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Agenda 12-14-04COMMUNITY REDEVELOPMENT AGENCY Tuesday, December 14, 2004 Commission Chambers Boynton Beach 6:30 P.M. IV. Call to Order. Roll Call. Agenda Approval. A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda. Consent Agenda. A. Approval of Minutes of November 9th Meeting.-7025 B. Financial Report.-7040 C. Consideration of Reimbursement Request for Fagade Grant for Welsh Plastering. -7055 D. Consideration of Fa(;ade Grant Request for First Baptist Church. - 7064 E. Consideration of Self Assembly Grants for the North Federal Highway Area. -7093 - 7021 - 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 X:\CRA Agenda\CRA Agendas 2004\CRA Agenda December 14, 2004.doc G. H. J. Public Audience. - 7290 A. Site Plan Time Extension Consideration of Extension of Consultant Agreement for Real Estate Services for Acquisition in HOB Phase I.- 7094 Consideration of HOB Phase I Purchase of Properly at 1000 N. Seacrest Boulevard.-7096 Consideration of Contract for Lewis, Longman & Walker, PA for Legal Services. - 7240 Consideration of Reimbursement Request for Trip to Memphis for Amhes Project. - 7246 Consideration of Lease of New Copier. - 7267 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Arches (SPTE 05-001) Ryan Weisfisch, Boynton Ventures 1, LLC Multiple Owners Southwest corner of Ocean Avenue and Federal Highway Request for a second time extension of the site plan approval granted on June 3, 2003, for one (1)-year from the previously extended date of December 3, 2004 to December 3, 2005. VI. Public Hearing. - 7291 VII. Old Business. - 7292 VIII. New Business. -7293 A. Consideration of Planner Job Description and Pay Scale. -7294 - 7022 - Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any mat~er 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, prograra, 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 X:\CRA Agenda\CRA Agendas 2004\CRA Agenda December 14, 2004.doc Consideration of Hotel Feasibility Study RFQ.- 7302 Consideration of Trolley Marketing Plan Implementation RFP. - 7322 Consideration of Extension of the Arches Incentive Agreement. - 7346 Commission Action. - 7347 A. Edward Medical Building. B. Barr Proper~y. XI. Director's Report. - 7349 XII. Board Member Comments. - 7366 XIII. Legal. -7367 XIV. Other Items. -7368 XV. Future Agenda Items. - 7369 Consideration of Interlocal Agreement with the City of Boynton Beach for the Boynton Beach Boulevard Extension Promenade and Riverwalk. (January). D. E. F. Consideration of Interlocal Agreement for the MLK Phase I Project (January). Workshop for Parks and Recreation (5:30 just before January meeting). Consideration of amendment to CRA Procurement Policy (February). Consideration of Options for CRA Office Space (February). Consideration of Final Direct Incentive Agreement for the Promenade Project. (February). - 7023 - 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 X:\CRA Agenda\CRA Agendas 2004\CRA Agenda December 14, 2004.doc G. Consideration of Modification to the Direct Incentive Program to include Arts Commission Elements for Incentive Scoring (February). CRA Retreat (February). XV. Adjournment. -7370 - 7024 - 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 X:\CRA Agenda\CRA Agendas 2004\CRA Agenda December 14, 2004.doc IV. Consent Agenda 7024 Any person who decides to appeal any decision of the Community Redevelopment Board w/th respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimon? and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxiliary aids and serv/ces where necessary to afford an individual with a disability an equal opporttm/ty to participate in and enjoy the benefits ora service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNE: NOVEMBER 9, 2004 AT 6:30 P.M. Present Jeanne Heavilin, Chairperson Henderson Tillman, Vice Chair James Barretta Alexander DeMamo Don Fenton Marie Horenburger Absent Stove Myott I. Call to Order Douglas Hutchinson, CRA Director Lindsey Payne, Board Attorney Chairperson Heavilin called the meeting to order at 6:28 p.m. II. Roll Call The Recording Secretary called the roll and declared a quorum was present. III, Agenda Approval A. Additions, Deletions, Corrections to the Agenda Mr. Fenton requested to move Item A under New Business, before the Consent Agenda. Ms. Horenburger requested to move Director's Report after New Business. B. Adoption of Agenda Motion Ms. Horenburger moved to approve the Agenda. Motion seconded by Mr. DeMarco and unanimously carried. IX. New Business A. Consideration and Selection of New Legal Representation for the CRA 7025 Mr. Hutchinson explained that the Board held a WOrkshop prior to the Regular Meeting where Board members were allowed {he opportur~ity to interview the two finalists. Staff Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 9, 2004 looked to the Board for the selection of a firm to enter into a contract for legal counsel services. ';. ~ Chair Heavilin concurred that both firms did a good job on their presentations and seem very well qualified. Ms. Horenburger commented that she liked the possibility of making arrangements with regards to the fees as presented by the representative of Lewis, Longman & Walker and feels that the Board could save money in the fee process this way. Chair Heavilin reviewed the RFPs at length and said she is leaning a little more toward Weiss, Serota, et al. She feels the experience this firm has in CRAs and public sector legislation was a little bit stronger. The transportation issue the City will be facing is going to be one of the Board's challenges and feels this firm is a littlestronger in that area. She also stated that the Board would be well served by either organization. Mr. Tillman agreed with Chair Heavilin that the Board would be well served by either firm because they both have very strong backgrounds. A firm with multiple expertise is important because of the tremendous undertakings that the Board has before them, specifically the Savage Creatures Museum. A firm that has a history with Ocean Ridge would be an asset. Weiss, Serota, et al does have that experience and since we don't know Ocean Ridge's outlook on the museum and the waterway rights, that's a major concern. The attorney has had more direct CRA experience and that is something this Board needs in terms of the direction in which the CRA has to move. Mr. Fenton stated his preference was the firm of Lewis, Longman & Walker due to their eagerness to get the job done and devotion to allot the time necessary to do the job properly. The qualifications of both firms are superior. He commended the Search Committee on the selection of the two finalists. He said he felt concern that Mr. Tillman's question about time allocation was not answered directly by the other attorney from Weiss, Serota, et al and is still unsure about her answer. When he asked the same question of the attorney from Lewis, Longman & Walker, he received a much more definitive, eager answer. Mr. Demarco agreed with Mr. Fenton regarding the Lewis, Longman & Walker and was impressed with their presentation. Their location in Palm Beach County is important because it will reduce the hourly fees that would normally be assessed for travel time. He felt that their experience in Palm Beach County would enable them to do a better job for the Boynton Beach CRA. Ms. Horenburger agreed with Mr. Demarco regarding his Palm Beach County comments. She said the experience that Lewis, Longman & Walker have working with the agencies and agency heads in Palm Beach County would be a tremendous asset. Because this firm has several offices throughout the State, the experience they have working with the State and Federal agencies in those locations is also a strong point. 7O26 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 9, 2004 Mr. Hutchinson stated Staff recommends both firms equally. He has spent a lot of time working with both in preparing them ~or tonight, s meetings, and found that they both would work well with Staff. In the event that Lewis, Longman & Walker, P.A. did not accept the nomination, the firm of Weiss, Serota, et al becomes the nominated firm. Mr. Lindsey stated this could be done at the Board's discretion. Motion Mr. Fenton moved to nominate and approve Lewis, Longman & Walker P.A. as General Counsel for the Boynton Beach Community Redevelopment Agency with an immediate start date. Ms. Horenburger seconded the motion that passed 4-2 with Chair Heavilin and Vice Chair Henderson dissenting. Mr~ Spillius accepted the appointment. Until such time as a fee structure is proposed and approved, Mr. Spillius and his firm will bill at the firm's hourly rate. These rates were included in the firm's RFP response. Motion Mr. Tillman moved to authorize Staff to negotiate a fee structure with Lewis, Longman & Walker, P.A. Ms. Horenburger seconded the motion that passed unanimously. Mr. Hutchinson commended Ms. Payne for the work that she has performed in getting the CRA where it is today. Ms. Payne thanked the Board, saying she has enjoyed working with everyone and would assist with the transition to Lewis, Longman & Walker. iV. Consent Agenda A. Approval of Minutes of October 12th Meeting Removed from the Agenda for correction. B. Financial Report C. Consideration of Final Budget Transfer 2003/2004 Consideration of Appraisal of Development Property Consideration of CRA Holiday Decoration Installation F. Consideration of Funding of CRA 2004/2005 Events Consideration of Fagade Grant Extension fOr Colonial Center Condominium, Inc. 7027 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 9, 2004 Motion Consideration of Emp!oye, e Health ~nsurance Plan Consideration of Executive Director's Employment Contract Consideration of Assembly and Redevelopment Incentive Grants Consideration of Property Acquisition Contract in the Heart of Boynton Phase One Project Area Ms. Horenburger moved for approval of the Consent Agenda, as amended. Mr. Tillman seconded the motion that passed unanimously. A. Approval of Minutes of September 14th Meeting The following changes were suggested: page 3, 2nd paragraph, 1st sentence should read Vice Chair Tillman concurred with Mr. Fenton. On page 4, Vote section heading, 1st sentence, italicized section should read: Chair Heavilin dissenting. Page 12, 1st paragraph, 2nd sentence should read The residents also agreed that as long as the applicant eliminated the car wash, they would agree to the variances for the project. Motion Ms. Horenburger moved to approve the minutes of September 14, 2004, as amended. Vice Chair Tillman seconded the motion that passed unanimously. The Board congratulated Mr. Hutchinson on being hired again. Chair Heavilin thanked Mr. Hutchinson and Staff for their hard work under very trying circumstances and commented that it has also been a good year working with them. V. Public Audience None. VI. Public Hearing Attorney Payne administered the oath to all persons who would be testifying. Old Business New Site Plan Approval 1. PROJECT: (Tabled September 14th 2004) Edward Medical Office (NWSP 04-012) 7028 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 9, 2004 AGENT: Hany Edward OWNER: Hany Edward LOCATION: 3908 North Federal Highway DESCRIPTION: Request for new site plan approval for an 11,796 square foot medical office building in the C-3 zoning district. Motion Mr. Tillman moved to remove Edward Medical Office (NWSP 04-012) from the table. Ms. Horenburger seconded the motion that passed unanimously. - Eric 3ohnson, Planner, stated this ~roject came before the Bo~.rd in September with an annexation, rezoning and a new site plan. The Board reviewed all three and approved the annexation and rezoning. The site plan was tabled for des gn esthetics including deficiencies such as a lack of continuity between the 1st and 2nd floors, detail of the north or the front fa(;ade, the height of the parapet wall and the lack of foundation landscaping along the rear fa(;ade. The applicant revised the plans, elevations, and presented to Staff for review. Staff has reviewed the revisions and determined they comply with code. Mr. Johnson clarified that the site plan now houses 59 parking spaces instead of 60 but still complies with code. The Staff is recommending approval of the changes. Mr. Johnson stated that the first site plan reflected had different building colors and Staff worked with the applicant to try to reduce the color intensity. The colors are now Sherwin Williams paints: Champaign (SW6644) and Orange Blast (SW6646). The color of the cupola would be Ceramic Tile. The Condition of Approval was removed as the elevations were revised to comply with Staff's recommendations. Mr. Fenton asked for clarification of the use of the property. Jose Obeso, architect, stated that the intent of the building would be mainly for medical offices that house physicians practicing medicine. Mr. Barretta commented he would have difficulty supporting the project because there would be no landscaping along the entire south side of the property and rear of the building. Mr. Barretta assured the Board they would be disappointed with the south elevation of this building if it would be approved in its current manner. He explained that they would regret approving this plan because the visual field from Federal Highway would be a 2%-story solid wall, 171 feet long, with no buffer. He reminded the Board that they, and people in the City, are very unhappy with the townhouses that Centex built on the Lanolta property because of the view-from Federal Highway and would not want the same situation to occur. 7029 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 9, 2004 A discussion ensued regarding the lack, of landsoaping on the rear of the property. Mr. Obeso argued that because the Zoning Department allows the building to be placed on the property line, landscaping should not be mandated. If landscaping is the issue, the zoning code should not allow buildings to be placed on the property line and the ordinance should be changed. He made provisions to break up the length of the building in order to provide landscaping in two pockets, as reflected in the site plan revisions that now provide an attractive visual field. If more landscaping is required, then the building needs to be totally separated from the property line. He said he has gone to great lengths to make the rear of the building look beautiful by decorating with stucco, Mr. Obeso confirmed he has complied with each of the 40 conditions as-requested and would be willing to enhance the landscaping elsewhere on the property to improve the street appeal. He had several meetings with the City and followed through on their suggestions. However, because there are certain restrictions on the width of the lot, the building had to be pushed to the side in order to make it more functional. He said some of the things being asked are not feasible. One of the suggestions was to put the building in the middle of the site. This would not work because the site is not wide enough. It was suggested that since there are no mandates that the square footage of the building be kept as is, Mr. Obeso consider a multi-story building or reducing the amount of square footage as an alternate resolve to the landscaping issue. Mr. Obeso argued the building has to be feasible in order to justify construction. He has exceeded the requirements for green space as required for the site and is not violating any zoning criteria. Motion Barretta, moved to deny this project. unanimously. Mr. Tillman seconded the motion that passed Chair Heavilin advised Mr. Obeso that he is welcome to submit a reconfigured building site plan for further review. Hany Edward, property owner, declared his annoyance with this motion saying that the site plan meets all the codes required by the City. Chair Heavilin stated that the Board has worked hard to establish a certain criteria for all building projects and the project still has to be reviewedby the City Commission. New Business B. Land Use Plan Amendment/Rezoning 7030 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 9, 2004 1. PROJECT: ~.~ Barr Praperty (LUAR 04-009) AGENT: John Barr, Cornerstone Premier Communities OWNER: BMVFL-1, Inc. LOCATION: 1801 NE 4th Street DESCRIPTION: 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 Uni~ Development (PUD). Proposed use: townhouse community of 180 units. ¢ C. New Site Plan 1. PROJECT: Barr Property (NWSP 04-013) AGENT: John Barr, Cornerstone Premier Communities OWNER: BMVFL-1, Inc. DESCRIPTION: Request New Site Plan approval for a 180-unit townhome development on a 9.88-acre parcel in a proposed PUD zoning district. Dick Hudon, Senior Planner, presented the item on behalf of Staff. The property is approximately 9.88 acres, just under the 10-acre requirement and falls under the Small Scale Amendment. The City must approve prior to sending to the Department of Community Affairs for their review and approval. The existing land use is high density residential which allows a maximum density of 10.8 dwelling units per acre and it is currently the site of Boynton Mobile Home Park. The request is to rezone the property to high density residential which has a maximum residential density of 20 units per acre. The companion zoning to that will be a planned unit development (PUD), in order to build a townhouse style community of 180 units. The basic expectation is anyone asking for a land use of the special high density residential category and PUD regulations will develop to standards that exceed the City's basic development standards in terms of site design, building architecture, construction materials, amenities, and landscape design. A detailed master plan or site plan approval is required at the time the zoning is approved.70~-i~e site plan will be reviewed under a separate item. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 9, 2004 The surrounding uses of the property i~clude a s~ngle-family residential development to the north; however, it is designated high density residential and is zoned R-3 which is multi-family. The area to the south and west of the property is also high density residential and R-3 zoning. East of the property are the rights to the FEC railroad tracks and the North Federal Highway right-of-way. There is developed property on the east side of Federal Highway that is designated local retail commercial and zoning R-3 community commercial except for the Boat Ramp Park. Staff is recommending approval of the two requests for the following reasons: the request is consistent with relevant policies in the Comprehensive Plan and the adopted Federal Highway Corridor Community Redevelopment Plan. The redevelopment of the property is desirable. The proposed rezoning maintains the residential character of the area and will provide an esthetically pleasing living environment in I~roximity to the Downtown. Aisc, the proposed development meets the standards expected when a PUD is requested in a high-density residential land use category. Chair Heavilin ,suggested the Board hear each of the Barr Property items separately because of the amount of people waiting to speak during public audience. Mr. Barretta excused himself from voting on this project due to a legal controversy with the design architect and completed a Form 8B which is on file in the City Clerk's Office. Ms. Horenburger questioned the background in the proposal. It stated that the townhouse units would not be fee simple. She was counseled that the question applied to the comprehensive plan, not the site plan. Eric Assimi, representative of the Cornerstone Group, stated that his company did not have anything further to add to the presentation and he was there to answer questions. Several residents took the podium and expressed their displeasure with the redevelopment of the mobile home park. Their concerns are: · The 80 families currently residing in the community will be displaced with nowhere else to live, nor the funds to relocate themselves and their families. · No one has provided any information to them regarding their options. · All the residents are on a fixed-income. · if they are forced to relocate, they must continue to pay on the current property. · They are being discriminated against. The residents are Elderly, Veterans, Disabled, Black, White, Hispanic, single moms, etc. One resident declared he would take this issue to the Amedcan Ciy~$zL!berties Union and any other organization dealing with discrimination. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 9, 2004 Many residents have invested what little money they had into these properties because they purchased their hemes with,,the assumption that this would be their final home. · Some residents rent their home. What options are available to them? Attorney Payne clarified that the property owner is responsb e for meeting the requirements for relocation programs and would be the responsible party to disseminate assistance program information to the residents. Mr. Assimi confirmed that there are Florida Statues that would provide relocation assistance but, by law, he is not allowed to speak with the residents until such time as his company is the property owner. This is estimated to be January, 2005. The Florida Relocation program would work with the developer and every member of the community to determine what benefits are available and would work with each person to locate comparable housing. ~He explained that Cornerstone Premier Communities also develops multi-family affordable housing and currently owns over 2,000 hor:nes in the County. They are prepared to work with the residents to relocate them into one of their homes until such time as those that qualify can go back into the new development in a purchase capacity. This is a project that is slated to be a home ownership type development. Additionally, his company is working with the local CDC as partners in the development of this property. There are a few ideas that they would propose to the residents. David Zimod, Executive Director, Boynton Beach Faith-Based CDC, 2191 North Seacrest Boulevard, took the podium and stated his organization has recently been speaking with Cornerstone regarding a possible role in getting people of this community back into the development. They would have to comply With Florida regulations but his organization would work with them to help them become eligible for SHIP forgivable loans. Mr. Zimod translated this information in Spanish and also the information regarding Florida Statutes that provide for their relocation, provided the property is sold and the rezoning is approved. Mr. Hutchinson stated it would be wise for the developer to work with the existing property owner to address the residents concerns and bring back a plan so that when the Board meets to make a decision there is a strategy for rollout. He confirmed that the CDC deals with affordable housing on a regular basis. There is special money available through several avenues. Mr. Hutchinson stated he has discussed with the developer the CRAs ability, through the Direct Incentive Program, to support projects like this if there are affordable housing elements and public areas. The CRA can assist Wi~183~irect incentives to reduce the unit 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 9, 2004 prices to meet the lowest thresholds. This property is directly adjacent to our Heart of Boynton project and has a set of rules that expedite the delivery of the incentives. Mr. Assimi asserted that they went a step further since they own affordable homes, apartments, and otherwise. They typically take that with counseling and marry the two. The third option was the SHIP subsidies and creating home ownership. They heard 811 of the concerns and he thought what they would do was create something that would allow all of the parties to sit together and move this forward. Chair Heavilin asked the residents to attend the meetings with an open mind and reach a consensus regarding what they and the organizations involved can do to make this situation work. She commented that redevelopment is not about displacing people; it is about creating a better community for everyone. The goal is for everyone to be relocated into equal or better housing. Motion Ms. Horenburger moved to table the requested Land Use Plan AmendmentJRezoning of Barr Property (LUAR 04-009). Mr. Tillman seconded the motion that passed unanimously. Motion Ms. Horenburger moved to table the request for the New Site Plan approval of Barr Property (NWSP 04-013). The motion was dually seconded and passed unanimously. Motion Mr. Tillman moved to create a date certain for the Land Use Plan Amendment/Rezoning (LUAR 04-009) and New Site Plan Approval of Barr Property (NWSP 04-013) until the regular meeting of the Community Redevelopment Agency scheduled on January 11, 2005. Mr. Fenton seconded the motion that passed unanimously. Motion Ms. Horenburger moved to open Item A under New Business, Edward Medical Office (NWSP 04-012) in order to hear discussion to table this project. The motion died for lack of a second. Motion Ms. Horenburger moved to hear Item C, New Business before Item B, New Business in order to allow the presenters to leave. Mr. Fenton seconded the motion that passed unanimously. Ms. Horenburger also commented that it would be a good idea for Staff to move the agenda items around in order to let people who would be making presentations be heard first. 7034 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 9, 2004 VIII. Old Business None. IX. New Business C. Consideration of Selection of Underwriter for Bonds Julie Turner, CRAs Financial Advisor, stated her firm performed an RFP for an underwriter for the CPA's bond needs. Proposals were received from 5 firms, all of which were very well qualified. She commented the Board should be proud that there was so much interest in the RFP. Bank of America demonstrated the most qualified proposal, having more tax increment revenue experience than an~ of the other respondents. They have a large number of offices throughout the State that should help the CRA get the lowest cost on its bonds. It is her recommendation that the Board move forward with Bank of Amedca as their underWriter. Ms. Turner clarified that a co-manager is not necessary because the CPA has a relatively small account. There needs to be enough bonds for one firm to sell and based on the CPAs account size of $20 million, it is her recommendation that Bank of America would be able to handle it quickly. Mr. Fenton did not agree with Ms. Turner's recommendation citing negative experiences that the Board has had with Bank of America such as a loan that the Board has with them on which the Bank of America was refusing to negotiate refinancing. Mr. Fenton clarified that the Board had been given insufficient information relative to the ability to refinance, prepay, etc. His preferences were First Southwest Company and Raymond James & Associates. Although Raymond James is a direct competitor of his, he feels that the large number of offices they occupy in Palm Beach County is an asset for the CPA. Also, being a Florida based company would be an asset. He pointed out that First Southwest Company's information looked very admirable in the way they conduct business and he would vote for either one of these firms. Mr. Tillman asked for Ms. Turner's reasons behind her recommendation. She stated that she favors them primarily becaUse of the experience and qualifications of the professionals that would be working with the CRA. She works with these individuals on a daily basis and she can guarantee that they will provide everything they have to make sure that this financing is successful. In speaking with the Bank regarding the existing loan, she learned that the loan was based on taxable interest rates at the time it was entered into. The loan's rate looks very high now because interest rates are so low.?~-~q~s would be a good thing at the time the CPA takes out its new financing. However, ~fl~e bank were to break the existing 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 9, 2004 loan or to negotiate, it would be taking a loss. She cautioned the Board to recognize that the Bank is a business and is imbusiness~to make money - it has a duty to its shareholders to do So. The loan was entered into by way of contract. It was too late to say now that the CRA really didn't like that, because the CRA agreed to a provision that stated the CRA could not refinance. Chair Heavilin asked Julie to expound on the ideas that Bank of America stated that they might be able to do regarding fees or to restructure the existing bank loan. Ms. Turner stated that they ran several scenarios based on that. Currently, at best, it's a break even. The pre-payment penalty has been reduced by about $100,000 because interest rates have risen but then, on the other hand, interest rates have risen so a little is lost on that if it were refinanced. Right now it's a break even for both parties. Ms. Turner commented that First Southwest called her and asked to-withdraw their proposal because they had submitted the proposal with an error in their numbers. At the time of the request, they emailed the new numbers to her, requested their proposal not be withdrawn if the new numbers could be included. Because she was not recommending them, she did not move forward with any changes. Ms. Turner reminded the Board that they would want someone who has the local retail presence who can sell your bonds to retail investors and get you the lowest interest rate, which you already know. Also, the experience that Bank of America demonstrated on their specific type of financing that the CRA would be doing stood out more than the other respondents, in her mind. They have done 61 financings totaling over $1.3 billion in the time pedod that she requested. She didn't think anyone else broke out the tax increment financings at that level. Motion Vice Chair Tillman moved to accept Ms. Turner's recommendation to select Bank of America as the underwriter for the Boynton Beach Community Redevelopment Agency's bonds. Mr. Barretta seconded the motion that passed 6-1 with Mr. Fenton dissenting. B. Consideration of CRA Amended 2004/2005 Budget. Mr. Hutchinson reminded the Board that the budget created at the budget workshop was, by statutory regulations, a temporary budget covered only by cash revenues. Because the bond and several other programs will be moving forward in December, Staff is asking for a budget amendment that includes bond revenues and a reduction in a possible office building purchase from $300,000 to $150,000. The remaining $150,000 would be held in Professional Services. ?036 Motion Ms. Horenburger moved for approval of the budget. Mr. Tillman seconded the motion that passed unanimously. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 9, 2004 Ms. Payne read the resolution that amended the budget. The title is Resolution #04-03, a Resolution of the Boynton Beach Community Bedevelopment Agency. Motion Ms. Horenburger moved to approve the budget amendment of Resolution #04-03. Mr. Tillman seconded the motion that passed unanimously. Chair Heavilin apologized to everyone that she had not introduced Commissioner Ensler, who was in attendance at the meeting. VII. Director's Report Mr. Hutchinson asked for clearer direction on the search for larger office space options for Staff. He discussed 3 potential properties - the Schnars building,~he site next to Captain Frank's Seafood on Boynton Beach Boulevard, and Community Plaza. All three properties are available for lease or lease/purchase. He explained that before he can proceed to the next step with any one of these locations, he would need to know if the Board wants to purchase or be part of a multi-tenant option. A discussion ensued and Mr. Hutchinson was tasked with bringing back options on the Schnars building. Ed Breese, Principal Planner, provided an update on the colors in Corridors. Staff has held a couple of meetings on how to best proceed with paint colors on the major thoroughfares. The City Attorney will be meeting with Staff to review his research. Staff will present this information to the CRA and the Planning and Development Board. Once those Boards provide their approvals, it will be sent to the City Commission for adoption. Staff is also considering options to deal with properties that wish to change their paint scheme after approvals have been provided. Currently, they are only required to go through an administrative review. He clarified that Commissioner Ensler was approving site plans with the caveat that should they decide to change their color, they would need to go back before the Commission for color scheme approvals. All have agreed so far. XI. Board Member Comments None. X. Commission Action None. Xll. None. Legal 7037 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 9, 2004 Xlll. Other Items None. XIV. Future Agenda Items 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) Consideration of Modification to the Direct Incentive Program to include Arts Commission Elements for Incentive Scoring (December) E. Consideration of Options for CRA Office Space (December) Special Meeting on December 6, 2004 to Formally Adopt the Bond Documents. Mr. Hutchinson stated that this item is date certain and requires a quorum. The City Commission, the next night, will pass needed paperwork they need so that the bonds can be issued. He hoped the bonds could be issued before the interest rates started to fluctuate. G. Consideration of CRA Retreat (January) Consideration of Arches Project Site Plan and incentive Amendment (TBD) Chair Heavilin reminded the Board that the CRA Annual Dinner would be held Friday, November 12th. There will be a guest speaker and a slide presentation of before and after pictures on projects the Board members have not yet seen. Staff is holding a Saturday workshop on November 13th to get the community engaged in the trolley system. The purpose of the workshop is to work out exactly where the trolley would stop (i.e. front of the block, mid block, etc.) It would also address advertisers and solicit people's ideas for a smooth rollout of this program. The meeting will be held at the Library from 11:00 a.m.- 5:00 p.m. The Board is not expected to attend. 7038 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida November 9, 2004 XV. Adjournment ,,¢~ ,~ There being no further business, the meeting properly adjourned at 8:57 p.m. Respectfully submitted, Deanna W. Ewing Recording Secretary (111604) 7039 15 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requited CRA Meettn~ Dates Turned Meefin~ Dates [] January 13, 2004 December 30, 2003 (Noon.) [] July 13, 2004 [] Febmm3, 10, 2004 Janumy 27, 2004 (Noon) [] August 10, 2004 [] March 9, 2004 Febra~y 24, 2004 (Noon) [] September 14, 2004 [] April 13. 2004 March 30, 2004 (Noon) [] October 12, 2004 [] May 11, 2004 April 27, 2004 (Noon) [] November 9. 2004 [] 1uae S, 200~ May 25, 2004 (Noon) · De~mber t 4. 2004 NATURE OF ·Consent Agenda [] Old Business AGENDA ITEM [] Director's Report [] New Business DATE: 12/04/2004 Date Final Materials Must be Turned int~o CRA Office Jun~ 29, 2004 (Noon) July 27, 2004 (Noon) August 31, 2004 (Noon) Scpte, mbex 28, 2004 (Noon) October 26, 2004 (Noon) November 30, 2004 (Noon) [] Legal-- [] Future Agenda Items [] Other Item SUBJECT SUMMARY PARAGRAPH: Staffhas produced the Balance Sheet, Income Statement, Budget to Actual Comparison and the Stetement of Cash Flows for the CRA Board Approval. RECOMMENDATION: Staff is recommending the approval of November 2004 Finan¢ials EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) These finaucials are produced monthly for the CRA Board approval. FISCAL IMPACT: All amounts are budget in the 2004-2005 Budget approved by the CRA Board ALTERNATIVES: The alternative is to not approve the financials. Director 7040 C:~Susan_shared fites~memos\CRA A~enda Item Request form - Finaneials.do¢ MEMO TO: CRA Board FROM: Susan Vielhauer SUBJECT: November Financials DATE: December 6, 2004 INCOME STATEMENT NOTES We received $5,024~52 for the month of November in interest from the Money Market Account. BALANCE SHEET NOTES Cash and Cash Equivalents include $21,736.42 operating account, $3,292,974.65 money market account and $500 petty cash. Account Payable expenses of $1,888.47 will be paid in full by December 15th, 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 $5,024.52 in interest. Currently the % of budget remaining should be 16% of the total approved budget. The following categories are below or above the 16% average by 10% or more due to the following reasons: 7041 1. TIF Taxes - Under, due to payments is received in December 2004 through March 2005. 2. Retirement 457 Plan - Under, ~ue to only/one employee is participating at this time. 3. Rent Expense - Over, due to timing of the office move. Staff will be requesting a budget transfer. 4. Legal Expense - Under, due to timing of billings for exiting and new Legal Staff. 5. Lobbying Expense - Under, due to account will be billed as used. 6. Audit Expense - Under, due to one time expense. 7. IT Support - Over, due to quarterly payments. This account is paid until January 2005. 8. Office Leasehold & Moving - Over, due to cost are a one time expense. 9. Bond Insurance - Over, due to one time payment for a full year. 10. Professional Insurance - Over, due to one time payment for a full year. 11. Promotional/Business Meeting - Over, due to trip to Memphis, Tennessee for the Arches Project. 12.Associations Meetings/Seminars - Over, due to IDA Conference. 13. Office EquipmentJFurniture - Over, due to one time expense to move office and set up new positions. 14. Membership/Subscriptions - Over, due to timing of subscription renewals. 15. Office Expense - Under due to timing of purchases. 16. Licenses, Fees, Permits - Under, due to timing of expenses. This expense category will be billed as necessary. 17. Books/Publications - Over, due to timing of purchases. 18.Advertising/Legal Notices - Over, due to timing of Advertisements or Legal Notices placed. 19. Newsletter- Under, due to newsletters are quarterly. Staff is in the process of producing the newsletter now. 20. Miscellaneous - Over, due to CRA contributing to Palm Beach County Days. Staff will be requesting a budget transfer. 21. Debt Services - Under, due to semi-_ar~,~l payments. 22. Transportation/Trolley - Under, due to Trolley Program is being developed at this time. 23. Fa~;ade Grants - Under, due to e'~isting grSnt are not complete at this time. Approved Facade 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 24. 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 25. Projects - Under due to timing of projects. 7043 Community Redevelopment Agency of Boynton Beach Balance Sheet Government Funds Novetnber 30¢E004 ASSETS Total Community Redevelopment Cash and Cash Equivalents Receivables Prepaid Expenses Inventory Fixed Assets Real Estate Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Accumulated Depreciation- Fixed Assets Work in Progress Assets Relax Inn RiverWalk / Promenade / BBB Extension RiverWalk / Promenade / Land MLK Total Work in Progress Assets Furniture / Equipment Accumulated Depreciation-Fum./Equip Total Assets 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 $ 3,315,211.07- $ 2,O77.O0 $ 3,045.33 $ 869,209.96 $ - $ $ $ $ 595,505.60 $ 74,373.90 $ (5,628.50/ $ 4,853,794.36 $ 1,888.47 $ 30,294.60 $ 2,752,345.10 $ 2,784,528.17 $ 2,475,322.89 $ (406,056.70) $ 2,069,266.19 $ 4,853,794.36 7044 September 30, 2004 Revenue Tax Increment Funds Tax Increment Funds: Total Tax ~ncrement 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 ,~ $0.00 $o.oo YTD Current Total $o.oo $o.oo $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $o.oo $0.00 $0.00 $0.00 $0.00 $5,024.52 $5,378.97 $10,403.49 $5,024.52 $5,378.97 $~0,403.49 $4,415.00 $4,415.00 $0.00 $4,415.00 $0.00 $4,415.00 $9,439.52 $5,378.97 $14,818.49 7045 INcome Statement 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 Eiectric Expense Equipment Leases Office Leasehold Improvements Current YTD $0.00 $0.00 $0.00 $0.00 $o.oo $o.oo $0.00 $0.00 $o.oo $o.oo Current Total $0.00 $0.00 $o.oo $o.oo $0.00 $500.00 $26,675.77 $146.80 $48,168.00 $o.oo $0.00 $o.oo $o.oo $o.oo $o.oo $0.00 $4,930.20 $1,250.00 $o.oo $o.oo $o.oo $o.oo $11,000.00 $o.oo $o.oo $500.00 $31,605.97 $1,396.80 $48,168.00 $o.oo $0.00 $0.00 $4-1,000.00 $o.oo $o.oo $75,490.57 $17,180.20 $92,670.77 $166,083.91 $10,004.83 $0.00 $o.oo $o.oo $o.oo $0.00 $1,000.00 $o.oo $0.00 $o.oo $o.oo $o.oo $0.00 $167,083.91 $1 O,O04.83 $o.oo $o.oo $o.oo $o.oo $o.oo $25,054.70 $17,086.58 $177,088.74 $25,054.70 $1,359.03 $264.04 $280.00 $456.71 $132.39 $2,311.12 $71.41 $o.oo $358.46 $55,103.88 $2,504.60 $376.50 $6,000.00 $1,6OO.OO $1,140.66 $448.40 $705.75 $2,275.96 $17,086.58 $1,340.86 $132.02 $200.00 $1,3O6.44 $132.39 $1,214.60 $71.41 $o.oo $o.oo $o.oo $o.oo $195.00 $299.25 $3,200.00 $68.39 $o.oo $19.95 $640.00 $42,141.28 $2,699.89 $396.06 $480.00 $1,763.15 $264.78 $3,525.72 $142.82 $0.00 $358.46 $55,103.88 $2,504.60 $571.50 $6,299.25 $4,800.00 $1,209.05 $448.40 $725.7O $2,915.96 7046 Property / General Insurance Bonding Insurance Professional insurance Promotional / Business Meeting CRA Meeting / Presentation Association Meeting Mileage & Delivery Services Car AHowance 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 $72.77 $145.54 $12.24 $12.24 $24.48 $206.66 $146.52 $353.18 $2,134.52 $656.42 $2,790.94 ~ $0.00 ~ $0.00 $0.00 $4,436.92 $128.96 $4,565.88 $272.81 $0.00 $272.81 $427.89 $281.09 $708.98 $1,896.31 ($152.60) $1,743.71 $27.50 $0.00 $27.50 $5,020.28 $995.00 $6,015.28 $53.95 ($29.42) $24.53 $181.98 $1,116.00 $1,297.98 $624.83 $17.09 $641.92 $1,006.59 $0.00 $1,006.59 $190.00 $0.00 $190.00 $1,739.00 $0.00 $1,739.00 $100.08 $0.00 --$100.08 $0.00 $0.00 $0.00 $2,500.00 $0.00 $2,500.00 $435.75 $118.34 $554.09 $62.69 $0.00 $62.69 $121,846.38 $29,269.30 $151,115,68 $222,391.65 $63,536.08 $420,875.19 ($212,952.13) ($58,157.1tI ($406,056.70/ 7047 Budget to Actual Comparison November30,2004 nning Balance Revenues TIF Taxes Bond Proceeds Grant Funding Interest Income Other Income Total Revenue Expenditures Peraonel Cost Salary Expense Payroll Taxes Retirement 457 Plan Short Term / Long Term Disability Workers Comp Health Insurance Life insurance Total Personel Cost Professional Services Legal Lobbyin9 - State & Federal City Staff Contracted Services · Audit I.T. Support Total Professional Services Office Rent Expense Maint. & Cleaning .Leasehold & Moving ~ Expense Office Total Equipment Leases Expenses Bond/Liability Insurance Professional Insurance travel / Entertainment Expense CRA Meeting / Presentation Association Meetin9 & Seminars Mileage & Delivery Services Car Allowance- Director :~h~l ce Supplies Office Equipment & Furniture Office Expense Office Supplies 'oral Office Supplies Memberships, S ubscHptlons Books & Publicatfon 'Oral Licenses, Books, Publication ~dvertlsing & Public Notices tinting Expense C rinting dnting - Annual Reports, Brochures otaJ Office Printing Expense Community Redevelopment Agency of Boynton Beach Amended Year To Current YTD 04/05 % of 2004/2005 2004/2005 Date Pedod Totals Including Budget Budget Bud~]et Budget Totals November Current Month Rernainin,~ Remainin~ 2,911,982.00 3,668,203.00 3,668,203.00 3,522,483.91 3,668,203.00 3,467,422.00 3,467,422.00 0.00 0.00 0.00 3,467,422.00 100% 0.00 17,716,868.00 0.0(~ 0.00 0.00 17,716,868.00 0% 33,548.00 195,215.00 5,378,97 5,024.52 10,403.4g 184,811.51 95% 304,604.00 304,604.00 0.00 0.00 0.00 304,804.00 0% 6,717,556.00 25,352,312.00 , 3,673,581.97 3,527,508.43 3,678,606.49 21,673,705.51 223,566.00 258,566.00 17,086.58 25,054.70 42,141.28 216,424.72 84% 16,767.00 19,392.00 1,340.86 1,359.03 2,699.89 16,692.11 86% 11,178.00 11,178.00 200.00 280.00 480.00 10,698.00 96% 2,038.00 2,468.00 132.02 264.04 396.06 2,071.94 84% 1,824.00 2,280.00 768.28 0.00 768.28 1,511.72 66% 23,852.00 29,815.00 1,214.60 2,311.12 3,525.72 26,289.28 88% 861.00 1,031.00 71.41 71.41 142.82 888.18 86% 280,086.00 324,730.00 20,813.75 29,340.30 50,154.05 274,575.95 98% 75,000.00 175,000.00 0.00 2,504.60 2,504.60_ 172,495.40 99% 0.00 30,000.00 0.00 0.00 O.Od 30,000.00 100% 7,500.00 7,500.00 0.00 358.46 358.46 7,141.54 95% 220,000.00 505,233.00 0.00 55,103.88 55,103.88 450,129.12 89% 8,500.00 8,500.00 0.00 0.00 0,00 8,500.00 100% 18~000.00 20,415.00 299.25 6,000.00 6,299.25 14,115.75 69% 327,000.00 746,648.00 299.25 63,966.94 64,266.19 6821381.81 91% 19,200.00 19,200.00 3,200.00 1,600.00 4,800.00 14,400.00 75% 4,100.00 4,100.00 195,00 376.50 571.50 3,528.50 86% 750.00 3,942.00 640.00 2,275.96 2,915.96 1,026.04 26% 8,500.00 8,500.00 68.39 1,140.66 1,209.05 7,290.95 86% 2~160.00 2~160.00 0.00 448.40 448.40 1,711.60 79% 34,710.00 37,902.00 4,103.39 5,841.52 9,944.91' 27,957.09 74% 4,500,00 4,500.00 19.95 705.75 725.70 3,774.30 84% 2,051.00 2,051.00 214.34 0.00 214.34 1,836.66 90% 400.00 400.00 370.69 0.00 370.69 29.31 7% 4~049.00 4,049.00 2,480.00 0.00 2,480.00 1,569.00 39% 6,500.00 6,500.00 3,065.03 0.00 3,065.03 3,434.97 53% 0.00 4,500.00 656.42 2,134.52 2,790.94 1,709.06 38% 0.00 2,150.00 0.00 0.00 0.00 2,150.00 100% 0.00 11,222.00 128.96 4,436.92 4,565.88 6,656.12 59% 1,080.00 1,080.00 0.00 272.81 272.81 807.19 75% 3~708.00 3~708.00 281.09 427.89 708.98 2,999.02 81% 4,788.00 22,660.00 1,066.47 7,272.14 8,338.61 14,321.39 63% 0.00 13,427.00 995.00 5,020.28 6,015.28 7,411.72 55% 1,500.00 t,500.00 0.00 27.50 27.50 1,472.50 98% 9,500.00 9,500.00 -152.60 1,896.31 1,743.71 7,756.29 82% 11,000.00 24,427.00 842.40 6,944.09 7,786.49 16,640.51 68% 1,250.00 1,250.00 -29.42 53.95 24.53 1,225.47 98% 3,984.00 3,984.00 1,116.00 181.98 1,297.98 2,686.02 67% 1,000.00 1~000.00 17.09 624.83 641.g2 358.08 36% 6,234.00 6,234.00 1,103.67 860.76 1,964.43 4,269.57 68% 1,500.00 1,500.00 0.00 1,006.59 1,006.89 493.41 33% 0.00 3,000.00 0.00 190.00 190.00 2,810.00 94% 2,500.00 2,500,00 0.00 100.08 100.08 2,399.92 96% 2,500.00 2,500.00 _ 0.00- 0.00 0.00 2,500.00 100% 0.00 15~000.00 0.00 1~739,00 1,739.00 13,261.00 88% 5,000.00 20,000.00 9.00 1,839.08 1,839.08 18,180.92 91% 1,000.00 1,000.00 '7048 0.00 2,562.69 2,562.69 -1,562.69 -156% Debt Service Principal Payment Interest Expense Debt (P&I) Budget to Actual Comparison Amended Year To Current YTD 04~05 % of 2004/2005 2004/2005 Date Pedod Totals Including Budget Budget Budget Budget Totals November Current Month Remainin~ Remainir 134,925.23 134,925.23 0.00 0.00 0.00 134,925.23 100% 1821372.73 182,372.73 0.00 0.00 0.00 182,372.73 100% 0.00 429,308.00 0,00 0.00 0.00 429,308,00 100% Total Debt Service 317,297.96 746,605.96 0.00 0.00 0.00 746,605.96 100% 990,615.96 1,946,706,96 31,313.9~[ 118,690.78 '~ 50,004.69 '[,776,702.27 Operating Expense 7049- 2004/2005 Budget r RAMS .'~lts Update/Expansion 5,000.00 Police 350,000.00 Transportation / Trolley 471,966.00 Assembly & Redevelopment 0.00 Single Family Resldental 0.00 Festivals/Events/Dec/Bus. Program 5t ,025.00 Far, ads Grants 115,000.00 EconomlcDevelopment Grants 85,000.~0 PROJECTS CRA Office Space 0.00 BBB/Land/Rlverwalk / Promanade 2,910,492.00 HOB Commercial /Improvements 684,457.00 Way-Finding SIgnage 0.00 Marina Parking Garage 750,000.00 Town Square Project 0.00 Savage Creatures Complex 0.00 Miscellaneous ProJects 0.00 TOTALS EXPENSES 6,422~555.96 Total Reserve Balance Before Debt 295~000.04 Reserve Balance 250,000.00 TOTAL RESERVE BALANCE 45,000.04 Budget to Actual Comparison Amended Year TO Current YTD 03/04 % of 2004/2005 Date Pedod Totals Including Budget Budget Budget Totals November Current Month Remalnin~l Remainin~ 19,378.00 0.00 500.00 500.00 18,878.00 557,368.00 4,930.20 74,013.77 78,943.97 478,424,03 471,966.00 . 1,250.00 146.80 1,396.80 470,569.20 90,000.00 0.0~~ 0.00 0.00 90,000.00 100,000.00 0.00 0.00 0.00 100,000.00 66,025.00 0.00 43,753.00 43,753.00 22,272.00 181,118.00 11,000.00 0.00 11,000.00 170,118.00 185,000.00 0.00 0.00 0.00 185,000.00 97% 86% 100% 100% 100% 34% 94% 100% 150,000.00 0.00 0.00 0.00 150,000.00 5,535,172.00 1,000.00 166,083.91 167,083.91 5,368,088.09 2,000,000.00 101,603.95 63,737.90 165,341.85 1,834,658.15 58,465.00 0.00 0.00 0.00 58,465.00 750,000.00 0.00 0.00 0.00 750,000.00 50,000.00 0.00 0.00 0.00 50,000.00 175,000.00 0.00 0.00 0.00 175,000.00 55,000.00 0.00 0.00 0.00 55,000.00 12,390~198.96 151,098.06 466~926.16 618~024.22 11,752~174.74 12,962~113.04 3r522~483.91 3,060r582.27 3,060~582.27 503,527.00 0.00 0.00 0.00 12,458,586.04 3,522,483.91 3,060,582.27 3,060,582.27 100% 97% 92% 100% 100% 100% 100% 100% 7050 BEGINNING CASH BALANCE 'ENUES interest Income Total Interest Income TOTAL REVENUES EXPENDITURES Salaries Expense Susan Vielhauer Nicole Monet Fenton Annette Gray Douglas Hutchinson Susan Vie~hauer Nicole Monet Fenton Annette Gray Douglas Hutchinson Susan Vielhauer Nicole Monet Fenton Annette Gray Douglas Hutchinson Texas Child Support Unit Texas Child Support Unit Texas Child Support Unit 941 Payroll Taxes November 942 Payrorl Taxes November Total Salaries Expense Health Insurance Expense Aetna Health Insurance Comp Dent Aetna Health Insurance Total Health Insurance Expense Short Term/Long Term Disability The Principal Financia~ Group - October The Principa~ Financial Group - November 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 PA 'r"tal Professional Fees - Legal ~-sslonal Fees - Contracted , he RMPK Group The RMPK Group The Angell Pension Group RBC Dain Rauscher City of Boynton Beach - Appraisal Services Total Professional Fees - Contracted STATEMENT OF CASH FLOWS $ 5,024.52 $ 5,024.52 $ 1,544.02 $ 936.46 $ 1,345.63 $ 2,005.65 $ 1,544.02 $ 1,044.50 $ 1,345.63 $ 2,112.38 $ 1,544.02 $ 883.48 $ 1,345.63 $ 2,112.38 $ 461.54 $ 461.54 $ 461,64 $ 2,433.62 $ 2,263.49 $ 1,711.47 $ 39.36 $ 1,711.47 $ 132.02 $ 132.02 $ 71.41 $ $ 200.00 $ 200.00 $ $ 2,504.60 $ 39,000;00 $ 439.5O $ 187.50 $ 7,015.33 $ 9,500.00 $ $ 23,845.53 $ 3,462.30 264.04 71.41 400.00 2,504.60 56,142.33 $ 3,777,294.87 $ 3,782,319.39 7051 Professional Services - City Clerk City of Boynton Beach Total Professional Services - City Clerk Professional Fees - Maint. & Cleaning Delray Fire Extinguisher Service Green Team Pest Addotta Air Conditioning Royal Office Cleaning Total Professional Fees - Maint. & Cleaning Professional Fees - iT Services City of Boynton Beach Total Professional Fees - IT Services Rent Leon Struck Total Rent Electric FPL -September/October FPL -October/November Total Electric Telephone FDN - OctobedNovember FDN - November/December Bell South -November Bell South -October Cingular Wireless Total Telept~one Expense Promotional/Business Meetings Suntrust Vise Business Meeting Petty Cash Business Meeting Total Promotional/Business Meetings Membership/Subscriptions/Fees Downtown Idea Exchange Frorida Trends Total Membership/Subscriptions/Fees Equipment Rental Imagistics - October Imagistics - November Total Equipment Rental Advertising The Palm Beach Post Total Advertising Seminars/Career Development Al DeMarco ULI Palm Beach County Days Suntrust Visa iDA, FRA, ULI Petty Cash IDA Conference Steve Myott Total Seminars Mileage & Delivery Fed Express Fed Express Total Mileage & Delivery Printing/Annual Reports Imag/sfics 358.46 $ $ $ $ $ $ $ 31.50 20.00 85.00 2~5.oo $ 358.46 $ 421.50 $ 6,000.00 $ 6,000.00 $ 1,600.00 $ 1,600.00 $ 255.78 $ 192.62 $ 448.40 182.97 282.26 220.00 260.00 67.93 1,153.96 222.48 $ 1,376.44 $ 174.50 $ 14.98 $ 189.48 $ 343.00 $ 343.00 $ 686.00 $ 1,006.59 $ 1,006.59 1,146.60 190.00 2,500.00 3,046.78 139.75 97.98 81.60 115.84 21,79 $ 7,121.11 $ 197.44 7052 ,-,u~ray B~Ueprint Co. City of Boynton Beach Clear Copy Total Printing/Annual Reports ~,ice Expanse Petty Cash - Office Supplies Total Office Expense Office Supplies Aqua Springs Water & Coffee Compliance Service Department Pitney BOwes Office Depot Office Depot Total Office Supplies Office Equipment Office Depot Office Depot Office Depot Dell Marketing LP 'oral Office Equipment ~ffice Leaseho d improvement/Moving Communications Services of SF Communications Services of SF A-1 Sun MOVers Petty Cash -Moving of office Boca Telephone ,Boca Telephone I Office Supplies t /rice Leasehold Improvement/Moving ;tivals/Events/Bus. Progams Sponsorship and State of CRA 3entron Personalized Photography ~Jear Copy lenvenuto Restruant ?/nary Solutions 'lScovery Travel oliday Inn Catalina ~ty of Boynton Beach. Holiday Decorations )ynton Beach City Library ty of Boynton Beach - Heritagefest Committee )DA Grant Programs ' Program ~cial Products Group ~e MOOre Rent of Boynton Beach Police "Phone ,E~,/g.ht Fire Equipment , r"olice Supply/nc -'ord i, rogram snsi°n/Riverwalk/Promenade ~rdt Construction, Inc B Extensi°n/River'walk/Promenade $ $ $ $ 146.80 23.75 54.54 1,739.00 37.87 $ 27.50 $ 48.90 $ 42.24 $ 828.39 $ 696.26 2,277.08 246.37 2,326.83 1,056.48 190.00 340.00 845.00 87.16 317.50 127.50 475.00 $ (4,415.00) $ 300.00 $ 345.00 $ 3,955.00 845.00 368.68 164.32 4,190,00 12,500.00 12,500.00 13,000.00 104.91 920.00 1,120.00 21,139.63 45.88 1,348.00 1,896.00 56.35 4F,338.00 $166,083.91 $ 1,643.29 $ 73,968.77 7053 Web Development & Implementation Jack of Arts Total Web Development & Implementation HOB Pinnell Survey Inc Goren, Cherof, Doody & Ezrol PA Goren, Cherof, Doody & Ezrol PA John Dimke - Relocation Reimbursement Keith N Schnars PA A Quick Board Up The Urban Group Lawson Valuation Group, Inc Palm Beach County Tax Collector Villa & Sons City of Boynton Beach Utilities City of Boynton Beach Utilities Total HOB TOTALEXPENDITURES TOTAL REVENUES OVER EXPENDITURES $ $ $ $ $ $ $ $ $ $ $ $ 500.00 325.00 4,483.25 1,1q4.45 5,000.00 9,500.00 790.00 37,483.37 3,700.00 846.99 185.00 260.55 59.28 $ 500.00 $ 63,737.89 $ 467,108.32 $ 3,315,211.07 7054 HI-TECH ROOFING & SHEETMETAL, INC. 2266 4TH AVE NORTH LAKE WORTH, FL 33460 561-586-3110 561-586-5198 Fax 6?' Bill To WELCH PLASTERING 716 NE 3RD STREET BOYNTON BEACH, FL Invoice Date 7126/2004 Invoice 5718 Description COMMERCIAL RE-ROOF- Installation of Mansard roof P.O. No. Qty 7056 Term~ Due on receipt Rate 3,600.00 Project Amount 3,600.00 Total Payments/Credits Balance Due $3,600.00 $3,600.00 WAIVER AND RELEASE OF LIEN UPON FINAL PAYI ENT The undersigned lienor, in consideration of final payment made in the amount of $3,600.00, hereby waives and releases its lien and right to claim a lien for labor, services, and / or materials furnished to Welch Plastering on the job of Welch Plastering described property: 716 NE 3RD STREET BOYNTON BEACH, FL 33408 Dated this 28TM day of JULY, 2004. Hi-Tech Roofing & Sheetmetal, Inc. 514 S. East Co~st Street Lake Worth. FI 3,3460., ¥i'cl~el E~alby,ldSresident State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this 28th day of JULY, 2004, by Michael Daley, President of Hi-Tech Ro..ofing & S~eetmetal, Inc., who is personally known to me and who did take an oatl~. ,~lotary Public State (~//Ftorida ........ /Printed Name: JENNA MORGAN II A,~--.. ~ I~e~l t~ SEAL I1~'~ MY ~MMI~ION * DD ~61~ 7057 ]! Kay Welch 717-1 Ne I2th~rrace Boy,on Beach, FL 33435 AMTRUST BANK a division of Ohio Savings Bank Monday, August 09, 2004 Re: Account #780043394 Dear Kay Welch: Enclosed is a copy of the check you requested on the above referenced account. At AmTmst Bank, customer service is our primary goal and we are happy to assist you. AmTrust Bank offers a variety of products and services. To obtain information on or assistance with our other products and services, please call our Customer Contact Center, ~toll free, at 1-888-696-4444, or en Espafiol, at 1-888-696-4443. Our Personal Banking Specialists are here to help you 24 hours a day, 7 days a week. We appreciate the opportunity to serve you, and will do everything possible to meet your needs. Sincerely, J-asmina Maricic Action Representative Enclosure Alternative Banking Department - P.O. Box 9/[647 - Cleveland, Of/lo - 44101-8507 7058 wc~:006s (Rev. 03/31/2003) Page 1 of 1 OHIO SAVINGS BANK Account: Name: Address: JAMES D WELCH JR 717-1 NE 12 TER BOYNTON BEACH FL 33435 08/09/04 780043394 The image shown below represents an official copy of the original document as processed by our institution 522 07/13/04 71462480 3600.00 7059 http://intracheck/dsi-birddsigtwy.dI1/print?20040713--71462480XDAEEOBOE.htm 8/9/2004 Welsh Plastering Before Welsh Plastering During Welsh Plastering Before Welsh Plastering After Welsh Plastering Before Welsh Plastering AP/er Welsh Plastering Before Welsh Plastering After BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Meeting Dates Turned Meetin~ Dates Into CRA Office [] January 13, 2004 December 30, 2003 (Noon.) [] July 13, 2004 [] February 10, 2004 Janu~y 27, 2004 (Noon) [] August 10, 2004 [] March 9, 2004 February 24, 2004 (Noon) [] September 14, 2004 [] April 13, 2004 March 30, 2004 (Noon) [] Octob~ 12. 2004 [] May 1 I, 2004 April 27, 2004 (Noon) [] November 9, 2004 [] June 8, 2004 May 25, 2004 (Noon) · December 14, 2004 Date Final Materials Must be Turned int~o CRA Office June 29, 2004 (Noon) July 27, 2004 (Noon) August 31, 2004 (Noon) September 28, 2004 (Noon) October 26, 2004 (Noon) November 30, 2004 (Noon) NATUKE OF ·Consent Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: 11/26/2004 SUBJECT SUMMARY PARAGRAPH: First Baptist Church, winch is currently located at 301 N. Seacrest Boulevard, is currently completing a $5 million renovations to construct and new worship center and upgrade the property. First Baptist Church has chosen the paving portion of the project for which to apply for the Faqade Grant. Since the CRA Board saw and approved the renovation of the First Baptist Church extension in July 2004 a contractor was selected for the project. For this reason the only written estimate for this job is the winning bid sheet from the Contractor, which was selected then. Also, enclosed is the project scope, description, ability to pay, color photos and sketches. The paving for the First Baptist Church will cost a total of $136,275.00. Their Fagade Grant request is for $15,000, which is 9% of the cost for this portion of the project. RECOMMENDATION: Staff is recommending the approval of First Baptist Church Fagade Grant request for $ ! 5,000 for the paving of the church parking lot. