemo'sLMEMO Rec & Parks 10_04.doc RECREATION & PARKS DEPARTMENT MEMORANDUM #04-110 To: Via: From: Date: Re: Douglas Hutchinson, Director Community Redevelopment Agency Wally Majors, Director Recreation and Parks Department Virginia H. Shea, Senior Manage~ Sharon Vicki, Recreation Manager~_~V.. October 1,2004 Holiday Lights and Banners Each year, as you are aware, the Public Works Department prepares, installs and takes down holiday decorations, banners and lights in the CRA area. This area includes the Civic Center, Art Center, Library, Schoolhouse Museum, Hester Center and the Martin Luther King Boulevard corridor (between Seacrest Boulevard and Federal Highway). The Recreation and Parks Department also contracts with a local holiday lighting company who installs city-owned holiday decorations (lighted reindeer & ice castle, two 20' artificial trees, wreathes and street intersection swags), then removes and stores them after the holiday season. Public Works handles the majority of the workload to prepare the downtown area of Boynton Beach for the holidays. This year, because most Public Works staff are still handling recovery efforts from two successive hurricanes, the Recreation and Parks and Public Works Departments are strongly recommending that the City contract all holiday decorating efforts to a local vendor. The total cost of contracting out this service is a large savings to the City as Public Works employees spend an average of 400 hours installing, maintaining and removing the decorations in a one month period. Quotes were received from three vendors, with the lowest coming from the vendor with whom we have worked for several years. The cost to complete decorating the entire area is $16,760.00. We are asking the CRA to assist in this endeavor and request 25% of the total cost or $4,190.00. If this request is approved, please provide an account number to either Sharon Vicki or Ginny Shea and we will process the request for a purchase order. Thank you for your consideration and we hope that your assistance is forthcoming to complete this festive annual project. /vhs C: Jeff Livergood Christine Roberts Hutchinson, Douglas From: ~ent: Cc: Subject: Majors, Wally Tuesday, September 14, 2004 11:06 AM Hutchinson, Douglas Shea, Virginia; Vicki, Sharon; Roberts, Christine RE: Holiday Lights and Banners Doug, Thanks. By way of this message I'll ask staff to prepare a request. We are in the process of developing a work plan with public works that will help us identify what is needed and associated costs. We will then be able to provide you some specific information. Thanks again. Wally .... Odginal Message--- From: Hutchinson, Douglas Sent: Tuesday, September 14, 2004 9:53 AM To: Majors, Wally Subject: RE: Holiday Lights and Banners Send a request. Doug ..... Original Plessage- .... From.' Majors, Wally Sent: Tuesday, September 3.4, 2004 9:53. AM To: Hutchinson, Douglas Subject: Holiday Lights and Banners Doug, We need some financial assistance to install lights and banners this year along Ocean Avenue and around the Schoolhouse Museum. Can the CRA help! Wally Memorandum To: CRA Board of Directors From: Annette Gray Date: November 9, 2005 Re: 2004/2005 Events Funding Request During the budgeting process, the event descriptions below were presented to the Board along with proposed amounts to be contributed by the CRA. Based on Board direction, Staff has worked earnestly to develop strategic alliances and sponsorship partners to first maximize CRA Funds and second to work towards having the events become self sufficient. Staff is bringing these three events to you at this time in the form of a request to release the proposed funds. The requested amount for the "Boynton Beach Multi-Cultural Winter Carnival" is $12,500. The Requested amount for the "HeritageFest 2005" is $12, 500. The Amount Requested for "Movies on the Avenue" is $12,500. Note that Sponsorship funds and in-kind sponsorships now outweigh the financial contribution of the CRA. A proposed budget for each event has been attached. The Boynton Beach Multi-Cultural Winter Carnival is a partnership between the CRA and Boynton Ocean District Association. This holiday themed carnival celebrates the diversity in culture that exists in the Boynton Beach and the neighboring cities. The elements of the event, specifically the International Market Place and Season of Peace have been designed to appeal to families that celebrate Christmas, Hanukah and Kwanzaa. The kid's zone and winter carnival will delight the young ones and for those 6549 teenagers the carnival rides are sure to be an allure. This year the event will piggy-back on the parade as a result it will share the resources and the built in audience. Date: Location: Sunday December 5th 2004 Noon - 9:00 PM Ocean Ave and NE 6th Court East of Federal Highway Projected Attendance: Number 5,000 Demographics: Families of Boynton Beach and Neighboring Cities Event Goal: Economic development in the Central Business District of the CRA Boundaries as well as a fund raiser for four families of students that attend school in the CRA district. Elements of the Event: Kids Zone, Christmas, Hanukah, Kwanzaa, Winter Wander Land: (Ice Rink Snow area), Carnival Rides and Concert Heritage Festival February 2004 This month long event held in the MLK Area has been striving for twenty-two years "To provide celebration that motivates, empowers and informs the public of the ties that bind the community together through the enjoyment of the Arts and Education." Participation this year by the CRA will be in the form of monetary sponsorship and Staff Assistance. Changes this year are noticeable in that most of the events will take place in the Heart of Boynton Area; utilizing Seacrest Ave, Martin Luther King Boulevard and Sara Sims Park. The purpose of the Event focus in the Heart of Boynton is to first bring new people into the area to celebrate its ethnic diversity. The second goal is to build pride in the ethnic Heritage and encourage investment in talent, education, business and property. Third is to build an image for the area, which reflects and sustains economic activities. Last year for the with the City, Citizens and CRA partnership, the event yielded a profit. It is the goal of the partnership to add enhancements to the event that will increase attendance, provide entertainment that the public will continue endorse with a small monetary contribution (entrance fee), transition current youth recognition programs into 6550 Scholarship Programs and attract sponsorship dollars. The County and the Sun - Sentinel have already renewed their commitment for next years event. Proposed Schedule of Events February 2005 Week 1 Feb 4th -- 6th Basket Ball Tournament Art & Science Competition Essay/Oratory Contest Hester Center Boynton Beach Mall City Library Feb 4th -6th Feb 5th Feb 5th Week 2 Heart of Boynton MLK Blvd Feb Carnival & Circus Sara Sims Park Movies on the Avenue (Five Heartbeats) Downtown Ocean Ave 10th - 13th Feb 10th -13th Feb 11th Week 3 Book Fair Youth Award/Coronation Miss Black USA Tuskegee Air Men Poinciana Elementary School Feb 19th Carnival Sara Sims Park Week 4 Seacrest Ave &Hester Center Feb 26th Parade Seacrest Concert "An international Affair" MLK R&B Caribbean Celebration (It's a Small World Elementary Schools adopt an Island) MLK Reggae Haitian Spanish Trinidad and Tobago "Movies on the Avenue" is proposed to be a monthly event and a Partnership between the Boynton Beach CRA and the Boynton Beach Library. The Palm Beach Post has also given a commitment for sponsorship for the first year of the 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 6551 elements that will make the site more conducive to the proposed use. The event will be free to the public. The paid elements will include: chair rental, food and beverages (to be provided by vendors). The event will a~opt a 50's/60's theme and invited participants will reflect the era, this includes local car clubs that have vintage cars entertainers and memorabilia vendors. The Schedule is as follows: · December 10th 2004 · January 14th 2005 · February 11th 2005 · March 11th 2005 · April 8th 2005 · May 13th 2005 7pm to 10pm 7pm to 10pm 7pm to 10pm 7pm to 10pm 7pm to 10pm 7pm to 10pm Over the past two years the CRA has received a tremendous amount of positive feedback from the community, name recognition and public relations benefits for it financial and staff contributions to these events. The process for each event has been streamlined and going forward Staff projects continued positive benefits for the CRA and eventually reduction in funding and Staff support due to each event becoming almost self-sufficient. 6552 Movies on the Avenue 'OaeemSer 10~ ~00~ ~u~ 't~'~ ge~u~ T~~ ,~005 ~reh 'tim 2005 6553 2003~2004 FESTIVAL / EVENT/PROGRAM GRANT FUNDING PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency (Please Print Or Type Only - Use Additional Sheets If Necessary) APPLICANT INFORMATION Name of Festival / Event / Program: Movies On the Avenue Name of Applicant: Address: Address: City/State: Boynton Beach FL Boynton Beach City Library 208 S Seacrest Blvd Zip Code: 33435 President/Owned Agent: Joe Greene Non-Profit Status: Phone # Day: 561-742-6390 Fax: Festival [] Event [] Evening: E-Mail: Program [] Other Description of the Festival/Event/Program if this is not included in City Event Permit Application Attachment. ('Include whether it is a new or existing with history) "Movies on the Avenue" is proposed to be a monthly event. The event would take plac, the second Friday of each month on the Five Hundred block of Ocean Avenue. Boh Katz, the owner of the lot located at 502 East Ocean Avenue, has not only granted thc, use of the property for the endeavor but will be addressinq some elements that will make the site more conducive to the proposed use. Those elements include paintinq the western external wall of the building at 506 East Ocean Avenue for the proiection of the movies, .qrad n.q of the adioinin.q lot and finishinq with mulch. The event will be fre;: Boynton Beach Community Redevelopment Agency Festival/Event/Program Grant Application 6554 Revised 01/28/04 Page 1 of 5 to the public however, paid elements will include: chair rental land food/beverages (to be provided by vendors). The event will adopt a 50's/60's theme and invited participants will include local car clubs that have ~,inta.qe cars that reflect the era, entertainers such as Elvis impersonator Scott Rin.qerson of Delray Beach and vendors with memorabilia. Describe the Role of your Organization & Volunteers with the amount of hours you will devote to the festival/event/program: The Library will serve as the lead organization for the event. The membership will be instrumental in the planninq and carryinq out of the event Ioqistics. The Police Explorer Group and the Boy Scouts of America has been contacted to serve as additional volunteers. Describe the Role of the CRA: Funding Only Funding and Staff In-Kind Assistance Staff In-Kind Assistance Only The Library is requestin.q assistance from the CRA in the form of fundin.q of $12,500 and any other additional funds that can be raised from sponsors. The Library is also askinq in addition that the CRA Staff assist in the desiqn, promotion and implementation of the event. 6555 Boynton Beach Community Redevelopment Agency Festival/Events/Program Revised 1/28/04 Page 2 of 4 FESTIVAL/EVENT/PROGRAM INFORMATION Describe Festival/Event/Program proposed. Attach the following items: · Festival/Event/Program(s) write-up(s) describing in detail the scope of the Festival, Event, or Program(s). (Where will it be held, how big an area, number of volunteers, and number of visitors?) · Event Schedule including the date(s) of Festival/Event/Program(s) and time line, · Maps or sketches of the event site,(if applicable), · Budget for the Festival/Event/Program(s) with Soumes and Uses. Indicate what funds are secured and what are speculative and evidence of financial ability to pay for the Festival/Event/Program(s). Applicant must supply copies of sponsorship commitment letters and/or bank statements. · The proposed marketing plan and how will the CRA's participation in the Festival/Event/Program(s) be acknowledge, · Insurance certificate with the CRA named as additional insured and a signed hold harmless agreement. · Provide photos of past Festival/Event/Program(s) (if applicable). · A completed Special Events application for the City of Boynton Beach Events Permits (if applicable). · The following are required as post event justification accounting: (1) Project accounting including invoices, receipts, or other acceptable evidence of payment from suppliers that have been marked "paid". Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check or signed "Paid" receipt, (2) attendance analysis (.state method of establishing attendance estimates), (3) photos (electronic preferred), (4) copies of press and media coverage including press clippings, posters, and amount of dollars and in-kind value received, length and number of spots. · Post event accounting is due to the CRA no later than 30 days after the event. NOTE: An expense amount changed from an approved Application without prior CRA Board approval may be subject to repayment by the applicant to the CRA. Applicable documents must be attached for the Application to be processed. 6556 Boynton Beach Community Redevelopment Agency Festival/Events/Program Revised 1/28/04 Page 3 of 4 By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. Organization President or Agent (Print) Organization President or Agent (Date) CRA Director STATE OF FLORIDA, COUNTY OF PALM BEACH (Date) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared , who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this _ day of ,200__. NOTARY PUBLIC My Commission Expires: 6557 Boynton Beach Community Redevelopment Agency Festival/Events/Program Revised 1/28/04 Page 4 of 4 2003/2004 FESTIVAL/EVENT/PROGRAM GRANT FUNDING PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency FESTIVAL/EVENT/PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the CRA Festival/Event/Program Grant Funding Program. The purpose of the funding program is to encourage collaborative efforts and partnerships between the Boynton Beach CRA, Business Associations, Citizens, City of Boynton Beach, Chamber of Commerce, and Private Businesses. The following guidelines are applicable to this Program: Eligibility Requirements: The Grant Program is available only for Non-Profit Organizations. The Festival, Event, or other Program must directly benefit the community revitalization area of the Boynton Beach Community Redevelopment Agency (CRA). Note: see attached CRA Map. Maximum Festival/Events Grants Amounts: The CRA will provide a grant for eligible Festivals/Events up to the pre approved CRA budget amount. Maximum Program Content Grant Amounts: Program Concepts other than identified annual Festivals and Events requests will be accepted on a merit basis by the CRA. The CRA Budget for Program Content Grants has no definitive amount however funding is limited. Process: The Applicant agrees to provide a completed application and proposed budget two months prior to the 15th of the month before the CRA Board Meeting to the Festival/Event/Program date for the CRA's consideration for funding. CRA Acknowledgement For Funding: The applicant will acknowledge the CRA's participation in the Festival/Event/Program. That acknowledgement shall be defined in the application and approved by the CRA Board prior to funding. Required Accounting: If approved, successful applicants may receive funding prior to the event or festival. At the conclusion of the event, the grantee must submit supporting documentation to the CRA Board, which will consist of project accounting, project analysis summary, coverage received, etc. Boynton Beach Community Redevelopment Agency Festival/Event/Program Grant Program Agreement Page 1 of 2 Revised 01/04/04 6558 Insurance: Applicant will be required to carry event insurance as well as naming the CRA as additional insured. Applicant will also sign a hold harmless agreement with the CRA. CRA Event Material Usage: Grantees shall grant the CRA the right and use of photos and project materials. No Grantee For Funding: Grantees must complete and submit an application to be considered for funding, APPLICATION SUBMITTAL TO THIS PROGRAM IN NO WAY GUARANTEES CRA FUNDING. Organization President or agent (Print) Organization President or agent (Date) CRA Director STATE OF FLORIDA, COUNTY OF PALM BEACH (Date) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared , who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this NOTARY PUBLIC My Commission Expires: day of ,200__. 6559 Boynton Beach Community Redevelopment Agency Festival/EventJProgram Grant Program Agreement Page 2 of 2 Revised 01/04/04 Event Concept: Movies on the Avenue" is proposed to be a monthly event and a Partnership between the Boynton Beach CRA and the Boynton Beach Library. The event would raise 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. The event will be free to the public. The paid elements will include: chair rental, and food/beverages (to be provided by vendors). The event will adopt a 50's/60's theme and invited participants will reflect the era, this includes local car clubs that have vintage cars entertainers and with memorabilia vendors. The Schedule is as follows: Dates: December 10th 2004 January 14th 2005 February 11th 2005 March 11th 2005 April 8th 2005 May 13th 2005 7pm to 10pm 7pm to 10pm 7pm to 10pm 7pm to 10pm 7pm to 10pm 7pm to 10pm Location: SW 4th street & Ocean Ave Boynton Beach Projected Attendance A) Number 200 per month B) Demographics: Families of Boynton Beach and Neighboring Cities Event Goal: Economic development in the Central Business District of the CRA Boundaries Elements of the Event: Movie Live Music Kids Entertainment Vendors 6560 3 Event Schedule The Event will be held the Second Friday of Each Month: December 10th 2004 January 14~ 2005 February 11th 2005 March 11t~ 2005 April 8th 2005 May 13th 2005 7pm to 10pm 7pm to 10pm 7pm to 10pm 7pm to 10pm 7pm to 10pm 7pm to 10pm 3:00 PM 4:00 PM 5:00 PM 5:30 PM 6:00 PM 6:00 PM 7:00 PM 8:00 PM 8:30 PM 9:30 PM 9:30 - 10:00 PM Set up Small stage Lights Sound & Technician Arrives Pick up Bounce House Block 4th street Show cars arrive Music Begin on Stage Movie Begins Intermission (Band Plays) Movie Resumes Movie Ends PM Band Plays 6561 4 6562 6563 Underwriting/Marketing Branding As a Partner and underwriter the CRA, and in return for the grant funding and in-kind Staff assistance services, the following marketing and Branding opportunities will take place: · Company Name and Logo Branded on all Promotional Materials · Company Logo on all Printed Media Materials · Company Name mention on all Radio Promotions · Premier Sponsor Signage at Stage · Premier Recognition in Event · Complimentary Vendor Space (10 X10 Tent and 2 chairs to be included) · Logo branded on event Web Site events page. · Part ownership of all photos of the event · Naming rights to the event 6564 Committee Chair: Phone Number: Merchan~NIA Shirts: Vendor Cost: Quantity Radio: Contact: Phone: Email: Broadcast: Radio: Contact: Phone: Emaih Broadcast: Marketing/Promotion Staff Yellow With Black Lettering Doug Astler Positive Image 189.00 50 Sunny 104.3 Shannon 561-616-4747 shannon1043@aol.com 18 30sec spots DecamberlSt-7th B106 Shannon 561-616-4747 shannon1043@aol.com 18 30 second spots DecemberlSt-7t~ Newspapem: ;onta~: Web: Palm Beach Post Lynn Howell GoPBI.COM Ellen Burrs [eburrs@pbpost.com] Listings Show Time Magazine: TGIF Magazine: City Link Magazine: Boynton Beach Times: Signage: Posters: Flyers: 561-737-0110 561-820-4708/Fax 561-820-4445 pb-entertain~pbpost.com Laura Kokus Ikokus(o~,citylinkma.qazine.com 800-275-8820/561-791-7790 ext 216 Greg CRA & BODA Distributed By BODA & CRA Community Events Calendar: Community Website/Digital Cities/Chamber Website/Go PBI MC/Personalities: 6565 Television: Channel 12 Miss BB Assistant News Director 561-844-1212 11 HOLD HARMLESS The Boynton Beach City Library hereinafter 'City Library') to the extent permitted by law, agrees to protect, defend indemnify and hold The Boynton Beach CRA and its officials, employees and agents harmless from and against any and all lawsuits, penalties, damages, judgments, decrees, costs, charges and other expenses or liabilities related to the City Library's negligence in connection with or arising directly out of the City Library's Partnership or for the purposes associated with the Movies on the Avenue event to be held the second Friday of each month commencing on December 10th 2004 and ending on May 13th 2004. The City Library further agrees, to the extent permitted by law, to investigate, respond to, provide defense for, and defend any such claims, etc., at its sole expense and agrees to bear all other costs and expenses and attorney's fees relating thereto. Date Signed: October , 2004 Virginia Farace, library Director STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Virginia Farace, library Director is known to me to be the persons described in and who executed the foregoing instrument, who acknowledges before me that they executed the same and an oath was not taken. Witness my hand and official seal in the County and State last aforesaid this __ day of ,2004. Susan Vielhauer, NOTARY PUBLIC My commission expires: 6566 6567 Memorandum Date: August 31,2004 To: Debbie Majors From: Subject: Annette Gray/Douglas Hutchinson/Joe Green Movies On the Avenue "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 Agenue, 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 at 506 East Ocean Avenue for the projection of the movies, grading of the adjoining lot and finishing with mulch. The event will be free to the public however, paid elements will include: chair rental and food/beverages (to be provided by vendors). The event will adopt a 50's/60's theme and invited participants will include local car clubs that have vintage cars that reflect the era, entertainers such as Elvis impersonator Scott Ringerson of Delray Beach and vendors With memorabilia. "Movies on the Avenue" is proposed to be a partnership among the City Library, the- CRA and Bob Katz Properties (each partner to provide specific elements). When: · December 10th 2004 7pm to 10pm · January 14th 2005 7pm to 10pm · February 1 ~th 2005 7pm to 10pm · March 11th2005 7pm to 10pm · April 8th 2005 7pm to 10pm · May 13th 2005 7pm to 10pm 6568 movie Fall and winter months are cooler in the evenings and gets dark earlier so the can start 7:00 pm as opposed to 8:30 PM during spring and summer months. Location: Proposed Start Date: Movie Equipment: License: 502 E Ocean December 10, 2004 Provided By the City Library Provided by the City Library A flyer announcing the event will serve as notification to local businesses and residents. Businesses in the immediate vicinity that have liquor licenses will be visited and asked to make special arrangements to ensure that patrons do not leave their establishment with bottles or glass containers (plastic only policy). I will contact a representative of the FEC Railroad and get their schedule for the evening of the event and a volunteer will be posted at the crossing along with barricades on both sides as added precaution. have contacted the Port O Let companies to order 3 units: 1male, 1 female and one handicap. The Church and Ken Kaleel and Bank of America will be contacted and notified of potential parking on their site. Mr. Bob Katz will provide a hold harmless agreement to have the movies shown on the site of the old shipwreck. Please view the list below to identify what I am requesting from your department. I can be reached via phone 561-737-3256, fax 561-737-3258 or via e-mail graya@ci.boynton- beach.fi.us with any questions and responses. Chuck Magazine: Art Brode: Larry Cochran: Certificate of Liability Insurance (Attached) 5 10X10 Trash containers along Ocean and along 4th 1 Bucket Truck/lights South Side 4th facing Ocean Ave 6569 Sharon Vickie: Wayne Segal: Carisse Weise: Vanderberg: Wally Majors Mark Law: Electrician Advertising on the Civic Center, Hester Center, & Little League Park Marquees Advertisement on City Phone messaging system/Water Bills Advertisement on the City Hall Marquee Street Barricades Ocean Avenue at NE 4th Street 1 generator I will be contacting 'Facilities Management to request the following: an electrician. I have obtained a copy of the electricity guidelines, however, I am confident that the Facilities staff who will be assigned to the event will be very familiar with the guidelines. Virginia Shea One Bounce House with Staff Joe Green One Projector on cart with cables and Movie with license. Public Parking: is indicated on the area map; Public parking sites are proposed for the Bank of America parking lot and the First financial Plaza both have been contacted to obtain permission Thank you for you assistance with this event. Please feel free to call me with any questions or suggestions 561-737-3256. 6570 CITY OF BOYNTON BEACH APPLICATION FOR SPECIAL EVENTS Page 1 of 3 · ease type information or print legibly in dark itek. Application must be filled out completely. A detailed site map showing all temporary structure locations (stages, restroorns, signage, tents, etc.) must be attached. Application fee must also be included when application is tm'ned in to the Recreation Department, or it will not be reviewed. EVENT PROPOSAL Name of Event Detailed description of the event Requested location of event Alternate location of event Dates and times of the event Movies on the Avenue Movie with live movie vintage cars & vendors On NE 4th street and Ocean Ave December 10th 2004 November 7PM to 10PM 12th 2004, December l0th 2004, January 14%2005, February I 1,2005, March l 1, 2005 April 8,2005 & May 13th 2005 Date Day Begin End Event Day 1 12/10//0 Friday ~ 7PM ~ [0 PM 4 Event Day 2 __ I~ AM ~ PM __ ~ AM ~ PM Event Day 3 ! AM Il PM I~ AM ~ PM Set up for event will begin on t Date 12/10/04 t Time 5 PM Breakdown will be complete by Date 12/10/04 Time 10:30 PM NA Alternate date for your event Organization (s) Producing Event: une: Boynton Beach CRA ,xddress 639 E Ocean Ave Suite 107 Name Address Boynton Beach City Library 208 S Seacrest Blvd City Boynton Beach City Boynton Beach State/Zip FL 33435 State/Zip FL 33435 Phone 561-737-3256 Phone 561-742-6390 Fax 561-737-3258 Fax # of full time staff members in the organization 3 # of volunteers in the organization 10 # of full time staffmembers in the organization # of volunteers in the organization Individual(s) Responsible: Name Douglas Hutchinson Name Joe Greene Address 639 E Ocean Ave Suite 107 Address 208 S Seacrest Bird City Boynton Beach City Boynton Beach State/Zip FL 33435 State/Zip FL 33435 Phone 561-737-3256 Phone 561-742-6390 Fax 561-737-3258 Fax Non-Profit, Private or Commercial Government/Non Exempt Tax Exempt Number: 60-04-223886-54 c Corporation Name NA Date of Incorporation (Please attach a copy of your sales tax certificate to the application)NA Purpose of the event (Goals, etc.) Promotion of Downtown Businesses and district while providing a venue for entertainment to citizens and visitors. X~umber of years this event has taken place in the City of Boynton Beach: First Is event produced in other cities? NO If yes, what cities? Estimated number of participants 6 5 7 1 100 CITY OF BOYNTON BEACH APPLICATION FOR SPECIAL EVENTS Page 2 of 3 :ease list charges for participants and viewers below (admission, registration or entrance fees): Vendor Fees Number Food Vendors 10 Art Vendors (other) 2 Tickets/Registration Number Adults NA Children NA Seniors NA How will these revenues be utilized? Cost Per Vend6r Estimated Revenue 50:00 500.00 25.00 50.00 Cost per Estimated Revenue Ticket/Registration Fee NA NA NA NA NA NA Re invested into the event overhead If the proceeds of the requested event are intended for an organization other than the applicant, please provide the following information: Benefiting organization: Address: City/State/Zip: Contact Person: Phone: Terms of Agreement: Total Estimated Donation: Event Logistics: Will your event require road closure? :ean Ave at SE 4th street Yes If yes, please describe requested streets and times below: A map of this area must be attached. Does the proposed area include fenced areas? No __If yes, clearly indicate the exact areas to be fenced on the map. There are specific requirements regarding fencing on city property. WiIl event require the use of electricity? {~ YES Location: Ocean Ave & SE 4th Events requiring electricity must hire an electrician, licensed in the City of Boynton Beach. (Please show locations on map) Name of Electrician City / Generator Company Name Phone No. The event promoter is responsible for clean-up of ail event sites. The City of Boynton Beach will provide dumpsters for your event at your request Ali dumping fees will be charged to the promoter by the city. If event site is not cleaned thoroughly, a clean-up charge will be assessed. Who wilI provide clean-up service during and aRer the event? Company: Volunteers Phone: Number ofdumpsters needed: Location (please show on map): ~ comer of 4t~ & Ocean Number of temporary restroom facilities being placed: I M 1F I Handicap nw comer of 4th & ocean (The minimum number of facilities should be one per 200 persons. Please show on locations map) Will music be provided # YES Number of loud speakers:2 City System DATE TIME OF DAY TYPE OF MUSIC I2/10/04 7PM- 10Pm Varity Will food and/or beverages be served? $ YES 6572 ~ Food (Please indicate the locations of these areas/booths on the site map. Permission to sell alcohol on public property must be g/ven by the City Commission.) re you utilizing public transportation? NO CITY OF BOYNTON BEACH APPLICATION FOR SPECIAL EVENTS Page 3 of 3 How? Please explain. Are you proposing to place signs or erect banners? Stage Signage Only (Indicate their location on site map) Will any temporary structures be erected (stages, tents, ticket booths, etc? (Indicate their locations on site map) Will the event have any vendors or concession sales? Will the event include amusement rides? NO What amusement rides are planned? (All amusement rides must be approved by the state. Please indicate on site map) YES Please indicate No lOX 10 Booths If yes, company providing the equipment Signature Date Please enclose the appropriate non-refundable application fee payable to The City of Boynton Beach Recreation Department P.O. Box 310, 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 OR STAFF USE ONLY ~ SITE MAP ~ SALES TAX CERTIFICATE ~ APPLICATION FEE RECEIVED: NAME ON CHECK: AMOUNT: $ DATE APPLICATION RECEIVED CHECK #: DATE: APPROVALS: PLANNING & ZONING DIVISION BUILDING DIVISION FIRE DEPARTMENT POLICE DEPARTMENT RISK MANAGEMENT · ~ECREATION DEPARTMENT SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE 6573 Oee~o ~0~e ~od ,NT. 6e~ (~om';. 'l)owr~tow~ ~oyr~t~ ~)seemb~ $, 200~ ~ooD- 9:00 6574 2003/2004 FESTIVAL / EVENT/PROGRAM GRANT FI:JNDING PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency (Please Print Or Type Only - Use Additional Sheets If Necessary) APPLICANT INFORMATION Name of Festival / Event / Program: Second Annual Multi-Cultural Winter Carnival Name of Applicant: Address: Address: BODA 115 South Federal HWY City/State: Boynton Beach FL Zip Code: 33435 President/Owner/Agent: Christine Francois Non-Profit Status: Phone # Day: 561-737-8836 Fax: 561-732-4305 Festival ~ Event [] Evening: ~'-(~ ! E-Mail: Program [] Other [] Description of the Festival/Event/Proqram if this is not included in City Event Permi[ Application Attachment. (Include whether it is a new or existin,q with history) The Second Annual Multi-Cultural Winter Carnival is holiday celebration of the divers. culture that exists in Boynton Beach and nei,qhboring cities. This is the second year of the event and it will be held on December 5th from Noon to 9:00 P.M. The event will bo held on Ocean Ave and NE 6th Court east of Federal Hiqhway. The event will also utilize the Bank of America and the First Financial Plaza parking lots. Describe the Role of your Organization & Volunteers with the amount of hours you will Boynton Beach Community Redevelopment Agency Festival/Event/Program Grant Application Revised 01/28/04 Page 1 of 5 6575 devote to the festival/event/program: The BODA Orqanization will serve as the lead or.qanization for the event. The membership will be instrumental in the plannin.q and carryin,q out of the event Ioqistics. The Police Explorer Group and the Boy Scouts of America has been contacted to serve as additional volunteers. Describe the Role of the CRA: [~ Funding Only [~:~'Funding and Staff In-Kind Assistance [] Staff In-Kind Assistance Only BODA is requesting assistance from the CRA in the form of funding of $12,500 and any other additional funds that can be raised from sponsors. BODA is also asking in addition that the CRA Staff assist in the design, promotion and implementation of the event. Boynton Beach Community Redevelopment Agency Festival/Events/Program Revised 1/28/04 Page 2 of 4 6576 FESTIVAL/EVENT/PROGRAM INFORMATION Describe Festival/Event/Program proposed. Attach the following items: · Festival/Event/Program(s) write-up(s) describing in detail the scope of the Festival, Event, or Program(s). (Where will it be held, how big an area, number of volunteers, and number of visitors?) · Event Schedule including the date(s) of Festival/Event/Program(s) and time line, · Maps or sketches of the event site,Of applicable), · Budget for the Festival/Event/Program(s) with Sources and Uses. Indicate what funds are secured and what are speculative and evidence of financial ability to pay for the Festival/Event/Program(s). Applicant must supply copies of sponsorship commitment letters and/or bank statements. · The proposed marketing plan and how will the CPA's participation in the Festival/Event/Program(s) be acknowledge, · Insurance certificate with the CPA named as additional insured and a signed hold harmless agreement. · Provide photos of past Festival/Event/Program(s) (if applicable). · A completed Special Events application for the City of Boynton Beach Events Permits (if applicable). · The following are required as post event justification accounting: (1) Project accounting including invoices, receipts, or other acceptable evidence of payment from suppliers that have been marked "paid". Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check or signed "Paid" receipt, (2) attendance analysis (state method of establishing attendance estimates), (3) photos (electronic preferred), (4) copies of press and media coverage including press clippings, posters, and amount of dollars and in-kind value received, length and number of spots. · Post event accounting is due to the CRA no later than 30 days after the event. NOTE: An expense amount changed from an approved Application without prior CRA Board approval may be subject to repayment by the applicant to the CRA. Applicable documents must be attached for the Application to be processed. Boynton Beach Community Redevelopment Agency Festival/Events/Program Revised 1/28/04 Page 3 of 4 6577 By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. Organization President or Agent (Print) Organization President or Agent (Date) CRA Director STATE OF FLORIDA, COUNTY OF PALM BEACH (Date) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared . (<~[¢'~q rr~'~- ¢ k:'/1?yE' ©U_-~ , who is personally known to me or produced ~ W.~¢~ ~ i6~c~J~_ 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 ~ ¢4 _ day of ~_! 6~' ~'~Ol. ,200 ~_~j. NOTARY PUBliC .~-'~'©(,.3~3 My Commission Expires: Boynton Beach Community Redevelopment Agency Festival/Events/Program Revised 1/28/04 Page 4 of 4 2003/2004 FESTIVAL/EVENT/PROGRAM GRANT FUNDING PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency FESTIVAL/EVENT/PROGRAM GUIDELINES The following guidelines ara intended to inform a potential grant applicant of the extent and scope of the CRA Festival/Event/Program Grant Funding Program. The purpose of the funding program is to encourage collaborative efforts and partnerships between the Boynton Beach CRA, Business Associations, Citizens, City of Boynton Beach, Chamber of Commerce, and Private Businesses. The following guidelines are applicable to this Program: Eligibility Requirements: The Grant Program is available only for Non-Profit Organizations. The Festival, Event, or other Program must directly benefit the community revitalization area of the Boynton Beach Community Redevelopment Agency (CRA). Note: see attached CRA Map. Maximum Festival/Events Grants Amounts: The CRA will provide a grant for eligible Festivals/Events up to the pre approved CRA budget amount. Maximum Program Content Grant Amounts: Program Concepts other than identified annual Festivals and Events requests will be accepted on a merit basis by the CRA. The CRA Budget for Program Content Grants has no definitive amount however funding is limited. Process: The Applicant agrees to provide a completed application and proposed budget two months prior to the 15~h of the month before the CRA Board Meeting to the Festival/Event/Program date for the CRA's consideration for funding. CRA Acknowledgement For Funding: The applicant will acknowledge the CRA's participation in the Festival/Event/Program. That acknowledgement shall be defined in the application and approved by the CRA Board prior to funding. Required Accounting: If approved, successful applicants may receive funding prior to the event or festival. At the conclusion of the event, the grantee must submit supporting documentation to the CRA Board, which will consist of project accounting, project analysis summary, coverage received, etc. 6578 Boynton Beach Comr;nunity Redevelopment Agency Festival/Event/Program Grant Program Agreement Page 1 of 2 Revised 01/04/04 Insurance: Applicant will be required to carry event insurance as well as naming the CRA as additional insured. Applicant will also sign a hold harmless agreement with the CRA. CRA Event Material Usage: Grantees shall grant the CRA the right and use of photos and project materials. No Grantee For Funding: Grantees must complete and submit an application to be considered for funding. APPLICATION SUBMITTAL TO THIS PROGRAM IN NO WAY GUARANTEES CRA FUNDING. Organization President or agent (Print) Organization President or agent (D'ate) CRA Director STATE OF FLORIDA, COUNTY OF PALM BEACH (Date) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared V3 t t~lP,x- f ~ ~ L~¢ ~,: ~ , who is personally known to me or produced /"' -~, ~:~' ~_.x ~.-~._ 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 ~-i;'r'( dayof ~.~ ~\r4~L~ ,200~. NOTARY PUBLIC My Commission Expires: Boynton Beach Community Redevelopment Agency Festival/EventJProgram Grant Program Agreement Page 2 of 2 Revised 01/04/04 6579 Event Concept: ~'he Boynton Beach Multi-Cultural Winter Carnival is a partnership between the CRA and Boynton Ocean District Association. This Holiday Themed Carnival celebrates the diversity in culture that exists in the Boynton Beach and the neighboring cities. The elements of the event, specifically the International Market Place and Season of Peace have been designed to appeal to families that celebrate Christmas, Hanukah and Kwanzaa. The kid's zone and winter carnival will delight the young ones and for those teenagers the carnival rides are sure to be an allure. Date: December 5th 2004 Noon - 9:00 PM Location: Ocean Ave and NE 6th COUrt East of Federal Highway Projected Attendance A) Number 5,000 B) Demographics: Families of Boynton Beach and Neighboring Cities Event Goal: Economic development in the Central Business District of the CRA Boundaries As well as a fund raiser for four families whose children attend schools within the CRA boundaries. ~,lements of the Event: Kids Zone Christmas Hanukah Kwanzaa (561) 357-7584 Winter Wander Land: Ice Rink Snow area Carnival Rides (561 ) 575-0454 (561 ) 575-3525 Concert 658O 3 651;1 § 8 8 Event Schedule ~londay November 29, 2004 Evening Initial site setup Carnival Saturday December 4, 2004 Afternoon Port O Leis Afternoon Barricades Sunday December 5, 2004 8:00 AM 10:00 AM 11AM 12:00 PM Noon to 6:00 PM 6:00 PM 9:00 PM Reinhofer Shows Pat 561-707-7120 Waste Management 561-207-4216 Bob Vanderberg 742-6587 Stage Delivery Vendor setup Sound Check Snow Delivered Santa Arrives Block Streets 1 Generator/Lights Phil 561-742-6440 Trash Containers along 6th Court Bank of America lot & Ocean Art Brode Ice Skating Rink Snow Machines 1 Generator Rec Dept Carnival Opens (Reinoffer Shows) Music on Stage Live Entertainment Starts Break Down Freelance Production Bill 561-747-8081 6583 4 6585 Underwriting/Marketing Branding As a Partner and underwriter the CRA, and in return for the grant funding and in-kind Staff assistance services, the following marketing and Branding opportunities will take place: · Company Name and Logo Branded on all Promotional Materials · Company Logo on all Printed Media Materials · Company Name mention on all Radio Promotions · Premier Sponsor Signage at Stage · Premier Recognition in Event · Complimentary Vendor Space (10 X10 Tent and 2 chairs to be included) · Logo branded on event Web Site events page. · Part ownership of all photos of the event · Naming rights to the event 6586 Committee Chair: ?hone Number: Merchandising: N/A Shirts: Vendor Cost: Quantity Radio: Contact: Phone: Email: Broadcast: Radio: Contact: Phone: Email: Broadcast: Marketing/Promotion Staff Yellow With Black Lettering Doug Astler Positive Image 189.00 50 Sunny 104.3 Shannon 561-616-4747 shannon1043@aol.com B106 Shannon 561-616-4747 shannon1043@aol.com Jewspapers: Contact: Palm Beach Post Lynn Howell Web: GoPBI.COM Ellen Burrs [eburrs@pbpost.com] Listin,qs Show Time Magazine: TGIF Magazine: 561-737-0110 561-820-4708/Fax 561-820-4445 pb-entertain~pbpost.com City Link Magazine: Laura Kokus Ikokus~,citylinkma.qazine com Boynton Beach Times: Signage: Posters: Flyers: 800-275-8820/561-791-7790 ext 216 Greg CRA & BODA Distributed By BODA & CRA Community Events Calendar: Community Website/Digital Cities/Chamber Website/Go PBI MC/Personalities: 6587 s'elevision: Channel 12 Miss BB Assistant News Director 561-844-1212 14 HOLD HARMLESS The Boynton Ocean District Association (hereinafter 'BODA') to the extent permitted by law, agrees to protect, defend, indemnify and hold The Boynton Beach CRA and its officials, employees and agents harmless from and against any and all lawsuits, penalties, damages, judgments, decrees, costs, charges and other expenses or liabilities related to BODA negligence in connection with or arising directly out of the BODA's Partnership or for the purposes associated with the Second Annual Boynton Beach Multi-Cultural Winter Carnival to be held on December 5, 2004. The BODA further agrees, to the extent permitted by law, to investigate, respond to, provide defense for, and defend any such claims, etc., at its sole expense and agrees to bear all other costs and expenses and attorney's fees relating thereto. Date Signed: October , 2004 Christine Francois, BODA President STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Christine Francois President of BODA is known to me to be the persons described in and who executed the foregoing instrument, who acknowledges before me that they executed the same and an oath was not taken. , , ~Witne~s my hand and official seal in the County and State last aforesaid this~._ft day of ~'~"~?~004. S~an Vielhauer, NOTARY PUBLIC My commission expires: 6588 6589 Memorandum Date: November 2, 2004 To: Debbie Majors, From: Annette Grey/Douglas Hutchinson Subject: December 5th 2004 Boynton Beach Multi-Cultural Winter Carnival Attached you will find the application for the Boynton Beach Multi-Cultural Winter Carnival. The event will be held on December 5th from Noon to 9:00 PM. Setup will begin at 10:00 AM and take down will be completed by 10:00 PM. This year the event will piggy-back with the parade that will be held the same day. Attendance is projected to be between 1000 to 2000. The event will be held at SE 6th Court, Utilizing theBank of America and the First Financial parking lots, east of Federal Highway A flyer announcing the event will serve as notification to local businesses and residents. Businesses in the immediate vicinity, that have liquor licenses will be visited and asked to make special arrangements to ensure that patrons do not leave their establishment with bottles or glass containers (plastic only policy). I will contact a representative of the FEC Railroad and get their schedule for the evening of the event and a volunteer will be posted at the crossing along with barricades on both sides as added precaution. I have contacted the Port O Let companies to order 5 units: 2 male, 2 female and one handicap. The Amusement rides will be managed by Reithoffer shows. I have attached a copy of the agreement. Please note that they will be completely insured and they will handle the inspection by the state. 