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) None FISCAL IMPACT: The amount requested is within the Fagade Grant Budget line item ALTERNATIVES: None CRA Staff CRA Director 7064 C:\Susan_shared files~Facade Grant Pictureskfacade grants\CKA Agenda Item Request form - first Baptist Church request.doc Fa~;ade Grant Request for First Baptist Boynton Beach November 26, 2004 7065 BOYNTON BEACH 30 ] N. Seacrest Blvd. Boynton Beach, FL 33435-4069 (561) ,73~5~151 www~flrstboynton, com November 22, 2004 Susan Vielhauer, Controller Bo.vnton Beach Commumty Redevelopment Agency 639 E. Ocean Avenue, Suite 107 Boynton Beach, FL 33435 Subject: Facade Improvement Grant at First Baptist Church Dear Mrs. Vielhauer, About 2 months and 4 humcanes ago, we met and had a nice conversation about the CFA Facade Improvements Grant Program and the church's apphcation for a grant. You gave me the program mater~ls and I am now read)' to apply, but I need your help is handling our unique situation. As you know, we are Spending approXanately $5M to construct a new worship center and dramatically update the properr)'. Aligned with the purpose of the grant program, we are addressing ever~ category_ of ehgible exterior improvements, from painting and hghtmg to ADA improvements. To simplify the application, we have Chosen the paving portion of the project for which to apply. Accordingly', I have enclosed a detail Project Scope description, the w-/nning bid sheet from our contractor and his Continuation Sheet (apportiomment of expenses), 4 pubhc "before" photos on paper aud diskette_ and copies of the original survey as well as the finhl site plan. Please let me know if you would 15ke any additional documentation or explanations to make this complete and successfu/.' We appreciate your assistance on this and your efforts in bean ' .tifying the city.. Sincerely, Robert Baker Building Project Coordinator 7066 Rev. Keith Baker, Worship & Music Rev. Rob Tiros, Youth & Education 2002/2003 FA( ADE IMpROVEmENTS GRANT PROGRAM ' APPLI( ATION FORM Boynton Beach Community Redevelopment Agency Maximum Grant Amount is $15,000.00 (Please Print Or Type Only - Use Additional 8heats If Necessary) APPLICANT INFORMATION Name of Property Owner: First Baptist Church of Boynton Beach,/nc. Address of Property Owner: 301 N. Seecreet B/vd City/State: Zip Boynton Beach, FL Code: 33436 Phone # Day: (560 732-5151 Evening: (561) 732-5151 Legal owners and legal description of the property to be improved (please attach copy of warranty deed and lease, ff applicable): First Baptist Church of Boyrrlon Beach, Inc. is the owner. Properly is Boynton Hi/is, Block A, Lots 100-107 inclusive, all of Lots 123-136 inclusive, and Lot 192. If Different from Property Owner Name of Business: Address of Business: City/State: Phone # Day: Evening: Zip Code: Boynton Beach Community Redevelopment Agency Facade Grant Program APl~ic~on Page 1 of 6 7067 ReaSed 12/10/02 Type of Business: Church Years of Operation: 80 years in Janu, a~.2005 ~ ~ Number of Employees: 6 full & part-time__ Annual Payroll: 2004 budget = $576K Number of Employees residing in Boynton Beach: Membership living in Boynton Beach is PROGRAM GUIDELINES about 400. The following guidelines are intended to inform a potential grant applicant of the extent and scope of the program The purpose of the program is to encourage commercial property owners to upgrade their properties by improving the external appearance of their business and to encourage businesses to invest in their operations. The resu:lt will halt deterioration, stabilize property values, improve and upgrade appearance of the area, and facilitate and encourage redevelopment activity in the target area. The following guidelines are applicable to this program: '3. The program is available only for property located within the Community Revitalization Areas of the Boynton Beach Community Redevelopment Agency (CRA), Note: See attached Fac..ade Grant Area Map. The program is for commercial properties and businesses. The property owner must be the applicant. However, if the property is currently leased to a tenant, then the Application end Agreement must be jointly executed by both the owner and the tenant. Eligible exterior improvements for this program include: · Painting, · Shutters. · Signage (located on the building or the property). · Awnings/canopies. · Doors/windows. · Landscaping around the budding, · Irrigation. · Parking tot re-paving, re-sealing, re-striping · Exterior Lighting. · Patio or decks connected to the building. · Exterior wall repairs (e g stucco, brick or wood repairs and replacement). · ADA improvements. Boynton I~each Communrb/Redeveloprnen~ Agency Facade Gra~l[ Program Page 2 of 6 Rewse,J 12110/02 7068 PROJECT INFORMATION Describe improvements to be done to the property. Attach the following items: · Project work write-up(s) describing in detail the scope of the project, · Plans or sketches if applicable, · Site plan and ptant list for landscape projects, · Third-party cost estimates from three (3) licensed contractors, · Estimated time line, · Evidence of financial ability to pay for the project (approved loan, cash account, line of credit, etc.), · A minimum of four (4) 3" x 5" color "before" photos of the project which must include "public views", _ · Signage design with colors & materials proposed if applicable, · Project color chips / material samples if applicable, · And material specifications. Applicable documents must be attached for the Application to be processed. By signing this Application, I acknowledge that I have received and read a copy of the Program Agreement, and I understand and agree to comply with its content. Witness (Date) Property Owner (Date) (Property owner's signature must be notarized) Witness (Date) Tenant/Business Owner (Date) Boynton Beach Comrnun~ Redeve[opmentAgency Fagade Grant Program Page5 of 6 Revised 12/10t02 7069 CRA Director (Date) STATE OF FLORIDA, COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personafly appeared 1c ,,~ , who is perso to me or produced aa 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 /~J~)/~/'YT~ ,200.~_. My C. ommission Expires: Boynton Beach Communit,j Redevelopment/~ency Fagade Grant Pr~ram ~ge6~6 ReUsed 1~10~- 7070 2002~2003 FA(~ADE IMPROVEMENTS GRANT PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency PROGRAM REGULATIONS 1. The Applicant agrees not to alter, renovate, or demolish the new fac~ade for three years, commencing at the time final inspection by the CRA is completed. If violated by the applicant, the CRA may choose to require grant fund repayment, enforced by property lien. 2. The CRA will consider approval of grants for extedor improvements to a building which does not face a recognized street. The exterior rear of a building facing an alley way will also be considered. 3. A minimum of three (3) inspecti(Jns by the CRA are required. Those minimum CRA inspections are (1) before starting work, (2) dudng work and (3) final inspection. More inspections may be required by the CRA. It is the sole responsibility of the Applicant to schedule inspections with the CRA and City. These inspections in no way are substitutes for required City inspections and compliances. 41 The property owner, or tenant if applicable, must complete the fac..ade improvement project within six (6) months of the grant award unless the project is approved as a phased project in which case the project must be completed within six (6) months of the commencement of the final phase. Failure to complete the fac...ade improvements in a timely manner will result in the property owner, or tenant if applicable, losing the grant reimbursement opportunity. The Board may consider time extensions. REIMBURSEMENT REGULATIONS 1. This program is designed as a reimbursement grant. That is, all work must be done and paid for by the Applicant, prior to the CRA's funds being released. The CRA will provide reimbursement to the grantee upon submittal of a complete Reimbursement Request and approval of completion by the CRA Board. Boynton Beach Community Redevelopment Agency Fagade Grant Program Agreement Page1 ef2 Revised 12/~8~ completion by the CRA Board. Reimbursement Request shag~ be s,ucmarized in a report and accompanied by proper documentation. Proper documentation will consist of (1) Project accounting including invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid" with a "release of lien" signed by each. Proposals for "work to be completed" or "bids" are not considered proper documentation. Each item will be supported by a canceled check showing the face of the check, as well as the back of the canceled check, (2) the Applicant shall warrant that all bills related to the Project are paid in full including, but not limited to, all contractors, subcontracts, labor, materials, related fees and permits, and (3) the Application for re-imbursement shall provide a minimum of four 3"x5" color "during" photos and a minimum of four 3"x5" color "after" photos of the Project. Photos should be from approximately the same position as the "before" photos submitted in the Application and the "during" photos. The Reimbursement Request from the Applicant shall be submitted no later than the 15~ of the month for consideration by the CRA Board at its next month's meeting. Reimbursement shall be issued ten (10) days after approval. 4. Grant funds will be reimbursed exclusively for eligible work and approved change-orders that have been approved by the CRA. (Date) ' Grantees shall grant the CRA and/or the City of Boynton Beach the rights and use of photos and project application materials. Property Own~!f' t(Da~te) Witness (Date) Tenant/Business Owner (Date) CRA Director (Date) Boynton Beach Community Redevelopment ,~ency Fagade Grant Program Agreement Page 2 of 2 7072 Revised 12/10/02 Warranty Deed And Legal Description 7073 235t E;~o~t. ed th, e )O +-k daf of Su~e~ .~. D. 1.9 60, FIRST BAPTIST CHURCH OF BOYNTON ~-ACH, a Florida corporation, not for profit, ~erei~a/~er called ~e A~or~$~or,¢o BOYNTON B~ACH STATJ~ BA~K, a Florida barking corporation, herinafter called tko ~or~a~ee, consiW, er~iot~ of U~e c~'regc~e S~rr~ n~e~ ~n ~ prom~so~ now u/ v . . w~¢~ hereinafter desorlbed, ~he sa~ ~or~gor ~es gr~n~,~r~n~ ~eH~n/ re~e, ~r~ot of [~nd, of w~iok ~o s~id ~or~or is ~ow 8e~zo~ ~nd pos~sse~, ~ ~ ¢c~ ' Pa~ ~ aoA County, S~e of ~o~d~, deso~od ~ fo~ws: ~s 100 to 104, inclusive, and Lot 129, Block A, ~YN~N HIL~, according to ~he Plat ~ereof on file in the office of the Clerk of ~e Circ~i~ Co~r~ in ~d for Palm ~ach County, Florida, recorded in Pla~ Book 4, page 51, ~ecelvetl ~ ~f,~ ~ c, L~ payment o~ ta×ea on glass "C" Intanglble 70~4 To Have and to Hold tl~. sc~me, ~o~etne, wg¢n ¢~ tenements keredit A~ sa~d ~o~a~or does covenant With Sa' . l~wf~l for a~ ~o~gagee at all ~s peac~bly a~d q~tly W enter ~pon, hok ~es hereby ~lg~ W~a,~.~ ~.~ T~ -~O~Zy Oe required, and th.~ g.;~--;~ ~ S~ Prodded ~ways, t~t if s~ ~ortgagor s~lg pay ~nto tM s~ ~ort a e~ ~i. note m~ ~ e ~e~nt ~7 ~ ~id at ~ t . ~ to ~ a~d e~or~r ~ at ~d o~ ~r~ to w~ oolleot ion~ ~of or not ~ ~a~ att~ , ~d of 5- J* AAAIsoll ~k:l$ Pre~l~el~t. -- and shall perform, comply with and abide by each and eve2vd the stlpzdations, me.ts,, conditions and c~ena~ts o/sa~d ro ' , ..... e an~ ce n~ll and void. ~Y~ bg v~rt~e of said promisor, ~ ~ - d. Zn~res~ ~nd other s~s of ~ys resp~c~ve~ the ~ ~ .. '~ hove aha th~s deed o~. fit~ .... 7 ~oney ........ evera~zy come d~e. , ,~-, ~romp~y on ~. To pay all ~nd singular the ~es as ~d e~o~brances o/eve~ na~r~ .~ ,~;~ ~ sess~ent~, lepse8, liabilities ..~v, per ~. ~ ......... ~e ~/~e/'eof ~t ~he ra~e of 5' 1 7075 ~ "8. To pa~y all, and singular tko easts, ohar~es and expenses, inclu~in~ fees, r~onably ~a~rred or p~ig at a~y time by sa~ ~ortga~ee because of t~ ag the p~rg of ~he sand ~ort~or fo ~erform, comply zoith agd abide by each ~verg the sgp~t~tions, co~d~t~o~ and covenants of sa~ pcom.~ssory note ~gd th, ga deed, or ei~r, a~d ~rery each paU~ea~ shall bear iaterest f~vm, d~te at the rate of 5-~[2 per cent. per ~ ~. To keep t~ b~in~ ~ow or hereafter on said l~nd insured ~n ~ s~m not less ~n ['~ ~O~A~ dollars, in a company or companies to be approved by said ~ort~a~ee, an8 the po~cy or pol~es held by and pgyable to said ~or$g~ee, and in the event any sa~ of ~oney becomes payable ~nder stroh policy or ~folieies, the ~ort~agee shall ~ve the option to receive and apply the sa,~e on account tar indebtedness hereby sectored or ~o permit the &1ortMagor to receive and ~'e at, or any par~ $kereof, for other parposes, wg~hoa~ thereby waivD~ or in~pait~fng any eqn~ty l~e'n or ~ght under or by v~rtu, e of t/~s mori2'afe and ma~ place arid pay for such ~ t~ rate of 5-112 Nec cent. per 5./'~o p~i~, .c~m~t ~ ~ffer no w~te, ~pair,~en~ or dete~oraUon of proper~ or a~y part 6. To perform, comply w~th and abide by each and every the Sitpu~tions, agree- merits, conditions and covenants in sg~ promissory note and in thM deed se~ forth. 7. ff a~y of s~ s~ms of money kerein referred to be not promptly and f~lly paid or ~f each ~nd eve~ $ke st~p~tions, a~eem,ents, coaditbns and covenants of promgsso~ note.and ~h,~a dee~ or e~ther, are not dt~ly performed, ~omplied with and d~e ~ng payable fortgwit~ or t~reafter ~t the opt~ of the .Mortgagee ~ f~lg~ ~n~ .... z~ah~ o~e i~ t~ Said ~re~ate s~m of FOR~ ~0~A~ (~40,000, O0 ] 7076 In Witness ~-hereo£~ tli~ said Jffor~gagor hereunto seal the day a~d year ~rs~ above w~. Si~e& S~ and Delivered in Presence off ,~ Allison Ba~k$, Presi Dale Hatch, Secretary. State o£ Florida, ~ 519 County of PA~ ~ACH, L a~ o~e~r a~thor~ to ta~e ao~owl~me~s o/ deeds aeeord~ ~HY CERT~y ~o me personall~ kno~, t~s day aek~owl~g~ before me ~,~ ~~ut~ tke fore[oin~aaid aak~owled~me~tm°rtga~e' a~ I ~ERto be CER~Fy t~g I know the said ~ne said mortgage. ~D I FURT~R CERT~, that s~ ~f dO~ ~ se~ar ao~pu~io~, aorta train~, apprehe~io~ or f~r of or ~om ~er IN WI~SS W~REOF, I ~ere~gto set mF ~ a~ Expires JV'ottt. rl/ Ptcbl. iq Recorded In Official Record Boo& of palrfl Bench County, Florida J. ALEX ARNETTE CLERK OF CIRCUIT GOURI~ STA~ OF FLORIDA, COUNTY OF PAI2~ ~ACH: I I~P~B~-C~R~IFf, that on t}~ie IO'tLk- da~ of 3~e. A.D.1960, ~fore ~xsonall~ ap~ared, J. A~ISON ~cre~ res~ct~vely of ~.~TIST 0~CH 0F ~N ~A~, a oorpoma- not for profit,~r the laws of ~he State of ~orida, to ~ ~own to ~e ~rsons descried in ~d who executed the foregoing instant B~N ~A~ STA~ ~, ~d ~verall~ ac~tedged ~e execution ~ereof their free ac% ~d deed as ~h officers, for the u~s ~d ~r~ses ~er~n mentioned; and ~ha~ ~ey arri~d thereto ~e o~ficial ~al of said co~a~ion, and the said instr~ent iS the ac~ an~ ~ed 0f ' ..~k?~..~SSS my sinecure and official ~al · ~/~jPa~ ~ach ~d S~a~e of Flori~ ~ ~.~y:7 · .~b~i~zon Exp~re~. 10-16-00 ' 7077 Project Scope And Time Line -7078 CP~ Facade Improvement Gram Application First Baptist Church of Bo.~ton Beach Project Scope A major construction effor~ began at the ch~rch~m the fall of 2003. It includes the construction of a new 29.000 square foot worship '- . ~ · center connect~o'~m/lwavs, fa~cade iraprovements to exis6ng buildings, new parking lots, and ex'tensive improvements to landscaping. A copy of the pm-construction survey is attached, as well as a ske plan showing final improvements. For the purposes of this grant application, a reimbursement is being sought for only a small pomon of the parking lot tmprovement costs. Refemng to the site plan draWing, the folloWing parking lot/pav/ng improvements are bering undertaken: 1) R~noval of aging paved and shell-rock lots that handled about 75 cars: 2) Im-tallation of paved and grass parking for 200 cars, includ/ng 7 handicap spaces; 3) Addition of turn-ins on NW 1't Street and Seacre~t Blvd.; 4) Re~noval of mm-ins on Seacrest Blvd. formerly used for residences on the site prior to purchase by the church; 5) Removal and abandonment ofngmg sewer lines under the propem'; - 6) Upgraaiug ofciD, water and sewer lines through the property, w~ easements transferred to ciR' ownership already; 7) Construction of swale areas and a stormwater drainage system; 8) Construction of sidewalks liniug the perkmeter of the complex. In addihon, we are also a~lding allllOst 100 trees and a complete irrigation system to maintain them,. (beyond the scope of this grant request.) Time Line and Cost Estimate Overall comqtmction began in October 2003 and will be completed m late December 2004 or early January. 2005. As of this date, the paving portion of the project has just been completed_, with additional minor kerns like sidewalk sections, ~tiipi~g, signage, and bumper stops still to come. Since the project is being uhdertaken by The Weitz Company as our Comqtruct/on Manager, the cost es-fim~te for the wlnning'bid among their potential suppliers is included, but other bids were not r~aned at the time of contract siLmin$. The quotation from Hardrives, Inc. far ~xceeds the dogar value of the grant, and the scheduled value for "paVing, walks & curbs" is show~ on November 30, 2003 Continuation Sheet from The Weitz Company. When the work is complete soon. we will show a request for pa.~nent inchcatmg that The Weitz Company has billed for th/s portion, a cancelled check showing that they were paid. and documentary photos. 7079 Plans And / Or Sketches 7080 !1 I '% ~ ,i' ,?j Iii Wdtten Estimates 7083 7085 , INC. QUOTATION June 24, 2003 TO: Name of Project: Plans and Specifications:. The Weitz Company, Inc. Arm: Kris BruneU 560 Village Boulevard, Suite 120 West Palm Beach, FL 33409-1963 First Baptist Boynton Beach Kenneth H, Kruger, PE Final Revision 5/7/03, Sheets C-1 Through C-5 and A5-1 Phone: 561-686-5511 Fax: 561-686--7774 WE PROPOSE TO FURNISH ALL LABOR, MATERIAL AND EQUIPME;',T TO PERFORM THE FOLLOWING: Construction Site Improvement~ as p~r Plans and Specifications and Spedfically Stated Below EartAwork: 1 LS Prepare Building Pad, Spread/Cut Fill from Stockpile Remove Excess Fill, Balance and Fine Grade Entire Sit~ I.a¥ou~ Testinfi & Mobilization: Layout for our Construction Only, Testing & Mobiliza; ;n Sforn~ Drainage: 1 LS Storm Drainage, Water/Fire Line & Sanitary Roof Drainage: 229 43 LF 8" H DPE Roof Drain LF 6" H DPE Roof Drain Pa~infi: 6,300 SY Gra~s Paving: 1" Type S-1 Asphalt (1 Lift Only) on 6" Limerock or Equivalent Baserock Primed on 12" Compacted Subgrzde 12. Stabilized SubBrede with 50 PSI, F.B.V. ~,620 LF 2,988 SF "D" Curb Sidewalk Around Outside Perimeter of Site Only Traffic Markings & Signs: 1 LS Car Stops, Traffic Signs, Directional Arrows, Parking $[alls and Handicap Stencils as Specifically Stated on P~ans 7086 Grand Tot~h First Baptist Boynton Beach Quotation Page2 NO~. This bid excludes demoJition of exi.~Jng struck, utes and slab, U'ee relocaOon, ~ermi~, ~, MI land~plng, mu~ch and cle~;~ o~ e~ng un~ound ~i~l~ s~tems. NO ~ermopl~c stripping inclu~d fin a~ to We~ All c~te fiat w~k ~ be d~e ~ ~e~ ~pt for p~lme~ ~ ~y~ ~ltl ~alt (I U~ includ~ in bid NOT Z' type ~1 in (2 Li~) ~ ~t~ ~ ~eneral ~s and This bid does no~ incl~ dlspo$~J of unsuitable ~ unable material if encoun[er +d. - ~e~Jr wo~ ~ damages ~u~ ~ o~ers will ~ charsed by ~udy ~uipmen~ ?n~l and fair rate. ~is bid includ~ 2' wa~er se~lce ~o me~r box (m~er, in=~ll, RPZ a~ connect~c,~ is by ~is bid inci~s alJ maJn~ance of ~f~c ~1~ turbfdi~y'/si}~ conSoL John~n-Davls, I~. will p/ace flier bbric ancot ~oards on ea~ inlet a5 ~ey are installed. if h~ ~i/i~ie5 exi~ ~ .the water and storm drain conne~ions, (which ~.-~ not iden~'fied on ~e plan) and th~ ~e~veiy }mpa~ ~e conn~on p~oc~; the addRi~al co~ wilJ ~ ~sed on =~ cc~din~y. This bid indu~ fire service to five feet from buildln~ (connexion by fire con~rz ~du~s cluing of ail exis~ ~ems (san~ a~ ~rm d~n). This b~ include5 r~f draina~ to wi~in 5' of ~ building. Connection ~ ~c ~u~ by ~ers. It is understood ~at MI clearing and g~bbing imm~ s~h as r~oval of all ~s(ing aspic con,ere buiidi~ pads, ~fiveway& c~crete curbs, retal~ing wails, lre~, bmsh or sod is ~cluded fr~; :his bid. ff additional work r~um ~ite ~o original ~de, ~a charg~ will ~ a~essed by hourly equlpmen[ 'en~l mle. ~D ~ T~NA~ All 'D' Curb in ~ra~.~rking at~ exdu~d from ~is bi~ If ad~onal ~ 5,~ ~ of asphah is required in pfa~ of the g~s ~rkin~ ama~ .;Ieee ~ase to~l bid amount by uni~ d~cri~ 5 ~ 7 ~ Additi~el ~t ~nera~ & ~uled off-sRe ~ 5 :. 2,500 5Y A~itional ~phaft ar~ (~me spe~) ~ 5 2 ~. ~ 75.00 ~ 3 i ~ Additional dogie ii~ s~lls ~ ~ 653.~ G~ND FOTA[ AD~ S3 ;.580.00 PRICES ARE GOOD FOR 30 DAYS~ EXCEPT AS NOTED IN ATTACHMENT NO. 1. ACCEPTED BY: TITLE 7087 DATE: aig~oug[as, Pr.bject ~fft'nager Color Photos First Baptist Church Before First Baptist Church Before First Baptist Church Before First Baptist Church Before AbilitY to Pay 709] FUND COMMITMENT FORM SCHEDULE A Commitme nt No.: C F - 1131338 Effect ire Date: 06 / 05 / 03 ~l: ~0 . 00 1. Policy or Pollci~ to ~ i~u~: ~ ~ O~'S: ~TA ~e?s Policy (10/17/92) (Ifo~, s~i~) Propos~ ~u~: Agent's File Reference: First Baptist p.m. Proposed Amount of Insurance: $ MORTGAGEE:ALTA ~Policy(l~l~92)(Ifoth~,speci~) $1,500t000.00 Proposedl~umd: Palm Beach County Bank, its successors and/or assigns, as their interest may appear. 2. The estate or interest in the land described or referred to in this commitment is a fee simple (if other, specify same) ant thereto is at the effective date hereof vested in: First Baptist Church of Boynton Beach,' Florida, Inc. 3, The land referred to in this commitment is described as follows: See Exhibit "A" attached hereto and made a part hereof. ISSU~O AGENT THE PALM BEACHES, INC. ATTORNEY OR FIRM OF ATTORNEYS 639 EAST OCEAN AVEN~E SUITE 207 MAILING ADDRr Fund Form CF - SCH. A (Rev. 8/98) [4~ 7O92 26836 AGENT NO. BOYNTON BEACH CITY SIGNATURE FL 33435 ' STATE ZIP BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Reque~e~ CRA Date ~ Ma~erl~ls Muzt ~e Turne~ Rq~ ~ ~ ~ ~ M~ ~ T~ M~ ~C~ ~ C~ ~ ~, 2~4 ~ 30. ~3 ~) ~ J.~y ~3, 2~4 ~ ~9, ~ ~.) F~ 10, 2004 J~ 27, 2~4 ~) ~ ~ 10, 20~ July 27, 2~4 ~) ~ 9, 2004 Fe~ ~4, 2004 ~) ~ S~ 14, 2004 ~ 31, 2~4 ~) ~ 13, 2004 ~h 30, 20~ ~) ~ ~o~ 12, 2004 S~ 28, 2004 ~) May 11, 2004 ~ 27, 2~4 ~) ~ Nov~ 9, 2~4 ~ 26, 2~ ~) ~e 8, 2004 May 25, 2~4 (N~) I ~ 14, 2004 Nov~ 30, 2004 ~) ~A~O~ I C~tA~a ~ Old~s ~ ~ AGE~A ~M ~ Di~'s R~n ~ New B~n~ ~ ~ Agen~ Items ~ ~r Itm DAT~: 12/07/2004 SUBJECT SUMMARY PARAGRAPH: This Grant Program was passed by the Board in October. This Assembly area covers 4.161 acres be{ween 10th and 12th on North Federal Highway. These applicants are very enthusiastic about the self-assembly process and are anxious to move forward. RECOMMENDATION: Staff has reviewed all Grant Applications and recommends approval of the North Federal Highway Area Assembly Grants. The CRA matching funds are $ 4,550. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) Each applicant has provided their matching checks in the amount of $ 4,550 and'is ready to proceed. FISCAL IMPACT: Budgeted Item. ALTERNATIVES: ^ No~ n-~q:~val. [I ~ . ~ Director Nicole's Shares R:~,~wno's~CRA Agenda Item Request N. Fed Grants 12_04.doc September 14, 2004 Ms. Barbara Bradshaw 658 Manor Drive Boynton Beach, Florida 33435 INC. Boynton Beach CRA Folio Number: 08434522080000170 and O 08434522000030033, 0032 and 00~ .... Property Owner: Barbara Bradshaw BoTnton Beach, Florida Dear Ms. Per thc mm'ual request of the Boynton Beach CRA and yoursclt~ we have reviewed the aenvery otme appratsal report. Based on our remew, we have-mimm,t~"~misal fee of $2,500 for this property and per our discussions with Mr. Doug HutcMnmn; the fee will be split between the property owner and the Boynton Beach CRA. As you arc aware, we are c°mpleting a series of appraieals on this project and the report will be completed within the time flame of three to six weeks after the execution of this contract. As part of the appraksal assiEi~¢nt, we will address the market value of the property at eventual developer of the assembled tract of land. Please execute this letter as notice to proceed With thin assiEnrnent~ Also please provide us with your contact information so we can schedule the inspection of your property: Thanlr~ for considering us for thio assignment. State Certified General 1LE. Appraiser # 001270 Conditions Accopted-(Both Parties Need to Execute) By: Property Owner Boynton Beach CRA Barbaiu Bradshaw Doug Hutchinnon Phon~r~# ~7~t~ - q ~- .a;~,4 ~ .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 2004/2005 ASSEMBLY & REDEVELOPMENT INCENTIVE G RA~I-T PROGRAM PROGRAM ~GREEMENT Boynton Beach Community Redevelopment Agency THIS IS AN AGREEMENT, entered into this '?jl~Yt~-I day of ~, between the Bo..y~).h/or~n/~ ~pment Agency, hereinafter referred to as CRA and . _ _ . . , a Property Owner (s), hereinafter referred to as the applicant. PROGRAM AGREEMENT 1. Term: TI-ia 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. 2. 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. tf grants are not extended and applicants to r~t 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 defaulti_ng sub-applicant (s) by the CRA. 5. CRA acknowledgement of Funding: The .Applicant will acknowledge the CRA's participation in the Assembly & ~Redov~lopment Project, That acknowledgement shall B0ynton Beac-t~ Cor~mu~nity R~levelopment ,~gancy 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: App~i~,ants taus} 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 'W'. 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 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. Boynton Beac~ C(~r~mu~ity R .edev61opment,e~g~ncy 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) Applicant (D 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 ~¢t r'._.~,LV-O- ~v~& ~cO , who is personally known to me or produced hix,./jL~ L'~c.~.~-{:~ 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 /..)o-,/~2~.~,~r~_ , 200!. NOTARY PUBLIG~an [/" eJ ~ Mk~YCommission Expires: ~J~ ~ /7--O0'7 Boynton Beao~ C0~mdnityR _edeV61opment ~gency Assembly & Redevelopment Incentive Grant Program Agreement Page 3 of 5 Revised 08/04/04 EXHIBIT "A" PROJECTINFORMATION Name of Representative of Applicant(s)/~~ ~~ Address: Address: ~ mS'~ ~ t~)~_ '"'~1 City, State:~)Oq~l,~ ~ ,~ Zip C~e: Phone ~ Day:~ ~) n~- ~ { ~ Evening: E-Mail: Survey r"l Site Planning, Engineering an~or Architectural [] Appraisal Legal [] Feasibility Study [] Other [] Description of the Assembly & Redevelopment Project Boynton Beach Co~muhity Re~l_ eve]opment A~ency Assembiy& R~levelopment incentive Grant Program Agreement Page 4 of 5 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 projec~-- · 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- Comrnahity E~eve~lopment A~ncy Assernbty & Redevelopment Incentive Grant Program Agreement Page 5 of 5 Miller QI)ALIFIC.~TION$ ROBERT D. MILLER, ASA EDUCATION: PROFF. SSIONAL A~FILIATION: LICEt~SED: QUALIFIED AS EXPERT WITNESS FOR: HAS COMPLETED: Saaior Member of Amerioan Society of Appraher~ Flor/da Chapter No. 82 -Accredited Sealer Appraiser (ASA) Propmy Urban ~ E~at~ Brokor- State of Florida Certified Oe~eral Real F~'*~ Appraiser ~4000! 270- Stat~ of Florida 1995-Preset 1993-1995 197B-1993 1987 Rea/Estate App~ Owner Appraisal Firm Vice President-The Urb~m Oroup, Inc. Ro~l Property Analy~s, Inc., For~ LaaderdaJe, Flarld~ Rxecustive Vice President Involved in United Sta~es $~nm~ Study Right-of. Way Acquh/t/on Pro~dure~ Condemnation proceed/ag in Lake,/r~nkzk~ Cook and DuPage Co~ti~, II~nols and Broward, Dado, Monroe, Pa~n Be~oh and Duval Count/e~, Florida. Testified/n Bm~kruptcy Court/n Flor/da ~nd Ter~ Counseling Acqtds/tion projects Income tax analysis Inves/ment analysis Tax nssessm~ts ROW Cost Analysis Special as~ne~ts Spec/d MILLER APPRAISAL GROUP INC. Mov 03 04 04:ESp Robert Miller DEPA.~I'M]I~,IT O~ Bl~'~Z~glg ~ID.~ROF~s~ZC~G~T.~ RB~u~q'ZON leON~O~ 8T, TAL~gBEE p.3 850-489-1395 MZLLE~, ~OB~RT D J~ 3665 NW 124TH*AVE CO~:~L 81:~Z~B ~ 33065-2&45 A~072972] DETACH HERE · 'l~e C'gI~TTFZ~D Named * below Z~. the prov~sions gxp~'r&tion date: NO?' 30. ~ILLI~, ROBERT D* J~ 665 ~r Z24'Z'H AVE C OP.,.~T., 81~AZZ~31~ Mov 03 04 04:23p Robert Miller AGENCY BRANCK ~ea~ Es~a~e Pro£esstonale ' Decla~a~ions 07B99O g69 RNP 2-7605905-9-04 Continental Casualty Company CNA Plaza, Chicago, IL 60685, A Stock Insurance Company. Miller Appraisal Group, Inc. 366§ NW 124th Avenue Coral Springs , FL 33065 NOTICE TO POLICYHOLDERS: The Errors and Omissions Liability Coverage afforded by this policy is on a Cia/ms'Made basis. Please review the ~olicy carefuli~ and discuss this Coverage with your insurance agent or broker. ~ 2. IW~T~IiC~: InceDtion: 03/20/04 'Expiration: 03/20/05 at 12:01 A.M. Standard Time at Four address shown above. 3. E~ES A~D O~;,~XO)l~ L~: A. L~ts of Li~iltty: Sa~ Cla~: $500,000. Ag~eqate: ~. Loc~ox L~it of Li~ilit~: (S~L~T INCL~ED WITHIN T~ LIMITS OF LI~ILZ~) C. Discri~ua~on L~!ts of Li~illty D. Deductible: First Coverage Date: 4. PREMIUM: 03/20/04 Each Cla/m: $500,000. $50,000. $0. $5,000. $566.00 G-128413-B (~D. S/0~) I12613B~B021013 ountsr~igned by Authorized Representative - 1- Hov 03 O~ 0~0~ Robert Hillsr VARIOUS CLIENTS'OVER TI-I~ pAST TEN YEARS FRIVATE A~FORNEY MORTGAGE ALTMA~ D~_,VELOPM~NT CORPORATION BELLSOUTH MOBILITY CLEAR CHANN~ OUTDOOR ~ HOME~ PRIbffiCO THE TA~ COMPANY ONITI~D HOMES MILLER APPRAISAL GROUP INC. Mov 03 04 04:30p ~o~ert Miller BROWARD COUNTY BROWARD COUNTY SCHOOL BOARD CHARI~"~-i ~ COUNTY CITY O~ CORAL SPRINOs CITY OF FORT LAUDERDALE CITY OF FORT MYI/RS CITY OF HALLANDALE BBACH CITY OF HOLLYWOOD CITY OF LAUDBRD~t .u LAKBS CITY OF KEY Wh-'ST Cf£Y OF MIAMI SPRINGS CITY OF POMPANO BBACH ~ CITY OF SUNRI~ FLORIDA DEFAR'I'MI~q~ OF TRANSPORTATION PALM BI~CH COUNTY SCHOOL BOARD SOUTH FLORIDA WATER MANAGEMEVI' TOWN OF DAVIE US DI~I'ARTMI~IT OF HOUSINO & U~BAN DEVELOPMENT MILLER APPRAISAL GROUP INc. September 14, 2004 Mr. Jason Bradshaw, et al 1088 Wildwood Avenue Daly City, California 94015 INC. Boynton Beach CRA Folio Number: 08434522000030080 Property Owner: Jason Bradshaw, et al Boynton Beach, Florida Dear Mr. Bradahaw: Per the mutual request of the Boynton Beach C..RA a~/,~urself, we have reviewed the above referenced property for the purpose of~lfia appraisal fee..~ to determine a delivery of the appraisal r.~rt. Based on our review, we have-~i~i~git~'an appraisal fee 0f $500~or _tl~' .~?,~ff"al~d per our discussions with Mr. Doug Hutchlmon; the fee will,be split ~e'p~operty owner and the Boymon Beach CRA. As you are aware, we are completing a series of appraisals on thi~q project and the report will be completed within the ~ frame of three to six weeks after the execution of this contract. As part of the appraisal assi~gnm~t, 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 asslLmment. Also please provide us with your contact information so we can schedule the inspection of your property: Thank.~ for considering us for this assiLmment. State Certified General R.E. Appraiser # 001270 Conditions Accepted-(Both Parties Need to Execute) By: Property Owner Boynton Beach CRA on Bradshaw Phone Doug Hutchimbn Phone # 561-73%3256 3665 N.W. 124TH AVENUE · CORAL SPRINGS, FLORIDA 33065 PHONE: 954-575-2399 · FAX: 954-252-4504 o EMAILi RMAGINC@AOL.COM BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA' Date Final Materials Must be Turned into Meetin~ Dates Turned Meeting Dates CRA Office into CRA Office [] January 13, 2004 December 30, 2003 (Noon,) [] July 13, 2004 June 29, 2004 (Noon) [] February i0, 2004 January 27, 2004 (Noon) [] August 10, 2004 July 27, 2004 (Noon) [] March 9, 2004 February 24, 2004 (Noon) [] September 14, 2004 August 31,2004 (Noon) [] Ap~l 13, 2004 March 30, 2004 (Noon) [] October 12, 2004 September 28, 2004 (Noon) [] May l 1, 2004 Apti127. 2004 (Noon) [] November 9, 2004 October 26, 2004 (Noon) [] June 8, 2004 May 25, 2004 (Noon) · December 14, 2004 November 30. 2004 (Noon) NATURE OF · Coment Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: 11/26/2004 SUBJECT SUMMARY PARAGRAPH: On July 14, 2004 the CRA Board approved a Fagade Grant request fi:om Welsh Plastering for $1,800.00. This Fagadc Grant request was for the removal of existing shingles on the mansard and the installation of Hanson Hacienda "Coronado" Roll time on the front of their building. Today Welsh Plastering has completed the mansard and is requesting the reimbursement for their Fagade Grant request of $1,800. Attached is the thvoice, cancelled checks and pictures fi:om their project. RECOMMENDATION: Staff is recommending the approval of Welsh Plastering's Fagade Grant re/mbursement request of $1,800. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) None FISCAL IMPACT: The amount requested is within the Fagade Grant Budget line item. ALTERNATIVES: None CRA Staff ~ D~gl~Hutckinson, CRA Director CASusan_shared files\Facade Grant Plctures~facade grants\CRA Agenda Item Request form - welsh plastering reimbursement.doc 200412005 ASSEMBLY & REDEVELOPMENT INCENTIVE GRA~T PRQ,GRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency THIS IS AN AGREEMENT, entered into this ~ day of ~,°~l~/etween the Boynton Beach Community Redevelopment Agency, hereinafter referred to as CRA and ._-~<o.~, .,"~.-._~,_.4~'~.Z. v-,' i a Property Owner (s), hereinafter referred to as the applicant. PROGRAM AGREEMENT 1. Te,,,,; The property owner(s) must complete the survey, initial site planning, appraisal, and legal and/or feasibility study Within six (8) 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. 2. 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. 5. CRA acknowledgement of Funding: The Applicant will acknowledge the CRA's participation in the Assembly_& P, edeVelopment Pr_oject.::That acknowledgement shall B0ynton BeachCommunity Redeve~)pment Agency . Assembly & Redevelopment Incentive Grant Program Agreement Page I of 5 be defined in the application and approved by the CRA Board prior to funding. No Guarantee for Funding: Appltcants 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 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, Flodda Statutes, be waived. This paragraph shall survive the termination of the Agreement. Boynton Beach Community R*idevdlopment Agency , Assembly & Redevelopment IncenlNe Grant Program Agreement Page 2 of 5 Revi~ed 0~/04/04 I~'"1 { } 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 ~%~-~"~'> ~- 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 '"~ ~, $ I~ ~ C~. %~,cL~5'~.k~, who is personally known to me or produced ~'~.~-~-{~:~,~h~)~,{ ~.r~ [-~-~*~-~-~s identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this \ ~ J~ day of ~ o_~.~ ,200___~. NOTARY PUBLIC--My Commission Expires: O~. \o~ Boynton Beacb~Co~muhity Recievetoprnent A~ency Assembly& Redevelopment incentive-Grant Program Agreement ' Page 3 of 5 Revieed 08/O4/O4 EXHIBIT "A" PROJECTINFORMATION Name of Representative of Applicant(s):~ ,'~A~ 0~..~ Address: C "y' State~)q k..t~t'J ~, Zip Code: Evening: E-Mail: Survey Legal O Site Planning, Engineering and/or Architectural Feasibility Study ~ Other Appraisal~ Description of the Assembly & Redevelopment Proie~ ga~ ~7_.-~ '. , I~lt~ At.~_.._q Boynton Beac~-Corr{~n u ~ity~Redevelopment A~ency . Assembly & Redevelopment Incentive Grant Program Agreement Page 4 of 5 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 Cornmu~ity Re~levelopment .~ency Assembly & Redevelopment Incentive Grant Program Agreement Page 5 of 5 Revised 06/04/04 ._--. ~ov 03 Robert Mille~ p.2 QttALtPIC kttONS ROBERT D. MILLER, ASA EDUCATION: PROFESSIONAL A2'~'~ m .liT;tON: LICENSED: EXPERIENCE: QUALIFIED AS EXPERT ~'rI'NESS FOR: HAS COMPLETe. n: Senior M~ber of American l~.iety of Appraisers- Souflt Fkr/da Chapter No. 82 - Accredited S~nior Appraiser (ASA) Real Proport~ Urban Real Eatate Broker- St~ of Florida Cea tili~t Oe~ etat Paml Eamt~ Apprai~r/~000 ! 270- Sram of Florida 1995-Preseat 1993-1995 1978-1993 1987 Real Estate Appraiser- Owner Appraisal Firm Vice Prezidem-The Urban Oroup, Inc. Real Property Armlysts, Ino., Fort Lauderdale, Florida, Executive Vice President Involved in United Sl~s 8mate Study R/ght-of-Way Condemnation proceed/ag in Lake, Ks,',~,*~-ea, Cook and DuPsge Countie$, IlI/noia and Broward, Dade, Monroe, Palm Be~eh and Dural C~untie~, Florida. T~ified in B~mkruptcy Court in Florida and Texas AppmissI Assigaments Cornmeroial. vacant and improved Condemnation projects Industrial, vacant and improved Multi-flunily residmtial, Mobile Home Parlm Ot~eo, vecent end hnproved purpose properties Review Services Cou~eflng Aoqu/s/fion proj~ls Income ~ analysis I~ves/me~t analysis Tax esse~m~at$ ROW Coat Anel~sis Sp~al ~nt, Spa. hi MILLER APPRAISAL GROUP INc. ~54-~52-4504 p.3 850-48'/-1395 ~tZ:L~.*eR, ROBERT 3665 ~ COAAZ, BP~Z~I8 F~ 33065-2~45 DETACH HERE '/'he C~l~'rtaz~D 'G~q~RI~" Unde= ~he p~ovision. · zpi~ation c~l:e= ]~OV' 30. C09.Ar., Mov O~ O~ O~:2~R ~o~e~t Millee 95~-~5~-~504 ~,4 AGENCY BRANCH PREFIX POLICY~T~BER 0?8990 969 RNP 2-?608905~9-04 Miller Apprais~l Group, Inc. 3665 NW 124th Avenue Coral Springs , FL 33065 ~eal Es~a~e Professionals Declarae~ens ~ Insurance is provided by Continental Casualty Company CNA Plaza, Chicago, IL 60685, A Stock Insurance Company. NOTICE TO POLICYHOLDKRS: The Errors and Omissions Liability coverage afforc~ed by this policy is on a Claims'Ma~s basis. Please review the policy carefully and discuss this Coverage with your insurance agent or broker. _ 2. ~OLI~.TOD: Inception: 03/20/04 Expiration: 03/20/05 at 12:01 A.M. Standard Time at FOur ac~lress shown above. A. L/mits of Liability: Each Claim: $500,000. Aggregate: B. Lockbox Limit of Liability: (SUBLIMIT INCLUDED WITHIN TH~ LIMITS OF LIABILITY) C. D/scrim/nat/on L/mits of Liability D. Deductible: Each elm/m: E. First Coverage Date: 03/20/04 $500,000. $50~000. $0. Ss,ooo. 4. PREMIUM: $566. O0 G-128413-B (~D. 8/01) I126158-~021015 Counter ~'iqne~ by Author/zed Representative Hov 03 04 04:30p Robert Miller 954~252-4504 VARIOUS CLIENTSDVER TI-II~ PAST TEN YEARS PRIVATE MORTGAGE ALTMAN DEVELOPMENT CORPORATION BELLSOUTH MOBILITY CLEAR CHANNEL OUTDOOR ~ HOMES PRIMECO THE TAUBMAN COMPANY UNITED HOMES .IAIdE$ BRADY ~. ASSOCIATES BECKER & POLIAKOPF BRIOHAM,-MOOP~ COY. EP. AND FEINER EARL~ & PATCI-ESIq HOLLAND & KINIO/dT RUDI~ MCCIX)SK~Y TEW CARDEKA$ VANCE DONEY & MAC, II,ON AMERICAN HOME LOANS CHARTER MORTOAOE FIRST ~I~{TIAL HO1Vffi ACCESS 1VIORTOAOE IN]i/DA IVIOP. TOAOE CORP ~ F/NANCIAL ~FINAN~ MONEY CORPORATION OCEAN~IDB LE~IDINO CORPORATION PEAK MORTOAOE WELL8 FAROO MILLER APPRAISAL GROUP INC. Mov 03 04 04:30p Robert Miller S54-252-4504 p.6 CITY OF CORAL SPRINOS CII'Y OF FORT ~E C~ OF ~RT ~ ~ OF ~r.t ~E ~ C~ OF ~D C~OF~ ~ ~ OF ~ ~'rg OF S~ ~A D~P~ OF ~ATION P~B~ ~ ~L ~ ~ OF DA~ ~ ~~ OF ~ ~ ~ DE~O~ MILLER APPRAISAL GROUP INC. September 14, 2004 Ms. Sandra Chaverra 633 NE 10t~ Avenue Boynton Beach, Florida 33435 Boynton Beach CRA Folio Number: 08434521320020130 and 0140 Property Owner: Sandra Chaverra Boynton Beach, Florida INC. Dear Ms. Chaverra: Per the mutual request of the Boynton Beach CRA and yourself,, we have reviewed the above referenced property for the purpose of estlm~tiag an appraisal fee and to determine a delivery of the appraisal report. Based on our review, we have estimated ~m appraisal fee of $500 for this property and per our discussions with Mr. Doug Hutchinson; the fee will bo split between the property owner and the Boynton Beach CRA. As you are aware, we are completing a series of appraisals on thia project and the report will be completed within the time frarne of three to six weeks at~e.r the execution of/his contract. As part oftbe appraisal assignment, we will address the market value oftbe 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 this assLtmment. Also please provide us with your contact information so we can schedule the inspection of your property: Thanks for eonsiderin~ us for this assignment. State Certified General R.E. Appraiser # 001270 Conditions Aecepted-(Both Parties Need to Execute) By: Property OWner Sandra Chaverra 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 2004/2005 ASSEMBLY & REDEVELOPMENT INCENTIVE GRANT PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency THIS IS AN AGREEMENT, entered into this ~'~, ~l'-~ day ofl~0v, ~, between the B.~ynton Beach Co,~nmunity Redevelopment Agency, hereinafter referred to as CRA and ~,J('3/~/3, [ ~/~ ~,~[/~.1~ , a Property Owner (s), hereinafter referred to as the applicant. PROGRAM AGREEMENT Term: The property owner(s) must complete th~ 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, appra~isal, 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 tc~ 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 Assemblx & iRedevBIopm~ent Project~ That acknowledgement shall Boynton Beacl3 Commdnk~y ~edevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Page 1 of 5 Revised 0~04/04 be defined in the application and approved by the CRA Board prior to funding. No Guarantee for Funding: Appricants mu~} 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 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. Boynton Beac~l~ C0r~mb'nity 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 an~! correct. ~./' vvl[nes~' ~'~ (Date) App-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 acknowledgements, personally appeared , who is personally known to me or ~ ~-~'~ ~ ~-~'c-~-4~-'~-*- 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 andCounty Boynton Beach-Community ~e~evelopment,~ncy Assembly & Redevelopment Incen~ve Grant Program Agreemem Page 3 of 5 EXHIBIT "A" PROJECT INFORMATION Name of Representative of AppliCant(s).'~ ~{'~¢.~ ~ Address: City/State. _'~k-[l,d~ "~4~, ~ Zip Code: E-Mail · Survey Legal El Site Planning. Engineering and/or Architectural Feasibility Study El Other El Appraisal Description of the Assembly & Redevelopment Proiect Boynton Beac~ Co~lrndhity R~rdevelopment ,~ency Aseembh/& Redeve~oprnent Ince~five Grant Program Agreement Page 4 of 5 Revised 08/04/04 --a o 66 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 ahd uses; · Provide photos of proposed project site (electronic preferred). · NOTE: An. ex_p_e.ns_e am. ount changed from an approved Application without prior u~<A I~oan3 approval may be subject to non-payment by the CRA. Applicable documents must .be attached for the Application to be processed. Boynton Beac~ Corm dnity ~edevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Page 5 of 5 Revised 08/04/04 ~ov 03 O~ 0~:29p Robert Miller p.2 EDUCATION: PROFESSIONAL AI~YI.LIATION: LICENSED: EXPERIENCE: QUALIFIED AS EXPERT V~ffNESS FOR~ HAS COMPLETED: QI3ALIFICJ~TIONS ROBERT D. MILLER, ASA Appraisal Iostltme Coarses SSP Standards of Professional Practice I-A Ftmdamentals oriel E.~te Appraisal I-B Capitalization Theory and T/chnlques g Appra/sln~ a Bingle-Fam Lly Reddenf. e 2-1 Ca~ Studies in Real Estate Valuation Lift,arista Valuaflo~ '~er Appr~imd Com-ses Mass Al~p,~.;~l of Reaidmfial Properties Florida State Law and L~PAP Fac~r~ Built f-lousin~ Automa~xt Vah~ficri Models S~ior Member of.American Society of Apprals~s- Soufll Flor/da Chapter No. 82 - Accredited Se~ior Appraiser (ASA) Peal Property Urban ~ Estate Broker- Stat~ of Flodda Certified General ~ B~s~e Appraiser//0001270- ~ of Florida 1995-Present 1993-1995 1978-1993 1987 Real Estate Appraiser- Owner Appraisal Firm Vice Provider-The Urban Oroup, Inc. Roal Prop~ly Analysts, Inc., Fort Lauderdale, Florida, Exeoulive Vi~e Pres/der~ Involved in United S~al~ $~nate Study R/ght-of-Way Condemnation proceedin~/n ~ Kankskee, Cook and DuPago Cocmti~, IlI/nols and Broward, Dm/e, .Monroe, Palm Besc..h and Duval Colmtias, Florida. T~ified in B~kru~tey Court in Florida and Texas Counseling Acqdsition projec~ income tax analysis Inve~/mont analys/~ Tax a~e~m~nts ROW Cost Amlysis Special ass~eats Spec/al MILLER APPRAISAL GROUP INC. Mov 03 O~ O~:~p ~obeet Mill~ 850-487-1395 3665 lq~ C033J~ BX:r~RZ~B F~ 33065-2445 Mov 03 04 04:29p Robert Miller AGENCY BRANcK PREFIX 0?8990 969 RNP 2-7605905-9-04 POLICY~9~BER '~ ~msurance is provided by Continental Casualty Company C~A Pla~a, Chicago, IL 60685, A Stock Insur~ce Miller Appraisal Group, Inc. 3665 NW 124th Avenue Coral Springs , FL 33065 NOTICE TO POLICYHOLDERS: The Errors an~ Omissions Liability coverage afforded by this policy is on a Claims'l~a~e basis. Please review the policy carefully an~ ~tscu~s this Coverage with your insurance agent or broker. __ 2. ~LI~X~: Inception: 03/20/04 ~'~xDiration: 03/20/05 at 12:01 A.M. Standard Time at 'your ad'tess shown above. A. L~t~ of Lt~iltty: Ea~ Cl~m: $500,000. Aggregate: B. Loc~ox Limit of (S~L~T INCL~ WITHIN T~ LIMITS OF 5I~ILITY) C. Discri~na~on n~m~ ts of Li~llity D. Deductible: Each Cl~m: ~. First. Coverage Date: 03/20/04 $500,000. $50,000. $0. 35,000. 4. P~EMIUM: $566.00 G-128413-B (ED. S/01) I126138-E021013 Nov 03 O~ O~:30p p.5 VARIOUS CLIEN-~'I~VER TRF. PAST TEN YEARS PRIVATE ~rtORNEY MORTGAGE ALTMA~ DEV~LO~ CORPORATION BELLSOUTH MOBILITY CLE~ CHAN~ O~R ~HOM~ PRIMECO TH~ TAUBMAIq' COI~AI~Y UNITED HOMF. S ~vllmlCA~r ~ LOANS CHARTER MORTOAOE HOME A~SS ~RDA MO~AOB M~ ~E ~0 CO~ON ~ MO~AOE ~ F~O MILLER APPRAISAL GROUP INC. ~ Hov 03 04 04:30p Robert M~lleP 954-252-~504 p.6 GOV~ BROWARD COUNTY SCHOOL BOARD CHARLOi-i~ COUNTY CITY OF CORAL SPR~OS CITY OF FORT LAUDERDALE CITY OF FORT ~ CITY OF HALLANDAL£ B~ACH CITY OF I-~OLL YWOOD CITY OF LAL~.]~I;O~t ,~ LAKES CITY OF KI~Y WI~T CiTY OF ~ ~l~!~O S CIT~ O~ POMP~IO BP. ACH I~:)IUDA DRPAR~ QF ~RT~TION SOUTH FLORIDA WATER MANAGEMENT TOWN' O1~ DAVIE U~ DEPAR.TMI~'qT OF HOL~IHO & URBAN DEVI~OP~ MILLER APPRAISAL GROUP INC. ~ September 14, 2004 Mr. Daaiel Dodge 659 Manor Drive Boyaton Beach, Florida 33435 INc. Boynton Beach CRA Folio Number: 08434522000030090 Property Owner: Daniel Dodge Boynton Beach, Florida Dear Mr. Dodge: Per the mutual request of the Boynton Beach CRA and yourselt; 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 $500 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 time flame 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 alld also collsider the market value oft. he site as asseanbled by the eventual developer of the assembled txact of land. Please execute this letter as notice to proceed with this ass/~mament. Also please provide us with your contra information so we can schedule the inspection ofyour property: Thank~ for considering us for tl~ assignment. SA State Ce, rftfied General R.E. Appraiser # 001270 Conditions Accepted-(Both Parties Need to Execute) By: Property Owner Daniel Dodge Phone # ~-~ f Boyaton Beach CRA Doug Hutchinson Phone # 561-737-3256 3665 N.W. 124TH AVENUE. CORAL SPRINGS. FLORIDA 33065 PHONE: 954-675-~399 · FAX: 954-252-4504 · EMAIL: RMAGINC@AOL.COM 2004/2005 ASSEMBLY & REDEVELOPMENT INCENTIVE GRAI~T PROGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency THIS IS AN AGREEMENT, entered into this day of , between the Boynton Beach Community Redevelopment Agency, hereinafter referred to as CRA and , 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, ilegal 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. 2. Time Extension: The Grant may beextended 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. tf 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 Co~rnanity Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Page 1 of 5 be defined in the application and approved by the CRA Board prior to funding. No Guarantee for Funding: APpii'~ants mL~S~ 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". 9. Indemnification: The Applicant agrees to protect, defend, reimburse, indemnify and hold the CRA, its agents, its employees and elected officer and ea~ 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 natu~_e 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. Boynto. @ea~-co~mu~tity ~'edevel-~pment A~ency 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) 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, personally appeared ., who is personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and puq~oses mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of ,200__. NOTARY PUBLIC My Commission Expires: Boynton Beach'-Corr{mur~edevel~pment A~ency Assembty & Redeveh3pment Incentive Grant Program Agreement Page 3 of 5 Revised 08/04/04 EXHIBIT "A" PROJECT INFORMATION Name of Representative of AppliCant(s): ~ Address: Address: L~-'~~ ~1~1'.~0i~ t"~.[u¢..~ city/State~0~ ~~, ~ Zip Code: PhoneCDay:~[~ ?_~ ~ [ ~ Evening: Fax: [ E-Mail: ; Survey ~i Site Planning, Engineering and/or Architectural ~ Appraisal Legal ~ Feasibility Study ~ Other ~ Description of the Assembly & Redevelopment Project Boynton Beacl~-CommuhJty i~edevel-~pment Agency Assembly & R~ev~opment In~n~ve Grant Pr~mm ~r~m~t ' Page 4 of 5 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 andcurrent 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 th, e.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-Com'munity'Reaevelopment A~ency Assembly & Redevelopment Incentive Grant Program Agreement Page 5 of 5 Revised 08/04/04 ~ Rober~ Miller QL A n CAT ONS ROBERT D. MILLER, ASA EDUCATION: PROFESSIONAL ADFLLIATION: LICENSED: EXPERIENCE: QUAL~FLED AS EXPERT V~'ITN'~§S FOR: HAS COMPLETED: S~mior Mernber of American Sooiety of Appra/s~- South Fl~/da Chapter No. 82 - Aocredlted Smior Appraiser (ASA) Real Real ~te Broker- State of Florida Ce~ified Oan~rat Real Estate Appraiser ~0001270- 8taro of Fiorida 1995-Pr~ant 1993-1995 1978-1993 1987 Read Estate Appraise- Owner Apptaisa~ Firm Vice Pres/dant-The Urban Oroup, Inc. Real Property Amd~/s, Inc., Fort Latu~rdale, Flarida, Ex~utiva Vi~ Pr~ddmt Involved in United Stat~ 8mate Study Right-of-Way Condemnation proce~dln~ in Lake, gsnkak~e, Cook and DuPage Counties, Illinois and Broward, Dm[e, Monroe, Palm B~aeh and Dural C, euntim, Florida. Testified/n B~la'uptcy Ccun in Florida and Texas Cottuseltng A~utsitian projects /acomc tax analysis I~tvesilnant analysis Tax assessments ROW Coat mlaly~ia Special ~ss~Ssmants Sp~ial MILLER APPRAISAL GROUP, INC. ~54-~52-4504 Z940 ;, WlNHO~ 8~. TALT2~HASSEE FL"~.2399-0~83 850-487-1395 MZLLE~, ~OBERT D JR 3665 NW 134TH'AVE COP, AL BP~ING8 FL 33065-2445 DETACH HERE '~e NmmKl 'below Expt=ation ~ate= NO?'30. MZ.D1',I~'R, ROBF, ItT D JR ... !.!{'. 3665 NW 124TE AVE C01MLT., S~HiN~B aT.,, 33055-3&4,S" Mov 03 04 04:~8p Robept Millep AGENCY BRANCK PREFIX 078990 969 RNP 2-7605905-9-04 1. NAW~ IN~u~ED AND ~%rr. IN~ AD~S: Con~n~tal Casualty Comply C~ Plea, ~icago, IL 60685, A Stock Insur~ce C~p~y. Miller Appraisal Group, Inc. 3665 NW 124th Avenue Coral Spring~ , FL 33065 NOTICE TO POLICYHOLD~I~S: The Errors and Omissions Liability coverage afforded by this policy i~ on a Claims'Made basis. Please review the policy carefully and ~iscues th/s Coverage with your insurance agent or broker. = 2. POLICY p]~0~: Inception: 03/20/04 ~xpiration: 03/20/05 at 12:01 A.M. Standard Time at ~our ad~ress shown above. 3. ERRO~A~Di~IONS A. Limits of Li~lity: Ea~ ClX: $500,000. Aggregate: ~. Loc~ox L~it of {S~L~IT INCL~ WITHIN T~ LIMITS OF LI~ILI~) C. Discri~na~ou L~ts of Li~illty D. Deductible: Each Cl~m: E. First Coverage Date: 03/20/04 $500,000. $50,000, $0. $5,000. PREMIUM: $566.00 G-i28413-S (~. 8/0i) I126138-B021013 Counts rm'ignea by Author/zed Representative Mov 03 04 04:~Op Robmrt Millmr 9S4-~52-~504 p.S VARIOUS CLIENTS'OVER TI4~, PAST TEN YEARS PRIVATE A'VFORNEY MORTGAGE ALTMA24 DF-NBLOPMENT CORPORATION BELLSOUTH MOBILITY CLEAR CHANNEL OUTIX~R LENNAR HOMES P. RIMI/CO THB TAUBMAN COMPANY ~BA TO~ INC. UNITED HOMES IAMI~ BRADY & ASSOCIATES BECKIRR & POLIAKOPF BRIGHAM.MOORE COKI~R AND FEINER EARLE .a' PATCHI~I HOLLAND & KNIGHT RUDI~N MCCIX)SKEY TNW C, ARDI~$ VANCE DONEY & MACGIBBON AMERICAN HOME LOANS CHARTER MORTOAOE FIRST HOME ACCESS MORTOAG]~ ll~Rr~A MORTOAOB CORP KEY .FINA.NC~ LIBERTY ~ OCP. AN~IDIg LENDINO CORPORATION PBAK MOKT~AGE WELLS FARO0 MILLER APPRAISAL GROUP INC. Mov 03 04 04:30p Robert Miller 954-252-4504 p.B BROWARD COUNTY BRO~fARD C(KAvrY SCHOOL BOARD CHARLOTT~ COUNTY CITY OF CORAL SPRINOS CITY OF FORT LAUDERDALE CITY OF FORT MYthS CFI¥ OF I-I~r · ANDALE BEACH CITY OF I-K)LLYWOOD C/i¥ OF LAUDERDALE LAKES CITY OF KEY WEST CITY OF CITY OF POMPANO BEACH - CITY OF SUNRISE , FLORIDA DI~PARTMI~ OF TRANSPORTATION PALM BEACH COUN'I~ SOUTH FLORIDA WATER MANAGEMENT 'TOWN' OF DAVIE US DEP~ OF HOUSlNO & URBAN DEVI~LOPMENT MILLER APPRAISAL GROUP INC. September 14, 2004 Mr. and Mrs. John S. Fraser 633 NE 10t~ Avenue Boynton Beach, Florida 33435 INC. Boynton Beach CRA Folio Number: 08434521320020150 and 0170 Property Owner: John alld Joanne Fraser Boynton Beach, Florida Dear Mr. and Mrs. Fraser: Per the mutual request of the Boynton Beach CRA and yourself, we have renewed the above referenced property for the purpose ofestlmating an appraisal fee and to determine a delivery ofthe appraisal report. Based on our review, we have estimated an appraisal fee of $900 for this property ond per our discussions with Mr. Doug Hutchin~qon; the fee will be split between tbe 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 flame of three to six weeks aRer 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 assemblod by the eventual developer of the assembled tract ofhnd. 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: Thank~ for considering us for this assi~tmment. State Certified General R.E. Appra/ser # 001270 Conditions Accepted-(Both Parties Need to Execute) By: Property Owner (.5 ,lJ Phone# 75'3- ~'~7 ~:~ 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 2004/2005 ASSEMBLY & REDEVELOPMENT INCENTIVE G~T PRQGRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency ~.~ton ~leachrGpmmunity Redevelopment Agency, hereinafter referred to as CRA and ~ -)r'/i?~, ~-~Z~.- , a Property Owner (s), hereinafter r~ferred 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) ara 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. CRA acknowledgement of Funding: The Applicant will acknowledge the CRA's participation in the AssemblY_& Redevelopme_ nt Project. 'That acknowledgement shall Boynton Beac~-Community f~e,~vel~prnent A'gency Assembly & Redeve/opment Incentive Grant Program ,~;Ireement 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 mu'st 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". 9. Indemnification: The Applicant agrees to protect, defend, reimburse, indemnify and hold the CRA, its agents, its employees and elected officer and ea~ of them, free and harmJe, ss 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 applica, nt'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. Boynton EleaC~ Co~rn.{3~ ~e~ev;opme.t ~genc,/ Assembly & Redevelopment tncen~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/~e end, correct. ~- ~' J '(Date) -A'~plicant (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, personally appeared ....~'-'l~; I~qF'~_~ ~ , wha is personally known to me or produced '...~.~r,--'"' k~.2~,..% L~ C--Q~q_~,?~ as i~ 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 o~/--/~/'/L dayof ;~,..)~/.~mi~J,~l~- ,2o0L_~. NOTARY PUBL~-~J~ ~3~ ~,~,~ [~L(-~'-U'--OJ''- · · "-, nnyuommiss,onExpires: ~,L.J~U~I~ l, ~--000 Boynton SeechCortimu~ity ~e~evel6pment A~ency Assembly & Redevelopment IncenWe Gra~ Program Agreement Page 3 of 5 Revised 08/04/04 EXHIBIT"A" PROJECT INFORMATION Name of Representative of Applicant(s)~'~2~,~ Address: Address: Ph°ne # Day:(5~I ~ '~'~'~- ~)]'Z-~ Evening: Fax: E-Mail - Survey Legal ~ Site Planning, Engineering and/or Architectural Feasibility Study I~ · Other I~l Appraisal Description of the Assembly & Redevelopment Project 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 projectT; · 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 Beac~Community Redev~Jopment Agency AssembJy & Redevelopment Incen~ve Grant Program Agreement Page 5 of 5 Rev~ed 08/04/04 Mov 03 O~ 0~:29~ Robert Miller p.2 QrtALI CiT O S ROBERT D. MILLER, ASA EDUCATION: PROFESSIONAL A~FILIATION: LICENSED: EXPERIENCE: QUALIlqED AS EXPERT WrrNES$ FOR: HAS COMPLETED: Senior Member of American Society of Appralsers- Soufl~ Florida Chap~ No, 82 - Ac~edit~d Senior Appraiser (ASA) Real Property Urban ~ Eg~te Broker- St~te of Florida Certified General Real lgstate Apprafl~ ~q)001270- StYe of'Florida 1995-Presem 1993-1995 1978-1993 1957 ~ Estate Appraiser. Owner Appraisal Firm Vice Pre~ident-Tho Urban Oroup,/nc. Real Prope~y Analysts, Tho,, Fort Laud~rdale, Flerida, Exeent/ve Vic~ Pres/dent Involved/n United Sta~s Senate Study R/ght-of-Way CondemnaIieri proceeding/n Lake, ~r~.k~ke~, Cook ~ D~e C~ti~ Olinois ~d B~d, Da~, M~r~, P~ B~ ~d Du~I ~ti~, ~ida. T~ ~ B~ C~ In Flori~ end Te~ Counseling Ao:ldsition projects Income tax analysis Invcslment analysis Trix nsse~mmt~ ROW Cost An~ly~i~ Sp~:ial assessments Special MILLER APPRAISAL GROUP INC. Mov 03 O~ 04:~9p Robert Miller FLORZD~ '1"940 TALL3.U, AB BEE 850-4S?-1395 p.3 MILLER, ROBERT D JR 3665 NW I~4TH'AVE CORAL BPRZ~B FL 33065-2445 DETACH HERE Mov 03 04 04:25p Robert Millsr 954-2S2-4504 AGENCY BRANCK PREFIX 078990 969 RNP 2-7605905-9-04 1. ~%~ED i~EDAND~XLIN~AD~ESS: POLICY ~T~BER %~ " ~ ~surance is provi~e~ by Continental Casualty Company CNA Plaza, Chi=ago, IL 80685, A Stock Insurance Company. Miller Appraisal Croup, Inc. 3668 NW 124th Avenue Coral Spring~ FL 33065 NOTICE TO POLICYHOLDERS: The Errors and Omissions Liability coverage afforded by this policy is on a Claims 'Ma~e basis. Please review the policy carefully and discuss th/s Coverage with your insurance agent or broker. 2. ~OLI~XOD: Inception: 03/20/0~ Expiration: 03/20/05 at 12:01 A.M. Standard Time at your a~re$s shown above. 3. E~A~X~ION~ L~ABILXT~: A. Li~ts of Li~iltty: Ea~ Cla~: $500,000. Aggreqate: B. Loc~ox Limit of Li~ilit~: (S~IT INCL~ED WIT~N T~ LIMITS OF LI~ILITY) C. Discxi~na~on L~m~ts of Li~ility D. Deductible: Each Cl~m: E. First Coverage Date: 03/20/04 $500,000. $0. $§,000. 4. PREMIUM: $566. O0 (mD. 8/01) I126138-~021015 Counter:~'igned b~ Author/zed Representative VARIOUS CLIEN~§~OVEI~TR~. PAST TEN YEARS PRIVATE A'I'TOI~d~Y MORTGAGE ALTMAN DEVELoPMI~/T CORPORATION' I~E~U'I~ MOBILITY' CLEAR ~ OU'I'IK~R L~NIgAR HOME~ P~O ~ TA~ CO~ ~ ~ ~C. ~D HO~ IAMES BR~.DY & A~ClATH8 BRIGHAM-MOORE ~&PA~ R~ M~Y 't~ ~ V~ ~Y & AMERI~ HOME LOANS CHARTER MQRTOAGE FIRST RESIDENTIAL HOME ACCESS MORTOAOE IEIRRF}A MORTOAOE CORP KEY ~CIAL Lmt~y FINANCIAL OCI~J~IDE I,ENDINO CORPORATION' PF~AK MOI~TOAOE WELL~ FAI~O MILLER APPRAISAL GROUP INC. BROWARD COUNTY BROWARD COUNTY SCHOOL BOARD CITY OF CORAL SPRINOS CITY OF FORT LAUDERDALE CITY OF FORT MYERS CITY OF HALLA..,~DALE BEACH CITY OF I-IOLLYWOOD ~ OF LAUDEp, I~.~ LAKES UIT~ OF KEY ~ CITY OF MIAMI ~PRINO$ CITY OF POMPAHO ~BACH _ CITY OF 8UNRI~ FLORIDA DI~PAR'I'MI~IT OF TRAHSPORTATION PALM BEACH COUNTY SOUTH FLORIDA WATER MANAOEMENT TOWN OF DAVIE U~ DEPARTMENT OF HO~G & URBAN DEVELOPMENT MILLER APPRAISAL GROUP INC. ~.: 13oya~,~ ]boob C~ 2004/2005 ASSEMBLY & REDEVELOPMENT INCENTIVE GRANT PRO,GRAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency THIS IS AN AGREEMENT, entered into this ~ day o (_~. ~C..Z~, between the Boy, nton Beach CommurjAy I~,edev~lopment Agency, hereinafter referred to as CRA and IL./(~ { I',,1 (") ~ ~-.~ (2 ~ ~.(....~ , 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. 2. 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 pdor 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 ReJ:Jeve)opment A~ency . Assembly & Redevelopment IncentNe 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: App'l~cants ~' mast 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 ea~-h 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 holdl harmless clause, and voluntarily makes this covenant and e~pressly 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. Boynton Beach Comrnu~ity Redevelopment A~gency ' · Assembly & Redevelopment Incentive Grant Program Agreement Page 2 of 5 Revised 08/04/04 Th.e 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 trj.~and correct. C.-//Witness J ~' (Date) Ap!li~ar{t ~ ~ (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, personally appeared '~}"[~J~C, ~o , who is personally known to me or produced ~'~1~'~/~-~ ~ 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 seat in the State and County aforesaid on this dayof ~o£¢j~q b.o~t 200~ NOTARY PUBLIC .~¢¢~,~,~ Commissior Expires: ~_.~ EXHIBIT "A" PROJECT INFORMATION Address: II1~ kl>, ~ Address: ~ Zip Code: Evening: E-Mail: Survey Legal [~ Site Planning, Engineering and/or Architectural i-I Feasibility Study ~ Other ~ Appraisal Description of the Assembly & Redevelopment Proiect t Soynton Beac~ Cor~mu~ity-Re~leV~lopment ~;lency A~eml:~ & R~:levolopm~nt ln~r}~te Grant Program Agr~m~t 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. Boynton Bea~ cdmmunit~ Re~le~elopment~,~gency ;: Assembiy& Redevelopment Incentive Grant Program Agreement Page 5 of 5 Q~ALIFICJ. TIONS ROBERT D. MILLER, ASA EDUCATION: PROFESSIONAL A~F~LIATION: LICENSED: EXPER r~,NCE: QUALIlqED AS EXPERT WH~NESS FOR: HAS COI~EPLETED: Appraisal Ins~tute Courses SSP Standards of Pro:~ssioaal I-A l~m,d~rn~mlS of Real E~m Appraisal [-B Capital/zafion Theory snd T~cb~iqu~ 8 Appralsln~ a Shagle-Fam [ly Rezide~:e 2-1 C~z~ Stud/~/n Relfl Eztat~ Valuati/m 2-2 Rq~rt Writing Bmine~ Valuation 3e~ninar Lifigatic~ Valuafioa Other Al~r~/~ml M~.~ A~lara/.~d oiReddmfial Properfie~ Florida $/at~ Law ~mi U~PAP Factory Built Aut~n~ed Valu~ti~ Mode~ Senior Me.~be~ ofAmerioan Sooiety of Appraise's- South Flor/da Chaptcr No. 82 - Accredit~l. Senior A,ppraise~ (ASA) Real Property Urban Real Estate Broker- 81ate of Florida Ce~ified General Real Estsm Appm~//0001270- ~ of Fiorida 1995-Pre~/~t 1993=1995 197g-1993 1987 Real Estate Apprdser- Ovm~r Appra/sal Firm Vice Presidmt-The Urban Group, Inc. Rea[ Prop~'y Analysts, 'Inc., Fort La~i~rda~e, Flor/da, Exeout[ve Vi~e Pres/dent Involv~l in United $/=i~ Sm~te Study l~ght-of-Way Condemnation proceedio& in Lake, ~on}~, Cook ~d D~e C~ti~, D~ols ~d Br~ Dade, ~ ~ B~ ~d Du~ Ce~ti~, ~ T~fi~ ~ B~ ~ ~ Flori~ and T~ MILLER APPRAISAL GROUP INC. Mov 03 04 04:28`0 Robert Miller )~T~O'~ ,0.3 850-489-1395 1~ 4T~' AV~ CO~T.~ BPRZ~IB FL 33065-2445 1o.4 AGENCY BRANCK PKEFIX POLICY.~BE~ Real Estate ~ro£esstonals ' or an~ ss~s o t 078990 g69 RNP 2-7605905-9-04 1. ~ I~um~EDANDM~/LIN~D~E~S: ~tnsurance £s provided by Continental Casualty Company CNA Plaza, Chicago, IL 60685, A Stock Insurance Company. Miller ApPzais~l Group, Inc, 3665 NW 124th Avenue Coral Springs , FL 33065 NOTICE TO POLICYHOLDERS: The Errors and Omissions Liability coverage afforcled by tb/s policy is on a Claims 'Made basis. Please review the policy carefully and d£scuzs this Coverage with your insurance agent or broker. - 2. POI.~C~'~,~IOD:' Inception: 03/20/04 "Expiration: 03/20/05 at 12:01 A.M. Standard Time at Four ad,tess shown above. 3. EN~O~S A~D C~I~IO#S LXABvr. XT~: A. Lie/ts of Liability: Each Claim: $500,000. Aggregate: $~00,000. ~. Lockbox Limit of Liability: (SUBLIMIT INCLUDED WITEIN TH~ LIMITS OF LIABILITY) $50,000. C. Discrimination I.{~{ts of Liability $0. D. Deductible: Each Claim: $5,000. E. Ftrs~ Coveraqe Date: 03/20/04 4. mRgMIUl, t: $566.00 G-12B413-S f~D. s/ol) I126138-B021013 Coun:tsr~'igned by Authorized R~prezentatlve ~ov O~ O~ Rober~ ~iller p.5 VARIOUS CLIENTSq3VER THI~ pAST TEN YEARS PRIVATE ATTORNEY MORTGAGE ALTIvlAlq DEV~LOPIvII~T CORPORATION BELLSOUTH MOBILIg'Y CLEAR CI-IANN~ OUTI)00R LEND/AR HOMES PRII~CO THE TAUBMAN COMPANY b'BA TOWI~Lq INC. IJI4'ITBD HOMES /AMES BR~DY & ASSOCIATI~ BBCKI~R & POLIAKOPF BRIOH~-MOOP~ ~AND FEINER BANJ.~ & PATCI-II~I HOIJ. AND& KNI~IT I~UD~ MCCLOSKEY VANCE DONBY & MA~IB~'ON AlVlI~RICAH HOM~ LOANS CHARTER MORTOAOB I~IR,gT PJ/SlDI/I~I'IAL ~ ACCI~BS MORTOAOE IDIBI~A MOP-,T(tAOE CORP EEY FINANCIAL ~FINANClAL MONEY CORPORATION ~l/I.,1BIqDINO CORPORATION Pt~AK MORT~AOE MILLER APPRAISAL GROUP INC. Nov 03 04 04:30p Robert Hille~ 954-252-4504 BROWARD COUNTY BROWARD COUNTY SCHOOL BOARD CHARLOri~ COUNTY CITY OF CORAL SPRINOS ~rl'Y OF FORT LAL~DERDALE CITY OF F~2~T MYERS ~rl'g OF H, ar ~ ~DALE BEACH CITY OF HOLLYWOOD CITY OF LAUDERD~t _~ LAKES CITY OF KEY WE~T CITY OF MIAMI ,~PRINO$ CITY OF I~IPAI~O BI,ACH _- CITY OF SIll~.I~ FLORIDA I~PAKTMB'NT OF TP. ANS~RTAT[ON SOUTH ~A ~r~'ATI~ MANAGIEM]~NT: TOWN OF DAV[E U~ DEPAILT',a~fl~ OF HOUSINO & URBAN DEVIE. OP~ MILLER APPRAISAL GROUP INC. September 14, 2004 Ms. June Trach l120N. FederalI4ighway BoyntonBeach,Flodda33435 Boymon Beach CRA Folio NumBer: 08434522000030031 Property Owner: June Trach Boynton Beach, Florida Per the mutual request of the Boy, on Beach CRA and yourselt~ 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 e~ed an appraisal fee of $3,000 for thin property ond per our discussions with Mr. Doug Hutchin~on; the fee will be split between the property owner and the Boynton Beach CRA. As you are aware, we are complOing a sexies of appmisa~ on this project and the report will be completed w/thin the time frame of three to six weeks at~er the execution of this contract. As part of the appraisal a~qi~m~nent, 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 ofthe assembled tract of[and. Please execute this letter as notice to emceed with this as~?,~ut. ~ please provide us with your comct information so we can schedule the inspection of your property: Thsnk~ for considering us for this assignment. Sinc~ yours,/ &~Ro'bLq-t D. Miller, ASA State Certified General R.E. Appraiser # 001270 Conditions Accepted-(Both Parties Need to Execute) By: ohoneTrach Boynton Beach CRA Doug Hutchinson Phone # 56t-737-3256 3665 N.W. 124TH AVENUE · CORAL SPRINGS, FLORIDA 33065 PHONE: 954-575-239.9 · FAX: 954-252-4604 · EMAIL: RMAGINC~.AOL.COM 200412005 ASSEMBLY & REDEVELOPMENT INCENTIVE G RAI~T PRO~RAM PROGRAM AGREEMENT Boynton Beach Community Redevelopment Agency THIS IS AN AGREEMENT, entered into this ~_ r.-~i~"~ day of ~..~, between the Boynton Beach Co .mmu_nity Redevelopment Agency, hereinafter referred to as CRA and ~-~'~.~/~ -'"T~t~,.~ , a Property Owner (s), hereinafter referred to as the applicant. PROGRAM AGREEMENT 1. Term: Th~ 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 m~nner 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. o 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 be defined in the application and appro_Ved by the CRA BOard pdor to funding. Boynton Be~nh COmrn~ni~ R~l~velopment Agency A~sembly & Redevelopment Incentive Grant Program Agreement Page 1 of 5 No Guarantee for Funding: Appliccants must complete and submit an application to be considered for funding. APPLICA~'ION SUBi~IlTTAL 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 perm~ed 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. Boynton Beach C01~lmanity'R~dev'elopment Agency Assembly & Redevelopment incentive Grant Program Agreement Page2 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 agra,ement and formal re.q. ueeting consideration of grant funding, the property owner o~dfles the} ell information and statements made ara~d cor~ct. '~:,. ~ u//'W~:ne,, ..-'~" ~ (~ ', ~'plicant (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, personally appeared _._.~-~.~__ ~ 4' ,:'F~ c_~'~ , who is personally known to me or produced ~'~'~'~ J4J% ~ C~.C~ 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 dead. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this ~Z-~ dayof ~)r~-~-~...~- ,200:. NOTARY PUBLIC~(~- -~(~m' ~/I O Boynton Beach Communit~-Rede~'elopmentAgency Assembl~; & Redevelopment Incentive Grant Program Agreement Page 3 of 5 Revised 08/04/04 . oq SG EXHIBIT "A" ..OJEC~T .ame of..presentative of App,cant(s): '~ I ~ Address: Address: City/State. ~'~~{~JT'~ ;;~"~' ~ Phone # Day:L~..~ I"') "-[~ ~'- Fax: Survey t'l Legal [] Zip Code: Evening: E-Mail: Site Planning, Engineering and/or Architectural ~ Feasibility Study ~ Other [] Appraisal Description of the Assembly & Redevelopment Proiect Boynton B~ach-(~or~mur~ity Re¢levelopnl~nt ,~gency Assembly & Redevelopment Incentive Grant Program Agreement Page 4 of $ Revised 08/04/04 ASSEMBLY & REDEVELOPMENT INCENTIVE GRANT INFORMATION Attach the following items as EXhibit · 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 thee Applicable documents must be attached for the Application to be processed. Boynton B~aC~ Con~'mdn~ity Redevelopment Agency ' Assembly & Redevelopment Incentive Grant Program Agreement Page 5 of 5 Revised 08/04/04 Robert Miller QIJALIFIC.~TIONS ROBERT D. MILLEI~ ASA EDUCATION: PROFESSIONAL AF~lhIATION: LICENSED: EXPERIENCE: QUALIFIED AS EXPERT VCH'NESS FOR: HAS COMPLETED: Smior M~mber of American Soc/eW of Appraise~- South Florida Chapter No. 82 - A~editad S~ior Appraiser (ASA) Real Propmy Urban Real Eztata Broker- Smm of Florida Certified Oe:aet~al Real Estate Appra/ser//0001270- Sta~e of Flerida 1995-Presmt 1993-1995 1978-1993 1987 Real Estate Apprai.~- Owner Appraisal Firm Vice Presidmt-The Urban Group, Inc. Real Property Analysta, Inc., Fort Lauderdale, Florida, Executive Vioe President Involved in United States Senzle Study Right-of-Way Condemnation proceeding in Lake, Kznkak~, Cook and DuPage Counties, Illinois and Broward, Dade, Monroe, Palm Beach and Dural Counties, Florida. T~ified in Bankrul~oy Court in Florida and Texas Appr~l.ml Assignments Cormneroial, vacant and improved Con~emnqian projec~ Industrial, v~cant and improved Multi-family residmfiai, Mobile Home Parks Offiea~ meant and improved purpo~ pr op~lJ, es Couuseliag Acquisition projects Income tax analys~ I~v~/meat analysis T~x ROW ~ S~M e~ Sp~l MILLER 'APPRAISAL GROUP INC. Robert Miller 95~-252-~50~ 850-487-~395 MILLE~, ROBERT D ,YE. 3665 NW 124TH'AVE CORAL BFRIN;I8 FL 33065-2445 DETACH HERE ~ov 03 0~. 04:2Sp Robert Miller kGENCYBRANCH ~REFIX POLICY ~BER 078990 969 RNP 2-7605908-9-04 ~ ~nsurance 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~ssione 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.,POLIC~i~IO~: Inception: 03/20/04 Expiration: 03/20/05 at 12:01 A.M. Standard Time at your &d~ress shown above. 3. EiI~JJIDC~'IZSSI. ONSLXAB'rr'XT~: A. L{m~te of Liability: Each Claim: $500,000. Aggregate: B. Lockbox Limit of Liability: (SUBLIMIT iNCLUDED WITHIN THE LIMITS OF LIABILITY) C. Discrimination L~m~ ts of Liability D. Deductible: Each cla/m: E. First Coverage Date: 03/20/04 $500,000. $50,000. $0. $5,000. 4. PREMIUm: $566.00 G-128413-B 8/01) I126138-B021013 Countsr~. by Authorized Representative Nov O~ O~ O~:~Op Robert VARIOUS CLIENTSDVER TI-~. PAST TEN YEARS PRIVATE A'I~ORNEY MORTGAGE ALTMAN DEVELOPMENT CORPORATION BELLSOUTH MOBILITY CLEAK~ ~R LENNAR HOMF.~ PRII~CO THE TAUBMAN COMPANY SBA TOWER5 INC. UNITED HOMES .IANIES BRADY & A.,~OCIA'IES BECKI~ & POLIAKOPF BRIGHAM,MOORE · COKER AND FEINER ' EARLE &; PATCHBN HOLLAND & IOUGHT RLIDEN M~Y TEW CARDBNAS VANCE DONEY & MACOIBBON AMERICAN HOME LOANS CHARTER MORTOAOE FU~T RBSlDE~rIAL HOME ACC]Sb~ MORTOAGE INEEDA MORTC/AOE CORP K~Y F~IANCIAL OCEANSIDE LENDINO CORPORATION PEAK MORTOAOE W~.r$ FARGO MILLER APPRAISAL GROUP INC. Mov 03 04 04:30p Robert Miller 954-252-450~ BROWARD COUNTY BROWARD ~ SCHOOL BOARD CHARLOri ~ COUNTY CITY OF CORAL SPR1NOS CITY OF FORT LAUDI~RDALE CITY OF FORT ~ CITY OF HAIr ~ ANDALE BEACH CITY OF ~YWOOD CITY OF LAUDtlRDALE LAKES CITY OF KEY WEST CITY OF MIAMI ,SPRINO$ CITY OF POMPANO BEACH crrY OF SUNRISE FLORIDA DI~PAR~ OF TRANSPORTATION ?ALM BI~,.CII ~X)UNT~ SOUTH FLORIDA WATER MA~AGEIV~NT TOWN OF DAVIE US DEPARTMI/2~ OF HOUSING & URBAN DEVELOPMEKr MILLER APPRAISAL GROUP INC. 14, 20O4 Mr..rolm V, Yull 630 Lakeside Harbour Boynton Beach, Florida 33435 INC, Boyaton.Beaeh CRA Folio Number: 054345220500000160 Property Owner: $olm V. Yull Dear Mr. Yull: Per the mutual request of the Boynton Beach CRA ~ yourself, we have rev/e~d the abo~ reforenr, ed prope~/or the purpose of estimating an appraisal fee ~ to determine a delivery of the appraisal report. Based on our review, we have estimated an appraisal ft~e of $500 for this property and per our d/scussio~s w/th Mr. Doug Hutch/nEon; the fee aware, weare compIet/ug a seri~ of~ on tht~ pwject and the report w/Il be completed w/th~ the fin~. flame of three to six weeh a/ter the ~ut/on oftht~ contract. eventual developer of the assembled tract ofland. Please execute this letter as notice to we can schedule the/nspection ofyour property: State Certified ~ R.E. Appraiser # 001270. Conditions Accepted-(Both Partios Need to Execute) sy: // Doug HutcMn~on Phone# 56i-73~-3256 3665 N.W. 124TH AVENUE; CORAL SPRINGS: FLORIDA 3~3065 PHONE: 954-5?5-2399 * FAX; 954-252-4604 · EMAIL: RMAGINC~OL.COM 200412005 ASSEMBLY & REDEVELOPMENT INCENTIVE GRA~T PRO,GRAM PROGRAM AGREEMENT Boynton Beach Communit7 Redevelopment Agency THIS IS AN AGREEMENT, entered into this ;~' day of~--~, '~, between the Boynto~n Beach, Com,~nunity Redevelopment Agency, hereinafter referred to as CRA and ~-~ ~K_~ ~lJ C L_- , a Property Owner (s), hereinafter referred to as the applicant. PROGRAM AGREEMENT 1. 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 cimumstances 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 CitylCRA 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. 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 be defined in the app ication and:apProved by'the CRA Board prior to funding. Boynton B each C ~m munityl~lev--etopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Page 1 of 5 Revised 08/04/04 6. No Guarantee for Funding: Applic~ants must comPlete and submit an application to be considered for funding. APPLIC.~TION 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". 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 attorney's fees, and causes of action of every kind and character against and from CRA whiCh may adse 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 shalt survive the termination of the Agreement. Boynton Beach Communlty-Re'de~;elopment-Agency Assembly & Redevelopment Incentive Grant Program Agreement Page 2 of Revised 08/04/04 The program information form ia attached as Exhibit "A" and is herby made a part of are true and, correct, ~_~Witness/ ~-~ (Dat~) this agreement. By Signing this ag?.~.ment an~d formal requesting consideration of grant funding, the property owner ~c~rtifiea th'at all informatj~ and statements made · -'" (Date) CR~ Director (Date) STATE OF FLORIDA, COUNTY OF PALM BEACH _- BEFORE ME, an officer duly authorized by law to administer oaths ~nd take acknowledgements, personally appeared ~t Y~---V ~/I/ , who is personally known to me or produced ' ~'~-~ ,~{V$ '~-~ ~c~_~_~ 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 //~r~ dayof ~C~-F~b~--J~-- ,200_._~. NOTARY PUBLI~¢-~' ~.~./~- ~ yU~Comm,ssron' ' Expires: ~ I? ~ c~ ©~ BoyntOn BeaCltCommueity Redevelopment Agency Assembly & Redevelopment Incentive Grant Program Agreement Page 3 of 5 Revised 08/04/04 EXHIBIT "A" PROJEC, T INFOR~MATION ApplJca nt(s):"~C~ l,~ Address: Address: ~,~) ~,'~LJ~--, ~J~ Oily, 8tate~l~l~ ~, C Zip Code: Phone~Day:('~'~) g[~ ~ Evening: Fax: Survey Legal I~ E-Mail: Site Planning, Engineering and/or Architectural I-I Appraisal Feasibility Study f'l Other I~ Description of the Assembly & Redevelopment Proiect Boynton BeaCh C~'nmunity'R~le~TelopmentAgency . . Assembly & Redevelopment Incenth:,e Grant Program Agreement Page 4 of 5 Revised 08/04/04 ASSEMBLY & REDEVELOPMENT INCENTIVE GRANT INFORMATION Attach the following items as EXhil~it "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 rprior 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' C(Smm~nity~Rede~elopment:Agency Assembly & Redevelopment Incent~e Grant Program Agreement Page 5 ors Revised 08/04/04 Hov 03 04 04:29p QIJALIFIC),TIONS ROBERT D. MILLER, ASA EDUCATION: PROFESSIONAL AFFILIATION: LICENSED: EXPERI~_,NCE: QUALIi~-'D AS EXPERT WrrNESS FOR: HAS COMPLETED: S~aior M~'~ber of American l~mlety of Atl~aisers- South Florida Chapter No. 82 - Ac~rodit~[ Senior Appraiser (ASA) Rea/ t'roperty Ur~ Real P..sta~e Broker- State of Florida C~ed Omeral Real Hst~ Appraiz~ 140001270. Stato of Fiorida 1995-Pres~at 1993-1995 1978-1993 1987 Poml Estate Apprais~ Owner Appraisal Firm Vi~ Pr~idmt-The Urban Oroup, Real Prop~ty Analrats, Inc., Fort Lauderdale, Involved in United Slal~ $,erzm'e StudyR/ght-of-Way Aoqu/dtion projects Investment analysis Tax assessmmts MILLER APPRAISAL GROUP INc. Nov 03 04 0~:28p Robert Miller 854-252-450~ p.3 850-(87-1395 IiZLf*~R, ~OB~T D ~JR 3665 ~124TEA'II~ COP. AZ, BP'ItZ~ Fh 33065-21~5 DETACH HERE 95~5~-~50~ 078990 969 ~ 1. Dec[ara~on~ 2-7605905-9-04 POLICY.,~t~BER ~ ~ Insurance is provided b~ Continental Casualty Company CKA Plaz&, Chicago, IL 60685, A Stock Insurancs'C~mpany. Miller Appraisal Group, Inc. 3665 NW 124th Avenue Coral Springs , FL 33065 NOTICE TO POLICYHOLDKRS: The Errors and Omissions Liability coverage afforded bF this PolicF is on a Claims 'Made basis. Please review the policy carefully and discuss th/s Coverage with Four insurance agent or broker. 2. POLX~i~IO~: InceDt£on: 03/20/04 Expiration: 03/20/05 at 12:01 A.M. Standax~ Time a~ Four a~lrsss shown above. A. L~m!ts of Lt~iltty: Ea~ Cla~: $500,000. A~eqate: B. Lo~ox Li~t of Li~ilit~: (S~T INCL~ED WIT~N T~ LIMITS OF 5I~ILITY) C. Dis=ri~na~on L~ts of Li~ility D. Deductible: Each ClX: E. First Coverage Date: 03/20/04 4 · PREMIUM: $500,000. $$0,000. $0. $5,000. G-128413-~ (~D. S/O~) I12613B.~021015 untsr~/gned b~ Author/zed RePresentative Mov 03 04 04:30p Robert Miller VARIOUS CLIEN~O~'~ PAST TEN YEARS PRIVATE ~t-~ILNEY MORTGAGE ALTMAN DBVBLOPMHI~ CORPORATION B~UTH MOBILITY CLEAR C~ OUTIX~R ~ HOMES PRIMBCO THE TAUBMAN COMPANY SBA TOWERS INC. UI~TED HOMES AMERICAN HOME LOANS CI4ARTER MORTOAO~ HOME ACCBSS MORTOAGE EqEEDA MORTOAOE CORP EEY ENANCIAL OCEAN~IDE LENDING' CORPORATION PBAK MOB. TOAOE WELLS FAROO MILLER APPRAISAL GROUP INC. Robert M~ll~ 9~4-~2-450~ p.6 BROWARD COUNTY SC~[OOL BOARD CHARLOv} ~ COUNTY CITY OF CORAL SPRINOS CII'~ OF FORT LAUDEKDALE CITY OF FORT MYI~8 CITY OF HALLANDALE BEACH CITY OF I-K)LL~'OOD CITY OF LAUDERDAr .~ LAKES CITY OF KEY WL~T CITY OF MIAMI ~PK1NO$ CITY OF POMPANO I~ACH CrlT OF SUI, a~S~ -- FLORIDA DEPAKTMI~NT OF ~K'TATI'ON SOUTH FLORIDA WATER MANAOIEM~VI' TOWN OF DAVI]g US DEPARTMENT OF HOL~INO & URBAN DEVI~OPM~NT MILLER APPRAISAL GROUP INC. ~ BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into MeeQn~ Dates Turned Meetin~ Date~ CRA Office -- into CRA Office [] January 13, 2004 December 30, 2003 (Noon.) [] July 13, 2004 June 29, 2004 (Noon) [] February 10, 2004 January 27, 2004 (Noon) [] August 10, 2004 July 27, 2004 (Noon) [] March 9, 2004 February 24, 2004 (Noon) [] September 14, 2004 August 31, 2004 (Noon) [] Apr/1 13, 2004 March 30, 2004 (Noon) [] October 12, 2004 September 28, 2004 (Noon) [] May 11, 2004 April 27, 2004 (Noon) [] November 9, 2004 October 26, 2004 (Noon) [] June 8, 2004 May 25, 2004 (Noon) · December 14, 2004 November 30, 2004 (Noon) NATURE OF · Consent Agenda [] Old Business [] Legal' AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: 11/30/2004 SUBJECT SUMMARY PARAGRAPH: Staff has attached is a letter extending the contract for The Urban Group for Phase I of the Heart of Boynton property purchase. The original contract was extended by the City of Boynton Beach and as such the Boynton Beach CRA must also extend The Urban Group contract to finish the original scope of work for Phase I of the Head of Boynton Beach. Legal Staff has prepared and reviewed the attached letter. RECOMMENDATION: Staff is recommending the approval of the contract. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The original contract for the Heart of Boynton Phase I was a piggy-back contract onto the City of Boynton Beach. The City of Boynton Beach has extended The Urban Group's contact, so they may complete their scope of work. The CRA must also extended their contract, so Phase I can be completed FISCAL IMPACT:~ The CRA has budgeted for these projects in this budget year. ALTERNATIVES: The alternative is to stop the HOB Phase I purchases. CRA Staff ectoT 7094 Susan Shares C:\Susan_shared files\contracts'~CRA Agenda Item Request forTUG contract extension.doc December 1, 2004 The Urban Group Attention: Howard Steinholz 1424 South Andrews Avenue, Suite 200 Ft. Lauderdale, Flodda 33316 RE: Consultant Agreement for Real Estate Services Dear Mr. Steinholz: As you know, the City of Boynton Beach recently renewed its existing contract with The Urban Group until a new RFQ is awarded and all existing task orders have been com. pleted Although the City's leffer of extension technically includes an extension for the CRA by virtue of the fact that the CRA's agreement is tied w~h the City's agreement, the CRA wishes to formalize its contract extension with The Urban Group. The CRA entered into a Consultant Agreement for Real Estate Administrative Services with The Urban Group on July 17, 2003 (attached hereto for your reference). The CRA would like to extend that agreement for the pUrpose of completing all existing task orders, including the Heart of Boyn~)n Project Phase I, under the same terms and cond~ons. If you agree to this extension, the new contract pedod would be from November 7, 2004, through the date of completion of the existing task orders. We look forward to hearing from you in wdting as to your agreement to this contract extension at your eadiest convenience. The CRA looks forward to continuing to work with you. If you have any questions or concerns, feel free to contact me or Doug Hutchinson. Very truly yours, Jeanne Heavilin Chair AMD#mu c: Douglas Hutchinson - Director, Boynton Beach CRA Dale Sugerman - Assistant City Manager, City of Boynton Beach Ken Spillias, Esq. Amy M. Dukes, Esq BOYNTON 8$ACH COMMUNHr~ RI;D~/~tOPMINT AGINCY 7095 63~1;. Ocean Ave Sro ~07 ' Boynton Beach, FL 3~35 Office: ~1-737-32~ · ~ax: ~)-737-3258. BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into Meeting Dates Turned Meeting Dates CRA Office into CRA Office [] January 13, 2004 December 30, 2003 (Noon.) [] July 13, 2004 June 29, 2004 (Noon) [] February 10, 2004 January 27, 2004 (Noon) [] August 10, 2004 July 27, 2004 (Noon) [] March 9, 2004 February 24, 2004 (Noon) [] September 14, 2004 August 31,2004 (Noon) [] April 13, 2004 March 30, 2004 (Noon) [] October 12, 2004 September 28, 2004 (Noon) [] May 11, 2004 April 27, 2004 (Noon) [] November 9, 2004 October 26, 2004 (Noon) [] June 8, 2004 May 25, 2004 (Noon) · December 14, 2004 November 30, 2004 (Noon) NATURE OF · Consent Agenda [] Old Business [] Legal AGENDA ITEM [] Director's Report [] New Business [] Furore Agenda Items [] Other Item DATE: 11/30/2004 SUBJECT SUMMARY PARAGRAPH: Staff has attached a purchase contract for Parcel #116 Jesus House of Worship at 1000 N. Seacrest Boulevard. The Urban Group has negotiated the purchase for $205,000; however Pastor Evans was seeking $230,000. RECOMMENDATION: Staff is recommending the purchase of Parcel #116 Jesus House of Worship at 1000 N. Seacrest Boulevard. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) This is one of the 31 properties the CRA Board approved for purchase. FISCAL IMPACT: The CRA has budgeted $2,000,000 for these projects in this budget year. ALTERNATIVES: The~lternative is to stop the HOB Phase I purchases. CRA Staff 7096 Susan Shares C:\Susan_shared ~es~'nemos\CRA Agenda Item Request forHOB propety, doc November 30, 2004 Mr. Douglas Hutchinson, Directdr Boynton Beach Community Redevelopment Agency 639 East Ocean Boulevard, Suite 103 Boynton Beach, Florida 33435 RE: Contract with attachments - Parcel il6 (Jesus House of Worship, ]:nc.) Dear Mr. Hutchinson: ] am enclosing a package including a signed contract for submittal to the CRA Board on Parcel 116 (Jesus House of Worship, ]nc). This package includes support documentation required by the Board to make a decision regarding the approval of the attached contract. The following items are included in this package: · Appraisal · Review Appraisal · Property Owner's Appraisal · One (1) Original Contract · Copies of Notices provided at initiation of Negotiations · Recommendation for Settlement · Relocation Costs Summary if you have any questions regarding these documents or require additional information, please call me at (954) 522-6226, extension 177. Sincerely, The Urban Group, Inc. Barry S, Lazarus Project Manager Enclosures 7097 The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort hauderdale, Florida 33316 TELEPHONE 954-522-6226 t FAX 954-522-6422 o www.theurbangroup.com NEGOTIATZON SUMMARY & RECOMMENDATION FOR SETTLEMENT Seller: Site Address: Jesus He~se of Wo~rship, Inc. 1000 N. Seacrest I~oulevard Boynton Beach, Florida 33435 Parcel No.: 116 Legal Description: Lot 1, less the West 25 feet and that part of said Lot 1, which is included in the external area formed by a 20 foot radius arc which is tangent to a line 25 feet East of and parallel to the West line of said Lot 1 and tangent to the South line of said Lot 1, and ali of Lot 2, in Block 4, of PALM BEACH COUNTRY CLUB ESTATES, according to the plat thereof, as recorded in Plat Book 11j at Page(s) 43, of the Public Records of Palm Beach County, Florida. Parcel Identification Number: 08-43-45-21-10-004-00:L0 Property Assessment Value: Appraised Fair Market Value: Date of Value: $99,299.00 $100,000.00 ]uly 15, 2004 Seller's Position: The Urban Group has negotiated a contract to purchase the subject parcel for $205,000.00. Pastor Eddie Evans was seeking $230,000.00 for the property, however agreed to accept the lower amount based on advice from Minister Edward Funches, and his appraiser Donald Muncy. .lacob Rose, attorney for the 3esus House of Worship, Inc. hired Mr.' Donald Muncy to appraise the property. Mr. Muncy valued the property at $196,600.00, with a date of value of October 6, 2004. This value includes $183,000.00 attributable to the real estate and $13,580.00 for interior fixtures and equipment ($183,000.00+$13,580.00 = $196,580.00 or $196,600.00, rounded). A separate fixtures/equipment report was prepared by Gary Maehl, Allied Appraisal Services. Buyer's Position: The CRA hired an independent State Certified General Real Estate Appraiser, D. Craig Keneipp to determine the fair market value of the subject property. Based on a date of value of July 15, 2004, the fair market value of this property is $100,000.00. This contract is contingent on the CRA Board approving the contract amount and a closing by 31, 2005. 7098 ~ Page 1 of 4 The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316 TELEPHONE 954-522-6226 · FAX 9s'~-522-6n22 NEGOTZATTON SUMMARY & RECOMMENDATZON FOR SETTLEMENT Seller: Site Address: 3esus H,o,~se of W,9[ship, ]'nc. 1000 N. Seacrest ¢oulevard Boynton Beach, Florida 33435 Parcel No.: 116 Legal Description: Parcel Identification Number: Lot 1, less the West 25 feet and that part of said Lot 1, which is included in the external area formed by a 20 foot radius arc which is tangent to a line 25 feet East of and parallel to the West line of said Lot I and tangent to the South line of said Lot 1, and ali of Lot 2, in Block 4, of PALH BEACH COUNTRY CLUB ESTATES, according to the plat thereof, as recorded in Plat Book Z J,, at Page(s) 43, of the Public Records of Palm Beach Coun(y, Florida. 08-43-45-21-10-004-0010 Property Assessment Value: Appraised Fair Market Value: Date of Value: $99,299.00 $100,000.00 3uly 15, 2004 Seller's Position: The Urban Group has negotiated a contract to purchase the subject parcel for $205,000.00. Pastor Eddie Evans was seeking $230,000.00 for the property, however agreed to accept the lower amount based on advice from Hinister Edward Funches, and his appraiser Donald Nuncy. 3acob Rose, attorney for the 3esus House of Worship, ]'nc. hired Mr. Donald Muncy to appraise the property. Mr. Muncy valued the property at $196,600.00, with a date of value of October 6, 2004. This value includes $183,000.00 attributable to the real estate and $13,580.00 for interior fixtures and equipment ($::[83,000.00+$13,580.00 = $196,580.00 or $196,600.00, rounded). A separate fixtures/equipment report was prepared by Gary Maehl, Allied Appraisal Services. Buyer's Position: The CRA hired an independent State Certified General Real Estate Appraiser, D. Craig Keneipp to determine the fair market value of the subject property. Based on a date of value of July 15, 2004, the fair market value of this property is $100,000.00. This contract is contingent on the CRA Board approving the contract amount and a closing by' 2005. o99- - Page 1 of 4 The Urban Group, Inc, · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316 TELEPHONE 954-522-6226 · FAX 9s4-52:-6.n Negotiation Summary & Recommendatio~ for Settl,ement Jesus House of Worship, Thc. - 1000 N. SEacrest BOulevard, Boynton Beach, Florida. November 30, 2004 Page 2 The language found in the CRA Standard Contract allows the Buyer to complete due diligence including an environmental assessment. In the event of any adverse findings, the Buyer has the right to withdraw from the contract without penalty. This clause gives the buyer the right to cancel the contract by delivering written notice to the seller no later than 5:00 p.m. on the second business day affcer the investigation period has lapsed. Comparison between the Two Appraisals: Both appraisers utilized the Sales Comparison approach, however used differeat property types that seem to have an impact on the value of the property. Mr. Keneipp limited his use of comparable sales to properties that are leased to a church. Mr. Muncy used freestanding commercial retail building sales consistent with uses allowable within C-2 zoning. Mr; Keneipp applied adjustments for location, building quality, building age/condition, site size, and functional utility. Three of his comparable sales had gross adjustments ranging from 30 to 50%. Mr. Muncy also applied adjustments for location, building size, and time with a gross adjustment range of 10 to 20%. Overall, Mr. Muncy's sales were considered marginally superior and his adjustments were better supported. * Includes market value of $13,580.00 for furniture/equipment in place. In addition, Mr. Huncy also relied upon a Fixtures & Equipment Appraisal report prov!ded by Gary Maehl of Allied Appraisal Services, Inc. Mr. Maehl estimated the depreciated value of the fixtures/equipment in place at $:13,580.00. This value was added to Mr. Muncy's market value of the real estate of $:183,000.00 to arrive at the total estimated value of the subject property of $196,600.00. 7100 Parc 2 of 4 Negotiation Summary & Recommendation for Settlement 3esus House of Worship, :[nc. - 1000 N. Seacrest Boulevard, Boynton Beach, Florida November 30, 2004 Page 3 Potential Cost of Litigation The CPA'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 CPA's and owner's combined litigation cost to exceed $45,000.00 ($17,000.00 property owner's costs + $28,000.00 agency costs). The breakdown of costs is as follows: The CPA'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 Lega~l Counsel in Fort Lauderdale, Florida. The breakdown of costs is as follows: TYPI'CAL EM?NENT DOMAZN LZT'XGATZON EXPENSES PROPERTY OWNERS CPA'S COSTS COSTS ·Appraisal Costs (update & testimony) $12,500.00 $12,500,00 Court Costs (Depositions, Hediation, Service of Process, Sheriff $0.00 $5,000.00 Fees, Notice of Action, Cour~ Reporter, 3ury Transportation) Suit Preparation Fees $0.00 $5,500.00 Attorney Fees $4,500.00 $5r000.00 TOTAL POTENTtrAL COSTS OF LTT1~GA'rZON ~27t000.00 ~;28t000.00 Comments/Recommendations: The contract purchase price is 105% over the CPA's appraised value, and 4.27% over the property owner's appraisal. Tn my opinion, both appraisal reports meet minimum USPAP requirements. However, Hr. Huncy's report was considered superior to Mr. Keneipp's report due to sales that are more relevant and stronger narrative support throughout the appraisal. :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 are recommending the CPA accept the property owner's counteroffer of $205,000.00. By agreeing to the aforementioned terms, the CPA can avoid risk-exposure related to a jury verdict above the CPA's appraised value, and avoid additional owner attorney, appraisal, contractor, expert witness fees, court costs, and O.T. preparation costs, -7101 Page ~ of 4 Negotiation Summary & Recommendation for Settlement Jesus House of Worship, Inc. - 1000 N. Seacrest Boulevard, Boynton Beach, Florida November 30, 2004 Page 4 ,~ ~ c~ul~_m~ed: Barry Lazarus Project Manager Date The Urban Group, Inc, Review Senior Realty Specialist Date Boynton Beach CRA Director's Concurrence: Douglas Hutchinson BBCRA Director Date Boynton Beach CRA Board Approval: Jeanne Heavilin Chairman, BBCRA Board Date Attachments: Appraisal Review Appraisal Property Owner's Appraisal One Original Contract Copies of Notices provided at Initiation of Negotiations (VN) cc: Howard Steinholz, File 7102 Page 4 of 4 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AGREEMENT FOR PURCHASE AND,~SALE OF REAL PROPERTY This Agreement for Purchase and Sale of Real Property (hereinafter the "Agreement"), is made and entered into as of the I day of November, 2004, by and between BOYNTON BEACH COMMUNITY R---EDEVELOPMENT AGENCY ('hereinafter referred to as "Buyer") and Jesus House.'of Worship, Inc. (hereinafter referred as "Seller"). In consideration of the mutual agreements set forth below, the parties agree as follows: 1.0 Definitions. The following terms when used in thi~ Agreement shall have the following meanings: 1.1 . Buyer..BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public .body corporate and publicl created pursuant to Chapter 163 of the Florida Statutes 1.2 Buyer's Corporation authorized to behalf of the Buyer Agent. THE URBAN GROUP, INC., a Florida negotiate this Agreement and make deposits on 1.3 Closing. The delivery of the Deeds to Buyer concurrently with the delivery of the PUrchase Price to Seller. 1.4 Closing Date. The date of the Closing as determined in accordance with Paragraph 10 below. 1.5 Deed. One (1) Statutory General Warranty Deed which shall convey the Property from Seller to Buyer. 1.6 Effective Date. The date that this Agreement is executed by the last party to sign it, party for purposes of this section only are Seller and Buyer's Agent. 1.7 Governmental Authority. Any federal, state, county, municipal or other governmental department, entity, authority, commission, board, bureau, court, agency or any instrumentality of any of them which has jurisdiction over the Property. 7103 1.8 Governmental Requirement An'/ laTM, enactment, statute, code, ordinance, rule, regulation, judgment, decree, writ, injunction, franchise, permit, certificate, license, authorization, agreement, or other direction or requirement of any Governmental Authority now existing or hereafter enacted, adopted, promulgated, entered,-o1?issued applicable to the Property, or to any appurtenances, structure, use Or facility, on or adjacent to, the Property. 1.9 Property. That certain real property located in the City of Boynton Beach, Palm Beach County, Florida, and more particularly described as parcel on Exhibit "A" attached hereto and made a part hereof, together with all improvements, property rights, easements, privileges and appurtenances thereto. 1.10 Purchase Price. The price the E~uyer shall pay the Seller for the Property as more fully set forth in Paragraph 3 below. 1.1 1 Seller. For purposes of this Agreement, the-Seller of the Property. 1.1 2 Title Commitment. A title insurance commitment issued by or written on the Title Company, agreeing to issue the Title Policy to Buyer upon payment of the Purchase Price and recording of the Deed and execution and recording (if applicable) of other closing documents. 1.13 Title Company. The title insurance company, licensed and authorized to conduct business in the State of Florida as selected by Buyer. 1.14 Title Policy. An ALTA Form B Owner's Title Insurance Policy in the amount of the Purchase Price, insuring Buyer's title to the Property, subject only to the Permitted Exceptions. 2.0 Deposit and Right to Close. 2.1 For good and valuable consideration of the deposit set forth below paid by Buyer to Seller, Seller hereby grants to Buyer and Buyer hereby accepts from Seller the right to purchase and acquire the Property from Seller on the terms and conditions hereinafter set forth such that the payment of the Purchase Price shall be as set forth in Section 3.0. Buyer shall place a non-refundable deposit of Ten Dollars (8 10.00 ) with Buyer's Agent who shall tender said amount to Seller on the date this Agreement is effective. This deposit and any deposit held pursuant to Section 2.3 shall be subtracted from the total purchase price. 7104 2.2 Buyer shall be obligated to give Seller notice within 4_~5 days of the Effective Date, that Buyer has elected to close in accordance with this Agreement. Whereupon, Seller shall be obligated t° provide to Buyer all prior title policies and surveys in its possession pertaining to the subject real property. 2 2.3 Upon exercise of the right to close, Buyer shall place a second deposit of ~N/A Dollars ($0._Q~ with Buyer's Agent. 2.4 If Buyer does not exercise this right to close within the period stated above in Paragraph 2.1, this right of the Buyer shall automatically and immediately terminate without notice and the parties shall automatically be released from further liability hereunder. In the event Buyer fails to exercise this right, Seller shall retain the deposit sum paid as stated in Section 2,1 as the sole and exclusive remedy for failure of Buyer to close. 3.0 Purchase Price. The total Purchase Price for the Property to be purchased by the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, from the Seller, is the sum of ,~,.e~H.. ..... ~- ..... .~ ~, ...... ~$ ~ ~T-be~urchase shall be cont n · ?_o~, ~oo, o~3. ~-~'~uver's re~+ -, - gen~ upon the following. .... ~, u~ an appraisal for the Property reflecting that the property has a fair market value equal to or exceeding the purchase price unless purchase is otherwise approved by the CRA Board. 3.2 Approval of the Agreement and right to close by the Buyer, CRA Board, on or before March 31, 2005. 3.3 The Buyer's obligation to close on the Property is contingent on Buyer acquiring the parcel for the sum total . ~ (~ I.-e49¢~ ~,,~ _ of Or+e~Hun~ced 3.4 Buyer's obligation to consummate the transaction referenced herein is contingent on the Seller conveying the. real property free and clear of all liens, leases, claims and interest of third parties. ~.0 I_nspections. Buyer shall have until the "closing date", to make any inspections it deems necessary, fthe "Inspection Period"). During the Inspection Period, Buyer may determine that the Property has adequate services available and that all Federal, State~ County and local laws, rules and regulations have been and are currently being complied with relative to the Property. This Agreement is contingent upon Buyer, at its sole cost and expense, obtaining and accepting a satisfactory Phase I Environmental Audit and an asbestos survey which may include sampling of the property. Seller consents to all sampling that may be required to complete the asbestos survey. In the event that the Phase I Environmental Audit reveals the existence or the .potential existence of contamination, hazardous conditions, hazardous waste or other adverse conditions as defined by applicable Federal and State Statutes, Rules and Regulations, then Buyer shall have the right of obtaining a Phase 11 Audit of the property. Ih the even( that any inspections and any review of documents conducted by th~]~CJyer relative to the Property during 3 the period prior to the Closing Date prove unsatisfactory in any fashion, the Buyer, at its sole discretion, shai'~-be entitled to terminate this Agreement by providing written notice to Seller and receive an immediate refund of any deposits made pursuant to Paragraph 2.3 only or proceed to closing as set forth. 5.0 Evidence of Title. 5.1 Delivery of Title Commitment. Within twenty (20) days of the Buyer's BBCRA Board approval of the right to purchase, Buyer shall obtain a Title Commitment, at Buyer's cost, and shall deliver a copy of the Title Commitment to Seller's attorney within three (3) days of receipt of the title commitment. 5.2 Marketable Title. Seller shall convey marketable title to the Property, subject to the Permitted Exceptions. Marketable Title shall be determined according to the Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have ten (10) days from the date of receiving the Title Commitment to examine same. If title is found defective, Buyer shall within ten (10) days of receiving the title commitment notify Seller in writing of any specific title defects. If Seller has not received written notice from Buyer of a title defect, Buyer shall waive any title objections, and accept the title in its existing condition. The Buyer's notice of the title defects shall include a statement of how the defects should be cured. If said defects render title unmarketable (other than encumbrances that would otherwise be paid at closing), Seller shall have fifteen (15) days from receipt of notice within which to remove said defects, providing that Seller shall not be obligated to spend more than $ 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. ?10d 6.0 Survey. Prior to the Closing Date, Buyer may obtain at its expense a survey (the "Survey") of the Property Showing all improvements thereon prepared by a land surveyor' or engineer registered and licensed in the State of Florida. The Survey shall show the legal description of the Property to be the same as Exhibit "A" attached hereto. The Buyer may require any reasonable revision to the lega!- d¢scriptio~so long as any such revision does not result in Seller being required to convey any lands or rights other than those described to be within the Property described on Exhibit "A" attached hereto. Any obiections must be delivered to Seller's attorney no later than the twenty (20) days prior to Closing Date. 7.0 Seller's Representation. Seller hereby represents and warrants to Buyer as of the Effective Date and as of the Closing Date as follows: 7.1 Seller's Authority. Seller has legal 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 contemplCted by this Agreement is within Seller's capacity and, all requisite action has been taken to make this Agreement valid and binding on Seller in accordance with its terms. 7.2 No Legal Bar. The execution by Seller of this Agreement and the consummation by Seller of the transaction hereby contemplated does not, and on the Closing Date will not, result in a breach of, or default under, any indenture, agreement, lease, instrument, pending guardianship, obligation or the agreement of limited partnership, limited partnership certificate or related instruments affecting the Seller, to which Seller is a party and which affects all or any portion of the Property, or to Seller's knowledge, constitutes a violation of any Governmental Requirement. 7.3 No Default. Seller is not in default under any indenture, mortgage, deed of trust, loan agreement, lease or other agreement to which Seller is a party and which affects any portion of the Property. 7.4 .Title. Seller is the owner of marketable title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions and encumbrances of records which will be paid at Closing. 7.5 .Litigation There are no actions, suits, proceedings or investigations pending or, to the knowledge of Seller, threatened against Seller or the Property affecting any portion of the Property. 7107 7.6 Parties in Possession. There are no parties other than Seller in possession of any portion of the Property as a lessee with the exception of M/A , tenant at sufferance, or trespasser, hereinabove set forth in connection with the current use of'th'~ Property. Seller m~y allow use by others during term of this Agreement, but Property shall be vacant at time of 5 closing. Seller shall be obligated to insure that any lease presently in effect, as of the date of this Agreement ~h~t~ be tern~i~ated by providing lawful notice to the tenants and obtaining the possession of the property. 7.7 Buyer's Remedies for Seller's Misrepresentations. In the event that Buyer becomes aware prior to Closing that any of Seller's warranties or representations set forth in this Agreement are not true any time prior to Closing, and in the event Seller is unable to render any such representation or warranty true and correct as of the Closing Date, Buyer may either: (a) terminate this Agreement by written notice .thereof to Seller, in which event the parties will be relieved of all further obligations hereunder; or (b) elect to close under this Agreement notwithstanding the failure of such representation and warranty, in which event the Closing shall be deemed a waiver by Buyer of the failure of such representation and warranty. 8.0 Buyer's Representations. The Buyer hereby represents and Warrants to the Seller as of the Closing Date that Buyer has full and complete authority subject to laws applicable tO Buyer, to purchase the Property and to comply with the terms of this Agreement, and the execution and delivery of this Agreement by Buyer and the consummation by Buyer of the transaction hereby contemplated are within Buyer's capacity and all requisite action has been taken to make this Agreement valid and binding on Buyer in accordance with its terms. 9.0 Conditions Precedent to Closing. Each of the following events or occurrences (the "Conditions Precedent") shall be a Condition Precedent to Buyer's obligation to close this transaction. If the Conditions Precedent have not been satisfied on or before the Closing Date, Seller shall have ten (10) days within which to satisfy the unsatisfactory condition and should Seller not have done so within said ~0-day period, Buyer shall have the right to either (a) terminate this Agreement by giving notice thereof to Seller, whereupon Buyer and Seller shall be relieved of ali further obligations under this Agreement; or (b) waive the condition and close. 9.1 Representations. The material representations and warranties made by Seller in this Agreement shall be true and correct on the Closing Date subject to the 10-day extension provided in Paragraph 9 above. 9.2 Seller's Obligations. Seller shall have performed all covenants, agreements, and obligations and complied with all conditions required by this Agreement to be performed or complied with by Seller prior to the Closing Date. ?.t08 ' d 9.3 The Property shall be free and clear of any persons, tenants, personal property of af~¥,.kind or r~,leted appurtenances on the Closing Date. In the event Seller is unable to satisfy this representation, the Buyer shall have the option to extend the closing for thirty (30) days to insure that the Property is vacant. 9.4 Seller shall make available (at Seller's office or Seller's attorney's office) to Buyer no later than twenty (20) days following the Effective Date of this Agreement, copies of all documents which Seller may have in its possession pertaining to the Property including, but not limited to, building plans, architectural plans, building permits, impact fee assessments, notices of special assessments, notices of sewer fees and water fees, unrecorded restrictive covenants, variance applications/approvals, special exception application/approvals, engineering plans, unrecorded developer agreements, environmental reports, surveys and prior title insurance policies, title commitments, and title exceptions pertaining thereto. 9.5 Seller has no actual knowledge nor has it received any written notice that there has been any discharge of hazardous material at the Property. As used herein, the term "Hazardous Material" shall mean any substance, water or material which has been determined by any state, federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U. S. Environmental Protection Agency, the U. S. Department of Labor, the U.S. Department of Transportation, or any other state or local governmer~tal agency now or. hereafter authorized to regulate materials and substances in the environment (collectively "Governmental Authority(les)"/. Seller acknowledges that Buyer must rely on its Environmental reports and assessments as Seller is not aware of Property's environmental condition other than as stated above. 9.6 Seller shall continue to possess the property until closing and shall maintain the same in its present condition, reasonable wear from ordinary use excepted. Risk of loss from fire, casualty, or other liabilities not caused by the Buyer's gross negligence or intentional acts, shall be Seller's until closing. Seller shall maintain adequate insurance against loss, including extended coverage, during such period. If the property is damaged by fire or other casualty to closing, Buyer shall have the right to take the property "as is" together with insurance proceeds, if any, or receive a reduction in the purchase price of the property in an amount equal to the loss. The parties shall agree to the reduction, if any, but if the parties cannot agree upon the amount of loss, an independent appraiser/adjuster shall be selected whose determination shall be binding. The cost of the appraiser/~djus~er shatl be borne equally by the parties hereto. 7109 10.0 Closing, The Closing shall occur at a mutually agreed time on or before thirty (30) days from the ~te this ~greement is approved by the CRA Board and shall take place at a mutually agreed upon location, 11.0 Seller's Closing Documents. At closing, Seller shall deliver the following documents ("Seller's Closing Documents") to Buyer: 11.1 General Warranty Deed. The Statutory General Warranty Deed shall be duly executed and acknowledged by Seller so as to convey to Buyer good and marketable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title, other than the Permitted Exceptions and exceptions not duly objected to by Buyer. 11.2 Mechanic's Lien Affidavit. A mechanic's lien affidavit in the customary form, attesting that (a) no individual, entity or Governmental Authority has any claim against the Property under the applicable mechanic's lien law, (b) no individual, entity or Governmental Authority is either in possession of the Property or has a promissory interest or claim in the Property (except Buyer), and (c) no improvements to the Property have been made for which payment has not been made. 11.3 Gap Affidavit. An affidavit in form and content reasonably satisfactory to the Title Company to facilitate the insuring of the "gap", i.e., the deleting as an exception to the Title Commitment any matters appearing between the effective date of the Title Commitment and the effective date of the Title Policy, 11.4 FIRPTA. A FIRPTA Non-Foreign Entity Transferor Certificate or Exemption Certificate or document evidencing withholdings, in accordance with Section 1445 of the Internal Revenue Code. 11.5 DR-219. A DR-219 Form as required for recording. 12.0 Buyer's Closing Documents. At closing, Buyer shall de~iver the following documents (Buyer's Closing Documents) to Seller; 12.1 Approval, Written documentation of Buyer's authority to purchase the property. 13.0 Closing Procedure, The Closing shall proceed in the following manner: 7110 13,1 Transfer of Funds. BUyer shall Pay the Purchase Price to the Seller by transfer of funds to the account designated by Seller. 13,2 Delivery of Documents. Seller shall deliver Seller's Closing Documents to the Buyer. 14.0 Closing Costs, and Taxes, Prorations. 14.1 Ad Valorem Taxes. Seller shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Revenue Collector. 14.2 Seller's Closing Costs. Seller shall pay for the following items prior to or at the time of Closing: Cost of providing marketable title as provided herein; documentary stamps' on the Warranty Deed. 14.3 _Buyer's Closing Costs. Buyer shall pay for the following items prior to or at the time of Closing: Recording of Deeds; title insurance premium; survey costs, appraisal costs, Phase I, Phase II (if applicable), Environmental Assessment Report costs and related expenses. 15.0 Possession. Buyer shall be granted full possession of the Property at Closing. 16.0 Condemnation. In the event of the institution of any proceedings by any Governmental Authority which shall relate to the proposed taking of any portion of the Property by eminent domain prior to Closing, or in the event of the taking of any portion of the Property by eminent domain prior to Closing, Seller shall promptly notify Buyer and Buyer shall thereafter within fifteen (1 5) 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 p¢oceed to Closing and Seller shall assign all of its right, '[itle a'~d interest in all awards in connection with such taking to Buyer. 7! 17.0 Notice. Notices shall be in writing delivered by hand, or by certified mail, return receipt r. eq~uested, q!; overnight delivery by nationally recognized service, to the addressee at the address set forth herein, or by facsimile transfer, and shall be deemed to have been delivered on the date of receipt of such notice, if hand-delivered, or, if mailed, on the date the receipt for which the certified mail is signed or refused, by the addressee or its authorized agent or employee, or if by facsimile transfer, by confirmation of transmission. Either party may change the address for notice to that party by delivering written notice of such change in the manner provided above, such change to be effective not sooner than ten (10) days after the date of notice of change. If either party relies upon a hand delivery as described herein, then the party using this medium shall maintain an appropriate receipt of delivery, in the normal course of business. AGENT FOR BUYER: THE URBAN GROUP, INC. c/o Howard Steinholz, Esquire 1424 S. Andrews Avenue, Suite 200 Fort Lauderdale, FL 33316 As authorized agent for the BBCRA SELLERS: Jesus House of Worship, Inc. c/o Pastor Eddie Evans 112 NW 5~h Avenue Boynton Beach, Florida 33435 18.0 Default If the Buyer shall fail or refuse to consummate the transaction in accordance with the terms and provisions of this agreement, all deposits and interest shall be forfeited to Seller as agreed upon liquidated damages. In the event of such default by Buyer, Seller's sole and entire remedy shall be restricted to retention of the deposit plus all accrued interest, if any, and Buyer shall have no other responsibility or liability of any kind to Seller by virtue of such default. In the event of a default by Seller, the Buyer shall have all remedies available to it which shall include the return of the earnest money and accrued interest as liquidated damages and/or equitable relief such as specific performance. The Buyer should be entitled to equitable relief to enforce the terms and conditions of this agreement either through a decree for specific performance or injunctive relief. 711 OB 10 19.0 Miscellaneous. 19.1 Counterpar~s/'*- This Agreement may be executed in any number of counterparts, any one and all of which shall constitute the contract of the parties. The paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. 19.2 Amendment. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by both Seller and Buyer. 19.3 Attorneys' Fees. If any party obtains a judgEnent against any other party by reason of breach of this Agreement, attorneys' fees and costs shall be included in such judgment. 19.4 Governing Law and Venue,. This Agreement shall be interpreted in accordance with the laws of the State of Florida, both substantive and remedial and venue shall be in Palm Beach County, Florida. 19.5 Entire Agreement. This Agreement set forth the entire agreement between Seller and Buyer relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the parties. 19.6 Computation of Dates. If any date computed in the manner herein set forth falls on a legal holiday or non-business day or non-banking day, then such date shall be extended to the first business day following said legal holiday or non-business day or non-banking day. 19.7 No Recordin,q. This Agreement or any notice or memorandum hereof may not be recorded in the public records of any county in the State of Florida. 19.8 No Brokers. Seller and Buyer each represent to the other that it has not dealt with any commissioned broker, salesperson or agent in connection with the execution and delivery of this Agreement, and the other party shall not be required to pay any commission whatsoeyer with respect to this Agreement resulting from the actions of the party making such representations. Seller and Buyer in accordance with the limitations of the Florida Statutes and law, each indemnify and hold each other harmless from and against any and all losses, costs, damages, liabilities and expenses (including without limitation, reasOnable-attorheys, and paralegal fees) resulting from a breach by the indemnifying par,l~8~f the foregoing representation. 7110C ll 19.9 Acceptance of Deed. The acceptance of the Deed by Buyer shall be deemed full performance and ~t~charge of every agreement and obligation on the part of Selle~ t~ be performed pursuant to this Agreement, except those which are specifically stated to survive delivery of the Deeds and closing. 19.10Interpretation. Should any term or provision of this Agreement be subject to judicial interpretation, it is agreed by Seller and Buyer that the court interpreting or construing the same shall not apply a presumption that the term or provision shall be more strictly construed against the party who itself or through its agents and attorneys of each party have participated in the preparation of the terms and provisions of this Agreement and that all terms and provisions have been negotiated. 19.1 1 Captions~ Headin§s~ Etc. Captions, headings, section and subsection numbers in this Agreement are for convenience and reference only, and shall have no effecl; upon the meaning of any of the terms or provision herein. 