6597 Both the owners for the Bank of America and the First Financial Plaza property have been contacted and will be provided a hold harmless agreement for the Amusement rides to be on the parking lot. Please view the list below to identify what I am requesting from your department. I can be reached via phone 561-737-3256, fax 561-737-3258 or via e-mail graya@ci.boynton- beach.fi.us with any questions and responses. Chuck Magazine: Fire Department: Sgt Lillie: Art Brode: Glenda Hall Charlie Crawford Larry Cochran: Sharon Vickie: Wayne Segal: Carisse Weise: Bob Vanderberg: Certificate of Liability Insurance (Attached) 2 personnel unit Fire 6:00 PM - 9:00 PM 2 Police Officers (Noon to 9:00 PM) 2 large and 10-10 gallons Trash Containers (one SE Parking lot one NE Parking lot BOF 561-742-6585 Landscaping 12 folding tables 8 chairs 4 10x10 tents 1 Bucket Truck/lights Veterans park/Stage lights & across the street with port-o-lets 561-742-6020 Advertising on the Civic Center, Hester Center, & Little League Park Marques Advertisement on City Phone messaging system Advertisement on the City Hall Marque Barricades & 20 orange cones for Winter wonderland (We will return them at the end of the event) 6598 Street Barricades We are requesting the following streets are barricaded: (Public Works Department) Ocean Ave west bound lane at Federal Highway-and Ocean at SE 6th Street just, before the bridge (Ocean Ave East bound lane open with traffic cop at the light) Traffic coming out of Two Georges and Banana Boat will Detour south on SE 6th street or left east over the bridge. NE 6th Court at Boynton Beach BIvd will also be blocked Public Parking: is indicated on the area map; Public parking sites are proposed for the Bank of America and the First Financial Plaza parking lot both have been contacted to obtain permission Thank you for you assistance with this event. Please feel free to call me with any questions or suggestions 561-737-3256. Sincerely, AnneEe Gray 6599 CITY OF BOYNTON BEACH APPLICATION FOR SPECIAL EVENTS Page 1 of 3 lease type information or print legibly in dark ink. Application must be filled out completely. A detailed site map showing all temporary structure locations (stages, restrooms, signage, tents, etc.) must be attached. Application fee must also be included when application is turned in to the Recreation Department, or it ~511 not be reviewed. EVENT PROPOSAL Name of Event Detailed description of the event Requested location of event Alternate location of event Dates and times of the event Second Annual Multi-Cultural Winter Carnival Street Festival With Carnival Rides, a Concert, winter wonderland and Kids Zone using Bank of America Parking lot and the First Financial Plaza lot on Ocean Ave and NE 6th Ct east of Federal Hwy. Close Ocean Ave from west bound lane onlyFederal to the NE 6th Street Noon to 9:00 PM December 5 2004 Noon - 9:00 PM Date Day Begin End Event Day 1 12/5/04 Sunday Noon I~ PM g 9:00 PM Event Day 2 ~ AM p PM -- g AM ~ PM Event Day 3 It AM g PM -- It AM It PM Set up for event will begin on Breakdown will be complete by Alternate date for your event IDate 12/5//04 Sunday I Time 9:00 AM Date 12/6/03 Time I0.00 PM NA Organization (s) Producing Event: Name: Boynton Beach CRA Address 639 E Ocean Ave Suite 107 Name BODA Address 115 S Federal HWY City BoTnton Beach City Boynton Beach State/Zip FL 33435 State/Zip FL 33435 Phone 561-737-3256 Phone 561-737-8836 Fax 561-737-3258 Fax 561-732-4305 # of full time staff members in the organization 3 # of volunteers in the organization 10 Individual(s) Responsible: # of ~ulI time staffmembers in the organization NA # of volunteers in the organization 10 Name Douglas Hutchinson Name Christine Francois Address 639 E Ocean Ave Suite 107 Address 115 S Federal I-B,VY City Boynton Beach City Boynton Beach State/Zip FL 33435 State/Zip FL 33435 Phone 561-737-3256 Phone 561-737-8836 Fax 561-737-3258 Fax 561-732-4305 Non-Profit, Private or Commercial Tax Exempt Number: 60-04-223886-54 c Corporation Name NA Date of Incorporation (Please attach a copy of your sales tax certificate to the application) NA Purpose of the event (Goals, etc.) Promotion of Downtown Businesses and district while providing a venue for entertainment to citizens and visitors. 2 amber of years this event has taken place in the City of Boynton Beach: Is event produced in other cities? NO If yes, what cities? Estimated number of participants 1500 attendees GovernmenffNon Exempt 66OO CITY OF BOYNTON BEACH APPLICATION FOR SPECIAL EVENTS Page 2 of 3 lease list charges for participants and viewers below (admission, registration or entrance fees): Vendor Fees _Number Cost Per Vendo[ Estimated Revenue Food Vendors l 0 75.00 750.00 Art Vendors (other) 10 50.00 500.00 Tickets/Registration Number Cost per Estimated Revenue Ticket/Registration Fee Adults NA NA NA Children NA NA NA Seniors NA NA NA How will these revenues be utilized? Event Overhead If the proceeds of the requested event are intended for an organization other than the applicant, please provide the following information: Benefiting organization: Adopt A Family Address: City/State/Zip: Contact Person: Phone: Terms of Agreement: Total Estimated Donation: Event Lo~stics: Will your event require road closure? Yes If yes, please describe requested streets and times be]ow: ~cean Ave at Federal to the Bridge NE 6t~ court at Bo,/nton beach Bird A map of this area must be attached. Does the proposed area include fenced areas? No If yes, clearly indicate the exact areas to be fenced on the map. There are specific requirements regarding fencing on city property. Will event require the use of electricity? g YES Location: Bank of America Parking Lot Events requiring electricity must hire an electrician, licensed in the City of Boynton Beach. (Please show locations on map) Name of Electrician City / Generator Company Name Phone No. The event promoter is responsible for clean-up of all event sites. The City of Boynton Beach will provide dumpsters for your event at your request All dumping fees will be charged to the promoter by the city. If event site is not cleaned thoroughly, a clean-up charge will be assessed. Who will provide clean-up service during and after the event? Company: BODA/Volunteers Phone: 561-737-8836 Number of dumpsters needed: 2 Location (please show on map): Bank of America Parking lot SE and NE Lot Number of temporary restroom facilities being placed: 2 M 2F 1 Handicap First Financial Plaza SE lot (The minimum number of facilities should be one per 200 persons. Please show on locations map) Will music be provided Vt YES Number of loud speakers: City System DATE TIME OF DAY TYPE OF MUSIC 12/05/04 Noon - 9:00 PM Will food and/or beverages be served? Vt YES p Food (Please indicate the locations of these areas/booths on the site map. Permission to sell alcohol on public property must be given by the City Commission.) 10 re you utilizing public transportation? NO CITY OF BOYNTON BEACH APPLICATION FOR SPECIAL EVENTS Page 3 of 3 How? Please explain. Are you proposing to place signs or erect banners? Stage Signage Only (Indicate their location on site map) Will any temporary structures be erected (stages, tents, ticket booths, etc? (Indicate their locations on site map) Will the event have any vendors or concession sales? Will the event include amusement r/des? Yes What amusement rides are planned? (All amusement rides must be approved by the state. Please indicate on site map) Signature YES Please indicate no YES Stage 10X 10Booths If yes. company providing the equipment Reithoffer Shows Date Please enclose the appropriate non-refundable application fee payable to The City of Boynton Beach Recreation Department P.O. Box 310, 100 E, Boynton Beach Blvd. Boynton Beach, FL 33425-0310 OR STAFF USE ONLY p, SITE MAP g SALES TAX CERTIFICATE g APPLICATION FEE RECEIVED: NAME ON CHECK: DATE APPLICATION RECEIVED AMOUNT: $ CHECK #: DATE: APPROVALS: PLANNING & ZONING DIVISION BUILDING DIVISION FIRE DEPARTMENT POLICE DEPARTMENT RISK MANAGEMENT £CREATION DEPARTMENT SIGNATURE DATE SIGNATURE DATE SIGNATUR~ DATE SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE 6602 11 HeritageFest February 2005 Heart of Boynton Beach Contact: Annette Gray 561-737-3256 Angela Girtman 561-737-6067 6603 2003/2004 FESTIVAL t EVENT/PROGRAM GRANT FUNDING PROGRAM APPLICATION FORM Boynton Beach Community Redevelopment Agency (Please Print Or Type Only - Use Additional Sheets If Necessary) APPLICANT INFORMATION Name of Festival Event/Program: Name of Applicant: Address: Address: ~ City/ State: President/Owner/Agent: Non-Profit Status: Zip Code: Phone # Day:,CTM- 737- Fax: ~4~,i- 757-~go~7 Festival ~ Event Evening: ~'/~/- 73Y-Tg3 E-Mail: Program [] Other Description of the Festival/Event/Proqram if this is not included in City Event Permit Application Attachment. ('Include whether it is a new or existin,q with history) Boynton Beach CommuniN Redevelopment Agency Festival/Even~ Program Grant Application 6604 Revised 01/28/04 Page 1 of 5 Describe the Role of your Organization & Volunteers with the amount of hours you will devote to the festival/event/program: T~,.~ e_~_~- ~J( -j-o.-~',-e_ o~acc_ Describe the Role of the CRA: ~ Funding Only Funding and Staff In-Kind Assistance [] staff In-Kind Assistance Only 6605 Boynton Beach Community Redevelopment Agency FestivaVEvents/Program Revised 1/28/04 Page 2 of 4 FESTIVAL/EVENT/PROGRAM INFORiVIATION Describe Festival/Event/Program proposed. Attach the following items: ,~ Festival/Event/Program(s) write-up(s) describing in detail the scope of the Festival, Event, or Program(s). (Where will it be held, how big an area, number of volunteers, number of visitors.) ,,-"'Event Schedule including the date(s) of Festival/Event/Program(s) and time line, · Maps or sketches of the event site,(if applicable), ~ Budget for the Festival/Event/Program(s) with Sources and Uses. Indicate what funds are secured and what are speculative and evidence of financial ability to pay for the Festival/Event/Program(s). Applicant must supply copies of sponsorship commitment letters and/or bank statements. ~'~ The proposed marketing plan and how will the CPA's participation in the Festival/Event/Program(s) be acknowledge, · Insurance certificate with the CRA named as additional insured and a signed hold harmless agreement. · Provide photos of past Festival/Event/Program(s) (if applicable). · A completed Special Events application for the City of Boynton Beach Events Permits (if applicable). · The following are required as post event justification accounting: (1) Project accounting including invoices, receipts, or other acceptable evidence of payment from suppliers that have been marked "paid". Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check or signed "Paid" receipt, (2) attendance analysis (state method of establishing attendance estimates), (3) photos (electronic preferred), (4) copies of press and media coverage including press clippings, posters, and amount of dollars and in-kind value received, length and number of spots. · Post event accounting is due to the CRA no later than 30 days after the event. NOTE: An expense amount changed from an approved Application without prior CRA Board approval may be subject to repayment by the applicant to the CRA. 66O6 Boynton Beach Community Redevelopment Agency Festival/Events/Program Revised 1/28/04 Page 3 of 4 Applicable documents must be attached four 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. Or¢ln~zation President or Agent (Print) Organization Presi/dent o~ Agent (Date) CRA Director STATE OF FLORIDA, COUNTY OF PALM BEACH (Date) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared 't C( ~.:_;, ~, '-I \ · r ~ V~ C~U , who iS personally known to me or produced i"~1-- tv'~ ~ ~-~ ~'-~ as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of ¢ ~,~' ,¢ ~..-_~_z¢,_ ,200~. NOTARY PUBLIC 8uaen Vlethauer My Cemmisaon DD21~03 My Commission Expires: 6607 Boynton Beach Community Redevelopment Agency Festival/Events/Program Revised 1/28/04 Page 4 of 4 2003~2004 FESTIVAL/EVENT/PROGRAM GRANT FUNDING PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency FESTIVAL/EVENT/PROGRAM GUIDELINES The following guidelines are intended to inform a potential grant applicant of the extent and scope of the CRA Festival/Event/Program Grant Funding Program. The purpose of the funding program is to encourage collaborative efforts and partnerships between the Boynton Beach CRA, Business Associations, Citizens, City of Boynton Beach, Chamber of Commerce, and Private Businesses. The following guidelines are applicable to this Program: Eligibility Requirements: The Grant Program is available only for Non-Profit Organizations. The Festival, Event, or other Program must directly benefit the community revitalization area of the Boynton Beach Community Redevelopment Agency (CRA). Note: see attached CRA Map. Maximum Festival/Events Grants Amounts: The CRA will provide a grant for eligible Festivals/Events up to the pre approved CRA budget amount. Maximum Program Content Grant Amounts: Program Concepts other than identified annual Festivals and Events requests will be accepted on a merit basis by the CRA. The CRA Budget for Program Content Grants has no definitive amount however funding is limited. Process: The Applicant agrees to provide a completed application and proposed budget two months prior to the 15th of the month before the CRA Board Meeting to the Festival/Event/Program date for the CRA's consideration for funding. CRA Acknowledgement For Funding: The applicant will acknowledge the CRA's participation in the Festival/Event/Program. That acknowledgement shall be defined in the application and approved by the CRA Board prior to funding. Required Accounting: If approved, successful applicants may receive funding prior to the event or festival. At the conclusion of the event, the grantee must submit supporting documentation to the CRA Board, which will consist of project accounting, project analysis summary, coverage received, etc. Boynton Beach Community Redevelopment Agency Festival/EventJPregram Grant Program Agreement Page I of 2 Revised 01/04/04 6608 Insurance: Applicant will be required to carry event insurance as well as naming the CRA as additional insured. Applicant will also sign a hold harmless agreement with the CRA. , CRA Event Material Usage: Grantees shall grant the CRA the right and use of photos and project materials. No Grantee For Funding: Grantees must complete and submit an application to be considered for funding. APPLICATION SUBMITTAL TO THIS PROGRAM IN NO WAY GUARANTEES CRA FUNDING, President or agent (Print) Organization President or agent Z(D~te) CRA Director STATE OF FLORIDA, COUNTY OF PALM BEACH (Date) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared -i~\.~ {.~-~,,.~_5~ ~ ~ -t-~ ~. , who is personally known to me or produced ~ "~. ~, ~ ~' '~ ~-~.~ ,_ as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of NOTARY PUBLIC ~-~->(,~.~(, ~.,~ ~, My Commission Expires: (~A~(~ ,200zf. 6609 Boynton Beach Community Redevelopment Agency Festival/EventJProgram Grant Program Agreement Page 2 of 2 Revised 01/04/04 Event Concept: To develop a sense of community where children and adults of all ethnic backgrounds work, play and celebrate as one. Event Goal: "To provide a celebration of Black Culture that motivates, empowers and informs the public of the ties that our community together through the enjoyment of the arts, education and pride in African-American accomplishments and heritage ;build pride in the ethnic Heritage and encourage investment in talent, education, business and property, and to build an image for the area, which reflects and sustains economic activities. Location: Boynton Beach Projected Attendance A) Number 20,000 B) Demographics: Families, multiple ages and cultural heritage 6610 i-< i~ Event Schedule Date: February 2005 Proposed Schedule of Events February 2005 Week 1 Feb 4th - 6* Basket Ball Tournament Art & Science Competition Essay/Oratory Contest Hester Center Boynton Beach Mall City Library Feb4~-6~ Feb 5~ Feb 5~ Week 2 Heart of Boynton Martin Luther King Bird Feb 10~h - 13th Carnival & Circus Sara Sims Park Movies on the Avenue (Five Heartbeats) Downtown Ocean Ave Week 3 Poinciana Elementary School Feb 19th Book Fair Youth Award/Coronation Miss Black USA Tuskegee Air Men Carnival Sara Sims Park Feb 10th -13th Feb 11th Week 4 Feb 26m Seacrest Ave &Hester Center Parade Seacrest Concert "An international Affair~' MLK R&B Caribbean Celebration (irs a Small World Elementary Schools adopt an Island) MLK Reggae Haitian Spanish Tdnidad and Tobago 6612 6613 Event Contribution CRA Sponsomhip Budget Projected Income County Sponsorship Sun Sentinel City Commissioners Discretionary Fund Other Sponsorship Vendors Baaed on last Year Entrance Fee Basket Ball Tournament $2s0 e~0 t~ama Attendance Basket Ball Tournament $5~ 200 Concert International Affair $~s~3000 Carnival Based on last yearn Total 6,000 12,500 5,000 3,000 5,000 2,000 3,000 2,500 1,000 45,0000 6,000 $91,000 6614 Budget Worksheet Continued Projected Expenses Promotions Radio Newspaper Ticket Master Posters $3,000 In-Kind $1,200 In-Kind Entertainment Catering (Turn Key napkins plates food etc) Hospitality of Entertainers $16,000 $5,000 $5,000 Airline Travel, Hotel, Airport Transportation, Back stage Refreshments Stage Light & Sound $1,475 Event Fencing $5,000 Police NA Fire $500 Celebrity Guest appearances/Motivational Speakem $3,000 Scholamhips $3,000 Port O lets $500 Basket Ball Officials $420 DJ $ 375 Trophies $2,000 Total $42,270 6615 Underwriting/Marketing Branding As a Partner and underwriter the CRA, and in return for the grant funding and in-kind Staff assistance services, the following marketing and Branding opportunities will take place: · Company Name and Logo Branded on all Promotional Materials · Company Logo on all Printed Media Materials · Company Name mention on all Radio Promotions · Premier Sponsor Signage at Stage · Premier Recognition in Event · Complimentary Vendor Space (10 X10 Tent and 2 chairs to be included) · Logo branded on event Web site events page. · Part ownership of all photos of the event · Naming rights to the event 6616 Marketing/Promotion Merchandising Committee Chair: Phone Number: Ticket Sales Shirts: Vendor Cost Quantity Radio: Contact: Phone: Fax: E-mail Ticket Masters Positive Image B106.3/102.3 Celia Joseph 561-856-6854 561-684-7400 celiax1023~yahoo.com Radio: Contact: Phone: Fax: Broadcast: Newspapers: Contact: Delray Beach Neighborhood Post Sun Sentinel: Phone: Fax: Public Relations: Contact: Listings Show Time Magazine: TGIF Magazine: City Link Magazine: Sunny 104.3 Shannon Sullivan 561-686-9505 561-689-4291 Palm Beach Post Gayle Howden Vice President Community Relations 561-820-4131 Ken Bohanen 561-820-4494 EIlisa Kramer 561-279-3450 Contact: Brandy Upfight 561-243:6659 561-243-6547 LB Ltd & Associates Inc. Bruce Lewis 561-833-8080 561-737-0110 561-820-4708/Fax 561-820-4445 pb-entertain(~pbpost.com 6617 Laura Kokus Ikokus(~citylinkmagazine.com Boynton Beach Times: 800-275-8820/561-791-7790 ext 216 Greg Signage: Posters: E-mail Blast: Fax Blast: Flyers: Community Events Calendar: BANNER Committee Volunteer's will distribute CRA CRA Committee Volunteers will Distribute Community Website/Digital Cities/Chamber website/Go PBI.com/CRA Website MC/Personalities Provided by Radio Stations 6618 HOLD HARMLESS The HeritageFest 2005 Committe (hereinafter 'HeritageFest Committee') to the extent permitted by law, agrees to protect, de,fend, indemnify and hold The Boynton Beach CRA and its officials, employees and agents harmless from and against any and all lawsuits, penalties, damages, judgments, decrees, costs, charges and other expenses or liabilities related to the HeritageFest Committee's negligence in connection with or arising directly out of the HeritageFest Committee Partnership or for the purposes associated with the Twenty second HeritageFest Event to be held on throughout the month of February 2005. the HeritageFest Committee further agrees, to the extent permitted by law, to investigate, respond to, provide defense for, and defend any such claims, etc., at its sole expense and agrees to bear all other costs and expenses and attorney's fees relating thereto. Date Signed: October , 2004 Angela Girtman, Committee President STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Angela Girtman President of the HeritageFest Committee is known to me to be the persons described in and who executed the foregoing instrument, who acknowledges before me that they executed the same and an oath was not taken. Witness my hand and official seal in the County and State last aforesaid this __ day of ,2004. Susan Vielhauer, NOTARY PUBLIC My commission expires: 6625 Memorandum r)ate: To: From: Subject: November 2, 2004 Debbie Majors Annette Gray/Angela Girtman Heritage Festival Attached you will find the application for the Heritage Festival. The event will be held on throughout the Month of February, however this memo will discuss the date for which assistance will be needed. February 4th 5th 6th Hester Center Basket Ball Tournament Police Patrol & Traffic control only February 19th Poinciana Elementary Police & Traffic Control Only February 26th Parade and Concert A flyer announcing the event will serve as notification to local businesses and residents. Businesses .~ the immediate vicinity that have liquor licenses will be visited and asked to make special arrangements to ensure that patrons do not leave their establishment with bottles or glass containers (plastic only policy). I have contacted the Port-O-Let companies to order 5 units: 2 males, 2 females and one handicap. The Amusement rides will be managed by Reithoffer shows. I have attached a copy of the agreement. Please note that they will be completely insured and they will handle the inspection by the state. Please view the list below to identify what I am requesting from your department. I can be reached via phone 561-737-3256, fax 561-737-3258 or via e-mail graya@ci.boynton-beach.fl.us with any questions and responses. 6626 Chuck Magazine: Rick Lee: Sergeant Lillie: February 4th 5th 6th Certificate of Liability Insurance (Attached) 2 man unit Fire & EMT February 26th 6:00 pm to 11PM Police Hester Center Patrol February 19th Poinciana Elementary Patrol and Traffic cantrol February 26th Parade Hester Center to MLK 3 pm to 6 Pm Concert MLK 6pm to 11:00 PM Art Brode: Trash Containers Along MLK Concert MLK 6pm to 11:00 PM Larry Cochran: Lights/Bucket Truck MLK Concert MLK 6 PM to 11:00 PM Sharon Vickie: Advertising on the Civic Center, Hester Center, & Little League Park Marques Concert MLK 6 PM to 11:00 PM 15 10X10 Tents Tom Balf: Stage & Tent Concert MLK 6 PM to 11:00 PM Large City Stage with Cover 10×60 VIP tent with sides Wayne Segal: Advertisement on City Phone messaging system/staff City Library - adver[ise all events in city newsletter that goes out with water bills Carisse Weise: Advertisement on the City Hall Marque Mary DeGraffenreidi: Staff facilities Hester Center Grounds February 4th 5th 6th Basket Ball Tournament February 19th Parade Staging At Hester 6627 Bob Vanderberg: We are requesting the following streets are barricaded and coned: (Public,Works department) February 26th Parade Seacrest 17th to MLK (Hester Center to MLK & all access roads to Seacrest) February 26th Concert Seacrest & MLK to Railroad Ave. Glenda Hall: Landscaping MLK Community clean up partnership with the United Way; Planned for 1/19/05. Mark Law: Electrician & Generator: I will be contacting Facilities Management to request the following: an electrician and 1 generator. I have obtained a copy of the electricity guidelines, however, I am confident that the Facilities staff who will be assigned to the event will be very familiar with the guidelines. February 26th Concert Seacrest & MLK to railroad Ave. Public Parking: Letters and Hold Harmless Agreements will be negotiated with the owners of parking ")ts designated for public parking. Shuttle: To loop from designated parking areas to event site. Charlie Crawford: 55 Tables & 55Chairs February 26th Concert Seacrest & MLK to Railroad Ave. Thank you for you assistance with this event. Please feel free to call me with any questions or suggestions 561-737-3256. Sincerely, Anne~e Gray 6628 Heritage Festival, Vision Statement: To develop a sense of community where children and adults of all ethnic backgrounds work, play and celebrate as one, Heritage Festival, Mission Statement: "To provide a celebration of Culture that motivates, empowers and informs the public of the ties that bind our community together through the enjoyment of the arts, education and pride in African-American accomplishments and heritage." Location: Boynton Beach Projected Attendance A) Number: 20,000 B) Demographics: Families, multiple ages and cultural heritage Proposed Schedule of Events February 2005 Week 1 Feb 4th - 6th Basket Ball Tournament Art & Science Competition Essay/Oratory Contest Hester Center Feb 4th -6th Boynton Beach Mall Feb 5th City Library Feb 5th leek 2 Heart of Boynton MLK Blvd Feb Carnival & Circus Sara Sims Park Movies on the Avenue (Five Heartbeats) Downtown Ocean Ave Week 3 Poinciana Elementary School Feb 19th Book Fair Youth Award/Coronation Miss Black USA Tuskegee Air Men Carnival Sara Sims Park 10th - 13th Feb 10th -13th Feb 11th Week 4 Seacrest Ave &Hester Center Feb 26th Parade Seacrest Concert "An international Affair" MLK R&B Caribbean Celebration (It's a Small World Elementary Schools adopt an Island) MLK Reggae Haitian Spanish Trinidad and Tobago 6629 CITY OF BOYNTON BEACH APPLICATION FOR SPECIAL EVENTS Page 1 of 3 Please type information or print legibly in dark ink. Application must be filled out completely. A detailed site map showing all temporary Structure locations (stages, restrooms, signage, tenis, etc.) must*be attached. Application fee must also be included when application is mined in to the Recreation Department, or it wiI1 not be reviewed. EVENT PROPOSAL Name of Event Detailed description of the event Requested location &event Alternate location of event Dates and times of the event Heritage Festival Month Long Celebration of Heritage & Culture City Wide Multiple Locations NA February 4m ,5TM 6t~ Feb 19th Feb 26th Date Day Begin End Event Day 1 4th 5th 6th Fri, Sat Sunday 10:00 AM Event Day 2 19t~ Saturday Noon PM 11:00 PM Event Day 3 ~- Saturday Noon AM 1 lpm g AM g PM Set up for event will begin on Breakdown will be complete by Set up for event will begin on Breakdown will be complete by Set up for event will begin on Breakdown will be complete by Set up for event will begin on qreakdown will be complete by Alternate date for your event Date 4th 5th 6TM Hester Center No set up Basket Ball Tournament Police Patrol Date 4TM 5tn 6TM No Break Down Date 19t~ Poinciana Elementary No set up Police Patrol And Traffic Date 19t" No Break Down Date 26tn MLK 9 AM Date 26th 12 Midnight NA Organization (s) Producing Event: Name: Boynton Beach CRA Address 639 E Ocean Ave Suite I07 Name Heritage Festival Committee Address I920 NE l~t Lane City Boynton Beach City Boynton Beach State/Zip FL 33435 State/Zip Fl/33435 Phone 561-737-3256 Phone 561-734-7839 Fax 561-737-3258 Fax 561-734-7839 # of full time staffmembers in the organization 3 # of volanteers in the organization 10 Individual(s) Responsible: # of full time staff members in the organization 0 # of volunteers in the organization 24 Name Douglas Hutchinson Name Angela Gittman Address 639 E Ocean Ave Suite 107 Address 1920 NE Ist Lane City Boynton Beach City Boynton Beach State/Zip FL 33435 State/Zip FI 33435 Phone 561-737-3256 Phone 561-734-7839 Fax 561-737-3258 Fax 561-734-7839 Non-Profit, Private or Commercial Government/Non Exempt Tax Exempt Number: 60-04-223886-54 c Corporation Name NA Date of Incorporation (Please attach a copy of your sales tax certificate to the application) 663O 9 Purpose of the event (Goals, etc To prowde a celebration of Culture that motivates, empowers and informs the public of the ties that bind ,ur community together through the enjoyment of the arts, education and pride in African-American accomplishments and heritage." Number of years this event has taken place in the City of Boynton Beach: Heritage Festival, Vision Statement: To develop a sense of community where children and adults of all ethnic backgrounds work, play and celebrate as one. 22 Is event produced in other cities? Estimated number of participants Event Total NO If yes, what cities? 3,000 per weekend 15,000 to 20,000 6631 CITY OF BOYNTON BEACH APPLICATION FOR SPECIAL EVENTS Page 2 of 3 lease list charges for participants and viewers below (admission, registration or entrance fees): Vendor Fees Number Cost Per Vendc~r , Estimated Revenue Food Vendors 30 75.00 2250 Art Vendors (other) 10 50.00 500 Tickets~Reg/stration Adults Children Seniors Number Cost per Estimated Revenue TickeffRegistration Fee 3,000 $5.00 15,000 100 $5.00 500 How w I these revenues be utilized? Scholarships and Funding of An event OverHead If the proceeds of the requested event are intended for an organization other than the applicant, please provide the following information: Benefiting organization: Address: City/State/Zip: Contact Person: Phone: Temas of Agreement: Totai Estimated Donation: Event Loaistics: Wil your event require road closure9 Yes If yes, please describe requested streets and times below: aturday Februar~ 26th 2004 Seacrast & MLK to Rail Road Ave with Traffic Officer to allow local residents to access homes. ,ester Center I7m St NVq 3m & 17TM to MLK A map of this area must be attached. Does the proposed area incIude fenced areas? Hester Center __NO__If yes, clearly indicate the exact areas to be fenced on the map. There are specific requirements regarding fencing on city property. Will event require the use of electricity? Yes Location: MLK Events requiring electricity must hire an electrician, licensed in the City of Boynton Beach. (Please show locations on map) Name of Electrician City / Generator Company Name Phone No. The event promoter is responsible for clean-up of ail event sites. The City of Boynton Beach will provide dumpsters for your event at your request. Ail dumping fees will be charged to the promoter by the city. If event site is not cleaned thoroughly, a clean-up charge will be assessed. Who will provide clean-up service dur ng and after the event? Company: City Phone: Number of dumpsters needed: Location (please show on map): Number of temporary restroom facilities being placed: 2 Males 2 Females 1 Handicap (The minimum number of facilities should be one per 200 persons. Please show on locations map) Will music be provided Yes Number of loud speakers: City System DATE TIME OF DAY TYPE OF MUSIC ~aturday Feb 26th 6:00 PM - 11:00 PM Caribbean R&B Jazz & Gospel 6632 Will food and/or beverages be served? ~ Yes Varity g Food 11 (Please indicate the locations of these areas/booths on the site map. Permission to sell alcohol on public property must be given by the City, Commission.) CITY OF BOYNTON BEACH APPLICATION FOR SPECIAL EVENTS Page 3 of 3 Are you utilizing public transportation? Yes Shuttle from Boynton Beach Mall Are you proposing to place signs or erect banners? Stage and Hester Center (Indicate their location on site map) Will any temporary structures be erected (stages, tents, ticket booths, etc?) (Indicate their locations on site map) Will the event have any vendors or concession sales? YES Please indicate Will the event include amusement rides? Yes YES CityStage 10X 10 Booths If yes, company providing the equipment Reithoffer Shows What amusement rides are planned? Variety (All amusement rides must be approved by the state. Please indicate on site map) Signature Date Please enclose the appropriate non-refundable application fee payable to The City of Boynton Beach Recreation Department ".O. Box 310 30 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 FOR STAFF USE ONLY I1 SITE MAP g SALES TAX CERTIFICATE g APPLICATION FEE RECEIVED: NAME ON CHECK: AMOUNT: $ DATE APPLICATION RECEIVED CHECK #: DATE: APPROVALS: PLANNiNG & ZONING DIVISION BUILDING DIVISION FIRE DEPARTMENT POLICE DEPARTMENT ,'dSK MANAGEMENT RECREATION DEPARTMENT SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE 6633 SIGNATURE DATE MEMO TO: CRA Board FROM: SUBJECT: DATE: Susan Vielhauer Consideration of Fa(;ade Grant Extension for Colonial Center Condominium Association, Inc. October 23, 2004 According to the FaCade Grant Program, the applicant must request a six-month extension if they will not be completed within the original grant period of six months. This six-month extension period shall begin on November 12, 2004, which is the termination date the original grant. Colonial Center Condominium Association, Inc has been delayed due to the two hurricanes, which uprooted trees and electrical Fines in the parking and lighting areas. They are expected to complete their project by December 2004. Staff is recommending the extension for Colonial Center Condominium Association, Inc. 6634 RECEIVED OCT 9 80YNTON BEACH C.R,A~ Colonial Center Assaciation, Inc. C/O Fairman & Associates,-Inc. 4281 N.W. 1st. Avenue Boca Raton, Fl. 33431 Phone: (561) 362-7224 Fax: (561) 362-8823 Community Redevelopment Agency City of Boynton Beach 639 E. Ocean Ave. Suite 103 Boynton Beach, F1 33435 CRA Board of Directors, We are formally requesting a six month extension to the Fagade Grant Request for our lighting project which was approved on May 11, 2004. The reason for our request is due to the extensive hurricane damage that was caused throughout the property. There were several trees that were uprooted and have damaged some of the lighting materials we have installed. The same trees that were uprooted have caused obstructions that inhibit the completion of the project. We have contracted a certified arborist to remove the trees and clear the areas; once the trees and debris are removed we will be able to complete the lighting project. We hope you will consider the request for extension. Sincerely, ~ ~ Allen Martincavage, Sr. Esq. Director Colonial Center Condominium Association, Inc. 6635 MEMO TO.' CRA Board FROM: Susan Vielhauer SUBJECT: Consideration of the Health Insurance Renewal for CRA Staff DATE: October 29, 2004 As per the Human Resources manual, Section 6-10, Staff has reviewed the Health Insurance options for the Boynton Beach CRA, which renews on January 1,2005. Staff researched several insurance companies, but there were very few who would insure small groups. Staff has attached a spreadsheet with several plans offered by Aetna Health Insurance, Vista and AVMED. I have split the Aetna cost out for the Director and Controller due to the fact they include children, which calculates: CRA Executive Director Controller Administrative Assistant Secretary Monthly Total $ 346.60 $ 429.70 $ 411.70 $ 411.70 $1,599.70 Currently, Staff is insured by the Aetna POS 1 plan option, which Staff is very satisfied with. The current amount in the Health Insurance Budget Line item is $23,815 for the 2004-2005 budget year, which was calculated at $496 per month for four employees. Staff is recommending retaining the current POS system for $19,196.40. 6640 FROM :MKRSS FRX NO. :1954827577~ Oct. 27 200~ 09:01AM P2 6641 FROM :MKASS FAX NO. :19548275774 Oct, 27 2004 09:01AM P3 RENEWAL. CITY OF ~OYN'i'ON J--'ffac~Jva Date 01/01~6 ~ Dam 01~1~ ~ ~ ~B t~0 (t0/~ ~ PI~ SPU Sume~ Cop~ (~ H~l~tlon ~pay/N Bafi~c SU~: N~ U~ent C~ Co~ (~26) MH O/P ~ (~2s) ~/~1 ~e Eye ~m ~: (~) 31~ Day SuOply: Chi~m~c ~ (~) DME ~m ~y; ~); Quote JD 9701975 Page 1 O, 2004 ~.~ ~1t.~ ~.~ S~.~ ~2,10 ~.10 81~20 $1~ ~.~ ~.~ ~-~ $718.70 ~.TO ~,70 ~1~.~ $1~.~ $518.60 ~.~ ~,~ ~.~ ~.00 $628,~ ~.~ $~,~ $11~.~ $t192.o0 $14~,10 $14~.t0 $291,~ $1~.~ ~.10 ~,~ ~.40 The ~going rat~ apply in the :Sentimo Area apedtfecl above, ~ ~11 va~ ~r ~er ~i~ ~, ~ ~ la d~in~ ~ T~ monthly quo~ m~ am ~JJd ~ of~ ~ive Dam e~ apply only ~ ~e ~t [~l a~ ~ne ~ ~ and a~ subj~ ~ ~e ~ and ~ndi~ons ~ ~ in ~e HMO'8 Group MaWr ~ ~y ~en~ ~ ~ [MI or ~na ~ able m~ ~uim a ~ange ~ ~. This p~ ~ subje~ ~ ~nge at ~y time pdor~ ~ e~n~ by~ HMI~ ~ Emp~e~e offer. Smnea~ BWP Is 3 months minimum, 6 mon~ m~m or ~ ~ in~mbe~ ~ede B~ up ~ ~ mo~s ~mum. Em ploym' Authmlzefien CC: Date 6643 ~d W~E0:60 ~00~ L~ '~o0 ~Z~S&~8~GT: 'ON XU~ .,,,~.s~ .~lO.~ ~?0.~ $612.7( $~9.50 ,$770,30 $7~0.~ :~'1.~2~.,~0 $1,~L60 ~a~4 ~,~ pu 6644 Sd WW£0:60 ~00~ &g '~°0 ~L~S~8~G~: 'ON ×W~ SSW~W: WO~ 6645 ga WUI~O :68 ~00E ~.~ '~o0 ~&/-.~Z.~ST: 'ON X~ SS~W: FROM :MKASS FAX NO. :19548275774 Oct. 27 2004 09:04AM P7 t FROM :Mt<ASS FRX HO. :19548275774 Oc~. 27 2004 09:05RM P8 FROM :MKASS FAX MO. :19548275774 Oct. 2? 2004 09:06AM P9 MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: Consideration of Executive Director's Contract DATE: October 27, 2004 Attached is a copy of the CRA Executive Director's Contract for employment for your approval. The contract is annual agreement starting October 14, 2004 to October 13, 2005. The only changes in this contract are a 3% pay increase, which is an increase from $$93,500 to $96,305. The second change is a 3% increase in CRA Executive Director's Automobile Expense, which is an increase from $3,600 to $3,708. Staff is recommending approval of the CRA Executive Director's Contract. 665O C:\Susan_shared fileskmemosWiEMOconsiderCRA Executive Director contract 2004 05.doc EMPLOYMENT CONTRACT THIS CONTRACT is entered into on 14th day October 2004, between the Boynton Beach Community Redevelopment Agency hereinafter referred to as "CRA" and DOUGLAS C. HUTCHINSON. RECITALS The CRA and DOUGLAS C. HUTCHINSON acknowledge the following as the basis for this contract: The CRA is desirous of retaining the services of the DOUGLAS C. HUTCHINSON to serve as the Executive Director of the CRA, and DOUGLAS C. HUTCHINSON agrees to provide said services. In selecting DOUGLAS C. HUTCHINSON to be the Executive Director of the CRA, the CRA has relied on all information and materials appearing on or furnished in connection with his/her application for that position, including representations made in oral interviews. DOUGLAS C. HUTCHINSON represents that all such information and materials are accurate, complete, and authentic and that he/she is qualified and has the expertise to serve as the Executive Director of the CRA and that the performance of such duties are specialized in nature. The CRA and DOUGLAS C. HUTCHINSON wish to reduce their agreements to writing in order to describe their relationship with each other, to provide a basis for effective communication between them as they fulfill their respective governance and administrative functions in the operation of the CRA. Do The position of Executive Director is a contractual position controlled by the terms hereof. TERMS, CONDITIONS, AND COVENANT-~ Accordingly, based upon the forgoing premises and in consideration of the mutual covenants and promises contained in this Contract, the CRA and DOUGLAS C. HUTCHINSON agree as follows: 1.1 ARTICLE I Agreement for Services The CRA hereby contracts with DOUGLAS C. HUTCHINSON to serve as Executive Director of the CRA and DOUGLAS C. HUTCHINSON hereby agrees to provide services as hereinafter set forth. Page 1 of 12 Susan Shares C:\Susan_shared files~human resources\Dougs contract 2004-2005.1.doc 6651 1.2 DOUGLAS C. HUTCHINSON is an at will employee of the CRA. By acceptance of the Contract, DOUGLAS C. HUTCHINSON acknowledges that there has been no representation or promise, expres.qed or implied fixing the term of their appointment, except as provided for herein. The Human Resources Policy and Procedure Manual does not apply hereto except as specifically referenced herein and the following Articles shall specifically apply: 1-2,1-4,1-5,3-3,5-4,5-6,6-1,6-2,6-3,6-4,6-5,6-6,6-7,6-8,6-9,6-10 and 6-11. ARTICLE 2 Duties and Obli.qations 2.1 Principal Duties and Obligations. Subject to the CRA board direction and supervision for the overall operation of the CRA, DOUGLAS C. HUTCHINSON shall: 2.1.1 be the Executive Director of the CRA and is responsible for ail activities associated with the CRA. Some of those responsibilities are as set forth (Exhibit "A") in the CRA Executive Director Job Description. 2.2 Manner of Performance. Except as otherwise expressly provided by the Contract, DOUGLAS C. HUTCHINSON shall at all times: 2.2.1 devote all his time, attention, knowledge and shill solely and exclusively to the business and interested of the CRA during normal working hours and at CRA related events after normal business hours; 2.2.2 perform his duties and obligations faithfully, industriously and to the best of his ability; 2.2.3 disclose all employment to the CRA board and not engage in any conflicting outside employment except with prior written permission of the CRA Board; 2.2.4 keep the CRA board fully informed in advance of all travel and activities that take him out of the office for more than a day at a time. ARTICLE 3 Annual Performance Goals and Evaluation 3.1 The CRA shall review and evaluate the performance of DOUGLAS C. HUTCHINSON at least one annually at the time stated in Article 4. The review and evaluation shall be in accordance with performance criteria developed by the CRA, and such criteria must be provided to DOUGLAS C. HUTCHINSON in advance of the commencement of the period of evaluation. The criteria may be added to or deleted from as the CRA may from time to time determine, except that DOUGLAS C. HUTCHINSON shall not be evaluated for his work if no performance criteria has been established. Further, the CRA shall provide DOUGLAS C. HUTCHINSON with a summary written statement of Page 2 of 12 6652 Susan Shares L:\human resources\Dougs contract 2004-2005.1.doc 3.2 4.1 4.2 4.3 4.4 4.5 4.6 the evaluation and provide an adequate opportunity for DOUGLAS C. HUTCHINSON to discuss his evaluation with the CRA. Periodically, the CRA and DOUGLAS C. HOTCHINSON shall define such goals and performance objectives that they determine necessary for the proper operation of the CRA in attainment of the objectives and shall further establish a relative priority among those various goals and objectives, which shall be reduced to writing. ARTICLE 4 Compensation and Benefits Annual Review. Compensation reviews are not subject to any specific formula applicable to other CRA personnel. Wage and benefit adjustments shall be at the sole discretion of the CRA and are subject to the appropriation of funds by the CRA. An annual compensation review of DOUGLAS C. HUTCHINSON shall be completed in October of each year that his contract is in effect. Base Salary. The CRA shall pay DOUGLAS C. HUTCHINSON an annual compensation of Ninety Six Thousand Three Hundred Five Dollars ($96,305.00) for all services performed, payable in equal installments at the same time as the CRA employees are paid. Benefits. The CRA agrees DOUGLAS C. HUTCHINSON may participate and have the following benefits as set forth in the most current Human Resoumes Policy and Procedure Manual, section 6 that applies to the CRA employees; i.e., retirement, health insurance, disability insurance, holidays, sick leave, compassionate leave and vacation leave. Business Expenses. The CRA agrees to reimburse DOUGLAS C. HUTCHINSON for out of pocket expenses made on behalf of the CRA and approved by the CRA Board. Automobile Expenses. The CRA agrees to pay DOUGLAS C. HUTCHINSON Three thousand Seven Hundred Eight Dollars ($3,708.00) per year payable in equal installments at the same time as the CRA employees are paid. Additional Benefits. The CRA Board may, in its sole discretion, reimburse DOUGLAS C. HUTCHINSON for membership fees in various organizations and for subscriptions to various related publication which remain the property of the CRA. Page 3 of 12 Susan Shares L:\human resources\Dougs contract 2004-2005.1.doc 6653 ARTICLE 5 Duration of Coptract 5.1 This Agreement shall be for a term of one (1) year, but may be automatically renewed until replaced or superceded by subsequent Contracts (s) of Employment to provide continuity of employment for operation, insurance and benefits, unless terminated earlier in accordance with Article 7. The term of the Contract shall be retroactive and shall begin on October 15, 2004. ARTICLE 6 Indemnification and Reimbursement 6.1 The CRA Shall: 6.1.1 defend and indemnify DOUGLAS C. HUTCHINSON against all claims and action, civil or criminal, provided that claims or actions arise out of an in the course of the performance of his duties and responsibilities pursuant to this Contract; 6.1.2 pay any judgment that may be entered against DOUGLAS C. HUTCHINSON in a civil action arising out of and in the course of the performance of his duties and responsibilities pursuant to this Contract, 6.1.3 except a judgment based on intentional wrongdoing or willful neglect by DOUGLAS C. HUTINSON; 6.1.4 the CRA reserves the rights to select, appoint, retain or discharge legal counsel necessary to provide the foregoing defense. ARTICLE 7 Termination of Contract 7.1 Events of Termination. This Contract shall terminate immediately, if and when, DOUGLAS C. HUTCHINSON becomes a non-contract employee of the CRA. This Contract shall terminate: 7.1.1 at any time by the mutual agreement of DOUGLAS C. HUTCHINSON and the CRA; 7.1.2 by unilateral termination of DOUGLAS C. HUTCHINSON'S contract for the position; DOUGLAS C. HUTCHINSON serves at the pleasure of the CRA and may be terminated by the CRA board, without cause, upon forty-five (45) days written notice to DOUGLAS C. HUTCHINSON. However, the CRA Board of Directors may, if it is deemed in the best interest of the CRA, relieve DOUGLAS C. HUTCHINSON from his duties immediately; Page 4 of 12 6654 Susan Shares L:\human resources\Dougs contract 2004-2005.1.doc 7.1.3 by the resignation of DOUGLAS C. HUTCHINSON. DOUGLAS C. HUTCHINSON may terminate the Employment Contract ~vithout cause upon written notice to CRA. A resignation shall be submitted in writing and shall provide for an actual resignation date no later than fourteen (14) days following the date of notice of resignation, unless the CRA and DOUGLAS C. HUTCHINSON mutually agree to another number of days; 7.1.4 upon DOUGLAS C. HUTCHINSON'S sustained inability for all or substantially all of one hundred and six (106) calendar days to perform his duties and obligations pursuant to this Contract as a result of physical or mental illness or condition. This inability may be verified at the CRA's expense (to the extent not covered by applicable medical insurance maintained by the CRA) by a licensed physician mutually agreed upon by DOUGLAS C. HUTCHINSON and the CRA, provided that state or federal law or regulations would not preclude or prohibit DOULGAS C. HITCHINSON separation under the condition. In the event the parties are unable to mutually agree on a physician within ten (10) days of a request for selection, the examining physician will be selected solely by the CRA; 7.1.5 upon the death of DOUGLAS C. HUTCHINSON; 7.2 Rights and Obligations Upon Termination by Mutual Agreement. If this Contract terminates upon mutual agreement of the parties, DOUGLAS C. HUTCHINSON shall be entitled to: 7.2.1 based salary for services performed to the effective date of the termination plus a payment of ninety (90) days pay, payable upon contract termination agreement, calculated as follows: Employee's annual base salary shall be divided 'by three hundred sixty-five (365) days and that sum shall be multiplied by ninety (90) days, less customary withholding: 7.2.2 reimbursement of as-yet unreimbursed expenses pursuant to this Contract; 7.2.3 any amount for accrued and unused vacation leave, not to exceed the maximum number of days set forth in the most current Human Resources Policy and Procedure Manual; 7.2.4 any amount for accrued and unused sick leave, not to exceed the maximum number of days set forth in the most current Human resources Policy and Procedure Manual; 7.2.5 and life and / or disability benefits if applicable; 7.2.6 the total accrued retirement as provided for in the most current Human Resources Policy and Procedure Manual; 6655 Page 5 of 12 Susan Shares L:\human resouraes\Dougs contract 2004-2005,1.doc 7.2.7 automatic vesting of all CRA matching retirement to date of termination. 7.3 Rights and Obligations Upon Unilateral Termination by CRA. Unilateral termination shall be in writing, sign by the CRA and need not reflect performance related reasons. If this Contract is terminated by unilateral action of the CRA, DOUGLAS C. HUTCHINSON shall be entitled only to the following; unless it is determined the DOUGLAS C. HUTCHINSON is guilty of misconduct or gross neglect of duty or is charged with a crime and in that case he shall be compensated only for actual time worked: 7.3.1 if given forty-five (45) days notice or less, such as immediately set forth below; base salary for services provided to the effective date of the termination plus one hundred twenty (120) days pay, payable upon termination notice by the CRA, calculated as follows: Employee's annual base salary shall be divided by three hundred sixty-five (365) days and that sum shall be multipl.ied by one hundred twenty (120) days, less customary withholding: if dismissed immediately; base salary for services provided to the effective date of the termination plus one hundred fifty (150) days pay, payable upon termination notice by the CRA, calculated as follows: Employee's annual base salary shall be divided by three hundred sixty-five (365) days and that sum shall be multiplied by one hundred fifty (150) days, less customary withholding: 7.3.2 reimbursement of as-yet unreimbursed expenses pursuant to this Contract; 7.3.3 any amount for accrued and unused vacation leave, not to exceed the maximum number of days set forth in the most current Human Resources Policy and Procedure Manual; 7.3.4 any amount for accrued and unused sick leave, not to exceed the maximum number of days set forth in the most current Human resources Policy and Procedure Manual; 7.3.5 any life and / or disability benefits if applicable; 7.3.6 the total accrued retirement as provided for in the most current Human Resources Policy and Procedure Manual; 7.3.7 automatic vesting of all CRA matching retirement to date of termination. 7.4 Rights and Obligations Upon Termination Due to Resignation. If this contract is terminated due to DOUGLAS C. HUTCHINSON'S resignation, DOUGLAS C. HUTCHINSON shall be entitled only to the following compensation and benefits: 6656 Page 6 of 12 Susan Shares L:\human resources\Dougs contract 2004-2005.1.doc 7.4.1 The base salary through the last day that DOUGLAS C. HUTCHINSON performed services to or on behalf of the CRA. 7.4.2 7.4.3 7.4.4 7.4.5 7.4.6 7.5 reimbursement of as-yet unreimbursed expenses pursuant to this Contract; any amount for accrued and unused vacation leave, not to exceed the maximum number of days set forth in the most current Human Resources Policy and Procedure Manual; any amount for accrued and unused sick leave, not to exceed the maximum number of days set forth in the most current Human resources Policy and Procedure Manual; any life and / or disability benefits if applicable; the total accrued retirement as provided for in the most current Human Resources Policy and Procedure Manual; Rights. and Obligations Upon Termination Due to Disability or Death. If this Contract is terminated due to DOUGLAS C. HUTCHINSON'S physical disability or death, DOUGLAS C. HUTCHINSON or his guardian or personal representative shall be entitled only to the following compensation and benefits: 7.5.1 7.5.2 7.5.3 7.5.4 7.5.5 7.5.6 The base salary through the last day that DOUGLAS C. HUTCHINSON performed services to or on behalf of the CRA. reimbursement of as-yet unreimbursed expenses pursuant to this Contract; any amount for accrued and unused vacation leave, not to exceed the maximum number of days set forth in the most current Human Resources Policy and Procedure Manual; any amount for accrued and unused sick leave, not to exceed the maximum number of days set forth in the most current Human resources Policy and Procedure Manual; any life and / or disability benefits if applicable; the total accrued retirement as provided for in the most current Human Resources Policy and Procedure Manual; 6657 Page 7 of 12 Susan Shares L:\human resources\Dougs contract 2004-2005.1.doc 10.1 10.1.1 10.1.2 ARTICLE 8 Modification or Amendment of Contract 8.1 Modification and Amendment. No modification of or amendment of this Contract shall be valid unless reduced to writing and signed by both parties. ARTICLE 9 Waiver 9.1 The CRA waiver of any breach of any term, condition, or covenant of this Contract shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this Contract. ARTICLE 10 Applicability to Successors This Contract shall be binding on and inure to the benefit of: DOUGLAS C. HUTCHINSON heirs and personal representatives; and the CRA regardless of changes in the persons holding office as members of the CRA. ARTICLE 11 Non-Assignability and Subcontracting 11.1 This Contract is not assignable. 11.2 DOUGLAS C. HUTCHINSON shall not subcontract any portion of the work of this Contract without the prior written approval of the CRA Board. ARTICLE 12 Severabilit¥ of Provisions 12.1 If any provision of this Contract or the application of any provision to any party or cimumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining provisions of this Contract or their application to other parties or circumstances. Page 8 of 12 Susan Shares L:\human resources~Dougs contract 2004-2005.1.doc 6658 ARTICLE 13 GoverninR Law arid Venue 13.1 This Contract and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida, and any action brought in connection with this Contract shall be brought in Palm Beach County, Florida in State Court and in the Southern District Court of Flodda if in Federal Court. ARTICLE 14 InteRration of All A.qreements and UnderstandinRs 14.1 This Contract contains the entire agreement between the CRA and DOUGLAS C. HUTCHINSON All prior agreements and understandings, whether written or oral, pertaining to the this contract with DOUGLAS C. HUTCHINSON are fully abrogated and of no further force and effect from and after the date of this Contract. 14.2 Regardless of which party or party's counsel prepared the original draft and subsequent revisions of this Contract, DOUGLAS C. HUTCHINSON and the CRA and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Contract shall not be deemed to be the product of and, therefore, construed against either of them. 14.3 The omission from the Contract of a term or provision contained in an earlier draft of the Contract shall have no evidentiary significance regarding the contractual intent of the parties. ARTICLE 15 Execution of Contract 15.1 This Contract may be executed in duplicate or in counter parts, each of which shall be deemed an original and all of which together shall be deemed one and the same instrument. No term, condition, or covenant of this Contract shall be binding on either party until both parties have signed it. Notice 15.2 Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, by hand delivery or by facsimile transmission with receipt of delivery, addressed to the party for whom it is intended and the remaining parties, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the CRA and the DOUGLAS C. HUTCHINSON designate the following as the respective places for giving of notice: 6659 Page 9 of 12 Susan Shares L:\human resoum~\Dougs contm~ 2004-2005.1.d~ CRA: Boynton Beach Community Redevelopment Agency Attention: CRA Chairman 639 E. Ocean Avenue, Suite #103 Boynton Beach, Florida 33435 Telephone: (561) 737-3256 Facsimile: (561) 737-3258 COPY TO: Lindsey A Payne, Esquire Goren, Cherof, Doody & Ezrol P. A 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone (954) 771-4500 Facsimile (954) 771-4923 EMPLOYEE: Douglas Hutchinson 9480 South Military Trail, Unit 4D Boynton Beach, Florida 33436 (561) 734-7762 EXECUTED on the respective dates set forth below DOUGLAS C. HUTCHINSON: BY: Douglas C. Hutchinson BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY: BY: Chair 666O Page 10 of 12 Susan Shares C:\Susan_shared files\human resources\Dougs contract 2004-2005.1.doc EXHIBIT A COMMUNITY REDEVELOPMENT AGENCY CITY OF BOYNTON BEACH, FLORIDA Classification Description CLASSIFICATION TITLE: Community Redevelopment Executive Director Exempt Contract Position WORK OBJECTIVE This is highly visible and responsible administrative and operational position managing and directing the Community Redevelopment Agency programs which are established under Chapter 163 of the Florida State Statutes. An employee in this classification is responsible for planning, initiating and directing programs and projects for the physical and economic improvement and redevelopment of the designated community. Responsibilities include organizing, assigning, directing and reviewing the activities of professional, technical and administrative support personnel engaged in the compilation, analysis and interpretation of data. Such work shall lead to the preparation of reports and recommendations effecting community planning and redevelopment. Work is performed under the general direction of the City of Boynton Beach Community Redevelopment Agency Board (CRA Board). The employee serves as the primary staff liaison to the office of the City Manager for the City of Boynton Beach. The position has considerable latitude for independent judgment, initiative and is reviewed by observation of results achieved, periodic conferences and reports. ESSENTIAL FUNCTIONS Provided herein is a general description of duties that may be assigned. The CRA Board reserves the right to establish, assign, reassign and redistribute work to meet business needs. The statements herein do not preclude The CRA Board from assigning other duties similar in nature, complexity and responsibility to any position within this classification. · Plans, organizes, assigns, directs and reviews the activities of professional, technical and clerical personnel engaged in the compilation, analysis and interpretation of data and preparation of reports and recommendations affecting community planning and redevelopment. · Oversees the preparation of the CRA Redevelopment Plans and authorizes implementation. · Selects, assigns, trains and evaluates staff. · Administers consultant agreements for services provided to the CRA. 6661 Page 11 of 12 Susan Shares L:\human resources\Dougs contract 2004-2005.1.doc · Serves as an in-house consultant and represents the CRA in dealing with other agencies with respect to related matters. Prepares reports and studies at the direction of the CRA Board. · Negotiates the acquisition and disposition of re~l estate for the CRA as well as manages the commercial and residential real estate assets held as and when directed by the CRA Board. · Directs processes and procedures into workable projects through the preparation of objectives, descriptions, budgets, work programs, reports and contract materials. · Directs the identification, review, analysis and cataloging of potential funding sources and serves as administrator coordinating application and administration of the process. · Oversees the preparation of the annual operating budget and capital plan for presentation and approval by CRA Board. · Approves budgetary requests and reviews all financial reports prepared by the controller. · Represents the CRA on matters within the scope of Community Redevelopment Agency activities. · Conducts public relations activities to promote CRA programs and projects. KNOWLEDGE, SKILLS, AND ABILITITLES · Extensive knowledge of the principles, methods and practices of urban planning and redevelopment. · Extensive knowledge of federal, state and municipal legislation impacting municipal government enforcement regulations. · Extensive knowledge of management and supervisory principles and techniques, research and design methodologies and report preparation. · Knowledge of laws and ordinances affecting redevelopment processes. · Knowledge of economics, public finance, capital programming and other fields applied in Redevelopment Service related functions. · Ability to present technical information clearly, concisely and in an compelling manner both orally and in writing to lay groups, the general public, City management and the CRA Beard. · Ability to establish and maintain effective working relationships with employees, City and government officials, community leaders and the general public. · Ability to identify strengths and weaknesses in subordinates and provide coaching in the development of their skills while establishing a positive atmosphere, which provides challenge and encouragement. · Ability to translate CRA Board direction into effective administration and implementation of CRA redevelopment requirements. · Skill in empowering others with the authority necessary to accomplish their objectives. · Strong customer service skills, including both internal and external customers. 6692 Page 12 of 12 Susan Shares L:\human resources\Dougs contract 2004-2005.1.doc Memo: 1'0: From: Re: Date: CRA Board Nicole Mon6t, Secretary Assembly & Redevelopment Incentive Grant Program November 2, 2004 This Grant Program was passed by the Board in October. This Assembly area covers 3.434 acres on Boynton Beach Boulevard. These are the first applicants and we are very excited about these pioneers of the self-assembly process. Each Applicant has provided their matching checks and is ready to go forward. Staff has reviewed all Grant Applications and recommends approval of this first area Assembly Grants, 6663 2004/2005 ASSEMBLY & REDEVELOPMENT INCENTIVE GRANT PROilSRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency THIS IS AN AGREEMENT, entered into this. '~.~.-\~ day of ~0~e:~'.'~ ,?~etween the Boynt,on Beach ~qmmunitj/Redevelopment Agency, hereinafter referred to as CRA and ~'~ ~{~ I~- V_~'~ L.. , a Property Owner (s), hereinafter referred to as the applicant. PROGRAM AGREEMENT Term: The property owner(s) must complete the survey, initial site planning, appraisal, and legal and/or feasibility study within six (6) months of the grant award. Failure to complete the survey, initial site planning, appraisal, legal and/or feasibility study in a timely manner will result in the property owner(s) losing the grant reimbursement opportunity. Further, the applicant shall enter into an agreement for sales~ exchange, etc with a third party developer within twelve (12) months of the date of completion of the grant work. The Board may consider time extensions. Time Extension: The Grant may be extended one time for up to six (6) months by the CRA Board. The request for the extension must be received no later than thirty (30) days prior to the deadline for action. The extension request shall include extenuating circumstances leading to the need for an extension. The extension is at the sole discretion of the CRA Board. If grants are not extended and applicants to not complete the Grant are Scope of Work and/or fail to enter into a third party redevelopment agreement, the applicant(s) are in default. The redevelopment agreement shall require the developer to submit a site development plan to the City/CRA within twelve (12) months of the agreement execution. Maximum Grant Funding Amounts: The CRA will provide a matching grant up to the amount of Fifteen Thousand Dollars ($15,000) to encourage improvements on residential properties for approved expenditures. Default Clause: If no redevelopment sale, contract or agreement occurs within the program term of twelve (12) months after completion of grant activities, the grant funds or prorated share thereof; will be recovered from the defaulting sub-applicant (s) by the CRA. CRA acknowledgement of Funding: The Applicant will acknowledge the CRA's participation in the Assembly & Redevelopment Project. That acknowledgement shall 6664 Boy,ton Beech Comrnun~ Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Page 1 of 5 Revised 08/04/04 be defined in the application and approved by the CRA Board prior to funding. 6. No Guarantee for Funding: Applicants must complete and submit an application to be considered for funding. APPLICATION SUBMITTAL TO THIS PROGRAM IN NO WAY GUARANTEES CPA FUNDING. 7. Certification: The Applicant hereby certifies that they are the legal owner of the property. 8. The Grant Application is herby included as program documentation and is attached as Exhibit "A". Indemnification: The Applicant agrees to protect, defend, reimburse, indemnify and hold the CRA, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from CRA which may arise out of this Agreement. The applicant's recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CRA in support of this obligation in accordance with the laws of the State of Florida. Applicant's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the CRA, its respective agents, servants employees or officers, nor shall the liability limits set forth in Section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. 6665 Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Page 2 of 5 Revised 08~4/04 The program information form is attached as Exhibit "A" and is herby made a part of this agreement. By signing this agreement and formal requesting consideration of grant funding, the property owner certifies that all information and statements made are/.t_t~ and c~orrect. ~-/Wi}ness ~' - ' (rDatJ~) CRA Director (Date) STATE Of FLORIDA, COUNTY Of PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared ~'~ /~J(~ ~ ~ , who is personally known to me or produced ~'~( ,V~¢~ [~L~.2//b~ 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 F,O2EGOING, I have set my hand and official seal in the State and County aforesaid on this Z day of j~)0Y'~.~/~" ~' , 6666 Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Page 3 of 5 Revised 08/04~04 EXHIBIT "A" PROJECT INFORMATION Name of Representative of Applicant(s): ~ ~r~ ~ I/_~/~'~ Address: Phone Ct- Day: ('~(¢~~) ~---'] I' ¢2D~::~ I Evening: Survey [] Legal [] E-Mail · Site Planning, Engineering and/or Architectural [] Feasibility Study [] Other I~! Appraisal l~ Description of the Assembly & Redevelopment Proiect 6667 Boynton Beach Community Redevelopment Agency Assembiy& Redevelopment Incentive Grant Program Agreement Page4 of 5 Revised 08/04/04 ASSEMBLY & REDEVELOPMENT INCENTIVE GRANT INFORMATION Attach the following items as Exhibit "A" · Project Information Page, Group Contract Representative, (Assembly & Redevelopment Project write-up describing in detail the scope of the Project, and the Professional performing each scope of work); · List of all properties, their ownership, PCN Number, size and current use. · Resumes of all Professionals performing work on the project; · Project schedule and time line; · Maps or sketches of the project site Showing each property; · Budget for the work covered under this application with sources and uses; · Provide photos of proposed project site (electronic preferred). NOTE: An expense amount changed from an approved Application without prior CRA Board approval may be subject to non-payment by the CRA. Applicable documents must be attached for the Application to be processed. 6668 Boynton Beach Community Redevelopment Agency · ~embly & Redevelopment Incentive Grant Program Agreement Page5 of 5 Revised 08/04/04 September 14, 2004 Mro Mark Kassal 935 Banyan Drive Delray Beach Beach, Florida 33435 INC. Boynton Beach CRA Folio Number: 08434521050000140 Property Owner: Mark Kassal Boynton Beach,.Flodda Per the mutual request of the Boynton Beach CRA and yoursel~ we have reviewed the above refereaced property for ~ purpos~ of es~mt~ an appra~ ~ aaa to detes,,,ine a delivery ofthe appraisal report. Based on our review, we have estimated an appraisal fee of $1,400 for thh property and per our ~m with Mr. Doug Hutehln.~on; the fee will he split between thc property owner and the Boynton Beach CRA. As you are aware, we are completing a sexies of appraisals on thi.~ project and the report wffl be complied within the time frame of three to six weeks aRer the execution of this contract. As part ofthe appraisal ass4~nment, we w~l address the market value ofthe property at its highest and best use and also consider the market value of the si~ as assembled by the eventual developer of the assembled tract of land. Please execute this letter as notice to proceed with thJ~ assignment. Also please provide us with your contact information so we can schedule the inspection ofyour property: State Certified ~enend 1LE. Appnfiser # 001270 Conditions Accepted-(Both Parties Need to Execute) By: Property Owner Boynton Beach CRA Doug Hutchln~on Phone # ~/ 7X'7 ~. 7 ~' Phon~ # 561-737-3256 6669 3665 N.W. 124TH AVENUE · CORAL SPRINGS, FLORIDA 33065 PHONE: 954-575-2399 · FAX: 954-252-4504 · EMAIL: RMAGINC@AOL.COM 6670 ~ov 03 O~ 0~:29~ Robert Miller p.2 QUALIFIC~kTION$ ROBERT D. MILLER, ASA EDUCATION: PROFESSIONAL A~'gILIATION: LICENSED: EXPERIENCE: QUALIlqED AS EXPERT VoTNESS FOR: HAS COMPLETED: Appraisal InslR~te Courses SSP Standards of Professlonal Prance I-A Fundam~tals of Real Estate Appraisal [-B Capitalization Theory and Techniques 8 Appraising a Single-Family Rezidonce 2-1 Case Studi~ in Real Estate Vuluafico 2-2 ~ Writing Business Valuation Seminar Litigali~ Valuatian Ot~er Appraisal Coarses Mass Appraisal of Residential Properties Florida State Law and USPAP Factory Built Housing Automated Valuation Models Senior Member of Am~ricen Society of Appraisers- South Florida Chapter No. 82 - Accredited Senior Appraiser (ASA) Real Property Urban Rgal Estate Broker- State of Florida Certified General Real Estate Appraiser/$0001270- State of Florida 1995-Pr~ant 1993-1995 197B-1993 1987 RoM Estate Appraiser- Owner Appraisal Firm Vice President-The Urban Group, Inc. Real Property Analysts, Inc., Fort Lauderdale, Florida, Executive Vice President Involved in United St~tes Senate Study Right-of-Way Condemnation proceeding in L~ke, Kank~ee, Cook and DuPage Counties, Illinois and Broward, Dade, Monroe, Palm Beach and Dural Counties, Florida. Testified in Bankruptcy Court in Florida and Texas Appmi.~l Assignments Commercial, vacant and improved Condemnation project~ Indus,'iai, vacant and improved Multi-family residential, Mobile Home Parkz Office, vacant and improved purpose properties Review Services Counseling Acquisition projoc~ Income tax analysis Investment analysis Tax assessments ROW Cce~ Analysis Special assessments Special 6672 MILLER APPRAISAL GROUP INC. Mov 03 04 04:28p Robert Miller 854-252-4504 D~]~A,,R'I'IJ~ OF BU~ZI~,SS ,M~/D. ~ROF~s'ro~i~T., I~u,b,~ZOl~' FLO~ R~ ~8T3,TE ~P~Z~AL BD Z940 N. ~0~TEOE ST. TALT.,AI~BBEE FT. 32399-07~3 p.3 850-487-1395 ~ZL~R, ROBERT 3665 I~V 124T~LV~ C0~%.T~ 8~RZNG8 FL 33065-2445 ._'~__..~ ......... ,._...2 ................................................... DETACH HERE Nazae8.' be3~o~ ZB, · xl~t'ration date. NOV' 30, 3665 I~' 124T~ AVE ".5::'~ COI~,L 8PRZNG~ F~ 33065 6673 Mov 03 04 34:23p Robert Miller Decla~a~ions AGENCY BRANCH PREFIX POLICY NUMBER 078990 969 RNP 2-7605905-9-04 ~em/Es~a~e Professionals F~o~S s~ C~lss~s Pol~ t. HAME~ IN~u~ED A~ IO~ILING ~i:nsurance is provided b~ Continental Casualty Company CNA Plaza, Chicago, IL 60685, A Stock Insurance Company. Miller Appraisal Group, Inc. 3665 NW 124th Avenue Coral Springs , FL 33065 NOTICE TO POLICYHOLDERS: The Errors and Omissions Liability coverage afforded by this policy is on a Cla/ms Made basle. Please review the policy carefully and discuss this Coverage with your insurance agent or broker. 2. POLXC~ I~IOD: Inception: 03/20/04 'Expiration: 03/20/05 at 12:01 A.M. Standard Time at your a~ress shown above. 3. ~A~DO~X~ION~ L~ILIT~: A. Li~ts of Li~ility: Ea~ Claim: $500,000. Aggregate: B. Loc~ox Limit of Li~ilit~: (S~LIMIT INCL~ED WITHIN T~ LIMITS OF LI~ILITY) C. Discri~na~on Li~ts of Li~ility D. Deductible: Each Cl~m: ~. First Coverage Date: 03/20/04 $500,000. $50,000. $0. $5,000. 4. PRF2~IUM: $566.00 G-128413-B (~n. 8/01) I126135-B021013 CounterS'lfgned b~y Authorized Representative - 1 - 6674 Hov 03 04 04:30p Robert Hiller VARIOUS CLIENTS OVER TI:IF. pAST TEN YEARS PRIVATE A'rFORNEY MORTGAGE ALTMAN DEVELOPMENT CORPORATION BELLSOUTH MOBILITY' CLEAR CHANNEL OUTDOOR LENNAR HOMES PRIMECO THE TAUBMAN COMPANY SBA TOWERS INC. UNITED HOMES JAMES BRADY & ASSOCIATES BECKER & POLIAKOPF BRIGHAM-IvIOORE COKER AND FEINER EARLE ~' PATCHEN HOLLAND & KNIGHT RUDEN MCCLOSK~Y TEW CARDENA$ VANCE DONEY & MACGIBBON AMERICAN HO/~ LOANS CHARTER MORTGAGE FIRST RESIDENTIAL HOME ACCESS MORTGAGE INEEDA MORTGAGE CORP KEY FINANCIAL LIBERTY HNANCIAL OCEAN~E LENDING CORPORATION PEAK MORTGAOE WELLS FAR(JO 6675 MILLER APPRAISAl GROUP INC. rtov 0:3 04 Robert Miller 95~-25~-450~ BROWARD COUNTY BROWARD COUNTY SCHOOL BOARD CHARI~rj ~ COUNTY CITY OF CORAL SPRINOS CITY OF FORT LAUDERDALE CITY OF FORT MYERS CITY OF HAt .r ANDALE BEACH CITY OF HOLLYWOOD CITY OF LAUDERDALE LAKES CITY OF KEY WEST CITY OF MIAMI SPRINGS CITY OF POMPANO BEACH CITY OF S~SE FLORIDA DEPAR~ OF TRANSPORTATION PALM BEACH COUNTY PALM BEACH COUNTY SCHOOL BOARD SOUTH FLORIDA WATER MANAOEM~NT TOWN OF DAVIE US DEPARTMENT OF HOUSINO ~: URBAN' DEVELOPMENT 6676 MILLER APPRAISAL GROUP INC. 2004/2005 ASSEMBLY & REDEVEL~OPMENT INCENTIVE GRAi'~T PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment AGency THIS IS AN AGREEMENT, entered into this --~ ~ ' ~ day of ~/;3/~ between the Boynton Beach Community Redevelopment Agency, hereinafter referred to as CRA and - - - , a Prope~y O~er (s), herei~ffer refe~ed to as the applicant. PROGRAM AGREEMENT Term: The property owner(s) must complete the survey, initial site planning, appraisal, and legal and/or feasibility study within six (6) months of the grant award. Failure to complete the survey, initial site planning, appraisal, legal and/or feasibility study in a timely manner will result in the property owner(s) losing the grant reimbursement opportunity. Further, the applicant shall enter into an agreement for sales, exchange, etc with a third party developer within twelve (12) months of the date of completion of the grant work. The Board may consider time extensions. Time Extension: The Grant may be extended one time for up to six (6) months by the CRA Board. The request for the extension must be received no later than thirty (30) days prior to the deadline for action. The extension request shall include extenuating circumstances leading to the need for an extension. The extension is at the sole discretion of the CRA Board. If grants are not extended and applicants to not complete the Grant are Scope of Work and/or fail to enter into a third party redevelopment agreement, the applicant(s) are in default. The redevelopment agreement shall require the developer to submit a site development plan to the City/CRA within twelve (12) months of the agreement execution. Maximum Grant Funding Amounts: The CRA will provide a matching grant up to the amount of Fifteen Thousand Dollars ($15,000) to encourage improvements on residential properties for approved expenditures. 4. Default Clause: If no redevelopment sale, contract or agreement occurs within the program term of twelve (12) months after completion of grant activities, the grant funds or prorated share thereof; will be recovered from the defaulting sub-applicant (s) by the CRA. CRA acknowledgement of Funding: The Applicant will acknowledge the CRA's participation in the Assembly & Redevelopment Project. That acknowledgement shall Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incentive Grant Program ,t~greement 6677 Page 1 of 5 Revised 08/04/04 be defined in the application and approved by the CRA Board prior to funding No Guarantee for Funding: AppliCants musi complete and submit an appliCation to be considered for funding. APPLICATION SUBMITTAL TO THIS PROGRAM IN NO WAY GUARANTEES CRA FUNDING. 7. Certification: The AppliCant hereby certifies that they are the legal owner of the property. 8. The Grant AppliCation is herby included as program documentation and is attached as Exhibit "^". 9. Indemnification: The Applicant agrees to protect, defend, reimburse, indemnify and hold the CRA, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attomey's fees, and causes of action of every kind and character against and from CRA which may arise out of this Agreement. The applicant's recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CRA in support of this obligation in accordance with the laws of the State of Florida. Applicant's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the CRA, its respective agents, servants employees or officers, nor shall the liability limits set forth in Section 768.28, Florida Statutes., be waived. This paragraph shall survive the termination of the Agreement. 6678 Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Page 2 of 5 Revised 08/04/04 The program information form is attached as Exhibit "A" and is herby made a part of this agreement. By signing this agreement and formal requesting consideration of grant funding, the property owner certifies that all information and statements made are true and correct. Witness (Date) Applicani (Date) CRA Director (Date) STATE OF FLORIDA, COUNTY Of PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths~and-~ake ac~nowledgements, personally appeared ~[~C~_t! ~,~:~ ~, , who i me or produced as identification, and acknowledged~h~/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 --2&~ dayof ,()C'5,".(,~.(~'i~ ,200..~L. NOTARY PUBLIC~.L%C~ L]lr( tJ~zc-My Commission Expires: (i,.~c~_~c l/ ~od~7 6679 Boynton Beach Community Redevelopment Agency ASSembly & Redevelopment Incentive Grant Program Agreement Page 3 of 5 Revieed 08/04/04 EXHIBIT "A" PROJECT INFORMATION Name of Representative of Applicant(s): [b~ (C(5~;t¢- I '~Od, Address: City/State: ' ,'~',,-~%'h ~- 1~;~O~C (~ Phone # Day: z~ir, t - ~'~ - Cig%cS Zip Code: Evening: E-Mail Survey [] Legal [] Site Planning, Engineering and/or Architectural [] Feasibility Study [] Other [~ Appraisal Description of the Assembly & Redevelopment Project 668O Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Page 4 of 5 Revised 08/04/04 ASSEMBLY & REDEVELOPMENT INCENTIVE GRANT INFORMATION Attach the following items as Exhibit "A" · Project Information Page, Group Contract Representative, (Assembly & Redevelopment Project write-up describing in detail the scope of the Project, and the Professional performing each scope of work); · List of all properties, their ownership, PCN Number, size and current use. · Resumes of all Professionals performing work on the project; · Project schedule and time line; · Maps or sketches of the project site Showing each property; · Budget for the work covered under this application with sources and uses; · Provide photos of proposed project site (electronic preferred). NOTE: An expense amount changed from an approved Application without prior CRA Board approval may be subject to non-payment by the CRA. Applicable documents must be attached for the Application to be processed. 6681 Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Page 5 of 5 Revised 08/04/04 September 14, 2004 Ms. Betty J. Hadley 401 E. Boyaton Beach Boulevard Boynton Beach, Florida 33435 INC. Boymon Beach CRA Folio Number: 08434521050000060, 0040 and 00051 Property Owner: Betty J. Hadley Boymon Beach, Florida Dear Ms. Hadley: Per the mutual request of the Boynton Beach CRA and yourself, we have reviewed the above referenced property for the purpose of estimating an appraisal fee and to determine a delivery of the appso, isal report. Based on our 'review, we have estimated an appraisal fee of $2,000 for thin property and per our discussions with Mr. Doug Hutchin.~on; the fee will be split between thc property owner and the Boyuton Beach CRA. As you arc aware, we arc completing a series of appraisals on this project snd the ~-purt w~l be completed within the time frame of~ to six weeks after the execution of this contract. As part of the appraisal assignmant, we will address the market value of thc property at its highest and best use and also consider thc m~rket value ofthe site as assembled by thc eventual developer ofthc assembled tract of land. Please execute thi.~ letter as notice to proceed with this assignmenL Also please provide us with your contact information so we can schedule the inspection of your property: Thanks for considering us for thi.~ assignment. your / ..~o~ D. Miller, ASA State Certified General ILE. Appraiser # 001270 Conditions Acccpted-(Both Parties Need ~o Execute) By: Property Owner Boynton Beach CRA Doug Hutchin.o. on Phone # 561-737-3256 6682 3665 N.W. 124TH AVENUE · CORAL SPRINGS, FLORIDA 33065 PHONE: 954-575-2399 · FAX: 954-252-4504 · EMAIL: RMAGINC@gOL.COM 6683 Mov 03 O~ Robert Miller 954-252-4504 p.2 QUALIFICkTIONS ROBERT D. MILLER, ASA EDUCATION: PROFESSIONAL AFFILIATION: LICENSED: EXPERIENCE: QUALIlqlED AS EXPERT WITNESS FOR~ HAS COMPLETED: Apprat~ml Institute Courses SSP Standards of Professional Practice I-A Fundamentals of Real Estate Appraisal [-B Capitalization Theery and Tenimiquss 8 Appraising a Single-Family Residence 2-1 Ces~ Studies in Real Estate Valuation 2-2 P,~xwt Writing Business Valuation Seminar Litigation Valuation O~er Apl~raisal Coarses Moss Appsa~al of R~idenfia] Properties Florida State Law and USPAP Factory Built Housing Automated Valuation Models Senior Member of American Society of Appralsers- Soufl~ Florida Chapter No. 82 - A~xedited Smior Appraiser (ASA) Real Prol~rty Urban Real E~atu Broker- Smt~ of Flerida Cel~rified Omeral Real Estate Appraiser #0001270- State of Florida 1995-Prssent 1993-1995 1978-t993 1987 Real Estate Appraiser- Owner Appraisal Firm Vice President-The Urban Group, Inc. Real Prupezty Analysts, Inc., Fort Lauderdale, Florida, Executive Vice President Involved in United States Senate Study R/ght-of-Way Acquisition Proc~ures Condemnation proceeding in Lake, Kankskee, Cook and DuPnge Counties, Illinois and Broward, Dade, Monroe, Palm Besch and Duval Counties, Florida. Testified in Bankruptcy Court in F~oridi~ and Texas Appraisal As~lgnment~ Commercial, vacant and improved Condemnation projects Indus'a'ial, vacant and improved Malti-~mily residential, Mobile Home Parks Office~ vm~mt and improved purpose properties Rovinw Services 6684 Counseling Acquisition projec~ Income tax analysis Investment analysis Tax assistants ROW Ca~t Analys/s Special assessments Special MILLER APPRAISAL GROUP INC. Hov 03 04 04:29p Robert Miller 854-252-~504 p.3 FLOHZDAREABF, BTATEAP~.~I:SaLBD · 940 N. I~0~RP. OE ST, TAL~BEE Z~ 32399-07~? 850-487-1395 MILLER, ROBERT D ~R 3665 ]RR' 124TNAFE CORAL BPRIN~B FL 33065-2445 ~072972] DETACH HERE · The CERTZFZED --- Named below ZS.. Under the prov~sions Expiration date: NOV* 30, MILLER, I~.OBF, P.T D' J'R '.!!./ ..: .:'*..~ 3665 I~W 124TH AVE 6685 :. Mov 03 04 0~:29p Robert Miller Declarations AGENCY BRANCH P~FIX POLICY N~MBER Eeal Estate Profeesionals 078998 969 RNP 2-7605905-9-04 ~Insurance is provided by Continental Casualty Company CNA Plaza, Chicago, IL 60685, A Stock Insurance Company. Miller Appraisal Group, Inc. 3665 NW 124th Avenue Coral Springs , FL 33065 NOTICE TO POLICYHOLDERS: The Errors and Om/ssions Liability coverage afforded by this policy is on a Claims Made basis. Please review the policy carefully and discuss this Coverage with your insurance agent or broker. 2. POLX~E P~I(~: Inception: 03/20/04 Expiration: 03/20/05 at 12:01 A.M. Standard Time at your ack, tess shown above. 3. E~f~$A~)OM/~IONS L~ABILXT~: A. Limits of Liability: Each Claim: $500,000. Aggregate: B. Lockbox Limit of Liability: (SUBLIMIT INCLUDED WITHIN THE LIMITS OF LI~tBILITY) C. Discrimination L{~ te of Liability D. Deductible: Each Claim: E. First Coverage Date: 03/20/04 $500,000. $50,000. $0. $5,000. PREMIUM: $566.00 G-128413-~ (ED. 8/01) I126138-B021013 Counter~'igned by Authorized Representative - 1 - 6686 Mov 03 04 04:30p Rober~ Miller 954-252-4504 VARIOUS CLIENTS OVER ~ PAST TEN YEARS PRIVATE ATTORNEY MORTGAGE ALTMAN DEVELOPMI~IT CORPORATION BELLSOUTH MOBILITY CLEAR CHANNEL OUTDOOR LENNAR HOMES PRIMECO THE TAUBMAN COMPANY SBA TOWER~ ][NC. UNITED HOMES IAMF.,S BRADY & ASSOCIA'IES BECKER & POLIAKOPF BRIGHAM.MOORE COKER AND FEINER EARLE & PATCHEN HOLLAND & KNIGHT RUDEN MCCLOSKEY 't'l: w' CARDENA~ VANCE DONEY & MACOIBBON WEISS-SEROTA-HELFMA~ AMF_2RICAN ItOME LOANS CHARTER MORT(]AOE FIRST RESIDENTIAL HOME ACCESS MORTGAGE INEEDA: MORTOAOE CORP KEY FINANCIAL OCEA.,N~)E LENDINO CORPORATION PEAK MORTGAGE WELLS FAROO 6687 MILLER APPRAISAL GROUP INC. Mov 03 O~ 04:30p Robert Miller p.6 BROWARD COUNTY BROWARD COUNTY SCHOOL BOARD CHARLO'rrI~ COUNTY CITY OF CORAL SPRINGS CITY OF FORT LAUDER.DALE CITY OF FORT MYERS CITY OF HAl .I .AND, ALE BEACH CITY OF HOLLYWOOD CITY OF LAUDF, RDALE LAIRS CITY OF KEy WEST CITY OF MIAMI SPRINGS CITY OF POMPANO BEACH CITY OF SUNRISE FLOR[DA DEPARTMENT OF TRANSPORTATION PALM BEACH COUNTY PALM BEACH COUNTY SCHOOL BOARD SOUTH FLORIDA WATER MANAGEIv~NT TOWN OF DAVIE US Dt~PARTMHNT OF HOUSING & URBAN DEVELOPMENT 6688 MILLER APPRAISAl. GROUP INC. 2004/2005 ASSEMBLY & REDEVEL~OPMENT INCENTIVE GRAi~*T PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency THIS IS AN AGREEMENT, entered into this [ day of [l&~ P_~F, between the B~ynton Beach Comm~unity Redevelopment Agency, hereinafter referred to as CRA and ~G.L.AJ~'~-F~ '-~)CAL-~O , a Property Owner (s), hereinafter referred to as the applicant. PROGRAM AGREEMENT Term: The property owner(s) must complete the survey, initial site planning, appraisal, and legal and/or feasibility study within six (6) months of the grant award. Failure to complete the survey, initial site planning, appraisal, legal and/or feasibility study in a timely manner will result in the property owner(s) losing the grant reimbursement opportunity. Further, the applicant shall enter into an agreement for sales; exchange, etc with a third party developer within twelve (12) months of the date of completion of the grant work. The Board may consider time extensions. Time Extension: The Grant may be extended one time for up to six (6) months by the CRA Board. The request for the extension must be received no later than thirty (30) days prior to the deadline for action. The extension request shall include extenuating circumstances leading to the need for an extension. The extension is at the sole discretion of the CRA Board. If grants are not extended and applicants to not complete the Grant are Scope of Work and/or fail to enter into a third party redevelopment agreement, the applicant(s) are in default. The redevelopment agreement shall require the developer to submit a site development plan to the City/CRA within twelve (12) months of the agreement execution. 3. Maximum Grant Funding Amounts: The CRA will provide a matching grant up to the amount of Fifteen Thousand Dollars ($15,000) to encourage improvements on residential properties for approved expenditures. Default Clause: If no redevelopment sale, contract or agreement occurs within the program term of twelve (12) months after completion of grant activities, the grant funds or prorated share thereof; will be recovered from the defaulting sub-applicant (s) by the CRA. 5. CRA acknowledgement of Funding: The Applicant will acknowledge the CRA's participation in the Assembly & Redevelopment Project. That acknowledgement shall Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Page 1 of 5 Revised 08/04/04 6689 be defined in the application and approved by the CRA Board prior to funding, No Guarantee for Funding: Applicants must COmplete and submit an application to be COnsidered for funding. APPLICATION SUBMITTAL TO THIS PROGRAM IN NO WAY GUARANTEES CRA FUNDING. Certification: The Applicant hereby certifies that they are the legal owner of the property. The Grant Application is herby included as program documentation and is attached as Exhibit "A". Indemnification: The Applicant agrees to protect, defend, reimburse, indemnify and hold the CRA, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from CRA which may arise out of this Agreement. The applicant's recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CRA in support of this obligation in accordance with the laws of the State of Florida. Applicant's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the CRA, its respective agents, servants employees or officers, nor shall the liability limits set forth in Section 768.28, Florida Statutes., be waived. This paragraph shall survive the termination of the Agreement. 6690 Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incent/ve Grant Program Agreement Page 2 of 5 Revised 08/04/04 The program information form is attached as Exhibit "A" and is herby made a part of this agreement. By signing this agreement and formal requesting consideration of grant funding, the property owner certifies that all information and statements made are true and correct. Witness (Date) Applicant ~/ / (Date) CRA Director (Date) STATE Of FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, appeared _,~L~_/ < ~,-~_ z~c) , who is p~/o'nally"- known'f~'h~, or produced personally as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this /~/- day of ~_~~, 20~. NOTARY PUBLIC~=~_~ ~missio. Expires: ~rt,..~j~L~L I, '7__00~ 6691 Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incen~ve Grant Program Agreement Page 3 of 5 Revised 08/04/04 EXHIBIT "A" PROJECT INFORMATION Name of Representative of Applicant(s): ~'~ Address: Iq ~r' ?~..,~[.~-1,.3,¢'~ Address: City/State:"~ok-IBJFFbt'--~ ~-..