19.12Waiver: Failure of either party to insist upon compliance with any term or provision hereof shall not constitute a waiver thereof, and no waiver of any term or provision of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted. Any waiver of any term or provision of this Agreement shall only be applicable to the specific term or provision and instance to which it is related, and shall not be deemed to be a continuing or future waiver as to such term or provision or as to any other term or provision. 19;13 No Third Party Beneficiary. The terms and provisions of this Agreement are for the exclusive benefit of Seller and Buyer, and not for the benefit of any third party, and this Agreement shall not be deemed to have conferred any rights, express or implied, upon any thi?d party. 19.14 RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 7110D 12 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated below. WITNESSES: (Print Name} ~Print Name) BUYER: THE URBAN GROUP, INC. as agent for BBCRA ' Barry Lazarus Date Executed: WITNESSES: (Print Name) Pr~-n;~ Name) WITNESSES: (Print Name) SELLER: Pastor Eddie Evans Date Executed: _1[ - I -_~ ?)~ BUYER: APPROVED BY CRA BOARD By: Chair, Jeanne Heavilin (Print Name) Date Executed: 7110E EXHIBIT "A" L EG/~E. DESCriPTION [.ct 1, less the West 25 feet and that part of said Lot 1, which is included in the external area formed by a 20 foot radius arc which is tangent to a line 25 feet East of and parallel to the West line of said Lot 1 and tangent to the South line of said Lot 1, and all of Lot 2, in Block 4, of PALM BEACH COUNTRY CLUB ESTATES, according to the plat thereof, as recorded in Plat Book ll, at Page(s) 43, of the Public Records of Palm Beach County, Florida. Folio No,: 08-43-45-21-10-004-0010 7110F 14 Florida Coastal AppraiSal Services Real Estate Appraisers and Consultants 210I South Andrews Avenue Suite 205 Fort Lauderdale, FL 333 I6 954 779?3298 (office) 954 779-3395 (Fax) July 15, 2004 Mr. Dale Sugerman The City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Re: HEART OF BOYNTON CRA Parcel 116/Jesus House of Worhip De~Mr. Sugerman: I have personally inspected the above referenced parcel and made a complete, summary, appraisal of the property in accordance with your request. The purpose of the appraisal is to estimate the market value of the subject property to be acquired. Market value is defined in this report. The interest appraised is fee simple title. In my opirfion, based on available information, the total compensation due, as of July 15, 2004 is: $100,000 ( One Hundred Thousand Dollars) Our office wishes to thank you for the opportunity of being of service and trusts we may be of further assistance. ~ou will advise us if Sincerely, 1491 AUG ! 1 2004 7110G CERTIFICATE OF VALLrE City: Boynton Beach County: Palm Beach Parcel No.'. 116 I certif7 that, to the best of my knowledge and belief: 1. The statements of fact contained in this report.ar~.~ue and corr.. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, unbiased, professional analyses, opinions, and conclusions. 3. I have ix] no [ ] a present or prospective interest in the property that is the subject of this report, and I have ix] no [ 1 a personal interest or bias with respect to the parties involved. 4. My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. 5. My analyses, opinions, or conclusions were developed and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice, and the provisions of Chapter 475, Part II, of Florida Statutes. 6. I have made a personal inspection of the properly that is the subject of this report and I have afforded the property owner the opportunity to accompany me st the time of the inspection. I have also made a personal inspection of the comparable sales relied upon in making this appraisah The subject and the comparable sales relied upon in making this appraisal were as represented by the photographs contained in this appraisal. 7. No persons other than those named herein provided significant professional assistance te the person signing this reporL 8. I understand that this appraisal ia to be used in connection with the acquisition for a redevelopment project by the city of Boynton Beach with the assistance of Federal-aid highway funds, or other Federal or State funds. 9. This appraisal has been made in conformity with the appropriate State laws, regulations, policies and procedures applicable to the performance to appraisal: and, to the best of my knowledge, no portion of the property vaIue entered on this certificate consists of items which are noncompensable under the established law of the State of Florida 10. I have not revealed the findings or results of this appraisal to anyone other than the proper officials of the Boynton B Redevelopment Authority and I will not do so until so authorized by City officials, or until I am required by due process of law, or until released from this obligation by having publicly testified as to such findings. 11. Regardless of any stated limiting conditions or assumptions, I acknowledge that this appraisal report and all maps, data, summaries, charts and other exhibits collected or prepared under this agreement shall become the properly of the City without restriction or limitation on their use. Based upon my independent appraisal and the exercise of my professional judgment, my opinion of the market value for the part taken, including net severance damages after special benefits, if any, of the property appraised as of the 15th day of July, 2004 is: $100,000.00 Market Value: $'100,000 Land Area: 9.023 Souare Feet July 15, 2004 Date property Type Code *(1234) UIBW * Praperty Type Codes: 1. R-Rural 3.H-(Home)Residence 4. W-Whole Take U-Urban S- (Business)Commercial P-Par[iai 2. I-Improved r-(Factory )Industrial Apprai~ig,~en~ 491 7110H 7088 Parcel 116 Table of Contents Transmittal Letter ................................. ~.. ::~.. ............ .: ~:. ................................................... 1 INTRODUCTION AND PREMISES OF THE APPRAISAL ................................... 2 Certificate of Value .............................. , ........................................................................... 2 Table of Contents ............................................................................................................. 3 Summary of Salient Facts and Conclusions ..................................................................... 4 Property Rights Appraised ........................................................................ : ................... ~..5 PRESENTATION OF DATA ....................................................................................... 7 Description of Area and Neighborhood ........................................................................... 8 Description of the Property .............................................................................................. 9 Type of Property .............................................................................................................. 9 Photographs ...................................................................................................................... 12 ANALYSIS OF DATA AND CONCLUSIONS ............................................ :: ............ 16 Highest and Best Use Analyses ........................................................................................ 16 Indicated Value by Sales Comparison Approach ............................................................. 22 Indicated Value by Income Approach .............................................................................. 28 Reconciliation of Val~e Indications and Final Value Estimate ....................................... 29 Addenda .......................................................................................................................... 30 Property Owner Letter Improved Sales Data Appraisers Qualifications Assumptions and Limitations 7110I Parcel 116 Summary of Salient Facts and Conclusions Property Owner's Name and Address Jesus House of Worship, Inc. 112 NW 5th Avenue Boynton Beach, Florida 33435 Property Address and Location 1000 N. Seacrest Boulevard Boynton Beach, FL Site Size According to the Palm Beach County public records from the County Appraiser's website, the site contains about 9,023 square feet. The parcel size being used for the parent tract is as follows: Acres S qu_ar e Feet Parent Tract .2071 9,023 Present Use The subject is a single user commercial building that has been converted for use as a church. Highest and Best Use As improved. Date of Value July 15, 2004 Date ts) of Inspection June 10, 2004 and July 15~ 2004 Owners Who Accompanied the Appraiser The property owner notification letter was hand delivered to the property owner. The date of delivery was by June I0, 2004. A copy of the letter is contained in the addenda. An inspection was made of the property on June 10, 2004. A representative of the church accompanied the appraiser on the inspection. The appraiser was unaccompanied on subsequent exterior only re-inspections on various dates. Extent of Inspection The property was field inspected, both the interior and exterior of the building. The building was measured with a tape measure. Photographs were taken, descriptive property notes were taken. Improvements in the Take All the building and site improvements are in the take area. Refer to the building improvements section of this report for a further discussion. Estimate of Value: $100,000 .7110J 4 Parcel 116 Type of Appraisal and Report Format This narrative constitutes a complete summary appraisal report. Purpose, Intended Use, Intended User~r the Appraisal The purpose of the appraisal is to estimate the market value. The intended use of an acquisition appraisai is for the intended user, the Boynton Beach Redevelopment Agency to use as a basis for establishing Full Compensation, as applicab!e, of the whole property for acquisition by the Agency, for use in conjunction with a redevelopment project. Definition of Market Value As defined by the Uniform Standards of Professional Practice: The most probable price which a property should bring ina 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 consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1) Buyer and seller are typically motivated; 2) Both parties are well informed or well advised, and acting in what they consider their own best interests; 3) Reasonable time is allowed for exposure in the open market; 4) Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5) The price represents the normal consideration for the property sold unaffected by special or creative financing of sales concessions granted by anyone associated with the sale. ~ Property Rights (Interest) Appraised The subject is operated by the church. The subject is appraised in fee simple title as though free and clear of all encumbrances. It is theoretically appraised as though absolute title is vested in the owners on the date of valuation, subject only to commonly found encumbrances such as standard utility easements, zoning, mortgage financing, etc. which are considered universal among competitive properties. The fee simple estate is subject to the limitation imposed by governmental powers of taxation, eminent domain, police power and escheat. 7110K ~ Uniform Standards of Professional Appraisal Practice, 2002 Parcel 116 Scope (Extent of Process of Collecting, Confirming, and Reporting Data) In the preparation of this appraisal, the appraiser has relied upon information from several sources including the Boynton Beach Redevelopm~ent Agenc?, information provided by the property owner, and market data gathered from public reco~ds~,md through interviews With brokers, property managers and other property owners. Market data (such as comparable sales) that is initially obtained through researching the public records, is confirmed with one or more parties to the transaction through telephone conversations or personal interviews. The appraiser has no ability to audit or detect fraud. If information independently researched by the appraiser or provided by the client or property owner appears on the surface to be reasonable it is relied upon as tree and correct. No in,depth investigation is made into the parties to leases or other real estate transactions. Fraud is known to be present in the real estate market. Information is also often withheld from the appraiser in the confirmation process. The real estate market is an imperfect market and the user of this report is expected to exercise reasonable and proper due diligence as deemed necessary to make informed decisions regarding the subject property. Appraisal Problem The appraisal problem is to estimate the market value of the property for total acquisition. Parcel 106 is the total taking of a commercial~ building wkich has been converted into a church. The building is a single user building that is currently operated as a church. The subject building is almost 30 years old, being built in 1973. 7110L Parcel 116 PRESENTATION OF DATA Identification of Property and Legal Description Location ,- ~, ~, The subject street address is 1000 SeaCrest Blvd. Legal The following legal description from public records. Lot 1 less road r/w, and all of lot 2 PALM BEACH COUNTY CLUB ESTATES (i 1-4), as recorded in the Public Records of Palm Beach County, Florida. :. 7!10M Parcel 116 Description of Area and Neighborhood A detailed area and neighborhood analysis is not provided as part of this summary appraisal. A summary area and neighborhood analy~is~;[~ as follo~s. The subject property is located h~ south-eastern Palm Beach county in an eastern Boynton Beach neighborhood. The neighborhood can generally be described as being bounded on the south by Boynton Beach Boulevard and on the north by the C-16 Canal at NW 14 Avenue and on the east by the Florida East Coast Railroad and the west by 1-95. The neighborhood is within a mile of and has good access to 1-95. Seacrest Boulevard intersects with Gateway Boulevard to the north and Boynton Beach Boulevard to the south. Both roads interchange with 1-95 to the west of Seacrest Boulevard. US 1 is less than half a mile to the east. The subject property is in a commercial node at the intersection of Martin L__uther King Jr. Boulevard CNE/NW i0th Avenue) and Seacrest Boulevard. The predominant uses are small commercial owner/users and commercial tenant space, convenience and grocery type stores restaurants and churches. The target market for proprietors in the area is nearby local residents who are generally within walking distance. The nearby residential uses consist of single family housing, and multi-family apartments. There is new single family residential construction in the neighborhood. Residential use lots that were vacant for years are being purchased and developed. The subject neighborhood was developed in 1950's and 1960's. There are many vacant commercial and single family lots in the neighborhood h are for sale. In conclusion, the subject neighborhood is stable. There has been one commercial building expansion and renovation of a restaurant building. A church has been converted from a commercial Laundromat (subject property). Although no vacancies exist for general rental commercial space in the immediate subject neighborhood, despite full occupancy for most properties, rents have not been rising. Despite Iow interest rates and the willingness of commercial lenders to make available development funding and existing building loans, no new 'commercial construction has taken place in the immediate neighborhood in recent years. 7110N 8 Parcel 116 Description of the Property, Photographs, Sketches Type of Property: The subject property is improved w/tk~a single~,~tory, single user, general commercial building redeveloped as a church. Existing Use The existing use is a church. Land Area According to public records, the parent tract contains about 9,023± square feet. Site Shape: The parent tract is rectangular shaped. Site Dimensions: Exact site dimensions are unavailable as no survey was provided. Real estate data maps indicate platted frontage of approximately 115 feet on Seacrest Boulevard and approximately 75 feet deep along NE 9th Avenue. Ingress and Egress: The parent tract has approximately 115 feet of frontage on the east side Seacrest Boulevard, a neighborhood connector road with four lanes. There are concrete sidewalks, a driveway, and curb and gutter. The property has one driveway fronting on NE 9th Avenue. There is no median on Seacrest Boulevard, therefore both northbound and southbound ~'affic may access the site in front of the subject. Tol~o~ral~hv: The site is generally level and at grade with Seaarest Boulevard. Flood Plain Data: According to flood map NO. 120196 0004 C, dated September 30, 1982, prepared by the National Flood Insurance Program, the subject property is located in Flood Zone C. Zone C is an area of minimal flooding. Drainage: Drainage appears to be adequate under normal conditions. Soil Characteristics: To the appraiser's knowledge, no soil tests have been made. The surface soil that was visible was sandy. Subsurface soil characteristics are unknown. 71100 Parcel 116 Utilities on Site: Utilities on site are as follows: Telephone: Electricity: Water: Sewer: Gas: Southern Bell Florida P?W~ & Light,Company City Municipal sewage disposal Amerigas Utilities Available: Ail utilities are available and on site. Site Improvements: Site improvements consist of asphalt paving, landscaping. Easements~ Encroachments or Restrictions and Their Effect or Limitation: The appraiser was not provided a survey or title report which would indicate e~sements, encroachraents, or restrictions. Utility easements are normal in the market and may encumber the site. Any other possible legal constraints relating to zoning, title or deed restrictions, as well as easements or encroachments should be checked by a qualified attorney and/or title company. Building Description The principal building improvements consist of a single user general commercial building currently us as a church. Type of Construction: The building is constructed of CBS. Exterior finish is painted stucco. The roof is flat tar and gravel. Qualit~ of Construction: ' Average Condition: A~verage Physical Age: 1973 year built; 31 years 1,386:~ square feet as measured and cordirmed with county data. Number of Units: Number/Kind of Rooms: Church hali pew and portable seating, altar, office, storage, bathrooms. Fixtures: The following immovable business fixtures belong to the owner of the real estate: Telephone Service Lines Hot waterheater 7110P 10 Parcel 116 Market value estimates are not provided for the above fixtures. These items or the/r equivalent are included in the comparable sales discussed in the direct comparison analysis and in the rent comparables used to establish economic rent for the subject. Therefore market value estimates are a component of, and not an addition to the appraiser's m,ari~oI value es~tignate for the subject property. Trade Fixtures & Equipment to be Treated and Appraised as Real Property: All of the above described immovable business fixtures are included as part of the real property appraised. Trade Fixtures & Equipment Considered Personal Property: Church equipment includes church furniture, altar stand, sound equipment. The church equipment is personal property and is not included in the appraisal valuation. Other Pertinent Features: No unique and/or unusual characteristics 7110Q 11 Subject Photos Parcel 116 7110R Subject Photos Parcel 116 7110S Parcel 116 Existing Transportation Facility Description Seacrest Boulevard is a connector with two southbound lanes, two northbound lanes and one center turn lane with no traffic control median. The road is improved with sidewalks, curb and gutter, and streetlights. The subject is near the no~the~st corner icfthe signalized intersection of Martin Luther King Jr. Boulevard and Seacrest Boulevard. Zoning, Land Use Plan and Concurrency The subject property is zoned C-2, Neighborhood Commercial, by Boynton Beach as per the city zoning map dated January 13, 2003. It has LCR, Local Retail Commercial land use designation as per the future land use map dated March 13, 2002. The zoning and land use are in conformity. The C-2, Neighborhood Commercial District provides a limited number of small commercial facilities as retail convenience nature, intended to service individual residential neighborhoods. Generally the desired locations for these facilities are near and about the geocenter or other planned nucleus of the neighborhood, conforming to the general development plan. Ali stores and sho~s in the C-2 district shall be limited to retail sales. Any use permitted in the C-1 district are permitted in the C-2 district. Grocery and convenience food stores, drive through stores and restaurants are permitted in the C-2 zoning. City of Boynton, Beach Planning and Zoning Division Plarmer Max Ducoste-A.medee was interviewed on 5/6/2004 as to the zoning. He confirmed the C-2 zoning and said that the subject is in an overlay zone. Section 8.5 of the city zoning code designates the Martin Luther King Jr. Boulevard Overlay Zone. With the completion of the Vision 20/20 Redevelopment Plan, the City identified a segmer the Martin Luther King Jr. Boulevard as an area in need of redevelopment and revitalization. '1 section is created to implement the development and design recommendations in the Redevelopment Plan intended to create a traditional street corridor with pedestrian improvements, storefronts along the sidewalk, and a mixture of uses. The corridor is to contain an ambience supported by pleasant signage and building appearance, potted landscaping, store windows, and public open spaces. All development within the Martin Luther .King Jr. Boulevard corridor shall occur according to the provisions of the adopted plan as stated below. The Martin Luther King Jr. Boulevard Overlay Zone is established as the area defined by the parcels fronting on that portion of the Boulevard located east of Seacrest Boulevard and west of Federal Highway right-of-way, along with those parcels adjacent to the north and south of these parcels that front on the Boulevard if assembled and development as a unified project. Develo ment Standards Front setback 3 feet minimum/12 feet maximum Minimum side setback from interior lots 5 feet Side setback from corner 3 feet minimum/12 feet maximum Maximum building height 30 feet The Heart of Boymon Commercial Redevelopment Plan dated November 2001 includes the subje~+ property. The plan propdses the same C-2 zoning with the intent for personal services use. The Hear, Boynmn Beach Redevelopment ?lan. currently under consideration does_not alter the current zoning. No change in th/s zoning is expected in the reasonably foreseeable future. 7110T 13 Parcel I 16 Growth Management Laws: All new development in the county must possess concurrency approval. Concurrency approval is granted where it can be demonstrated that when a project is in operation, its impact will not cause the level of service of the public facility ~$~wns tO e~;qeed those standards adopted in the Comprehensive Plan. The public facility systems are defined in Rule 9J-24.001(9) of the Florida Administrative Code as "transportation systems or facilities, sewer systems or facilities, solid waste systems or facilities, drainage systems or facilities, potable water systems or facilities, parks and recreation systems or facilities, educational systems or facilities and public health systems or facilities". In order to develop the subject property, concurrency approval must first be obtained. Americans With Disabilities Act: The subject improvements were constructed in 1973, prior to tl~e July 26, 1990 enactment of the Americans with Disabilities Act. It is therefore not in full compliance in terms of handicapped parking spaces, wheel chair ramps, grab rails and towel dispensers in restrooms as well as other mandates. Cbmpliance is not required unless modifications are made to the building necessitating a building permit. Under the ADA, an amount of up to 20% of the modification cost c-an be required to be spent towards satisfying ADA requirements. Assessed Value, Taxes and Special Assessments Florida law requires that th~ city and county assessing be done by one office, the county assessor's. On each parcel, land and improvements are estimated separately, and the values are entered on the tax rolls accordingly. The just value used by the assessor's office is, by a Supreme Court interpretation, intended to reflect 100% of '~ust value" which is synonymous with "market value". The tax rate, or millage, differs depending on the particular tax district where a property lies. The state of Florida has limited to 10 mills that rate that any of the local governmental units may levy. This means the maximum millage that can be levied by a county is 30; 10 by the city, 10 by the county, .and 10 by the school board. In addition to regular property taxes, special assessments may be added to finance specific improvements such as road paving, sewer lines, and sidewalks. From the records of the Palm Beach County Property Appraiser, the taxing authority, the subject's tax folio number, 2003 real estate taxes and assessed value are as follows for the parent tract: Folio Number Total Assessed Value Land Value Improvement Value Taxes 08-43-45-21-10-004-0010 $97,299 $36,092 $61,207 Exempt Tax bills are normally mailed to property owners in October. Taxes ~e due in March of the following year. 7110U 14 Parcel 116 History of Property The last recorded record transaction data is as follows: Grantor: Seacrest ChapeI~t3~ealty, LTO Grantee: Jesus House Of Worship, Inc. Date of Transaction: July 27, 1999 OR Book and Page: 1 i305-755 Conveyance Document: Warranty Deed Exposure Time Exposure is defined as the estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical sale at market value on the effective date of the appraisal; a retrospective estimate based upon the analysis of past events assuming a competitive and open market. The exposure time is estimated to be six to twelve months. Public and Private Restrictions Neither title nor survey were provided therefo/:e the appraiser is unable to consider any affect on the functional utility of the subject property, the value of the property, nor its highest and best use. There are no known easements, encroachments, deed rbstrictions, rent controls, or moratoriums that would adversely impact the site as it is presently impl'oved. Any other possible legal constraints relating to zoning, title or deed restrictions, as well as easements or encroachments should be checked by a qualified attorney and/or title company. 7110V 15 Parcel 116 ANALYSIS OF DATA AND CONCLUSIONS Highest and Best Use Analyses Highest and Best Use lntroduction ' " c , ~ A detailed analysis of the highest and best use of the subject land as though vacant, separate and apart from the highest and best use of the property as knproved, is not considered constructive in this instance. The subject land is zoned commercial and the improvements are a commercial use. The subject zoning and use are compatible. The purpose of the appraisal is to estimate the value for a whole taking. /u~ allocation of land and improvements, as is appropriate for a partial taking, is inappropriate for a whole taking valuation. The highest and best use of the land as though vacant consists of commercial uses allowed under zoning and land use. The subject's highest and best use as improved is the continued existing use since there is no feasible alternative use that would warrant demolition of existing buildings and redevelopment of the property. In reaching the above conclusion, consideration ~vas given to physically possible, legally permissible, financially feasible, and maximally productive criteria as follows: Physically Possible Uses: The subject land is rectangular shaped with 115 feet of frontage on Seacrest Boulevard a four lane connector roadway. One driveway opening allows vehicular entry to and exit from the subject along Seacrest Boulevard. One driveway opening allows vehicular entry to and exit from the subject along NE 9th Avenue. There are lined and informal parking spaces. The total site area is about 9,000* square feet. The property has a competitive land to building ratio compared to competitive properties. The configuration and access are conducive to a variety of small commemial development alternatives. The subject is a single user general purpose commercial building adaptable to a variety of uses including the current church use. The building has movable church furnishings that are typical. Having been built for, and utilized as a funeral home, the building is somewhat inefficient in its design reflecting functional inutility. The subject property is in a commercial node along Seacrest Boulevard just south of Martin Luther King Jr. Boulevard. This location is about ½ mile north of Boynton Beach Boulevard and about 200± feet east of Seacrest Boulevard. The neighborhood is w/thin a mile of, and has good access to 1-95. Martin Luther King Jr. Boulevard intersects with US 1 about ½ miles to the east. Seacrest Boulevard intersects with Gateway Boulevard to the north and Boynton Beach Boulevard to the south. Both Boynton Beach Boulevard and Gateway Boulevard interchange with 1-95 to the west of Seacrest Boulevard. Overall, the property has average functional utility and adequate parking. Legally Possible Uses: The subject property is zoned C-2, Neighborhood Commercial, by Boynton Beach. It has LCR, Local Retail Commercial land use designation. The zonin~ ~nd land use are in conformity. 7110W The subject use as a church is allowed in the C~2 zoning. Alternate commercial uses are allowed. The C-2, Neighborhood Commercial District provides a limited number of small commercial facilities, 16 Parcel 116 intended to service individual residential neighborhoods. Generally the desired locations for facilities are near and about the geocenter or other planned nucleus of the neighborhood, conforming Lo the general development plan. All stores and shops in the C-2 district shall be limited to retail sales. Any use permitted in the C-1 district ~r~,,Fermitted'~'~,n the C-2 district. Grocery and convenience food stores, drive through stores and restaurants are permitted in the C-2 zoning. Financially Feasible Uses: Commemial construction and redevelopment activity has been occurring in much of eastern Palm Beach County in recent years. Most new construction has been in the form of redevelopment of previously improved sites, such as store buildings and service stations. New construction activity is mostly in the form of single user bu/ldings. Financing is available for most types of commercial real estate. The subject is located in an older commercial district consisting of neighborhood business commercial uses, residential uses and vacant land. Predominant supply (uses) in the subject neighborhood are small cormnercial owner/users and local tenant space, convenience and grocery type stores, restaurants and churches. Local residents who are generally within walking distance are the farget market. The nearby residential housing market consists of single family and multi-family units. The subject neighborhood is stable. There has been one expansion and renovation of a restaurant building. A church has been converted from a commercial use laundromat. Although no vacancies exist for general rental cornrnercial space in the immediate subject neighborhood, despite full occupancy for most properties, rents have not been rising. Despite low interest rates and the willingness of comme, ' lenders to make available development funding and existing building loans, no new cormTte~ construction has taken place in the immediate neighborhood in recent years. Maximally Productive Uses: New construction of an income generating investment property would not be feasible based on current rent levels obtainable in .the market which don't justify construction cost, risk, and provide a return on investment. The most feasible construction therefore tends to be single user development that is supported by the business, such as build to s,uit for an owner user or long term tenant as part of a going concern. These types of uses produce the highest return to the land. The maximally productive use of the subject as improved would be for use as a single-user general commercial building. The existing use as a church is considered reasonably productive. Highest and Best Use Conclusion The highest and best use of the subject land as though vacant is for commercial development in accordance with zoning and land use and surrounding development. The highest and best use of the subject property as improved is the same as the present use since there is no feasible alternative use that would warrant demolition of existing buildings and redevelopment of the property. 7110X 17 Parcel 116 Approaches to Value Used and Excluded The sales comparison approach will be developed because most buyers and sellers give consideration to prices paid for competitive properties. The income approach will be develope~, "~he subje~'style building is purchased by owner users as well as purchased by investors with consideration to income generating potential. The income approach has been developed due to the fact that these type buildings are sometimes bought and sold in the market based on rental income considerations, The cost approach will not be developed due to the age of the subject'improvements. An estimate of total accrued depreciation would be subject to a greater than normal margin of error. The cost approach is most applicable when appraising new or special purpose properties. 7110Y I8 Parcel 116 Sales Comparison Approach The direct sales comparison approach is predicated on a comparison of comparable sale properties to thc subject and adjusting the sales for major d!ssimilarities when compared to the subject. Collection of Comparable Sales In searching for comparable properties, emphasis was placed on locating recent sales of small general commercial buildings in the subject neighborhood and throughout Boynton Beach. Four sales, including the sale of the subject from 5 years ago, were found that were suitable for comparison purposes. The following analysis utilizes a price per square foot comparison. Below is a grid surmuafizing salient data on the sales followed by an explanation of adjustments and discussion of each of the transactions together with the appraise~;'s conclusion with respect to the subject's value indication via direct comparison. Individual sales sheets summarizing pertinent data on each sale can be found in the addenda of this report. 71 !OZ 19 Parcel 116 The Sales Adjustment Grid SaleNo. I Subject I 1703~[~90 I ~ 14455-1276 19952-300 11305-755 Property Type Commercial / Commercial / ~mmercial / Commercial / Church Church Conversion Church Leased Church Leased Church Leased Date As of 7/04 4/2004 11/2002 8/2001 7/27/1999 Sale Price .......................$165,000 $95,000 $40,000 $70,500 Bldg. Size(SF) 1,386 2,460 1,468 1,408 1,386 Year Built 1973 1958 1958 1942 / 1955 1973 Site Size {SF) 9,023 4,649 5,900 2,000 9,023 Land to 6:51 1.89:1 4: I 1.42:1 6.51:1 Building ratio Zoning C-2 Boynton C-4 Boynton C-l, Lantana C-2 Boynton C-2 Boynton Price/SF Bldg~ - .......... : .......... $67.07 $64.71 $28.40 $50.86 Interest ...................... i Fee Simple Fee Simple Fee Simple Fee Simple Location 1000 Seacrast Bird 1103 N. Federal 512 - 514 N. Dixie 428 MLK~. Blvd. 1000 N Seacrest Boynton Bch Hwy Hwy Boynton Beach Blvd. Boynton Beach Lantana Boynton Beach Rights & ....................... O- -0- -0- -O- Interests Financing ....................... O- -0- -0- -O- Cond. of Sale ....................... O- -0- -0- -O- Mkt Condition ....................... O- -0- -0- -O- Adjusted Price ..................... $165,000 $95,000 $40,000 $70,500 Location ....................... $33,000 -$19,000 +4,000 -0- Building ...................... +I6,500 +$9,500 +$4,000 -0- Quality Building Age/ ...................... +$16,500 +$9,500 +$4,000 -0- Condition Building Size ....................... 0- -0- -0-, -0- Site Size. - ..................... +$16,500 -0- +$8,000 -0- Fixtures/equip. - ...................... 0- -0- ~ -0- -0- Functional ....................... 0- +$9,500 -0- -0- Utility Net Adjustment ...................... +$16,500 +$9~500 +20,000 -0- Adjusted Price ...................... $181,500 +$104500 $60,000 $70,500 Adjusted Price/ ...................... $73.78 $71.18 $42.61 $50.86 SF Bldg. 7110BA 20 Parcel i 16 Analysis of Comparable Sales and Explanation of Adjustments Explanation of Adiustments · ~ ~ ~'roperty Rights Conveyed - All the sales ~ere transfers of fee simple title. No adjustments for property rights conveyed were required. Financing - The sales reflect cash to the seller or typical financing in the market and no adjustments were required. COnditions of Sale - All the comparable sales analyzed were arm's length transactions. No adjustments will be made for conditions of sale. Market Conditions - The sales were transacted during the period between July 1999 (sale of subject), and April 2004. While the market for general commercial properties is trending upward there is no evidence of a percentage increase that would apply uniformly to all properties. Accordingly no adjustment has been made to the sales. However, the date of sale will be taken into consideration in the final reconciliation of sales data noting that older sales tend to reflect lower unit selling prices than more recent sales. Location - The subject is in a commercial district in a not fully built out area. The subject is located on a four lane, neighborhood cormector road. Sale 990 is located at the intersection of MLK Jr. Blvd and Federal Highway. Sale 1276, at North L Highway in Lantana. Sale 428 on MLK Jr. Blvd. The MLK Jr. sale is considered slightly inferior in location and is adjusted upward 10%. Sale 990 and 1276 are considered superior in location. 20% downward adjustments will be made to Sale 990 on Federal Highway, and Sale 1276, the N. Dixie Lantana sale. Sale 755 is the sale of the subject and no location adjustment is considered. Building Quality - The subject, built in 1973 is considered to be of better quality than the sales. All sales are adjusted 10% upward for inferior quality. Fixtures/Equipment - The subject property has minor fixtures as noted and tenant owned church equipment consisting of movable furniture. The sales had general commercial fixtures and equipment consistent with the subject. No adjustments for fixtures/equipment will be made. BuildingAge/Condition - The subject was built in 1973 and is in average condition. All of the sales are older and are adjusted upward 10% for age and condition. Building Size - The sales are similar to the subject relative to size. Am adjustment for building size is not necessary as the indicator of value is S/square foot. Site Size - The subject site size of 9,023 square feet fails at the l-figh end of the sales' site size range of 2,000 SF to 9,023 SF. Sales 990 has minimal onsite parking due to its small site size, it is adjusted upward I0%. Sale 300 has no onsite parking due to its small site size, it is adjusted 20% upward " other adjustments will be made for site size. 711oBB 21 Parcel 116 Functional Utility of the Land - The subject is a comer site. The access is f~om Seacrest Boulevard as well as NE 9th Avenue. Sales 300, 990 and 755 (subject), are comers. Sale 1276 is an interior location with parking in the rear. Sale 1276 is adjusted upward 10% due to rear access/parking. No other adjustment will be made. ' ~' ~ Direct Comparison of Sales Improved Sale 990 is located at the northwest corner of N. Federal Highway and MLK Jr. Blvd. in Boynton Beach. It is a general commercial building divided into two units which are currently leased to a church and an upholstery retailer. A downward adjustment was made for superior location. Upward adjustments were made for inferior building quality, age/condition, and site size. Improved Sale 1276 is located on the east side of North Dixie Highway in Lantana. A downward adjustment was made for superior location. Upward adjustments were made for inferior building quality, age/condition, and less functional utility of the site. Improved Sale 300 is located on the south side of MLK. Ir. Blvd. in Boynton Beach. It is adjusted upward for inferior location, building quality, age/condition and site size. Improved Sale 755 is the 5 year old sale of the subject. This sale is recogniZed as an older sale. No other adjustments were required. Indicated Value by Sales Comparison Approach The unadjusted sale price per square foot range from approximately $28 to $67. The adjusted range of sale price per square foot is approximately $42 to $74. Market value is considered to be trending upward. With consideration to all sales, the value indication for the subject via direct comparison is considered to be at the higher end of the range for the subject property. In my opinion, the market value indicator, via the sales comparison approach is $72/square foot. 1,386 square feet X $72 = $99,792 Say: $100,000 7110BC 22 Parcel 116 The Income Capitalization Approach Free standing general commercial buildings in the subject neighborhood are most often owner occupieu. Occasionally, these types of buildings are offered on the market for sale or for lease. If a tenant is found who is not also a prospective buyer, the'~zeal estat&,(building) often remains on the market for sale. Tltese properties, such as the subject, are sometimes rented and for that reason, the income approach has been developed. Historic Income-Contract Rent and Expense Data Operating History The subject property is owner operated. There appears to be a church exemption for real estate taxes. Market Rent In order to estimate economic rent for the subject, a survey of competitive properties has been made. On the following pages is a presentation of the rent comparables, followed by a discussion and comparison of each to the subject. Gross Rent Estimate To estimate market rent for the subject, a survey of church and commercial rentals was made through Boynton Beach. Following is a discussion of rant comparables. Rent Discussion Rent Comparable No. 1 is a commercial rental located just east of the subject at I32 MLK, Jr. Blvd. in a commercial strip center in Boynton Beach. The lessee is a bail bondsman. The tenant pays $650/month plus util'ities for 800 square feet. The tenant was responsible for improving the interior space. Rent Comparable No. 2 is located at 1101 N. Federal Highway, at the NWC comer of MLK Jr. Blvd. and N. Federal Highway in Boynton Beach. The building has two tenants. The current tenants, a church and an upholstery shop, pay a total of $1,500/month for 2,460 square feet. The chart on the following page reflects the church tenant rate of $800/month, The tenant was responsible for improving the interior space. Rent Comparable No. 3 is located at 522 NE 4th Street in Boynton Beach. The current tenant, a church, pays $850/month plus all expenses. Parking is on minimal onsite with informal parking on the adjacent vacant lot to the south which is owned by the lessor. 7110BD 23 Parcelll6 Rent Comparable Summary Subject R. ep~ 1 Rental 2 Rental 3 1000 Seacrest Blvd 130 MLK Jr. Blvd ~VC MLK/Fed Hwy 522 NE 4t~ Street Boynton Beach Boynton Beach Boyaton Beach Boynton Beach Church Office tenant Church tenant Church tenant 9,023± SF Site N/A 4,649 SF Site 5,000 SF Site 1,386 SF Bldg 800 SF Leased Bldg 1,230 SF Bldg 800 SF Bldg .............. $650/month gross $800/month gross . $850/month NNN ............... $7,800 annually $9,600 annually $10,200 armuall¥ .................... $9.75/SF Bldg $7.80/SF Bldg $12.75/SF Bldg OWNER OWNER OWNER OWNER EXPENSES: EXPENSES~ EXPENSES: EXPENSES: . Adminislrative All Real Estate Tax Real Estate Tax Fire insurance Fire insurance Repairs Repairs _ Maintenance Maintenance Administrative Administrative Reconciliation of Commercial/Church Rent Comparables The preceding rent comparables reflect an unadjusted range of market rents of $650 to $850 per month. Two of the comparables have gross terms and one has net terms. All of the rentals are located in the subject's neighborhood. All of the rentals are functionally designed as commercial buildings currently leased. Rental 1, is in a 6 unit strip center just east of the subject. It is considered slightly inferior to the subject which is freestanding. Rental 2, is a two writ general commercial building just east of the subject at the comer of Federal Highway. It is currently leased, one half to a church and one half toan upholsterY retailer. It has minimal onsite parking with proximity to onstreet parking. Current rent is $800 for the church and $700 for the longer term tenant upholstery shop. The rental location is superior due to Federal Highway visibility. Rental 3 is a freestanding church rental which is functionally the most similar to the subject. It is located just west of Federal Highway with a large vacant lot for informal parking. Estimated Market Rent Conclusion The est/mated market net rent for the subject is $900 per month or $10,800 annually with a tenant paying all operating expenses including real estate taxes and insurance. 7111 24 Parcel 116 Vacancy and Rent Collection Allowance The subject is owner operated. The comparables are also commercial buildings that are leased annually. Leases of 2 to 5 years or more with options to renew are common. Options to purchase are also sometimes included as part of the lease~: C&tumercialbccupancy rates in the subject area are fair, though many free buildings are owner occupied. From observation, vacancy i's limited to normal tenant turnover. The subject is a commercial building that has been converted into a church. The vacancy rate for the subject is being projected at 5%. Economic or market rent for the subject has been estimated based on net terms with the tenant paying all operating expenses including, real estate taxes, building insurance, maintenance, and utilities and trash removal. The only expenses to the owner are management/administration which includes incidental expenses such as the cost of an occupational license, inspection fees that are charged by the Fire Marshall, and general costs for the owner's time required in overseeing the property. Reconstructed Operating Statement $10,800 Gross Income Potential ......................................................... Less Vacancy and Rent Collection Loss ~ 5% ..................... - 540 Effective Rental Income ......................................................... $10,260 - 308 Total Expenses (3%) ............................................. Estimated Net Income ............................................................ $ 9,952 7112 25 Parcel 116 Direct Capitalization Two of the three sales in the direct comparison analysis were leased at the time of sale. One more recent sales, OAR 2 is used below for OAR (o¥~rali rate)~abstraction. Income information was not available on any of the other sales or rentals sufficient for OAR abstraction. Below is a table summarizing salient data from these comparable properties and a following discussion of each. OVERALL RATE SUMMARY 1101/3 N. Fed Hwy. 306 E Boynton Bch 1017 N. Federal Hwy., Address Boynton Beach Blvd. Boynton Beach Boynton Beach Property Type General Comm'l Comm'l/Hair Salon Restaurant Sale Date 4/2004 5/2003 5/2002 Sale Price $165,000 $159,000 $108,000 PGI $18,000 $19,200 $10,800 NOI $13 680 $17,700 200 OAR 1 The building is a commercial building in average condition. At the time of sale, rent was $1,500 total per month, gross. This building is much larger than the subject building. The property sold April 2004 for $165,000. The tenants, one which is a church, continued occupancy after the sale. Using a 5% vacancy and collection loss and 20% expenses, net income is about $13,680. This results in an overall capitalization rate indication of about 8.30% OAR 2 is located at 306 E. Boynton Beach Boulevard in Boynton Beach. k is a retail store building. Total building size is 640 SF. It is fully occupied by a tenant with a lease extending to 2009: Actual rent is $1,600 per month on a triple net basis where the tenant pays ail the expenses. The property sold on November 2003 for $159,000. Using a 5% vacancy and collection loss and an administrative expense of 3% results in a net income is $17,693. An overall capitalization rate of 11.1% is indicated OAR 3 is located at 1017 N. Federal Highway. The building is a take out restaurant building in fair condition. At the time of sale, actual rent was $900 per month gross. The tenant pays utilities and some minor repairs. The landlord pays all other expenses. The property sold May 2002 for $108,000. The tenant continued occupancy after the sale. Allowing a 5% vacancy and collection loss and deducting operating expenses of 20%, net income is about $8,200. The overall capitalization rate indication is 7.6%. 7113 26 Parcel 116 Conclusion Based on the above market derived evidence of overall capitalization rates, taking into account the current low interest rate environment, an appropriate overall capitalization rate for the subject would be between 7.6% and 11.1%. Capitalizing tl~ subject s~et income at 10.0% results in the following value indication via the income approach: $9,952 *.10 = $99,520 Say, $99,500 (R) 7114 27 Parcel 116 Reconciliation of Value Indications and Final Value Estimate The approaches to value have provided the following indications for the parent tract: Cost Approach N/A Sales Comparison Approach $100,000 Income Approach $ 99,500 The cost approach has not been employed. The cost approach is most reliable in the valuation of special purpose properties or in newly constructed properties where depreciation is minimal. The weakness in the cost approach, in the valuation of the subject, is the age of the subject buildings and the amount of depreciation that must be accounted for. The sales comparison approach was developed since the typical buyer would give consideration to prices paid for competitive properties. The quality of the comparable sales a~vallable for analysis and comparison to the subject was considered sufficient to provide a supportable value indication for the subject property through direct comparison. The direct sales comparison approach will be given strong reliance in the valuation of the subject since most informed buyers and sellers would be basing their decisions on prices paid for competitive properties. The income approach was developed because the subject is a type of property that is sometimes leased and therefore may be bought and sold in the market based on investment potential. Based on the foregoing, with reliance on the market approach as supported by the income approach, the estimated market value of the subject's fee simple title, is $100,000. 7115 28 ADDENDA 7116 Florida Coastal Appraisal Services Real Estate Appraisers and Consultants 2101 South Andrews Avenue Suite 205 Fort Lauderdale, FL 33316 954 779~3Z~3 954 77~9~3395 (Fax) May 30, 2004- Jesus House of Worship 112 NW 5th Avenue B0Ynton Beach, FL 33435-3737 RE: Boynton Beach Community Redevelopment Agency Heart of Boynton Parcel No. 116 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 1000 N. Seacrest Boulevard, Boynton Beach. Florida. According to the Palm Beach County Properb/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 10, 2004 at 11:00 a.rn. 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. ]:f you have any questions, you may contact me at my office Honday through Friday between the hours of 9:00 AH and 5:00 PH. . Sincerely, 71-17 IiVIPROVED SALE 1 17039-0990 P ROPER TY ID ENTIJZlCA TION Address: Legal: T~x Folio Number: . SALE DATA Sale Date: O.R. Book'Page: Rights & Interests Conveyed: Sale Price: Unit Price: Marketing Time: Financing: Grantor: Grantee: Conditions of Sale: Prior Sale: 1101/1103 N. Federal Highway, Boynton Beach, Florida LAKE ADDITION TO BOY'NTON (11-71) Lot I, Block A 08-43-45-21-32-008-0010 4/22/20O4 17039-0990 Fee Simple $165,000 $67.07/SF Unknown, was listed. $123,750 Bank Atlantic Rose Exantes Peter Hire Ann's length N/A QCD's 2002 and 2004 71-18 PROPERTY DESCPHPTION Year Developed: Site Size: Building Size: No. Units: Construction: Zoning: Highest and Best Use: Access', Orientation: Parking spaces: Utilities: Verification: Assessment: 19 5 ~e ~' 43649 SF 2,460 square feet as measured by the appraiser 2 Frame/Stucco C-4, Boynton Beach As Improved i driveway on the north side of MLK Jr. Blvd into a rear parking lot Comer 3 Plus on street Water, sewer, electricity, telephone. With owner at 561-596-1669 Taxing Authority: Palm Beach County Land: ~ $55,788 Improvements: $38,504 Total AssesSment: $94,292 2003 Taxes: $2,646 INCOME DA TA Total rent at $1,500 monthly plus utilities. $700 UphOlstery shop / $800 Church. C02klMENTS The property is in average condition. 7119 3I ?MPROVED SALE 2 PROPERTY ID£NTIFICA TION Address: Legal: Tax Folio Number: gALE DA TA Sale Date: O.R. Book/Page: Rights & Interests Conveyed: Sate Price: Unit Price: Marketing Time: Financing: Grantor: Grantee: Conditions of Sale: Prior Sale: 512-514 N. Dixie Highway, Lantana, Florida LAKEVIEW MANORS (18-29), lots 3 & 4, block 3 40-43-44-34-07-003-0030 11/27/2002 14455-1276 Fee Simple $95,000 $64.71/SF Unknown Cash Lyon, Ronald C. & Patricia C. Gundlach, Stanley J. and Steven C. and Paul B. Arm's length 1984 7120 PROPERTY DESCRIPTION Year Developed: Site Size: Building Size: No. Units: Construction: Zoning: Highest and Best Use: Access: Orientation: Utilities: Verification: Assessment: COMMENTS 1958 ~ · ~' 5,900 SF 1,468 square feet i One CBS building and one frame building C1, Commercial District, Lantana As Improved Rear alleyway Interior lot Water, sewer, electricity, telephone. Stephen C. Gundlach at 561-582-7847 on 6/28/2004 Taxing Authority: Land: Improvements: Total Assessment: 2003 Taxes: --PalmBeach County $35,400 $33,790 $69,190 $1,684.07 This property is in fair condition. Access is by way of the rear alleyway into the parking area. The church tenant pays $575 monthly in the stand alone frame building. The motorcycle tenant pays $400 per month for the south one-half of the white CBS building. The north ½ of the white CBS building is not a part of this sale property. Tenants pay utilities only. The buyers own a property next door. The purchase prioe was negotiated back and forth. 7121 ~NA ~ MHP 4.1, ~tHP (~ ~ MW ViEW STREET MOBILE MH P HOME Pe, RK CO-OP Improved Sale 2 CROTON 283 7i22 IiVIPROVED SALE 3 12952-0300 P~ OPERTIr IDE]v~t ~i;IC,4 TION Address: Legal: Tax Folio Number: SALE DA TA Sale Date: O.R. Book/Page: Rights & Interests Conveyed: Sale Price: Unit Price: Marketing Time: Financing: Grantor: Grantee: Conditions of Sale: Prior Sale: 428 Martin Luther King Boulevard, Boynton Beach, Florida ROBERT WELLS SUB South 40 feet of North 50 feet Lot l... 08-43-45-21-04-000-0012 August 29, 2001 12952-0300 Fee Simple $40,000 $28.49 Unlmown. Cash Ramona Frederick and Donita Denise Norfus Bob Katz Properties Arm's length N/A 1991 7125 PROPERTY DE$CRIPiFION Year Developed: Site Size: Building Size: No. Units: Construction: Zoning: Highest and Best Use: Access: Orientation: Park/ng spaces: Utilities: Verification: Assessment: INCOME DA TA 19424~1955 ~ 2;000'SF ' 1,408 sfper county records and as measured by the appraiser 1 CBS/Stucco C-4, Boynton Beach As Improved Physical via MLK Jr. Blvd. Corner (Railroad Avenue) none onsite/on street available Water, sewer, electricity, telephone. With owner. With tenant onsite Taxing Authority: Palm Beach County Land: c $10,000 Improvements: $ 31,130 Total Assessment: $41,130 2003 Taxes: $1,770 Total rent at $1,500 Triple net from church tenant. COMMENTS The property is in currently in very good condition. Completely renovated since purchase. Improved with built in restaurant fixtures. Subject under lease with purchase option, purchase details not disclosed. 7124 38 IMPROVED SALE 4 11305-755 P/ROPER TY LDENTIF. I'CA TION Address: Legal: Tax Folio Number: · .gALE DA TA Sale Date: O.R. Book/Page: Rights & Interests Conveyed: Sale Price: Unit Price: Marketing Time: Financing: Grantor: Grantee: Conditions of Sale: Prior Sale: 1000 N. Seacrest Boulevard, Boynton. Beach, Florida PALM BEACH COUNTRY CLUB ESTATES Lot I AND 2, Block 4 08-43 -45-21 - 10~004-0010 7/27/1999 11305-755 Fee Simple $70,500 $50.86/SF Unknown. $55,200 Seacrest Chapel Jesus House of Worship Arm's length 1982 7125 39 PROPERTY DESCRIPTION Year Developed: Site Size: Building Size: No. Units: Construction: Zoning: Highest and Best Use: Access: Orientation: Parking spaces: Utilities: Verification: Assessment: 1973 ~, 9,000~SF ~ 1,386 square feet per county records and as measured by the appraiser I CBS/Stucco C-4, Boynton Beach As Improved 2 driveways, NE 9t~ AvenUe/Seacrest Boulevard Corner 9 Plus informal Water, sewer, electricity, telephone. With owner onsite. Taxing Authority: Land: Improvements: Total Assessment: 2003 Taxes: Palm Beach County $36,092 $61,207 $97,299 exempt COMMENTS Thepropertyisinaveragecondition. Originallybuilt~doperatedasa~neralhome. 7126 40 Qualifications of D. Craig-K~meipp, Ai~praiser/Consultant 2101 South Andrews Avenue, Suite 205 Fort Lauderdale, Florida 33316 EDUCATION Bachelor o£ Science, Business Administration, Marketing. University of Central Fla. Orlando, FL Associate of Arts (A.A.), Manatee Jr. College, Bradenton, FL LICENSES/CERTIFICATION State Certified General Real Estate Appraiser, since 1991. Florida Licensed Real Estate Broker, since 1987. WORK EXPERIENCE -- Professional self-employed real ,estate appraiser/consultant 1985 to present. ~ Sen/or Real Estate Negotiator .for Kaiser Engineers, under contract with the Florida Department of Transportation for Right-of-Way Acquisition 1984 to 1985. ~Right-of-Way Specialist (acquisition/relocation agent) for the Florida Department of Transl~ortation, 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 Eth/cs 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. IBA - Capitalization Theory and Tech. A. A.I.R.E.A. SPP - Standards and Professional Practice, A.LR.E.A. ADDITIONAL COURSES/CONTINUING EDUCATION Un/form Standards of Professional Appraisal Practice Understanding Limited Appraisals & Appraisal Reporting Options Communication in Real Estate Acquisition Appraising under Eminent Domain 7127 Real Estate Finance Business Valuation Parts I & II LitigationValuation Industrial Valuation Government Agencies Florida Dept. Of Transportation North Broward Hospital District Municipalities Broward County (Litigation Support) City of Coconut Creek City of Lauderhill City of Margate City of Sunrise Financial Institutions North Trust Bank Ocean Bank Partial Statewide Client List Law Firms Conrad & Scherer Forman & Hanratty Ulmer, Hicks & Schreiber Ruden, McCloskey, Smith, Schuster Durden & Green Ali & Jobson Eakin & Eakin Carter & Thomas H. Collins Forman, Jr. Jack Baxter Partial List of Property Types Appraised Vacant Land Agricultural Residential Commercial Improved Residential Single Family Multi-family Condomirfiums Improved Commercial Banks Office buildings - single/multistory Service stations Private Schools & Day Care Auto/boat/motorcycle dealerships Rock Pits Cemetery Golf Course Restaurants/Bars Retail/strip centers Hotels/motels Churches Palm Nursery Radio station Auction Gallery Funeral Home 7128 WESTBERRY & ASSOCIATES, LLC Real Estate Appraisers and~Consult;~nts August 3, 2004 Virginia Mammone The Urban Group, Inc. 1424 South Andrews Avenue, Suite 200 Ft. Lauderdale, FL 33316 Re.' Review Appraiser's Statement Heart of Boynton CRA Parcel 116 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 7129 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.: 116 Identification of Report Under Review The report is a complete appraisal summary report identified as Parcel 116 of the Heart of Boynton CRA project. D. Craig Keneipp of Florida Coastal Appraisal Services prepared the report for the City of Boynton Beach, Florida. I was not provided with a property owner's appraisal report. The property is currently owned by Jesus House of Worship, Inc., located at 112 NW 5t~ Avenue in Boynton Beach, FL. The address of the subject property is 1000 North Seacrest Boulevard, Boynton Beach, FL 33435. Date of Value Date of Report Date of Review 7/15/2004 7/15/2004 8/3/2002 Overview of the Subject Property The subject property is a 9,023 square foot parcel of land which is improved with a 1,386 square foot concrete block commercial building. Constructed during 1973, the building is in average condition. The building is now being used as a church and contains an office, a storage area, bathrooms, an altar and both church hall pew and portable seating. The parcel is zoned C-2, Neighborhood Commercial by the City of Boynton Beach and has an underlying land use of LCR (Local Retail Commercial) which is consistent with its zoning. The zoning classification permits a variety of small commercial uses intended to serve individual residential neighborhoods. Mr. Keneipp concludes that the subject's highest and best use as vacant is for development with a use allowed under the zoning and land use designations. Highest and best use as improved is its continued use as a commercial building occupied by a church. Property Interest Appraised The subject is appraised Jn fee simple title as though free and clear of all encumbrances. Purpose and Intended Use of the Report Under Review The purpose of the appraisal report is to estimate market value of the subject property. The intended use of the appraisal is to provide the Boynton Beach Redevelopment Agency with a basis for establishing the recommended compensation needed to acquire the whole property for their redevelopment project. 7130 2 REVIEW APPRAISER'S STATEMENT Project Name: Heart of Boynton CRA Parcel No.: 116 Extent of Review Proces,~ I have read the appraisal report and I have inspected the subject property. I have done a desk review of the comparable sales. I examined the data and methodology used by the appraiser and made conclusions about the methods used and reasonableness of the value estimates. I also reviewed the report for compliance with Uniform Standards of Professional Appraisal Practices (USPAP). Mr. Keneipp's report is judged to be in compliance with USPAP. I did not independently research or verify all data. Completeness of Report Under Review The completeness of the report is considered adequate and~sufficlent in terms of the requirements of USPAP. Appropriateness .of Appraisal Methods and Techniques Used Mr. Keneipp developed both the Sales Comparison Approach and the Income Approach. These are the 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, Mr. Keneipp had income and expense data for comparable properties with which he was abJe to estimate net operating income for the subject property. 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. Sales Comparison Approach-improved Mr: Keneipp used four comparably improved sales to arrive at an estimate of value for the subject. All the sales have occurred within the last five years; the oldest sale is the sale of the subject itself. The most recent three sales have occurred within the last three years. Mr. Keneipp prepared his analysis of these sales and compared them to the subjeCt based on price per square foot. 7131 The four sales range in price from $28.40 per square foot to $67.07 per square foot. Mr. KeneJpp considered items such as location, building quality, building age and condition, b~ilding sizel site size and functional REVIEW APPRAISER'S STATEMENT Project Name: Heart of Boynton CRA Parcel No.: 116 . ~. utility as viable items to compare with the subject. After applying the appropriate adjustments, the range of adjusted price per square foot of the comparables narrowed to $42.61 to $73.78. Giving consideration to all four sales, Mr. Keneipp correlated to a value of $72.00 per square foot for the subject property or $100,000 (rounded). $72.00 x 1,386 SF -- $99,792, Say $100,000 Income Approach Mr. Keneipp developed the Income Approach by extracting market income/expense data by interviewing owner/tenants of-comparable commercial properties. He concluded that $900 per month (net) was an appropriate rate for the subject property. After deducting for vacancy and collection loss and considering management and administrative expenses, Mr. Keneipp estimated a net operating income of $9,952for the subject. By applying a market derived capitalization rate of 10% tb the net operating income, he correlated to an estimate of value of the subject property via the Income Approach of $99,500, rounded. $9,952110 = $99,520, say $99,500 Reconciliation Cost Approach Sales Comparison Approach Income Approach NA $100,000 $99,500 Mr. Keneipp places greatest reliance on the Sales Comparison Approach and concludes that the value estimate for the subject property is $100,000. Support for this conclusion is provided by the results of the Income Approach. Recommended compensation based on Mr. Keneipp's report is: $100,000 '7132 4 REVIEW APPRAISER'S STATEMENT 116 IHeart of Boynton CRA I Boynton Beach/Palm Palm Beach I AcquiSition 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 pErties involved. My compensation is :not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of this review report, my analyses, opinions, and conclusions were developed and this review report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice. I did personally inspect the subject property. Field inspection of the subject property took place on August 3, 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. Say're J. Berman, AICP, State Certified General Real Estate Appraiser #0001963, provided significant professional assistance. In my opinion, the Total Recommended Compensation is: $100,000 Parcel State Certified Real Estate Appraiser #0000331 Date 7133 VALUATION ANAI~YSIS OF Proper~y located at: I000 N. Seacrest Boulevard Boynton Beach, Florida 33435 APPRAISAL ANALYSIS PREPARED FOR Jesus House of Worship, Inc. 112 N.W. 5th Avenue Boynton Beach, Florida 33435-3737 PREPARED BY Charles D. Muncy, President DONALD MUNCY, P.A. State Certified General Appraiser #RZ0000105 224 E. Commercial Blvd., Suite #204 · Lauderdale by the Seas, FI 33308 Phone:(954) 772-2203 Fax: 772-8514 · Toll free: 1-800-213-8060 7;134 DONALD MUNCY P.A. Charles D. Muncy, President State Certified General Appraiser #RZ0000105 224 E. Commercial Bl~d., Suite #204 Lauderdale by the Seas, FI 33308 Phone:(9$4) 772-2203 Fax: 772-8614 Toll free: '1-800-213-6060 October 27, 2004 Jesus House of Worship 112 N.W. 5th Avenue Boynton Beach, Florida 33435-3737 At'tn: Elder Eddie Evans and Mr. Edward Funches Re: Property located at 1000 N. Seacrest Boulevard, Boynton Beach, Florida. Dear Sirs, The purpose Of this appraisal report is to estimate the market value of the fee simple estate of the subject property. Enclosed herewith is my report, plus exhibits, of which this letter forms a part, outlining the data and conclusions upon which this appraisal is prepared. After due consideration of all the pertinent facts, it is my opinion that the Market Value of the subject property as of October 6, 2004 is: ONE HUNDRED AND NINETY SIX THOUSAND SIX HUNDRED DOLLARS ($196,600) Respectfully submitted, Chades D. Muncy State Certified General Appraiser #0000105 7135 . iii CERTIFICATION I certify that. to the best of my knowledge and belief: 1. The statements of fact contained in this report ate t~'~ and con'ec¥. 2. 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. 3. 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. 4. I have no bias with respect to the property that is the subject of this report or to the par'des involved in with this assignment. 5. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 6. 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. 7. My analyses, opinions, and conclusions have been developed to be in compliance with the Uniform Standards of Professional Appraisal Practice. 8. l have made a personal inspection of the property that is the su'qject of this report. 9. No one provided significant rea[ property appraisal assistance to the person signing this certification. Alter due consideration of all the pertinent facts, it is my opinion that the Market Value of the subject property as of October 6, 2004 is: ONE HUNDRED AND NINETY SIX THOUSAND AND SIX HUNDRED DOLLARS ($'196,600) Respectfully submitted, : :7136: TABLE OF CONTENTS Title Page Transmittal Letter Certificate of the Appraisal Table of Contents Owner of Record ............................................................................ Property Location .......................................................................... Property Inspection Date ................................................................ Property Owner/Representative Present at Inspection ................... Size/Improvements ..................................................................... .. ....... The Purpose & Intended Use .......................................................... Type of Appraisal and Report Format ............................................ Effective Date of Appraisal and Date of Report ............................ Market Value Definition ..................................... ; ........................... Property Interest Appraised .......................... ' .................................. The Scope of the Report ................................................................. Identification of Appraisal Problem ............................................... PRESENTATION OF DATA Property Location and Legal Description ....................................... Property Owner Name & Address .................................................. Property Inspection .......................................................................... Description of Area and Neighborhood ........................................... Description of Property ......................................................... Area .................................................................................... Shape .................................................................................. Dimensions ......................................................................... Ingress/Egress ..................................................................... Drainage .............................................................................. Soil Characteristics ............................................................. Utilities Easements, Encroachments, Restrictions ............................ 1 1 1 1 1 1 2 2 2 3 3 3 4 4 4 5 6 6 7 7 7 7 8 8 7137 TABLE OF CONTENTS Title Page v' Transmittal Letter Certificate of the Appraisal Table of Contents Summary of Salient Facts and Conclusions ii iii iv-v vi-vii Owner of Record ............................................................................ Property Location ........................................................................... Property Inspection Date ................................................................ Property Owner/Representative Present at Inspection ............... :._ Size/Improvements ............................................................................. The Purpose & Intended Use .......................................................... Type of Appraisal and Report Format ............................................ Effective Date of Appraisal and Date of Report ..................... : ...... Market Value Definition ................................................................. Property Interest Appraised ............................................................ The Scope of the Report ................................................................. Identification of Appraisal Problem ............................................... 1 1 1 1 1 1 - 2 2 2 3 3 3 PRESENTATION OF DATA PropertY Location and Legal Description ....................................... 4 Property Owner Name & Address .................................................. 4 Property Inspection .......................................................................... 4 Description of Area and Neighborhood ........................................... 5 Description of Property...' ...................................................... 6 Area .................................................................................... 6 Shape .................................................................................. 6 Dimensions ......................................................................... 7 Ingress/Egress ..................................................................... 7 Drainage .............................................................................. 7 Soil Characteristics ............................................................. 7 Utilities ................................................................................ 8 Easements, Encroachments, Restrictions ............................ 8 71~8 TABLE OF CONTENTS CONTINUED Photographs of Subject Property ...................................................... 9 Map ..................................................................................... 10 Sketch ...................................... ..'-.-,~ .......... ~- ................. 11 Zoning, Land Use Planning and Cohcurrency ................................. 12 Assessed Value and Taxes ................................................................ 13 History of Property ......................................................................... 13 Exposure Time ................................................................................ 13 Marketing Time ............................................................................... 13 Public and Private Restrictions ....................................................... 14 ANALYSIS OF DATA AND CONCLUSIONS Highest and Best Use ...................................................................... 15 Valuation Methodology ......................................................... 17 Approaches to Value Used/Excluded .......................................... -- 19 Market Approach to Value ......................................................... 20 Final Estimate of Value .................................................................. 22 ADDENDA Deed Comparable Sales Allied Appraisals Inc, Estimate Boynton Beach/Palm Beach Area information Assumptions and Limiting Conditions/Qualifications of the Appraiser 7139 Owner of Record Jesus House of Worship, Inc. Property Location The subject has a physical address of: 1000 N. Seacrest Boulevard, Boynton Beach, Florida 33435, Date(s) of Inspection October 6, 2004 and various other dates Owners Who Accompanied the Appraiser On the initial inspection Mr. Edward Funches, and Elder Eddie Evans accompanied the appraiser on a visual inspection of the subject property. On October 6, 2004, Mr. Edward Funches and Mr. Gary Maehl, President and Managing Appraiser of Allied Appraisal Services; inc. accompanied the appraiser on a visual inspection. Mr. Maehl performed a fixtures and equipment cost estimate. Size: Land: 9,023 S.F. (75.19' x 120') Improvements: 1,354 S.F. Purpose, Intended User, Intended Use of the Appraisal The purpose of this appraisal report is to estimate the Market Value of the subject property. The intended user are Mr. Edward Funches, and Eider Eddie Evans representing Jesus House of Worship, Inc., and the intent of use is to achieve just compensation for the loss of the property. 7140: 2 Type of Appraisal and Report Format This appraisal is a Summary Report and is intended to be in compliance with the Uniform Standards of Appraisal Practice. Effective Date of Appraisal and Date of Report October 6, 2004 Definition of Market Value The following definition is from Uniform Standards Professional Appraisal Practice 2002 edition: "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 consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised and acting in what they consider their best interest. 3. a reasonable time is allowed for exposure in the open market: 4. payment is made in terms of cash in the United States dollars or in terms of financial arrangements comparable thereto; and 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." Source: Advisor,/Opinion 8 of the Uniform Standards of Professional Appraisal Practice, 2002 edition. 7141 property Ri,qhts (Interest) Appraised. The appraisal will be based on fee simple title. Fee simple title is defined by the Dictionary of Real ES'rate Appraisal, Appraisal Institute 4th Edition, 2002 as follows: "absolute ownership, unencumbered by any other interest or estate, subject only to the limitations of eminent domain, escheat, police power, and taxation." Scope (Extent of Process of Collectinq, Confirmin.q and ReportinR Data), The scope of this real estate appraisal includes an investigation into the real estate market for factors, which create market value. The scope of the appraisal included the following: * Physical inspection of the subject property: 10/6/04 and various other dates. * A search of the public records relative to the subject. This search encompasses Tax and assessment information, private as well as public deed restrictions, zoning, and history of the property. * Analysis of physically possible uses, legally permissible uses, and all feasible uses in order to estimate the highest and best use of the subject. A raisal Problem The appraisal problem is to estimate Market Value of the subject property as defined further in this report. The appraisal will entail the Market Approach. 7142 4 PRESENTATION OF DATA Identification of Property and Le,qal Descript~i~on Location The subject has a physical address of: 1000 N. Seacrest Boulevard, Boynton Beach Florida 33435. Legal Briefly described as "PALM BEACH COUNTRY CLUB ESTS LT 19LESS W 25' 7 20'. RETURN CURVE AREA RD R/W) & LT2, BLK4..." Please refer to the legal description contained in the Addenda of this report for a detaired legal description. Property Owner Name and Address Jesus House of Worship 112 N,W. 5th Avenue Boynton Beach, Florida 33435-3737 ,Property Inspection The subject was inspected on the interior and exterior on several dates, the latest of which was October 6, 2004. 5 Area and Neighborhood Analysis A neighborhood may be defined a's: "a portion of a larger community, or an entire community, in which there is a homogenous grouping of inhabitants, buildings, or business enterprises. Inhabitants of a neighborhood usually have a more than casual community of interest. Neighborhood boundaries may consist of well defined natural man-made barrie[s or they may be more or less well defined by a distinct change in land use or the character of the inhabitants." Please refer to the Area and Neighborhood information contained in the Addenda of this report, 7 ¥43 Description of the Property, Photographs, Sketches The subject property is a CBS structure originally constructed in 1973 and has operated for approximately twenty-five years as funeral home. The structure is of concrete block stucco on slab foundation with a built-up tar and gravel roof. The structure was purchased in 1999 and converted to a church and there was a small addition made to the rear that is not completed as of this date. There are two restrooms, kitchen, and recreation/meeting room area. The main sanctuary includes an altar and pews. The subject property has been well maintained ahd some renovations have been completed in the past few years. Actual age is twenty-one years and an effective age of fifteen years. Size: Land: 9,023 S.F, (75.19' x 120') Improvements: 1,354 S.F. LAND Site Shape The subject property is rectangular shaped and the sketch contained further in this report best illustrates this. . _7144 ' 8 Utilities FEATURES YES NO Sewer ' ¥' x '~' Electric Services x Telephone Services x Public Water x Well Water x Other Water Supply x Curbs x Public sidewalks x Paved streets x Easements, Encroachments or Restrictions and Their Effect or Limitation There are no easemen:ts or any other encroachments or restrictions that in the appraiser's opinion would either inhibit or enhance the value of the subject property. 7145 PHOTOGRAPHS 7~46 .~ SHOWING REAR OF SANCTUARY SHOWING ALTAR AND PEWS 7148 SHOWING MEETING ROOM 7149 SHOWING SOUTH SIDE OF SUBJECT PROPERTY Y150 - : LOOKING NORTHEAST SHOWING SUBJECT PROPERTY SHOWING NORTH SIDE OF SUBJECT AND PARKING 7152 LOOKING SOUTH SHOWING FRONTAL AREA OF SUBJECT PROPERTY 7153 MAP 7154 SUBJECT PROPERTY LOCATION MAP Ave Aw I NE 14th Ave 'PROPER'CC 1000 N Seacrest Blvd Shore Dr North Rd 4th Ave Ocean S¥¢ ~h Ave 7155 Streets98 0 rill 0.2 0,4 0.6 0.8 Page SKETCH 7156 *FOR VISUAL AIDE ONLY 71.57 Zonin.q, Land Use Plan and Concurrency Zoning 12 The subject propeCty is zon~ "C2", by the City of Boynton Beach. This is a neighborhood zoning and allows churches. Land Use Planning The subject property is depicted on the land use plan as zoned. Concurrency needed to meet the impact of development must be in is constructed. This is a regulatory'program that Generally concurrency deems that public services and facilities alace at the time the development insures that each public facility, including water, sewer, drainage ponds, parks, recreation roads, and fire rescue are available to accommodate the development concurrent with the impact of development on such public facilities consistent with the level of service for these public facilities adopted in the comprehensive plan. The bulk of the subject properties in this area are already improved and not subject to concurrency. However, vacant sites in the appraiser's opinion would not be subject to any undue restrictions due to concurrency. These properties are located in urban infill areas and would be considered an urban infill site and it is the appraiser' s opinion that concurrency would not preclude any development in the subject property neighborhood. 7158 13 Assessed Value, Taxes and Special Assessments Assessed Value and Taxes (information taken from the Palm B~ach Cou~q~ ty Property Appraiser's Office) Folio Number: Land Assessment: improvements Assessment: Total Assessment: CURRENT TAXES 08-43-45-21-10-004-0010 $36,092.00 $63;2O7.OO $99,299.00 $ 46.00 (Exempt - Church) .Histo of P~ Subject proper~y has sold within the last 5 years Yes[x ] No[ ] ORBOOK/PAGE: 11305/0755 DATE: JULY 1999 GRANTOR: SEACREST CHAPEL REALTY, LTD; GRANTEE: JESUS HOUSE OF WORHSIP, INC. $70,500 Exposure Time Exposure time is defined as the estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical sale at market value on the effective date of the appraisal; a retrospective estimate based upon the analysis of past events assuming a competitive'and open market. Exposure Time for the subject property is 9 months to 12 months, based on closed sales and listings and other comparable sales. Marketing Time Marketing time is same as exposure time. 7159 14 Public and Private Restrictions There are no public or private restrictions noted which would either inhibit or enhance the value of the sdbj~ct propeh'y. 71.60 ANALYSIS OF DATA AND CONCLUSIONS Hi.qhest and Best Use Analysis In estimating th'e ~alue of r~al estate, the analysis of the Highest and Best Use to which the property may be put is a prime item of consideration. The Highest and Best Use must be estimated both as if vacant and available for development in analyzing the value of the land; and also must be estimated based upon the way the property is presently improved to determine if the present improvements contribute to the value of the property. According to "The Appraisal of Real Estate, 12TM Edition, 2002", published by The Appraisal Institute, Highest a~d Best Use is defined as: "the reasonably probable and legal use of vacant land or improved properties, which is physically possible, appropriately supported, financially feasible, and that results in the highest value". The following factors need to be addressed when determining the highest and best use of the property and will be discussed on the following page. Physically Possible Uses of the Property Legally Possible Uses of the Property Financially Feasible Uses of the Property Maximally Productive Uses of the Property The subject property has dimensions that are adequate to accommodate a commercial use and also the zoning allows a commercial use. Some type of local retail use would be the most financially feasible as well as maximally productive use for the subject property. 7161 t While the highest and best use is some type of commercial use, the existing use as a church suits all highest and best use criteria. The highest and b'~'st use ~s for some commercial use, which would include the existing use as a church. 16 7162 17 Valuation Methodology In estimating the value of real property, it is appraisal procedure to assemble as much factual information from the market a~ Foss~ble. Thls information is then used to support an estimate of value for the property appraised by the use of the normally accepted appraisal methods or approaches to value, nm'aely: Sales Comparison or Market Approach Cost Approach Income Approach The Sales Comparison or Market Approach, is an analysis of known sales of properties which are considered similar to the property being appraised. Direct comparison is made between the subject and the sales for variables such as location, time of sale, conditions of sale, terms of financing, as well as any differences in physical characteristics. Any measurable differences are then adjusted to arrive at a value estimate for the subject property. Normally, when using the Sales Comparison Approach, units of comparison are found which are relevant for the properties in the class and type of the subject. Most units 0f comparison are directly involved with physical characteristics of the properties and/or their improvements. The Cost Approach to value is based on the princ!ple of substitution. This approach assumes that a property should sell for no more than the cost of building an equally desirable substitute. The basis for this approach is to estimate the cost to reproduce the improvements on the property new. From the cost new is deducted any visible depreciation which can take the form of physical wear and tear due to the aging process, functional 7163 18 obsolescence caused by changes in construction practice, or aesthetic tastes and external factors which detract fi'om value and are factors outside the property itself. After deducting~'t~e~ observ'~c~ depreciation from the cost of the improvements new, the land value as if vacant and available for development to its highest and best use is added to provide an indication of value for the entire property. The Income Approach to value is an estimate of value based upon the income which a property should produce. This approach is used with commercial, industrial , and multi-family rental properties primarily, and is a method of analyzing potential rental income which a property should produce, deducting normal operating expenses and capitalizing the resulting estimate of net income to provide an indication of the value for the property. The final step in the Appraisal Process is the reconciliation of the values indicated by the different approaches to value into a final conclusion of value. This final reconciliation compares the basic vaiue methods or approaches which have been used, and the quality and quantity of data which was available for each. These value indications are then reconciled into a single value estimate. 716~ 19 Approaches to Value Used and Excluded Only the Market Approach will be used in this appraisal report. The Cost Approach will not be used because age ar~l'Condition of the building precludes any reasonable estimate of depreciations. These types of properties generally sell to an owner/user and prices negotiated are not dependent on income ~otential, therefore the Income Approach will notbe used in this report. 7165 20 The Market Approach to Value It is the appraiser's opinion that the subject property historically was constructed and designed as a fi'bestanding commercial structure used as funeral home. The existing use that is a church is an allowable use; however, it is the appraiser's opinion that the subject property is more analogous to a freestanding retail building. The following sales are all freestanding retail-building sales, some of which the buildings have been converted to retail uses although all could have been converted to a church, as was the subject property. These sales will be compared to the subject property with the unit of comparison being a per square foot cost of building area including land. SALE DATE SIZE PRICE PRICE/S.F. OF BUILDING INCLUDING LAND SUBJECT CURRENT LAND: 9,023 S.F. N/A N/A IMP: 1,354 S.F. I 9/02 LAND: 19,141 S.F, $150,000 $151.51/S,F. 702 N, DIXIE HIGHV IMP: 990 S.F. LAKE WORTH 2 11/02 LAND: 14,169 S.F. $200,000 $1'4t.24/S.F. 1022 N. FEDERAL P IMP: 1,416 S.F. BOYNTON BEACH' 3 7~02 LAND; 3,000 S.F. $160,000 $185.19/S.F. 2602 N. FEDERAL IMP: 864 S.F. HIGHWAY BOYNTON BEACH 4 1/03 LAND: 12,000 S.F. $3421000 $111.11/S.F. 4t0 E. BOYNTON IMP: 3,075 S.F. BEACH BLVD. BOYNTON BEACH Sale No. 1 is located along N. Dixie Highway in Lake Wor[h and this is in a slightly better location than the subject; however, this is a smaller commercial structure containing 990 S.F. as compared to the subject's 1,350 S.F.(+/-) and would tend to sell for a higher per unit price: Aisc, this sale transpired in September 2002 and 7166 21 there has been a slight increase in time. Location is superior to the subject as N. Dixie Highway is a more heavily traveled artery and is more intensely improved commercially. Sale No. 1 is adjusted -10~/o for an indicated valUe as follows: $151.51/S.F. x .90 = $136.36/S.F., say $136.00/S.F. Sale No. 2 is also an older sale occurring in November 2002 and is also superior in location as it is located on N. Federal Highway, a more heavily traveled road and also more intensely developed Commercially. This improvement containing 1,416 S.F. is similar in size to the subject and adjustments are felt to be offsetting with an indicated value by this sale of $141.24/S.F. Sale No. 3 is also located on Federal Highway and is a much smaller structure containing 864 S.F.; and it is on a much smaller parcel of land. This comparable sale selling for $185.19/S.F. is felt to set the extreme upper limits of value and is given little credibility but is used in this appraisal report as part of the overall real estate picture. Sale No. 4 located on Boynton Beach Boulevard and is substantially larger than the subject having 3.075 S.F. as compared to the subject being 1,354 S.F~ and therefore this sale would tend to sell for a much lower per unit. Location is felt to be equal but size is adjusted +20% for an indicated value as follows: $111.11/S.F. x 1,20 = $133.33/S.F. 7-167 22 Correlation and Final Estimate of Value The above sal~s tend to complement each other with the indicated value having a rather tight range and based on Sales No. 1,2 and 4 it is the appraiser's opinion that the subject property has a value of $135.00/S.F. 1,354 S.F. X $135.00/S.F. = $182,790 $183,000 ® In addition to the estimated value of the real estate, interior fixtures and equipment are added as this is a part of the whole property. Mr. Gary Maehl's, Allied Appraisal Services, Inc. estimate (copy of the report is contained in the Addenda of this report) amounts to: $16,310.00 Market value of fixtures/equipment in place -$ 2,730.00 Salva,qe value $13,580.00 Net Value follows: Therefore, the total estimated value for the subject property is as $183,000.00 $ 13,S80.00 $196,580.00, $196,600 ® 7168 universal Land Title, Inc. SF.~L duly adopted the roi]owing Resolutions at ~ ~eeLing duly held Resolved that EDDIE EVANS, A DIRECTOR~PAStOR of th~ Corporatiun is Executed ~h~.~ 27th day nf July, 1999. 7170 . SALE NO. 1 APRAISER'S REFERENCE NO.: BB04-15 LOCATION: BRIEF LEGAL DESCRIPTION: PROPERTY I.D.#: GRANTOR: GRANTEE: 7171 PROPERTY TYPE: Improved Commercia 702 N. Dixie Highway Lake Worth, Florida "Lots 6,7,& 8, less the W 10 feet Of Lots 6 and 7, and par~ of Lot 8 Of the Town of Lake Worth, As recorded in BB 2 Pgs 29 to 40 In the Public Reocrds of Palm Beach County, Fl" SEE ATTACHED DEED 38-43-44-27-15-221-0060/0070 Dale L. Sisson Jean Marie and Marie A. Dossous SALE NO. I CONTINUED APPRAISER'S REFERENCE NO.: BB04-15 PROPERTY DATA: LAND SIZE: 19,141 S.F. (150x127.60') IMPROVEMENT SIZE: 990 S.F. PROPERTY TYPE: Improved Commercial ZONING: "HIC-l".,.High Intensity Commercial By the City of Lake Worth UTILITIES: PRICE: $150,000 PRICE/S.F.: $151.51/S.F. (building including land) OR BOOK/PAGE: PROPERTY RIGHTS CONVEYED: TERMS: All utilities are available DATE OF TRANSACTION: 9/30/02 DATE OF INSPECTION: 10/04 14273/754 Fee Simple No effect on sale price VERIFICATION: CONFIRMED WITH: Dr. Gaston PHONE: 561-588-6729 CONFIRMED BY: Charles D. Muncy CONDITIONS OF SALE: Arm's length transaction PRESENT USE: Office HIGHEST AND BEST USE: As improved COMMENTS: This parcel has 150 feet of frontage on the east side of Dixie Highway. improved with a 990 S.F. CBS retail store built in 1950. The site has 4,814 S.F. of paving. Converted to a doctors office in 2003, building was totally renovated and there are 11 parking spaces, 1 handicapped space. 7172 IIIIIii111111111111111 270t Okse~hobee Bird,, Suit1 200 WJ~t Pelto Beac~, FL Our File NO. W02-2~0~ Parcel No.,. ~ ,~: (Space Above *Th~ L/ne for Recording Data) WARRANTY DEED THI~ WARRANTY DEED made and exeoutsd the ~ ay of Septem~r, 2002, by DALE L $1~SON, i iingle man, grantor, to JEAN MARIE DOS~U8 and MARIE A. DOSSOUS, husband and wif~ po~ office ~ldre~ Is as follows: hereinafter cai/ed ~he grantee: (VVhereYer used herein the terms "grantor" and "grantee" include the pertie~ to this insb't.m'~n{ and the heirs, legal representatives end e.a~lgns of Individuals, and the su~ors and assigns of corporalfons) WTTNEE,~ETH: That the grantor, for and in consideration of the sum of $10,00 and olher valuable ~"~iderafions, receipt whereof is hereby, acknowledged, hereby grants, la~rgalrm, sel/s, aJis~s, remiss, ~ease~, conveys, and confirms unto Ifle grantee, all th~ cerlaJn lind s/tu'ate in Palm Beach Count% TOGETHER w~ ar/the tem~nent~, hereditamenta and appurtenances thereto belonging or in ar~ywise appertaining. SUBJEC'F TO restflctions, reservations, covenants, and easements of record, If applicable. TO HAVE AND TO HOLD, the same in fee simple forever. 7173 AND the grantor hereby covenants w~th said grantee that it is lawfully seized of said land in fee simple; that fits grantor has good right and lawfu~ autf'~od~ to ~1 and eoflvey said land; that the grantor hereby fully warrants the titte to said land and will defeTi~ ~ ~ame.~agsirlst tile claims of a~l persona C~ming by, through or under grantor;, end that said lar,:l is free of all e. CUmbrances, except taxe~ ar.c~ng subsequent to December $1, IN WTrNE~ WHEREOF, the said grantor has signed and sealed these preser~ts the day and ye; r first above wrfften. THE STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing ln.~qJment was acknowledged before me this i..~'~ day of ~q:~mlber, 2002~ DALE L $158ON who is personally known to ma, or who has produced Ident~cation as referenced below and who did not take an oath. WITNESS MY HAND AND OFFICIAL SEAL OF OF~CE (SEAL) 7174 Do~'oth¥ H. i~)ken~ rlf~*k ,' ~"q~xhiblt "A'~' Lots 6, ? and 8, Block 221, THE PALM BEACH FARMS COMPANY PLAT NO. 2, The Townsite of Lucerne (now known as Lake Worth) recorded in Plat Book 2, Pages 29 through 40, of the Public Records of Palm Beach County, Florida: Less and Except the West i0' of Lots 6 and 7; AND LESS AND EXCEPT That part of Lot 8, Block 221, TNE PALM BEACH FARMS CO. PLAT NO. 2, THE TOWNSITE OF LUCERNE, according to the plat thereof, as recorded in Plat Book 2, Page 29, of the Public Records of Palm Beach County, Florida, lying in Section 27, Township 44 South, Range 43 East, Palm Beach County, Florida, being more particularly d~ribed as follows: Commonce at a found Brass Disc in concret~ marking the Southwest corner of said Section 27; thence North 89" 50' 59" East along the Southerly line of said Section 27, a distance of 178.66 feel to a point on the Baseline of Survey f6r Sram Road 805 (Dixie Highway) as shown on the Flor/da DeparUnem of Transportation Right of Way Map for Section 93050-2513; thence North 27o 33' 27" West along said Baseline of Survey, a distance nf 386.09 feet; thence North O0° (30' 14" East along said Baseline of Survey and the Westerly line of said Section 27, a distance of 1815.15 feet thence South 89° 59' 46" East, a distance of 47.00 feet to the POINT OF EEGINNING, said point being on the Southerly Existing Right of Way line for 7th Avenue South and the Northerly boundary line of salt Lot 8; thence North 89° 58' 58" West along said Southerly Existing Right of Way line and said Northerly boundary line, a distance of 14,80 feet to a point on the Easterly Existing Right of Way line for said State Road 805 (Dixie Highway), said point being on a line 2.20 feet Easlerly of and'parallal with the Westerly boundary line of said Lot 8; thence South 00o 00' 14" West along said Easterly Existing Right of Way line and said parallel line, a distance of' 14.80 feet; thence North 45° 00' 38" East, ~ distance of 20.93 feet to the POINT OF BEGINNING. 7175= SALE NO. 2 APPRAISER'S REFERENCE NO.: BB04-'I6 LOCATION: BRIEF LEGAL DESCRIPTION: PROPERTY I.D.#: GRANTOR: GRANTEE: 7176 PROPERTY TYPE: Improved Commercia 1022 North Federal Highway Boynton Beach, Florida "Lots 20,21, & 22 BLK 3 OF LAKE ADDITION TO BOYNTON AS RECORDED IN BB 11, PG 71 In the Public Reocrds of Palm Beach County, Fi" SEE ATTACHED DEED 08-43-45-21-32-003-0200 Scott T. and Mary Jo Bills Yellowbeard, Inc. C/o: James D. Hanson, Jr. SALE NO. 2 APPRAISER'S REFERENCE NO.: BB04-16 PROPERTY DATA: LAND SIZE: 14,169 S.F. (132' x 107') IMPROVEMENT SIZE: 1,416 S.F. PROPERTY TYPE: Improved Commercial ZONING: "C4", General Commercial by the City of Boynton Beach UTILITIES: PRICE: $200,000 PRICE/S.F.: $141.24/S.F. (building including land) OR BOOK/PAGE: PROPERTY RIGHTS CONVEYED: TERMS: All utilities are available DATE OF TRANSACTION: 11/22/02 DATE OF INSPECTION: 10/04 14453/321 Fee Simple No effect on sale price VERIFICATION: CONDITIONS OF SALE: PRESENT USE: HIGHEST AND BEST USE: CONFIRMED WITH: Public Records CONFIRMED BY: Charles D. Muncy Arm's length tranSaction Restaurant As improved COMMENTS: This parcel has 132 feet of frontage on the east side of Federal Highway Improved with a 1,415 S.F. concrete retail building constructed in 1938. At the time of sale this parcel was retail/commercial subsequently Converted to a seafood restaurant with twenty-eight parking spaces. 7177 :. Prlplred By arid Return To: Adsr~e D. ~ume~e Fidel~ N~flonal ~e I~u~nce Co.any of New York 1926 1~ Avenue NO~, Suite 2~ Lake Wo~, FL 33481 . Rle No. 02-012-306372 Property Appreleer'l Plmel [.D.{fo~io) Numbed~) 08-43-45-21.32-003-0200 tillIIIlllllllllllllllll OR IN{ 14~53 I:~ 03~1 Palm Beach County, Florida AMT ~00,000.00 Doc S~mp 19400,00 WARRANTY DFFn THIS WARRANTY DEED dated Novembe~ 22, 2002, by Scott T. Bills and Mary Jo Bi,i, Husban~ and W]fc he~eina~r called the grantor, to Yellowbeard, Inc., a F{orida Corporation who~e post offioe address is 12950 West Dixie Highwhy, North Miami, FL 33161, hereinafter called the grantee: {Wherever=ueed herein the tan'ne "grantor" end "grantee' include all the ~arties to this instrument and ~e heire,'legal representatives end a~elgrts of Individuals, and the successors and a~igr~s of corpora~one) WITNESSETH: That the grantor, for and in consideration of the ~um of $10.00 and other valuable consider~Jon, receipt whereof le hereby acknowledged, hareby grant~, bargains, sells, aliens, famines, releases, conveys, and Cornflrr~ unto th~ grantee, Mt the certain land-$1~Jeted in PALM BEACH County, Florida, viz: lo~ 20, 21 and 22. RIock 3, Lake AddMon to Boynton, according to the plat thereof, as recorded in Plat Book 11, Page 71 ~f ~he Public Records of PaJm Beach CounW, Florida, Jess the West 17 feet of said Lot 22 and Ieee the existing right of way of U.S. Highway NO. 1 (Stele Road No. 5,) Subject to eeeement$, restrictions, reservations, and lim~tettons of r~o~, E any. TOG~HER w~ si{ the t~emen~, hered~am~ ~d ippu~e~nces thereto belonging or In any wise appe~in~ng. TO HAVE AND T0 H0~ ~e eeme ~n fee sJm~le ~rever, A~ the g~or hereby cov~/n~ ~ laid grant~ ~at ~e g~n~r ~ [a~{~ se~ed of said land in fee simple; that ~e gr~or h~ go~ dg~ and la~ul au~ to a~l and convey laid I~d; ~t ~e g~ntor hereby ~ly the t~ :o said t~d and will d~d the lame a~at ~ M~I ~alms ~ afl persons whosoever; and that said land ~ tree of all encumbrances, ~cept taxes ~c~lng subsequent ~o De~r 31, 2001, 7~178 Darath¥ H. Wilken, Cl~rk IN W~TNE$$ WHEREOF, the said grantor has signed and sealed these presents the day and year first above wri~en. (Witness Signature} [Print Name of Witness) $co't~ T. Bills [Address and Phone Number) STATE of Floridq COUNTY of Palm Beach I HEREBY CERTIFY that on this day, before me, an Officer duly authoPIzsd in the State aforesaid and the County aforesaid to ~ake acknowledgements, pereonatly appeared Scott T. BIlls and Mary Jo Bills to me known to be the person[s) described in or who hea/hsv~ produced Or'LJcer~ae.~ as identification and who executed the foregoing instrument and he/she/they acknowledged before me ~hat he/she/they executed ~he same. WITNESS my hand snd official seal in the County and State last aforesaid this 22nd day of November, 2002. Notary Signature Printed Notary Name My commission expires: '7179 - - SALE NO. 3 APPRAISER'S REFERENCE NO.: BB04-18 PROPERTY TYPE: Improved Commercia LOCATION: BRIEF LEGAL DESCRIPTION: PROPERTY I.D.#: GRANTOR: GRANTEE: 7180 2602 N. Federal Highway Boynton Beach, Florida "Lots 68 and 69 less the west 64.69 feet of LAKESIDE GARDENS AS RECORDED IN BB 8, PG 57 In the Public Reocrds of Palm Beach County, Fl" SEE ATTACHED DEED 08-43-45-15-02-000-0680 Marie O'Neill Jose Stable SALE NO. 3 CONTINUED APPRAISER'S REFERENCE NO.: BB04-18 PROPERTY TYPE: Improved Commercial PROPERTY DATA: LAND SIZE: 3,000 S.F. IMPROVEMENT SIZE: 864 S.F. ZONING: "C3" Community Commercial By the City of Boynton Beach UTILITIES: PRICE: $160,000' PRICE/S.F.: $185.19/S.F. (building including land) OR BOOK/PAGE: PROPERTY RIGHTS CONVEYED: TERMS: All utilities are available DATE OF TRANSACTION: 7/02 DATE OF INSPE~CTION: 10/04 13994/1220 Fee Simple No effect on sale price VERIFICATION: CONDITIONS OF SALE: PRESENT USE: HIGHEST AND BEST USE: CONFIRMED WITH: Jose J. Stable, MD, owner PHONE: 561-738-6691 CONFIRMED BY: Charles D. Muncy Arm's length transaction Retail As improved COMMENTS: CBS retail building built in 1979. At the time of sale the owner stated that the building was in rough condition and needed $15,000 worth of Renovations and maintenance in order to be useable. Thus, the sale price is adjusted upwards $15,000. $160,000 + $15,000 = $175,000 $175,000/864 S.F. = $202.55/S.F. (actual price) 7181 .............. - llllllJllllllllllllll '~ Warranty Deed This Warranty Deed ~ Thc foregoing iastramcnt was ac._l~_,_wl~g~ b~for~ rot tl~s l?th day o~f luly~O02 by ~: 07~ who [} is persomJly 7182 SALE NO. 4 APPRAISER'S REFERENCE NO.: BB04-20 PROPERTY TYPE: Improved Commerci LOCATION: BRIEF LEGAL DESCRIPTION: PROPERTY I.D.#: GRANTOR: GRANTEE: 410 E. Boynton Beach Blvd. Boynton Beach, Florida "TOWN OF BOYNTON LTS 5 & 6 BLK 2..." SEE ATTACHED DEED 08-43-45-28-03-002-0050 A.B.A.F. Investments, Inc. Boynton Beach Property Holdings, LLC 7183 -- - SALE NO. 4 CONTINUED APPRAISER'S REFERENCE NO.: BB04-20 PROPERTY DATA: LAND SIZE: 12,000 S.F. IMPROVEMENT SIZE: 3,075 S.F. PROPERTY TYPE: Improved Commercial ZONING: "C-3" COmmunity Commercial By the City of Boynton Beach UTILITIES: PRICE: $342,000 PRICEIS.F.: $111.11/S.F. (building including land) OR BOOK/PAGE: PROPERTY RIGHTS CONVEYED: TERMS: All utilities are available DATE OF TRANSACTION: 1/03 DATE OF INSPECTION: 10104 14860/1691 Fee Simple No effect on sale price VERIFICATION: CONDITIONS OF SALE: PRESENT USE: HIGHEST AND BEST USE: CONFIRMED WITH: Marie $cide, Manage~ CONFIRMED BY: Charles D. Muncy Arm's length transaction Retail As improved COMMENTS: Purchased in good condition. This commercial improvement is in dated condition. 10 parking spaces, 1 curb cut into Boynton Beach Boulevard. 71,84 1111111[' lllllllllll This JodeDZur¢~ M~c[clhls 29th dlyo[ Januaz~ , 2003 /,D., A.B.A,F. Invaa~en~, Inc,, m CO~oration existing under the laws of the State of Boynton Beach Proper~ Rol~nga, LLC, a Co~ora~on existing under the laws of ~e State of Flori~ ~ ~ ~ 33432 ........................ T~ DOL~s ($20) ...................... ;0 Witness Printed va,,k.~ ~ax~oyan ~ -- STATE OF F10r/da (Corpora ft .~,..,j COUNTY OF SroWa:d Vaaken Lakho~an , P=estdent/Direoto= of A,B.A.~, Invea~enta, Znc,, a .I ALLIED APPRAISAL SERVICES, INC, FIXTURES & EQUIPMENT APPRAISAL Boynton Beach CRA Project Parcel No, 116 Jesus House of Worship Church 1000 N. Seacrest Avenue Boynton Beach, Florida .. APPRAISAL of Immovable Trade Fixtures Movable Personal Property Replacement Cost New Market Value in Place Salvage Value as of October 8, 2004 and Inventory Only Third Party Property 1/15 AA File #0410-075 7186 Professional Appraisers Of Real And Personal Property 929 SE. First Street · Pompano Beach, Florida 33060 · (954) 782-3130 Toll Free (800) 273~4623 · Fax (954) 942~7678 · EmaihAlliedappr@aol.com October 24, 2004 ALLIED APPRAISAL SERVICES, INC. C. Donald Muncy 224 Commercial Blvd. Lauderdale by the Sea, FL 33308 Dear Mr. Muncy: In accordance with your request, we have made an appraisal of the Immovable Trade Fixtures and Movable Personal Property at the following property: Parcel 116 Boynton Beach CRA Project Purpose of the Appraisal Jesus House of Worship Church 1000 N. Seacrebt Avenue Boynton Beach,.Florida The purpose of this appraisal is to estimate the Replacement Cost New, Market Value In Place, and Salvage Value of the property assets appraised as of the date of appraisal. Function of the Appraisal It is our understanding that this appraisal will be used to assist in establishing values for condemnation purposes. Description of Property Appraised The property' appraised comprises certain tangible business property items used in the operation of a church. Property Interest Appraised An unencumbered clear title to ownership of the property appraised is presumed in this appraisal. No investigation has been made as to title or ownership of the property appraised. Any liens, loans or other encumbrances applicable to any or all of the property appraised is disregarded. 7187 2/15 AA File #0410-075 Parcel 116 ALLIED APPRAISAL SERVICES, INC. Definitions Definitions of terms as used in this report are as follows: "Replacement Cost New" is defined as being the amount of money that would be required to purchase, acquire or fabricate the same or identical items in new condition from the normal and usual vendors and suppliers to the trade. In cases where identical items are no longer available new, replacement costs of items of similar utility and quality have been used. Items of a type no longer made are valued as available rebuilt or as available in the used equipment market. Included are appropriate sales taxes and installation costs where applicable. "Market Value In Place" is defined as being the amount of, money that could be realized in a sale between a willing buyer and a willing seller when the property appraised is considered as a component part of a business enterprise or business facility. This value can also be defined as the used retail value of the co, mponents, increased to reflect taxes, freight, installation and the assemblage value. "Salvage Value" is defined as being the amount of money that could be realized from an orderly liquidation sale of the property under conditions where it must be removed from the subject property premises by the buyer. In the event of negative value, (i.e. when one would have to pay more to have the property items removed than the value would be after removal) the salvage value is shown as zero. "Immovable Trade Fixtures" includes fixtures or special use property items that: I. Are pern3anently installed or attached to 'the structures, other property items or systems in such a manner that removal would result in significant damage to the property items.or to the structure or other property item to which they are attached; or 2. Have been ~onstructed or fabricated in place and have special design, dimensions and functional utility in the existing location and, as a result, would have diminished utility in an alternate location. "Movable Personal Proper-h/' includes property items of a type that are not permanently attached, have equal functional and economic utility regardless of location and can readily be moved and/or relocated. "Third Party Property" includes property items that belong to other parties, but which were located on the subject property at the time of inspection. - 7188 3/15 AA File #0410-075 Parcel 116 ALLIED APPRAISAL SERVICES, INC. Methods of Valuation Property is generally appraised by us~ one op~ore of three approaches to value briefly described as follows: 1, Cost Approach ~ in which the property is valued at its replacement cost new less accrued depreciation. 2. Market Comparison Approach - in which the property is valued by directly comparing it to other similar property items that have recently been sold which are offered for sale. or 3. income Approach - in which the property is valued based on its ability to generate income and profit. _ The subject property has been valued primarily by the cost approach and secondarily, to the extent possible, bY the market approach. The income approbch is not considered a valid approach in this appraisal. Date of Inspection The property appraised was inspected on October 8, 2004. Appraisal Date "The property is appraised as of the date October 8, 2004. Photoqraphs Color photographs of many of the items inventoried and/or appraised were taken at the time of our insPection. Copies of these photos are available upon request. 4/15 AA File #0410-075 7189 Parcel 116 ALLIED APPRAISAL SERVICES, iNC. Procedure The procedures used in performing'this ~nspecbon, analysis and appraisal included, but were not limited to the following: A detailed inspection and inventory was made of the property items to be appraised. The inventory was in sufficient detail to enable anticipated valuation research. Estimates of condition and utility were recorded based on the inspection and/or the observed operation of the item. The Replacement Cost New of the various property items were researched in appropriate reference sources or manuals, or in direct contact with dealers and/or manufacturers of the item. The replacement cost of certain home made or specially fabricated items is based on the appraiser's estimate of the cost of labor and materials necessary or familiarity with costs of similar type. An appropriate estimate of accrued depreciation was developed based on the inspection and observation of the item's age, condition, functional utility and economic obsolescence as well as any other relevant data available. The Market Value in Place for each item or group of items was developed by subtracting the estimated accrued depreciation from the Replacement Cost New. Salvage Value has been derived from statistical data obtained in an analysis of liquidation sales and generally reflects a relationship to replacement cost new adjusted for age, condition, marketability and costs of removal. Detailed Inventory and Valuation Section Included as a part of this appraisal report is a detailed Inventory and Valuation Section in which the property items appraised are more fully described and/or valued. The inventory and valuation section is compiled by the classification of property and locations. 7190 5/15 AA File #0410-075 Parcel 116 ALLIED APPRAISAL SERVICES, INC. Summary and Conclusion In our opinion the Replacement Co~t'~r~ew, Maf'l~t Value In Place, and Salvage Value of the property appraised, as of October 8, 2004, is fairly stated as being: Classification of Property Replacement Market Val Salvage Cost New In place Value Immovable Trade Fixtures Movable Personal Property Total All Property $ 8,870 $ 5,624 $ 125 181175 10,686 2,605 $ 27,045 $ 16,310 $ 2,730 Assumptions and Limitinq Conditions The appraiser will not be responsible for matters of a legal nature that affect either the property appraised or the title to it. ~ The appraiser has considered, in the estimate of depreciation, wear and tear, physical deterioration, needed repairs and other adverse conditions observed at the time of inspection. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of hidden or unapparent conditions that would make the property more or less valuable, and has assumed that there are no such conditions, and makes no guarantees or warranties, express or implied, regarding the actual condition of any or all of the property items appraised. The listing of property appraised is considered accurate and complete. The appraiser has, to the best of his ability, inventoried all the property items eligible for inclusion in this appraisal. It is possible some items, for whatever reason, may not have been seen or were overlooked. 7191 6/25 AA File ~0410-075 Parcel 116 ALLIED APPRAISAL SERVICES, INC. Certification The undersigned certifies that to the beSt of his 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 the appraiser's impartial opinions and conclusions and were developed without outside influence. Neither the appraisers, the firm or its employees have a present or prospective interest in the property appraised, and have no personal interest or bias with respect to the parties involved. Compensation for the preparation of this appraisal is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. The property herein appraised has been physically inspected by the following individuals: Gary O. Maehl. Significant professional assistance to the person signing this report was provided by the following individual: N/A The analyses, opinions and conclusions herein were developed, and this repor[ has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice as developed and published by The Appraisal Standards Board of The Appraisal Foundation. Respectfully submitted, State-Certified Genera Appraiser #0000728 7192 7/15 ALLIED APPRAISAL SERVICES, INC ~0JECT BOYNTON BEACH CRA INV~NTORY AND VALUATION PARCEL 116 JESUS HOUSE OF WORSHIP AA FILE 0410-075 1000 N. SEACREST AVE., BOYNTON BEACH, FL REPLACEMENT ITEM QUANTITY AND DESCRIPTION OF PROPERTY APPRAISED COST NEW AS OF 10/8/04 PCT MARKET SALVAG] DEP VALUE VALU} 6 7 8 9 10 11 4 2 5 3 LOT 1 1 LOT ACCT. 1 IMMOVABLE TRADE FIXTURES LOC. 1 SANCTUARY 1 RAISED ALTAR PLATFORM, 9' X 15', WOOD, 1,000 35 650 CARPET COVER 3 WINDOW COVERINGS, V~TICAL BLINDs, 3' x 4' 440 25 330 2 COVE LIGHTING HIGH ON WALL 2 SIDES, 26'L 1,300 35 845 ACCT. I IMMOVABLE TRADE FIXTURES LOC. 2 BACK ROOM COVE LIGHTING HIGH ON WALL 2 SIDES, 15'L 800 35 520 ACCORDIAN FOLD PARTITION, 8'H X 14'L, 1,680 30 1,176 PLASTIC PANELS WINDOW COVERINGS, %FERTICAL BLINDS, 48" X 52" 150 40 90 0 ACCT. 1 IMMOVABLE TRADE FIXTURES LOC. 4 REAR HALL AREA WATER COOLER, WALL MOUNT,' ELKAY 800 40 480 100 ACCT. 1 IMMOVABLE TRADE FIXTURES LOC. 5 OFFICE/KITCHEN KITCHEN TYPE WALL & BASE CABINETS, INCL 1,400 45 770 0 5'L WALL CABT, 7'L BASE CABT WITH SINK WALL AIR CONDITIONER 550 40 330 25 WALL EXHAUST FAN, 20" DIAM 350 45 193 0 ACCT. 1 IMMOVABLE TRADE FIXTURES LOC. 6 OUTSIDE BUILDING SIGNS, PAINTED AND/OR PLASTIC 400 40 240 0 LETTERS ON WALL TOTAL IMMOVABLE TRADE FIXTURES 8,870 5,624 125 7193 8/15 ALLIED APPRAISAL SERVICES, INC. PROJECT BOYNTON BEACH CRA INVENTORY AND VALUATION PARCEL 116 JESUS HOUSE OF WORSHIP AA FILE 0410-075 1000 N. SEACREST AVE., BOYNTON BEACH, FL REPLACEMENT ITEM QUANTITY AND DESCRIPTION OF PROPERTY APPRAISED COST NEW AS OF 10/8, PCT MARKET SALVAGE DEP VALUE VALUE 12 LOT 13 1 14 1 15 1 16 1 17 1 18 19 20 21 22 23 24 25 26 27 28 1 1 2 LOT 2 LOT 2 ACCT. 3 MOVABLE PERSONAL PROPERTY LOC. 1 SANCTUARY PEW SEATING UNITS, HARDWOOD, FABRIC SEAT & 8,000 40 BACK, 14 PIECES, 5' TO 12' LENGTHS CLOCK ON WALL, DECOR 50 30 BULLETIN BOARD, 2' X 3' 30 25 DESK ON WHEELS, WHITE LAMINATE, 36"W 300 25 TASK CHAIR 200 30 ALTAR TABLE, WOOD, 17" X 48" 200 25 PULPIT/PODIUM/LECTURN, WOOD, 44"W, PURPLE 450 40 VELVET COVER, UNDERSRELF FOLDING CHAIR 20 25 SIDE CHAIR, WOOD 45 35 FLORAL BASKETS WALL DECOR 300 25 WALL DECOR, PICTURES, PRINTS, ETC. 250 40 FLOOR LAMPS, HALOID 160 25 MUSIC & SOUND SYSTEM INCL 2 LARGE SPEAKERS .2 950 40 SMALLER SPEAKERS, SAMSON #203 MIXER AMP, MIKES, CABLES, INSTALLATION, ETC. KEYBOARD, CASIO CTK601 DRUM SET 4,800 1,000 35 10 23 5 225 50 140 25 150 50 270 '~0 15 2 29 8 225 40 150 25 120 40 570 180 240 20 192 75 800 45 440 150 ACCT. 3 MOVABLE PERSONAL PROPERTY LOC. 2 BACK ROOM FOLDING TABLES, 8'L 160 60 FOLDING TABLES, 6'L 60 50 -7194: 64 30 20 9/15 ALLIED APPRAISAL SERVICES, INC. ROJECT BOYNTON BEACH CRA INVENTORY AND VALUATION PARCEL 116 JESUS HOUSE OF WORSHIP AA FILE 0410-075 1000 N. SEACREST AVE., BOYNTON BEACH, FL REPLACEMENT ITEM QUANTITY AND DESCRIPTION OF PROPERTY APPRAISED COST NEW AS OF 10/8/04 PCT MARKET SALVAGE DEP VALUE VALUE 34 1 200 60 35 1 LOW TABLE 125 50 36 1 LECTURN 100 40 29 40 WOOD SIDE CHAIRS 1,800 35 30 1 PIANO, STAP, K, CONSOLE/SPINET STYLE 400 50 31 LOT WALL DECOR, PICTURES, PRINTS, ETC. 150 25 32 LOT MICROWAVE~ WHIRLPOOL GOLD, EST. 1.5 CU FT 150 40 33 1 MICROWAVE TABLE/CABINET, WOOD, WITH DOORS 180 ~-25 AND DRAWER T~bBLE, 6'L, MICA ACCT. 3 MOVABLE PERSONAL PROPERTY LOC. 3 RESTR00M 37 LOT COSTUMER, CORNER SHELF, ETC. 250 40 ACCT. 3 MOVABLE PERSONAL PROPERTY LOC. 4 R_EAR BALL AREA 38 1 MINI FRIDGE, EXCELLENCE, EST 4 CU FT 200 40 39 1 TABLE/STAND FOR FRIDGE, WOOD 100 50 ACCT. 3 MOVABLE PERSONAL PROPERTY LOC. § OFFICE/KITCHEN 40 1 DESK, WOOD DOUBLE PEDESTAL 300 50 41 1 STEN0 CHAIR 120 50 42 1 FILE CABINET, 4 DRAWER, LEGAL SIZE 185 45 43 1 SOFA, MAROON FAHRIC, 56"L 450' 40 44 1 TABLE, WOOD, 17" X 48" 200 25 45 LOT WALL DECOR, PRINTS, PICTURES, ETC. 100 25 ~ ~ ~ ~71~5 1,170 320 200 100 113 25 90 20 135 20 80 10 63 15 60 20 150 120. 