~, ~ ZipCode: Phone # Day: ((~(-¢ { ~) q ~ ~ '" ~ ~L¢"~ E:~ Evening: Fax: E-Mail: Survey [] Site Planning, Engineering and/or Architectural [] Appraisal )~1 Legal [] Feasibility Study El Other [~ Description of the Assembly & Redevelopment Proiect 6692 Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Page 4 of 5 Revised 08/04/0z~ ASSEMBLY & REDEVELOPMENT INCENTIVE GRANT INFORMATION Attach the following items as Exhibit "A" · Project Information Page, Group Contract Representative, (Assembly & Redevelopment Project write-up describing in detail the scope of the Project, and the Professional performing each scope of work); · List of all properties, their ownership, PCN Number, size and current use. · Resumes of all Professionals performing work on the project; Project schedule and time line; · Maps or sketches of the project site'showing each property; · Budget for the work covered under this application with sources and uses; · Provide photos of proposed project site (electronic preferred). NOTE: An expense amount changed from an approved Application without prior CRA Board approval may be subject to non-payment by the CRA. Applicable documents must be attached for the Application to be processed. 6692 Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Page 5 of 5 Revised 08/04/04 September 14, 2004 Mr. Salvatore Scalzo 1914 Palmland Drive Boynton Beach, Florida 33436 INC. Boynton Beach CRA Folio Number: 08434521180000010 Property Owner: Salvatore Scalzo Boynton Beach, Florida Dear Mr. Scalzo: Per the mutual request of the Boynton Beach CRA and yourself, we have reviewed the above referenced property for the purpose of estimating an appraisal fee and to determine a delivery of the appraisal report. Based on our review, we have estimated an appraisal fee of $1,600 for this property and per our discussions with Mr. Doug Hutchinson; the fee will be split between the property owner and the Boynton Beach CRA. As you are aware, we are completing a series of appraisais on this project and the report will be completed within the time frame of three to six weeks after the execution of this contract. As part of the appraisal assignment, we will address the market value of the property at its highest and best use and also consider the market value of the site as assembled by the eventual developer of the assembled tract of land. Please execute this letter as notice to proceed with this assignment. Also please provide us with your contact information so we can schedule the inspection of your property: Thanks for considering ns for this assignment. Sine,rely yourS, ," } t i1!~>',,/ State Co~ Gener~ R.E. Appr~er ~ 001270 Conditions Accepted-(Both Parties Need to Execute) By: Property Owner Saivatore Scalzo Boynton Beach CRA Doug Hutchinson Phone # 561-737-3256 3665 N.W. 124TH AVENUE · CORAL SPRINGS, FLORIDA 33065 PHONE: 954-575-2399 · FAX: 954-252-4504 · EMAIL: RMAGINC@AOL.COM 6695 Robert Miller 954-252-4504 QUALIFICXTIONS ROBERT D. MILLER, ASA EDUCATION: PROFESSIONAL AFFILIATION: LICENSED: EXPEI~IF. NCE: QUALI1HED AS EXPERT WITNESS FOR: HAS COMPLETED: Sanic~ Member of American Society of Appraisers- South Florida Chapter No. 82 - Accredited Senior Appraiser (ASA) Real Property Urban Real Estate Broker- Stat~ of Florida Certified General Real Estate Appraiser #0001270- State of Florida 1995-Presant 1993-1995 1978-1993 1987 Real Estate Appraiser- Owner Appraisal Firm Vice President-The Urban Group, Inc. Real Property Analysts, Inc., Fort Landerdale, Florida, Executive Vice Presidant Involved in United Stu~es Senate Study Right-of-Way Aequlsifian Procedure~ Cond~nnatian proceeding in Lake, Kankakea, Cook and DuPage Counties, Illinois and Brow~d, Dade, Monroe, Palm Bceeh and Dural Counties, Florida. Testified in Bankru~ey Court in Florida and Texas Appraisal Assignments Commezoial, vacant and improved Condemnation projects Industrial, vacant and improved Multi-family residential, Mobil~ Home Parks Office, vacant and improved purpoce properties P,~view 8ervice~ Counseling Acquisition projects Income tax analysis lnvesimeat analysis Tax assessments ROW Co~t Analysis Spenlal ~s~s.~nants Sp~ial 6697 MILLER APPRAISAL GROUP INC. DEPA~'T~I~T O1~ BUS~ ~. PROFESSTO~T~ R~ubATZON F~i~ZDA~.,F, BTA/~APPP. A.TSALBD Z940 N. ]~0~iROE ST. TAL~LF, A.SBEE FL 32399-0753 850-487-1395 MILLER, ROBERT D JR 3665 NW 124T~ A~E COP. AL BPRIN~B FL 33065-2~45 A~072972] DETACH HERE ~0729721. :~:. , ./' ', ,:'~;S'~ATEOF.'FLORIDA - · . ;,.::/ '.::-:t,r~O~:a~,L' '~AT~ AP~U=SAL-B~ :..:* ' SE~L°i~zs°°a'7:a 6698. ~ov 03 O~ 0~:29p Robert Hiller ~al AGENCY ~NCH ~F~ POLICY ~E~ ~ Znsur~ce i~ praised by Con~nental Casualty Com~y 07B990 g69 ~ 2-~05905-9-04 C~ Plaza, Ch~ca~o, IL 60685, A S~ock Insur~ce ~ller A~prai~ Grou~, Inc. NOTICE TO ~OLIC~O~D~S: ~665 ~ 124~ Avenu~ The Errors ~ ~ion~ Li~ility Coral Spring~ , FL 33065 coverage affor~e~ by ~is policy on a Cla~s Ma~ basi~. ~le~e r~view Coverage wi~ your insur~ce agent broker. 2. POLX~ 1~: Inception: 03/20/04 'Expiration: 03/20/05 at 12:01 A.M. Standard Time at you~ ad~ress shown above. 3. ~ ~ ON~SSIO~S LXABTr. X~: A. L/mits of Liability: Each Claim: $500,000. Aggregate: B. Lo=kbox Limit of Liability: (SUBLIMIT INCLUDED WITD~IN THE LIMITS OF LIABILITY) C. Discrim/nat/on I.~ ts of Liability D. Deductible: Each Cla/m: E. First Coverage Date: 03/20/04 $500,000. $50,000. $0. $5,000. 4. PREMIUM: $566.00 G-128413-B (ED. 8/Ol) I12613B-B021013 Counte · . · gned by Authormzed Representatzve - 1- 6699 Mov 03 04 04:30p Robert Miller 954-252-4504 p.S VARIOUS CLIENTS OVER TH~'. PAST TEN YEARS PRIVATE Ai-rORNEY MORTGAGE ALTMAN DEVELOPMENT CORPORATION BELLSOUTH MOBILITY' CLEAR CHANNEL OUTDOOR LENNAR HOMES PRIMF. CO THE TAUBMAN COMPANY SBA TOWERS I~C UNITED HOMES JAMES BRADY & ASSOCIATES BECKER & POLIAKOPF BRIOHAM-MOORE COKER AND FEINER EARI~ & PATCHIL,N' HOLLAND & KNIGHT RUDEN MCCLOgKEY TEW CARDENAS VANCE DONEY & MACOIBBON WI~SS-SI~OTA-I-~LFMAN AMERICAN HOME LOANS CHARTER MORTGAGE FIRST RESIDEN1Ya. L HOME ACCESS MORTGAGE INEEDA MORTCL~.OE CORP KEY FINANCIAL LIBERTY FINANCIAL OCEANRIDE LENDING CORPORATION PF. AK MORTGAGE WELLS FARGO 6700 MILLER APPRAISAl GROUP INC. Nov 03 04 04~30p p.S BROWARD COUNTY BROWARD COUNTY SCHOOL BOARD C~TY OF CORAL SPRINGS CITY' OF FORT LAUDERDALE CITY OF FORT MYERS CITY OF HA~.I ANDALE BEACH CITY OF HOLLYWOOD CITY OF LAUDF, RDALE LAKES CITY OF KEY WEST CITY OF MIAMI SPRINGS CITY OF POMi~A~O BEACH CITY OF SUNRISE FLORIDA DI~PAR~ OF TRANSPORTATION PALM BEACH COUNTY PALM BEACH COUNTY SCHOOL BOAItD SOUTH FLORIDA WATER MANAGElVI~NT TOWN OF DAVIE US DEPARTMENT OF HOUSING & URBAN DEVELOPMENT 6701 MILLER APPRAISAL GROUP INC. 2004/2005 ASSEMBLY & REDEVELOPMENT INCENTIVE GRANT PROGRAM PROGRAM .~OREEMENT Boynton Beach Commumty Redevelopment Agency THIS IS AN AGREEMENT, entered into thisii-S~ day of-- -- [/t,~¢~rl~e~, between the Boy,ton Beach Comm~tnity Redevelopment Agency, hereinafter referred to as CRA and ~/--~_.-~ I~J ~'T'~ '~)(~J~ ~0~... I'~'"~. ~ , a Property Owner (s), hereinafter referred to as the applicant. PROGRAM AGREEMENT Term: The property owner(s) must complete the survey, initial site planning, appraisal, and legal and/or feasibility study within six (6) months of the grant award. Failure to complete the survey, initial site planning, appraisal, legal and/or feasibility study in a timely manner wilt result in the property owner(s) losing the grant reimbursement opportunity. Further, the applicant shall enter into an agreement for sales; exchange, etc with a third party developer within twelve (12) months of the date of completion of the grant work. The Board may consider time extensions. Time Extension: The Grant may be extended one time for up to six (6) months by the CRA Board. The request for the extension must be received no later than thirty (30) days prior to the deadline for action. The extension request shall include extenuating circumstances leading to the need for an extension. The extension is at the sole discretion of the CRA Board. If grants are not extended and applicants to not complete the Grant are Scope of Work and/or fail to enter into a third party redevelopment agreement, the applicant(s) are in default. The redevelopment agreement shall require the developer to submit a site development plan to the City/CRA within twelve (12) months of the agreement execution. Maximum Grant Funding Amounts: The CRA will provide a matching grant up to the amount of Fifteen Thousand Dollars ($15,000) to encourage improvements on residential properties for approved expenditures. Default Clause: If no redevelopment sale, contract or agreement occurs within the program term of twelve (12) months after completion of grant activities, the grant funds or prorated share thereof; will be recovered from the defaulting sub-applicant (s) by the CRA. CRA acknowledgement of Funding: The Applicant will acknowledge the CRA's participation in the Assembly & Redevelopment Project. That acknowledgement shall Boynton Beach Community Redevelopment Agency Assembly & Redevelopment IncentNe Grant Program Agreement 670.~ Page 'l of 5 Revised 08/04104 be defined in the application and approved by the CRA Board prior to funding. No Guarantee for Funding: Applicants must complete and submit an application to be considered for funding. APPLICATION SUBMITTAL TO THIS PROGRAM IN NO WAY GUARANTEES CRA FUNDING. Certification: The Applicant hereby certifies that they are the legal owner of the property. The Grant Application is herby included as program documentation and is attached as Exhibit "A". Indemnification: The Applicant agrees to protect, defend, reimburse, indemnify and hold the CRA, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attomey's fees, and causes of action of every kind and character against and from CRA which may arise out of this Agreement. The applicant's recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CRA in support of this obligation in accordance with the laws of the State of Florida. Applicant's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the CRA, its respective agents, servants employees or officers, nor shall the liability limits set forth in Section 768.28, Florida Statutes., be waived. This paragraph shall survive the termination of the Agreement. 6703 Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Page 2 of 5 Revised 08/04/04 T The program information form is attached as Exhibit "A" and is herby made a part of this agreement. By signing this agreement and formal requesting consideration of grant funding, the property owner certifies that all information and statements made are true and correct, j~ ~...~/~.~/~/~----~ ~~ Witness (Date) Applicant ~ (D~te) CRA Director (Date) STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officerj duly authorized by law to administer oaths and._t~k._e._~r~?wledgements, personally appeared ~J.P,~O2-~ ~{~ ~Li~-~...~, who is ~duced 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 ha, ve set my hand and official seal in the State and County aforesaid on this i~'~, day of ~, 200~[_. NOTARY PUB~C~~i' ~ommission Expires: ~_.(..~ ~'.1 .~L 6704 Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Page 3 of 5 Revised 08/04/04 EXHIBIT "A" PROJECT INFORMATION Name of Representative of Applicant(s): ~ I,J'-~f%l ~..J~,L)~, Address: City/State.~~¢ %1~¢1~-~: ~ Phone# Day:(Oi~ I/ 'qO ~" ~)1 Fax: Zip Code: Evening: E-Mail · Survey Legal ~ Site Planning, Engineering and/or Architectural El Feasibility Study El Other [~ Appraisal J~ Description of the Assembly & Redevelopment Project, (~) Der %~g: .l~ I~¢_.~¢~ LoOarr~m'> kr-: uo-r 0~o ~ ~ ~. '. 4645Z ?ooooo4D 67O5 Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Page 4 of 5 Revised 08/04/04 ASSEMBLY & REDEVELOPMENT INCENTIVE GRANT INFORMATION Attach the following items as Exhibit "A" · Project Information Page, Group Contract Representative, (Assembly & Redevelopment Project write-up describing in detail the scope of the Project, and the Professional performing each scope of work); · List of all properties, their ownership, PCN Number, size and current use. · Resumes of all Professionals performing work on the project; · Project schedule and time line; · Maps or sketches of the project site Showing each property; · Budget for the work covered under this application with sources and uses; · Provide photos of proposed project site (electronic preferred). NOTE: An expense amount changed from an approved Application without prior CRA Board approval may be subject to non-payment by the CRA. Applicable documents must be attached for the Application to be processed. 6706 Boynton Beach Community Redevelopment Agency Assembly & Redevelopment lncen'dve Grant Program Agreement Page 5 of 5 Revised 08/04104 September 14, 2004 Mcken LLC 321 N. Railroad Avenue Boynton Beach, Florida 33435 INC. Boynton Beach CRA Folio Number: 08434521050000150 ansd 0160 Property Owner: Mcken LLC Boynton Beach, Florida Dear Sks: Per the mutual request of the Boynton Beach CRA and yourself, we have reviewed the above referenced property for the purpose of estimating an appraisal fee and to determine a delivery of the appraisal report. Based on our review, we have estimated an appraisal fee of $2,100 for this property and per our discussions with Mr. Doug Hutchinson; the fee will be split between the property owner and the Boynton Beach CRA. As you are aware, we are complet'mg a series of appraisals on this project and the report will be completed within the time frame of three to six weeks after the execution of this contract. As part of the appraisal assignment, we will address the market value of the property at its highest and best use and also consider the market value of the site as assembled by the eventual developer of the assembled tract of land. Please execute this letter as notice to proceed with this assignment. Also please provide as with your contact information so we can schedule the inspection of your property: Thanks for considering us for this assignment. ~in~erely yes, State Certified General R.E. Appraiser # 001270 Conditions Accepted-(Both Parties Need to Execute) By: Property O/write r/ Mcken LLC '~ Phone fl 7~33~'/~/ Boynton Beach CRA Doug Hutchinson Phone # 561-737-3256 6707 3665 N.W. 124TH AVENUE · CORAL SPRINGS, FLORIDA 33065 PHONE: 954-575-2399 · FAX: 954-252-4504 · EMA1L: RMAGINC@AOL.COM September 14, 2004 Mcken LLC 321 N. Railroad Avenue Boymon Beach, Florida 33435 INC. Boynton Beach CRA Folio Number: 08434521050000130 Property Owner: Mcken LLC Boynton Beach, Florida Dear Sirs: Per the mutual request of the Boynton Beach CRA and yoursel~ we have mviewad the above referenced property for the purpos~ of estln~tln~ all a~raisal fee alld to det~, ~.,;ne a delivery ofthe a~p.~isal report. Based on our review, we have estimated an app. aisal f~e of $500 for this property and ~ our discussions with Mr. Doug HutcMn,~on; the fee will be split between ~ ~o~ o~ ~ ~ ~n ~h C~ As you are aware, we are completing a series of appraisals on thi.~ project and the roport will be complc~l w~h~n the time fi--.e, of three to six w~ks aO~r the execution of this contract. we can schedule the inspection of your property: Thank.~ for considering us for th[~ as~i?ment State C~ General R.E. Appraiser # 001270 Conditions Accepted-(Both Parties Need to Execute) 7f2 ? zz z Boynton Beach CRA Doug Hutchln.~on Phoue # 561-737-3256 6709 3665 N.W. 124TH AVENUE · CORAL SPRINGS, FLORIDA 33065 PHONE: 954-575-2399 · FAX: 954-252-4504 · EMAIL: RMAGINC@AOL.COM 6710 September t4, 2004 Mcken LLC 321 N. Railroad Avenue Boynton Beach, Florida 33435 INC. Boynton Beach CRA Folio Number: 08434521050000121 Property Owner: Mcken LLC Boynton Beach, Florida Dear Sirs: Per the mutual request of the Boynton Beach CRA and yourself, we have reviewed the above referenced property for the purpose of estimating an appraisal fee and to determine a deliveu of the appraisal report. Based on our review, we have estimated an appraisal fee of $1,200 for this property and per our discussions with Mr. Doug Hutchinson; the fee will be split between the property owner and the Boynton Beach CRA. As you are aware, we are completing a series of appraisals on this project and the report will be completed within the fane frame of three to six weeks after the execution of this contract. As part of the appraisal assignment, we will address the market value of the property at its highest and best use and also consider the market value of the site as assembled by the eventual developer oftbe assembled tract of land. Please execute this letter as notice to proceed with thi~ assiLmment. Also please provide us with your contact information so we can schedule the inspection of your property: Thanks for cons'tiering us for this assigtmaent. State Certified General R.E. Appraiser # 001270 Conditions Accepted-(Both Parties Need to Execute) By: Property Owner M~ken LL~ ~ Phone # ~7 ovd-~ Boynton Beach CRA Doug Hutchinson Phone # 561-737-3256 6711 3665 N.W. 124TH AVENUE · CORAL SPRINGS, FLORIDA 33065 PHONE: 954-575-2399 · FAX: 954-252-4504 · EMAIL: RMAGINC@AOL.COM 6712 September 14, 2004 Mr. Kenneth Schweitzer 321 N. Railroad Avenue Boynton Beach, Florida 33435 INC. Boynton Beach CRA Folio Number: 08434521050000170 and 0190 Property Owner: Kenneth Schweitzer Boynton Beach, Florida Dear Mr. Schweitzer: Per the mutual request of the Boynton Beach CRA and yoursel~ we have reviewed the above referenced property for the purpose of estimating an appraisal fee and to determine a delivery oftbe appraisal report. Based on our review, we have estimated an appraisal fee of $650 for this property and per our discussions with Mr. Doug Hutchln~on; the fee will be split between the property owner and the Boynton Beach CRA. As you are aware, we are completing a series of appraisals on this project and the report will be completed within the time firame of three to six weeks al~er the execution of this contract. As part of the appraisal assignment, we will address the market value of the property at its highest and best use and also consider the market value oftbe site as assembled by the eventual developer of the assembled tract of land. Please execute this letter as notice to proceed with this assignment. Also please provide us with your contact information so we can schedule the inspection of your property: Thanks for considering us for this assignmem. ..R~.~lffi' er, ASA State Cer~fied General R.E. Appraiser # 001270 Conditions Aceepted-(Both Parties Need to Execute) By: Boynton Beach CRA Phone # ? ~'~t~.~/ Doug Hutchinson Phone # 561-737-3256 6713 3665 N.W. 124TH AVENUE · CORAL SPRINGS, FLORIDA 33065 PHONE: 954-575-2399 · FAX: 954-252-4504 · EMAIL: RMAGINC@AOL.COM 6714 6715 Robert Miller 954-252-4504 p.2 QUALIFICATIONS ROBERT D. MILLER, ASA EDUCATION: PROFESSIONAL A~'~'LLIATION: LICENSED: EXPEREENCE: QUALIFIED AS EXPERT WITNESS FOR: HAS COMPLETED: Appraisal Institute Coarses SSP Standards of Professional Prnctice I-A Fundamentals of Resl Estate Appraisal I-B Capitalization Theory and Techniques 8 Appraising a Single-Family Residence 2-1 Case Studies in Real Estate Valuation 2-2 Report Writing Business Valuation Seminm' Litigation Valuation Other Appraisal Conrses Mass Apprai~ of Residential Properties Florida State Law and USPAP Factory Built Housing Automated Valu~tioa Models Senior Member of American Society of Appraisers- South Florida Chaptcr No. 82 - A{xzedited Senior Appraiser (ASA) Real Property Urban Real Estate Broker- State of Florida Certified Genial Real Estate Appraiser #0001270- State of Florida 1995-Present 1993-1995 1978-1993 1987 Real Estate Appraiser- Owner Appraisal Firm Vice Prezidmt-The Urban Oroup, Inc. Real Property Analysts, Inc., For~ Lauderdale, Flarida, Executiw Vi~ President Involved in United Stal~s S~nate Study Right-of-Way Acquisition Proecdures Condomnation proceeding in Lake, Kankakee, Cook and DuPle Conaties, Illinois and Broward, Dade, Monroe, Palm Besch and Dural Counties, Florid~ Testified in Bankruptcy Court in Florida and Texas Appraisal Amignmoat~ Commer~iai, vacant and improved Condenmatton proj~ts lndu~a'ial, vacant and improved Multi-family residential, Mobile Home Parks O~oe, vacant and improved purpose properties Rox6esv Services Counseling Acquisition projects Income tax analysis Inve~anent analysis Tax assessmants ROW Cost Analysis Special assessmeats Special 6716 MILLER APPRAISAL GROUP INC. Mov 03 04 04:29p Robert Miller Z940 N. ~g3t~OE ST. TALL~EI~BE~ FL 32399-07@3 850-487-1395 MZLnlaR, ROBnT D ,.i-JR 3665 lq~ 124"Z~ AV~ CORAL 8PRI1;QB FL 33065-2445 AC~0729723 ~E'~1270 ;: 12/19/0~' 011126285 D~TACH HERE the provi .elooe ~ptration date. :NOV' 30, 3665 ]~* 124'Z~ &FB '.%' CO~r., 8PHZN~ ~ 33065-2&'] 6717 ~ov 03 O~ O~:2Sp ~obert Niller 954-252-4504 p.4 AGENCY BRANCH PREFIX POLICY NUMBER 078990 969 RNP 2-7605905-9-04 Decla~a~ioms Rea~ Estate Pro£essionals ~Insurance is provided by Continental Casualty Company CNA Plaza, Chicago, IL 60~85, A Stock Insurance Company. Miller Appraisal Group, Inc. 3668 ND; 124th Avenue Coral Springs , FL 33065 NOTICE TO POLICYHOLDERS: The Errors and Om/ssion$ Liability coverage afforded by this policy is on a Claims Ma~e basis. Please review the policy carefully and discuss this Coverage with your insurance agent or broker. 2. POL~YI~IO$: Inception: 03/20/04 Expiration: 03/20/05 at 12:01 A.M. Standard Time at your address ehoswn above. 3. E~RO~S~2~O~I~IONS LIABvr. IT~: A. Limits of Liability: Each Claim: $500,000. Aggregate: B. Lockbox Limit of Liability: (SUBLIMIT INCLUDED WITHIN THE LIMITS OF LIABILITY) C. Discrim/nation L{m{ ts of Liability D. Deductible: Each Cla/m: E. First Coveraqs Date: 03/20/04 $500,000. $50,000. $0. $5,000. 4. PREMIUM: $566.00 G-128413-B (ED. 8/01) I126138-B021013 Counterm'~gne~ by Authorized Representative - 1- 6718 Nov 03 O~ O~:30p Robert Hiller p.5 VARIOUS CLIENTS OVeR ~ PAST TEN YI~ARS PRIVATE A~fORNEY MORTGAGE ALTMAN DEV~LO~ CORPORATION BELLSOUTH MOBILITy CLEAR CHANNEL OI.rfDOOR LBNNAR HOMES PRI1MECO THE TAUBMAN' COMPANY SBA TOWERS ]NC. UNITED HOMES JAMES BRADY & ASSOCIATES BECKER & POLIAKOPF BRIGHAM-MOORE COKER AND FEINER EARLE & PATCHEN HOLLAND & IOqIGHT RUDEN MCCLOSKEY TEW CARDENAS VANCE DONEY & MACGIBBON WEIS S-SEROTA.-HELFMA.N AMERICAN HO~ LOANS CHARTER MORTOAGE FIRST RESIDENTIAL HOME ACCESS MORTGAGE INEEDA MORTOAOE (X)RP KEY FINANCIAL lIBERTY FINANCIAL ~IDE LEND~qO CORPORATION PEAK MORT~AOE WELLS FARGO 6719 MILLER APPRAISAl GROUP INC. Hov 03 04 04:30p 2obert Miller 954-252-4504 p.B BROWARD COUNTY BROWARD COUNTY SCHOOL BOARD CHARLOri~; COUNTY CITY OF CORAL SPRINOS CITY OF FORT LAUDERDALE CITY OF FORT ~ CETY OF HAI.LANDALE BEACH CITY OF HOLLYWOOD CITY OF LAUDF, RD~- L~ LAKES CITY OF KEY WEST CITY OF M~cMI SPR1N~$ CITY OF POMPANO BEACH CITY OF SUNRISE FLORIDA DEPARTMEHT OF TRANSPORTATION i,~. COUNTY PALM BEACH coUNTY PALM BEACH COUNTY SCHOOL BOARD SOUTH FLORIDA WATER MANAGEMENT TOWN OF DAV1E US DEPARTMt~T OF HOUSING & URBAN DEVELOPMENT 6720 MILLER APPRAISAL GROUP INC. 2004~2005 ASSEMBLY & REDEVELOPMENT INCENTIVE GRANT PRO~RAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency THIS IS AN AGREEMENT, entered into this 1' day of ~Jt(J{/'-~r)~;~etween the Bl~nton Be,ach Community Redevelopment Agency, hereinafter referred to as CRA and ~ ~ I o ~1~'1~,.. , a Property Owner (s), hereinafter referred to as the applicant. PROGRAM AGREEMENT Term: The property owner(s) must complete the survey, initial site planning, appraisal, and legal and/or feasibility study within six (6) months of the grant award. Failure to complete the survey, initial site planning, appraisal, legal and/or feasibility study in a timely manner will result in the property owner(s) losing the grant reimbursement opportunity. Further, the applicant shall enter into an agreement for sales~ exchange, etc with a third party developer within twelve (12) months of the date of completion of the grant work. The Board may consider time extensions. Time Extension: The Grant may be extended one time for up to six (6) months by the CRA Board. The request for the extension must be received no later than thirty (30) days prior to the deadline for action. The extension request shall include extenuating circumstances leading to the need for an extension. The extension is at the sole discretion of the CRA Board. If grants are not extended and applicants to not complete the Grant are Scope of Work and/or fail to enter into a third party redevelopment agreement, the applicant(s) are in default. The redevelopment agreement shall require the developer to submit a site development plan to the City/CRA within twelve (12) months of the agreement execution. Maximum Grant Funding Amounts: The CRA will provide a matching grant up to the amount of Fifteen Thousand Dollars ($15,000) to encourage improvements on residential properties for approved expenditures. Default Clause: If no redevelopment sale, contract or agreement occurs within the program term of twelve (12) months after completion of grant activities, the grant funds or prorated share thereof; will be recovered from the defaulting sub-applicant (s) by the CRA. CRA acknowledgement of Funding: The Applicant will acknowledge the CRA's participation in the Assembly & Redevelopment Project. That acknowledgement shall Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement 67.~1 Page 1 of 5 Revised 08/04/04 be defined in the application and approved by the CRA Board prior to funding. No Guarantee for Funding: Applicants must' Complete and submit an application to be considered for funding. APPLICATION SUBMITTAL TO THIS PROGRAM IN NO WAY GUARANTEES CRA FUNDING. 7. Certification: The Applicant hereby certifies that they are the legal owner of the property. 8. The Grant Application is herby included as program documentation and is attached as Exhibit "A". Indemnification: The Applicant agrees to protect, defend, reimburse, indemnify and hold the CRA, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attomey's fees, and causes of action of everykind and character against and from CRA which may arise out of this Agreement. The applicant's recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CRA in support of this obligation in accordance with the laws of the State of Florida. Applicant's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the CRA, its respective agents, servants employees or officers, nor shall the liability limits set forth in Section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. 6722 Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Page 2 of 5 Revised 08/04/04 The program information form is attached as Exhibit "A" and is herby made a part of this agreement. By signing this agreement and formal requesting consideration of grant funding, the property owner certifies that all information and statements made and correct. . Witness (Date) Apl~licant (Date) CRA Director (Date) STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take a(;knowledgements, personally appeared ~_{~ ~:~U [fi ~)/~-~ ._ a~y~f ._~?.j3{'~ , who is p~e_r ally known to me produced as identification, and ackn~he executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of /~b~vt ~ Y"-- ,200.__~ NOTARY PUBLIC_~'~ I/~4'lJg~l~ommission Expires: ('~jS~j~c-, '~ / '~-.(..~7 6723 Boynton Beach Community Redevelopment Agency Assembly & Redevelopment IncentNe Grant Program Agreement Page3 of 5 Revised 08/04/04 EXHIBIT "A" PROJECT INFORMATION Name of Representative of Applicant(s): ~(L,~'~ ~ I 0 L~.~*~ Address: Phone # Day: (~ol '~*~)"~'Z..' ~'1 0,~- Zip Code: r~ ~.')¢ 5~ Evening: Fax: Survey Legal E-Mail · Site Planning, Engineering and/or Architectural Feasibility Study (~ Other [~ Appraisal,,~ Description of the Assembly & Redevelopment Project Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Page4 of 5 Revised 08/04/04 6724 ASSEMBLY & REDEVELOPMENT INCENTIVE GRANT INFORMATION Attach the following items as Exhibit "A" · Project Information Page, Group Contract Representative, (Assembly & Redevelopment Project write-up describing in detail the scope of the Project, and the Professional performing each scope of work); · List of all properties, their ownership, PCN Number, size and current use. Resumes of all Professionals performing work on the project; · Project schedule and time line; · Maps or sketches of the project site Showing each property; · Budget for the work covered under this application with sources and uses; · Provide photos of proposed project site (electronic preferred). NOTE: An expense amount changed from an approved Application without prior CRA Board approval may be subject to non-payment by the CRA. Applicable documents must be attached for the Application to be processed. Boynton Beach Community Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Page5 of 5 Revised 08/04/04 6725 September 14, 2004 Fred & Joe's 319 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 INC. Boynton Beach CRA Folio Number: 08434521180000071 and 0844521050000010 Property Owner: Fred & Joe's Boynton Beach, Florida Dear Sirs: Per the mutual request of the Boynton Beach CRA and yourself, we have reviewed the above referenced property for the purpose of estimating an appraisal fee and to determine a delivery oftbe appraisal report. Based on our review, we have estimated an appraisal fee of $2,100 for thi~ property and per our discussions with Mr. Doug Hutchinson; the fee will be split between the property owner and the Boynton Beach CRA. As you are aware, we are completing a series of appraisals on this project and the report will be completed within the time liame of three to six weeks after the execution of this contract. As part of the appraisal assignment, we will address the market value of the property at its highest and best use and also consider the market value oftbe site as assembled by the eventual developer of the assembled tract of land. Please execute this letter as notice to proceed with this assi~tmment. Also please provide us with your contact information so we can schedule the inspection of your property: Thank~ for considering us for this assignment. er, ASA State Certified General R.E. Appraiser # 001270 Conditions Accepted-(Both Parties Need to Execute) By: Property Owner rr~ ~/;/t_,~ Fred & Joe's Boynton Beach CRA Doug Hutchinson Phone # 561-737-3256 6726 3665 N.W. 124TH AVENUE · CORAL SPRINGS, FLORIDA 33065 PHONE: 954-575-2399 · FAX: 954-252-4504 · EMAIL: RMAGINC@AOL.COM ~0~%0 6727 Robert Miller QUALIFICaTiONS ROBERT D. MILLER, ASA EDUCATION: PROFESSIONAL AFFILIATION: LICENSED: EXPERIENCE: QUALIFIED AS EXPERT WRYNESS FOR: HAS COMPLETED: Appraisal Institute Coupes SSP Standards of Profmsional Practice I-A Fundamentals of Real Estate Appraisal I-B Capitalization Thcety and Techniques B Appraising a Single-Family Residence 2-1 Case Studi~ in Re~l Estete Valuation 2-2 Regort Writing Business Valuation Seminar Litigatioa Valuation OOer Appmimi Com'~ss Mass Appraisal of Residential Properties Florida State Law and USPAP FaO_aty Built bIou~ng Automated Valm~'ion Models Senior Member of American Socieiy of Appraisers- South Fica'ida Chnpter No. 82 - Accredited Senior Appraiser (ASA) Real Property Urba~ Real Estate Broker- State of Florida Certified General Real Estate Appraiser//0001270- Slate of Florida 1995-Present 1993-1995 1978-1993 1987 PamJ Estate Appraiser- Owner Appraisal Firm Vice Preaideat-The Urban Group, Inc. Real Property Analy~, Ino., Fort Lauderdala' Florida, Executiw Vice President Involved in United Statss Senate Study Right-of-Way Acquisition Procedures Condemnation proceeding in Lake, ~ee, Cook and DuPage Countim, Illinois and Broward, Dade, Monroe, Palm Beach and Dural Counties, Florida. Testified/n Bankruptcy Court in Florida and Texas 6729 Com~eling Acquisition projects Income tax analysis Investment analysis Tax assessments ROW Cost Analysis Special assessments Special MILLER APPRAISAL GROUP INC. Mov 03 04 04:29p Robert Miller 954-252-4504 p.3 Z940 N. ~01q'E. OB TALLAHABBEE FL 32399-0783 850-489-1395 MILLER, ROBERT D JR 3665 l~W 124THAVE CO[~J.~ BPRINGB FL 33065-2445 J~I~0729723 DETACH HERE Namecl below Vn~er the dat:e: NOV' 30. 3665 NW 124TH AVE PX, 33065-24,45"~;T :~... ~'. ' .." '6730 Nov 03 04 04:29p Robert Niller p.4 AGENCY BRANCH PREFIX POLICY NUMBER 078990 969 RArP 2-7605905-9-04 Declarations Real Es~a~e Professionals 'I~surance is provided by Continental Casualty Company CNA Plaza, Chicago, IL 60685, A Stock Insurance Company. Miller Appraisal Group, Inc. 3665 ND; 124th Avenue Coral Springs , FL 33065 NOTICE TO POLICYHOLDERS: The Errors and Omissions Liability cove=age afforded by this policy is on a Claims Ma~e basis. Please review the policy carefully and d~scuse this Coverage with your insurance agent or broker. 2. POLI~Y~ERIO~: Inception: 03/20/04 '~xpiration: 03/20/05 at 12:01 A.M. Standamd Time at your acldress shown above. A. Li~ts of Li~il~ty: Each Clx: $500,000. Aggregate: B. Loc~ox Limit of Li~ilit~: (S~LIMIT INCL~ED WITHIN T~ LIMITS OF LI~ILI~) C. Discri~nation L{~s of Li~ility D. Deductible: ~ach Clx: ~. First Coveraqe Date: 03/20/04 $500,000. $$0,000. $0. $5,000. ~. ~REMIUM: $566.00 G-128413-~ (~D. 8/0~) I126138-B021013 Counter~gned by Authorized Representative 6731 ;, Nov 03 04 04:30p Robert Hiller 954-252-4504 p.5 VARIOUS CLIENTS OVER TItF. PAST TEN YEARS PRIVATE ATTORNEY MORTGAGE ALTMAN DEVI~LOPIvlEI'~ CORPORATION BELLSOUTH MOBILITY CLEAR CHANNF..L OUTDOOR ~ HOMES PRIMECO THE TAUBMAN COMPANY SBA TOWERS INC. UNITED HOMES JAbi]~$ BRADY & ASSOCIATES BF. CKER & POLIAKOPF BRIGHAM=MOORE . COKER AND FEINER EARLE & PATCHF~ HOt.LAND&KNIGHT RUDEN MCCLOSKEY 'FEW CARDENAS VANCE DONEY & MACGI~BON AMERICAN HOME LOANS CHARTER MORTIIAOE FIRST RESIDENTIAL HOME ACCESS MORTGAGE , INEF..DA MORTOAOE CORP KEY FINANCIAL Lmt/RT¥ FINANCIAL OCEAN~IDE LENDING CORPORATION PEAK MORTGAGE WELLS FARGO 6732 MILLER APPRAISAl GROUP INC. Nov 03 O~ O~:50p Rober~ Miller 95~-252-~50~ p.B GOVERNMENT BROWARD COUNTY BROWARD COUNTY SCHOOL BOARD CHARLOcI~ COUNTY CITY OF CORAL SPRINOS CITY OF FORT LAUDERDALE CITY OF FORT MYERS CITY OF H~ I.ANDALE BEACH CITY OF HOLLYWOOD CITY OF LAUDF, RDALE LAKES CITY OF KEY WEST CITY OF MIAMI SPRINO$ CITY OF POMPANO BEACH CITY OF SUNRISE FLORIDA DEPAR~ OF TRANSPORTATION SOUTH FLORIDA WATER MANAGEMENT TOWN OF DAVIE US DEPAR~ OF HOUSING & URBAN DEVELOPMENT 6733 MILLER APPRAISAL GROUP INC. MEMO TO: CRA Board FROM: Douglas Hutchinson SUBJECT: Consideration of Property Acquisition contract in HOB Phase I Project Area. DATE: O~ober 29, 2004 The Urban Group is bringing forth the Delivery of Documents for Parcel #119 located at 117 NE 9th Avenue Land Trust) Fred Burgess Trustee 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 negotiated purchase cost is $123,200 for the property and a potential relocation package cost of $18,050. Staff is recommending the purchase of this property. 6734 October 25, 2004 Mr. Douglas Hutchinson Director Boynton Beach CRA 639 East Ocean Boulevard Suite 103 Boynton Beach, FL 33435 RE: Delivery of Documents - Parcel 119 (117 NE 9th Ave. Land Trust) Dear Hr, Hutchinson: A complete package has been prepared for submittal to the CRA Board on Parcel 119, 117 NE 9th Avenue Land Trust. This package includes all support documentation required for a decision to be rendered regarding the approval of necessary funding. The package being hand delivered on this date includes: Appraisal Review Appraisal (2) Original Contracts Copies of Notices provided at Initiation of Negotiations Recommendation for Settlement Relocation Costs Summary Should you have any questions or require additional information, please do not hesitate to call me @ (954) 522-6226, extension 116. Sincerely, The Urban Group, Inc. Barbara Hatlack Senior Realty Specialist Enclosures 6735 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 NEGOTZATTON SUMMARY & RECOMMENDATION FOR SETTLEMENT Seller: Fred Burgess, Trustee 117 NE 9th Avenue Land Trust Site Address: 117 NE 9th Avenue Boynton Beach, Florida 33435 Parcel # 119 Legal Description: Lot 5, in Block 4, of Palm Beach Country Club Estates, according to the Plat thereof, as recorded in Plat Book 11, at Page(s) 43, of the Public Records of Palm Beach County. Parcel Identification Number: 08-43-45-21-10-004-0050 Property Assessment Value: Appraised Fair Market Value: Date of Value: $55,345.00 $112,000.00 July 8, 2004 Seller's Position: The Urban Group has negotiated a contract to purchase the subject parcel for $123,200.00. Mr. Burgess, the Trustee for 117 NE 9th Avenue Land Trust had expected to contract the property for sale closer to $130,000.00, and based the asking price on discussions with local Realtors and Investors. Ms. Restrepo, Grantor, had stated this property was purchased for investment purposes with the intention of having a monthly rental income. Moreover, Ms. Restrepo was unaware of the Hear of Boynton Project when she purchased the home and claims she would never have acquired this property 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. The Review Appraiser, Mendel R. Westberry, MAI, concurred with the appraisal report submitted by D. Craig Keneipp and established the fair market value of this property to be $112,000.00. 6736 Page i of 3 The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316 TELEPHONE 954-522-6226 · FAX 954-522-6422 Negotiation Summary & Recommendation for Settlement 117 NE 9th Avenue Land Trust, 117 NE 9th Avenue, Boynton Beach, Florida October20, 2004 Page 2 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. 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 Fort Lauderdale, Florida. They projected the CRA's and owner's combined litigation cost to exceed $32,$00.00 ($11,000. properb/owner's costs + $21,500. agency costs). The breakdown of costs is as follows: The CRA's costs and property owner's costs of proceeding through Order of Taking and trial are estimated from historical information obtained from the Department of Transportation's Legal Counsel in Fort Lauderdale, Florida. The breakdown of costs is as follows: ' Typical Eminent Domain Litigation Expenses PROPERTY OWNERS CRA'S COSTS COSTS Appraisal Costs (update & testimony) $5t000.00 $5~000.00 Court Costs (Depositions, Mediation, Service of Process, $5,000.00 Sheriff Fees, Notice of Action, Court Reporter, Jury Transportation) Suit Preparation Fees $5t500.00 Attorney Fees $6t000.00 $6~000.00 Total Potential Costs of Litigation ~11t000.O0 ~21t500.OO Comments/Recommendations: The contract purchase price is 10% over the appraised value. Comparable sales of similar, three bedroom, one bath, single-family residences located in the subject area ranged from $110,000. to $137,000., 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. In closing, we recommend the CRA accept the property owner's counteroffer of $123,200.00. By agreeing to the aforementioned terms, the CRA can avoid risk-exposure related to a jury verdict above the CRA's appraised value, and avoid additional owner attorney, appraisal, contractor, expert witness fees, court costs, and O.T. preparation costs. Page 2 of 3 6737 Negotiation Summary & Recommendation for Settlement 117 NE 9th Avenue Land Trust, 117 NE 9th Avenue, Boynton Beach, Florida October 20, 2004 Page 3 Respectfully Submitted: Barbara Ma'tki~:k Senior Realty Specialist Date The Urban Group, fnc, Review ~Of ~5/o Barry Lazarus Date Project IVlanager Boynton Beach CRA Director's Concurrence: Doug Hutchinson BBCRA Director Date Boynton Beach CRA Board Approval: Jeanne Heavilin Chair, BBCRA Board Date Attachments: Appraisal Review Appraisal (2) Original Contracts Copies of Notices provided at Tnitiation of Negotiations CC: Howard Steinholz, Barry Lazarus, File Page 3 of 3 6738 Years of October 25, 2004 Douglas Hutchinson, Director Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 Subject: Heart of Boynton, Parcel 119 - 117 Northeast 9th Avenue Relocation Entitlements Dear Mr. Hutchinson: Listed below are estimated relocation costs for parcel 119.001o, 117 NE 9th Avenue Land Trust, landlord business and 119.001t, Ethall Copeland, residential tenant. Parcel 119.001o: 117 NE 9th Avenue Land Trust The owner of a landlord business is eligible for reimbursement of move costs, search expenses, and reestablishment expenses. Move costs: The property owner owns a minimum amount of movable personal property in the house. Estimated reimbursement of expenses: $500. Search expenses: Eligibility maximum is $1,000 for reimbursement of expenses incurred in searching for a replacement site. Estimated reimbursement of expenses: $1,000. 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. Maximum available relocation entitlement, parcel 119.001o: $11,500. 6739 de · Suite 200 · Fort Lauderdale, Florida 33316 · FAX 954-522-6422 · www,theurbangroup.com Douglas Hutchinson, Director Parcel 119 Boynton Beach CRA Page 2 ' ~ 119.001t The displaced residential tenants are the members of the household headed by Ethall Copeland. The tenants are eligible for a replacement housing payment and move costs. Replacement Housing Payment: The tenant is enrolled in the Section 8 housing program. She is eligible for a benefit based on any increase in rent or utilities at a comparable dwelling that is not paid by Section 8. At this time we expect no increase in cost, however, if household income has changed, there may be a relocation eligibility of up to $5,250. Move Costs: The Federal Schedule allows $1,300 for 6 rooms of furniture. Potential relocation entitlement, parcel 119.001t: $6,550. Total relocation potential costs: $18,050. Notices of Eligibility and 90-day Letters of Assurance were delivered to both the property owner and the tenant. The 90-day letters expire on November 24, 2004 for the property owner and on January 5, 2005 for the tenant. A Statement of Eligibility has been delivered to the residential tenant. No relocation claims have been submitted to date. Claims for reimbursement of expenses will be paid after the eligible expense has been incurred. Sincerely, Diane Mason Project Manager, Relocation Services The Urban Group, Inc. 6740 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AGREEMFF,,NT FOR PTTRCT-TA~qE ANIlu~qAI,F,, OF' Rlq;AT, PROPERTY This Agreement for Pmc~e and Sale of Real Property (hereinafter the "Agreement"), is made and entered into as of the _(.~_day of [~-Tz'~ J~_? , 2004, by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as "Buyer") and Fred I:h~rge~: Tm~tee (hereinafter referred as "Seller"). In consideration of the mutual agreements set forth below, the parties agree as follows: 1.0 Definitlan~ The following terms when used in this Agreement shall have the following meanings: 1.1 lqnyer. BOYNTON BEACH COM2MUNITY REDEVELOPMENT AGENCY, a public body corporate and public, created pursuant to Chapter 163 of the Florida Statutes. , . 1.2 l:h,yer'~ Agent. THE UP, BAN GROUP, INC., a Florida Corporation authorized to negotiate this Agreement and make deposits on behalf of the Buyer 1.3 Clo~ing, The delivery of the Deeds to Buyer concurrently with the delivery of the Purchase Price to Seller. 1.4 Clo~ing Date. The date of the Closing as determined in accordance with Paragraph 10 below. 1.5 Dead. One (1) Statutory General Warranty Deed which shall convey the Property from Seller to Buyer. 1.6 Effective Date. The date that this Agreement is executed by the last party to sign it, party for purposes of this section only are Seller and Buyer's Agent. 1.7 Governmental A~thariPy. 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, ~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 applicable to the Property, or to any appurtenances, structure, use or facility, on or adjacent to, the Property. 1.9 Proper~y. That certain real property located in the City of Boynton Beach, Palm Beach County, Florida, and more particularly described as parcel on Ex/a/bit "A" attached hereto and made a part hereof, together with all improvements, property rights, easements, privileges and appurtenances thereto. 6741 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. i 1 .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 Camp~ny The title insurance company, 1/censed and authorized to conduct business in the State of Florida as selected by Buyer. 1.14 Title Policy. An ALTA Form B Owner's Title Insurance Policy in the amount of the Purchase Price, insuring Buyer's title to the Property, subject only to the Permitted Exceptions. 2.0 Deposit ~nd Right tn Clo~e. 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 fi'om 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 fi'om the total purchase price. 2.2 Buyer shall be obligated to give Seller notice with/n 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. 2.3 Upon exercise of the right to close, Buyer shall place a second deposit of N/^ 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 Purchase Price. The total Purchase Price for the Property to be purchased by the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, from the Seller, is the sum of --~3~,e gh,nrirefi TWe. lv~. Thmi~nd / DOLLARS ($2.J..7,¢~U~. The purchase shall be contingent upon the, e~llowing, ff'fgr~o~'.