50 150 60 270 150 75 50 40 5 30 5 25 50 50 20 10/15 ALLIED APPRAISAL SERVICES, INC PROJECT BOYNTON BEACH CRA INVENTORY AND VALUATION PARCEL I16 JESUS HOUSE OF WORSHIP AA FILE 0410-075 1000 N. SEACREST AVE., BOYNTON BEACH, FL REPLACEMENT ITEM QUANTITY AND DESCRIPTION OF PROPERTY APPRAISED COST NEW AS OF 10/8/u4 PCT MARKET SALVAGt DEP VALUE VALUt 46 LOT TELEPHONE SYSTEM, 1 LINE 150 40 90 ACCT. 3 MOVABLE PERSONAL PROPERTY LOC. 6 OUTSIDE 47 I REFRIGERATOR, HOTPOINT, 21.7 CU FT SIDE BY 800 SIDE, IN ATRIUM ~REA TOTAL MOVABLE PERSONAL PROPERTY 18,175 90 80 10,686 2,605 719~ 11/15 ALLIED APPRAISAL SERVICES, INC. ROJECT BOYNTON BEACH CRA PARCEL 116 AA FILE 0410-075 ITEM INVENTORY AND VALUATION JESUS HOUSE OF WORSHIP 1000 N. SEACREST AVE., BOYNTON BEACH, FL ~ ~ ~ REPLACEMENT QUANTITY AND DESCRIPTION OF PROPERTY APPRAISED COST N~W AS OF 10/8/04 PCT MARKET SALVAG~ DEP VALUE VALUE 48 ACCT. 5 THIRD PARTY PROPERTY LOC. 2 BACK ROOM WATER COOLER, CULLIGAN TOTAL THIRD PARTY PROPERTY 0 0 0 7197 12/15 ALLIED APPRAISAL SERVICES, INC PROJECT BOYNTON BEACH CRA INVENTORY AND VALUATION PARCEL I16 JESUS HOUSE 0F WORSHIP AA FILE 0410-075 1000 N. SEACREST AVE., BOYNTON BEACH, FL REPLACEMENT ITEM QUANTITY AND DESCRIPTION OF PROPERTY APPRAISED COST NEW AS OF 10/8, PCT MARKET SALVAG~ DEP VALUE VALUZ TOTAL ALL PROPERTY 27,045 16,310 2,73C 7i98 13/15 ALLIED APPRAISAL SERVICES, INC. Qualifications of the Fixtures and Equipment Appraiser Gary O. Maehl Employment President and Managing Appraiser Allied Appraisal Services, Inc. Experience Education More than forty years experience as Machinery and Equipment Appraiser specializing in the appraisal of machinery, equipment, trade fixtures, utilities and special purpose systems for corporate, insurance, tax, financing and condemnation purposes. University of Wisconsin Bachelor of Business Administration Licensing Qualifications State-Certified General Appraiser, Florida license #0000728 Expert witness, machinery & equipment appraisal Broward County, Florida Circuit Court Palm Beach County, Florida Circuit Court Seminole County, Florida Circuit Court Minneapolis, Minnesota Circuit Court Expert witness, real estate appraisal Broward County, Florida Circuit Court Federal Bankruptcy Court, Ft. Lauderdale, FL Federal Bankruptcy Court, Tampa, Florida Sauk & Columbia Counties, Wisconsin, Circuit Courts Designation Has ASA designation (Accredited Senior Appraiser) in Urban Real Estate from American Society of Appraisers. Past president of local ASA chapter. Memberships Accredited Senior Member, American Society of Appraisers Association of Eminent Domain Professionals Technical Education MaChinery and Equipment Appraisal Seminars American Society of Appraisers International Conferences 1979, 1983 Business Valuation Courses and Seminars Phillip F. Wilson, CCIM, 2000 Institute of Business Appraisers 198~ 7199 14/15 Technical Education (Cont'd) Clients .t ALLIED APPRAISAL SERVICES, INC. Qualifications of the Fixtures and Equipment Appraiser Gary O. Maehl (Cont'd) Real Estate Appraisal Courses American Institute of Real Estate Appraisers Real Estate Appraisal (#1) Capitalization Techniques (#2) Standards of Professional Practice (#2-3) Society of Real Estate Appraisers Principles of Appraisal (#101 ) Income Property Appraisal (#201) Applied Income Properly Appraisal (#202) Market Extractions Seminar Narrative Report Writing Seminar Banks Bank of America First United Bank Government Florida Department of Transportation Broward County Dade County Broward County School Board United States Marshal's Service U.S. Small Business Administration Attorneys Various attorneys and law firms for purposes of estate valuations, eminent domain, judgements, etc. insurance Various insurance agencies, underwriters and Companies and other carriers for purposes of insurance placement, proof of loss or claims adjusting Private Various Clientele for purposes of corporate Sector transfers mergers, reorganizations, purchase or sale, tax appeals, foreclosures, etc. ?200 is/is ~' urce Directory ~' Oc~to b, Search for I Searc~ ] Match: Any Words Show: 10 - Per Page Most Popular: · Employment Trends · Boynton's Jabot market is statistically part of the West Palm Beach-Boca Raton Metropolitan Statistical Area · Palm Beach County's labor force currently exceeds 519,000. One indicator of Palm Beach County's economic health is the strong increase in employment that the area has maintained. According to the Florida Department of Labor Palm Beach County added 19,200 non-.agricultural jobs from March 1999 to March 2000, an increase of 4%. · Palm Beach County has experienced rapid economic growth for the last two decades, a trend likely to continue into the next century. Contributing to the success of the area are factors including: a strong corporate culture; enviable quality of life; favorable taxes; an educatifnal system committed to excellence; state-of-the-art transportation facilities and a skilled and dedicated workforce. · Enviable Assets · Superior quality of life · High-quality infrastructure · Wealth and financial resources · Entrepreneurial talents · New business ventures in high-growth industries · Location: gateway to Latin America, the Caribbean and Europe Largest Employers Area's Largest Employers [Employees Product/Service School Board of P.B.C. 16,800 Education Palm Beach County Government 9,000 County '~- i : . : ~ Gpver~ment 'Pratt & Whitney ~ 01 5,100 ]et Engines http://w~,.w boyntonchamber org/directory/resource php?pel cid=61064170&pel_catau... ] 0/27/2004 £olumbia Palm Beach Healthcare Systems, 4,000 Health Care [nc. [ntracoastai Health Systems, Inc. 3,200 Health Care 'qotorola, Inc .... ,..~, 3,200 Electronic Pagers =1o Sun Inc. 2,500 Agriculture =lorida Power & Light 2,300 Electric Utility Boca Raton Community Hospital 2,000 Health Care Boca Raton Resort & Club 1,850 iHotel Bethesda Memorial Hospital ],600 kiealth Care · Leading Industrial Sectors · Nedical/Pharmaceutical/Health Care · Aerospace & Engineering . Business/Financial/Headquarters Services · Agribusiness · Communicat:ions/Inforrnation Technology · Tourism/Recreation/ Entertainment Population and Income Boynton Beach J(City) 2005159,562 ~_9991551483 Houeeho ds 26,239 025 442 24,025 Median Age (Years) 43.7 149.3 Boynton Beach Palm Beach County (West Boynton Area) 70,520 1 159,700 55,737 1,042 ].96 499,871 449,222 42.4 Per Capita Income 1989 Census, 1999 Claritas, Inc, 27,721 ~ 31,212 16,761 19,854 ~edian Household Income 1989 Census, 1999 Claritas, Inc. 1999 $ 44,183 $ 48,716 1989 $ 28,828 $ 32,511 · Size IBoynton Beach {city) 16.1 sq. miles Palm Beach County Area 2,054 sq. miles · Weather 7202 hup://wvo,v.boyntonchamber.org/directory/resource.php?pel_cid=61264170&pel_catnu... 10/27/2004 IAverage Annual Precipitation: 159.72oI · Workforce Profile Claritas, Inc., 1998 INDUSTRY ' ~ Numbe¥ ~/o of Total Construction 1,256 Manufacturing 1,049 Retail Trade 4,308 23% Finance/Insurance/Real Estate 1,203 6% Services 6,537 35% Other 1,044 Total 18,849 100% (¢2001-2004 Greater Boynton Beach Ct~amber of Commerce TO conlact us or RSVP to an event 639 East Ocean Avenue Boyn~on Beach FL 33435 Call 561-732-9501 Fax 561-734-4304 TechnOlogtes~ 7203 http://v, xvw. boyntonchamber.org/directory/resource.php?pel_cid=61264170&pel_catnu... 10/27/2004 > Ho_m~, Resource Directory Oct:ob, Search for I Search 1 Match: Any Words Show: 10 - PerPage Most Popular: F_ind_ ~,gn!~nt~: > Bqyn!0n Beach > Bevnton History Timeline of Boynton Beach History 1894 1941 Major Nathan S. Boynton settled the land 8oynton changed name to Boynton Beach 1895 1946 Construction of the Boynton Beach Hotel Newspaper "The Boynfon Beach News" published began 1896 1950 First boatload of colonists arrive Population - 2,543 1896 1959 FJagler's Florida East Coast Railroad reaches Belhesda Memorial Hospital opened with 70 beds Boynton 1900 1962 Populalion * 83 City of Boynt,on Beach builds modern sewer system 1900 1977 =irst schoolhouse built 1-95 was widened and goes through Boynton Beach 1900 1979 'Boynton became known as major supplier of Motorola eslablishes pager division headquarters on Congress tomaloes & pineapples Avenue 1910 1983 Completion of the Woman's Club built Telephones were changed to electronic service for 1911 1985 First bridge over Ihe East Coast Canal was 2uantum Corporate Park broke ground built 1913 1985 Second permanent school built 9oynlon Beach Mall opens 1921 1990 The town was wired for electric by the Pepulalion Meredith Electric Shop 46,194 1994 1923 1913 Schoolhouse placed on National Register of His(orical First water treatment plant was built Places 1925 1995 &Il Volunteer Fire Department purchases first 9oynton Beach area boasts 8 etementa0, schools, 2 middle pumper engine, schools and ptans for 2 new high schools 1925 1995 Boynton Hole~ wes torn down New city ware! tower built 1926 1995 The present Woman's Club building was Boyr~oa Be~ch Centennial celebrated designed by Addison Mizner, 4 72 h~:p ://w'ww. boyntonchamber.org/directory/resource.php?pel_cid=61264170&pel_catnu... 10/27/2004 .I 1926 1999 First high school built 1913 Schoolhouse Building Restoration completed 1926 1,999 Boynton Inlet open for commerce Construction begins on new high school to open 2001 1999 1928. Construction begins on new sta.te-of-the-art Ocean Avenue Telephones installed ~,'~'-- Bridge ~ 1935 The Ocean Avenue bridge replaced the East 2000 least Canal bridge ~opulation - >55,483 (estimate) (,'~2001-2004 Greater Boynton Beach Chamber of Comme~ce To contacl us or RSVP 1o an event. 639 East Ocean Avenue, Boynton Beach FL 33435 Call 561-732-9501 Fax 56 ~-734-4304 ~._._~J Tea hnologies~ ~ ~Y~J~TEICYTechn~logy 7205 hnp ://~,~w. boyntonchamber.org/directory/resource.php?pel_cid=61264170&pel_catnu... 10/27/2004 · ,' ~,~, , ,: . , , , ~ > H_om_e., Resource Directory Octob, Search rot Match: Any ~Vords Show: 10 Per Page Most Popular: cg~_te0ts: > B_oy_qL~_n Beach > _De~m_ogra_phic~. Detailed demographics on the city and surrounding area provided by the 2000 Census, · Census 2000 - General Demographic Chara'cteristics Subject Total population 60,389 100.0 ;EX AND AGE Male 28,258 46.8 =emale 32,134 53,2 Under 6 years 3,461 57 5 to 9 years 3,41.3 5~7 lOto 14 years 3,315 5.5 15to 19 years 2,830 47 20 to 24 years 2,847 47 25 to 34 years 8,056 133 35 to 44 years 8,938 148 45 to 54 years 6,672 11 0 55 to 59 years 2,774 4.6 60 to 64 years 2,503 4.1 65 to 74 years 6,619 11 0 75 to 84 years 6,093 101 85 years and over 2,868 4 7 Median age (years) 41.8 (X) 18 years and over 48,399 80 1 Male 22,163 357 Female 26,236 43 4 21 years and over : 46,817 775 hrtp ://w-,,vw.boyntonchamber.org/directory/resource.php?pel_cid=61264170&pel_catnu... 10/27/2004 _t 62 years and over 17,104 28.3 85 years and over 15,580 258 Male 6,445 10 7 Female 9,135 151 RACE One race 58,818 974 Whi~e 42,487 70,4 Black or African American 13,822 22.9 American Indian and Alaska Native 133 02 Asian 918 1.5 Asian Indian 371 0 8 Chinese 208 0,3 Filipino 132 0 Japanese 15 0 0 Korean 31 0 1 Vietnamese 4JL 0 1 Other Asian 1 126 0 2 Native Hawaiian and Other Pacific Islander 30 0C' Native HawaHan E 00 Guamanian or Chamorro 15 00 Samoan 2 00 Other Pacific Islander 2 7 0.0 Some olher race 1,428 24 Two or more races 1,571 2.6 Race a/one or/n combination with one or more other races 3 White 43,133 71.4 Black or African American 14,838 24.6 American Indian 'and Alaska Native 254 0,4 Asian 1,133 1~c Nalive Hawaiian and Other Pacific Islander 108 02 Some other race 2,542 47 HISPANIC OR LATINO AND RACE Total population 60,389, 100.0 Hispanic or Latino (of any race) 5,564 9.2 Mexican 1,199 2 Puerto R/can 1,652 2,7 Cuban 530 0.9 Other Hispanic or Latino 2,183 3.6 Not Hispanic or Lafino 54,825 90,8 While alone 38,897 64 4 RELATIONSHIP Total population 60,389 100.0 In households 59,298 98.2 Householder - 26,210 434 7207 .... h~~p://www~b~ynt~nchamber.~rg/direct~ry/res~urce.php?peLcid=6~264~~~&pe~-~amu~.. 10/27/2004 11,909 197 Spouse 13,676 22 6 Child 10,375 17 2 Own child under 18 years 3,792 6 3 Other relatives *x '.~ 1,329 2 ? Under 18 years 3,711 6 1 Nonrelatives 1,497 2.5 Unmarried partner 1,091 1 8 In group quarters 912 1 5 Institutionalized population 179 0 3 Noninstitutionalized population HOUSEHOLBS BY TYPE 26,210 100.0 Total households 15,684 59.8 Family households (families) 5,811 222 With own chi{dren under t8 years 11,909 45 4 Married-couple family 3,8~7 146 With own children under 18 years 2,853 10 9 · Female householder, no husband present 1,560 6O With own children under 18 years 10,526 40? Nonfamily households 8,643 330 Householder living alone Householder 65 years and over 4,668 178 6,519 249 Households with individuals under 18 years 10,550 40.3 Households with individuals 65 years and over 2.26 (X) Average household size 2.87 (X)~ Average family size -~OUSING OCCUPANCY 30,643 100.0" Total housing units 26,210 85 5 Occupied housing units 4,433 14 5 Vacant housing units 2,944 9.6 For seasonal, recreational, or occasional use 2.1 (x) Homeowner vacancy rate (percent) 7,8 (X) Rental vacancy rate (percent) HOUSING TENURE 26,210 100.0 Occupied housing units 19,072 728 Owner-occupied housing units 7,138 27.2 Renter-occupied housing units 2.27 (X) Average household size of owner-occupied unit 2.24 (X) Average household size ef renter-occupied unit (X) Not applicable Other Asian alone, or two or mo~e Asian categ¢-rios. Other Pacific Islander alone, or t~-nore Native Hawaiian and O(her Pacific I§lander categories http://www.boyntonchamber.org/directory/resource.php?pel_cid=612641 ?O&pel_camu... 10/27/2004 .t 3 in combination with one or more other races listed. The six numbers may add to more than the total population and the six percentages may add to more than 100 percent because individuals may repod more than one race. Source: U.S. Certsus Bureau, Census 2000 Summary File 1, Matrices P1, P3, P4, PS, Pg, P12, P13, P17, P18, P19, P20, P23, P27, P25, P33, PCTS, PCTS, PCTll, PCT15, H1, H3, H4, HS, Hll, and H12. ~,2001-2004 Greater Boynlon Beach Chamber of Comme~oe Call ,561-732-950! Fax 561-734.4304 ohamber~boynlonbeach org $SE TFOUN~R Y, cern 7209 http ://www.boyntonchamber,org/directory/resource.php?pei_cid=61264170&pel_catnu.., 10/27/2004 ,rChamber Resources Home, ReSource Directory Search for F Search '1 Match: Any Words Show: 10 - PerPage Most Popular: Find J~bs! ,?,o_n!~qts_; · _B_~yntgn Beac[~ > N~eig_hb~o_rh~d~ Boynton Beach offers a very diverse housing market. Whether your needs are for rental property or tuxury high-end housing, there is an array of communities to choose from. , no ma~ter what your lifestyle may be. The spectrum ranges from estate homes nestled along some of the finest golf courses to rental communities with pools, clubhouses~ tennis courts and gyms. Breezy and easy living is available for those who prefer to enjoy a maintenance-free existence. As people continue to come and companies relocate employees to this area, housing becomes a ima or concern Wth housing prices ranging from about $ 50,000 to the multi-million-dollar range, Boynton Beach prov des opportunities for ail economic leve s. Stretching from the Intracoastal Waterway to the Turnpike, greater Boynton Beach offers a variety of residential lifestyles, National and local historically recognized neighborhoods, senior living retirement communities, watedront homes, golf course estate homes and family neighborhoods can all be found here. ;, There is a strong sense of neighborhood felt among the residents, Each community becomes an extended family that adds to the excitement of being par[ of Boynton Beach. Singles, newlyweds, families and seniors alike enjoy and participate within communities by supporting ~chools, working on community projects and volunteering. Take the time to enjoy the local communities, developments and historic structures of our neighborhoods, You will truly find why we call Boynton Beach our home. For a complete listing of Chamber Members please reference the following categories in the Buyers Guide of this publication; Apartments; Assisted Living Community; Developers - Residential; Retirement Community. 7210 ht~p://v, rvvw.boyntonchamber.org/directory/resource.php?pel_cid=61264170&pel_cam u. ,. 10/27/2004 ~ .~LIL'~" TechnologtesJ SSETFOUNO~ y, corn ~ ,r~V~T Technology http://'aa, vw.boyntonchamber.org/directory/resource.php?pel_cid=61264170&pel_catnu... 10/27/2004 Charter ,Government '~;~ ~ In the November 6, 1984, General Election, Palm Beach County residents voted to expand the legislative authority of their County Government by adopting a "Home Rule" Charter. The Palm Beach County Charter went into effect January 1, 1985, and introduced four major changes to County Government. The Palm Beach County Charter: 1. Establishes true Home Rule which allows the County to pass its own ordinances and laws as long as they do not conflict with state or federal laws. 2. Provides initiative procedures that allow voters to: a. Create new local laws. b. Modify or amend local laws. 3. Provides a process to modify or amend the Charter. 4. Provides voters with a process to recall County Commissioners for cause, The Legislative Branch The seven-member Board of County Commissioners is the legislative governing body of Palm Beach County. Each Commissioner is elected to a four-year term by voters in the district in which they reside. Commission members take office two weeks after they are elected in the November General Elections. Every two years, Commission members elect a chairman to preside over the County Commission meetings and to serve as ceremonial head of the County. A vice-chairman is also selected to assume these duties in the absence of the chair. 7212. Board of County Commission meetings are business meetings and, as such, the Commission retains the right to limit discus$io''r~'on any ise~e. Citizens should verify meeting schedules in advance by contacting County Administration, 355- 3229. The Administrative Branch The County Commission appoints the County Administrator and assigns to the Administrator executive responsibilities and powers to implement its policies. Under the direction of the County Administrator, over 20 departments and offices combine their efforts to provide County residents with needed services, information and programs. Advisory Boards, Committees and Councils The Board of County Commissioners appoints County residents to serve as volunteers on various citizens' boards, commissions, committees and councils. These groups are established for advisory and/or regulatory purposes. State law requires that some advisory boards exist; others are formed by the County Commission to meet special needs and to help solve the challenging issues facing County government. Funding COunty Government The County's financial operations are budgeted on a fiscal year that begins October 1. The Board of County Commissioners is responsible for approving the operating budget of County government and setting the property tax (millage) rate. Prior to the beginning of each fiscal year, the County Commission holds two public hearings on the proposed budget submitted by the County Administrator. After these hearings are concluded, the Commission may make changes in the proposed budget. Once this budget review process is completed, the Commission advertises its intent to adopt the finat budget and to adopt a resolution to provide the County government with operating and capital funds. Throughout the year, the Commission may review and amend the budget using the review process. 7214 Constitutional Officers/Judiciary Constitutional Officers and the Judiciary are.th~,o~e County officials, who are e ected by the voters and operate independent'ly from the ~%ard of County Commissioners. The Clerk of the Circuit Court, Property Appraiser, Sheriff, Supervisor of Elections, Public Defender, State Attorney and the Tax Collector are Constitutional Officers elected to serve four-year terms. Constitutional Officers establish the budgets for their offices, independent of the budget established for offices under the jurisdiction of the Board of County Commissioners. However, Constitutional Officers work in cooperation with the Commission in order to serve citizens of the County efficiently and cost- effectively. Independent Taxing Districts Palm Beach County is not a consolidated or "metro" form of government. The Palm Beach County School System is governed by a non-partisan elected School Board and operates under the direction of a School Board-appointed superintendent. The County Commission has no jurisdiction over the School Board or its budget. The South Florida Water Management District, the Children's Services Council, the Health Care District, drainage districts, inlet districts and the 37 municipalities within the County also are not under the authority of the Board of County Commissioners. Telephone numbers for principal taxing districts are listed under taxing districts in the Telephone Guide to Services. 7215 History A U.S. Army fort built in Jupiter in 1838 is believed to be the first permanent non- Ind an settlement n the area. The fort was. fol ~L~ed by th~ first civilian residents who cared for the Jupiter Lighthouse beginhing in 1860. The Jupiter and Lake Worth "Celestial" Railroad, and later the Florida East Coast Railroad, opened up travel to and within the County in the late 1880s. 1889, a heavy turnout at the voting polls by residents living around the Lake ~/orth shoreline forced Dade County, which included Palm Beach County atthe time, to move its center of government from Miami to Juno where it remained for 10 years from 1889 to 1899. The Oakbrook Square Shopping Center is built on the location of the former Juno Courthouse. In 1894, West Palm Beach incorporated making it the oldest municipality in the County. Palm Beach County was carved out of Dade county in 1909. It became Florida's 47th county and the first county government meeting was held on July 6~ 1909, in an old four-room school house at the corner of Clematis Street and Dixie Highway in West Palm Beach. At the time, only about 5,300 people lived in the new county which comprised portions of what are now Broward, Martin and Okeechobee Counties, Broward spun off from Palm Beach County in 1915, Okeechobee County was carved out of Palm Beach County in 1917 and Martin County left Palm Beach County in 1925. Palm Beach County's borders incorporated all of Lake Okeechobee until 1963 when the State of Florida partitioned the lake among all of the counties that border it. In 1905, Joseph Sakai began the Yamato Colony in present-day Boca Raton. Sakai attracted fellow Japanese to the area with the promise of farmland. One Japanese immigrant who prospered as a farmer after joining Sakai was George Morikami. In return for the success the County brought him, Morikami donated his home and part of his land to the County for a museum and park. On December 19, 1936, Morrison Field, known today as Palm Beach International Airport, was dedicated. The airport was named after Grace Morrison, a local aviator who lobbied to get federal funds to build the airport. Morrison never saw the airport opened; she died in an automobile accident about two months before the dedication. The PBIA 24-gate jetway opened in October, 1988. 7216 Government The Palm Beach County Home Rule Charter became effective on January 1, .1985. True HOme Rule gives the Board of County Commissioners the ability to create, through a local public hearing ordinance procedure, local laws that are not in conflict with or specifically prohibited by State general law or the State Constitution. This process is done without going to the Florida Legislature to request special legislation to create these laws. Economics Economic indicators per Census 2000 reveal: labor fome 517,893; total employment (civilian) 495,095; average unemployment 4.40%; per capita personal income $41,907 (1999); median household income $37,045 (1997); median family income $56,600; poverty rate 1 'i .50% (1997); and Florida Price Index 105.6 (reflects price level of Palm Beach County relative to the state-wide average); and Palm Beach County's total retail sales $34.4 billion. The three major billion dollar industries in Palm Beach County are Tourism, Construction and Agriculture. There are also many high-tech industries such as Pratt & Whitney contributing to our gr6wing economy. Passenger traffic at Palm Beach International Airport totaled 5.6 million for the 12 months ending May 31, 2002. Tourists contribute $1.5 billion annually to-the County's economy. Palm Beach County ranks first in the state in cash receipts from agricultural marketing: $1.13 billion. The western portion of the county is home to agricultural lands producing nearly 11 percent of the United States' sugar. The Pah~ Beach County School Board oversees the operation of the County's elementary, middle and high schools. The School Board is also the largest employer in Palm Beach County with more than 14,000 employees. Florida's Enterprise Zone Program provides tax incentives to businesses located within or hiring from within the zones. The State currently has 19 Enterprise Zones with 2 in Palm Beach County. The Board of County Commissioners reduced or held steady the County wide millage for eight consecutive years beginni.ng in fiscal year 1989-90. 721'7 Palm Beach County is one of only two counties in Florida awarded double "A" bond ratings by both rating agencies. residents recently passed the Tax Ab~.ement Ref,e~rendum that provides County . . ~ tax breaks to businesses relocating to Palm Beach County. There are 174 motels and 57 hotels in Palm Beach County. Palm Beach County has 15 hospitals and 45 nursing Homes, There are 5 regional mails and more than 60 shopping centers in Palm Beach County. 7218 Demographics Palm Beach County is the largest of the 67counties in the State of Florida. it is located in the subtropical, southeasterh p5rtion of the'~tate known as the "Gold Coast" that consists of Dade, Broward and Palm Beach counties. Palm Beach County's total area is 2,386.50 square miles. Its land area is 1,974.20 square miles and water area is 412.30 square miles. The water area includes a portion of Lake Okeechobee which is the largest freshwater lake inside the State and ranks as one of America's largest lakes. Palm Beach County's shoreline along the Atlantic Ocean extends 45 linear miles north to south. Four inlets connect the Intracoastal Waterway to the Atlantic Ocean. The County's width is 53 linear miles and mean elevation is 15 feet, To appreciate how large Palm Beach County is, consider that it dwarfs Rhode Island and is larger than Delaware. The four largest lakes in the County are: Lake Okeechobee--488,000 acres on the County's northwest border; Lake Mangonia--540 acres in West Palm Beach; Clear Lake--401 acres in West Palm Beach; and Lake Osborne--356 acres in southern Lake Worth and northern Lantana. The eastern County has a thriving urban area while the western area of the County is more rural with wetlands covering the southwestern part and agriculture dominating the northwestern end. In between, are freshwater lakes brimming with large-mouth bass and speckled perch, scrub land preserving pieces of the state's prehistoric past and a variety of plant and animal life. County residents can get a taste of Florida's Everglades by visiting the Loxahatchee National Wildlife Preserve in the southern end of the County. The preserve covers 221 square miles extending from the southern Palm Beach County line, west to US 441, to just south of State Road 98 and west of West Palm Beach. Palm Beach County has numerous colleges in the area that offer a broad spectrum of higher education. Currently, more than 28 percent of all Palm Beach County adults are college-educated. Florida's first public community college, Palm Beach Community College, has four campus locations that offer associate and vocational/technical degrees, non-credit courses and workshops. With two campuses, Florida Atlantic University offers undergraduate, graduate and continuing education programs. Palm Beach Atlantic College is a four year liberal arts college with a Christian environment. Northwood University specializes in business and management degrees. Other colleges in the area include Barry University, Lynn University, College of the Palm Beaches, and Nova University. According to the 2000 Census, the total year-round population of Palm Beach County is 1,131,184. The estimated additional seasonal population is 123,725. The year-round and seasonal population combined totals 1,254,909. Among the 1,131,184 permanent residents, 521,447 or 46% reside in the unincorporated area and 606,737 or 54% reside in the incorporated area that consists of 37 municipalities. 72~9 The City of West Palm Beach, which is the County Seat, has 82,103 permanent municipal residents (13% of total incorporated population) and the biggest land area of the municipalities. Per the 2000 Census, the County's three western Glades communities have a total of 24,750 permanent residents (4% of total incorporation population). The 1,131,184 year-round population is composed of: 41.8 median age; 65 years and older total 262,076 (23%); 18 years and older total 890,726 (79%); males 546,739 (48%); females 584,445 (52%); white 894,207 (79%), black 156,055 (14%) and other 80,922 (7%). Included in that racial breakdown is the fast expanding Hispanic origin population numbering 140,675 (12% of total population). Households total 474,175, with 303,772 being family households. There are 2.34 persons per household. Total countywide residential units total 556,428, made up of 306,040 (55%)incorporated area units and 250,388 (45%) unincorporated area units. Total housing starts for year 2000 was 7,063. The year 2000 building permit activity identifies a total of 10,026 units at a value of $2,786,930,039 [units consist of single family, multi-family, commercial, industrial, repairs, additions, and other]. Education numbers as of June 2000, show a total enrollment of 176,335: pubtic school 149,764 (85%); private school 23,863 (14%), and home school 2,708 (1%). According to the Supervisor of Elections Office as of June 2002 there are 701,439 people registered to vote in Palm Beach County including 313,531 registered Democrats, 240,485 registered Republicans and 147,423 people registered as Independents or in other political parties. The smallest municipality in Palm Beach County is Briny Breezes which covers about four-tenths of a square mile and, as of 2001, t~ad an estimated 400 residents. The smallest town in terms of population is Cloud Lake with 167 residents. T'he Governmental Center is 156 feet high, 282 feet long, and 188 feet wide. According to the Property Appraiser, in 2002 the average price for a new home in Palm Beach County was $150,000. One of Palm Beach County's primary assets and attractions is its balmy weather. Average temperatures are: annual 74.9°F, summer 827F, and winter 66.7°F. The dry season is associated with the winter months. The wet season extends from spring through summer, with an average annual rainfall of 61.7 inches. There are 415 churches in Palm Beach County (320 Protestant; 35 Catholic; 30 Jewish; and 30 other). 7220 Recreation Palm Beach County abounds with parks and other recreational facilities. The County Parks and Recreation Department ha~s,.~51 developed parks (many with water sports and beaches), four swimming,i2OOCs, three c~pgrounds, two golf courses, equestrian facilities, ball fields, fitness trails, and hundreds of handball, racquetball and tennis courts. Palm Beach County is home to the Professional Golfers' Association, headquartered near PGA National Golf Club in Palm Beach Gardens and is often referred to as "the Golf Capital of the World." There are more than 140 golf courses located in Palm Beach County. Palm Beach County is the "Spring Training" home of the Montreal Expos and St. Louis Cardinals. Baseball continues through the summer with the Class A Fl~)rida State League. Saltwater and freshwater fishing enthusiasts have plenty to choose from. From Big-Mouth Bass to Sailfish, the thrill of hooking the "Big One" is a memory that will last forever. Polo, the S crt ' " p of K rigs, also calls Palm Beach County home. Polo tournaments such as the $100,000 World Cup bring large crowds and international celebrities 'including the Prince of Wales to Palm Beach County. Other sports that provide entertainment for visitors and residents include: tennis, greyhound racing, drag racing, motorcycle racing, boating, inqine skating, shuffle board and croquet. Palm Beach County offers a multitude of cultural attractions suitable for even the most discriminating tastes. For those who enjoy the classical sounds of music, the theater, and the ballet, some of the organizations to become familiar with are the Royal Poinciana Playhouse, Watson B. Duncan Theater, Dolly Hand Cultural Arts Center, Palm Beach Ballet Society and the Florida Philharmonic. The Raymond F. Kravis Center for the Performing Arts provides the finest cultural productions available. Historical buffs will enjoy touring the museums located in the County. These include the Loxahatchee Historical Museum and the Jupiter Lighthouse Museum, Henry Mordson Flagler Museum, Norton Gallery of Art, the Morikami Museum, the International Museum of Cartoon Art and the Boca Raton Museum of Art, among others. The Palm Beach County Library system, as well as municipal libraries, strive to provide the foremost services and materials for educational and entertainment reading needs to the area's residents. The South Florida Fairgrounds is home of the South Florida Fair and Exposition, an annual 17 day festival held in late January. The amphitheater provides local residents and visitors with the opportunity to see popular entertainers in concert. The Fairgrounds also hosts many other events throughout the year. .722~ Palm Beach County is served by three major dally newspapersl The Palm Beach Post, The Miami Herald and The Sun. Sentinel along with many Iocaily published weekly newspapers. Palm Beach County has five major local television stationS that are affiliates of NBC, ABC, CBS, FOX, and PBS. >> Pahn Beach County Boards and C.o_mmi~_sions >~ 3_7___~:.lun~l~ilies ~! Palm~B~each Cou~ 7222 7223 Assumptions and Limiting Conditions The foregoing appraisal and valuation certificate are made contingent conditions emd assumptions. subject to the foIiowing i. No responsibility is assumed for the legal description or for matters including legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 2. The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. 3. Responsible ownership and competent property management are assumed. 4. The information furnished by others is believed to be reliable. However, no warranty is given for its accuracy. 5. Al1 engineering is assumed to be correct. The plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. 6. 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. 7224 T It is assumed that there is frill compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined, and considered in the appraisal report. 8. It is assumed that ali applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined, and considered in the appraisal report. 9. It is assumed that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 10. It is assumed that the utilization of the land and improvements is within the boundaries of property lines of the property described and that there is no encroachment or.trespass unless noted in the report. 11. The distribution, if any, of the total valuation in this report between land and improvements applied only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid i£so used. 7225 12. Possession of this report, or a copy thereof, does not carry with it the right of publication. 13. The appraiser, by reason of this appraisal, is not required to give further consultation, testimony, or be in attendance in court with reference to the property in question unless arrangements have been previously made. i4. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the appraiser. 7226 0 UALIFICA TIONS OF CHARLES D. M[UNCY~ APPRAISER PROFESSIONAL EDUCATION B.A., Charleston University, Charleston, West Virginia (1962) American Institute of Real Estate Appraisers: Appraisal Principles, Methods and Techniques (Course I-A) Capitalization Theory and Techniques (Course I-B) Urban Properties (Course II) Litigation Valuation (Course IV) Society of Real Estate Appraisers: Course 101 (by examination) Course 102 (by examination) Course 201 (by examination) Course 202 Numerous seminars, including: Standards of Professional Practice, Part C Real Property and Condemnation Law Principles Florida Department of Transportation Appraisal Principles ASA Small Business Seminar 30 Hours of Continuing Education USPAP/FLORIDA LAW UPDATE: 3/3/2000 4/7/2000 5/6/2000 7/28/2000 thru 7/29/2000 02/22/2002 "Regression Analysis in Appraisal Practice: Concepts and Applications" "7 Hour USPAP Florida Law for Appraisers" "Analyzing Income Producing Properties" "Litigation Appraising: Specialized Topics and Applications at Realtor Assoc. of S. Palm Beach County in Boca Ratbn, Florida "Analyzing Commercial Lease Clauses"State of Florida Certified Real Estate Appraiser, Certification #RZO000105 :7227 PR OFESSIONAL EXPERIENCE West Virginia Department of Highways, S~taff Appraiser (1964-1972) Florida Department of Tr~spormtion (i 972-1974) independent Fee Appraiser (1974 to present) Qualified in numerous West Virginia Courts as expert witness. Quaiified in Broward, Collier, Dade, Duvall, Hillsborough, Lee, Leon, Manatee, Marion, Palm Beach and Sarasota counties, Florida as expert witness. CLIENTS SER IrED (Partial List) State of Florida Department of Transportation Florida Department of Naturai Resources West Virginia Department of Transportation Broward County, Florida Broward County Community Development Board Dade County Metropolitan Dade Count~, Mass Transit Authority City of' Davie Fort Lauderdale Hollywood Boynton Beach Margate Lauderhili Pembroke Pines Coral Springs Coconut Creek Gas companies: Amoco, Exxon, Shell, Texaco and independents. 2tttorneys Developers £enders 7228 ~Private individuals. TYPES OF PR OPER TIES APPRAISED Agricultural Sites and Acreage Apartment Buildings Apartment Sites Asphalt Plants Cemeteries Churches Commercial and Industrial Acreage Sites Concrete Plants Condominium Apartment Buildings Cross-Florida Barge Canal R.O.W. Marinas MediCal Buildings Mobile Home Parks Office Buildings Plant Nurseries Railroad Rights of Way Residences Restaurants/Lounges Retail Stores Rock and Sand Pits Service Stations Easements Shopping Centers Environmentally Sensitive Land Special Purpose Parks Factories Highway R/ghts of Way Industrial Buildings ~,Varehouses Special Purpose Prope~ies S~ip Stores Race ~acks Federal Tax I.D.#65-0269137 7229 NOT]~CE TO OWNER August 27, 2004 Jesus House of Worship, Inc. c/o Pastor Eddie Evens :112 NW Sm Avenue Boynton Beach, Florida 33435 PROJECT NAME: PARCEL NO.: HEART OF BOYNTON 116 RE: 1000 N. Seacrest Blvd. Boynton Beach, Florida 33435 Dear Property Owner and Other Interested Parties: The purpose off 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 1000 N. Seacrest Blvd., 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 Properb/Acquisition Policies Act of 1970 (URA), as amended. For your information and review, I have enclosed a copy of a brochure entitled, "When a Public Agency Acquires Your Property." The Agency wishes to disclose to you the following: The acquisition would be considered an involuntary acquisition due to the fact that the Agency has the power of eminent domain and can acquire your property by condemnation. In most cases, an appraisal and review appraisal are required to established what is just compensation (fair market value) of a property. You, or someone you designate to represent you~ will be offered the opportunity to accompany the appraiser duripg Be inspections of your property. BOYNTON BEACH 7230 COMMUNITY REDEVELOPMENT AGENCY NOTZCE TO OWNER August 27t 2004 Page 2 of 2 If your property is tenant-occupied, each tenant should be encouraged to not move. Each lawful tenant determined to be eligible as a displaced person will be assisted if the property is acquired. A representative pf~mur Agenoywvill contact each tenant to determine their eligibility for assistance under the UPA. The Agency wishes to caution you that any tenant who moves into the property identified herein for possible acquisition after the initiation of negotiations, may not be entitled to displaced person assistance from the Agency. ].n the event you wish', to provide housing to a tenant after this date, and you personally wish to pay for such assistance, please contact the Agency before you allow the tenant to occupy or lease the unit since URA assistance for a displaced person can be quite expensive. ].f you wish to lease a vacant unit to a new tenant, but not be responsible for displacement assistance, be certain to I~ave the attached Move-in Notice executed by the tenant prior to the tenant leasing and occupying your unit. NOTE: If the Agency determines that a person occupies a property-Or is allowed to occupy a property, for the purpose of obtaining relocation assistance, the tenant will not be entitled to assistance as a displaced pe,rsori. If you wish to discuss the Agency's interest in acquiring your property, the contents of ~he brochure or this letter, oP the acquisition process that is required, please contact Barry Lazarus, Project Manager, at (954) 522-6226, ext. 177 or our toll free number (888) 522-6226, ext. 177. 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: Barn/Lazarus This letter, and all future correspondence you receive from the Agency, are important and shou d be kept in a place of safekeeping. Sincerely, THE URBAN GROUpt ]'NC, Agents for Boynton Beach CRA Project Hanager Enclosure 7231 OFFER OF 3UST COMPENSATION August 27, 2004 3esus House of Worship, Inc. c/o Pastor Eddie Evens 112 NW 5~ Avenue Boynton Beach, Florida 33435 PROJECT NAME: HEART OF BOYNTON PARCEL NO.: 116 Dear Mr. Evens: The purpose of this letter is to make you an offer of just compensation for you~ property located at 115 NW 10th Avenue, Boynton Beach, Florida 33435. Mendel Westberry, MAI, Review Appraiser, on behalf of the Boynton Beach Community Redevelopment Agency, has established the amount of just compensation for your property at $100,000. This amount is based on the fair market value established by an appraisal and approved by a review appraiser. The Boynton Beach Community Redevelopment Agency proposes to purchase your property for the established fair market value stated above. Attached you will find a Summaw Statement of Basis for the Determination of 3ust Compensation. If you have any questions about this matter, please do not hesitate to call me at (954) 522- 6226, ext. 177 or our toll free number (888) 522-6226, ext. 177. ] look forward to hearing from you soon. Sincerely, Accompanying Attachments · Establishment of 3ust Compensation THE URBAN GROUP, INC. (~,-entsCer,.~ynton Bea ch CRA BarW Lazarus Project Manager Summary Statement of Offer of 3ust Compensation7232 Real Estate Agency Disclosure BOYNTON BEACH CObII~UNITY REDEVELOPNIENT AGENCY ESTABL]:SHMENT OF 3UST COMPENSATZON PROPER TY L OCA TED A T 1000 North Seacrest Boulevard Boynton Beach, Florida, 33435 PROJECT NAI~IE: HEART OF BOYNTON PARCEL NO.: 116 An appraisal prepared and submitted by D. Craig Keneipp, indicates the fair market value for the prc~perty identified above to be $ 100,O00. A review of this appraisal has been made by Mendel, R. Westberry, MAI, the review appraiser, who has approved the fair market value established by the appraisal. Based on a review of the appraisal documents, and the review appraiser's approval of the appraisal documents and the estimate of fair market value established by the appraisal, Mendel R. Westberry, MA~, on behalf of the Boynton Beach Community Redevelopment Agency, hereby established the just compensation for the property identified above to be $ :!.00,000. 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 Delivered By Date I~'~eipt Acknowledged By BOYNTON BEACH Date COMMUN][TY REDEVELOPMENT AGENCY SUMMARY STATEMENT OF OFFER OF 3UST COMPENSATZON Jesus House of Worship, Inc. PRO3ECT NAME: HEART OF BOYNTON c/o Pastor Eddie Evens PARCEL NO.: 116 112 NW 5~ Avenue Boynton Beach, Florida 33435 Dear Mr. Evens: 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 desc-ribed in the legal description attached in "Exhibit A" is owned by you. The interest being acquired in your property is a Fee Simple Zn addition, the following list will identify the buildings, structures, fixture§, and other which are considered to be part of the real properb/acquired, if any: One 1,386 approx, square feet CBS building currently used as a church. The CRA does not normally acquire personal property such as furniture and furnishings, clothing, and other similar items of perso, effects or small unattached appliances in conjunction with redevelopment projects. However, if circumstances are such that th,_ becomes necessary, the following list will identify those items of personal property being acquired. DI/A You are further advised that the Agency's offer of just compensation for the property required for the Heart of Boynton project is based on the Fair Market Value of the property and that the CPA's offer to you is not less than the approved appraised value of the properly. The following represents a summary of the Boynton Beach CRA's offer to you and the basis therefore: Land & Improvements $ 100.000.00 Real Estate Damages $ N/A Total $ 100.000.00 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. Tf the representative is not readily available, please contact: The Urban Group, THC., 1424 South Andrews Avenue, Suite 200, Folt Lauderdale, FL 33316 (888) 522~6226, ext. :L77 or :LlO. Sincerely, THE URBAN GROUP~ INC. n Beach CRA Project Manager Receipt Acknowledged By Date BOYNTON BEACH COMMUNITY' REDEVELOPMENT AGENCY NO BROKERAGE RELAT~ONSHi'P DISCLOSURE FLORIDA LAW REQUI'RES THAT REAL ESTATE LICENSEES PROVfDE TH]'S NOTI'CE TO POTENTfAL SELLERS AND BUYERS OF REAL ESTATE. You should not assume that any real estate broker or salesperson represents you unless you agree to engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any information you want to be held in confidence until you decide on representation, NO BROKERAGE RELATIONSHIP NOT]'CE FLORIDA LAW REQU'rRES THAT REAL ESTATE L'rCENSEES WHO HAVE NO BROKERAGE RELATI'ONSH]'p WITH A POTENT?AL SELLER OR BUYER DISCLOSE THE]*R DUTZES TO SELLERS AND BUYERS. As a real estate licensee who has no brokerage relationship with you, THE URBAN GROUP IN(::, and its associates owe to you the following duties: 1. Dealing honestly and fairly; 2, Disclosing all known facts that materially affect the value of residential real property which are not readily observable to the buyer. 3. Accounting for all funds entrusted to the licensee. Date Signature 7235 ~ 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 NOTICE OF ELIGIBILITY NONRESIDENTIAL/SIGNS 3esus House of Worship, Inc. c/o Pastor Eddie Evens il2 NW 5~ Avenue Boynton Beach, Florida 33435 PROJECT NAME: PARCEL NO.: HEART OF BOYNTON 116.001o Dear Property Owner: 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 p~operty being acquired, this notice is provided to advise you of your eligibility for services and payments under the Relocation Assistance program. Ail displaced persons are eligible for advisory services from the CRA to assist in their relocation. Depending on the acquisition of the real property owned or occupied by you or your business you may receive additional benefits. It has been determined that your business will need to relocate from the properly to be acquired. You are eligible to receN~ reimbursement for the actual, reasonable, and necessary costs to move your business to a replacement site. In addition to the reimbursement for the actual, reasonable, and necessary costs to move your business to a replacement site, your small business may be eligible to receive a payment, not exceed $:L0,000, for expenses actually incurred in reestablishing such small business at a replacement site. It is the sincere desire of the CRA to assist you in your relocation. Your Relocation Specialist will be available to answer any questions you might have regarding your move and to discuss various move cost reimbursement options with you. He or she will also assist you at any time in completing the required forms and gathering the required information. NOTE: This letter should 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: 1424 South Andrews Avenue. Suite 200. Fort Lauderdale. Florida 33316. ~ceipt Acknowled~J ~ Sincerely, THE URBAN GROUP, INC, ~g_~.A en~.~o~ Beach,_ ~RA Project Manage~, Relocation Services Date (2) BBCRA-R-07 TUG 06/04 Original to PropeCcy Owner/Tenant : 7236 - Copy to CRA Office BOYNTON BEACH COMI~IUNZTY REDEVELOPMENT AGENCY Jesus House of Worship, ]:nc. c/o Pastor Eddie Evens 112 NW 5tP Avenue Boynton Beach, Florida 33435 Dear Pastor Evens: Date: Auaust 27, 2004 In reply refer to: Project Description: Relocation Parcel No,: Initiation of Negotiations: 90-DAY LETrER OF ASSURANCE Heart 9f Boynton 116.0010 Auoust 27,2004 As you are aware, the Boyntoq Beach CommunEy Redevelopment Agency (CRA) is in the process of acquiring real estate for the above-refarenced project in your area. It has been determined that you, Your. family', your business or farm operation, or Personal property you may own will need to be relocated from this real property which is needed for the commun!ty redevelopment effort. To ensure that you receive adequate time to relocate, the Boynton Beach Community Redevelopment Agency hereby assures that you will not be required to move from the subject property before at least ninety (90) days have elapsed from the date of receipt of this letter. This assurance applies to you, your family, your business or farm operation, or personal property you may own. Further, you will be given a written not/ce which will specify the actual date by which the properly must be vacated and surrendered to the Boynton Beach Community Redevelopment Agency. You will receive this latter notice at least thirty (30) days prior to the date specified· It is the sincere desire of the Boynton Beach Community Redevelopment Agency to assist you in your relocation necessitated by this acquisition and to answer any questions you may have. Should you desire further information, our Relocation Assistance Office rs located at: 1424 South Andrews Avenue, Suite 200, Fort Lauderdale, Florida 33316. RECEIPT ACKNOWLEDGED; (1) Original Owner/Tenant (2) Copy to File Sincere/y, · THE URBAN GRoUp,, [NC. ~g~ts-for-Bo~,~ Beach CRA D~ '~ ~' "' Project Manager, Relocation So,ices TUG 06/O4 = 72~7 BOYNTON BEACH COMMUNZTYREDEVELOPMENTAGENCY Years of ~ November 30, 2004 Douglas Hutchinson, Director Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue, Suite 103 Boynton Beach, Florida 33435 Subject: Heart of Boynton, Parcel 116 Relocation Entitlements Dear Mr. Hutchinson: Listed below are estimated relocation costs for Jesus House of Worship, Inc. Jesus House of Worshi~ Inc. 1000 N. Seacrest Boulevard parcel 116, The owner of a non-profit business is eligible for reimbursement of move costs, moving related expenses, search expenses, and reestablishment expenses. Move costs: The property owner owns movable personal property in the church. Estimated reimbursement of expenses: $8,000. Moving related expenses: miscellaneous expenses, incidental to the move, i.e. Replacement of stationery, business cards, pamphlets, etc. Estimated reimbursement of expenses: $3,000. 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 116.001o: $22,000, ?238- . de · Suite 200 · Fort Lauderdale, Florida 33316 · FAX 954-522-6422 · www.theurbangroup.com Douglas Hutchinson, Director Boynton Beach CRA Parcel 116.0010 Page 2 Notices of Eligibility and 90-day L,etters of Assurance were delivered to the property owner, Jesus House of Worship, Inc. The 90-day letter will expire on November 25, 2004 for the property owner. No relocation claims have been submitted to date. Claims for reimbursement of expenses will be paid after the eligible expenses have been incurred. Sincerely, ~/~¢~Diane Mason Project Manager, Relocation Services The Urban Group, Inc. - -723~ BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into Meetin~ Dates Turned ~ ~ [] January 13, 2004 December 30, 2003 (Noon.) [] July 13, 2004 June 29, 2004 (Noon) [] February 10, 2004 Sanuary 27, 2004 (Noon) [] August 10, 2004 July 27, 2004 (Noon) [] March 9, 2004 February 24, 2004 (Noon) [] September 14, 2004 August 31, 2004 (Noon) [] April 13, 2004 March 30, 2004 (Noon) [] October 12, 2004 September 28, 2004 (Noon) [] May 11, 2004 April 27, 2004 (Noon) [] Novembex 9, 2004 October 26, 2004 (N~on) [] June 8, 2004 May 25, 2004 (Noon) · Dec~mber 14, 20~4 No~emb~ 30, 200~ (Noon) NATURE OF · Consent Agenda [] Old Business [] Legal- AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: 11/30/2004 SUBJECT SUMMARY PARAGRAPH: Attached is the contract for Lewis, Longman & Walker, PA, new counsel for the CRA. Staff has reviewed the contract and professional fees for services render section and the fee schedule is in line with the RFQ received. The fiat fee of $1,000 for CRA regular and special meetings, has been included at the CRA Board request. RECOMMENDATION: Staff is recommending the approval of the contract. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) This contract is in response to the CRA Board's request for new counsel. FISCAL IMPACT: The CRA has budgeted $175,000 for legal services. ALTERNATIVES: None ~ ~Hutchinaon, CRA Director 7240 Susan Shares L:~contracts~CRA Agenda Item Request for ken spillas contract.doc ATTORNEY-CLIENT FEE CONTRACT The Parties, Lewis, Longman & Walker, P.A. ("Counsel") and the Boynton Beach Community Redevelopment Agency ("Client"), hereby enter into this written fee contract (the "Agreement"). 1. ~ of Services. Counsel shall serve as general legal counsel and will provide legal advice and representation to the Client. 2. 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 undersigned 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. 3. Professional Fees. The Client understands and agrees that charges for professional services rendered will be by the hour at the prevailing rates for time spent on Client's matters by the law firm's legal personnel. The current hourly rates for legal personnel (and other billing rates) are set forth on the attached Attachment "1" 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 Client's matter will confer among themselves about the matter, 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 Kenneth G. Spillias is the responsible attorney for this matter and his houdy billing rate is $225.00 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. Notwithstanding the rates set forth above, Counsel shall charge the Client a flat fee of $1,000.00 for attendance at regular and special meetings of the CRA Board of Directors in lieu of the hourly rates charged for other services. This agreed upon flat fee shall be the maximum fee charged for attendance at such public meetings irrespective of the number of legal professionals who attend any such meetings. The hourly rate and the per meeting flat fee set forth herein shall be reviewed on an annual basis coinciding with the Client's annual budget review and adoption process. Any changes or modifications to the hourly or flat fee rates shall be by. mutual agreement. 4. COSTS AND OTHER CHARGES. Counsel shall charge for costs and expenses incurred on Client's behalf fQr this representation. Attachment "2" sets forth the most commonly incurred costs and expenses. Counsel may advance these costs and seek reimbursement in its billings or may at its discretion require the Client to deposit these costs with counsel before the costs are incurred. Notwithstanding the item regarding cost of travel set forth in Attachment "2", no mileage costs shall be charged to the Client for travel to and from Client's offices or to public meetings of the Board. 5. BILLING STATEMENTS. Periodic statements will be sent for fees and costs incurred. Each statement will be due within 30 days of its date. 6. LIEN. 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 ~o any recovery the Client may obtain, whether by arbitration award, judgment, settlement or otherwise. 7. LITIGATION MATTERS. The court will sometimes order the Client's adversary to pay part or all of Client's fees and out-of-pocket expenses expended on Client's behalf in the matter at the trial and/or appellate level. Because fees and cost awards are totally unpredictable, court orders must be considered to be merely "on account" and Client remains liable for payment of the total fees and costs. Amounts received pursuant to a court order will be credited to Client's account. Any court award of fees or costs does not set or limit Counsel's fees, nor Client's liability to Counsel for fees and costs in any way. 8. DISCHARGE AND WITHDRAWAL. Either party may terminate this Agreement, with or without cause, upon 30 days written notice to the other party. At the conclusion of all services upon termination, all unpaid fees and charges will immediately become due and payable to Counsel. Upon the conclusion of such services, Counsel will, upon Client's request, deliver any files (excluding attorney notes or work product that do not constitute public records), original documents, funds or property of the Client in Counsel's possession. 9. CONFLICT OF INTEREST. Client acknowledges that Counsel 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 deems 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 by Counsel or any of its representatives will be construed as a premise or guarantee:about _the outcome:of any litigation or other matter for which legal representation is provided: byC. oudsel. 7242 11 EFFECTIVE DATE. This Agreement will take effect upon lis adoption and ratification by the Board of Directors of the CRA and its execution by its Chairmen. Notwithstanding the effective date of this Agreement, services by Counsel provided to the Client after Counsel's selection as Client's legal representative at the CRA meeting of November 9, 2004, shall be paid at the hourly rate set forth on Attachment "1" hereto. The signatures of the parties below constitute the authority to bind, and do bind, Client and Counsel to the terms of this Agreement. Lewis, Longman & Walk-er, P.A. (Counsel) Date: By:. Boynton Beach Community Redevelopment Agency (Client) Date: By:. 7243 ATTACHMENT 1 Rates Rates Eric B. Ash William G. Capko Michelle Diffenderfer Robert P. Diffenderfer Kenneth W. Dodge Brenna M. Dm:den Wayne E. Flowers John W. Forehand Kevin S. Hennessy R. Steven Lewis Terry E. Lewis James W. Linn Anne E. Longman David E. Ramba Kenneth G. Spillias Edwin A. Steinmeyer Stephen A. Walker William O. Birchfield Waiter E. Forehand John J. Fumero $190 225 195 225 200 205 205 · 200 225 225 240 225 240 195 225 200 240 210 195 210 K_r/stin K. Bennett Erin Deady Amy M. Dukes Roslynn M. Ferguson Melissa Gross-Arnold Brace B. Humphrey Erica Livingston M. Christopher Lyon Maggie D. Mooney Glenn E. Thomas $185 165 170 165 170 I80 145 165 165 165 Law Clerk Rates Julie Jennison $115 Anna Small 85 Non-Attorney Lobbyist Rates Jennifer Guy $70 Paralegals Rates Beth Bloom $80 Kimberly Lippman 95 Francine Shay 100 Melissa Washington 90 Angela Wylie 100 I:Wirm Templates~Kate Schedules 2004~2004 lkate Schedule 7odoc 7254 Typical Charges Cost/Expense 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: Actual telephone charge + $1.25/page. Incoming: No charge Photocopying Inside copies: $0.20/page Secretarial Overtime Telephone Charges Outside services: Actual amount invoiced to finn. No charge Actual long distance and cellular charges + proportionate share of base subscriptions. Temporary Help Actual amount invoiced to the firm. Travel-Local/Surface Reasonable mileage or actual rental charges. Travel-Out-of-Town Intrastate: Actual common carrier charges for coach. Interstate: Actual common carder charges for business class. "/i~i'~/~;~;~;~": ..............'~;¥'~'~'""'""~;i~ ;'~'~'~'""'""~';'~';i(~"'"'"'~'~'~"" available, reasonable business related meal expenses. Word Processing No charge Other Expenses Actual cost invoiced to the firm. In selected cases, these items may be directly invoiced from vendor to client. 7245 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date FinaI Materials Must be Requested CRA Date Final Materials Must be Turned into Meettn~ Dates Turned ~ CRA Office into CRA Office [] January 13, 2004 December 30, 2003 (Noon.) [] July 13, 2004 June 29, 2004 (Noon) [] February l 0, 2004 January 27, 2004 (Noon) [] August 10, 2004 July 27, 2004 (Noon) [] March 9, 2004 February 24, 2004 (Noon) [] September 14, 2004 August 31, 2004 (Noon) [] April 13, 2004 March 30, 2004 (Noon) [] October 12, 2004 September 28, 2004 (Noon) [] May 1 i, 2004 April 27, 2004 (Noon) [] November 9, 2004 October 26, 2004 (Noon) [] June 8, 2004 May 25, 2004 (Noon) · December 14, 2004 November 30, 2004 (Noon) NATURE OF · Consent Agenda [] Old Business [] Legal- AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: 11/30/2004 SUBJECT SUMMARY PARAGRAPH: Staff has attached a reimbursement request by Kurt Bressner for the trip the CRA and City Staff took on October 31, 2004 to Memphis Tennessee with regards to the Arches Project. RECOMMENDATION: Staff is recommending the payment of the reimbursement request by Kurt Bressner totaling $1,967.98. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) On October 31,2004 CRA and City Staff flew to Memphis Tennessee to work the owners and developer of Arches Project. FISCAL IMPACT: The Fiscal impact is $1,967.98, which is udgeted m the Bus ness Meet ng me tern. ALTERNATIVES: The alternative is to not pay the bill~ ' - CP~ S-ta-ff x./ --~utchln~on, CRA Director 72~6 C:kSusan_shared fileskmemos\CKA Agenda Item Request forre/mbursement memphos.doc Memorandum TO: Doug Hutchinson CRA Director FROM: DATE: Ku~ B~ssner City Manager November16,2004 SUBJECT: Reimbursement for Trip to Memphis Attached is a breakdown and receipts for expenses for the trip to Memphis. Please' have check made out for $1,497.12 to the City of Boynton Beach and forward to my attention. The other twO checks should be made out to Michael Rumpf $219.34 and Dick Hudson $251152 and forwarded directly to them. Any questions please contact Joyce Costello at 742-6013. Thank you. Attachments 724? Trip to Memphis - CRA to Reimburse City Original Airline reservation - 1,112.80 Total due City cancelled due to hurricane - BressnedHutchinson Credit for cancellation (635.40) (Hutchinson never billed) Amount due to C ty for Bressner- Hutchinson Cancellation 477.40 Redo of Airline for Bressner- Liver~lood with credit and discount 141.40 Hotel for Bressner & Livergood One night each $92.76 ea 185.52 Airline Reservation for Hudson 8, _ Rumpf 692.80 All of above paid by City Manager .1497.12 Hotel & Expenses for Mike Rumpf Hotel & Expenses for Dick Hudson Please reimburee each employee 219.34I 251.52 / Memphis Reimbursement 7248 CITY OF BOYNTON BEACH, FLORIDA TRAVEL EXPENSE FORM Date Submitted Employee Name Department Travel Dates Meeting Description Travel Destination Departure Time Return Time 3-Nov-04 ,Michael W, Rumpf Development/Planning and Zoning October 10 to October 12, 2004 Working meeting with LRK Arch for "The Arches" proiecf Memphis, TN 6:25 PM 11:50 PM Expenses. Receipts must be attached for all expenses except for meals Dates of Travel Sunday Monday Tuesday Wednesday Thursday Friday Saturday Total Hotel $ 92.76 $ 92.76 $ 185.52 Breakfast $ 7.40 $ Lunch Dinner $ 11.42 $ 11.42 $ Ground Fare $ Parking Fee $ 5.00 $ 5.00 $ 5.00 $ Toils $ Fuel $ Registration Fee Plane Fare Rental Car $ Books/Publications $ Mileage Beginning of Ending of Trip Trip $ 219.34 Mileage Breakdown Total J Total Expense~ Beginning mileage Ending mileage Expense Recap Total Expenses Less payments made by direc payment or City credit carc directly to vendo~ Less amount paid in advance _ to employee Balancedue $ 219'34 Acc°unt# I ~ J J J If balance due amount I$ In p~rantheele e employee owea the Ity money - attech check to this form; If the balance due amount does not have parantheela the City owna the employee money - this form must be in Finance by Tuesday at 5pm for check to be issued the following Friday Signatures Traveler Department Head or Designee =inance Director or Designee 219.34 Miller Lite Victory Lane Hartsf ield-dacKson ~nternationa] All'po'~ - ['OllCOl~'$e ~ 3~1 DAN C Chk 1147 Octi2'04 08:5~o~ ~st 1 T ak e.~ Out ~ Che' Saiao 7,40 ~'asl- 10.00 Tax 0.52 P~,menz 7,92 'n~nge [Jue 2,08 ............ 3001 Check Closeo ............... ......... 0c~12'04 08:52PM--- ..... tllaRk YOU' for vJsl['ll'Jg lis and Please come agalr-~ ORDE~ ~ '147 7250 SELECT' MICHAEL R~PF, 188 E BOYNTON BEACH BLV[) BOYNTON BE FL FoUo# Room Rate Account Page t X 1818 1~t8881 iDJH 1011888 ~DJN DISC(X;NI RDO~ 88.885 S~.ES T~ 7. CITY BED TAX 5.365 DISCDUNT R~M 88.~$ S~S TAX CI~ ~D TAX SELECT ~S ~********a*lt54 0885 CARO MEMSSR NAME 7251 Holidal, Inn Select )leephi~o~ Me~phis~ TN 38183 88.885 ,~t 98.765 .885 178,765 .88t 188.165 .~$ !85,58~ -185.585 · 085 DATE OF CHARGE 18118/84 185724 PURCHASES & SERVICES OTAL AMOUNT 185.5~; 185,5~ Date Submitted Employee Name Department Travel Dates Meeting Description Travel Destination Departure Time Return Time CITY OF BOYNTON BEACH, FLORIDA TRAVEL EXPENSE FORM 3~Nov-04 Orran (Dick) Hudson Development/Planning and Zoning October 10 to October 12, 2004 Working meeting with LRK Arch for 'q'he Arches" project Memphis 6:25 PM 11:50 PM Expenses - Receipts must be attached for all expenses except for meals Dates of Travel Sunday Monday Hotel $ 92.76 $ 92.76 Breakfasl Lunch Dinner Registration Fee Tuesday Grouted Fare $ ' 30.00 $ 12.00 Parking Fee Toils Fuel Plane Fare Rental Cat Books/Publications Mileage $ 24.00 Wednesday Mileage Breakdown Beginning Ending of Total Tdp Trip Mileage Beginning mileage Ending mileage Thu~day Friday Saturday Total Expenses Total $ 185.5; $ ~ $ $ $ $ 42.0( 24.0( 251.52 Expense Recap Total $ 251.52 Less payments made payment or City credit card directl am, to employee Balance due $ 251.52 I' balance due amount Is in he balance due amount does not have paranthesls the City owns the employee money - this form must be q Finance by Tuesday at 5pm for check to be Issued the following Friday Traveler ~epadment Head or Designee inance Director or Designee 7252 Palm Beach Ince~nat onal Ai~oo~c USA PARKING 3 Fee Computer MYRLAINE ID $33 Cashier: TFansaction Number: 250 Entered: I0/10/04 16:33 Exited: 10/12/04 18:28 Ticket $43737 Dispenser LONG TERM Rate: Parking Fee: ~1~24.00 Total Fee: $2.4.00 gash: $40.00 Change: $16.00 Above amount includes the follouin9 tax(es): FL SALES TAX 6.00N $1.36 Thank You foK choosing PB1A No Reft,mas Aft:er' 14 Days ~nformatiom 581,471.7459 oK uwu.pbie.oKg ,~ Come ~- Adult Downtown Back To Akoort Soon · Passenaer Receit~t town Air ort Shuttle Downt,o.w. Airport Shuttle Dow~n~.. mn4~ ff~2 1677 Cell. (9ql) 522;~677 ..... w::{r~;~t com ~.ma~,ranslccom _ ~.ma~ · ~ "~ m-funds :~ No Refunds ~ ~u ~o · METRO CAB CO 2240 Deadrick A~enue ~ Memphis, TN $8~14 (901) 323-3333 Safe, Dependable, Courteous Service Make Satisfied Customers Charge to: Cab No. Time: Where Ordered: Where Dismissed No. Pass Driver Amount Ex~a C~ge To~ Authorized By: Da~e :7253 CITY OF ~OYI~T~ ~ License It -'~" 8 ELECT" 160 Union Ave, Memphis, T'N 3810,3 1818 I 114. CITY ~I) 'l'~x ,M ,Mi ~.?~ ~71.76 185.~ _, J . I j lnter~onunenm~ iio~els L~roup [ 1' our Keservauon connnnauon Page 1 of 2 www.ho[i~eyojnn .corn Links View Reservations [~B~licate This Reservation Make Another Reservation Other Travel Resources Special Offerl Save p to $20 and Get Double Priority Club Points. Reserve today! r, ecr Kinkds. Tired of lu<~ain(3 your oresentations throu<3h the airoort? You can now have finished materials waitino for yg~ at the hotel you lust booked. Featured Offer Sigrl UD for email offers from Holiday Inn Select and be first to know about 0~r crest deals. Reservation Desk ~,~:~ Confirmation Hom{ Seiect Select Guest PreferenceS- I Hotel I RoomRata I [nformatior) [ Ocr Need a rental car? Special Hertz offer for Holiday inn customers, Reserve Today! Your Confirmation Number is 65184293 You could earn 1,600 points, or more, for this stay towards afl night. Please sian me up for Priodty Club using the information from reservation. Guest Information MICHAEL RUMPF 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 United States 5617426010 coetelloj~ci.boynto n-beach.fl, us Hotel Information MEMPHIS-DOWNTOWN t'BEALE STI Mao/Dri 160 UNION AVE MEMPHIS, TN 38103 M~ke Anoth UNITED STATES LOCAL PHONE: 1-901-5255491 RESERVATIONS: Check-in Date: Sun t 0 Oct 2004 Check-Out Date: Tue 12 Oct 2004 Driving Directions: 1-40, EXIT 3RD ST OR 1-240, EXIT UNION AVE. 1-55, TO RIVERSIDE DR. EAST AVE. 3 BLKS. Room and Rate Information Rate Type: Rate: Rate Description: Car Parking Available: Rate Rutee: ~ 7255 Government Rate $80,00 (USD) per thom, per night CONVERT CURRENCY Government ID card must be presented at check in. W proper ID discount cannot be given. Government trave stay in room, Only one room per government ldent~ca reserved, 15.95% per night not Included In rate effective 10 October, 2 October, 2004 $10.00 (USD) iD Required l~ttps ://secure.ichotelsgroup.com/h/d/hU1/en/rcc?secure-t~ue 9/29/2004 01' 2. Costello, Joyce From~ Sent: To: reservations@ichotelsgroup.com Wednesday, September 29, 2004 12:2~PM costelloj@cL boynton -beach. fi. us Subject: Your Holiday Inn Select Reservation: 65187127 8ELECT' Links Modify/Cancel Reservation Make Another Reservatioq View Account .Other Travel Resources Save Ip to $20 and Get Double Priority Club Points. Reserve todayl Featured Offer Priority 7256 Thank you for choosing Holiday Inn Sele, Here is your reservation information. Reservation Information Your confirmation number le 68187127 Please use your confirmation number to reference your reservation. Name:ORRAN HUDSON Check-In: Sun 10 Oct 2004 at 03:00 PM Check-Out: Tue 12 Oct 2004 at 11:00 AM Hote'~l Info MEMPHIS-DOWNTOWN (BEALE ST) 160 UNION AVE MEMPHIS, TN 38103 UNITED STATES 1-901-5255491 View/Modify/Can Make Ano Driving Directions: 1-40, EXIT 3RD ST OR N240, EXIT UNION AVE. 1-55, TO RIVERSIDE DR. I UNION AVE. 3 BLKS. Room/Rate Information Type: Rate: Tax: Government Rate 80.00 USD *, per night plus tax**, per morn 15.95% per night not included in rate effective I 2004 thru 12 October, 2004 $10.00 (USD) 1 KING BED CITY VIEW NONSMOKING - 3 PE 1 KING BED TOP FLOORS CITY VIEW WORK WITH ERGONOMIC CHAIR FREE LOCAL PH( DATAPORTS IRON AND BOARD HAIR DRYEI COFFEEMAKER CABLE TV NINTENDO LODG MOVIESMAHOGONY DECOR Non-Smoking 2 1 1 Adult(s), 0 Child(mn) Parking Information: Room: Smoking Preference: Number of Nights: Number of Rooms: Person(s): Rules & Restrictions - Check-in Time: 03:00 PM - Check-out Time: 11:00 AM - Canceling your reservation after 6:00 PM 0ocal hotel time) on 10 October, 2 to ~how, will result in a charge, equ~to the first night's stay per room to your ~Taxea may apply. Failing to call or show before check-out time after the first r reseivatton will-result in cancellation of theremalnder of your reservation. - Only the reservation as entered into and confirmed by our system will be ho 9/29/2004 Page 1 of 3 Reservations & Schedules Thank you for selecting AirTran Airways. Please print this page. If you cannot print this page, be sure to write y information down and doublecheck it. We will also send you an emaJl message containing your itinerary. Confirmation Booking date: Confirmation number: Status: Please print this page. 29 September 2004 EFM2DC CONFIRMED - Should our flight schedule change, we will notify you by email as eady as possible. ~ifl you need a rental car when you reach your destination? Follow this link and receive the AirTran Airways discount on Hertz rental cars. Looking for a place to stay once you get thera? Visit our partner site for hotel availability and reservatiohs for your destination during your travel dates. ADDIV todav for the new AirTran Airways A-Plus Visa and earn FREE travell Departing Flight From West Palm Beach, FL (PSI) to Memphis, TN (MEM) - Coach Sunday, 10 Oct 04 Flight 234 Depart West Palm Beach, FL (PBI) at 6:25 pm and arrive in Atlanta, GA (ATL) at 8:10 pm Sunday, 10 Oct 04 Flight 523 Depart Atlanta, GA (ATL) at 8:50 pm and arrive in Memphis, TN (MEM) at 9:07 pm Note: Passengers traveling to Grand Bahama Island are required to present proof of cfflzenshlp at time of check-in. For more information, please call our reservation canter. Returning Flight From Memphis, TN (MEM) to West Palm Beach, FL (PBI) - Coach Tuesday, 12 Oct 04 Flight 528 Depart Memphis, TN (MEM) at 5:50 pm and arrive in Atlanta, GA (ATL) at 8:08 pm Tuesday, 12 Oct 04 Flight 235 Depart Atlanta, GA (ATL) at 9~:05 pm and arrive in West Palm Beach, FL (PSI) at ~J0:43 pm Contact Information MICHAEL RUMPF 100 E. BOYNTON BEACH BLVD Passenger information 2 Pa~sen-gers: 7257 1: MICHAEL RUMPF https://tickets.airtran.com/skylights/cgi-birdskylights.cgi 9/29/2004 rage BOYNTON BEACH FL 33435 UNITED STATES costelloj@ci, boynton-beach, fi. us 5619650647 (Tel) 2: ORRAN HUDSON Pricing Total for 2 Passengers Fare price $ 580.46 Taxes $ 112.34 Total price $ 692.80 Payment Payment via Credit Card Form of payment Visa Payment Status CONFIRMED Cardholder name Kurt Bressner Card Number xxxxxxxxxxxx9839 Payment amount $692~80 Seats Departing West Palm Beach, FL (PBI) to Atlanta, GA (ATL) MICHAEL RUMPF OEP, AN HUDSON Atlanta, GA (ATL) to Memphis, TN (MEM) MICHAEL RUMPF ORRAN HUDSON Seat 14C Seat 14D Seat 17C Seat 17D Flight 234 Flight 523 Terms and Conditions 'Coach' Fare Restrictions: - 'L class of service Coach Class Fare Non-refundable - Changes may be made for a fee of $50 plus any increase in applicable fare - This fare does not offer advance seat assignment. You may select your seats upon check-in for your flight, 'Coach' Fare Restrictions: M class of service Coach Class Fare - Non-refundable - Changes may be made for a fee of $50 plus any increase in applicable fare - This fare offers advance seat assignment. After completing your reservation, click on the 'Reserve Seats' button on the Receipt page to select your seats. Conditions of Contract: All AtrTran Airways coach tickets are non-refundable, and a $50 fee per person applies to any change made after purchase plus any applicable increase in airfare. Business class tickets (A and J fare classes only; not including promotional fares) are fulry refundable and no fee applies to changes. Cancellations must be made at least one hour prior to departure or customer forfeits reservation and any monies paid against the reservation. This reservation is:'_non-transferable, nO name changes allowed. All airports now require passenger~7~o$§resent a boarding pass in order to proceed through security to the https ://tickets .airtran.c om/skylights/tgi-bin/skylights .cgi 9/29/2004 gates. Most passengers with an electronic ticket for a domestic flight may use our Online Flight Check-In ~ervice from 24 hours to 90 minutes before the flight's scheduled departure to obtain their boarding pass and seat assignment. Destination Be sure to return to our Web site, where you can fincl valuable information about West Palm Beach and Memphis. [ resewafions J find itinerary [ fllr~ht check-in I flight status [ members I coroorsta accounts J travel [travel policies [ pdvacy Dolicv I site maD ! home ] Talk to AIrTran Airwave. ernall ua your comments For Reservations, call your travel agent or 1-800-AIRTRAN (1-800-247-8726), in the Atlanta area, pleaae call 770-994-82 www.airtrsn.com. ©2000 - 2004 Navltaire, ©2004 AIrTran Airways 7259 https://tickets.airtran.com/skylights/cgi-bin/skylights.cgi 9/29/2004 SELBCT* 180 Union Ave. Memphis, TN 3t[1103 901/52S-54g! lJll I 114' lll]llt I 1811 I 18111 m~MI.m S E L.~:CT' BDYNTON-BE~CH FL 0~1~ IN BY: SUE 16:57 oEr~,ED ~ BY: 3Y252~ Auto I~ke License # Rapid Check-OutsM SIGNATURE '1011 i811 1811 11 12 1811~ I 1811881 I 1811~88 I DI~HTtROOM *m*TOT~L*H SEL I 8~ t ),N 8&l~ I 7.~ I: -~ ,~ 87,4~ I 5.36 ,~ 98.76 _-CT~ ESTABLISHMENT NO. & LOCATION .~ 7261 $ 98. 76 kTE OF CHARGE ~RCHASES & SERVICES FOLIO NO./CHECK NO. Reserval O HEUo m~mbsm tirol Itlnem~ fl&ght ~le~s Thank you for Selecting AirTran Airways. Please print this page. If you cannot print this page, information down and doublecheck it. We will also send you an email message containing Please print this page. Confirmation Booking date: 22 September 2004 ..x~-x/ Confirmation number: WHGZDI Status: CONFIRMED Should our flight schedule change, ' email as early as possible. Will you 'need a rental car when you reach your destination? Follow this link and receive the AirTran Airways discount on Hertz rental cars. Looking for stay once there? get for during dates. AODIv today for the new AirTran Airways A-Plus Visa and earn FREE travell . Departing Flight From West Palm Beach, FL (PBI) to M Sunday, 26 Sep 04 Flight Sunday, 26 Sep 04 F Note: Passengers traveling (MEM) - J~ Depart West Palm Beach, FL (PBI) at 6:37 pm and arrive in Atlanta, GA (ATL) at 8:22 pm Depart Atlanta, GA (ATL) at 9:00 pm and arrive in Memphis, TN (MEM) at 9:17 pm Island are required to present proof of citizenship at time of check-In. For more Returning Flight From Memphis, Tuesday, 28 S~ Tuesday, 2 04 to West Palm Beach, FL (PBI) - Coach Flight 528 Depart Memphis, TN (MEM) at 5:57 pm and arrive in Atlanta, GA (ATL) at 8:15 pm Flight 235 Depart Atlanta, GA (ATL) at 9:10 pm and arrive in West Palm Beach, FL (PB0 at 10:48 pm Passenger Information ,,0,ET 7262 2 Passe~lgersi ~ BREssNER BRESSNER : ' ' -1:' KURT . BOYNTON BEACH BLVD ' . ht~ps://tickets airtran.c om/$kylights/cgi-birdskylights .cgi 9/22/2004 BOYNTON BEACH FL 33435 UNITED STATES costelloj@ci.boynton-beach.fl.us 5614362326 (Tel) 56174260 t 0 (Alt) 5617426011 (Fax) 2: DOUGLAS HUTCHINSON Pricing Total for 2 Passengers Fare price $ 971.16 Taxes $ 141.64 Total price $ 1,112.80 Payment Payment via Credit Card Form of payment Visa Payment Status CONFIRMED Cardholder name Kurt Bressner Card Number x~(xxxx~,xxx9839 Payment amount $1,112.80 Seats Departing West Palm Beach, FL (PBI) to Atlanta, GA (ATL) KURT BRESSNER DOUGLAS HUTCHINSON Atlanta, GA (ATL) to Memphis, TN (MEM) KURT BRESSNER DOUGLAS HUTCHINSON Flight 234 seat 03D Seat 03C Flight 523 Seat 01D Seat 02C · Terms and Conditions 'Biz Class' Fare Restrictions: J Class of service Business Class Fare Fare is refundable - Changes may be made without a fee - This fare offers advance seat assignment· After completing your reservation, click on the 'Reserve Seats' button on the Receipt page to select your seats. - For booking a Business Class fare, you will receive a one-half credit bonus in ourA-PLUS REWARDS frequent traveler program. 'Coach' Fare Restrictions: - M class of service Coach Class Fare Non-refundable Changes may be made for a fee of $50 plus any increase in applicable fare - This fare offers advance seat assignment· After completing your reservation, click on the 'Reserve Seats' button on the Receipt page to select your seats. Conditions of Contract: All AirTran Airways coach tickets are non-refundable, and a $_50 fee per person applies to any change made after purchase plus any applicable increase-in ah'fare. Business class tickets (A and J fare classes only; not including promotional fares) are fully refundable and no fee applie~;~hanges. https ://tickets ,airtran. com/skylights/cgi-bin/skylights.cgi 9/22/2004 Cancellations must be made at least one hour prior to departure or customer forfeits reservation and any monies paid against the reservation. This reservation is non-transferable - no name changes allowed. All airports now require passengers to present a boarding pass in order to proceed through security to the gates. Most passengers with an electronic ticket for a domestic flight may use our Online Flic~ht Check-In service from 24 hours to 90 minutes before t,he.~.ght's sche ~d~dled departure to obtain their boarding pass and seat assignment. Destination Be sure to return to our Web site, where you can find valuable information about West Palm Beach and Memphis, reservatlon[~ I find itinerary I flloht check-Ir1 I flJoht status I members I coroorate sccounl~ I-~avel aqent~ ] travel eolides I orivacv oolicy I home ] Talk to AlrTran Afrwa~,s - emall us your comments For Reservatlona~ ca~l your travel agent or 1-800-AIRTRAN (1-800-247-8726), In the Atlanta area, please call 770-994-82 www.alrtran.corq. , 02000. 2004 NavJtalre, 02004 AIrTran Airways - 7264 https//tickets airtran.corn/skylights/cgi~bin/skylights.cgi 9/22/2004 Bank of America Corporate Purchasing Card Cardholder Activity KUKT BKESSNEK CITY OF BOYNTON BEACH Statement Da~e Credit Limit C.h L/mit Dey~ ~ Bill/n~ i=~(;illn t,/i I'llll~l IT,~H 10-04-04 This Is Not a Bill $5.000 Do Not Pay $0 30 TotaI Aotlvity $1,914,25 CARDHOLDER ACTIVITY Credit Airport Cod~ TPA Charge 170,70 170,70 met S~l~ Account Summary Irate Purchasing Card BankofAmerica, '~ Account No. 4715 2900 0073 Total Activity $1,91 ,,ll,,,Ih,h,Ml,,I,l,,,IhM,,,Ihl,,I,Ih,,ll,,,Ih,,I (~LrRT BRESSNER 2ITY OF BOYNTON BEACH 00 EAST BOYNTON BEACH BLVD. IOYNTON BEACH FL 33435-3838 ~ ?$5~900007~,9c~00000000000000 II:ODDSDDDD ?fiqS:~q," 7265 Bank of America Corporate Purchasing Card Cardholder Activity CITY OF BOI~TON BEACH Card Account Number: 4715 2900 0078 9839 Credit Linat Caga L~mk Days h Bi.rig Cyole 10-o4-04 Th~/~ Not a $$,000 Do Not Pay $0 30 Tota/Activity $1,914.25 Page2of2 ~. CARDHOLDER ACTMTY Tran .Date Rsrer~acs Nfimber ~ M~ ~arge CredR ~0 24~88427804316~01a47 UR~ ~ ~TIT~E 10~24-7~6 DC ~ 43.40 7266 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requeated CRA Mceti~ Dates Turned Meefln~ Dates into CRA Qffi~e [] January 13, 2004 December 30, 2003 (Noon.) [] July 13, 2004 [] February 10, 2004 January 27, 2004 (Noon) [] Augu.~ 10, 2004 [] March 9, 2004 February' 24, 2004 (Noon) [] September 14, 2004 [] April 13, 2004 Mmeh 30, 2004 (Noon) [] October 12, 2004 [] May t 1, 2004 April 27, 2004 (Noon) [] November 9, 2004 [] June 8, 2004 May 25, 2004 (Noon) · Deeeraber 14, 2004 Date Final Materials Must be Turned into CRA Office June 29, 2004 (Noon) July 27, 2004 (Noon) Augost 31, 2004 (Noon) September 28, 2004 (Noon) October 26, 2004 (Noon) November 30, 2004 (Noon) NATURE OF ~ Consent Agenda [] Old Business [] LegaF AGENDA ITEM [] D/rector's Report '~ New Business [] Future Aganda Items [] Other Item DATE: 12/04/2004 SITBJECT SUMMARY PARAGRAPH: Staff is proposing to upgrade the current copier to an IM6530 Digital Copier/Printer/Scan System due to the following reasons; currently, staff spends an average of 18 hours coping our CRA Board Agenda and backup materials each meeting at an average cost of $270 per month ($15 x 18 hours). Additionally, the current copier does not have imerfaco capabilities with our computers nor does it have scanning capabilities, which will be required in order to post our agenda and backup documentation on our web page. Finally, we are exceeding our allotted amount of copies by 1,500 per month at a cost of .0088 per copy. Imagistics is proposing to null and void our current copier cona-act, which does not end until 9/24/2005 at no cost to the CRA. They will provide the new Imagistics Im6350 Digital Copier System on a 48 month lease for $521 per month, which includes all toner and repairs needed during the life of the contract. This copier will allow staffto load the copier with 3600 s/aec{ of paper versus our 500 sheet capacity today, batch jobs and shorten the copy time required now by more than half. The current cost of the existing copier, overage on copies and labor is $628 per month. The new copier will cost $521 month, with no overage copy cost due to the increase in monthly copies by 5,000 and reduce staff time down to 4-6 hours ($15 x 6 hours) bring the total to $602 per month. RECOMMENDATION: Staffis recommending the approval of the new copier and four year contract with Imagistics for the 1M6530 Digital Copier. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The CRA currently copier is obsolete. FISCAL IMPACT: The current copier is costing $4,308.08 per year; the new proposed copier would cost $6,!44 per year creating a difference of $1,873.92 per year. ALTERNATIVES: The alternative is to keep the current copier. CRA Staff 7267 C:~Susan shared files\memos\CRA Agenda Item Request form - new copier.doc Director imagistics City of Boynton Beach Community Redevelopment Agency Copier Upgrade Proposal Current System Analysis: Monthly Rental $ 343.00 Overage Expense (1800 Avg/Mo @ .0088) $ 15.84 Total Current Monthly $ 358.84 · No ne~vork connectivity, so print jobs are created on more expensive per page laser printers · Limited auto feed capacity resulting in increased labor to produce Board Agendas · No scanning capacity · Monthly volume continues to increase, resulting in current equipment being inadequate for the Agency's requirements. Replacement Proposal: Imagletics Im6530 Digital Copier/Printer/Scan System · 65 Copies/Prints/Scans per Minute · 600 X 600 dpl Laser PHnt · Multi Position Stapling Finisher · Standard 2,500 Sheet Main Paper Source · Standard Two (2) 550 Sheet Paper Drawers · Standard 100 Sheet Smart Bypass · PCL6 & Post Script 3 Printing · Includes Full PHnt/Scan Utility Sulta · Includes Job Build and Composer For Large Jobs :' Monthly Rental Includes 20,000 Copies Per Month, With Overages ~ .0059 Each No Charge For Scans. Includes Everything but Paper & Staples Monthly Rental 36 Month Agreement $ 608.00 Monthly Rental 48 Month Agreement $ 521.00,~ Options: Post Sheet Inserter 36 Mo. $ t4.00 48 Mo. $tt.50 4,000 Sheet Cassette 36 Mo. $ 35.00 48 Mo. $28.50 CRA to have no further obligation as regards existing Imaglstlcs rental contract. 7268 imagistics PitneyBo,*,e., ZIP+4 EQUIPMENT MODEL & DESCRIPTION ACCESSORIES Initial Rental Term (months) Frequency ~i~Monthly ~3 Quarterly ~3 Other (specify Initial Check Amount $ # of Months Monthly Amount N~xt $ Next $ Included in your payment: ~Equlpment Maintenance ][f'Oopler Supplies [] Software Maintenance PITNEY BOWES INC. 7269 EXECUTIVE OFFICE: 27 WATERVIEW DR.. SHELTON, CT 06484-4361 · EQUIPMENT VENDOR: IMAGIS~CS INTERNATIONAL INC. TERMS & CONDITIONS 3.~, The Equipment was or will be selected by you lnd supplied by Imagistics Imemallonal I~c. ("V~dor'), not Piracy Bowes ~c. ("PBI"). At yo~ reques~Bl wi~ p~h~e ~e ~pment ~m Vendor ~d rent it to you. PBI ~ NOT AN AGE~ DO~ ~ ~R ~OR NOR ~Y OF ITS ~P~SENTA~S ~ PBI'S provision of this A~reement, this Section shall survive the termination of this Agneement. 9. . ' . As we direct, you shall pay ail charges and taxes (including an c~toma~ fees of ours aisociaied with the administsation, billing and ~racking of such cl~ai~s an taxes) incurred by us which may be imposed or levied upon this A~reem~g documentaiion, th billing or receiving of the Total Paymenis and the sale, purchase, personal properly ovmershil lesiing, value, possession, or u~e of the Equipment, excluding taxes on or mes~red by our ne 4, ~, You will pay each ~nd eveN total payment ("Total Payment"), subject to yow tight o f non-approptiaiion as provided in Section 1. Ail To~l Payments nd other sums due shall be payable to us at o~r executive office, until we direct you other~vise in willing. We may You shall, at your expense, k~ep Ihe F~luipm~.t in good ~pair, condillon, arid I0. ~i~. We may assign this Agreement, or pledge or mor~gngn the Equipment, ir whole or in part without notice to you, and in such event, you agree, upon notice and request by us to pay directly to any assignee all amotmt~ payable hereunder without deduction, off, et, defense o~ counterclalm and that such a~signee shall thereafter have all of our rights and b~nefits (but none o~ our obligations) hereunder. We shall remain responsible for all of our obligations hereunder. Fur- t~er, upon receipt of a request, you shall acknowledge ~ny assignment. You ack~owiedgn thai sssi~ament, or ~ranting of a security interest by us, will neither materially change your duties under this A~eemem, nor increase.your burdens or risks under this Agreement, imagistics MAINTENANCE AGREEMENT CUSTOMER NAME Boynton Beach Community Redevelopment AgenCy ADDRESS 630 E. Ocean Ave, Suite #10~) CITY/STATE/ZIP Boynton Beach. FL 33435 144927 100462505 BILL TO LOCATION # INSTALL LOCATION # DATE SUBMITTED ACD#/ORDER NUMBEr CUS~TOMER NAME SAME ADDRESS CITY/STATEFZIP Susan Vielhauer 561-737-3256 TAX EXEMPT CERT, AI'rCHD POINT OF 8ALE (Requlmo~ FULL SERVICE MAINTENANCE [] SUPPLIES (EXCLUDES PAP_ER & STAPLES) PLAN INCLUDES [] CHEMICAL SUPPLIES & STAPLES(EXCLUDES PAPER) (An option must be selected) BILLING FREQUENCY MAINTENANCE TERM MO.T.,Y [] QU~TEr~TF'--I 4~ DESCRIPTION [] NO SUPPLIES EFFECTIVE DATE EMA P.O. NUMBER LEASE TERM (Mol) LEASE PO NUMBER 48 , the PR]CELIST EMA CHRG Base Unit P.O. EXPIRATION DATE SERIAL # MIN VOL ALLOW ABC, MIN. 20000 .0059 EMA PRICE IS ANNUAL FOR FAX EQUIPMENT, MONTHLY OR QUA~,ERL Y FOR ALL OTHER EQUIPMENT. NOTEa CUSTOMER ACKNOWLEDGEMENT YOU AcrJ~IOWLEDGE RECEIPT OF, AND AGREE TO BE BOUND BY IMAGISTICS ADDITIONAL MAINTENANCE TERMS AND CONDITIONS, INCORPORA TED HEREIN. ANY CHANGES THERETO MUST BE APPROVED IN WRITING BY IMAGISTICS CORPORA TE LEGAL DEPARTMENT OR ~HALL NO T BE BINDING UPON IMA GIBTIC$. IF A DIGITAL DEVISE I$ BEING PROVIDED BUT NOT BEING CONNECTED A T THE TIME AN IMAGISTICS SITE SURVEY IS REQUIRED PRIOR TO CONNECTION IN THE FUTURE. CUSTOMER 81GNATURE DATE PRINT SIGNER NAME PRINT SIGNER TITLE lAME INFORMATION REP~ Regan Beery 1oo% A 447766 ORGANIZATION WRITING BRANCH NAME NATL [] COMM [] Miami Lakes BRANCH MANAGER 81(~NATURE DIRECT REPORT MANAGER Larry Beck Imagistic. Maintenance Agreement. Additional Terms and CondlUon. ~u~lrrpe~bo~ therl am ,r~ change, to your computer net~of'k ar la,twine, any iit~mpts by Ull to remedy 7272 Page of 9908 OEM Print ContrOller for im6530/im$130 O~m~g Sy~tom CPU I-hrd Disk Monitor Embedded Li~ux OS ~ Celeron ~ 566 MI-Iz CPU 20 GB ~zd disk LCD s~ ~ ~ ~d ~n~ol 25~ D~ M~o~ (S~d) N~ork Ca~ I0/I00 B~c T NETWO~ PI~OTOCOL SUPPORT Specification Scoa to File (TIi~F/PDF) Scan to FTP Scan to Em~il Se~n to In.met Fax T.37 (Simple M~da-TIFF) Duplex ~nd Mi~ed Paper Scum Network Auulication N/A - Operat~g Systom V4R1M0 or higher FCLS/PCLS: dam Uak* Solaris Stm (2.5x, 2.6, 7.0, 8.0) HP-UX (10.2, 11.0) AXX (4.3x) Linmx (P.~dha~ 6.2, 7.2x; SuSE 7.0; Ma~clra~k Linux 7.1 ) TCP/IP 10/28/2003 7273 Statement of Work- B&W / Color Black and White & Color Di~ithl Sy~tem~ Netw t~"t a Imaglstics is eager ~ ~ppo~ yo~ o~ v~ued ~om~, h~ ~e p~duc~, people, ~d p~ ~ ~a~ a v~W ofu~ar nee~ ~d a~c~ons wh~a it ~mes to b~ ~d w~te or color ~g ou~ut. B~ause of~nt ~mtomar choos~g a ~po~ p~ ~t i~ H~t for you ~d yo~ Comply. ~ S~d-~one Di~ Copier ~ ~dude: De~ver ~d set ~ l' ;;'t~/coplar ~ ~ p~ph~s. ~he~ colorlon. ~.e. proper Ieve~ve~ion ofp~r ~d peHphe~Is) ·est s~d-done copi~ ~on~i~. For Color Cop/~: ~ibrate color ~ color ~st I ~ ~r~,in!, s~donon.site~ml ' ~eco i~oro Pre-installation site sm v=y and consultation. ISnsd~-et??~nfiinnn'd p~re~-/~nstallation ~°*f har'?v -~' -urn'- ' and' c°nfllrmation ~f system fon¢ficoallty' ' I' n°e~ork~cnF~:~, o~r~uP~.c, ~on_~_.l~. _e_r, !yen fy l .e.vel of fi~. ware n~d so/hvare)onto the/mag/atica system with a r 4.0 Workstation for Cannex n~ per spec) queue installation and s~-up. Imtell printer ddwr on up to four (4) workstations. Add/fional user set-ups may be purchased on a per un/t basis or at current Pleaxe note that for networked set-up, a su~=w~ installation is the abffity to print a standard test page, from the C. Scan Connax w'dl fnclude: All serv/ces es defined w/th network connected (Section B) md the following: Deliver and setup Scan lmrdware and ~oflware. Install and configure sca..;~5 as par customar configuration. Test Scan function to a default foldar (Plimary Foldar). hour. Please note that ~;/foC~ndeCr on,ex set-up, a sucoessful installation is the ability to scan a staudard test page from the copier to the D. FAX Connex w/n Include: All services as defined with ~e~,v~k ¢~*ed (Section B) and the following: Delivar and setop Fax hardware and software. Install Fax board in Imagistics provided server. Fum/sh Fax board for non-Ima~istics Sarvar (customer to in~teli board in non-[MAGISTICS sever) Install and configure Imagist/cs Fax software as per customer configuration. Test functionality from client and copinr through customar provided phone 1Mes. For DF 2~/3 5 printar/copier configure and verify fax functional/ry. ImtaIls up to four- (4) cl/ent print dr/vets with IT pctsonncl. Install cl/ant Fax software with 1T par~onnel. · .Fax c hours. Please note that for FAX Coonax set-up, a successful mstallaUon is the abil/ty to fax a standard test page from the copiar and from a cliant work~tation ! and to v V4 10/28/2003 Page 3 BID NO. #2736 "COPY/FACSIMILE M.ACHIN ES" .AI)J'N UA L CQNTRACT "COP. Y/FACSIMILE MACHINES" (PURCHASE & RENTAL)-ANNUAL CONTRACT (JANUARY 1, 2003 - DECEMBER 31, 2003 / Calendar Year} SPECIAL_CONDITIONS: The purpose of this bid is to eatabliah a ANNUAL COPY MACHINE CONTRACT for a period of ONE {1) YEAR from Board A~)oroval. THE CONTRACT WILL COVER BO]'H PURCHASE AND RENTAL. _- The Board reserves the fight to rejeot any or all,:b;d$ or any portion thereof. The Board reserves the right to waive any Informalities that is in the best InTerest of The Board. The Bosrd reserves the right to secure expert advice when determining the best end lowest hid meeting the Board's al3eclflcationa, Bid price MUST include D. ELIVERY~ SET.Up. OF ~NY COPIER BID and ~l,L, required training. e~: PLEASE LIMIT NUMBER OF COPIERS PER CLASS TO TWO (2) UNITS. *This Bid is a MENU TYPE BID, all reasotlable prices will be forwarded to ~he school,s fox,heir use. ANY QUESTION CONCERNING THIS BID SHOULD BE ADDRESSED TO: MR. JEFFREY T. LEN1STROM, MANAGER, PURCHASING DEPARTMENT PH. NO. #1-352-671~7503 BID CONDITIONS: ALL BIDDERS ARE REQUIRED TO EXPLAIN ALL MAINTENANCE CHARGES ON ALL PURCHASE MACHINES. ANY CHARGE NOT LISTED AND DETAILED WILL BE CONSIDERED A "NO CHARGE" TO THE SCHOOL BOARD, NEW MACHINES CAN ONLY BE ADDED AFTER AWARD DA'rE, IF THEY ARE REPLACING A MACHINE THAT IS NO LONGER MANUFACTURED. THE NEW MACHINE MUST BE SIMILAR TO THE MACHINE IT IS REPLACING. A NE~. REPLACEMENT MACHINE CAN ONLy BE ADDED IF A MARIO. N cO.UNTY SCHOOL WILL BE PURCHASING, THAT MACHINE, 7~275 : : -continue~J OCT lB 2004 1~:22 407S72[64S PRGE.01 Page 4 ElD NO. #2716 - SPECIAL CONDITIO $: continued. "COPY/FACSIMILE MACHINF,R".(Purchasa & Rental)-Annual Contract .SPECIAL CONDITION,~: centinUed RENTAL CONDITIONS RENTAL PERIOD; RENTAL PERIOD shell be for a three 13) year period, beginning from the ~[~3[~. ~ shall be subject to the availabilit~/ cf funds on a fiscal year tc year baa~s. RENTAL PRICE: RENTAL PRICE shall include ALL parts, labor, supplies {except paper), Transportation and Service~ If damage is do~e tc any copier by any School Board Employee or Students, the S heel Board al ~av for Darts arid labor a~; dealer cost, Bid price shall be e fixed Monthly Rental & charge for extra coJ31es OR a Flat rate Der cony chortle. ~: This Contrec~ may'be canceled bv the School Board, upon t~Jrt¥ (30) days written nctioe~ fo~ failure to cerform./ CUSTOMER DISSATISFACTION AWARD; ALL =rices on ALL,Machines (pURCHASES AND RENTALS) wffll forwarded to, each School for their ~: A. LL Machines bid for Purchase are to be ,NEW and the latest Manufacturer Model available. The Rental Section of this Contract , ,, ia broken into two (2) parts - ,NI~W & RE-MANUFACTURED CHARGES: ~ WILL BE ACCEPTED FOR ~ISCONTINUING A MACHINE RENTAL. 7276 -continued Page 5 BID NO. #Z716- SPECIAL CONDITIONS: continued · "COPY/FACSIMII~E,.MACHINE$"-{Purchase & Rental)-Anqua[ Contr{~c~ SPECIAL CO,.ND. TIONS continued CONTRACTOR'S INSURANCE The Contractor shell not commence any work in connection with this agreement unt~i he has obtained all the follow,ne type; cf Insurance and such Insurance has been approved by the Purchaser, nor ;hail the Contractor allow any sub- contractor to commence work on his sub-contract until all similar Insurance required for the sub-contractor ha~ been so obtained and approvsd. All Insurance Policiaa ;hall be with insurer; qualified and dofng business in Frcrida, and with an A.M. Best Rating of no less ,:hun A.X. The Purchaser shell be f~miahad Proof of Coverage of Insurance by Certificates of |nsuranca accompanying the Contract documents and shall name the Marion County School Board as an additional name Insured, The insular shall provide thirty (30) days written notice to the certificate holder if; pollcy ie to be canceled before the expiration date thereof. The Purchaser shall be exempt from, and in nc way liable for any sums of money that may represent · deductible in any Insurance Pollcy. Th~paym~nt~fsuchdeductib~esha~bethe~o~erasP~n~ib~l~tyoftheC~ntra~t~r~nd~rSub-C~ntra~tor provldlng such Insurance. A. WORKERS COMPENSATI,ON INSURANCE: The Contractor shall secure and maintain during the llfe of this agreement, Worker's Compensation Insurance for aJJ his employees connected with the work of this project and, ~n case any work is sublet, the Contractor shall require the sub-contractor similarly to I~rovlda Worker's Compens~fon Insurance for all the laser's employees unless such Insurance ;hal) comply ~lly with the Rorlda Worker's Compensation Law. In ~se any glass of employees engaged ~ hazardous work under thla Co~ra~ a~ the ~ite ~ the proje~ rs not prorated under Worker's Compensation ~atute, the Contractor shall provide, and ~a~ae each sub-contra~or to provide, adequate Insurance satlsfa~toW TO ~e ~rchaser, for prote~on of this employees not othe~ise prorated, B. CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE: The Contractor shall secure and maintain during the life of this agreement, COMPREHENSIVE GENERAL LIABILITY AND COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE aa shell protect him from claims for damages, personal injury, includlng accidental de_a~h~, as well ;s claims for property damages which may arise from operations under this agreement whether such operations be by himself or by anyone directly or indirectly employed by him and the amounts of such insurance shall be the minimum limit es follows. BODILY INJURY LIABILITY .AUTO, P~OPERTY DAMAGE LIABIIJTY PROPERTy DAMAGE LIABILITY :(OTHER,THAN AUTOMOBILE) $1 000 000 00 EACH ACCIDENT $ B00~000,00 EACH ACCIDEN,T. ~lr000~00q.00 EACH ACCIDENT ~ 1,000,000.00 AGGREGATF~OPERATIONS SI,000,000.00 AGGREGATE PROTECTIVE ~11 ~000~000.00 AGGREGATBCONTRAC~UAL Ineurln~l clause far both BO,D.I,LY INJU ,RY AND PROPE~[TY DAMAGE ;hall be amended to provide coverage on an (~CCURRENCE basis. 4. ")~CU" {E~RI.o, slcnf coJlapae~ underground dsmaRe)-the Contractor's Liability Pol|cy_sbalJ orovlde "XCU" coveraq~.fo~tho~e classifications {n which they are sxcludsd~ 5. Cont~rac~ual Lie~illty -Wo~k Contracts: T~e Cqnt~actcr's Liability Policy ;herr ¢~ver s~qh Contracts when ~he¥ ere effec~ed. SUB-CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAM,.A.G~.INSURANCE: The Contractor shall require each of his sub-co~tra~t~rs to secure and ma{ntaln during the life of this Contract: Insurance of the type specified above and insures the activJ~ his sub·contract;rs ~n hle policy, ss specified above, Page 6 BID NO. "COPY/FACSIMILE MACHINE,'::;," -ANNUAL CONTRACT DRUG - FREE WORKPLACE CERTIFICATION FORM In accordance with Florida Statute 287.087, preference shall be given to businesses with drug-free workplace programs, Whenever two (2) or more bids which are equal wi~h respect to price, quality, and service are received by the State or'by any'political subdlvlercn forths procurement of commodities or contractual services, a bid received from a business that certifies that Jt has implemented a drug-free workp[ace program shall be given preference in the award process, Established procedures for processing tie bide will be followed if none of the tied vendors have a drug-~ree workplace program. ~_n Order to have a drug-free workplace program, a business shall:. -- Publish a statement notifying employees that the unlawful manufacture, dis!ributlon; dispensing, possession, or use of a control!ed substance is prohibited in the workplace and epeol;~yJng the actions that will be taken agslnst employees for violations of such prohibition, Inform employees about the dangers of drug abuse i~ the workplace,' the buslness's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,' and employee essistahce programs, and the penalties that may be imposed upon employees far drug abuse violations. ~3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the ~tatemant spa?if;ed in subsection (1). 'In the statement specified in subsection [11, not~fy the employees that; as s condltlon of working on tho commodities or contractual services that are under bid, the employee will abide by the terms of ~he statement a~d Will h0~ify t~l~-0ysi; Of any'conviction of, ~r pYee of guilty or ne[o contenders to, any violation of Chapter 893 or a~y controlled substance law ef the United S~tes or any State, for a violation occurring ~n the wo~kplace'not lete~ than five (5) days a~er such convi~ion. · Impose a aanetlon on, or require the satisfactory participation In s drug abuse assistance or rehablJitation program ~f such is available in the employee's community by, any employee who Is so convicted. [6} Make a good faith effort to continue to maintain a drug-free workplace through implementation of this sa'orion, As the person author;zed to sign the statement,~rt'~;~/that this F~rm complies fully with the BIDDER'S SIGNATURE Page 7 '" COPY./.FACS. IMILE MACHINES" -ANNUAL CONTRACT U.S. DEPARTMENT OF AGRICULTURE Certification Regarcl[ng Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12646, Debarment and Suspension, 7 CFR Part 3017, .Section 3017.5.10. Participants responsibilities, the regulations were published as Par~ IV of the January 30__! 989, Federal Re~iste~ (Pages 4722-4733). Copies of the regulation;, may be obtained b'/contacting the Depa~ment of Agriculture Agency w~th wh|ch this transectJ0n originated. The Prospective lower tier participant certifies, by submission of this Proposal, that neither It nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federe~ Department or Agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, ~uch prospective participants shall a~tach an explanation to this Proposal. £ORGAN17.ATtO N 1t-~ ~1 Rm_ · FR/AWARD NUMBER or FROJECT NAN1E Chris C. Dewart, V.7, Co=~marcial Sales [NAMF.~(SI end TITLEISI of AUTHORIZED ~E~RE,'{EN'FATIVEI$) C,-',/ {~tGNATURES($] [DATE] 7279 OCT ~8 2884 16:23 40?8?21648 PAGE.05 Page BID NO. #2716 "COPY/FACSIMILE MACHINE " -ANNUAL CONTRACT SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND S_W.ORNTO IN THE PRESENCEOFA NOTARY PUBLIC .OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn-statement is submitted to THE SCHOOL BOARD OE MARION COUNTY by Chris C. Dewar~, V.P. CommezcSal Sales ~rln! ;nd;v;dual'a n~ma and ~l~Je; for Imagletics Iht ernatioual' whose business address is 4403 Vineland Road, Suite Orlando, FL 32811-7362 and (if applicable) its Federal Employer Identification Number (FEIN) is 06-16.tZ068 (If the entity has no FEIN, include the Seclal Security Number of the indivldua signing this sworn statement: ,) I understand that a "Public Entity Crime" as defined in Paragrapli 287,133(1)(g), FJorlda S~atutes, means a' violation of cay state or federal law by a person with respect'to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United 'States, inq{u~i0.g,. _hu.t n_ gt.l[rn!~e_.d_tg~ .gpy ._Bid or .C.0Dtra.~t for goods or services to be p~.o. vided to any public entity 'or an agency or political subd~vislon Of any other -~tate or the Un,ted States and involving antitrust, fraud, theft, bribery, collusion', racketeering, conspiracy, or material misrepresentation. I 'understand that "convcted" or "conviction" as defined in Paragraph 287.133(1)(b}, o~[g~[.~{~L~, means a finding of guilt or a conviction of a public entity crlma, with or w~thout an adjudication of guilt, in Federal or State trial cou~ of record relating to charges brought by Jndictmer~t or information after July 1, 1989, as a result of a jury Verdict, non-jury trial., or entry of a plea of guilty or nolo content[ere. . 7280 -continued OCT 1~ 2004 16:23 407~721648 PRGE.06 Page 9 BID NO. #2';,16-"CQPY/FACSIMILE MACHINE$"-Annual Contract Swc3~N STATEMENT PURSUANT TO.SECTION 287,13313~1a), FLORIDA STATUTES, QN ~U, BL C.ENTITY CRIMES{ ccntln,ued - [] I understand that an "affiliate" as defin~ed in Paragraph 287.133(1)(a), Florida Statutes, means: A predecessor or successor of a person convicted of aPubllc Entity Crime; or An Entity under the control of any natural parson who is active in the Management of the Entity and who has been ~onvicted of s Public Entity Crime. The Term "affiliate~ includes those officers directors, executive, per=nors, share-holders, en~pl0yees, members, and agents who are active in the management of an affiliate. The ownership by one (1) person of shares constituting e c~_ntrolling interest in another person, or a pooling of equipment or income among ps'sons. When not for fair market value under an arms )ength agreement shall be a prfma facie case that one [1} person con,reis another person. A peraon who knowingly enters into a joint Venture with a person who has been convicted of a 'public entity or[me in Florida' during the preceding thirty-six (36) months shall be considered an affiliate. l understand that a "person" as defined in Paragraph 287.133(1)(e), FJorid.a Statul;e,s, means any natural person or entJt~, organized under the laws of.any state or of the United States with the legal power to enter into,a binding Contract and which bids or applies to bid on Contracts'for the provision of goods or services let by . a 'public entity,, or which otherwise transacts or applies to transact bu.s~ness with a. public entity. The term "person" includes those officers, directors, executives, partners, share-holders employees, members, end agents who are active in management of an entity, Based..on i~fx~rmation and, .belie~, the statement which 1 h~ve marked, below [s true in relation to the entity submitting this sWorn statement: [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executive, partners, share-holders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to .;July 1, 1989. 7281 -continued Page 10 8ID NO. ~2?~I6-"COPY/FACS[I~ILE MACHINES"-Ann,.,eI Contra~t SWORN STATEMENT PURSUANT T0 SECTI_O~I 287.1.3.3131[a). FLORID~ ~TATUTE$, ON PUBLIC ENTITY CRIMES: cgn~inued - .continued: [] The entity submitting this sworn statement, or one (1) or more of.its officers, directors, executives, partners, share-holders~ employees, members, er. agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. [I The entity submitting thls sworn statement, or one {1)or more of ks officers, directors, executives, partners, share-holders, employees, members, er agents who are active in the management .of the entity, or an affiliate of the entity has been charged with and convicted'of a 'public entity crime sub_sequent to ,July 1, 1989. However, there has been a subsequent proceedingqSefore a Hearing Officer 'bf the State of Florida, Divls[on of Adm{ni~ratlve Hearings and the Final Order entered by the Hearing Offlcer determined that it was. not in the public interest to place the ant|fy submitting this sworn statement On the 'convicted vendor list. - [ATTACH COPY OF FINAL ORDER] UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONEI ABOVE'IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS .FILED. I ALSO UNDERSTAND THAT I AM REQUIRED 'TO INFORM THE PUBLIC ENTITY PRIOR TO' ENTERING. INTO A CONTRACT IN EXCESS OF THE THRESHOLD. AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FDR CATEGORY~TW~. OF_ANY CHANGE IN THE INFORMATION CONTAINED l, THIS FORM. ~//.~-- ~ . . [Signature] November 12~ 2002, [Date] STATE OF CT COUNTY OF FERSONALLY APPEARED BEFORE Chris C. Dewar~ [Name of Individual affixed his/her signature in the space provided above on this day of My commission expires: 10/31/06- . ,: - ~_7282 Form PUR 7068 {Rev.04/lO/Ol) ME~ the undersigned authority, who, after first being sworn by me, ii ,2002. nr'T ~ ~ ~c~ ~ ~: >d 407872164~ PAGE.08 Page 1 1 BID NO. #2~T6 ".COPY/FACSIMILE. MACHINES" -ANN~UA L cO'I~RACT GENERAL CONDITIONS TO INSURE ACCEPTANCE OF THE BID, FOLLOW THESE INSTRUCTIONS: SEALED BIDS: All BID SHEETS end.TH~S FORM .~. be exe;~ted and submitted in a sealed e~alops ~ INCLUDE MOR~THAN I:)NE'.(I"J' iBID.,..P,E[~ EN ELOPE): The face of the envelope shall ccfi~ain, in addition to the above'address, ~he D~TE,,;~nd ,aIMEd.of ~e BID QPEN~;. All Bids are subje~ to the condEIons specified herein, ~ose ~hlch d0 not comply'with these cendit;o~s' are s~'bjact to rejection. EXECUI'ION OF BIDS: Bid shall contain a signature of an authorized representative in ~he space provided on the attached shee~, B1D,f~UST BE TYPED or PRINTED IN INK..U.se of erasable ink Is NOT eermltted. ALL oorrs, ot one made_by bidder to his BID shell be initialed, NO BID: If not submittir!g a BID. respond by using the ]~ID FORM and marking it, "NO 81D~", and explain the reason In ~che space provided. Failure to respond wlthout justifloetJon may be cause for ~E~OVAL of the bidder's name from the bid meillno list. ~.' Shall ba public :.:on ,.th.e....DATE'.ahd at the TIM~.aaeoified on the ElD FORM. It is the. Bidder's re)tpeh~ib!lill/to, assure=th, at hls"bldl,i~ dsllv~red~at*t,l~, proper time an...d to t.he proper place of tha~.:'l)ida whictt.for,~ny rilason, ar~ not ac:delivered, Wll! not ce considered. OFFERS MADE BY TELEGRAMSf FACSIMILE MACHINES~ OR, TELEPHONE ARE NOT ACCEPTABLE. PRICES AND' TERMS: Firm prices Shall be. BId and include all pecking, handling, shipping charges end dallven/to the destination show~l here;n: A. TAXES: The Boar~"..,dp~s~'NOT PAY Federal Exci's~e and State Sales Do not' in'bi.uric these, items on invoices,. ~J(EMPTIO'N 'NUMBE"R"is si'town ~n" l[tie Pumhase 7283 -continued OCT 18 2884 1~:24 40?8?21648 PAGE.89 Page 12 BID N.O~ ~2.716-GENERAL CONDITIOI~S: continued. "COPY[FACSIM.I~-E N~ACHINES"-Annual Con~ac! GENERAL CONDITIONS: oont nued-. PRICES AND TERMS: continued- B. DISCOUNTS: Bidders shall reflect cash' discounts on the Unit Prices Quoted. Discounts shall not be considered in determining the lowest net cost for Bid evaluation purposes. M~STAKES: Bidders are expected to examine the specific?tions, delivery specifications, delivery schedules, bid prices, and extensions, and all instructlons pertaining to this bid. Failure to do so will be at Bidder's risk. In case of mistake in EXTENBION. the .UNIT PRICE will govern. CONDITION AND PACKAGING: It ls understood and agreed that any items offered or shipped as a result of this bid shall be a new, current production model avaUable at the time of this BID unless otherwise noted, Containers shaU be suitable for storage or shipment, and all prices shall include standard commercial packaging. Each carton, package, box and/or container shall be labeled with name of item, quantity contained, Purchase Order Number and Vendor. PAYMENT: Payment will be made by the Board after the items awarded to a Vendor have been received, ins'pected, and found to comply with award speclf~cations, free of damage or defect and properly invoiced. Afl Invoices MUST bear the PURCHASE ORDER NUMBER. Payment for partial Shipments shall not be made unless specified. Failure to follow these instrucUons may resUlt in delay in processing invoices for payment. The pURCHASE ORDER NUMBER MUST appear on INVOICES, BILLS OF LADING, PACKAGES, CA'-'~-~ES, DELIVERY LISTS AND COI~RESPONDENCE. 7284 -continued OCT 18 2884 16:24 48?8?21648 PAGE. lC Page 1 3 BID NO,. #2?16-GENERAL CONDITIONS; continued_- "COPY/FACSIMILE MACH[NES"-Annual Contract GENERAL CONDITIONS: continued- DELIVERY: Unless actual delivery is specified (or if specified delivery cannot be met) show ~umber of days required to make delivery after receipt of~ in space provided. Delivery time may become a basis for making an award (see SPECIAL ~), Delivery shall be within the working hours cf the ~ MARION COUN1'Y, Marion, Florida, MONDAY throuqh FRIDAY, 7:30 A,M. - 3i00 P.M,~ ~ unless otherwise specified. MANUFACTURER'S .NAMES .& APPROVED EQUIVALENTS_: Any Manufacturer's names, trade names, brand names, information and/or catalog numbers listed in a specifications ars for information end not intended to limit competition._ The b~dder ma-/ offer any brand for which he is an authorized representative, which meets or exceeds the specifications fo~' any item(s). NOTE: Sometimes substitutes ars not acceptable. If bids ara based on equivalent products, indicate on the bid form the Manufacturer's name and number. Bidder shall submit with his bid, cuts, sketches, and descriptive literature, and/or complete specifications. Reference to literature submitted with a previous bid will not satisfy this provision. The bidder shall also explain in detail the reasons why the proposed equivalent w~l{ meet the specifications and not be considered an exception thereto. The School Board of Marion County, Florida reserves the righl To determine acceptance of item(s] as an approved equivalent. Bids which do not comply with these requirements ere subject to rejection. Bids lacking any written indication of intent to quote an ~ will be received and considered in complete compliance wlth ti~e specifications as listed on the BID FORM, INTERPRETATIONS: Any questions concerning conditions and speci§cat~ons shall be directed to this office. Inquires must reference the DATE OF BID OPENING, AND BID NUMBER. NO INTERPRETATION SHALL BE CONSIDERED binding unless provided in writing by the School Board of Marion County Florida in response to request in full compilance with this provision. AWARDS,: As the ~ of the School Board of Marion County, Florida may require, the Hght ~s reserved to make award{s) by indivldual item, group of items, all or none, or a combination thereof; to reject any end all bids or waive any minor irregularity or technlcallty In bids received. When it ia determined there ia competition to the lowest responsive bidder, then other bids may not be evaluated, Bidders ara cautioned to make no assumptions unless their hld has been evaluated as being responsive. SERVICE AND WARRANTY: Unless otherwise specified, the bidder shall define any WARRANTY SERVICE AND REPLACEMENTS that will be provided during the subsequent tn the CONTRACT. Bidders must explain on an attached sheet to what extent WAERANTY and SERVICE FACILITIES are provided. 7285 -continued nn~ ~ ~ ~:~ 407872i648 PRGE,ll Page 14 J~ID NO. #27~6~GENERAL CONDITIONS~ continq~l - "COPY/FACSIMILE MACHINES"-Annual Contract GENERAL CONDITIONS: ~ 8 tinued 10, SAMPLES: Samples of items, when celled for, must. be furnished FREE of EXPENSE ON BID OPENING TIME AND DATE AS SPECIFIED, and IF NOT DESTROYED may, upon request, be returned at the bidder's expense. Each Indlvlduel sample must be labeled with BIDDER'S NAME, MANUFACTURER'S BRAND NAME and NUMBER, BID NUMBER a0ri ~. All request for return of samples must be mede in no more than 1;an days after Bid OI3enina, 11. PURCHASES BY OTHER GOVERNMENTAL AGENCIES: With the consent of the successful bidder, purchases may be made under this bid by other Governmental Aoenclee withi~l,,,tbe, St;~te qf Florida. Such purchases shell be governed by the same Term and C. ondlt, icn~l as stated herein. AGREE TO EXTEND PRICE TO OTHER GOVERNMENTAL AGENCIES [ ] WILL NOT EXTEND PRICE 12. INSPECT[ON, ACCEPTANCE AND TI..T~E: Inspection and accePtance will be at destination unless otherwise provided. Title and. risE of loss or damage to ell Items shall be the responsibility of CONTRACT supplies unless accepted by the ordering agency, unless loss or damage results from negligence by the School Board of Marion County Florida. 