~,~ 6742 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 ~urchase price unless purchase is otherwise approved by the CRA Board. ' 3.2 Approval of the Agreement and riglat~to close by the Buyer, CRA Board, on or before Ocm,hte"T3 r- .2004· ~-~ ~ 3.3 The Buyer's obligation to close on the Property is contingent on ~acqumng the parcel for the sum total of .O ..... I ........... :.[ll;--:. ~ --(~0~~ ~ 3.4 Buyers obligation to consummate the transaction referenced herein is'l:~\\~r contfngent on the Seller conveying the real property free and clear of all liens, leases, claims and interest o f third part/~es. 4.0 Tnspection~, 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, roles and regulations have been and are currently being complied with relative to the Property. Tiffs 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 F. viden ne c~f 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 M~rlcet~hle Title. Seller shall convey marketable title to the Property, subject to the Permitted Exceptions· Marketable Title shall be determined according to the Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have ten (10) days from the date of receiving the Title Commitment to examine same. If title is found defective, Buyer shall within ten (10) days of receiving the title commitment notify Seller in writing of any specific title defects· If Seller has not received whtten notice fi:om 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 6743 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 $ 10.000 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 ,qurvey. 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" aftached hereto. 'The Buyer may require any reasonable revision to the legal description so long as any such revlsion does not result in Seller being required to convey any lands or rights other than those d~scribed 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 ~qatler's R?re~entatlon. Seller hereby represents and warrants to Buyer as of the Effective Date and as of the Closing Date as follows: 7. i ~aTler'~ Authar~ty 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 ali requisite action has been taken to make this Agreement valid and binding on Seller in accordance with its terms. 7.2 Nn l.egal gar. 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 Nn De.f~nlt. 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 ofmarketable title to the Property, free and clear of ail liens, encumbrances and restrictions of any kind, except the Permitted Exceptions and encumbrances of records which will be paid at Closing. 6744 4 7.5 T,iti?tien, There are no actions, suits, proceedings or investigations pending or, to the knowledge of Seller, threatened~a, gainst Seller or the Property affecting any portion of the Property. 7.6 p~rties in Pn~se~inn. There are no parties other than Seller in possession of any portion of the Property as a lessee with the exception of ~thel CnpelRnd , 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 Fh)yer's Remedies For Seller's Mi~representat/nn~. 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 ~/d of the Closing Date, Buyer may either: (a) terminate tkis Agreement by written notice thereof to Seller, in which event the parties will be relieved, of all further obligations hereunder; or Co) 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 ' ' . 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 consurranation 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 Conditinns Precedent tc~ (qlc~inE, 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 S~ller not have done so Mt/fin said 10-day period, Buyer shall have the fight to either (a) terminate this Agreement by giving notice thereof to Seller, whereupon Buyer and Seller shall be relieved of alt further obligations under this Agreement; or (b) waive the condition and close. 9.i Re, pr. es.enlaRca~. 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 Ohligat/nns. Seller shall have performed all covenants, agreements, and obligations and compiled with ali conditions required by this Agreement to be performed or complied with by Seller prior to the Closing Date. 6745 9.3 The Property shall be free gt~d 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 shalI have the option to extend the closing for thirty (30) days to insure that the Property is vacant. 9.4 Seller shall make avallable (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, build/ng 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, Bfiyer 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 mount 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. i 0.0 Cla~in£ 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 ~eller'~ Clnsing Dnc, nments. At closing, Seller shall deliver the following documents ("Seller's Closing Documents") to Buyer: 6746 6 11.1 General Warranty Deed Th~ ~tatutory 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 Ikee 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 I,ien 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 clam in the Property (except Buyer), and (c) no improvements to the Property have been made for which payment has not been made. 11.3 Gap Affidavit. An affidavit in form and content reasonably satisfactory to the Title Company to facilitate the insuring of the '.'gap", i.e., the deleting as an exception to the Title Commitment any matters appearing between the effective date' of the Title Commitment and the effective date of the Title Policy. 11.4 FIRPTA A FIRPTA Non-Foreign Entity Transferor Certificate or Exemption Certificate or document evidencing withholdings, in accordance with Section 1445 of the Internal Revenue Code. 11.5 DR-2_1 O. A DR-219 Form as required for recording. 12.0 R,yer'~ Cla~ing Documents At closing, Buyer shall deliver the following documents (Buyer's Closing Documents) to Seller; property. 12.1 Approval, Written documentation of Buyer's authority to purchase the 13.0 Closing Proc, ed,,re. The Closing shall proceed in the following manner: 13.1 Tmn~fe, r of Funcls. Buyer shall pay the Purchase Price to the Seller by transfer of funds to the account designated by Seller. the Buyer. 13.2 Del/very of' Dacumentg Seller shall deliver Seller's Closing Documents to 14.0 (Tick,lng (qo~t~. ~ncl T~xe,~ Pror~tiong 14.1 Ad Vale)rem Taxeg. Seller shall comply with Section 196.295, Flor/da 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. 6747 14.2 Seller's Clasin£ Cnsts. Seller shall pay for the following items prior to or at the time of Closing: · ~ 14.3 the time of Closing: Cost of providing marketable titl~ as provide,%~einj~ ed. Buyer'~ Clo~ing Casts. Buyer shall pay for the following items phor 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 9fthe Property at Closing. 16.0 Cnndernn~tinn, 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 thereatler 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 ~,lntice. Notices shall be in writing delivered by hand, or by certified mail, return receipt requested, or overrdght 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 th/s medium shall maintain an appropriate receipt of delivery, in the normal course of business. AGENT FOR BUYER: THE URBAN GROUP, INC. c/o Barbara Matlack, Senior Realty Specialist 1424 South Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 As authorized agent for the BBCRA 6748 8 SELLER: Fred Burgess, Esquire / Trustee 1 I7 NE 9~ Avenue Lan~ Trust 1535 N. Park Drive, Suite ~01 Weston, FL 33326 18.0 Defm~lt If the Buyer shall fail or refuse to consummate the transaction in accordance with the terms and provisions of this agreement, al1 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 wi'rich shall include the return of the earnest money and accrued interest as 1/quidated damages and/or equitable relief such as specific performance. The Buyer should be entitled to equitable relief to enfome the terms and conditions of this agreement either through a decree for specific performance or injunctive relief. 19.0 Mi.qc, eU~necm~ 19.1 Counte?art~, This Agreement may be executed in any mtmber of counterparts, any one and ali 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 Attarne?' Fee~ If any party obtains a judgment against any other party by reason of breach oft/tis Agreement, attorneys' fees and costs shall be included in such judgment. 19.4 Gaveming r,nw 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~m'eement This Agreement set forth the entire agreement between Seller and Buyer relating to the Property and ail subject matter herein and supersedes all pr/or and contemporaneous negotiations, understandings and agreements, written or oral, between the parties. 19.6 Comp,tat/on of D~tes. If any date computed in the manner herein set forth falls on a legal holiday or non-business day or non-banking day, then such date shall be extended to the first bns/ness day following said legal holiday or non-business day or non-banking day. 6749 9 19.7 No Rec, nrfling. This Agreemqr~t 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 Rrc~ker~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 c0mmis~ion whatsoever with respect to this Agreement resulting fi.om the actions of the party making such representations. Seller and Buyer in accordance with the limitations of the Florida Statutes and law, each indenmify and hold each other harmless fi:om and against any and all losses, costs, damages, liabilities and expenses (including without limitation, reasonable attorneys' and paralegal fees) resulting fi.om a breach by the indemnifying party of the foregoing representation. 19.9 Anc,?tance nfDeed. 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 th6se which are ,~p¢cifically stated to survive delivery of the Deeds and closing. 19.10 lnte~retation. 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 ail terms and provisions have been negotiated. 19.I1 Cnptlcm~: 14e~ding~; 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 shail not constitute a waiver thereof, and no waiver of any term or provision oft his 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 continning or future waiver as to such term or provision or as to any other term or provision. 19.13 No Third P~rty Renefic, i~ry. 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. i9.14 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 fi:om your county health unit. 6750 10 IN WITNESS WHEREOF, the parties haye~ executed th/s Agreement as of the date /ndicated below. WlTNE S S E S: BUYER: (Print Name) (Print Name) THE URBAN GROUP, INC. as agent for BBCRA C Barbara Matl~cl~, Seni~r-~'~alty-~'~ecialist Date Executed: /~/~/z~2/ WITNESSES: (Print Name) (Print Name) Date Executed: (O~)~/ 6751 ll WITNESSES: (Print Name) (Pr/nt Name) APPROVED BY CP,-A BOARD By: Chair, Jeanne Heavilm Date Executed: H:\ 1998\980465~AGMTxPurchascAndSaleRealProp.doe 6752 12 EXHIBIT '!A". LEGAL DE.qCRIPTION Lot 5, in Block 4, of Palm Beach Country Club Estates, according to the Plat thereof, as recorded in Plat Book 11, at Page(s) 43, of the Public Records of Palm Beach County, Florida. Folio No.: 08-43-45-21-10-004-0050 6753 August 19, 2004 Years of Fred Burgess, Esquire Trustee of 117 NE 9th Ave. Land Trust 1535 North Park Drive Suite 101 Weston, FL 33326 RE: Acquisition Offer Package Heart of Boynton Parcels //¢ Dear Mr. Burgess: The Boynton Beach Community Redevelopment Agency requires property owned by you for the redevelopment project known as the "Heart of Boynton". The Boynton Beach CRA, has contracted The Urban Group, Inc. to initiate negotiations for the above referenced project. We now have possession of the approved appraisal for your property located at 117 NE 9th Avenue, in Boynton Beach, FL 33435. Mr. D. Craig Keneipp, State Certified G~neral Appraiser, has completed extensive market research and appraised your property based upon the market approach to value. Affer a thorough review by Mendel R. Westberw, MAI, State Certified General Real Estate Appraiser, I am authorized to make the following offer on behalf of Boynton Beach CRA: Parcel located at 117 NE 9th Avenue in Boynton Beach, improved with a three bedroom, one bath, single family residence, $112,000.00 is the offer of Just Compensation f have enclosed a number of documents and brochures. The Notice to Owner letter describes the purpose and intent of the acquisition. "The Real Estate Acquisition Process" booklet will explain to you the rights and benefits you are entitled to under the Boynton Beach Community Redevelopment Agency Real Estate Acquisition Process. The 90 Day letter is a notice that extends to you the CRA's assurance that you will not be required to move from this property before at least ninety (90) days have elapsed from the date you received this letter. The Offer of Just Compensation indicates that the acquisition offer is based in the fair market value established by an appraiser and approved by a review appraiser. The Establishment of Just Compensation indicates the value established as just compensation. The SummaW Statement of Offer of Just Compensation specifies the interest being sought in your property. It also identifies the buildings, structures and fixtures considered part of the real estate. 6754 The Urban Group, In,c. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316 TELEPHONE 954-522-6226 · FAX 954-522~6422 · www.theurbangroup.com August :[9, 2004 Acquisition Offer Package Heart of Boynton Page 2 of 3 Fred Burgess, Trustee :[19 have also enclosed a No Brokerage Relationship Disclosure which describes my duties to you as: 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. A Notice of Relocation Eligibility (non-residential) for a Landlord Business is enclosed, indicating your eligibility for search expense and reestablishment expense reimbursement for the improved commercial property. A relocation brochure is also enclosed to specify the various reimbursable expenses. You are also eligible for'certain move costs in connection with the moveable personal property. The Boynton Beach Community Redevelopment Agency Agreement for Purchase and Bale of Real Property (contract) is enclosed for your use. Should the offer be countered, this document can be utilized in the submission of a counteroffer for consideration in our negotiations. f am looking forward to working with you to come to an amicable agreement on the purchase of the three subject properties. ! ask that you work with me to achieve a mutually agreed resolution to the purchase of your properties. Sincerely, The Urban Group~ :[nc, Barbara HatJack Enc.: Notice to Owner The Real Estate Acquisition Process Offer of Just Compensation Establishment of .lust Compensation Summaw Statement of Offer of -lust Compensation No Brokerage Relationship Disclosure 90 Day Letter of Assurance Notice of Relocation Eligibility Relocation Brochure The Urban Group, Inc. 6755 August 19, 2004 Acquisition Offer Package Heart of Boynton Page 3 of 3 Fred Burgess, Trustee 119 CC: Sharon Restrepo, grantor 117 NE 9th Avenue Land Trust 32 South West 5~ Avenue Delray Beach, FL 33444 Barry Lazarus, Project Manager Records File Fred Burgess, Trustee 117 NE 9th Avenue Land Trust Certified Hail Receipt No.: 7001 1140 002 3013 1736 Sharon Restrepo Certified Mail Receipt No.: 7001 1140 0002 3013 1743 6756 ~The Urban Group, ln¢, OFFER OF 3UST COHPENSATI'ON August 19, 2004 Fred Burgess, Esquire Trustee of :[17 NE 9t~ Ave. Land Trust :[535 N. Park Drive, Ste. 101 Weston, FL 33326 PROJECT NAME: PARCEL NO.: HEART OF BOYNTON :[19 Dear Mr, Burgess: The purpose of this letter is tO. 'make you an offer of just compensation for your property located at :[17 NE 9th Avenue, Boynton Beach, Florida 33435. Hendel Westberry, MAI, Review Appraiser, on behalf of the Boynton Beach Community Redevelopment Agency, has established the amount of just compensation for your property at $1:[2,000. 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. 1~6 or our toll free number (888) 522-6226, ext. :I:[6. I look forward to hearing from you soon. Accompanying Attachments · Establishment of 3ust Compensation Sincerely, THE URBAN GROUP, INC. Agents for Boynton Beach CRA Senior Realty Specialist Summary Statement of Offer of 3ust Compensation Real Estate Agency Disclosure cc: Sharon Restrepo 6757 BOYNTON BEACH COHMUNITY REDEVELOPMENT AGENCY ESTABLISHMENT OF 3UST COMPENSATION P~OPER TY L OCA T~D A T 117 NE 9~h Avenue Boynton Beach, Florida, 33435 Fred Burgess, Trustee 117 NE 9th Avenue Land Trust PROJECT NAME: HEARTOF BOYNTON PARCEL NO.: 119 An appraisal prepared and submitted by D. Craig Keneipp, indicates the fair market value for the property identified above to be $ 1t2,000. A review of this appraisal has been made by Mendel R. Westberw, 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, Mendel R. Westberry, MAI, on behalf of the Boynton Beach Community Redevelopment Agency, hereby established the just compensation for the property identified above to be $112,000. 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. D~[ivered By ~ ~)~/ ~ ~ Pate Receipt Acknowledged By Date 6758 BOYNTON BEACH COHHUNITY REDEVELOPHENT AGENCY SUHHARY STATEHENT OF OFFER OF 3UST COHPENSATZON Fred Burgess, Esquire Trustee of 117 NE 9th Ave. Land Trust 1535 N. Park Drive, Ste. i01 Weston, FL 33326 PROJECT NANE: HEARTOF BOYNTON PARCEL NO,: 119 Dear Mr. Burges: 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: 3 Bedroom, ! Bath Single family Residence =- CRA does not normally acquire personal property such as furniture and furnishings, clothing, and other similar items of personal acts 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 acquired. N/A You are further advised that the gency s offer of just compensabon for the property required for the Heart of Boynton project is based on the Fair Harket Value of the property and that the CPA's offer to you is not less than the approved appraised value of the property. The following represents a summaw of the Boynton Beach CPA'S offer to you and the basis therefore: Land & Improvements $ 112,000.00 Real Estate Damages $ N/A Total $ 112.000.00 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 CPA'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 GROUP, INC, Agents for 8oynton Beach CPA 6759 ',ered By ~dC ~"~d~,~::~/L-/~2~ Barbara Matlack Senior Realty Specialist Date Receipt Acknowledged By Date BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY NOTTCE TO OWNER August 19, 2004 Fred Burgess, Esquire Trustee of 117 NE 9th Ave. Land Trust i535 N. Park Drive, Ste. 101 Weston, FL 33326 PRO_IECT NAME: PARCEL NO.: HEART OF BOYNTON 119 RE: ii7 NE 9~h Avenue, Boynton Beach, Florida 33435 Dear Property Owner and Other Interested Parties: The purpose of this letter is to inform you that the Boynton Beach Community Redevelopment Agency, herein known as the Agency, is interested in acquiring your property located at :[17 NE 9th Avenue, 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 properly. You, or someone you designate to represent you, will be offered the opportunity to accompany the appraiser during the inspections of your property, 6760 BOYNTON BEACH COMMUNTTY REDEVELOPMENT AGENCY NOTZCE TO OWNER August 19, 2004 Page 2 of 2 Z/: your property is tenant-occupied, each tenant should be encouraged to not move. Each lawful tenant determined to be eligible as ~ 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 UP, A. 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. In the event you wish to provide housing to a tenant after this date, and you personally wish to pay for such assistance, please contact the Agency before you allow the tenant to occupy or lease the unit since URA assistance for a displaced person can be quite expensive, 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: ]:f 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 F4atlack, Senior Realty Specialist, at (954) 522-6226, ext. 116 or our toll free number (888) 522- 6226, ext. 1:[6. 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, INC, Agents for Boynton Beach CRA Barbara Hatlack Senior Realty Specialist Enclosure Cc: Sharon Restrepo 6761 NOT]:CE OF ELTGIBTLTTY NONRE$IDENT"rAL Fred Burgess, Esquire Trustee of 117 NE 9th Ave. Land Trust :~535 N. Park Drive, Ste. i0~. Weston, Florida 33326 PROJECT NAME: PARCEL NO.: Heart of 8ovnton 119.001o 117 Northeast g[h Avenue Bovnton Beach, Florida 33435 Dear Mr. Burgess: 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 acquired, this notice is provided to advise you of your eligibility for services and payments under the Relocation Assistance proggam. All displaced persons are eligible for advisor,/services from the CRA to assist in their relocation. Depending on the acquisition of rea~ 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. tn addition t 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 St0,000, 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 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 not 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; ~-424 South Andrews Avenue, Suite 200, Fort Lauderdale, Florida 33316. Receipt Acknowledged By Sincerely, THE URBAN GROUP¢ INC, Agents for Boynton Beach CRA ._ ,ce 'c.~-CJ~iane Mason, ProjeCt Manager, Relocation Serv' s Date (z) Original to Property Owner/Tenant Copy to CRA Office 6762 ~OYNTON BEACH 3BCRA-R-07 COMMUNITY REDEVELOPHENT AGENCY Fred Burgess, Esquire Trustee of Z17 NE 9t" Ave. Land Trust 1535 N. Park Drive, Ste. 101 Weston, Florida 33326 Date: August :[7, 2004 in reply refer to: ProJect Description: Relocation Parcel No.: Initiation of Negotiations: . Heart of Boynton 119.001o Auqust 17, 2004 90-DAY LETFER OF ASSURANCE Dear Mr. Burgess: 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. Tt 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 ~,gency 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. Zt 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: ;[424 South Andrews Avenue, ~;uite 200, Fort Lauderdale, Florida 33316. Sincerely, THE URBAN GROUP~ INC, Agents for Boynton Beach CRA ~ Diane Mason ~ Project Manager, Relocation Services RECEIPT ACKNOWLEDGED: ~/gn6,~Z~p~//-/1~/~' '7DD/ 't) Original Owner/Tenant ~c'b~ ~e:)/~ /'7~ -') Copy to File 6763 DATE: BOYNTON BEACH COHHUNITY REDEVELOPHENT AGENCY OFF C .AL USE Fred Bur~ less, Esquire Trustee of 117 NE 9th Ave. Land Trust 1535 NOrth Park Drive, Suite 10l Weston, FL 33326 BBCRA 119 B.M. · and 2. ,Also' item 4 if Restricted Delivery is desired, · Print ybU} nAr~e ar/~drcs¢, o01"ll'l&rever~e so that ,~.dah ret~'~e~aCd ~'~o"~u. ; · Attach this ca~'d to the back of the mailpie~, or on the fron[ f space perm ts. Fred Burgess, Esquire Trustee of i17 NE 9th Ave. Land Trust 1535 North Park Drive, Suite 101 Weston, FL 33326 BBCRA 119 B,M. 2. Article Number ~rransfer from service label½ A. Sign ture Received b~ D. Is delivery address different from item If YES, enter delivery address below: r-] No 3. ice Type I~VCCertified Mail BI Express Mail (¢]"~Registered ~Return Receipt for Merchandise ~ Insured Mail [~J C.O.D 4. Restricted Delivery? (Extra Fee) ~] Yes 7001 1140 0002 3013 1736 PS Form 381 1, August 2001 Domestic Return Receipt 6764 102595-02-M-1540 FFtCJAL USE ~-senCr(, Sharon Res. trepo, Grantor "~, ~'~i~¼'"~'~'~;;-:-- 117 NE 9~ ~ve. Land Trust ~ o,~o~" 32 South West 5m Avert ' H 8~ 119 B.H. · Complete items 1 2'/and 3. Alsb Complete tern 4 if F~esfricted DeliVery i~ desired. · Print you~' n. ame and address on the reverse so that We 8an ret~q/t~he'~c~fd,la~mu. · Attach t~i~ C~rd te~,lbafck0of~ailpiece, or on~t~ f~ont if space ~e_rmits. 1. Article Addressed to: ~ ~ . - Sharon Restrepo, Grantor 1~7 NE 9~ Ave. Land Trust 32 South West 5th Avenue Deiray Beach, FL 33444 BBCRA 119 2 Article Number ~Transfer from se~ice label) PS Form 3811, August 2001 [] Agent [] D. Is delivery address different fr~rn item 1 ? [] Yes If YES, enter delivery address below: r-] No  xpress Mail Registered ¢ Return Receipt for Merchandise I-1 Insured Mail .O.D. 4. Restricted Delivery? (Extra Fee) ~1 y¢s 7001 1t40 0002 3013 1743 Domestic Return Receipt 102595-02-M-1540 6765 Florida Coastal Appraisal Services Real Estate Appraisers and Consultants 2101 South Andrews Avenue Suite 205 Fort Lauderdale, FL 333 i6 954 779-3298 954 779-3395 (Fax) Parcel 119 Single Family Residence 117 NE 9TM AVENUE LAND TRUST 117 NE 9th Avenue Boynton Beach, Florida Report Date/Date of Valuation: July 8, 2004 Prepared 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 6766 Florida Coastal Appraisal Services Real Estate A]apraisers and Consultants 2101 South Andrews Avenue Suite 205 Fort Lauderdale, FL 33316 954 779-3298 954 779-3395 (Fax) July 8, 2004 Mr. Dale Sugerman The City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Subject: HEART OF BOYNTON CRA th Parcel 119 / 117 NE 9 Avenue Land Trust Single Family Residence 117 NE 9th Avenue 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 8, 2004 is: $112,000 ( One Hundred Twelve Thousand Dollars) Respectfully Submitted, D. Craig Keneipp ~7 State Certified Genera Appraiser- #0001491 6767 Parcel i 19 / 117 NE 9th Ave L~d Trust 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 reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. 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 prepareu, 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: $112,000.00 Date of Value: July 8, 2004 Signed: "~ / / .? ~,'2 D. CFaig Keneip~j/ STATE CERTI~ED GENERAL APPRAISER 0001491 6768 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 o f Value: Special Assumptions or Limiting Conditions Under Which Value is Based: EXECUTIVE SUMMARY HEART OF BOYNTON CRA Parcel 119 I 17 NE 9tg ~venue Land Trust D. Craig Keneipp Florida Coastal Appraisal Services, Inc. Date of Value/Report: July 8, 2004 Fee Simple 5, 750 square feet (estimated, no survey provided) Legal and Physical: via NE 9TM Avenue. R-2 Residential Duple~ / Medium Density Residential $62,500 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: $112,000.00 None. 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 inspection ...................................................................................... 6 Type of Property .......................................................................................... 6 History of the Property (Last Five Years) ................................................... 6 Description of the Property ......................................................................... 6 Zoning/Land Use PIarming/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 ........................................................................ i4 Addendum ................................................................................................. Subject Photos Letter to owner Subject deed Sales Data Sheets Limiting Conditions and Assumptions Appraiser Qualifications I5 6770 Property Location The subject property is located on NE 9th Avenue, ast of Seacrest Boulevard, west of Federal Highway, within the city limits of Boynton Beach, Palm Beach County, Florida. Property Owner Name & Address 117 NE 9th Avenue Land Trust 1535 Northpark Drive #I01 Ft. Lauderdale, FL 33326 Legal Description PB 11 Page 43 PALM BEACH COUNTRY CLUB ESTATES, lot 5, Block 4 as recorded in the public records of Palm Beach County, Florida. Property Inspection June 10, 2004, Interior and exterior with tenant. July 8, 2004 exterior only. Type of Property The property is an improved single-family residence.consisting of 3 Bedrooms and 1 bath. History of the Property Built as a SFR in 1981. The subject has no known transfers of record within the past twelve months. The subject sold in May 2003. The subject is leased on an annual basis for $1,050/month. Description of the Property The subject is an improved single-family residence. Lot Size: Shape: Ingress/egres~: Topography: Soil Characteristics: 5,750 square feet Rectangular 50 x 115+/- ( no survey provided) Via NE 9th Avenue. 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: Building Area: Available to the site, considered to be adequate and typical. 1,032 square feet under air. HVAC: Walls: Flooring: Roof) Additional improvements: Central Frame Carpet and tile. Pitched Gable/Hip. Landscaping, chain link fencing, concrete driveway. 6771 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 mediunx 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 goverranent authority is reviewing a proposed development. The site is platted under the PALM BEACH COUNTRY CLUB ESTATES 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 ~erified with the municipality before using such data for any purpose. Assessed Value and Taxes Taxing authority: Palm Beach County Folio No.: 08434521100040050 Assessed value: $62,500 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 will be researched and reviewed. The site will be inspected. The conclusions Mil 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. 6772 7 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 definition is the consttrnmation of a sale as o£a specified date and the passing of title fram seller to buyer under conditions whereby: I) Buyer and seller are typically motivated; 2) 3) 4) 5) Both parties are well informed or well 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 gran!¢d by anyone associated with the sale. ~ 6773 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 D 2 duplex, being utilized as a single-family residence. This use is consistent with the subject neighborhc The lot size is typical for the neighborhood. Based an 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 neighborhoo& 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. Tlte 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. 6774 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 found and through preliminary analysis and field inspections reduced. Personal verifications with either the buyers or the sellers provided additional data for scrutiny and analysis. Several sales have been chosen for use in direct comparison. The sale prc~perties sele'eted 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 typical residential lot land size; the number of bedrooms, baths and living area will be considered in establishing an overall un/t 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. 6775 Single Family Residential Sales Table Item SUBJECT SFR Sale G2 SFR Sale V SFR Sale T SFR Sale R OR/Pa~e 1683~0235 16682/1297 16631/0330 Address 117 NE 9rh Ave 403 NE 11t~ Ave 324 NE 10~ Ave 806 NE 2"a Ct. 402 NE 13th Ave Boynton Beach Boynton Beach Boynton Beach Boynton Beach Boynton Beach Sale Date As of July 2004 June 16, 2004 4/13/2004 3/9/2004 3/2/2004 Lot Size 5,750 Sq Feet 7,500 Sq Feet 8,250 Sq Feet 6,000 Sq Feet 3,800 Sq Feet Living area 1,032 Sq Feet 880 Sq Feet 1,377 Sq Feet 1,054 Sq Feet 884 Sq Feet BR 3 3 3 3 , 3 Baths t 1 2 2 1 ½ Year Built i981 1961 (remodeled) 1994 1972 1936 Quality Good Good Good Good Good Condition Good Good Good Good Fair Sale Price N/A $112,000 $ I40,000 $100,000 $99,500 Car Cover No Carpor~ Carpor~ None Carport Storage None 36 sr. utility room Shed None Rear Patio HVAC Central Central Central Central No Landscaping Good Good Good Good ' Fair Comments .................... Purchased by an Purchased by owner Purchased by owner Purchased by m~ investor. Available occupant, occupant, investor. Leased to for lease, tenant. Sales Analysis The table reflects sales for single-family residential property values 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 Bedroom/I Bath. The unadjusted sales indicate a range of typicaI homes from the past year of $99,500 to $140,000. Sale G2 This recent SFR sale has smaller living area than the subject, with a slightly larger lot size. It has three bedrooms, and one bath upon interview with the listing broker and personal inspection. It is in good condition. It has central aJc. It has been remodeled to a status considered similar to the subject. The sale is slightly superior due the carport. Prior lease history was $1,080/month. Overall, the sale is considered similar to the subject. Sale V This sale is larger in size overall to the subject. The sale has a larger lot area. Built as a SFR in 1994, it has three bedrooms, 2 baths. The sale appears to be reasonably maintained and is owner occupied. The sale is superior to the subject due to the carport and additional bathroom/living area. This sale is considered to set the upper end of the value range. 6776 Sale T This sale is similar in overall size overall to the subject. Built as a SFR in 1972, it reportedly has three bedrooms, 2 baths. The sale appears to be reasonably maintained and is owner occupied. The sale is considered superior to the subject in location being on a less traveled interior road/cul-de-sac. It is slightly inferior in condition and landscaping. Sale R This sale is smaller in overall size than the subject. Built as a frame residence in 1936, it currently has three bedrooms, 1½ bath. The sale appears to be reasonably maintained and is leased for $970/month. Tenant pays water and electric. The sale is inferior to the subject in age, condition, lot size and lack of central a/c. The sale is slightly superior to the subject relative to the additional ½ bath, carport and rear patio area. Overall this sale sets the low end of the sales range. Conclusion of Market Sales Comparison Approach Items such as lot size, bedroom/baths, age, condition, HVAC, and landscaping are all considered. The subject is considered to be in good condition with reasonable landscaping. All sales, including the pending sale, have been given reasonable consideration. The neighborhood market values are considered to be increasing. There are sales of new construction SFR's in the neighborhood that are 3BR/2bath with garage for $140,000. Following a thorough review of my market data and analysis of the pertinent information and facts, my market value indicator from the sales comparison approach is $110,000. Conclusion of Market Sales Comparison Approach: $110,000 6777 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 "anticipati and "substitution", as well as, the principle of "contribution." Potential gross income can be defineo _o the income a property will produce with 100% occt/'l~ancy. 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 iease; 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 $ i ,050. Sale Subject SFR Sale & SFR Sale & Sale & Rental Rental R Rental M G2 Location 117 NE 9th Ave. 402 NE 13th Ave. 123 NE 9th Ave. 403 NE 11th Ave Rental Date As of 7/04 Current Current Historical Sale Date .............. 3/2004 11/2003 June 16, 2004 Sale Price $99,500 $85,000 $112,000 Gross Income .............. Annual $11,640 $9,000 $12,960 Monthly $970 $750 $1,080' Gross Rent .............. 8.54 9,44 8.64 Multiplier *anticipated per broker Gross Rent Subject The market rent for the subject property 3 bedroom/1 bath SFR is estimated to be $1,050/month. Armual ~,ross rent is thus estimated to be $12,600. Gross Rent Multiplier Dividing the sales prices by their gross annual rent, yields a gross rent multiplier range of 8.54 to 9.44. Sale/Rental M is located on the same street as the subject, it is however a small 2BR/lbath, which is reflected in the lower sale/rental rate. Sale/Rental G2 is most comparable overall to the subject. In my opinion, the sales and rental analysis indicates a gross rent multiplier of 9.00 for the subject is reasonable. 9.00 X $12,600 =$113,400 Market Value estimate via the Income Approach: $113,400 6778 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 and facts, the following value estimates have been indicated. COST APPROACH' '~ N/A SALES COMPARISON APPROACH $110,000 INCOME APPROACH $113,400 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 opirfion that the subject property has a fee simple market value as of July 8, 2004 of: Market Value Opinion: $112,000 (One Hundred Twelve Thousand Dollars) 6779 14 ADDENDUM Subject Photos Letter to owner Subject deed Sales Data Sheets Appraiser Qualifications Limiting Conditions and Assumptions 6780 Parcel 117 Subject Photo 6781 Florida Coastal Appraisal Services Real Estate Appraisers and Consultants 2101 South Andrews Avenue Suite 205 Fort Lauderdale, FL 33316 t 954 779-3298 954 7~9-3395 (Fax) Hay 30, 2004 117 NE 9th Avenue Land Trust 1535 Northpark Drive #101 Ft. Lauderdale, FL 33326 RE: Boynton Beach Community Redevelopment Agency Heart of Boynton Parcel No. 119 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 117 NE 9th Avenue, 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 June :LO, 2004 at 11:30 a,m. If you or your designated representative 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. ]Ef you have any questions, you may contact me at my office Honday through Friday between the hours of 9:00 AP1 and 5:00 PM. Sincerely, D, Craig K e~Jz' // 6782 · TPt-C .' ,-~HIER TRI-COUNTy COURi~R ' W~=on, Florida 33326 ~~ a~ne~e~er c~J]~ ~he I T N ~ S S E T~ ~ ~ ~tors, for a d in , D)~ and o~er valu~f~id.~ . . n ~derm on of im~ls ~2~d Na~e ' a~d 3a~e la.cobs who are pers~ally ~o~ to me or Mve Produced Y ~ Joseph MY Co~issio~ Expares 6783 Book16476/Page1205 Page 1 of I Sale Address: Sale Date: PCN: Seller: Buyer: Sale Price: Living Area: Bedrooms: Car Cover: Comments: Confirmation: Sales Data Sheet 324 NE l0th Avenue 04/13/2004 08434521040000090 Juno Williams Trust James Moore $140,000 1,377 Square Feet 3 ' Baths: Carport SFR V 16830/0235 Boynton Beach Financing: Purchased by owner occupant. Public records. Personal inspection onsite. Photograph o.9_f,Sale $119,000 2 6~ Sale Address: Sale Date: PCN: Seller: Buyer: Sale Price: Living Area: Bedrooms: Car Cover: Comments: Confirmation: Sales Data Sheet SFR T 16682/1297 806 NE 2nd Court Boynton Beach 03/9/2004 ~" 08434521360000060 Tommy Jonas Hugh Hood, Jr. $I00,000 1,054 Square Feet 3 Baths: 2 None. Purchased by owner occupant. Public records. Personal inspection onsite. Photo~raoh of Sale Financing: $75,000 + $25,000 6786 Sale Address: Sale Date: PCN: Seller: Buyer: Sale Price: Living Area: Bedrooms: Car Cover: Comments: Confirmation: Sales Data Sheet 402 NE 13th Avenue 03/2/2004 08434521200010120 Henry Roberson Sal Corrente $99,500 884 Square Feet Carport SFR R 16631/0330 Boynton Beach Financing: Baths: $89,550 Purchased by investor. Currently leased. Public records, personal inspection with tenant. Photograph o__f Sale Qualifications of D. Craig Keneipp, Appraiser/Consultant 2101 South Andrews Avenue, Suite 205 Fort Lauderdale, Florida 33316 EDUCATION ~ ~ Bachelor of Science, Business Administration, Marketing. Uaiversity 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 ~ppraiser/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. Right2of-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 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. 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 LitigationValuation Industrial Valuation 6788 D. Craig Keneipp, State Certified General Appraiser Partial Statewide Client List Government Agencies Florida Dept. O£ 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 Sun.rise Financial Institutions North Trust Bar~k 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 Property Types Appraised Vacant Land Agricultural Residential Comanercial Jmproved Residential Single Family Multi-family Condominiums .Improved Commercial Bar, ks 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 6789 3_7 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 xvith any other appraisal. Marketable title, but not responsibility as tO legal matt~rs 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, nexvs, sales, or other media without the written consent and approval of the appraiser. 6790 WESTBERRY & ASSOCIATES, LLC Real Estate Appraisers and Consulta,~ts July 20, 2004 Virginia Mammone The Urban Group, Inc. 1424 South Andrews Avenue, Suite 200 Ft. Lauderdale, FL 33316 Re: Review Appraiser's Statement Heart of B0ynton CRA Parcel 119 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 6791 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.: 119 Identification of Report Under Review ~., The report is a complete appraisal summary report identified as parcel 119 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 117 NE 9th Avenue Land Trust whose mailing address is 1535 Northpark Drive #101, Fort LaUderdale, FL. The subject property is located on NE 9th Avenue, east of Seacrest Boulevard in the City of Boynton Beach. Date of Value Date of Report Date of Review 71812004 7/8/2004 7~20~2004 Overview of the Subject Property The subject property is a 5,750 square foot parcel of land which is improved with a single family residence. It was originally constructed in 1981 as a three bedroom, one bath 1,032 square foot residence. This frame house has pitched gable/hip roof and carpeted and tiled floors. The house has central air-conditioning. The site 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 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 site, 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 6792 REVIEW APPRAISER'S STATEMENT Project Name: Heart of Boynton CRA Parcel No.: 119 reasonablenes, s of t,h.e value estimates.~ I also, reviewed t, he report, for compliance w,th Uniform Standards of l~rofesslonal 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 Revie?_, The completeness of the report is considered adequate and sufficient in terms of the requirements of USPAP. Appropriateness of Appraisal Methods and Techniques Use, I 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, many 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 Approach) 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 A~3Droach NA Sales Comparison Approach-Improved Mr. Keneipp used four comparably improved sales. The sale prices of the comparable sales range from $99,500 to $140,000. All the sales are in proximate locations to the subject property. All have sold within the last eight months. The subject's lot size is 5,750 square feet, the comparable sale lot sizes range from 3,800 square feet to 8,250 square feet. The subject has central air-conditioning, as do all but one of the comparable sales. All of the comparable sales have three bedrooms, two sales, like the subject, have one bathroom, one has two bathrooms and one has one and one half 6793 3 REVIEW APPRAISER'S STATEMENT Project Name: Heart of Boynton CRA Parcel No.: 119 bathrooms. The subject improvements ,~,ere. originally built in 1981, the comparable sales bracket the age of the sUbJect. The oldest comparable sale was constructed in 1936, the newest was built in 1994. 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 ail the sales equal consideration and correlated to a value of $110,000 for the subject property. Income Approach To develop the Income Approach to value for the subject property, Mr. Keneipp used three 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 8.54 to 9.44. After analyzing ail of his data, Mr. Keneipp correlated to near the mid-range, 9.00, and applied the subject market rent of $1,050 to arrive at an estimate of value via the Income Approach of $113,400. $1,050 x 12 = $12,600 x 9.00 = $113,400 Reconciliation of Approaches to Value The Sales Comparison Approach produced an estimate of value of $110,000 for the subject property. The Income Approach produced an estimate of value of $113,400 for the subject property. Mr. Keneipp placed equal weight on each of these approaches and reconciled to an estimate of value for the subject property of $112,000. Cost Approach NA Sales Comparison Approach $110,000 Income Approach $113,400 Recommended compensation based on Mr. Keneipp's report is: $112,000 6794 4 REVIEW APPRAISER'S STATEMENT 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 July 19,2004. 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: $112,000 Parcel 119 Mendel R. Westberry, MAI State Certified Real Estate Appraiser #0000331 Date 6795 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. 6796 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. 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. 6797 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportuinty to participate in and enjoy the benefits ora service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. TO: THRU: FROM: DATE: PRO.1ECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNZNG AND ZON1~NG DZVZSI'ON MEMORANDUM NO. PZ 04-262 STAFF REPORT ADDENDUM Chair and Members Community Redevelopment Agency Board Michael Rumpf Planning and Zoning Director Eric Lee .]ohnson,/~CP ~ Planner November :1, 2004 Edward Medical Office Building / NWSP 04-012 New Site Plan This memorandum is an addendum to the New Site Plan staff report (Memorandum No. PZ 04-2:10) - see attached. Mr. Hany Edward owns a 0.72-acre parcel of land, located on the west side of South Federal Highway approximately 350 south ofthe intersection of Old Dixie Highway and South Federal Highway. In May of 2004, Mr. Edward submitted a request to annex (ANEX 04-004) the subject property into the City of Boynton Beach, to rezone (LUAR 04-008) from General Commercial (Palm Beach County) to Community Commercial (C-3), and new site plan approval in order to construct an ~.1,957 square foot medical office building. Staff reviewed and recommended approval on all three (3) applications. On September :14, 2004, the Community Redevelopment Agency Board reviewed the annexation, rezoning, and site plan. The Board recommended approval of Mr. Edward's request for annexation and rezoning but voted to table the site plan for the lack of consistency with the design guidelines endorsed by the Board. The Board tabled the plan indefinitely and recommended that the applicant revise the plan, meet with staff, and then return to the Board with a plan that would embrace those guidelines. The principal deficiencies noted by the Board were the lack of continuity between the first and second floors, the detail of the north (front) facade, the height of the parapet wall, and the lack of foundation landscaping along the south (rear) facade. On September 21, 2004, the City Commission, in keeping with the Board's recommendations, voted to table the site plan, and approved the annexation and rezoning applications. Therefore, the property is now located within the city limits and zoned Community Commercial (C-3) but there is no approved site plan of record. This site plan represents Mr. Edward's continuing efforts to construct a medical office building on his 0.72-acre parcel. A medical office building is a permitted use in the zoning district. The construction of the building, parking lot, and all other site improvements would occur within one (:1) phase. SUMMARY OF CHANGES: 6'798 The original plan proposed a building that was 11,957 square feet in area. The revised site plan shows that the building size was reduced by 16:1 square feet, for a total of 1~.,796 square feet. Likewise, the number of parking spaces was reduced from 60 to 59 spaces. This reduction in building area occurs at the rear of the building. The floor plan shows that the building would have two (2) landscaped atriums at the rear of the building. The building would still be situated with a zero (0) side setback along the south Staff Report- Edward Medical Office Building (NWSP 04-012) Memorandum No PZ 04-262 Page 2 property line but now, two (2) recesses or cut-outs ~n th~ rear facade would allow for the installation of tall-growing, thin palm trees. These trees would help to break up the great wall expanse (at the rear of the building) and to soften "built environment" with natural plant material. The landscape plan shows that four (~,) Fishtail palm trees (1~,-16 feet in height) and 30 Simpson Stopper would be installed within these recesses. Internal doors leading into the atrium allow for plant maintenance. The previous elevations showed the top of the parapet wall at 26 feet - two (2) Inches in height. The elevations have been revised to show that the top of the parapet wall is now proposed at 29 feet in height. Also, two (2) decorative medallions have been added to the parapet wall for extra appeal and height. The middle decorative tower increased in height, from 3~, feet - one (1) inch (as dimensioned at the mean height level) to 36 feet - seven (7) inches (also measured at the mean height level). The front and rear of the building appear different because the columns on the first and second floor now align with each other whereas previously, they did not. This use of repeated elements will help to unite the first and second floors. The columns proposed at the end of the bullding are now thicker (in width) in order to achieve a greater sense of balance and order between the columns. Finally, more block windows have been added to the rear elevation. It is the opinion of staff that these changes satisfy the noted deficiencies. Staff has reviewed the modifications that were made to the project and is recommending approval, subject to satisfying all comments itemized in Exhibit "C" - CondiUons 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\PROJECTS\Edward Medical Office\NWSP 04-012\Staff P, epor~ addendum.doc 6799 TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONTNG DI'V~SI'ON HEHORANDUH NO. PZ 04-210 STAFF REPORT Chair and Members Community Redevelopment Agency Board Michael Rumpf Planning and Zoning Director Eric Lee .lohnson~ 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: PRO3ECT DESCR][P'F/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'g CH/5 Commercial High Intensity (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) 6800 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 resldential property (future Waterside residential development by Southern Homes, [nc.) with a Special High Density Residential (SHDR) land use classification, zoned Infill Planned Unit Development ([PUD); West: Developed residential property classified as Palm Beach County Hedium Residential (5 units per acre - RM/5) land use and zoned Palm Beach County Residential Multi-family (RM). PROPERTY OWNER NOT~FZCAT~ON 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. 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 04-00~ 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 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. 6801 Staff Report - Edward Medical Office Building (NWSP 04-012) Memorandum No PZ 04-210 Page 3 Service / Impacts: Traffic- Drainage- School- Utilities- Police- Fire- Driveways: Parking Facility: 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 requlres 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 exflltration trenches. School concurrency is not required for this type of project. There is sufficient potable water pressure to provide domestic and fire-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 driveway opening. This opening would be 24 feet in width and would provide for both vehicular Ingress and egress. [t would allow for right-turn only egress. 6802 Hedical offices require one (1) parking space per 200 square feet of gross floor area. The proposed building would be 11,9.57 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 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, 24 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. Landscaping: 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 native 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 matedal 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 matedal includes the following: Duranta Gold Hound, Purple Showers, Silver Buttonwood, Chinese Fan Palm, Simpson Stopper, Dwarf Firebush, and Travelers Palm trees. Building and Site: The side landscape buffers (north and south) would be at least two and one-half (2-1/z) feet in width. These buffers would contain a row of Silver Buttonwood trees and Redtlp Cocoplum hedges. One (1) tree would be installed every 25 feet. The landscape architect and the City Forester would determine the relocation and mltlgaUon of all exlstlng trees during field inspections occurring at the time of permitting (see Exhlblt "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, slx (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"- CondiUons of Approval). Rnally, 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. 6803 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 2~, 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 wo[~ld 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 ~6 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 comer of the property, near the proposed lift station. The proposed dumpster enclosure would be located at the northwest comer of the site. [n 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.S. columns of the fence would be painted to match the building. At the time of permitting, staff would ensure compliance with Rte 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 elevaUons. Buildings, structures, and site elements are not required to match surrounding ex/sting 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 compatibility and harmony with the surrounding properties (see Exhibit "C"- Conditions of Approval). Regardless of the main wall co/ors, the accent trim-work would be painted white, which is consistent with past approvals. 6804 No wall signs are proposed. The site plan (sheet S-l) 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 structu~reS would be a water fountain; the other would be a monument sign. The Entry Fountain &Slgn 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). 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\PROJECTS\Edward Medical Office\NWSP O4.-012\Staff Report.doc 6805 EDWARD MEDICAL OFFICE LOCATION MAP EXHIBIT A HDR LRC SHDR CH/5 LRC LEGEND esmll.. City Boundary bed uses: IRC - Loolll Retllll Comm®rcl&l HDR . High D®rmlty Residentlel 8HDR . 8pecll[ High Density bsldentlM MRS . Medium R®lld®ntlll (oounl~-) CH/5 - Comm®rclll High, w/underlying MR-8 (oounty) Q ~ 40 10 6806 CHIS EXHIBIT "B" 6807 6808 ,{ ®®® ,{ -- E.)O~iBiT.L !il ]!imi .11!i ~iiII!!i l!, r!il I I ~~fion plans for:. 6810 CA~BI~ & LANDSCAPE AECHITECT$ INC. EXHIBIT "B" 6811 ®@® EXHIBIT "C'.' Conditions of Approval - Revised Project name: Edward Medical Office Building File number: NWSP 04-012 Reference: 3"a ' . . . . review lans ~dentified as a New S~te Plan 'with an October 19 2004 Plannin and Zoinn D artment date stam markin . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic Commen...~ts: None ENGINEERING DIVISION Comments: 1. Show sight ~angies on the Landscape plans (Chapter 7.5, Article II, Section 5.H.). Reference FDOT Standard Index 546 for the sight triangles along Federal Hi~hway. 2. 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 apphcable 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. Full drainage plans, including drainage calculations, in accordance with the LDR, Chapter 6 Article IV Section 5 will be re uired at the time of ermittin UTILITIES Comments: 3. 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 permit 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 4. 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. 6812 Canopy trees may be planted outside of the easement so that roots and branches will not ina act those utilities within the easement in the foreseeable COA revised 10/27/04 2 DEPARTMENTS INCLUDE REJECT future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utihty services, either in utility easements or public rights-of-way. 5. Palm Beach County Health Department permits will be required for the water and sewer systems serving this project (CODE, Section 26-12). 6. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m. (500 g.p.m, some residential developments) with 20 p.s.i, residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 7. The CODE, Section 26-34(E) requires that a capacity reservation fee 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 determmed based upon final meter size, or expected demand. 8. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable water. As other sources are readily available City water shall not be allowed for imgation. 9. 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. 10. Utility construction details will not be reviewed for construction acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application FIRE Comments: 11. Hydrants must flow a minimum of 1500gpm ~ 20psi over domestic use. These hydrants must be fully operational before construction can begin. 12. 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 6813 Access. 13. Fire Department access shall be maintained throughout construction. This COA revised 10/27/04 3 DEPARTMENTS INCLUDE REJECT includes any security gates. City Ordinance 9-3F. ~ ~ POLICE Comments: None BUILDING DMSION Corrffnents: 14. At time of permit review, submit signed and sealed working drawings of the proposed construction. 15. Add to thc building that is depicted on the drawing tiffed site plan and floor plan a labeled symbol that identifies the location of the handicap accessible entrance doors to the building. 2001 FBC, Sections 11-4.1.2, 11-4.1.3, and 11-4.3. 16. Add to the drawing the calculations that were used to identify the minimum number of required handicap accessible parking space/s. Also, state the code section that is applicable to the computations. 17. Identify within the site data the finish floor elevation (lowest floor elevation) that is proposed for the building. Verify that the proposed elevation is in comphance with regulations of the code by adding specifications to the site data that address the following issues: The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation __ NGVD is above the highest 100-year base flood elevation applicable }o the building site, as determined by the SFWMD's surface water management constructior development regulations." 18. As required by the CBBCO, Part 11I titled "Land Development Regulations", submit a site plan that clearly depicts the setback dimensions from each property line to the leading edge of the building/s. The leading edge of the building/s begins at the closest point of the overhang or canopy to the property line. In addition, show the distance between all the buildings on all sid?___._s. 19. Every exterior wall within 15 feet of a property line shall be equipped with a rovado enin rotectivesper2001FBC, Section 705.1.1.2. 20. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or structure 6814 shall be determined by the provisions of ASCE 7, Chapter 6, and the rovisions of 2001 FBC, Section 1606 ind Loads. Calculations that are COA revised 10/27/04 4 DEPARTMENTS INCLUDE REJECT signed and sealed by a design professional registered in the s~ate of Florida shall be submitted for review at the time of permit application. 21. 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. 22. 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. 23. At time of permit review, submit signed and sealed working drawings of the proposed construction. 24. 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. 25. 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 applieafion, F.S. 373.216. 26. 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) 27. At time of pernut review, submit a signed and sealed survey as required by CBB LDR, Chapter 2, Section 9. 28. 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. 29. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The name of the 6815 project as it appears on the Developmant Order must be noted on the building permit application at the time of application submittal. PARKS AND RECREATION COg. revised 10/27/04 5 CommenB:None DEPARTMENTS FORESTER/ENVIRONMENTALIST Comments: Ma of Bounda Surve sheet 13 total Existing Tree species; Live Oak (5), Palm (6), Almond tree (1), and Rubber tree (1). 30. The landscape plan does not indicate the trees that will be relocated, or removed / mitigate on-site. Therefore, at the time of permitting, the landscape plan (sheet L1 of 2) shall indicate thos.e trees that would be preserved, relocated, and removed / mitigated on the site. Also, the landscape plan tabular data should indicate the total caliper inches of existing trees proposed to be removed and show all caliper inches of replacement trees or 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: 31. The landscape plans should include a details sheet indicating by a line wher, the height, caliper ~ DBH, clear trunk, and gray wood area of the shade and will be measured at time of ~ection. 32. At the time of perrnitting, all shrubs specifications should indicate the height and 33. At the time of permitting, the applicant should show on Sheet L-1 an elevation cross-section detail of the actual heights of the proposed landscape trees and vegetation at the time of planting that will (proper scale) visually buffer the s fi.om the Federal ~~ 34. At the time of permitting, the proposed trees should be installed at a minimum height that will provide for tree canopies at the 25 '-35' height level along Federal Highway. These trees should be installed in an effort to break uP the expanse of the buildings. This design should visually obscure portions of the second story level of the buildings. The applicant should evaluate the trees design along the North, South, and West elevations shown on landscape sheet. PLANNING AND ZONING Commants: 35. On the site plan tabular data (sheet S-l), correctly indicate the proposed building setbacks. Also, indicate that the Land Use is "Local Retail Commercial_(L__R_C_~ and the zo~n_~s "Commuin___W Commercial" C-_~.~ INCLUDE REJECT 6816 COA revised 10/27/04 6 INCLUDE REJECT DEPARTMENTS ~ 36. 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 either one of the plans so that they are both consistent with each other. 37. The removal / relocation of.trees is subject to review and approval of the City Forester / Environmentali at. 38. On the landscape plan (sheet 1 of 1), ensure that the plant quantities must match between the tabular data and the graphic illustration. 39. Fifty percent (50%) of all site landscape materials must be native species (Chapter 7.5, Article II, Section 5.P). At the time of permitting, please categorize the plant material and quantify as follows: Shade trees, Palm trees, Shrubs & Groundcover. 40. The monument sign must be located at least 10 feet from the front (east) property line (Chapter 21, Article III, Section 5.). COMMUNITY REDEVELOPMENT AGNECY CONDITIONS: Comments: 41. None CITY COMMISSION CONDITIONS: Comments: 42. To be determined. mW elj S:\Planning\SHARED\WP\PROJECTS\Edward Medical Office\NWSP 04-012\COA revised.doc 6817 PROJECT NAME: APPLICANT: APPLICANT ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Edward Medical Office Building Mr. Hany Edward 2657 Northwest 29 Avenue Boca Raton, FL 33434 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 16, 2004 TYPE OF RELIEF SOUGHT: Request new site plan approval for the construction of a 11,796 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" A3-rACHED 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 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 DATED: ~ City Clerk S:~Planning~SHARED\WP~:~ROJECTStEdward Medical Offica\NWSP 04-012\DO.doc TO: FROM: THROUGH: DATE: PRO.]ECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANN?NG & ZONZNG DI'V~S~'ON MEMORANDUM NO. PZ 04-263 Chair and Members Community Redevelopment Agency Board and City Comm~ Dick Huds~r~, ¢ECP Senior Planner Hichael W. Rumpf'~'/ Director of= Planning and Zoning October 29, 2004 Bart Property LUAR 04-009 Amend the Future Land Use designation from High Density Residential to Special High Density Residential; and, Rezone the property from R-3 Multi-family Residential to PUD Planned Unit Development. Property Owner: Applicant/Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use; PRO3ECT DESCRZP'I'ZON BMVFL-1, [nc. Boynton Village, LLC/Cornerstone Premier Communities 1801 NE 4~ Street (Exhibit "A'3 +9.88 acres High Density Residential (10.8 dwelling units per acre [du/ac]) (Boynton Mobile Home Park) R-3 Multi-family Residential Special High Density Residential (20 du/ac) PUD Planned Unit Development Townhouse-style condominium community of 180 units 6819 Page 2 File Number: LUAR 0+009 Barr Property Adjacent Uses: North: Single-family residenUal development designated High Density Residential, Property to the northeast is zoned PUD Planned Unit Development; to the northwest the property is zoned R-3 Multi- family Residential, South: Developed property designated High Density Residential (HDR) and zoned R-3 Multi-family Residential (day care center and rental apartments). East: Rights-of-way of the Florida East Coast (FEC) Railroad and North Federal Highway, then developed property on the east side of Federal Highway, designated Local Retail Commercial and zoned C-3 Community Commercial. West: Right-of-way of NE 4m Street, then developed Multi-family residential (Boynton Bay) designated High Density Residential and zoned PUD Planned Unit Development. EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The request is consistent with relevant policies in the Comprehensive Plan and the adopted "Federal Hiqhway Corridor Community RedeveloDment Plan". 2. The redevelopment of the property is desirable; the proposed rezoning maintains the residential character of the area, and will provide an aesthetically pleasing living environment in proximity to the downtown. 3. The proposed development meets the standards expected when a Planned Unit Development is requested in the Special High Density Residential land use category. SI"TE PLAN/MASTER PLAN ANALYSIS It is a basic expectation that anyone requesUng the use of the Special High Density Residential land use category and PUD regulations will develop to standards that exceed the City's basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. To that end, all applications for rezoning to a PUD must be accompanied by a detailed master plan or site plan. Tn this instance, an application for site plan approval has been submitted and is being reviewed concurrent with this request. The Special High Density Residential land use category allows up to a maximum of 20 du/ac. In this instance, the applicant is proposing a development containing 180 units in a mixture of townhouses and fiats with an overall density of 18.2 du/ac. 6820 Page 3 File Number: LUAR 04-009 Bart Property The site plan proposes one (1) main point of entrance/egress from NE 4th Street. An emergency point of entrance/egress is shown also frown NE 4m Street would be used only when the main entrance is obstructed. The 180 dwelling units are proposed within 15 separate buildings arranged along a loop road within the 9.88-acre site. The number of units within the buildings ranges from eight (8) to 14 units. Two stacked condominium fiat units on each end flank two-story townhouse units in each building. Unit sizes range from 1,356 square feet to 1,879 square feet. The maximum height of the structures is 35 feet (3 stories), measured to peak of roof. The PUD zoning district regulations contain no constant minimum setback requirements, requiring however, that setbacks mirror setbacks of adjacent development. The site plan shows a setback of 40 feet from NE 4m Street and 20 feet from all other property lines. These setbacks are consistent with those of adjacent development. A recreation area is proposed for the center of the development, surrounded by the residential buildings on all sides. This area contains a clubhouse with 1,838 square feet under air, a swimming pool, tot-lot and a passive green area. A five (5) foot high aluminum fence will surround the recreation area. Staff has recommended approval of the site plan. Chapter 163.3187, Florida Statutes states the requirements for small-scale Comprehensive Plan map amendments. The proposed amendment must involve a use of fewer than ten (10) acres and a residential use must have a density of ten (10) units or less in density, unless the subject property is located in an area designated for urban infill, urban redevelopment, or downtown revitalization. The parcels, which are the subject of this land use amendment, total 9.88 acres. Even though the requested density is greater than 10 du/ac, it is located within a recognized redevelopment area. Because of this and the size of the property under consideration, the amendment qualifies 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, Admini~b'on and Enforcement, Item C. Comprehensive P/an Amendments: £ezon/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. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not 1lin/ted to, a prohibib'on against any increase in dwelling unit density exceeding 50 in the hurricane evacuab'on zone without written approval of the Palm Beach County Emergency Plannlng DMsion and the City's risk manager. The planning department shall also recommend Iimitabbns or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. 6821 Page 4 File Number: LUAR 04-009 Barr Property The property is not located within the hurricane evacuation zone. In addition, the proposed townhouse project will replace an antiquated mobile I1ome park with residences that are less vulnerable to the effects of tropical storms than older mObile homes since they must meet minimum standards for High Velocity Hurricane Zones as required by the Florida Building Code. The criteria for assigning the Special High Density Residential land use category are found in Policy 1,16,1 of the Future Land Use Element: "This/and use category shall consist of redevelopment and infill residential areas assigned to this land use category in the portion of the designated Community Redevelopment Area identified as Planning Area Z and Planning Area V in the "Federal Highway Corridor Community Redevelopment P/an'; adopted on May 1~, 2001," The proposed redevelopment residential project is located in Planning Area I, as defined in the above-cited redevelopment plan, and therefore meets the criteria for consideration of the land use amendment. Other policies contained in the Comprehensive Plan that are applicable include: Po#o/1.19.1 The City shall continue efforts to encourage a full range of housing choices, by a#ow/ng densib'es which can accommodate the approximate number and type of dwd/ings for which the demand has been projected in the Housing and Future Land Use Elements, including the prevision of adequate sites for housing very-low, /ow; and moderate income households and for mobile homes; Poi/o/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, particularly in the Coastal Area; and, The requested land use amendment and rezoning are consistent with both policies. Tn addition, they are consistent with the following strategies for Planning Area I, as stated in the "Federal Highway Corridor Community Redevelopment Plan": Encourage a variety of bousJn§, Develop intensity standards that allow for a variety of housing sty/es and types at intensities that will assist in supporting the downtown area and general economic expansion; and, Require a transJtJon to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transit/on to the gateway communities, Building sca/e, massing and placement should be/ess intense than that of the adjacent planning areas, but substanti'a/ enough to announce an arrival in the City. b, Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated d/strict unrelated to adjacent and nearby 6822 Page 5 File Number: LUAR 0,t-009 Barr Property districts, or would constitute a grant of special pdwlege to an individual property owner as contrasted with the proteddon of.. the public welfare. The requested land use amendment and rezoning will promote efficient use of the subject property. The property's location within both the Community Redevelopment Area and Planning Area T Of the Federal Highway Corridor suggests that the requested increase in density is appropriate for the area. Adjacent properties lying north, west and south of the subject property are designated for high density residential uses, and while the requested density is greater than that of the surrounding development, it is consistent with the transition in uses recommended in the Federal Highway Corridor Community Redevelopment Plan. c. Whether changed or changing condibbns make the proposed rezoning desirable. The property is currently developed with an aging mobile home park. The redevelopment of the property is desirable. The proposed rezoning maintains the residential character of the area, and will prOvide an aesthetically pleasing living env ronment in proximity to the downtown. ' c. Whether the proposed use would be compatible with ublity systems, roadways, and other public fac/liEes. Projected utility systems demands, traffic generation and public school impact were provided by the applicant and are shown below. Existing Land Use 110 mobile 249 41,140 gpd 55 peak hr. (A~ual) Mobile Home Par~ hom~ ~ns 33,000 g~ ~rips Middle~ ...... Hi~h=7 HDR maximum potential 106 du 242 39,6~ g~ 57 peak hr. Elem=8 -' ~emons 31,800 g~ trips Middle=4 High=6 Propos~ ~nd Use (SHDR) 197 du ~7 73,678 g~ 106 p~k Elem=16 )emons 59,100 gpd hr. trips Hiddle=8 Propos~ Development 180 du 409 67,320 gpd 97 ~ak hr. Elem=14 ~r~ns 54,000 g~ trips Hlddle=7 ~ 2.27 Pemons Der du=awr~no h~,,~k~ ..... ,.~, .......... J ~High=11 population per 2000 census 2 Demands: Water=347 gpd per unit Sewer=300 gpd per unit 3 Peak Hour Trip Rates: Townhouse=0.54 Hobile Home=0.59 The subject property, located east of Znterstate-95, is in the Coastal Residential Exception Area, and is therefore not subject to the Palm Beach County Traffic Performance Standards. The 6823 Page 6 File Number: LUAR 04-009 Barr Property traffic statement provided by the applicant meets the requirements of Palm Beach County by showing both daily trip generation rates and AM and PM peak hour trip generation characteristics. The Utilities Department indicates that sufficient capacity for potable water and sanitary sewer exists to serve the development. 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. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. The City's Police Department has indicated that service demands of the requested development will be no greater than those currenUy experienced by the present use. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. e. Whether the proposed rezoning would be compo~'ble with the current and future use of adjacent and nearby properS'es, or would affect the property values of adjacent or nearby properties. The proposed rezoning to PUD is compatible with al~utting development. The project is separated from properties to the east by rights-of-way and development standards of the PUD district require that setbacks of adjacent developments be mirrored in the site plan for the development. f. Whether the property is physically and economically developable under the existing zoning. The property is currently used as a mobile home park. It could be redeveloped under the existing land use designation and zoning, which allows a maximum residential density of ~t0.8 du/ac. The additional density will enable an economically viable redevelopment project, with units priced lower than the units currently being built in the Federal Highway corridor, thereby conforming to the Comprehensive Plan policy calling for a full range of housing opportunities for residents of the City. g. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the dty as a whole. The property is less than 10 acres in size, but has a linear configuration stretching more than 1,000 feet along the Federal Highway/FEC corridor and is highly visible from Federal Highway. The aesthetic quality of the proposed redevelopment project will greatly improve impacts of the property on the property on the corridor, which is viewed as a gatway into the downtown and is targeted for aesthetic improvements. The requested land use amendment and rezoning will facilitate the redevelopment of the antiquated mobile home park in a manner consistent with the "Federal Hiqhway Corridor Community Redevelooment Plan". h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is a/ready a/lowed. In accordance with the definition of the Special High Density ReddenO'alland use designation in Policy 1.16.1 of the Future Land Use Element, residenUal densities of 20 alu/ac are permitted in 6824 Page 7 File Number: LUAR 04-009 Barr Property 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 alu/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/RECOM MENDAI-~Oi~ As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that cannot be provided; 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, l'f the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "B". A1-FACHMENTS 6825 Barr Amendment LUAR 04-009 Location Map EXHIBIT A LEGEND: LDR - Low Density Residential HDR - High Density Residential SHDR - Special High Density Residential REC - Recreation LRC - Local Retail Commercial 6826 360 18~ 0 360 Feet N TO: THRU: FROM: DATE: PRO.]ECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNZNG AND ZONZNG DZVZSZON MEMORANDUM NO. PZ 04-258 STAFF REPORT Chair and Members Community Redevelopment Agency Board and City Commission Michael Rumpf Planning and Zoning Director Eric Lee Johnson, AICP ~ Planner November 3, 2004 Barr Property / NWSP 04-013 New Site Plan Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: PRO3ECT DESCR/PTTON Boynton Village, LLC. Boynton Village, LLC. Mr..lohn Bart / The Cornerstone Group, Incorporated On the east side of Northeast 4th Street, approximately 850 feet south of Gateway Boulevard (180! Northeast 4~h Street / se~ /n~, M~ Exhibit "A") ............. ~ - High Density Residential (!0.8 dwelling units per acre [du/ac]) (Boynton Mobile Home Park) Multi-family Residential (R-3) Special High Density Residential (SHDR - 20 du/ac) Planned Unit Development (PUD) 180 townhouse units 9.888 acres (430,728 square feet) 6827 Single-family development designated High Density Residential (HDR) and zoned Multi-family Residential (R-3). To the northeast is designated High Density Residential and zoned Planned Unit Development (PUD); Staff Report -Barr Property (NWSP 04-013) Memorandum No PZ 04-258 Page 2 South: Southwest is developed commercial (Youthland Academy of Boynton Beach) designated High Density Residential (HDR) and zoned Multi-family Residential (R-3); southeast is developed residential (Florida Four Seasons Manor ACLF) designated High Density Residential (HDR) and zoned Hulti- family ResidenUal (R-3); East: Rights-of-way for the Florida East Coast (FEC) Railroad and North Federal Highway; and West: Right-of-way for Northeast 4.t~ Street, then farther west is developed Multi-family residential (4- Sea Suns Condominiums) designated High Density ResidenUal (HDR) and zoned Planned Unit Development (PUD). PROPERTY OWNER NOT~FICATZON Owners of properties within 4-00 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. Site Characteristic: The subject site is comprised of multiple lots, resulting in an irregularly-shaped parcel, which totals nearly 10 acres. The parcel is located on the east side of Northeast 4t~ Street and directly west of the Flodda East Coast Railroad tracks. The property is currently developed with 110 mobile homes and their respective parking areas, however, only 94 of them are licensed. As indicated on the survey, a 12-foot wide FP&L easement traverses the center of the property, in a north-south direction. Also, the survey shows the locations of fences (along the property perimeters), the one (1) story clubhouse / swimming pool area and a boat storage area. The letter streets (i.e. "B" Street through "G" Street) are not platted rights- of-way and therefore, would not require abandonment. The highest ground elevation (15 feet) occurs along the west property line, at the northwest corner of the property. Proposal: Mr. John Bart, representative for Boynton Village, LLC, is proposing a new site plan for 180 townhouse units. The townhouses units would not be fee-simple. Approval of this project is contingent upon the approval of the corresponding request for land use change and rezoning (LUAR 0409-009). Townhouses are permitted uses in the PUD zoning district. Under the Special High Density ResidenUal land use category, the maximum allowable project density would consist of 197 dwelling units (density at 20 dwelling units per acre). The project proposes a total of 180 dwelling units, which equals a density of 18 dwelling units per acre. The entire project would be built in one (1) phase. 68~$ Staff Report -Barr Property (NWSP 04-013) Memorandum No PZ 04-258 Page 3 Concurrency: Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division has determined that the proposed residenUal project is located within the designated Coastal Residential Exception Areas of the county, and therefore meets the Traffic Performance Standards of Palm Beach County. However, the applicant provided a traffic analysis based on only 152 units, not 180 units. Therefore, an updated traffic analysis Is required and must be approved by the County prior to the issuance of any building permits (see Exhibit "C" - CondiUons of Approval). Furthermore, no building permits are to be issued by the City, after the 2007 build-out date. The County traffic concurrency approval Is subject to the Project AggregaU0n Rules set forth in the Traffic Performance Standards Ordinance. Utilities: The City of Boynton Beach is proceeding with plans for the purchase of surplus potable water from Palm Beach County UtiliUes, via existing interconnection points, to supplement its current capacity. This purchase agreement will be in effect within a few months and will provide sufficient capacity to serve this project as it relates to potable water. Sufficient sanitary sewer and wastewater capacity is currently available to serve this project, subject to the applicant making a firm reservation of capacity, following approval of the site plan. Police / Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at Ume of building permit (see Exhibit "C" - Conditions of Approval). Driveways: School: The School District of Palm Beach County has reviewed the request and determined that adequate capacity exists to accommodate 152 dwelling units. However, the School District was not given complete information. Therefore, prior to the issuance of any building permits, the School District must approve the project for 180 dwelling units (see Exhibit "C" - Conditions of Approval). The project proposes one main (1) point of ingress / egress to the subject site. This point would be located on Northeast 4~ Street. The site plan (sheet SP1) shows that each lane for Ingress and egress would be 11 feet In width. This egress lane would allow for both right and left (north and south) turning movements on Northeast 4~ Street. It should be noted that another access point Is also proposed along Northeast ~? Street. However, this alternate access point would only be used for emergency vehicles In case the main point of ingress / egress is obstructed. 6829 Staff Report -Barr Property (NWSP 04-013) Memorandum No PZ 04-258 Page 4 The surface of this access point wo~ld be comprised of stabilized sod. To prevent vehicles from entering or exiUng, it would be gated and secured with a Knox Box (see Exhibit"C'- Conditions of Approval). No residents or guests would be able to use this alternate entry / exit on Northeast 4m Street. The private streets, internal to the development, would conform to current engineering standards. The street pavement would be 24 feet in width, not including the 2-foot wide valley-gutters and 4-foot wide grassy swale areas. All internal roadways would accommodate two (2) -way traffic movements. Parking Facility: L~ndscaping: Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per unit. The project proposes a mix of two (2) and three (3) bedroom units for a total of 180 dwelling units. A recreation / clubhouse area is also proposed. Therefore, based on the above referenced number of units and the amenity, the project requlres a total of 365 parking spaces. The site plan shows that each unit would have a one (1)-car garage, which would thus equate to 180 parking spaces, in addition, each unit would have enough room to park one (1) vehicle in the driveway (itemized as "tandem parking" on the site plan tabular data), which in turn, would equate to another180 parking spaces. Finally, the plan proposes 38 off-street parking spaces. Combined, the site plan would provide for a total of 398 parking spaces or an excess of 33 parking spaces. According to the Typical Handicapped & Standard Parking Detail, the 90-degree parking stalls would be dimensioned nine (9) feet in width by 18-feet in length. The handicap parking spaces would be dimensioned 12 feet in width (with an extra 5-feet of striping) and 18 feet in length. The Tree Disposition Plan (sheet TD-2) indicates that there are a total of 188 existing trees on-site. The plan indicates that 155 trees would be removed and mitigated; the remaining trees would be relocated. The tree species to be relocated would be the following: Sabal palm, Frangipani, Coconut palm, Queen palm, Gumbo Limbo, Christmas palm, Royal Poinciana, and Royal palm. According to the site plan tabular data (sheet SP1), the proposed pervious area would equal 3.6 acres or 33.43% of the site. The Plant List (sheet L-2) indicates that 381 of the 494 trees (77%) of the trees would be native while 3,427 of the 4,241 or 80% of the shrubs would be native. Likewise, 2,090 or 5:~.3% of the 4,071-groundcover plants would be native. This meets the intent of Chapter 7.5, Article II, Section 5.P of the Land Development Regulations. The site plan (sheet SP1) shows that the western landscape buffer would be 40 feet in width. The Northeast 4t~ Street Landscape Elevations (L-4) show that a five (5) foot high perimeter fence (with 6-foot high decorative columns) is proposed within this buffer, which would be Installed close to and running parallel with the west property line. The perimeter plantings along the fence and property line would include staggered rows of Live Oak and Satlnleaf shade trees. The Satinleaf would be 12 feet in height at the time of installation; the Live Oak trees would be 14 feet in height at the time of installation. A row of Redtip Cocoplum hedges and Beach Dune Sunflower p'.-nts would be installed along the outside of the fence. Simpson Stopper trees are ~,='-G-~l~osed within this east landscape buffer, to be Staff Report -Barr Property (NWSP 04~013) Memorandum No PZ 04-258 Page 5 Building and Site: installed on the inside of the fencei' The development's front entrance (shown on sheet L-3) would be heavily landscaped with an array of trees, hedges, and groundcover. The plant material wOuld include the following: 440 Imperial Blue Plumbago, 40 Redtip Cocoplum, 20 Cardboard Zamia, 160 Blueberry Flax Lily, seven (7) Hibiscus trees, six (6) Ligustrum trees, four (4) Purple Glory trees, six (6) Montgomery palm trees, and eight (8) Royal palm trees. The width of the south side landscape buffer would vary. It would be approximately three and one-half (3-1/2) feet in width at its narrowest point but 20 feet in width at its widest point. The landscape plan (sheet L-2) shows that a row of Gumbo Limbo trees and Redtip Cocoplum hedges are proposed within the entire buffer. Three (3) Uve Oak trees are proposed at the southwest corner of the property. Staff recommends that the species be switched so that three (3) Gumbo Limbo trees are proposed at the southwest corner of the property and that the Uve Oaks are proposed in a row within the length of the buffer (see Exhibit "C' - Conditions of Approval). The rear (east) landscape buffer, adjacent to the railroad tracks would be 20 feet in width. This buffer would Include a six (6) foot high C.B.S. wall, a row of Redtip Cocoplum hedges (installed on the inside of the wall), and a row of Green Buttonwood trees. The Green Buttonwood trees would be installed 20 feet apart, which exceeds the minimum code requirement. The side (north) landscape buffer would be 20 feet in width. This buffer would include a six (6) foot high C.B.S. wall, a row of Firebush, and a row of Gumbo Limbo trees (installed on the inside of the wall). The Typical Landscape Plans for each building (sheet TU-1) show that Ixora Nora Grant shrubs and Montgomery palm trees would be placed in front of each building. RedUp Cocoplum hedges would be placed along the sides and rear of the buildings, in particular, in those areas to help screen the at-grade air conditioning units. As previously mentioned, the applicant is requesting to rezone the property to the PUD zoning district with a density of 18 dwelling units per acre. The maximum density allowed by Special High Density Residential land use classification is 20 dwelling units per acre. The 180 dwelling units are proposed within 15 separate buildings on the 9.88-acre site. Each building would contain a varying number of dwelling units, ranging from eight (8) units to 14 units. The unit plans (sheet A. 13.0 through sheet A. 16.0) show the size of each unit, ranging from 1,356 square feet to 1,879 square feet of "under roof area". The PUD zoning district allows buildings to reach a maximum height of 45 feet, however, a lesser height could be imposed if compatibility with the adjacent properties would be In Jeopardy. The project proposes four (4) types of buildings, all of which, would be 3-stories tall. These buildings would be slightly over 35 feet 6831 Staff Report -Barr Property (NWSP 04-013) Memorandum No PZ 04-258 Page 6 Design: $ignage: in height, measured at the peak of the pitched roof. The elevations do not indicate the dimension for the mean-height level of the roof. The PUD zoning district contains no minimum building setback requirement. As previously mentioned, the site plan (sheet SP1) shows a 40-foot wide (building) setback from Northeast 4th Street (front) and a 20-foot wide setback from the east property line (rear), north (side), and south (side) property lines. These proposed setbacks are consistent with the existing setbacks within the surrounding neighborhoods. Each unit owner would be allowed to have a concrete patio in the rear yard. The note on the site plan tabular data (sheet $p1) indicates "no screen enclosures are permitted in this project". Nothing would be allowed outside the building envelope. Any such future proposal to have them extend farther than the building envelope would require a master plan modification. However, a six (6) foot high by slx (6) foot long masonry wall would be placed at the rear of each unit to provide for extra privacy between units. The recreation area would be located at the center of the development, flanked by the townhouse buildings on all sides. It would include a clubhouse, swimming pool, park, and tot-lot area. The clubhouse elevation (sheet A-17) shOws that the peak of the roof would be 24 feet - 10 inches In height. A five (5) foot high aluminum fence would surround the entire pool area. Thls would be the same type of fence that is proposed along the west property line. A masonry wall, slx (6) feet in height would be placed along the entire north, south, and east property lines The proposed buildings and clubhouse resemble a modern design with textured stucco finish, decoraUve shutters, and fiat roof tile. The exterior walls of the townhouse and recreaUon building would be multi-colored consisting of the following Benjamin IVloore paints: Base Color 1 - Pale Straw 2021-70, Base Color 2 - Peach Sorbet 2015-40, Shutters and Railings - Hidnight Navy 2063-10m, Accent Color I and Outriggers - Chantilly Lace 2121-70. The plans propose one (1) type of outdoor freestanding lighting fixture. However, the photometric plan detail (sheet PHi) illustrates the light pole but does not include its dimensions, exterior finish, or color. One characteristic of this project deserving special recognition is the amount and allocation of the green / open space. This serves as an example of providing an aggregate, usable recreational space area. The Project Wall Sign detail (sheet A-18) shows that a 32-square foot subdivision sign would be located on the entry walls located along Northeast 4t~ Street. The detail Indicates the lettering style would be bronze Times New Roman lettering style. 6832 Staff Report -Barr Property (NWSP 04-013) Memorandum No PZ 04-258 Page 7 Staff has reviewed this request for new site plan approval and is recommending approval of the site plan, contingent upon the successful request for land use amendment / rezoning (LUAR 04-009) and subject to 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:\PIanning\SHARED\WP\PROJECTS\Barr Property\NWSP 04-013\Staff Report. doc 6833 BARR PROPERTY NWSP 04-01 Location Map 23rd Avenue SHDR ' REC HDR DR LEGEND: LDR- Low Density Residential HDR - High Density Residential SHDR - Special High Density Residential REC - Recreation LRC - Local Retail Commercial .ES LRC 360 t80 0 6834 360 Feet N ~.~', 'i' ::~::::~:~ ............... ::: EAST BOYNTON VILLA6E mE CORNERSTONE GROUP '~ ~il~Lf~_lt~qF, JBEngtn~enng, Inc. Ia~'~, ,.~, ~t~,, 2121 PONCE BI: LEON etyn CORAL GABLES, FL 33162 i iiii i EXHIBIT "B" 6836 EXHIBIT "B" EXHIBIT "B" ~&Bj~ 6840 Il'- EAST BOYNTON VILLAGE 1801 NE 4th Street BOYNTON BEACH, FL. 33435 THE CORNERSTONE GROUP 2121 Ponce de Leon Blvd., Ph Il J~J~ JFS Des gn nc~. EXHIBIT "B" 6841 EAST BOYNTON VILLAGE 1801 NE 4th Street BOYNTON BEACH, FL. 33435 THE CORNERSTONE GROUP 2121 Ponce de Leon Blvd., Ph Ii EAST BOYNTON VILLAGE 1801 NE 4th Street BOYNTON BEACH, FL. 33435 THE CORNERSTONE GROUP 2121 Ponce de Leon Bivd,, Ph II Coral Gables. F~orida EXHIBIT "C" Conditions of Approval Project name: Barr Property File number: NWSP 04-013 Reference: 3ra review nlans identified as a New Site Plan with an October 12, 2004 Plannin?. and Zonin~ Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic Comments: None ENGINEERING DMSION Comments: 1. Complete drainage plans, including drainage calculations in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 2. 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 "Enghaeering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit apphcation. UTILITIES Comments: 3. Palm Beach County Health Department permits will be required for the water and sewer systems serving this project (CODE, Section 26-12). 4. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m. (500 g.p.m, some residential developments) with 20 p.s.i, residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-1 5. The CODE, Section 26-34(E) requires that a capacity reservation fee 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 6843 final meter size, or expected demand. 6. A building permit for this prqject shall not be issued until this Department has COA 11/03/04 DEPARTMENTS INCLUDE REJECT approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 7. Utility construction details will not be reviewed for construction acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: 8. All portions of this project shall be accessible by the Fire Department from the time of first construction, per City Ordinance 9-14. This includes the installation of a Knox Box at the alternate point of emergency vehicle ingress / egxess. 9. All roads shall be capable of withstanding the weight of Fire Department vehicles and shall be kept clear at all times. 10. All hydrants shall be wet before construction begins in the area covered by that hydrant. i 1. The site address shall be posted in contrasting six (6) inch high letters. The address shall be visible from the road way at all times. The address shall be posted before construction be~/ns. POLICE Comments: None BUILDING DMSION Comments: 12. At time of permit review, submit signed and sealed working drawings of the proposed construcQon. 13. A iron, mum of 2% of thc total parking spaces provided for the dwelling units covered under the Fair Housing Act shall be accessible and comply with the requirements of the act. Accessible parking spaces shall be equally distributed for each type of parking provided, e.g. surface parking, parking structures, 6844 etc. per Title 24 CFR, Part 100.205. 14. At the time of permit review, submit details of reinforcement of walls for the future installation of grab bars as required by the Federal Fair Housing Act Title 24 CFR, Part 100.205; Section 3, Requirement #6. All bathrooms within COA 11/03/04 DEPARTMENTg ~ INCLUDE REJECT ] the covered dwelling unit shall comply. 15. Add to the drawing the calculations that were used to identify the minimum number of required handicap accessible parking space/s. Also, state the code section that is applicable to the computations. 16. Add a labeled symbol to the site plan drawing that represents and delineates the path of travel for the accessible route that is required between the accessible units and the recreational amenities that are provided for the project and other common area elements located at the site. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings required to be installed along the path. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parking vehicles.. Identify on the plan the width of the accessible route. 0',lore: The minimum width required by the Code is 44 inches). Add text that would indicate that the symbol represents the accessible route and the route is designed in compliance with regulations specified in the Fair Housing Act. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the 2001 FBC. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. 17. Identify within the site data the finish floor elevation (lowest floor elevation) that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: a. The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." b. From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. c. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 18. To properly determine the impact fees that will be assessed for the one-story pool/clubhouse/reereation building/lease office, provide the following: a. Will the pool/clubhouse/recreation building be restricted to the residents of the entire project only? b. Will the residents have to cross any major roads or thoroughfares to get to 6845 the pool/clubhouse/reereation building? c. Will there be any additional deliveries to the site? COA 11/03/04 4 DEPARTMENT~ INCLUDE REJECT d. Will there be any additional employees to maintain and provide service to the site? Please have the apphcant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the pool/clubhouse/recreation building/lease office. 19. 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. 20. If capital facihty 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. a. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. b. The number of dwelling units in each building. c. The number of bedrooms in each dwelling unit. d. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article fi, Sections 26-34) 21. At time of permit review, submit separate surveys of each lot, parcel or tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 22. At time of building permit apphcation, submit verification that the City of Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: a. A legal description of the land. b. The full name of the project as it appears on the Development Order and the Commission-approved site plan. c. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. d. The number of dwelling units in each building. e. The total amount being paid. 6846 (CBBCO, Chapter 1, Article V, Section 3(f)) 23. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. COA 11/03/04 DEPARTMENTS ~ INCLUDE REYECT 24. At the time of permitting, show the proposed site lighting on the site and landscape plans. PARKS AND RECREATION Comments: 25. The development is comprised of 180 single-family attached units. The Recreation and Parks Facilities impact Fee is computed as follows: 180 single -family attached units ~ $771 ea. = $138,780 26. The developer should add bike racks adjacent to the recreation amenities. FORESTER/ENVIRONMENTALIST Comments: 27. Irrigation Plan The irrigation design should be low-flow for water conservation. All shade and palm trees should receive irrigation from a bubbler source (Chapter 7.5, Article II 8cc. SA). 28. Turf areas should be limited in size. Landscape (bedding plants) areas should be designed on separate low-flow zones with proper time duration for water conservation (Chapter 7.5, Article II Section 5. C.2.). PLANNING AND ZONING Comments: 29. Approval of this site plan is contingent upon the accompanying request for land use amendment / rezoning (LUAR 04-009). This includes the proposed project density. On the site plan (sheet SP1) tabular data, indicate the project's proposed density. 30. A unity of title may be required. The Building Division of the Depamnent of Development will determine its applicability. 31. At the time of permitting, the traffic impact analysis must be revised to indicate 180 townhouse units. The County must approve the analysis prior to 6847 the issuance of any building permits. No building permits are to be issued by the city, after the 2007 build-out date. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. COA 11/03/04 6 DEPARTMENTS , INCLUDE REJECT 32. Tl~e School District of Palm Beach County approved the project for 152 dwelling units for school concurrency but 180 are proposed. At the time of permitting, the School District of Palm Beach County must approve a total of 180 dwelling units. A revised approval letter (from the County) would be required prior to the issuance of any building permits. 33. The detail of the typical freestanding outdoor lighting fixture should include the overall height, exterior finish, materials used (i.e. concrete or aluminum) and color(s). The placement of these 34. On the landscape plan, ensure that the plant quantities must match between the tabular data and the graphic illustration. 35. All trees, if proposed as trees, must be at least 12 feet in height and three (3) caliper inches at the time of their installation (Chapter 7.5, Article II, Section S.C.2.). 36. The landscape plan (sheet L-2) shows that a row of Gumbo Limbo trees and Redtip Cocoplum hedges are proposed within the south landscape buffer. Also, three (3) Live Oak trees are proposed at the southwest comer of the property. Staff recommends that the species be switched so that three (3) Cmrnbo Limbo trees are proposed at the southwest comer of the property and that the Live Oaks are proposed in a row within the length of the buffer. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS: Comments: 37. To be determined. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 38. To be determined. mV elj S:\Planning\SHARED\WPV=ROJECTS\Barr Propert~NWSP 04-013\COA,doc 6848 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Barr Property APPLICANT: Mr. John Bart / The Cornerstone Group, Incorporated APPLICANT'S ADDRESS: 2121 Ponce de Leon Boule~vard Penthouse Coral Gable, Florida 33134 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 16, 2004 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 180 townhouse units on 9.888 acres in the PUD zoning district. LOCATION OF PROPERTY: 1801 Northeast 4th 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 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 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 DATED: 6849 City Clerk VII. Director's Report Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 6850 The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. MEMO To: From: Date: Subject: CRA Board Douglas Hutchinson November 9, 2004 CRA Activities · Way-Finding Signage Program - Staff has been workin.q with Paul Kellner of Guidance Pathwaysr Inc., on the permittinE issues. SV Design Guidelines Overlays - The document has been given back to RMPK Group for their next revision. We are now workin.q with City Staff to move throu.qh the Mixed-Use issue. DH Museum Feasibility Study Team - Final study is not here. An Executive Summary has been distributed the CRA Board Members and the City. DH CRA Office Space - I have explored office proiects that are in the planning stage, and are on target for completion in the next 18 to 24 months. This is the time frame we will have to move for redevelopment. Our space needs are for 2,500 tn 3,000 sq. ft. for offices, filing, display and meeting rooms. Thi.~ area will allow the CRA to efficiently operate and provide a workshop meeting room. This replaces the need for the CRA to search for meeting space at the Library, Women's Club, Senior Center, etc. There are three projects; one being J. Hasner's Project on Boynton Beach Blvd. This is a three story mixed use project with retail/office on the first and second floors. The third floor is Residential condos. The proiect contains about 8,000 sq. ft. The space can be custom built to our specs (as with all three proiect sites). Elevations and final site plan are underway now. 6851 This building will be at the "Gateway" to the CRA Area. This is a very good location and sets the standard for quality projects in this important corridor. The second project is by Larry Finkelstein in the Heart of Boynton. The site is on Seacrest, south of MLK. This proiect has several advantages due to its pioneering construction in the area. It re-inforces the CRA's commitment to the HOB area and concept. This will set the quality sou.qht after for projects and leads the way for Redevelopment of the Phase 1 area on MLK. The proiect is a one story office buildin.q containinq 6~000 sq. ft. The site plan features a buildin.q placed to the front of the lot to better relate to Seacrest. The third building is the Schnars Buildin.q on Federal at 9th. This three story building is retail and office space. It has full site plan approval and it is looking for a second lead tenant or buyer to make the project feasible. This project is the furthest in the Planning Stage. The proiect is one of the best looking buildings that have come to the CRA. All three projects' information is included as well as a map showing each project site. All of these are multi-tenant projects so our efforts have a multiplied effect on the proiects. I believe that the CRA's commitment to one of these projects will trigger the others to move forward~ and establish Boynton's new small scale office market. I do not recommend a stand alone project and all of these are ready to go "Turn key" which is the best logistics for the CRA. Each has the potential for lease/purchase to maximize CRA funds and opportunities. The projected rental rates and/or purchase prices are almost exactly the same although none are related to each other. I look for direction to negotiate for office space with purchase option at one of these sites. Genesis Business Program - Fourteen Candidates were selected to participate in the first year of the pro,qram, Each Business has been ass~qned to a mentor and the mentors have instruction to begin the assessment phase of the program. FAU is in the process of selecting the interns that will be workin.q with the proFIram and Both Wachovia and Comerica banks are considering sponsorship of the pro.qram. AG 6852 Business Development Fair- This event took place on October 28th at the City Library. The event was a monumental success. Approximately 200 =eople at~ended to view and network with the the .qroup of twenty-one vendors made up of Developers, lendin.q institutions, small business assistance ,qroups and other related industry or.qanizations. The feed back from the public was extremely positive. AG · "State-of-the-CRA" Recognition Event: The Event has been Rescheduled for November 12th AG. · Land Development Regulation (LDR) . LDR re-write will be by the City of Boynton Beach Staff and the CRA. DH · Grants Update Delray-Boynton Academy is requestin.q an extension on their Facade Grant due to 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 progressing with their building. The parking and landscaping will be started soon. · City Commission Actions - Ratification of CRA Action Gateway Shell (COUS 03-007) Approved Beril Kruger, Planning & Zoning Consultants Suau Enterprises, Incorporated 2360 North Federal Highway Request for conditional use / major site plan modification approval for a 681 square foot building addition to an existing gas station / convenience store on a 0.48-acre parcel in the C-3 zoning district. Gateway Shell (ZNCV 03-010 to 03-Approved Beril Kruger of Beril Kruger Planning & Zoning Consultants Suau Enterprises, Incorporated 2360 North Federal Highway Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(1 ) requiring parking lot driveways to be located 120 feet from the intersection of the right-of-way lines along streets of higher classification to allow a 97-foot variance, resulting in a distance of 23 feet, and to allow an 88-foot variance for a second driveway, resulting in a distance of 32 feet from the intersection of Federal Highway and Las Palmas Avenue for an existing gas station business; Request for relief from the City of Boynton Beach 6853 Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(3) requiring that driveways shall not be located less than thirty (30) feet from any interior property line to allow a 10-foot variance, resulting in a distance of 20 feet for an existing gas station business; Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.d.(4) requiring that driveways will be limited to one (1) per street frontage to allow two (2) driveways along the street frontage for an existing gas station business. Gateway Shell (ZNCV 03-013)Approved Beril Kruger of Beril Kruger Planning & Zoning Consultants Suau Enterprises, Incorporated 2360 North Federal Highway Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (3) requiring a twenty (20) foot rear setback to allow a 10-foot variance, resulting in a rear setback of 10 feet for an addition to an existing gas station. Gateway Shell (ZNCV 03-014 and ZNCV 03-0~5) Approved Beril Kruger of Beril Kruger Planning & Zoning Consultants Suau Enterprises, incorporated 2360 North Federal Highway Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (a) requiring that no canopy shall be located less than twenty (20) feet from any property line to allow a 10.5-foot variance, resulting in a distance of nine (9) feet - six (6) inches for an existing canopy for a gas station business; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.e. (b) requiring that no gasoline pump island shall be located less than thirty (30) feet from any property line to allow a 10.2-foot variance, resulting in a distance of 19.8 feet for an existing gasoline pump island for a gas station business. Gateway Shell (ZNCV 03-016 and ZNCV 03-0~7) Approved Beril Kruger of Beril Kruger Planning & Zoning Consultants Suau Enterprises, Incorporated 2360 North Federal Highway Request for relief from the City of Boynton Beach Land development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.F. (1) requiring a ten (10) foot wide landscape buffer along the street frontage to include one tree ten (10) to 6854 fifteen (15) feet in height with a minimum three-inch caliper every forty (40) feet, a continuous hedge twenty-four (24) inches high, ~wenty-four (24) inches on center at time of planting with flowering groundcover to allow a variance of 10 feet, resulting in a zero (0) landscape buffer along the street frontage for an existing gas station building; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations L.3.f.(2)(a) requiring a ten (10)foot wide landscape buffer on all interior property lines to allow a variance of eight (6) feet - six (6) inches, resulting in a one(l) foot - six (6) inch landscape buffer for an existing gas station business. Gateway Shell (ZNCV 03-023) Approved Beril Kruger of Beril Kruger Planning & Zoning Consultants Suau Enterprises, Incorporated 2360 North Federal Highway Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21, Signs, Article Ill. Section 5 requiring that all signs must meet a minimum ten (10) foot setback from the property line to the closest surface of the sign to allow a five (5) foot variance from the property line, resulting in a five (5) foot setback for an existing gas station business. Sunbelt Hydraulics (SPTE 04-O08)Approved Joseph Houston, Kerns Construction, Inc. C & C Realty Investments Lot 9 West Industrial Avenue Request for a second one (1) year time extension of the site plan approval originally granted on August 6, 2003, from August 6, 2004 to August 6, 2005. Trolley Update - Plans for the trolley are on the way. Staff has taken steps as outlined by the purchasing policy to identify and select a marketing firm that will spearhead the rollout of the program. November public meeting November 13th, 2004. SV · Police Activity Report. Please find attached. Sr. · Web Site Activity Report- September and October Attached AG 6855 GENERAL CONTRACTOR 150 N. Swinton Avenue-Suite 100 · Delray Beach, FL 33444 · 561.272.1207 e-maih castlefl@gate.net, www. castleflorida.corn · Fax: 561.272.0117 November 2, 2004 Mr. Doug Hutchinson Community Redevelopment Agency Of Boynton Beach 639 East Ocean Avenue Suite 103 Boynton Beach, Florida 33435 Dear Doug, Castle Florida is the new development team of a mixed use project at the gateway to the new downtown. Our family has been in the development/construction business in South Florida since 1951 and we are extremely excited about our new venture. We hope to make this location our home as well in the very near future. As the design for this project is in the preliminary stage, we will ask the Community Redevelopment Agency to participate and have input in the final building design. The interior space can be designed by the CRA to afford them the opportunity to best utilize their new home. Attached is a preliminary site plan showing the building site. Moving the building forward to the property line and the abandonment of the service road will expand the building envelope to ensure a more than adequate area for the future site of the CRA, as well as provide a substantial structure in a key location in Boynton Beach. At this time, the second floor of the building will provide office space and possibly townhouse units. The third floor will be for residential lofts or apartments which we will further develop after an area study is complete. At this time we will entertain a lease/purchase agreement with the CRA with negotiations to begin at their request. We are available for any other input. ; Boynton East, LLC IlllIIIlllll IlilIIIillll iii OPENING FALL 200:3 924 NORTH FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA AVAILABLE: FEATURES: LEASE; 3.028 SQUARE FEET OF RETAIL sPaCE (3 BAYS) 5,726 SQUARE FEET OF PROFESSIONAL OFFICES HIGH CEILINGS AND SUPERIOR QUALITY CONSTRUCTION BALCONIES ON EAST SIDE OF 2ND AND 3"d FLOORS WATER VIEWS FROM 3r4° FLOOR 34 PARKING SPACES (1:250 SF) LOBBY/ELEVATOR ENTRANCE OFF PARKING AREA ALL SPACE WILL BE 'READY-TO*MOVE-IN' STANDARD FINISH (MAY UPGRADE DURING CONSTRUCTION). RETAIL: $25 SQ. FT., $6 CAM OFFICE: $20 SQ. ET., $6 CAM NAHEIM PROPERTIES, INC. (56t) 369-5993 N~OHS ~3-1_-IN8 ,01, I_d I---- Cf) Ld ~,,<, 0 Jonathan T. Ricketts, Inc. 5 08 Wh,,ewov Rood. Pe,m Boeoh Phone: f561) 630-6700 Fax: (561) 625-2770 November I, 2004 Mr. Douglas Hutchinson Executive Director Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue, Suite 107 Boynton Beach, FL 33435 Dear Mr. Hutchinson: Here is a written summary of our recent conversation on the status of the work by Burkhardt Construction. In general, the construction made to date on the boulevard extension and the funds requested are commensurate with the schedule submitted by Burkhart and budget authorized by the CRA Board. Boynton Beach Blvd Extension: Permit Status for the Roadway Construction - The South Florida Water Management District permit for the boulevard extension has been issued. Kimley-Hom has continued to pursue the remaining permit from the Army Corps of Engineers for that portion of the work (cul-de-sac) that has impacts to wetlands. Based on the previous history of the Corps, this permit may take some time to be issued. Burkhardt Construction has completed all of the work within the boulevard area, except for those areas (within the cul-de-sac) where the federal wetlands permit is needed from the Army Corps of Engineers. The only other underground utility that can be pursued at this time without the corps permit will be the twelve inch offsite water main that runs north from Boynton Beach Blvd to N.E. 3ra Avenue. The start of the construction of the twelve-inch water main is imminent pending the approval of the interlocal agreement by the city council. FP&L conversion of power lines from overhead to underground - Burkhardt Construction has received the schematic plan from FP&L for the conversion of the overhead lines to underground facilities. Burkhardt will be meeting with FP&L to suggest minor changes to the intended route of the new lines to minimize the costs and the number of property owners required to provide easements. IfFP&L incorporates the suggested changes, only two easements will be needed for work outside of the right-of-way. These two property owners are The Related Group and the Exxon station located on the southwest comer of Boynton Beach Blvd. and Federal Highway. Several attempts have been made to contact the owners of the Exxon station, and 6856 Mr. Douglas Hutchinson November 1, 2004 Page 2 of 3 other means will be explored to secure this easement. Discussions and coordination has been ongoing with city staffto secure the easement from The Related Group. Coordination with the Promenade Project - A review of the proposed plans for the Promenade project has one significant conflict. The driveways proposed by the Promenade project are significantly different than what currently is proposed on Kimley-Hom's plan. These differences are due to the two existing driveways being combined into one driveway for the new high-rise. Discussions with Burkhardt Construction to resolve these discrepancies has resulted in the suggestion to temporarily postpone the work on the north right-of-way adjacent to this project until these issues on timing can be resolved. Discussions with Kimley-Hom and the Promenade's engineer, Craven Thompson, will be required to coordinate the construction in this area. It appears that the best solution will be to have the north right-of-way of Boynton Beach Blvd constructed after the completion of the Promenade project. Promenade: Permit Status for the Promenade - Kimley-Horn is continuing final discussions with the South Florida Water Management District concerning the Environmental Resource Permit. This state level permit is for the wetland impacts and drainage generated by the promenade portion of the work. An An'ny Corps of Engineers (federal permission for wetland impacts) permit will be required and the application has been submitted to the Corps. The final issues being discussed by the water management district and Kimley-Horn pertain to the amount of wetlands currently existing within the promenade and the required amount of mitigation. These issues were explained in detail in Kimley-Hom's letter of September 15, 2004. The final construction plans of the promenade are nearing completion, but are dependant upon the final permit issues being resolved with the South Florida Water Management District. Additional changes may be required to achieve a permit from the district. Riverwalk: Permit Status for the Riverwalk Kimley-Horn reports that the design plans are a little past the thirty percent complete stage and the remaining work is "on hold" pending some additional design issues being clarified with the owner. These clarifications were recently submitted to Kimley-Hom and the plan's pro~ess will continue to be monitored. Kimley-Horn is also waiting for the issuance of the promenade permit with the water management district prior to submitting a permit application for the riverwalk. It is Kimley- Horn's opinion that having a second and more complex permit, the riverwalk, in review by the district will delay the issuance of the simpler promenade permit. The permitting of the riverwalk with the South Florida Water Management District and the Army Corps of Engineers will also be lengthy (at least a year). 6857 Mr. Douglas Hutchinson November 1, 2004 Page 3 of 3 If you have any other questions, please feel free to contact our offices at (561) 630 6700. Sincerely, 6858 Boynton Beach Welcomes "The Downtown Trolley's" We Invite you to a Trolley Roll-Out Briefing Saturday, November 13th, 2004 11:00 am to 5:00 pm at the Boynton Beach Library 208 S. Seacrest Blvd, Boynton Beach This interactive meeting will help fine tune the upcoming Trolley Program for the Boynton CRA area. CRA Staff, Trolley operator - Molly's Trolley's Inc., local businesses, citizens and marketing representatives will discuss the Trolley Program. Everyone's input is welcomed to make this program a success for Boynton Beach. Trolley Routes and Equipment will be on display for viewing. For additional Information call: (561) 737-3256. 6859 CRA UNiT MONTHLY Date: 10-8-04 Completing Officer: R. DAVIS 796 ~ Vehicle # VARIOUS Beginning Mileage: Vehicle # Beginning Mileage: Total Hours Worked: 411 Total Hours (vac/comp/personal/auth leave): 52 Reports: Burglary: 1 Police Assists: 9 Alarms: Other: 7 Suspicious Person: Civil Assist: 1 Suspicious Vehicle: Abandoned Vehicle: Stolen Vehicle: Recovered Vehicle: Assault: Vandalism: Narcotic Related: 1 Citations: 34 Parking Citations: AAR's: Total Traffic Contacts: 58 Crashes: Conununit¥ Service: Business Owner Visits: 87 Citizen Interactions: 135 Referrals Total: 10 Other Departments: City: 1 CRA: 8 Other: 1- FPL Other Information: Month/Year: 9-04 Mileage Total: 782 Mileage Total: Total Arrests: 12 Other Thefts: Other Recovered Property: Weapons Related: Vehicle Towed: Battery: 1 Domestic Violence: 2 Warnings: 24 PAR's: Disturbance: 3 Total Community Meetings: Attended: 0 Organized: 0 Other Contacts: Explain: N/A Units completed several shifts on AfB in support of the city for two hurricanes. Units responded into the community to determine what assistance they could render after the storms. Units also made referrals based on damage fi.om the storms. 6860 Date: 10-5-04 CRA OFFICER MONTHLY Officer: Danysh PLI Completion Date: 9-16-04, 1933hrs Month/Year: September 2004 ID#: 606 Call Sign: c31 I.C. Test #1: Yes I.C. Test g2: # Hours Worked: 138 Total Reports Taken: 52 Case # MO 04501077 PASG 04501117 SPPA 04501731 LOTZ # Hours Vacation/Comp/Personal/Auth Leave: 23 Mileage: 1 i2 Case # MO 04501081 SPIA #of Arrests: 0 Case # MO 04501114 SPPA 04501434 BERC 04501736 TRFA 04501499 SPPA 04501739 ALBA 04501741 DDMA 04501948 PASF 04502250 ALBA Citizen Contacts (no Case #) Business Owner Visits: 30 Citizen Interactions: Referrals Total: Other Departments: Total Community Meetings: Attended: Organized: Other Contacts: 0 Explain: 30 0 City: 0 CRA: 0 Other: 0 0 0 0 045O1894 ANCZ 04502212 CV1A 045O2254 EXPA 04501935 PASZ 04502220 SPPA 04048986 PASB PAR's 0 AAR's 0 Total Traffic Contacts: 4 Citations: 2 Warnings: 2 Parking Citations: 0 Other Comments: Completed Explorer Training 0801 Date: SEPTEMBER 2004 Officer: REYNOLDS PLI Completion Date: 09-23-04 # Hours Worked: Total Reports Taken: 3 Case # MO 04-048666 WARB CRA OFFICER MONTHLY ID#: 793 Call Sign: I.C. Test gl: 9-22-04 I.C. Test #2: # Hours Vacation/Comp/Personal/Auth Leave: 17.5 Month/Year: 09/04 C32 Case 4/ MO Case # MO 04-050981 AGAB 04-051211 AROA 10 NARR'S Citizen Contacts (no Case #) Business Owner Visits: 15 Citizen Interactions: 29 Referrals Total: Other Departments: City: CRA: Other: Total Community Meetings: Attended: Other Contacts: Organized: 1 FELOI'FY ARREST 7 MISD'S TRAFFIC ARRESTS 1 WARRANT ARREST PAR's AAR's Total Traffic Contacts: 33 Citations: 20 Warnings: 13 Parking Citations: 3 FIR CARDS 6862 Explain: Other Comments: 300 MILES DRIVEN 6863 Date: 10-4-04 Officer: R. DAVIS PLI Completion Date: 10-4-04 80.5 CRA OFFICER MONTHLY Month/Year: ID#: 796 Call Sign: I.C. Test #1: 9-21-04 I.C. Test #2: # Hours Worked: Total Reports Taken: Case # 04-048860 5 MO Case # FPRA # Hours Vacation/Comp/Personal/Auth Leave: Mileage: 185 # of Arrests: MO Case # 9-2004 C33 11.5 1 MO 04-049680 TREW 04-049885 DUIA 04-050421 PASZ 04-051438 PASZ Citizen Contacts (no Case #) Business Owner Visits: 30 Citizen Interactions: 54 Referrals Total: Other Departments: 1 City: 1 CRA: Other: Total Community Meetings: Other Contacts: Explain: 0 Attended: Organized: PAR's AJ~R's 6864 Total Traffic Contacts: 6 Citations: 2 Warnings: 4 Parking Citations: Other Comments: SEVERAL SI-II~'I.'S SPENT ON A/B PROVIDING EMERGENCY PATROL FUNCTIONS FOR THJE CITY, CRA OFFICER MONTHLY Date: 10-01-04 Officer: LAUTLrRE, RICK PLI Completion Date: 09-30-04 # Hours Worked: Total Reports Taken: 11 Case # MO Case # 04-048525 EXPA 04-048650 04-048617 DDMA 04-050991 ID#: 797 LC. Test #1: # Hours Vacation/Comp/Personal/Auth Leave: Month/Year: SEPT. 2004 Call Sign: C34 I.C. Test #2: MO Case # M~O EXPA 04-048668 DOTA WARB 04-050105 SPIA 04-048619 VNRG 04-050967 DLTA 04-049203 DDMA 04-049208 CVLA 04-049206 TREW 04-049185 DJVA 04-050020 BERC 04-049351 TREB 04-049186 PASF 04-050035 EXPA 04-049503 TRFB 04-049351 EXPA Citizen Contacts (no Case #) Business Owner Visits: 12 Citizen Interactions: Referrals Total: Other Departments: Total Community Meetings: Attended: Organized: Other Contacts: Explain: 22 4 City: CRA: Other: i-FPL 0 0 0 PAR's NA AAR's NA Total Traffic Contacts: 15 Citations: i 0 Warnings: 5 Parking Citations: 0 Other Comments: 6865 6866 6867 6868 6869 VIII. Old Business Any person who decides to appeal any decision of the Communily 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. 6873 The CKA 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 CPA. 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 6~"~4nce upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits ora service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. MEMO TO: FROM: SUBJECT: DATE: CRA Board ~ Douglas C. Hutchinson Consideration and Selection of New Legal Representation for CRA November 1,2004 The CRA Board has received a copy of the RFP for Legal Services. The finalists, Ms. Nancy Stroud of Weiss, Serota, Helfman, Pastoriza, Guedes, Cole and Boniske, P.A. and Mr. Kenneth F. Spillias of Lewis, Longman & Walker P.A have presented their qualifications to the CRA Board for consideration and selection. Staff has attached a copy of proposed contract and rate schedules for the CRA Board review and consideration, so that we may move forward with New Legal Representation. The CRA Board will need two motions, one to hire new legal representation and set a start date and a second one to move forward with a contract. 6875 C:\Susan_shared fileshnaemos~MEMOrecommendationof legal representation.doc WEISS SEROTfi- I-IELFI~iAN PASTORIZ3. GUEDES COLE ~c ]~ONISKE, ATTORNfYS AT LAW ~ITCHELL A. BIERHAN NINA L. BONI~KE NITCHELL J. SURNST£1N November 3, 2004 Ms. Jeanne Heavilin Chair . Boynton Beach CRA 639 E. Ocean Avenue, Suite 107 Boynton Beach, FL 33435 Re: Retainer Agreement Dear Ms. Heavilin: We are pleased that you wish to engage our Finn to perform legal services for the Boynton Beach Community Redevelopment Agency (the "Agency'S. From our experience, we have found that clients appreciate a frank and open discussion and understanding of the services that we will perform and the basis upon which they will be expected to pay for those services. This letter is intended to set forth our understanding as to the nature and scope of the legal services we have agreed to render for you, the amount of our fees for those services, the manner in which our fees for those services shall be determined and the terms upon wNch you will make payment. 1. Nature of Legal Services. You have engaged us to represent Boynton Beach Commtmity Redevelopment Agency as general coumel. 2. Fees for Se~ices. You will be charged and agree to pay for our services on the basis of hourly rates established from time to time for the attorneys in our Firm, together with applicable taxes if any. It is contemplated that Nancy E. Stroud will have primary responsibility for this matter and will be assisted by other attorneys in the firm. The Firm will charge a blended hourly rate of $185 for all attorneys who work for the Agency. It is our practice to charge for actual time expended on your behalf, but not less than 2/10tbs of an hour for each activity. 68J6 Ms. Jeanne Henvilin Page 2 November 3, 2004 3. Costs. In addition to the fees discussed in paragraph 2, we anticipate that certain expenses may be incurred and advanced on your behalf. These expenses .may include filing fees, recording costs, out-of-town travel expenses, delivery charges, long distance telephone charges, photocopies (xerox), special postage (express mail, certified mall and the like), computer research charges, court 'reporter expenses (including cost of transcript and court reporter's fee for attendance), court costs (such as filing fees, service of process, newspaper publication costs, subpoena costs, witness fees, recording fees, etc.), accounting and appraisal fees, fees and expenses of experts necessary to assist in the preparation and hearing of your case, investigation costs, word processing fees, computer charges and applicable lobbyist reg/stration fees. In addition to our fees for legal services, you agree to pay us for such out-of-pocket expenditures. In the event unusually large costs or advances are anticipated, we reserve/he right to require an additional cost deposit from you prior to undertaldng the expenditures of funds on your beha~. 4. Payment of Fees and Costs. Our invoices will be submitted to you on a monthly basis and each invoice will be due and payable when rendered. You must understand that if any invoice remain.q unpaid for more than 30 days after it is rendered, we reserve the right, in our discretion (subject to court approval; if necessary), to cease to provide further legal services to you. You Will, however, be liable to us for the payment of any fees earned and any costs incurred by us to that time, together with any applicable taxes. In the event we are ultimately required to bring suit to collect any unpaid fees and costs, you understand that you will be required to pay reasonable attorneys' fees as well as legal interest on the amount of any fees and costs due us. You further understand that we have the right to retain any and all files, papers and other property coming into our possession in connection with our engagement without any liability to you until we have been paid all costs, fees and interest due us under this agreement. You also agree to the imposition of a charging lien for any monies due us on all real and personal property that ts preserved, protected or obtained as a result of the representation undertaken herein. Interest at the rote of 12% per annum will be added to any invoice which remaim unpaid for more than 30 days utter it is rendered. 5. Withdrawal from Representation. We reserve the right to withdraw from representing you if you have misrepresented or failed to disclose material facts to us, or if we disagree about the course of action which should be pursued. 6. Representation of Other Clients. We are bound by rules of legal ethics not to represent any client if the representation of that elient Will be dh:ectly adverse to the interests of another client unless each such client consents to such representation after consultation. · 7. Fees for Other Services. In the event you ask us to render legal services with respect to other matters, in the absence of a written agreement specifically addressing that representation, the other matters will be handled on an hourly basis, and fees and costs will be payable under the same terms and conditions as provided for in paragraph 2 of this letter. 6877 WEISS SE~OT~ HELI~I,I~lV PASTOHIZA GUEDES COLE 8c ]~ONISKE, P. 2~. Ms. Jeanne Heavilin Page 3 Novombor 3, 2004 8. Camraencement of Reoresentafion. If the foregoing is agreeable to you, please acknowledge your understanding and agreement by si~ing this letter md delivering it to us. We appreciate your confidence in our Finn and we assure you that we will make every effort to perform our services in a prompt and efficient manner. Very tndy yours, WEISS SEROTA HELFMAN PASTOR~A GUEDES COLE & BONISKE, P.A. By:_ NES:ga 999.991 AGREED AND ACCEPTED on Nancy E. Stroud ,2004. BOYNTON BEACH COIVlMIINiTYREDEVELOPMENT AGENCY By Chair 6878 P~.STOI~IT-i GUI~DES COL]~ ~¢ ]~OI~ISK]~, P.A. ATTORNEY-CLIENT FEE CONTRACT The document (the "Agreement") is ,the Beach Community Redevelopment Agency ("Client"). written fee contract between ("Counsel") and the Boynton 1. CONDITIONS. This Agreement will not take effect, and we will have no obligation to provide legal services, until a signed copy of this Agreement and the initial retainer/cost deposit called for under Paragraphs 5 and 6 is returned to the offices of Counsel and Client. 2. SCOPE OF SERVICES. The Client is hiring (Counsel) for counseling services to the Boynton Beach Community Redevelopment Agency. 3. CLIENT DUTIES. The Client agrees and acknowledges that it has a duty to cooperate with its undersigned counsel, to keep Counsel informed of developments, to keep in contact with undersign Counsel to abide by this Agreement, to pay all invoices on time and to keep Counsel advised of the Client's current address and telephone number. The Client acknowledges this understanding by signing below. 4. PROFESSIONAL FEES. The Client understand and agrees that chares for professional services rendered will be by the hour at the prevailing rates for time spent on you matter by the law firm's legal personnel. The current hourly rates for legal personnel (and other billing rates) are set forth on the attached Exhibit "A" Rate Schedule. The Client will be charged for the time spent on telephone calls relating to this matter, including telephone conferences with the Client, opposing counsel or court personnel. The legal personnel assigned to your matter will confer among themselves about the matte, as required. When they do confer, each person will charge for the time expended. Likewise, if more than one of our legal personnel attends a meeting, court hearing or other proceeding, each will charge for the time spent. It is understood that is the responsible attorney for this matter and the hourly billing rate is $ an hour. The rate has been reduced as an accommodation to a municipal/governmental client. In the event the Client has any questions regarding the activity or the charges as reflected on the invoices, please contact us immediately upon receipt of the invoice. 5. FEE RETAINER. A fee retainer in the amount of SWAIVED is required in this case. This retainer will be held throughout the period of our representation of the Client and will be applied by the law firm to the final bill. In the event that litigation is required, Client agrees to provide an additional retainer of SWAIVED prior to any preparation of documents for such legal proceedings. In addition, depending on the development of the case or the complexity of the matter, the law firm may request an additional retainer at the time the case is set for trial by the Court. 6879 C:\Susan_shared files\contractsXLegaI Contract2.doc 6. COST AND OTHER CHARGES. The Counsel may incur various cost and expense on Client's behalf in performing lego1 services under this agreement. The Client agrees to pay for those cost and expense in addition to the hourly fees. The cost and expenses commonly include process servers' fees, fees fixed by law or assessed by courts and other agencies, court reporters' fees, long distance telephone calls, messenger and other delivery fees, excessive postage, retrieval of closed files form off-site storage, if requested, photocopying and other reproduction cost and other similar items. A cost retainer of SWAIVED is required. A cost retainer will be used to expedite payment for messengers, overnight delivery, court reporter and similar charges. Should the retainer for cost be depleted, the law firm may periodically request that the Client deposit additional funds to replenish the cost retainer. 7. BILLING STATEMENTS. Periodic statements will be sent for fees and costs incurred. Each statement will be due within 30 days of its date. 8. LEIN. The Client hereby grants the Counsel a lien on any and all claims or causes of action that are the subject of its representation under this Agreement. The lien will be for any sums owing to Counsel at the conclusion of the services. The lien will attach to any recovery the Client may obtain, whether by arbitration award, judgment, settlement or otherwise. 9. DISCHARGE AND WITHDRAWAL. The Client may discharge the Counsel at any time. The Counsel may withdraw with the Client's consent or for good cause. Good cause includes a breach of this Agreement, the Client's refusal to cooperate with the Counsel or to follow advice on a material matter or any fact or circumstance that would render the Counsel's continuing representation unlawful or unethical. At the conclusion of all services, all unpaid charges will immediately become due and payable. After the services conclude, the Counsel will, upon your request, deliver a file to you, along with any funds or property of your in the Counsel's possession. Client acknowledges that the law firm represents several governmental agencies and special districts. In the event of a conflict, the Counsel shall have the right to resolve such conflicts as it seems fit, including withdrawal, consistent with the applicable Rules of Professional Conduct. 10. DISCLAIMER OF GUARANTEE. Nothing in this Agreement and nothing in statements to the Client will be construed as a promise or guarantee about the outcome of this matter or any possible litigation neither Counsel nor Attorney make any such promises or guarantees. 11. EFFECTIVE DATE. This Agreement will take effect once the Client has performed the conditions stated in Paragraph 1, but its effective date will be retroactive to the date the Counsel first performed services. The dates at the end of this Agreement are for reference only. Even if this Agreement does not take effect, the Client C:\Susan_shared files\contractskLegal Contract2.doc 688O will be obligated to pay the reasonable value of any services the law firm may have performed for the Client. I have read and understand the foregoing t~rms and those set forth on the attached Rate Schedule and agree to them as of the date first provided services. If more than one party signs below, we each agree to be liable, jointly and severally, for all obligations under this Agreement. LAW FRIM NAMES Date: By: Address and Phone Date: By: Boynton Beach Community Redevelopment Agency 6881 C:\Susan_shared files\contracts~Legal Contract2.doc ATTACHMENT 1 Shareholders Rates Associate Attorneys Rates Eric B. Ash William G. Capko Michelle Diffenderfer Robert P. Diffenderfer Kenneth W. Dodge Brenna M. Durden Wayne E. Flowers John W. Forehand Kevin S. Hennessy R. Steven Lewis Terry E. Lewis James W. Linn Anne E. Longman David E. Ramba Kermeth G. Spillias Edwin A. Steirnneyer Stephen A. Walker Senior Attorneys $185 Erica Livingston $135 210 Kristin K. Bennett 175 195 Jody L. Brooks 150 195 Erin Deady 155 195 Amy M. Dukes 160 195 Roslynn M. Ferguson 155 195 Melissa Gross-Arnold 160 195 M. Christopher Lyon 155 195 Thomas Mullin 135 195 Glenn E. Thomas 160 Associates (before bar 210 115 exam) 210 210 195 210 195 210 Rates Law Clerk Rates Julie Jennison $115 Anna Small 85 Jennifer Guy $70 Paralegals Rates Walter E. Forehand John J. Fumero 195 195 Beth Bloom $75 Kimberly Lippman 95 Francine Shay 100 Melissa Washington 90 Angela Wylie 100 6882 Billing Method The following is a list of Firm fees for out. of-pocket expenses, which are charged in addition to the hourly rates Computer Research Actual usage + proportionate share of base subscription. Court Reporters Direct invoice from vendor to client Or paid from retainer. Delivery Charges Actual mount invoiced to firm. Mode of delivery based on need and economy. Messenger Service Actual amount invoiced to the firm. Overnight Express Actual amount invoiced to the firm. Telefacsimile Outgoing: Acmai telephone charge + $1.25/page. Incoming: No charge Photocopying Inside copies: . . $0.20/page Outside services:" Actual amount invoiced to firm. Secretarial Overtime No charge Telephone Charges Actual long ~listance and cellular charges + proportionate share of base subscriptions. Temporary Help Actual amount invoiced to the finn. Travel-Local/Surface Reasonable mileage or actual rental charges. Travel-Out-of-Town Intrastate: Actual common carrier charges for coach. Interstate: Actual common carrier charges for business class. Meals/Accommodations: Lowest corporate seasonal rate available, reasonable business related meal expenses. Word Processing No charge Other Expenses Actuai cost invoiced to the firm. In selected cases, these items may be directly invoiced from vendor to client. 6883' MEMO TO: CRA Board FROM: Douglas Hutchinson SUBJECT: Consideration of the Amended CRA 2004/2005 Budget DATE: November 3, 2004 The CRA Board developed this proposed CRA 2004/2005 Budget through several Workshops held on this July and August. The budget proposed a CRA TIF City-Backed Pledge for a 20-year bond issue. However; because the process to obtain the bonds extended past our September 30, 2004 deadline for the adoption of our budget, the CRA Board adopted an interim smaller cash balanced budget. The CRA secured the City-Backed Pledge for a 20-year bond issue; therefore Staff is proposing a resolution to amend the Interim CRA 2004/2005 cash budget to the CRA Bond based budget. As directed by the Board, Staff has reduced the CRA office purchase down payment set-aside from $300,000 down to $150,000. Professional Services were increased by $150,000. Staff is recommending the approval of the 2004-2005 amended budget by resolution, which is in accordance with Florida Statues Section 189.418. 6884 C:\Susan_shared fileskmemoskMEMOconsideration of adpotion of amended CRA Budget 2004- 2005 .doc Table of Contents 2004~2005 Budget Narrative ............................................. 1 Budget Worksheets ......................................................... 33 6885 City of Boynton Beach Community Redevelopment Agency Budget Workshop P, rojections 05/10/2004 Please find attached the Staff's proposed amended 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 an amended beginning balance of the 2004/2005 budget year of $3,668,203. REVENUES TIF Revenue: The CRA Revenue for this budget is based upon the tax appraiser's office projected 2003 tax mil 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 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 2 6886 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. Also note that Developer support may be enacted to fulfill the TCEA study's mass transit element. Grant-Trolley $ 120,000 Advertising/Sponsorship-Trolley $ 181,835 6887 3 "Congress Avenue Trolley" Revenue Sources 2004-2005 2005-2006 2006-2007 2007.2008 2008-2009 Total 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 $ 204,835 $ 201,835 $ 201,835 $ 201~832 $ 201,832 $ 4,009,169 "Ocean Avenue Trolley" Revenue Sources 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 Total MOP Grant $ 40,000 $ 40,000 $ 40,000 $ 0 $ 0 $ 120,000 Advertising & Sponsors $ 60,000 $ 58,000 $ 50,000 $ 50,000 $ 50,000 $ 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 $ 104.46~9 $ 104.~71 $ 110.00~0 $ ~ 7.040 System Total $ 301,835 $ 299,835 $ 306,304 $ 306,403 $ 311,832 $ 1,526,209 Total Trolley 200412005: Legal Repayment: Legal Repayment Agreement Total Legal Repayment: Total Other Income: Debt $ 301,835 $ 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: $17.716.86~8 $ 25,352,312 6888 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 new 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.) 6889 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 Assistant $ 44,290.00 $ 3,321.75 $ 456.00 Bookkeeper $ 35,000.00 $ 2,625.00 $ 456.00 Secretary $ 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 $ 5,963.00 $ 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 O4,,05 $116,250.09 $ 69,934.79 $ 56,773.6 $ 44,644.16 $ 37,127.30 Total $ 258,565.60 $19,392.42 $ 2,280.00 $ 29,815.00 $1,030.68 PERSONNEL 2005-2006 Employers Annual FICA Workers Health Life Salary 7.50% Comp Insurance Insurance Director $ 99,194.15 $ 7,439.56 $ 456.00 $ 6,559.30 $ 606.96 Controller $ 57,602.75 $ 4,320.21 $ 456.00 $ 6,559.30 $ 170.16 Adm. Assistant $ 45,618.70 $ 3,421.40 $ 456.00 $ 6,559.30 $ 83.40 Bookkeeper $ 36,050.00 $ 2,703.75 $ 456.00 $ 6,559.30 $ 170.16 Secretary $ 27,856.97 $ 2,089,27 $ 456.00 $ 6,559.30 $ 0 $ 2,468.00 SIT LIT Disability $ 969.10 $ 473.00 $ 489.50 $ 473.00 $ 310.20 $11,178.28 SEP IRA 5% $ 4,959.71 $ 2,880.14 $ 2,280.94 $ 1,802.50 $ 1,392.85 $ 324,729.98 05-06 $120,184.78 $ 72,461.55 $ 58,909.24 $ 48,214.71 $ 38,664.59 Total $ 266,659.28 $19,974.19 $ 2,280.00 $ 32,796.50 $1,030.68 PERSONNEL 2006-2007 Employers Annual FICA Workers Health Life Salary 7.50% Comp Insurance Insurance Director $102,169.97 $ 7,662.75 $ 456.00 $ 7,215.23 $ 606.96 C 'oiler $ 59,330.83 $ 4,449,81 $ 456.00 $ 7,215.23 $ 170.16 A,~.,,.Assistant $ 46,987.26 $ 3,524.04 $ 456.00 $ 7,215.23 $ 83.40 Bookkeeper $ 37,~31.50 $ 2,784.86 $ 456.00 $ 7,215.23 $ 170.16 Secretary $ 28,692.68 $ 2,151.95 $ 456.00 $ 7,215.23 $ 0 $ 2,714.80 S/T Lrr Disability $1,066.01 $ 520.3O $ 538.45 $ 520.30 $ 341.22 $13,316.13 SEP IRA 5% $ 5,108.50 $ 2,966.54 $ 2,394.98 $ 1,856.58 $ 1,434.63 $ 338,434.87 O6-O7 $124,285.42 $ 75,108.88 $ 61,153.7. $ 50,134.63 $ 40,291.71 Total PERSONNEL 2007-2008 $ 274,312.25 $ 20,573.42 $ 2,280.00 $ 36,076.15 $1,030.68 $ 2,986.28 $13,715.61 $ 350,974.39 Salary Director $105,235.07 Asst. Director $ 68,000.00 Controller $ 61,110.76 Adm. Assistant $ 48,396.88 Bookkeeper $ 38,245.45 Secretary $ 29.553.46 Total $ 350,541.61 PERSONNEL 2008-2009 Annual Salary Director $108,392.13 A 3irector $ 70,040.00 Co. Lroller $ 62,944.08 Adm. Assistant $ 49,848.79 Bookkeeper $ 39,392.81 Secretary $ 30,440.06 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 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 $ 3,738.66 $ 456.00 $ 8,730.43 $ 91.47 $ 2,954.46 $ 456.00 $ 8,730.43 (~8~)~ 170.16 $ 2,283.00 $ 456.00 $ 8,730.43 $ 0 srr SEP L/T IRA Disability 5% 07-08 $1,172.61 $ 5,261.75 $128,561.78 $ 572.33 $ 0 $ 82,303.93 $ 572.33 $ 3,055.54 $ 77,884.91 $ 592.30 $ 2,419.84 $ 63,523.28 $ 572.33 $ 1,912.27 $ 52,161.37 $ 375.34 $ 1,477,67 $ 41,015.73 $ 3,857.24 $14,127.08 $ 446,450.94 S/T SEP Disability 5% 08-09 $1,289.87 $ 5,419.61 $133,024.40 $ 629.56 $ 3,502.00 $ 88,849.84 $ 629.56 $ 3,147.20 $ 80,798.24 $ 651.52 $ 2,492.44 $ 66,009.58 $ 629.56 $ 1,969.64 $ 54,303.06 $ 412.88 $ 1,522.00 $ 43,844.37 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. 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: Seacrest Corridor Study Project Reserve TBD Total New Projects 2004~2005 $ 45,000 $ 160,245 $ 205,245 6891 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 $ 0 $ 37,500 $ 0 $ 0 BBB Phase I $ 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 $ 4,767 $136,233 $ 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 $ 1,775 $111,255 $ 83,394 $ 80,909 RBC Dain $ 20,000 $ 0 $ 10,000 $ 10,000 $ 0 $ 0 'Total $ 665,590 $175,855 $ 84,129 $ 299,988 $ 83,394 $ 80,909 Current Contracts Rollover New Contracts 2004-2005 Total Contracted Services $ 299,988 $ 2O5,245 $ 505,233 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: Roll over IT Contract 2003/04 City of Boynton Beach IT support Carillon Accounting Software Miscellaneous Needs $ 4,415 $ 13,000 $ 1,5OO $ 1,500 Total IT Support: ~ Staff has calculated a 5% increase per year for future budgets. Total Professional Services $ 746,648 6892 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 $ 1,980 $ 1,600 $ 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. Rollover Office Leasehold Improvements Current Leasehold Improvements $ $ 942 750 Total Office Leasehold Improvements: $ 1,692 6893 9 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. Rollover moving expenses 2003/04 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: $ 2,250 $ 2,250 $ 9,500 $ 1,332 $ 2,898 $ 4,270 $ 8,500 $ 2,160 $ 2.160 $ 37,902 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 Insurance: The CRA's General Liability Insurance coverage provides coverage of ali employees. The prope~y insurance covers the contents within the CRA office. The CRA also carries a Surety Bond and Professional Insurance for the CRA and employees. 6894 10 Property/General Liability Surety Bond Professional Total Insurance: $ 2,051 $ 400 $ 4.049 $ 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, and the Annual Meeting held in Hollywood, Florida May 2005, will be attended by the Controller in order to 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. 6895 11 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 $ 470 $ 45o $ 123 $ 6oo $ 602 $ 2,245 4-Urban Land Institute Regional (4 people) Conference Registration ($190) Mileage ($150 x $.31 x2 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 260 185 155 600 Staff is allotting $399.00 for Association meetings, which would be Chamber of Commerce luncheons and FGFOA luncheons. Total Association Meetings & Seminars: $ 11,222 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 6896 12 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 pumhase of a new printer to print checks and laptop computer, which will be used when Staff is traveling for CRA business or training. Rollover Office Equipment 2003/04 Computer-CPU, Monitor & Key Board Accounting Software License Office Furniture & Upgrade Color Laser Printer Printer-Checks Laptop $ 3,427 $ 1,100 $ 1,000 $ 2,5OO $ 3,000 $ 500 $ 1,900 Total Office Equipment/Furniture: Total Office Equipment/Supplies License, Books, Publication: 6897 $ 24,427 13 Total Licenses, Fees, Permits: Memberships & Publications: Licenses, Fees, Permits: The CRA will incur expenses for, licenses, fees or permits which are not project related. $ 1,250 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 Total Membership/Subscriptions: Books & Publications: Reference Books, Information Sources, etc. Total Books & Publications: Total Licenses, Books, Publication: Advertising - Public & Legal Notices: 225 595 475 70 133 168 75o 35 170 96 185 185 97 8oo $ 3,984 $ 1,000 $ 1.000 $ 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 6898 $ 1,500 14 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 $ 765 $ 369 $ 74 $ 1,208 FGFOA - School of Government Accounting (1 person) Registration Meals ($41 x 5) Miles (100 X $.31 x 5 days) Total $ 190 $ 205 $ 155 $ 55o Reserve To Be Determined $ 1.24~2 Total Career Development: $ 3,000 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. 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 Layout Mailing Labeling Miscellaneous - $625 per quarter In-kind Sponsorship In-kind Sponsorship In-kind Sponsorship In-kind Sponsorship $ 2,5oo Total Newsletter: $ 2,500 Printing -Annual Reports, Brochures: 6899 15 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. Total Loan Payment: $ 317,298 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..606 TOTAL OPERATING EXPENSES: $1,945,707 6900 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. Rollover for 2003/04 Contracts Web Maintenance/Expansion $ 4,378 $ 15,ooo Total Website Maintenance and Expansion: $ 19,378 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 fqr 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 PolJce. The budget for two officers and related costs is $175,000. 6901 17 Note that the first expenditures for the program in 2003/2004 had a large share of the funding for equipment. 2004/2005 can see additional officer time or number for the same funding amount due to a lesser amount of funding being expanded for equipment. Rollover for 2003/04 Contract Police Program 2004/05 $ 207,368 $ 350,000 Total Police Program: $ 557,368 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 ara 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 cimulator 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. 69O2 18 The proposed trolley budget for 2004-2005 is $471,966, which includes $170,13'1 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 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 2004-2008 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 TotalVariable Cost $ 123,135 $ 123,135 $ 123,132 $ 123,132 $ 123,132 $ 615,666 Fixed Cost Signs $ 5,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 9,000 Shelters & Benches $ 0 $ 0 $ 0 $ 0 $ 5,000 $ 5,000 Trolley $ 96,000 $ 96,000 $ 96,000 $ 96,000 $ 96,000 $ 480,000 Insurance $ 21,600 $ 21,600 $ 21,600 $ 21,600 $ 21,600 $ 108,000 Storage $ 3,600 $ 3,600 $ 3,600 $ 3,600 $ 3,600 $ 18,000 Administration $ 500 $ 500 $ 500 $ 500 $ 500 $ 2,500 Management $ 72,000 $ 72,000 $ 72,000 $ 72,000 $ 72,000 $ 360,000 Total Fixed Cost $ 193,700 $ 193,700 $ 193,700 $ 193,700 $ 193,700 $ 968,500 Total Cost Congress $ 3t6,835 $ 3t6,835 $ 316,832 $ 316,832 $ 3'16,832 $ 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 $ 421151 $ 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 $ 57,331 $ 59,925 $ 61,928 $ 63,928 $ 65,928 $ 309,040 Fixed Cost Signs $ 5,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 9,000 Shelter & Benches $ $ $ $ $ 5,000 $ 5,000 Trolley $ 47,775 $ 47,059 $ 47,775 $ 47,775 $ 47,775 $ 238,875 Insurance $ 10,800 $ 10,800 $ 10,800 $ 10,800 $ 10,800 $ 54,000 Storage $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ 15,000 Management $ 31,225 $ 28,665 $ 28,665 $ 28,665 $ 28,665 $ 145,919 Total Fixed Cost $ 97,800 $ 89,524 $ 91,240 $ 91,240 $ 96,240 $ 467,794 Total Cost Ocean $ 15S.13'1 $ 149 449 $ 153.16~ $ 1~.166 $ 162.16__R $ 776.834 System Total $ 471.96~R $ 467 2R4 $ 470.00~ $ 472 06_____ 0 $ 47~}.00_.____~ $ 2.361 6903 19 Total Trolley Programs: $ 471,966 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 6904 $ 8,000 20 (Jamaican, Haitian, Spanish, Trinidad and Tobago) DJ/MC $ 300 Hospitality VIP Tent $ 850 Airline Tickets ~ $ 750 Light & Sound $ 850 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 ara 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 6905 21 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 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: 2® 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) 6906 22 ,165 350 225 500 100 200 Total $ 2,540 Annual (Required sponsorship required) $ 17,780 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, Generatodstaff 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 2OO 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 23 6907 6908 the following categories; Fac;ade 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. ' 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 $ 100 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) $ 30 Tabs (6 @ $7.00) $ 42 Miscellaneous $ 1,428 Total $ 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 24 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"/Recognitlon Event. ~ Promotions (Brochures Paper 5 packs) $ 35 Mailings (5 mailings of 50 @.37) $ 93 Miscellaneous $ 372 Total $ 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 Total Festivals/Events.' $ 42,100 6909 25 Business Programs: The Business Genesis Program was approved on March 9, 2004. Program activities and funding for 2004/2005 will be for Phases III and V plus a Development Fair. 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 $ 3oo $ 2oo $ 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 $ 1,000 $ 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 Fa~:ade Grants: 26 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 had three grant recipients and in 2003-04, we almost doubled that 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 $ 81.118 Total Commercial Fagade Grants $ 181,118 Single Family Owner Occupied Residential Fagade Improvements Grant: The "Single Family Owner Occupied Residential Fagade 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 Fagade Reconstruction and/or Amhitectural 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: $ 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. Delray Boynton Academy 6911 27 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 for the 2004/05 year with a grant for $100,000. New Grants $ 100,000 Roll Over Grants $ 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 0f 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 $ 556,118 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. 28 6912 Total Direct Incentives: $ 0 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: $1,670,855 6913 29 PROJECTS CRA Office: ~ Staff is recommending a down payment of $300,000 for the purchase of a building er land. Total CRA Offices: BBB/Riverwalk/Promenade Project: $ 150,000 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: Reliever 2003/04 Contracts Boynton Beach Blvd. Extension Riverwalk Promenade Total Cost for 2004-2005 years: $ 622,941 $ 2,552,872 $ 225,383 $ 1.133.976 $ 4,535,172 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/RiverwalldPromenade 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: 30 $ 2,000,000 6914 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. Rollover for 2003/04 contracts 2004/2005 year $ 8,465 $ 5o,ooo Total Way-Finding Signage: $ 58,465 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: $ 750,000 Town Square Project Development: 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. Rollover for 2003/04 contracts New Miscellaneous Projects $ 10,000 $ 45,OOO Total Miscellaneous Projects: $ 55,000 NOTE: Savage Creatures, Old High School Renovation and Town Square may emerge as requiring CRA Fund Underwriting as seed or grant 31 6915 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: $8,773,637 6916 32 6918 6920 9 1 2 3 4 5 6 7 8 10 11 12 13 ,4 15 16 17 18 19 20 21 22 23 24 25 RESOLUTION NO. 04-03 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, AMENDING THE ADOPTED 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 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA") adopted Resolution 04-01 which adopted a budget on September 14, 2004 which began on October 1, 2004, and ends September 30, 2005; and WHEREAS, the BOYNTON BEACH COMMUNITY REDEVELOPEMTN AGENCY ("CRA") wishes to amend said Budget due to the issuance of bonds; 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 amended 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 shall be in the amount of $25,352,312.00 instead ors 11,702,356.00 as stated in Resolution 04-01. SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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 Page 1 of 2 6921 C:\Documents and Sethngs\vielhauersWiy Documents~resoulations\04.03 (amended Budget for Fiscal Year 2004-2005).doc RESOLUTION NO. 04-03 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 ., 2004. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, By:. CHAIR 6922 Page 2 of 2 CSDocuments and Setfings\vielhauers~vly Documents~resoulations\04-03 (amended Budget far Fiscal Year 2004-2005).doc LOCATION: DESCRIPTION: 1801 NE 4th Street Request to amend the Comprehensive Plan Future Lend Use Map from High Density Residential to Special High Density residential; and Request to rezone from R-3 Multi-family Residential to Planned Unit Development (PUD). Proposed use: townhouse community of 180 units. New Site Plan 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: VII. Director's Report.. 6850 VIII. Old Business. -6873 IX. New Business. - 6874 Barr Property (NWSP 04-013) - 6827 John Barr, Cornerstone Premier Communities BMVFL-1, Inc. 1801 NE 4th Street Request New Site Plan approval for a 180-unit townhome development on a 9.88-acre parcel in a proposed PUD zoning district. A. Consideration and Selection of New Legal Representation for the CRA. - 6875 B. Consideration of CRA Amended 2004/2005 Budget. - 6884 C. Consideration of Selection of Underwriter for Bonds - 6923 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. Annette Shares C:\Gray_Annette Shares\CRA Agenda\CRA Agendas 2004\CRA Agenda November), 2004.doc ×. Commission Action. - 6929 XI Board Member Comments. - 6930 XII. Legal. - 6931 XIII. Otherltems. -6932 XIV. Future Agenda Items. - 6933 Consideration of Interlocal Agreement with the City of Boynton Beach for the Boynton Beach Boulevard Extension Promenade and Riverwalk. (December) Consideration of Interlocal Agreement for the MLK Phase I Project (December). C. Consideration of amendment to CRA.Procurement Policy (December). F. G. H. Consideration of Modification to the Direct Incentive Program to include Arts Commission Elements for Incentive Scoring (December). Consideration of Options for CRA Office Space (December). Special Meeting on December 6, 2004 to Formally Adopt the Bond Documents. Consideration of CRA Retreat (January). Consideration of Arches Project Site Plan and Incentive Amendment (TBD). 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 CR~ 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 pr/or to the program or activity in order for the CRA to reasonably accommodate your request. Annette Shares C:\Gray Annette Shares\CRA Agenda\CRA. Agendas 2004\CRA Agenda November9, 2004.doc G. Consideration of Fagade Grant Extension for Colonial Center Condominium, Inc. - 6634 H. Consideration of Employee Health Insurance Plan. - 6640 I. Consideration of Executive Director's Employment Contract. - 6650 J. Consideration of Assembly and Redevelopment Incentive Grants. - 6663 K. Consideration of Property Acquisition Contract in the Heart of Boynton Phase One Project Area. - 6734 Public Audience. -6796 Public Hearing.. 6797 Old Business A. New Site Plan Approval 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: New Business B. (Tabled September 14th 2004). 6798 Edward Medical Office (NWSP 04-012) Hany Edward Hany Edward 3908 North Federal Highway Request for new site plan approval for a 11,796 square foot medical office building in the C-3 zoning district. Land Use Plan AmendmentJRezonin,q 1. PROJECT: AGENT: OWNER: Barr Property (LUAR 04-009). 68'19 John Barr, Cornerstone Premier Communities BMVFL-1, Inc. Any person who decides to appeal any decision of the Commanity Redevelopment Board with respect to any matter considered at th/s 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 Hutch/nson 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. Annette Shares C:\Gray_Armette Shares\CRA Agenda\CRA Agendas 2004\CRA Agenda Novemberg, 2004.doc COMMUNITY REDEVELOPMENT AGENCY Tuesday, November 9, 2004 Commission Chambers Boynton Beach 6:30 P.M. W. 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 Workshop and October 12th Meeting - 6504 B. Financial Report. - 6532 C. Consideration of Final Budget Transfer 2003/2004 - 6546 D. Consideration of Appraisal of Development Property. - 6547 E. Consideration of CRA Holiday Decoration Installation. -6548 F. Consideration of funding of CRA 2004/2005 Events. - 6549 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. Annette Shares C:\Gray_Annette Shares\CRA Agenda\CRA Agendas 2004\CRA Agenda November9, 2004.doc MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: October Financials DATE: November 9, 2004 INCOME STATEMENT NOTES We received 5,378.97 for the month of October in interest from the Money Market Account this month. BALANCE SHEET NOTES Cash and Cash Equivalents include $229,344.74 operating account, $3,547,950.13 money market account and $500 petty cash. Account Payable expenses of $531.53 will be paid in full in November 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 $5,378.97 in interest. 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. TIF Taxes - Under due to payment is received in December 2004 through March 2005. 2. Rent Expense - Over, due to timing of the office move. Staff will be requesting a budget transfer. 3. Office Leasehold & Moving - Over, due to cost of office move. Staff will be requesting a budget transfer. 4. Bond Insurance - Over, due to one time payment for a full year. 5. Professional Insurance - Over, due to one time payment for a full year. 6. Promotional/Business Meeting - Over, Staff will be requesting a budget transfer. 7. Associations Meetings/Seminars - Over, Staff will be requesting a budget transfer. 8. Office Equipment/Furniture - Over, Staff will be rolling over 2003-2004 money for the equipment. 9. Membership/Subscriptions - Over, due to timing of purchase. 10. Fa~;ade Grants - Under, due to existing grant are not complete at this time. Approved Fa(~ade Grants Boynton Boundless LLC Delray-Boynton Academy Colonial Condo Assoc. Sailfish Realty Saint Mark Church Welsh Plastering $15,000 $15,000 $15,000 $ 9,226.17 $15,000 $ 1,600 11. 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 Innovative Windows Concepts $25,000 Delray-Boynton Academy $50,000 Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds October 31,200,;, 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 $ 3,777,794.87 $ 2,O77.OO $ 3,469.39 $ 869,209.96 $ $ $ 541,772.53 $ 26,149.42 $ (5,192.75) $ 5,215,280.42 $ 531.53 $ 29,151.43 $ 2,752,345.10 $ 2,782,028.06 $ 2,475,322.89 $ (42,070.53) $ 2,433,252.36 $ 5,215,280.42 September 30, 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 INCOME STATEMENT Current $o.oo YTD Current Total $0.00 $0.00 $0.00 $o.oo $o.oo $o.oo $o.oo' $0.00 $0.00 $0.00 $5,378.97 $0.00 $0,00 $5,378.97 $0.00 $0.00 $0.00 $0.00 $0.00 $5,378.97 $0.00 $5,378.97 INCOMESTATEMENT Use of Funds Debt Service Debt Service Principal Payment Interest Expense Payment Debt Issue 1 Sinking Fund Total Debt Service Program Expenses Web Site Updates / Expansion Police Programs Transportation / Trolley Festivals / Events / Bus. Programs High School Project Assemble & Redevelopment Grant Single Family Residential Grant Facade 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 $0.00 $0.00 $0.00 $0.00 $0.00 YTD $0.00 $0.00 $0.00 $0.00 Current Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,930.20 $1,25O.OO $0.00 $0.00 $0.00 $0.00 $11,000.00 $0.00 $0.00 $17,180.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,930.20 $1,250.00 $0.00 $0.00 $0.00 $0.00 $11,000.00 $0.00 $0.00 $17,180.20 $1,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $17,086.58 $1,340.86 $132.02 $200.00 $1,306.44 $132.39 $1,214.60 $71.41 $0.00 $0.00 $0.00 $0.00 $195.00 $299.25 $3,200.00 $68.39 $0.00 $19.95 $640.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $17,086.58 $1,340.86 $132.02 $200.0O $1,3O6.44 $132.39 $1,214.60 $71.41 $0.00 $0.00 $0.00 $0.00 $195.00 $299.25 $3,200.00 $68.39 $0.00 $19.95 $640.00 Property / General Insurance Bonding Insurance Professional Insurance Promotional / Business Meeting CRA Meeting / Presentation Association Meeting Mileage & Delivery Services Car Allowance Director Office Supplies Office Expense Office Equipment / Furniture Licenses, Fees, Permits Membership, Subscriptions Books & Publications Advertising Expense Career Development Printing, Newsletter & Promotional Office Printing Marketing and Promotions Miscellaneous Depreciation Expense Interest Expense Total General & Administrative Total Application of Funds Fund Sources in Excess of Application INCOME STATEMENT Current YTD Current Total $72.77 ;0.00 $72.77 $12.24 ;0.00 $12.24 $146,52 ,0.00 $146.52 $656.42 ,0.00 $656.42 $0.00 ,0.00 $0.00 $128.96 0.00 $128.96 $0.00 0.00 $0.00 $281.09 0.00 $281.09 ($152.60) $o.oo $995.00 ($29.42) $1,116.00 $17.09 0.00 ($152.60) 0.00 $0.00 0.00 $995.00 0.00 ($29.42) 0.00 $1,116.00 0.00 $17.09 $0.00 0.00 $0.00 $0.00 0:00 $0.00 $0.00 0.00 $0.00 $0.00 50.00 $0.00 $0.00 50.00 $0.00 $0.00 ~0.00 $0.00 $118.34 ;0.00 $118.34 $0.00 ;0.00 $0.00 $29,269.30 ;0.00 $29,269.30 $47,449.50 $0.00 $47,449.50 __($42,070.53) $0.00 ($42,070.53) October 31, 2004 Beginning Balance Revenues Tlr Taxes Grant Funding Interest Income Other Income Total Revenue Expenditures Personel Cost Salary Expense Payroll Taxes Retirement 457 Plan Short Term / Long Term Disabili~ Workers Comp Health Insurance Life Insurance BUDGET TO ACTUAL COMPARISON Community Redevelopment Agency of Boynton Beach Year To Current YTD 2004/2005 Date Period Totals Including Budget Totals October Current Month 2,911,982,00 0.00 0.00 2,911,982.00 3,467,422.00 0.00 0,00 0.00 0.00 ~ 0.00 33,548.00 0.00 5,378.97 304,604.00 0.00 0.00 04/05 % of Budget Budget Remaining Remaining 2,911,982.00 0.00 3,467,422.00 100% 0.00 0.00 0% 0.00 28,169.03 84% 0.00 304,604.00 0% 6,717,556.00 0.00 5,378.97 0.00 223,566.00 0.00 17,086.58 17,086.58 16,767.00 0.00 1,340.86 1,340.86 11,178.00 0.00 200.00 200.00 2,038.00 0.00 132.02 132.02 1,824.00 0.00 0.00 0.00 23,852.00 0.00 1,214.60 1,214.60 861.00 0.00 71.41 71.41 3,800,195.03 206,479.42 92% 15,426.14 92% 10,978.00 98% 1,905.98 94% 1,824.00 100% 22,637.40 95% 789.59 92% Total Personel Cost Professional Services Legal Lobbying - State & Federal City Staff Contracted Services Audit I,T. Support Total Professional Services Office Rent Expense Maint. & Cleaning Office Leasehold & Moving Phone Expense Electric Expense Office Total Equipment Leases Expenses insurance Property/General Insurance Bond/Liability Insurance Professional insurance Insurance Total Travel / Entertainment Expense Promotional/Business Meetings CRA Meeting / Presentation Association Meeting & Seminars Mileage & Delivew Services Car Allowance- Director Total Travel Expenses Office Supplies Office Equipment & Furniture 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 Office Printing Newsletter Printing - Annual Reports, Brochur Total Office Printing Expense Miscellaneous Expense 280,086.00 0.00 20,045.47 20,045.47 75,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,500.00 0.00 0.00 0.00 220,000.00 0.00 0.00 0.00 8,500.00 0.00 0.00 0.00 16,000.00 0.00 299.25 299.25 327,000.00 0.00 299.25 299.25 260,040.53 93% 75,000.00 100% 0.00 0% 7,500.00 100% 220,000.00 100% 8,500.00 100% 15,700.75 98% 326,700.75 100% 19,200.00 0.00 3,200.00 3,200.00 16,000.00 83% 4,100.00 0.00 195.00 195.00 3,905.00 95% 750.00 0.00 640.00 640.00 110.00 15% 8,500.00 0.00 68.39 68.39 8,431.61 99% 2,160.00 0.00 0.00 0.00 2,t60.00 100% 34,710.00 0.00 4,103.39 4,103.39 30,606.61 88% 4,500.00 0.00 19.95 19.95 4,480.05 100% 2,051.00 0.00 0.00 400.00 0.00 326.03 4,049.00 0.00 2,480.00 6,500.00 0.00 2,806.03 0.00 2,051.00 100% 326.03 73.97 18% 2,480.00 1,569.00 39% 2,806.03 3,693.97 57% 0.00 0.00 656.42 0.00 0.00 0.00 0.00 0.00 128.96 1,080.00 0.00 0.00 3,708.00 0.00 281.09 656.42 -656.42 0% 0.00 0.00 0% 128.96 -128.96 0% 0.00 1,080.00 100% 281.09 3,426.91 92% 4,788.00 0.00 1,066.47 1,066.47 3,721.53 78% 0.00 0.00 995.00 995.00 1,500.00 0.00 0.00 0.00 9,500.00 0.00 -152.60 -152.60 -995.00 0% 1,500.09 100% 9,652.60 102% 11,000.00 0.00 842.40 842.40 10,157.60 92% 1,250.00 0.00 -29.42 -29.42 1,279.42 102% 3,985.00 0.00 1,116.00 1,116.00 2,869.00 72% 1,000.00 0.00 17.09 17.09 982.91 98% 6,235.00 0.00 1,103.67 1,103.67 5,131.33 82% 1,500.00 0.00 0.00 0.00 1,500.00 100% 0.00 0.00 0.00 0.00 0.00 0% 2,500.00 0.00 0.00 0.00 2,500.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,000.00 0.00 0.00 0.00 1,000,00 0,00 0.00 0.00 2,500.00 100% 2,500.00 0% 0.00 0% 5,000.00 1,000.00 100% Debt Service Principal Payment Interest Expense Debt BUDGET TO ACTUAL COMPARISON 134,925.23 0.00 0.00 0.00 134,925.23 100%' 182,372.73 0.00 0.00 0.00 182,372.73 100% 0.00 0.00 0.00 0.00 0.00 Total Debt Service 317,297.96 0.00 0.00 0.00 317,297.96 100% Operating Expense 999,616.96 0.00 30,286.63 30,286.63 964,330.33 PROGRAMS Web Site Update/Expansion Police Transportation / Trolley Assembly & Redevelopment Single Family Residental Festivals/Events/Bus. Program Fa~:ade Grants EconomicDevelopment Grants PROJECTS Riverwalk / Promanade Projects HOB Commercial / Improvement Way-Finding Signage Marina Parking Garage Savage Creatures Complex Miscellaneous Projects BUDGET TO ACTUAL COMPARISON Year To Current YTD 03/04 2003/2004 Date Period Totals Including Budget Budget Totals October Current Month Remaining 5,000.00 0.00 0.00 9.00 5,000.00 350,000.00 0.00 4,930.20 4,930.20 345,069.80 471,966.00 0.00 1,~50.00 1,250.00 470,716.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 51,025.00 0.00 0.00 0.00 51,025.00 115,000.00 0.00 11,000.00 11,000.00 104,000.00 85,000.00 0.00 0.00 0.00 65,000.00 2,910,492.00 0.00 1,000.00 1,000.00 2,909,492.00 684,457.00 0.00 101,603.95 101,603.95 582,853.05 0.00 0.00 1,000.00 1,000.00 -1,000.00 750,000.00 0.00 0.00 0.00 750,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 %of Budget Remaining 100% 99% 100% O% O% 100% 9O% O% 100% 85% O% 100% O% O% TOTALS EXPENSES 6,422,556.96 0.00 151,070.78 151,070.78 6,266,486.18 TotalRese~e Balance Before D~ Proposed Bonds TOTAL RESERVE BALANCE 294,999.04 0.00 -145,691.81 2~760,911.22 0.00 0.00 0.00 0.00 294,999.04 0.00 -145,691.81 2,760,911.22 STATEMENT OF CASH FLOWS BEGINNING CASH BALANCE REVENUES Interest Income Sun Trust Bank Fee Refund SunTrust Bank Interest Accounts Receivable Payments $ 204.39 $ 5,378.97 $ 219,117.43 Total Interest Income TOTAL REVENUES EXPENDITURES $ 224,700.79 Salaries Expense Douglas Hutchinson Douglas Hutchinson Texas CS Unit Susan Vielhauer Susan Vielhauer Annette Gray Annette Gray Nicole Monet 941 Payroll Taxes September 942 PayroJl Taxes October Total Salaries Expense Health Insurance Expense Comp Dent Insurance -September Comp Dent Insurance -October Aetna Health Insurance Total Health Insurance Expense Short Term/Long Term Disability The Principal Financial Group Total Short Term/Long Term Disability Life Insurance Expense First Colony Life Insurance Total Life Insurance Expense Retirement Lord Abbot Lord Abbot Total Retirement Expense Professional Fees - Legal Goren, Cherof, Doody & Ezrol Total Professional Fees - Legal Professional Fees - Contracted Jonathan Ricketts Total Professional Fees - Contracted Professional Services - City Clerk City of Boynton Beach Total Professional Services - City Clerk Professional Fees - Maint. & Cleaning Green Team Pest Control Royal Office Cleaning Total Professional Fees - Maint. & Cleaning $ 1,873.89 $ 1,801.78 $ 461.54 $ 1,424.94 $ 1,544.02 $ 1,345.63 $ 1,345.63 $ 877.90 $ 4,727.31 $ 4,970.79 $ 39.36 $ 39.36 $ 1,711.47 $ 132.02 $ 71.41 $ 200.00 $ 2O0.00 $ 2,301.40 $ 5,608.00 $ 280.96 $ 20.00 $ 245.00 $ 20,373.43 $ 1,790.19 $ 132.02 $ 71.41 $ 400.00 $ 2,301.40 $ 5,608.00 $ 280.96 $ 265.00 $ 3,972,573.67 $ 4,197,274.46 Equipment Leases Pitney Bowes Postage Machine Total Equipment Leases Trolley Creative Marketing Impact Total Trolley Rent Gene Moore October Leon Struck October Leon Struck November Total Rent Telephone Cingular Wireless Total Telephone Expense Promotional/Business Meetings Bus[ness/Promotional Meeting Total Promotional/Business Meetings Membership/Subscriptions/Fees Department of Community Affairs Florida Real Estate Journal The Business Journal ULI Institute FRA Total M em bership/Subscriptions/Fees Advertising Palm Beach Post Total Advertising Seminars/Career Development Florida Redevelopment Association ULI Total Seminars Mileage & Delivery Fed Express Total Mileage & Delivery Office Expense WaI-Mar~ Aqua Springs & Coffee Total Office Expense Office Supplies Office Depot Total Office Supplies Office Equipment Dell Computers Carillon Financials Total Office Equipment Office Leasehold IrnprovementJMoving Communication Services Southeastern Services Furniture Assembly & Setup Total Office Leasehold ImprovementJMoving $ 24.75 $ 24.75 $ 1,250.00 $ 1,250.00 $ 1,120.00 $ 1,600.00 $ 1,600.00 $ 4,320.00 $ 68.39 $ 68.39 $ 1,560.00 $ 1,560.00 $ 175.00 $ 79.00 $ 96.00 $ 425.00 $ 595.00 $ 1,370.00 565.25 $ 565.25 270.00 95.00 $ 365.00 164.13 $ 164.13 52.33 31.25 $ 83.58 1,536.56 $ 1,536.56 2,391.26 1,294.25 $ 3,685.51 420.00 22O.0O 942.00 $ 1,582.00 Harvey Oyer Jr (Professional Insurance) Harvey Oyer Jr (Bond Insurance) Total Insurance Grant Programs Provident Missionary Baptist Church Total Grant Programs Police Program Law Enforcement Supply Positive Image City of Boynton Beach Gene Moore Rent November Brown Brother Consulting Total Police Program BBB Extension/Riverwalk/Promenade SFWMD Burkhardt Construction, Total BBB Extension/Riverwalk/Promenade Web Development & Implementation Jack of Arts Total Web Development & Implementation HOB Closing on the Demke Property Denise Scott John Demke Pinnell Survey Inc Westberry & Associates A Quick Board Up The Urban Group Goren, Cherof, Doody & Ezrol PA Total HOB TOTAL EXPENDITURES TOTAL REVENUES OVER EXPENDITURES $ 2,480.00 $ 326.03 $ 11,000.00 ' $ 1,716.00 $ 484.92 $ 29,780.71 $ 1,120.00 $ 88.00 $ 1,000.00 $172,801.88 $ 995.00 $ 88,645.57 $ 9,500.00 $ 1,000.00 $ 325.0O $ 10,750.00 $ 855.00 $ 37,210.20 $ 1,603.70 $ 2,806.03 $ Il,000.00 $ 33,189.63 $ 173,801.88 $ 995.00 $ 149,889.47 $ 419,479.59 $ 3,777,794.87 NE 4th Street NE 4th Street Z MEMO TO: CRA Board FROM: SUBJECT: DATE: Douglas Hutchinson Renderings of CRA office building options November 9, 2004 Attached are additional renderings of the Schnars Building, and the Community Plaza. Nicole Shares R:LMemo's~Vlemo Additional Renderings 1 l_04.doc FORM 8B MEMORANDUM OF VOTING CONFLICT FOR _C?U_NTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LA AME--FIRS ME--M~ DLE NA N ~ ~ ~ ELECTIVE ~ APPOINTI~ WHO MUST FILE FORM 8B- This fo~m is for use by any person serving at the county, city, or other local level of government on an appointed br elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Flodda Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive ~osition. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special pdvate gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a-cerporate principal by which he or she. is retained); to the spectalprivate gain or loss of a r~lative; or to the special pdvate gain or loss of ~ business associate Co~-= ....... 163 357, F S; and officers of inde,,=ndent s"ecial t- ~' '"-' ,,,.,,,,.=o~,u~r~ o] commumty redevelopment ,agencies under Sec 163.356 or · ' ' · ~'~ P' ,=X uls[rlc[s e[eczeo on a one-act, e, one-vote ba~ s are not proh b ted from vot ng in that capacity. ' ,, . . For purposes of this law, a "relative" includes orCy the or'car's father, mother, son, daughter, husband, wife, ~mtherl sister, father-in;law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any pemon or entity engaged in or carrying on a ~usiness enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). · ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and fi ng this form wth the pemon responsible for~recording the min- utes of the meeting, who shou d ncorperata the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. ' IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 813 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other membem of the agency. · The form must be read publicly at the next meeting after the form is filed. ~ IF YOU MAKE NO A'~FEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETI~IG: · You must disclose orally the nature of your conflict in the measure before par[icipating. · You must complete the forn~ and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of th~, agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S. INTEREST I, _~~1~ I ~~---~,~"r~, hereby disclose that on ~ ___, 20(~: (a) A measure came or will come before my agency which (check one) __ inured to my special pdvate gain or loss; __ inured to the special gain or loss of my business associate, ___ inured to the special gain or loss of my relative, _ inured to the special gain or loss of~ wbom lam .... which ___ inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317~ CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY REMOVAL OR SUSPENSION FROM OFFICE OR CIVIL PENALTY NOT TO EXCEED $10,000. EMPLOYME CE FORM 8B = EFF. 1/2000 PAGE