13. LEGAL REQUIREMENTS: Applicable provisions of ali Federal, State, County, and Local Laws, and all ordinances, rules and regulations shall govern any and ell claims and disputes which may arise between person(s) aubmlttlng · bid response hereto, and the School Board of Marion County, Florida by and through its officers, employees, end authorized representatlvee, or anyi_cthsr persona nature! or otherwise, end lack of knowledge by any bidder shall not 0onstitute a cognizable defense against the Legal effect thereof, 14. PATENTS AND ROYALTIES; The Bidder, without exception shall indemnify end save harmless the School Board of Marion County, Florida and its employees for liability of an~ nature or including cost and expenses for or on account of an copyrighted, patented, or unpetented invention, process, or arltole manufactured or used in the performance of the Contract, including its use by the School Board of Marion County, Florida. IF the bidders uses any design, device, or materials covered by letters, patent or copyright, ~ is mutually agreed and understood without exception that the bid prices shall.Include all royeYtles or costs arising from the use of such design, device, or mate~;els In any way involved Jn the worE. 15, ADVERTISING: In submitting a bid, bidder agrees not to use the results there from as a part of any Commercial Advertising. 16, ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the monies wh;ch may become due hereunder are not assignable except with the prior written approve[ of the School Board of ~arfen County, Florida.. 7286 - -continued OCT 18 2084 16:25 407e?2164B PRGE.12 Page 15 BID NO. #2715-G,ENERAL CQNDITIONS; continued - "COPY/PACSIMILE MACH1NES"-Annu.al Contrac.~ GENERAL COND. ITIONS: c tinued ~ 17. LIABILITY: The SELLER agrees to the Indemnity and save the School Board of Marion County, Florida. its officers, agents, and employees harmless from any and a{I judgements, orders, swards, cost and expanse including Attorneys' Fees. and also ell claims on account of damages to property, including loss of Uae thereof or bodily injury (including death} which may be hereafter sustained by the SELLER, its employees, its sub-contractors, or the School Board of Marion County, Florida's employees, or third persons, arising cut of or in court of competent jurisdiction to be legal liabillty of the SELLER, 18. FACILITIES: The School Board of Marion County, Florida reserves the right to inspect the Bidder's Facilities at any time with prior notice. -- 19. ESCALATION: Escalation provleion~ by the bidder are not acceptable unless specified. ZO. RENEWAls: The School Board of Marion County, Florida reserves the right to renew this Contract or any portion, thereof, for up to TWO (21 ADDIT[ONAI~ CONTRACT pERIODS, upon Mutual Agreement in writing, 21, FAILURE OF PERFORMANCE DELIVERY: If the successful bidder fails to perform aa requTred per these specifications, or fails to deliver the item(s) specified In these specifications, he shall recompense the School Board of Marion County, Florida for any damage to the said Board caused by his failure to perform as stated. 22, OSHA: The Bidder WARRANTS that the product or products supplied to the School Board of Marion County, Florida shall conform in all respects to the standards set forth in the OCCUPr~TIONAL SAFETy AND HEALTH ACT OF 1979. as amended, and the failure ~c comply will be considered a Breach of Contract. 23. ASBESTOS STATEMENT: All material supplied to the School ~Board of Marion ~ounty, Florida, under this bid, must ba ONE-HUNDRED I100%t PERCENT ASBEST~OS FRF~E unless otherwise specified. Bidder, by virtue of bidding certified by signing bid that if awarded any portion of this bid, Will supply ONLY MATERIAL or EQUIPMENT THAT I~ ONE.HUNDRED i100%) PERCENT ASBESTOS FREE. NO BID will be considered unless this ls agreed by the ~endor. 24. MATERIAL SAFETY, DATA SHEET: A MATJERIAL SAFETY DATA SHEET (MSDS) must be submitted for.a.ach Chemical that vou e,r.a bic[d~. The MSDS, sheet mus~ be submitted for a Chemical prior to a raoommendatlon being made for award of a b~d. FAILURE TO SUBMIT A MATEF[IA[~ SAFETY DATA SHEET WITHIN FORTY-EIGHT (48) HOURS OF REQUF,~T W. II.L .MAKE YOUR BID UNACCEPTABLE, The Information must, provided in compliance wkh FLORIDA'S RIGHT-TO-KNOW LAW. 25. PUBLIC ENTITY CRIME FORM: All bidders _mus~, complete ~ ~ides.} which ia attached, in order to' comply with t=LORIDA LAW rs'~ardlnq PUBLIC ENTITY CRIMES, SD45~SECT1QNS 287;13313)(a), FLORIDA STATUTs.S.' : '7287 -continued ~CT 15 20~4 16:25 40?8?21648 Page BID NO. #2716-GENERAL CONDITIONS: continued "COPY/FACSIMILE MACHINES%Annual Contrs~t GENERAL_ CONDITIONS: ; ontinuedTM- 26. ,POSTING OF BID TABULATIONS: Bid tabulations will be pasted for review by interested pottles at the locations where blds were opened and will remain posted for seventy. two (72) hours. Failure to f~le a protest within the time prescribed in SECTION 120.S${E)r FLORIDA STATUTES, shell constitute swaiverof proosedingsunde~CHAPT R 120 FLORIDA ,STATUTES. 27, 28. WITHDRAWING BID: THE BID PROPOSAL as submitted by the bidder, cheil remain in effect for a PERIOD OF FORTY-FIVE_ (451 DAYS FROM BID OPENING, The bidder agrees not to withdraw from competition during this foil:y-five (45) day period to provide ample time for an evaluation end acceptance by the School Board. DAMAGED ITEMS: in the event an itemis) is received and it Is later determined there is concealed damage when the item(s) is unpacked, the item(s) MUST be replaced by the Vendor et NO COST TO THE SCHOOL EOAF;D. 29. 30, METHOD OF ORDERING: Orders shall be processed ,ONLY upon receipt of an authorized P~[~[.~ issued by the School Board of Marion County, Florida. ANNUAL CONTRACT: Unless otherwise specified the ~ Issued by the Marion County School Board will serve es the CO R DOCU NT. The TERMS, CONDITIONS AND SPECIFICATION~ of that particular Bid Will serve as the CONTRACT for that Bid. ~,J,~IL~: The Board reserves the right to ~ any ANNUAL CONTRA(ri' by means of a l;hirty (30} day written, att,er 32. I~~: An entity ar affiliate who has been placed on the d;ecr;micetory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit e bid on · contract with a public entity for the construction or repair or · public build;rig or public work, may not submit bids on leases or real property to a public entity, may not award or perform work as a contractor, supplier, sub-contractor, or consultant under contract with any public entity, and may not traneac'( business with any.public entity. 33. COMMODITY B DS or BIDS WHICH REQUIRE_DELIVERABLE TANGIBLE ITEMS: The Marion County School Board will not be liable for loss er damage to items shipped to the Marion County School Board in error after thirty {30) days from the verifiable .date of receipt of the item(s). 34. SHOULD THE SPECIFICATIONS OF THIS ElD BE DETERMINED BY THE BIDDER TO BE RESTRICTIVE, NOTICE SHALL BE GIVEN WITHIN SEVENTY-TWO (72) HOURS AFTER THE RECEIPT DF TNt:: INVITATION TO BID OR REQUEST FOR PROPOSALS. * ,N 0 T E: 7zss ANY AND ALL SPECIAL CONDITIONS ATTACHED HERETO WHICH , AB,~ V ' ~BOM TJ-;[ESE GENERAL CO~IDITIONS SHALL HAVE pRECEDENCI-. -continued OCT i8 2~04 1~:26 40?8721648 PAGE.14 BID NO. ~ ~ ? ~ RENTAL NEW EQUIP~NT CLASS m-COPIER: 50,000-100, COPIES MONTHLY MANUFACTURER/MODEL BID: ' ' ~ .-~ PAPER SIZES:-~-~zY'f~///~ ~ / .~/~' RATED SPEED:~ SUGGESTED COPIES PER MONTH: ~/~ ~o ~ . , MONTHLY RENTAL FEE: $ ~)~ ,, NUMBER OF FREE COPIES PER MONTH: EXTRA COPIES: $ ,,OOf~ CHARGES FOR ToNER YIELD:. COST PER COPY/. $ FEATURE'S ADDITIONAL COST $ We, the undersigned, agree to flx the price written for a PERIOD OF THREE i3~ YEARS. The ~ ~NT~ FEE includes ALL LABOR. PARTS. SUPPLIES (exceot PAPER~. We further agree that this ~ can be discontinued in THIRTY (30) DAYS after recefot of a written letter, with NO 7289 V. Public Audience 7290 guy person who decides to appeal any decision of the Comm~lnity 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 mede, which record includes the testimony and e'Cidence upon Wh~h the appeal is to be based. The CRA shall fum/sh appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal oppommity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CKA to reasonably acconnnodate your request. , V. Public Audience 7290 Any person who decides to appeal any decision of the Commun/ty Redevelopment Board with respect to any matter considered at this meeting will need a record of the proceedings and for such pUrPose moy need to ensUre that a verbathn record of the proceedings is made, which record includes the testimony, and evi_dance 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 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. TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNt'NG AND ZONI'NG DZVZSI'ON MEMORANDUM NO. PZ 04-279 Chair and Members Community Redevelopment Agency Board Michael Rumpfli~~-~ Director of Planning and Zoning Eric Lee 3ohnson, AICP ~ Planner December 8, 2004 The Arches / SPTE 05-001 Site Plan Time Extension Property Owner: Applicant / Agent: Location: Existing Land Use / Zoning: Proposed Land Use/Zoning: Proposed Uses: Acreage: Adjacent Uses: North: South: East: West: PRO3ECT DESCRZP'T~ON Multiple owners, including MGR of Palm Beach, Inc., DOlphin Bar inc., and Prime Plaza, inc. Mr. Ryan Weis'tisch with Boynton Ventures 1, LLC Beginning at the southwest corner of Ocean Avenue and Federal Highway (see Exhibit "A" - Location Map) Mixed Use Core (MXC) / Mixed Use-High (MU-H) No change proposed Mixed Use project including Residential Multi-family, Parking Garage, Office and Retail. 3.515 acres (153,113.4 square feet) Right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBD); Right-of-way for Southeast 2r~ Avenue and farther south is a developed commercial plaza zoned Community Commercial (C-3); Right-of-way for Federal Highway and father east is developed commercial properties zoned CBD; and Developed commercial properties In Block 7 zoned CBD and then farther west Is right-of-way for Southeast 4th Street and still farther west is developed commercial properties zoned CBD. Page 2 Memorandum No. PZ 04-279 BACKGROUND In February of 2003, Boynton Ventures 1, LLC; the contr~act purchaser, assembled many different lots throughout almost two (2) city blocks in order to construct a large-scale mixed-use development. The City Commission approved the site plan (NWSP 03-002) on June 3, 2003. The project was approved for three (3) separate buildings ranging from three (3) stories to 10 stories in height. Retail and restaurant uses would primarily occupy the ground floor while office and residential uses would occupy the second and remaining upper floors. This scenario would be consistent with the standards of the MU-H zoning district. The project was to be built within one (1) phase. A subdivision master plan is valid for only one (:1) year after a development order has been issued. The developer is required to secure a building permit within that year. On June 17, 2003, the City Commission approved Ordinances 03-019 and 03-020, which adopted the corresponding land use amendment / rezoning changes (LUAR 03-003), also requested by Boynton Ventures, LLC. The land use amendment / rezoning request successfully changed the underlying land use from Mixed Use (MX) to Mixed Use Core (MX-C) and the zoning from Central Business District (CBD) to Mixed Use High Intensity (NU-H). The gross density of the project was approved at approximately 79 dwelling units per acre, which was in compliance with the maximum density allowed in the MX-C land use category. Furthermore, both the City Commission and the Florida Department of Community Affairs (DCA) approved the land use amendment and rezoning application. In May of 2004, Mr. Ryan Weisfisch of Boynton Ventures 1, LLC requested a one (1)-year time extension for the site plan (NWSP 03-002). Staff reviewed the application and recommended approval of the time extension request. The Community Redevelopment Agency (CRA) reviewed the request but recommended only a six (6) month time extension instead of the one (:1) year extension requested by the applicant. On June :15, 2004, the City Commission approved a six (6) month time extension by a 4 to 1 vote. The site plan expires on December 15, 2004. Unable to secure a building permit, Mr. Ryan Weisfisch of Boynton Ventures 1, LLC is requesting a second, one (1) year time extension for the site plan (NWSP 03-002). If this request for extension were approved, the expiration date of this site plan, including concurrency certification would be extended to December 15, 2005. ANALYSTS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time extensions, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on November 12, 2004, which is one (1) month before the expiration date of the new site plan. According to the time extension application, Mr. Weisfisch indicates that Boynton Ventures, LLC has"entered into a contract for the purchase of the Arches land and are currently re-negotiating our contractual relationships relating to the future development of this site. Faison has simultaneously put under contract the 'Katz Property' at the intersection of Ocean Avenue and 4m Street, and Faison is currently negotiating to acquire the Leiffer parcel as well". While it may be true that the applicant experienced delays caused by private matters or Inherent problems with_ the subject site, the onus is still on the applicant to submit drawings to the Building Division in order to secure a building or infrastructure type of permit. Submitting these types of permit plans demonstrates "good faith" to the City that the developer is attempting to complete the project. In defense of the developer, however, a project of this magnitude, plus the possible Page 3 Memorandum No. PZ 04-279 acquisition of additional property would require more time for due diligence with regard to property assemblage, project financing, and construction planning. Also, a more formal criterion for evaluating requests for time extensions is compliance with (~raffic) concurrency requirements. On January 6, 2002, the Palm Beach County Traffic Division approved the traffic study for 59,000 square feet of retail and 257 dwelling units with a build-out year of 2005. The site plan time extension is still subject to the 53 conditions approved in the original new site plan. Staff recommends approval of this request for a second, one (1)-year time extension of the site plan (NWSP 03-002). As previously mentioned, if this request for site plan time extension is approved, all condiUons of approval from the original site plan must still be satisfactorily addressed during the building permit process. Any additional conditions of approval recommended by the Board or City Commission would be placed in Exhibit "C" - Conditions of Approval. - S:\Planning\SHARED\WP\PRO.IECTS~ARCHES @ BB\SFTE 05-001\Staff Report. doc Exhibit 'A'- Location Map 400 600 800 ~ Feet I i -1 I!1 i.qi.,li, Iii I , I~l~iI. f ,~~!, ,,~1 ,,,,,,,,~ ,. I,~ l,,, ,. ,,':'' ! II lhl : : , I ~ I I I llll - _ !]--~ ~I I II Il! IIII 'i ( : i ~] - I~ ' qO 'Ill : ~::i EXHIBIT "C" Conditions of Approval Project name: Arches File number: SPTE 05-001 Reference: Site Plan Time Extension DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTERdENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None CONDITIONS -~T~O ~ Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. To be determined. S:\Planning\SHARED\WP\PROJECTS~ARCHES @ BB\SPTE 05-001\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Arches (SPTE 05-001) APPLICANT'S AGENT: Mr, Ryan Weisfisch with Boynton Ventures 1, LLC APPLICANT'S ADDRESS: 1250 East Hallar~dale Beach Boulevard, Suite 305 Hallandale Beach, FL 33009 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 4, 2004 TYPE OF RELIEF SOUGHT: Request a second, one (1) year site plan time extension for a large scale mixed-use project approved on June 3, 2003 (an extension to December 3, 2005) LOCATION OF PROPERTY: Southwest corner of Ocean Avenue and Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "included". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED\WP\PROJECTS~ARCHES (~ BB\SPTE 05-001\DO.doc City Clerk VI. Public Hearing 7291 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 tastimorty and evidence _upon'whleh the appeal is to be based. The CRA shall furnish appropriate aurdliary aids and services where necessary to afford an individual with a disability an equal opporttm/ty to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas Hutchinson at 561-737-3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. VII. Old Business 7292 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 testimo~-y and evidence upon which the appeal is to be based. The CRA shall furnish appropriate aurdliary aids and services where necessary to afford an individual with a disabihty 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. VIII. New Business 7293 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, wh/ch record includes the testimofiy and evidence upon which the ~ppeal is to be based. The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportumty to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Doughs Hutchinson at 561-737-3256 at least twenty, four hours prior to the program or ac~vity in order for the CRA to reasonably accommodate your request. , BOYNTON BEACH CRA AGENDA ITE M REQUEST FORM Requested CRA Date Final Materials Must be Reqaeated CRA Meetin~ Dates Turned Meefl~ Dates into CRA Office [] January 13, 2004 D~z~nber 30, 2003 (Noon.) [] July 13. 2004 [] February 10, 2004 Janum3, 27, 2004 (Noon) [] August 10, 2004 [] March 9, 2004 February 24, 2004 (Noon) [] September 14, 20~4 [] April 13, 2004 March 30, 2004 (Noon) [] October 12, 2004 [] May 11, 2004 April 27, 2004 (Noon) [] Novembex 9, 2004 [] June 8, 2004 May 25, 2004 (Noon) · December 14, 2004 Date Final Materials Must be Turned into CRA Office June 29, 2004 (Noon) Suly 27, 2004 (Noon) August 3I. 2004 (Noon) September 28. 2004 (Noon) October 26, 2004 (Noon) November 30, 2004 (Noon) NATURE OF [] Consent Agenda [] Old Business [] Lega~ AGENDA ITEM [] Director's Report · New Business [] Future Agenda Items [] Other Item DATE: 11/26/2004 SUBJECT SUMMARY PARAGRAPH: The CRA is requesting an additional position of Planner. The purpose of this position is to manage daily CRA Planning & Zoning operations and activities, including the development review process, planning document development, updates to CRA redevelopment plans, project oversight for consb'uction, self assembly programs, comprehensive planning and budget administration. RECOMMENDATION: Staff is recommending the approval of the additional position of Planner and the proposed pay scale range. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The CRA sees an average of ten (10) developers and twenty (20) plus land owners, architects, etc. per week. Additionally, development demand places great importance on the CRA Planning Documents, Standards, etc. The volume of project/issues and time required to address these elements now make a full time professional staff position essential. The start date is generally set for after January 1, 2005. FISCAL ][M~ACT: The fiscal impact for this 2004/2005 Budget year at midpoint hire of $49,220 is $47,135.95 which includes a one time expense for equipment of $5,500. Future years expenses are $61,893.77 (see attached). The CRA re- allocated $150,000 from office purchase to personnel. Staff proposes to use a portion of these funds for this expense. The position will help prapara plans and documents which will reduce the need for outside consultants. ALTERNATIVES: Leave position open for consideration in future years. CRA Staff ~Director 7294 Susan Shares Lfihuman resou rcen~hurnanresourcestCRA Agenda Item Request Planner 11_04.doc COMMUNITY REDEVELOPMENT AGENCY CITY OF BOYNTON BEACH, FLORIDA Classification Description CLASSIFICATION TITLE: CRA Planner Exempt Contract Position WORK OBJECTIVE The purpose of this classification is to provide daily CRA Planning & Zoning operations and activities, including the development review process, planning document development, updates to CRA redevelopment plans, project oversight for construction, self assembly programs, comprehensive planning, and budget administration. ESSENTIAL FUNCTIONS Administrative 1. Coordinates daily work activities; organizes and prioritizes, monitors status of work in progress and inspects completed work; consults with CRA and City staff, assists with complex/problem situations, and provides technical expertise. Assists in developing and implementing budget for area of assignment; monitors expenditures to ensure compliance with approved budget. Provides information and assistance to the public, city officials, other departments, or other individuals concerning city codes, land development regulations, zoning regulations, interpretation of the codes/regulations, application and review processes, approvals, development projects, and procedural issues; meets with developers/agents regarding development plans; responds to complaints, researches problems, and initiates problem resolution. Performs staff review aspect of the development review process; reviews applications submitted for site plans, master plans, annexation, variances, minor modifications, use approvals, amendments, or other action; conducts technical comments related pertaining to development plans; prepares and/or reviews legal advertisements required for development approval. Develops reports, recommendations, conclusions, and studies relating to work activities; researches, evaluates, and prepares written reports including the collection of facts, documentation 7295 Susan Shares L:~human resources~hUmanresources~CRA Planner Job Description 2004.doc 10. 11. 12. 13. of relevant requests for approvals, and site plan approval; prepares special studies/reports on annexation; reseamhes tax records, prop?try taxe~, fiscal impacts, projections of costs and revenues; annexation I~ws, and other information. Prepares/presents results of evaluations/analyses on development proposals or special projects, including technical data, at public meetings, hearings, and workshops. Assists with inter-governmental coordination activities; represents the CRA at multi-governmental meetings; reviews development petitions, including plan amendments of adjacent jurisdictions, and distributes similar information on local petitions to adjacent jurisdictions. Works with the City to maintain and distribute c~mputerized and hard-copy information on popular/census data, including :decennial counts, official annual estimates, and federal publications; interacts with source agencies to review and 'confirm housing unit counts, municipal boundaries, and annual permanent population estimates from the state. Maintains computerized and hard-copy records of previously reviewed and/or approved development projects. Provides consultation regarding contract administration issues as needed. Prepares or completes various forms, reports, correspondence, schedules, staff reports, technical review comments, legal advertisements, budget documents, performance appraisals, flow charts, or other documents. Receives various forms, reports, correspondence, budget documents, staff reports, technical reports, technical review comments, conditions of approval, development applications, site plans, master plans, legal advertisements, census data, traffic impact studies, comprehensive plan, community redevelopment plan, regulations, statutes, codes, ordinances, maps, manuals, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Operates a motor vehicle, personal computer, general office equipment, or other equipment as necessary to complete 7~96 Susan Shares L:~uman resources\humanresources\CRA Planner Job Description 2004,doc 14. essential functions, to include the use of word processing, spreadsheet, database, e-mail, intemet, or other programs. Communicates with superwsor, employees, other divisions, other departments, city officials, government agencies, advisory boards, developers, consultants, the public, outside agencies, and other individuals as needed to coordinate work activities, review status of work, exchange information, resolve problems, or give/receive advice/direction. 15. Attends meetings, serves on committees, and makes presentations as needed. 16. Maintains a comprehensive, current knowledge of applicable laws/regulati0ns; maintains an awareness of new-trends and advances in the profession; reads professional literature; maintains professional affiliations; attends workshops and training sessions as appropriate. 17. Performs general/clerical tasks, which may include answering telephone calls, making copies, sending/receiving faxes, filing documents, or processing incoming/outgoing mail. Written Skills 1. Must demonstrate superior written skills as pertaining to ordinance creation, Planning document narrative, grant writing, etc. · Urban Planning 1. Interprets and applies applicable city codes, ordinances, regulations, and comprehensive plan pertaining to zoning, land use, and site development. Consults with City Planning & Development staff and other officials to review department operations/activities, review/resolve problems, receive advice/direction, and provide recommendations. 3. Conducts code reviews resulting in recommendations to amend land development regulations. Architectural 1. Must have general drafting - rendering / sketching skills. Preference shall be given to personnel with both planning and amhitectural degrees. . 7297 2. Must have a working knowledge of CAD programs, including but not limited to general drawing, rendering, etc. The following duties are ~rmal fo~ this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. PREFERRED QUALIFICATIONS Masters Degree in Urban & Regional Planning, Architecture or closely related field; supplemented by five (5) years previous experience and/or training that includes urban planning, site plan review, community development, project management, architectural design, drafting & reading skill~ document development skills, and computer operations with preference for CAD experience; or any equivalent combination of education, training, and experience which provides the: requisite knowledge, skills, and abilities for this job. Must possess and maintain a valid Florida driver's license. PERFORMANCE APTITUDES Date Utilization: Requires the ability to evaluate, audit, deduce and/or assess data using established criteria. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to identify and select alternatives. Human Interaction: Requires the ability to perform in a public capacity. Equipment~ Machinery, Tools, and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of references, descriptive, advisory and/or design data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations involving basic algebraic principles and formulas, and basic geometric principles and calculations. Functional Reasoning: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership, and to exemise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. Susan Shares L:~uman resoumes~hurnanres6''~ '~RA Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving broader aspects of organizational programs and operations, moderately unsta~,le situations, or the direction, control and planning of an ent re program or set ~)f prograr~s. ADA COMPLIANCE Physical Ability: Tasks require the ability to exert very moderate physical effort in light work, typically involving some combination of stooping, kneeling, crouching and crawling, and which may involve some lifting, carrying, pushing and/or pulling of objects and materials of moderate weight (12-20 pounds). Sensory Requirements: Some tasks require the ability to perceive and discriminate visual cues or signals. Some tasks require the ability to communicate orally. = Er~vironmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as humidity, rain, temperature extremes, traffic hazards, or bright/dim light. The City of Boynton Beach Community Redevelopment Agency (CRA) is an Equal Opportunity Employer. In compliance with Equal Employment Opportunity guidelines and the Americans with Disabilities Act, the CRA provides reasonable accommodation to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. I have read and understand this classification description and hereby certify that I am qualified to perform this job, with or without reasonable accommodation. Name (pdnt) Employee Signature Date CRA Board Chair (print) CRA Board Chair (print) Date :- ', : -7299' Susan Shams L:~human resources~humanresources~CRA Planner Job Description 2004.doc Community R level6pment Agency Pay Plan 2004-2005 Revised December 15, 2004 Job Title Contract Exempt Annual Annual Position Non-Exempt Minimum Midpoint CRA Director Yes Exempt $80,000 $97,850 Assistant Director Yes Exempt $55,000 $65,663 Controller No Exempt $40,000 $50,213 Planner No Exempt $41,000 $49,220 Administrative Assistant No Exempt $ 33,500 $4 1,715 Bookkeeper No Exempt $30,000 $35,000 Secretary No Non-Exempt $18,000 $30,000 Annual Maximum $113,300 $74,675 ,$59,225 $61,525 $48,925 $45,000 $35,000 Non-exempt positions will be defined by the CRA Executive Director as needed and approved according to the hiring process of the CRA. 7300 Susan Shares L:~hurnan resources~hurnanresources~CRA Pay Plan 04-05 Revised.doc Fiscal Impact 2004/5 6 months ,,,, Salary $35,968.46 Taxes $ 2,751.58 Health Insurance $ 2,484.55 Dental Insurance $ 65.60 ST/LT Disability $ 282.36 Life Insurance $ 83.40 Total Payroll $41,635.95 Computer $ 1,500.00 Printer (Large Format Color Ink Jet) $ 2,500.00 Software $ 1,500.00 Fiscal Impact 2005/6 12 months $ 50,658.50 $ 3,875.37 $ 6,559.30 $ 157.44 $ 473.OO $ 170.16 $ 61,893.77 0.00 0.00 o.0q Total $ 47,135.95 $61,893.77 - -- 7301 L:khuman resourceskFiscal Impact planner2OO4.doc BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned lute Meefin~ Dates Turned Meetin~ Dates CRA Office into CRA Office [] January 13, 2004 December 30, 2003 (Noon.) [] July 13, 2004 June 29, 2004 (Noon) [] Febma~ 10, 2004 Jmaua~, 27, 2004 (Noon) [] August 10, 2004 July 27, 2004 (Noon) [] March 9, 2004 Febmm3, 24, 2004 (Noon) [] September 14, 2004 August 31, 2004 (Noon) [] April 13, 2004 March 30, 2004 (Noon) [] October 12, 2004 September 28, 2004 (Noon) [] May Il, 2004 April 27, 2004 (Noon) [] November 9, 2004 October 26, 2004 (Noon) [] June 8, 2004 May 25, 2004 (Noon) · December 14, 2004 November 30, 2004 (Noon) NATURE OF · Consent Agenda [] Old Business [] Legal- AGENDA ITEM [] Director's Repor~ [] New Business [] Future Agenda Items [] Other Item DATE: 11/24/2004 SUBJECT SUMMARY PARAGRAPH: This Request for Qualificetions is for a Full Service Hotel Feasibility Study for a Central Business Distdct Hotel proposed in the City of Boynton Beach. The study shall identify elements such as hotel size, services, proformas, projections, timing and/or phasing. The study shall identify key issues and/or elements required to site a facility in the target area. The study will profile potential business matches with owners, operators and/or hotel flags for the project. RECOMMENDATION: 1. Staff is recommending the approval of the Request for Qualifications of the Hotel Feasibility Study. 2. We are recommending that this RFQ be bested in the Palm Beach Post and Sun-Sentinel on December 19~h, 2004, to be run 2 times, with a due date of February 7~, 2005 and a opening date of February 8~, 2005. The Selection Committee Report will be completed for the March 8*, 2005 Board meeting for consideration. 3. We are recommending the following people for the Review and Selection Committee for the Hotel Feasibility Study RFQ: · Marie Horenburger · Diane Johnson · TBD EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) The CRA is anticipating a master site plan for the Bank of America property. The Hotel Feasibility Study will be used to recruit a Full Service Hotel as a key redevelopment element. We are requesting that the work be completed in 90 days from FRQ Award, FISCAL IMPACT: The funds are available for the study within the contracted service budget line item: ALTERNATIVES: An alternative is to not perform the study and loose the potential for a key/ee~omic generator for the CBD. Public Notice Request~for Quatlifications CRA RFQ No. 2004.3 Hotel Feasibility Study ISSUING ENTITY: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) PROPOSAL SUBMISSION DATE: FEBRUARY 7TM, 2005 AT 3:00pm SCOPE OF WORK The FIRM will provide the following services for the CRA when authorized. The scope is to develop a Full Service Hotel Feasibility Study-~-or a Central Business District Hotel proposed in the City of Boynton Beach. The study shall identify elements such as size, service, proformas, projections, timing and/or phasing. The study shall identify key issues and/or elements required to site a facility in the target area. The study will profile potential business matches with owners, operators and/or hotel flags for the project. It is proposed that the work shall be completed within 90 days after the award of the RFQ. RFQ SUBMITTAL This RFQ is the first step in the procurement process for the selection of the Hotel Feasibility Study. There will be no pre-submittal meeting for the RFQ. The PROPOSAL must be submitted no later than Date: February 7th, 2005 Time: 3:00pm. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) Attention: Douglas C. Hutchinson 639 E. Ocean Ave. Suite 103 Boynton Beach, FI 33435 For further information and RFQ Documents contact: Douglas C. Hutchinson at the above address or 561-737~3256 between 8:00 AM and 5:00 PM. 7303 Susan Shares L:\RFQ & RFP\rfq,rfp legal notice\Public Notice Hotel Feasibility Study.doc Boynton Beach Community Redevelopment Agency (CRA) Request for Qualifications CRA RFQ No: 2004-3 Hotel Feasibility Study REQUEST FOR QUALIFICATIONS ISSUING ENTITY: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY CONTACT PERSON: Douglas C. Hutchinson TELEPHONE NO. (561)737-3256 FAX NO. (561) 737-3258 RFQ ISSUE DATE: December 15th, 2004 ADDRESS FOR SUBMITTAL: Boynton Beach CRA 639 E. Ocean Avenue, Suite 103 Boynton Beach, Florida 33435 RFQ SUBMISSION DATE: February 7th, 2005 at 3:00pm (Eastern Standard Time) All RFQ's will receive a date stamp to provide conclusive proof of the timeliness of filing. All RFQ's received after the assigned date and time will not be considered. The RFQ's received on time will be opened publicly and read aloud. The CRA will in no way be responsible for delays caused by the United States Mail or any other delivery service caused by any other occurrence. 7304 _ - Page i of 18 Susan Shares L:\RFQ & RFP\RFQ Hotel Feas[ibility Study 2004-3.doc SPECIFICATIONS FOR RFQ FOR HOTEL FEASIBILITY STUDY SERVICES PART I - INTRODUCTION 1-1 WORK OBJECTIVE Boynton Beach Community Redevelopment Agency hereinafter referred to as "CRA" invites firms, individuals and / or solo practitioners hereinafter referred to as "FIRM" to submit qualifications for "A Full Service Hotel Feasibility Study." PARTII-SCOPE OFSERVICES SCOPE OF WORK TO BE PERFORMED The FIRM will provide the following services for the CRA when authorized. The scope is to develop a Full Service Hotel Feasibility Study for a Central Business District Hotel proposed in the City of Boynton Beach. The study shall identify elements such as Hotel size, services, proformas, projections, timing and/or phasing. The study shall identify key issues and/or elements required to site a facility in the target area. The study will profile potential business matches with owners, operators and/or hotel flags for the project. It is proposed that the work shall be completed within 90 days after the award of the RFQ. PART III - DESCRIPTION OF THE COMMUNITY REDEVELOPMENT AGENCY 3-1 NAME AND TELEPHONE NUMBER OF CONTACT PERSONS The FIRM's principal contact with the CRA will be the Douglas C. Hutchinson (561) 737-3256. There will be no independent communications between the FIRM and individual Board members of the CRA. 3-2 BACKGROUND INFORMATION The CRA serves an area of approximately 6 square miles. The CRA was created under Florida Statutes 163.356 in 1982 and has operated as a unit of a local government within the boundaries of the CRA in Boynton Beach. On October 1, 2002, the CRA was given independent status by!the City and is controlled by a (7) seven member appointed CRA Boa~'d. 7305 Page 2 of 18 Susan Shares L:\RFQ & RFP\RFQ Hotel Feasibility Study 2004-3.doc PART IV - RFQ REQUIREMENTR 4-1 SUBMISSION OF QUALIFICATIONS The FIRM must submit the following to be considered for this RFQ. An unbound original (so marked), ten (10) hard copies and (1) one digital copy of the RFQ are to be included. Title Page - Title page showing the RFQ's subject, the firm's name, addresses and telephone number, the contact's name and phone number and the date of the RFQ. Table of Contents - The table of contents of the RFQ should include a clear and complete identification of the materials submitted-by section and page number. Transmittal Letter. A signed letter of transmittal briefly stating that the FIRM has an understanding of the work to be done, the commitment to perform the work within the time period outlined in the contract, a statement why the FIRM believes itself to be best qualified to perform the engagement and a statement that the RFQ is a firm and irrevocable offer for ninety (90) days. Technical Qualifications. The detailed qualifications should follow the order set forth in Section 4-2 of this RFQ. 4-2 Qualifications must be submitted in a sealed envelope clearly marked with the name of the FIRM and CRA RFQ No. 2004-3 Hotel Feasibility Study. TECHNICAL QUALIFICATIONS General Requirements- The purpose of the Technical Qualifications is to demonstrate the qualifications, competence and capacity of the FIRM seeking to undertake the Full Service Hotel Feasibility Studv needs of the CRA. Technical Qualifications Section shall state the FIRM as well as the staff to be assigned to this engagement. The RFQ should provide a straightforward concise description of the FIRM's capabilities to satisfy the requirements of the RFQ. While additional data may be presented, the following subjects listed below must be included and they represent the criteria against which each RFQ will be evaluated. 2. Independence - The-FiRM sha prev de an affirmative statement that it is independent of the CRA'Staff and the CRA' Board. Page 3 of 18 7306 Susan Shares L:\RFQ & RFP\RFQ Hoter Feasibility Study 2004-3.doc The FIRM shall also describe any professional relationships with CRA Staff and/or CRA Board Members for the past five (5) years, together with a statement explaining why such r~lationships do not constitute a conflict of interest relative to performing the Hotel Feasibility Study. In addition, the FIRM shall give the CRA written notice of any such professional relationship entered into during the period of this agreement. License to Practice in Florida - An affirmative statement shall be included that the FIRM and all assigned key professional staff are properly licensed to practice in Florida. Firm Qualifications and Experience - The FIRM shall state the size of the firm, the location of the office from which the work on this engagement is to be preformed and the number and nature of the professional staff to be employed in this engagements. The FIRM shall provide information on the circumstances and status of any disciplinary action taken or pending against the FIRM or its staff during the past three (3) years with state regulatory bodies or professional organizations. The FIRM shall also describe any litigation or proceeding whereby, during the past two years, a court or any administrative agency has ruled against the FIRM or any staff member in any manner related to its professional activities. Similar information shall be provided for any current pending litigation. 5. Additional Information to be provided The FIRM shall indicate how the quality of staff over the term of the agreement will be assured. The FIRM shall indicate the in-house capabilities to provide technical support and consulting on this project. The FIRM shall indicate its experience in dealing with Full Service Hotel Development Projects and provide a list. The FIRM shall provide a list of at least five (5) references (include name, address and telephone numbers) that the CRA may contact. 6. Financial Information - The FIRM shall provide full disclosure of its financial position which will include (a) the most recent annual report; (b) 10-k and 10-Q if file~_ Or-the most recent audited financial statements for the past three fiscal years; (C) copies of the laT~3t0c}uarterly financial report; Page 4 of 18 Susan Shares L:\RFQ & RFP\RFQ Hotel Feasibility Study 2004-3.doc 5-2 5-3 (d) a statement regarding any material change in the mode of conducting business, bankruptcy proceeding and mergers or acquisitions for the past three years. % ,~ RFQ Copies - The FIRM shall submit an unbound original (clearly marked), ten (10) photocopies and (1) one digital copy of the RFQ should be submitted to the CRA, 639 E. Ocean Ave., Suite 103, Boynton Beach, Florida 33435. PART V - EVALUATION OF RFQ'R 5-1 EVALUATION METHOD AND CRITERIA Qualifications will be evaluated in accordance with weighted criteria listed below: 1. 30 Points - Experience in Full Service Hotel Feasibility Studies. 2. 25 Points - Experience in Deyelopment and Deal Structuring for similar projects; i.e. projects studied and projects built. 3. 25 Points - Awareness of Local, Regional, State and National issues as they relate to the project. 4. 20 Points - Reputation in the Industry. PROCUREMENT SCHEDULE After submission of the RFQ's, the Evaluation Selection Committee shall review each RFQ and rank them based on the Evaluation Method and Criteria noted within the Procurement Manual of the CRA. Some RFQ's may be selected for oral presentation in front of the Evaluation Selection Committee prior to a recommendation being presented to the CRA Board. The Evaluation Committee shall rank the RFQ's to be presented to the CRA Board for final ranking and selection, which may include an oral presentation or interview. FINAL SELECTION Based on the Evaluation Selection Committee's evaluation and possible oral presentation to the CRA Board, or both, the CRA Board will rank the RFQ's and authorize negotiations with the FIRM ranked the highest. The CRA Board will select the FIRM that meets the best interests of the CRA; The CRA Board shall be the sole judge of its own best interests and the RFQs. The CRA Board decisions will be final. 7308 Page 5 of 18 Susan Shares L:\RFQ & RFP\RFQ Hotel Feasibility Study 2004-3.doc The FIRM will be selected in a timely manner. Following notification of the firm selected, the CRA will expect ,a contract to be executed by the parties within thirty (30) days. PART VI - GENERAL CONDITIONS FOR FIRMS 6-1 FAMILIARITY WITH LAWS 6-2 The FIRM is assumed to be familiar with all Federal, State and Local laws, Ordinances, Rules and Regulations that in any manner affect Hotels and Incentives for 163 Statute CPA's. The FIRM will in no way be relieved from responsibility due to ignorance of any or all Federal, State and Local laws, Ordinances, Rules and Regulations. EXECUTION OF RFQ The RFQ must contain a manual signature of an authorized 'representative of the Firm. 6-3 RFQ DATES, PLACES AND TIMES The following are critical RFQ Dates: 1. Issue Date: Official date of issue as approved by the CRA Board. This RFQ issue date is: December 15th, 2004. Submission Date, Time and Place: The date that the response to the RFQ is due at the time and place specified herein. The submission date and place is: February 7th, 2005, 3:00pm at the CRA Offices 639 E. Ocean Blvd, Suite 103, Boynton Beach, Florida 33435. Opening Date, Time and Place: The date that the submissions will be opened in public. The opening will take place at the CRA Offices 639 E. Ocean Blvd, Suite 103, Boynton Beach, Florida 33435 at 10:00 am on February 8th, 2005. Review Date: The date that the selection review committee will meet to evaluate and rank the qualified submissions. The date is February 17th, 2005. CRA Consideration Date: The date that the CRA Board meets at a publicly posted meeting to consider the selection committee's -recommendations and award the RFQ. The Place, Date and Time are City Hall, March 8th, 2005 at 6:30pm. It is the FIRM's responsibility to assure that the RFQ is delivered at the proper time and place. The CRA will in no way b(~ respor~sible for delays caused by the United States Mail or any other delivery service or by any other occurrence. Page 6 ofi8 7309 Susan Shares L:\RFQ & RFP\RFQ Hote~ Feasibility Study 2004-3,doc 6-4 RFQs that for any reason are not so delivered will not be considered. RFQs by telegram or telephone will not be accepted. RIGHT TO REJECT RFQ The CRA reserves the right to reject any or all RFQs and to waive technical errors, or to accept any RFQs that is deemed as the best responsible FIRM and the most advantageous to the CRA. 6-5 EVALUATION FACTORS The CRA expressly reserves the right to: · Waive any defect, irregularity or informality in any RFQ or RFQ p~ocedure; · Reject or cancel any or all RFQs; · Reissue the RFQ Invitation; · Extend the RFQ opening time and date; · Procure any item by other means; · Increase or decrease the quantity specified in the RFQ invitation unless the FIRM specifies otherwise. $-6 STANDARDS Factors to be considered in determining whether the FIRM is responsible: · Availability of appropriate resources and expertise as indicate by the "FIRMS" to meet all contractual requirements; · A satisfactory record of performance; · A satisfactory record of integrity; · Qualified legally to Contract within the State of Florida and with the CRA; · Supplied all necessary information in connection with the inquiry concerning responsibility. 6-7 INFORMATION AND DESCRIPTIVE LITERATURE The FIRM must furnish all information requested in the RFQ. Further, as may be specified elsewhere, each FIRM must submit for evaluation descriptive literature and technical specifications covering the services offered. 6-8 INTERPRETATIONS Any questions concerning conditions and or specifications should be directed in writing to the CRA Office no later than five (5) days prior to the RFQ opening. ~ 73~10 Page 7 of 18 Susan Shams L:\RFQ & RFP\RFQ Hotel Feasibility Study 2004-3,doc 6-9 CONFLICTS OF INTEREST The award hereunder is subjec'[to any a~d all conflicts of interest that exist or may arise with the CRA Board, its Employees or Agents. 6-10 ADDENDA(S) From time to time, the CRA may issue an addendum to change the intent or to clarify the meaning of the P, FQ. Since all addenda(s) are available to the FIRM at the CRA Office, it is the FIRM responsibility to check with the CRA office and immediately secure ail addenda(s) before submitting a RFQ. 6-11 ESCALATOR CLAUSE Any RFQ, which is submitted subject to an escalator clause, will be rejected. 6-12 EXCEPTIONS Exceptions to any portion of this RFQ shall be concisely noted in the RFQ on a separate sheet marked "EXCEPTIONS TO RFQ" and this sheet shall be attached to the RFQ. 6-13 DISPUTES In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the CRA Board shall be final and binding on both parties. 6-14 GOVERNMENTAL RESTRICTIONS In the event any governmental restrictions may be imposed which would necessitate alteration of performance of the service offered on this RFQ, it shall be the responsibility of the successful FIRM to notify the CRA at once, indicating in a letter the specific regulation which required an alteration. The CRA reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract at no expense to the CRA. 6-15 LEGAL REQUIREMENTS Federal, State, County, and local laws, ordinances, rules,:.and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the FIRM will in no way be a cause for relief from responsibility. 731 ~ Page 8 of 18 Susan Shares L:\RFQ & RFP\RFQ Hotel Feasibility Study 2004-3.doc 6-16 ON PUBLIC ENTITY CRIMES All Request for Qualification [~vitations,~as defined by Section 287.012(11), Florida Statutes, requests for RFQs as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a RFQ on a contract or provide any goods or services to a public entity, may not submit a RFQ on a contract with a public entity for the construction or repair of a public building or public work, may not submit RFQs on leases of real property to a public entity, may not be awarded or perform work a~ a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of {he threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 6-17 ADVERTISING In submitting a RFQ, the FIRM agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE TO CONTRACT CONDITIONS". 6-18 ASSIGNMENT Any Purchase Order issued pursuant to this RFQ invitation and the monies, which may be come due hereunder, are not assignable except with the prior written approval of the CRA. Page 9 of 18 Susan Shares L:XRFQ & RFP\RFQ Hotel Feasibility Study 2004-3.doo 6-19 LIABILITY The FIRM shall hold and save t~e CRA, ~.s Board, its agents, its volunteers and its employees harmless from liability of any kind in the performance of any resulting Contract. CEO or Principal Agency of Corporation (Print) CEO or Principal Agency of Corporation Date Witness (Print) Witness Date 7313 £ Page 10 of 18 Susan Shares L:\RFQ & RFP\RFQ Hotel Feasibility Study 2004-3.doc ATTACHMENT 1 THE FIRMS ACKNOWLEDGEMENT Submit RFQs To: City of Boynton B~ch Community Redevelopment Agency 639 E. Ocean Avenue, Suite 103 Boynton Beach, FI 33435 Attn: Douglas C. Hutchinson RFQ Title: 2004-3 Hotel Feasibility Study RFQ Received By the FIRM (Name): By (Person): Date ,2005 RFQ Date and Time Received by CRA (CRA Use Only): Date: , 2005 Received By: CRA Staff. Time: = RFQ's will be opened in the CRA Office unless specified otherwise, Deadline for receiving this RFQ is scheduled for Date: February 7th, 2005. Time: 3:00pm and may not be withdrawn for ninety (90) days after such date and time. All awards made as a result of this RFQ shall conform to applicable policies of CRA and the requirement of state law. Name of FIRM: Business Name & Form: Mailing Address: Physical Address: City/State/Zip: Area Code: Area Code: E-Mail: Telephone Number: Fax Number: Authorized Signature Name Typed 7314 Page 11 of 18 THIS PAGE TO BE SUBMITTED ALONG WITH RFQ IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ATTACHMENT 2 ADDENDA BOYNTON BEACH CRA RFC) TITLE: CRA RFQ NO. 2004-3 HOTEL FEASIBILITY STUDY SERVICES FIRM'S NAME: DATE SUBMITTED: We propose and agree that if this RFQ is accepted to contract with the CRA, the FIRM will furnish all materials, equipment, transportation, labor, and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: The CRA Staff And having examined the following addendum we propose to perform the work of Hotel Feasibility Study according to the Contract documents and the following addenda, which we have received: ADDENDUM DATE ADDENDUM DATE Signature Date 7315 Page 12 of 18 THIS PAGE TO BE SUBMI'I-FED ALONG WITH RFQ IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ATTACHMENT 3 STATEMENT OF THE FIRM QUALIFICATIONS The FIRM submitting the RFQ shall prepare and sLlbmit the data requested in the following schedule of information, This data must be included in and made part of each RFQ document. Failure to comply with this instruction may be regarded as justification for rejecting the RFQ. 1. Name of the FIRM: 2. Business Address: Phone/Fax/E-Mail: When Organized: Where Incorporated: How many years have you been engaged in business under the present firm name? 9. 10. 11. Contracts On Hand: *Gross Amount: *Each Contract: Have you ever failed to complete any wOrk awarded to you? If so, where and why? * Have you ever defaulted on a contract? if so, where and why? * Experience in performance of work similar to this project. * Background and experience of principal members of your personnel, including officers. * List all lawsuits (related to similar projects (s)) to which you have been a party and which:* A. Arose from performance:* B. Occurred within the last 4 years:* C. Provide case number and type.* : 73i6 Page 13 of 18 THIS PAGE TO BE SUBMITTED ALONG WITH RFQ IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 12. Financial statement. (If requested). * Dated on: this __ day of "20 By (Written signature) Name (Printed or typed) Title * Attach additional sheets giving the information. 7317 Page 14 of 18 THIS PAGE TO BE SUBMITTED ALONG WITH RFQ IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE ,AND AOCEPTABLE ATTACHMENT 4 State of County of NONCOLLUSION AFFIDAVIT OF THE FIRM that: , being first duly sworn, deposes and says I am the (FIRM Title) of (Name of Corporation or Business Entity) that has submitted the attached RFQ: I am fully informed respecting the preparation and contents of the attached RFQ and of all pertinent circumstances respecting such RFQ. Said RFQ is genuine and is not a collusive or sham RFQ. Further, the said the FIRM nor any of its officers, partners, owners, agents, representatives, employees or: parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Firm or person to submit a collusive or sham RFQ in connection with the Contract for which the attached RFQ has been submitted or to refrain from proposing in connection with such Contract, or. has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other firm or person to fix the price or pdces in the attached RFQ or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other Firm, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Community Redevelopment Aqency (CRA) or any person interested in the proposed Contract. The qualifications quoted in the attached RFQ are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the FIRM or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed), (Title) Subscribed and sworn to before me This day of ,20 My commission expires Page 15 of 18 THIS PAGE TO SE SUBMITTED ALONG W~TH RFQ IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ATFACHMENT 5 ANTI.KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein proposed will be paid to any employees of the Boynton Beach CRA as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME-SIGNATURE Sworn and subscribed before me this day of 2005 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP 7~319 Page 16 of 15 THIS PAGE TO BE SUBMI'I-rED ALONG WITH RFQ IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE II. liP. ATTACHMENT 6 INSURANCE REQUIREMENTS General Liability The FIRM agrees to provide comprehensive General Liability Insurance for the benefit of the CRA with combined single limits of $1,000,000 per occurrence, for Bodily Injury and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as follows and shall include: Premises or Operation; Independent Contractors; Broad Form Property Damage; Broad Form Contractual Coverage applicable to this speSific Agreement, including any hold harmless or indemnification agreement; and Personal injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury liability and Property Damage Liability. The CRA and the City of Boynton Beach are to be included as "Additional Insured" with respect to liability arising out of services performed for the FIRM by or on behalf of the CRA or acts or omissions of the FIRM in connection with such services. Professional Liability The FIRM agrees to provide professional liability insurance for the benefit of the CRA with combined single limits of $1,000,000 per claim and which insures against errors and omissions by the FIRM, its sub contractors and other professionals. Worker's Compensation The FIRM agrees to provide Worker's Compensation and Employer's Liability Insurance for the benefit of the firm's employees, if required by law. Indemnification In performing its services hereunder, the FIRM will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the services are provided. It is agreed that the FIRM is not a fiduciary of the CRA. The FIRM and its officers, directors, employees, agents, consultants and sub contractors shall ~i~/~' emnify and hold harmless:the CRA or_ anyone claiming by, through or under %t1~ CRA or third partieS~' for any-~nd all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services under this agreement from any cause or causes, including but not limited to, the Page 17 of 18 V VI VII negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied. Automobile Liability The FIRM agrees to provide automobile liability insurance covering all owned, hired and non-owned automobile equipment. Limits: Bodily Injury - Property Damage - $100,000 each person $300,000 each occurrence $ 50,000 each occurrence Certificates of Insurance Before commencing pefiormance of this contract, the FIRM shall furnish the CRA with a duplicate Certificate of Insurance for the required insurance as specified above, which shall contain the following: A) B) C) Name of insurance carrier(s). Effective and expiration dates of policies. 30 days written notice by carrier of any cancellation or material change in any policy. Certificates of Insurance stating that the interests of the CRA are included as an additional named insured, and specifying the Project. Such insurance shall apply despite any insurance which the CRA may carry in its own name. Subcontractor Insurance The FIRM is advised to require all of its subcontractors to provide the aforementioned coverage as well as any other overages that The FIRM may consider necessary, and any deficiency in the overages or policy limits of any subcontractors will be the sole responsibility of The FIRM. 732~ Page 18 of 18 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned int.__~o Meefinn Dates Turned Meefin~ Dates CRA Office [] January 13, 2004 December 30, 2003 (Noon.) [] Suly 13, 2004 June 29, 2004 (Noon) [] Feb~ua~ 10, 2004 January 27, 2004 (Noon) [] August 10, 2004 Jtlly 27, 2004 (Noon) [] March 9, 2004 February 24, 2004 (Noon) [] September 14, 2004 August 31, 2004 (Noon) [] April 13, 2004 March 30, 2004 (Noon) [] October 12, 2004 September 28, 2004 (Noon) [] May 11, 2004 April 27, 2004 (Noon) [] November 9, 2004 October 26, 2004 (Noon) [] June 8, 2004 May 25, 2004 (Noon) · December 14, 2004 November 30, 2004 (Noon) NATURE OF · Consent Agenda [] Old Business [] Legal- AGENDA ITEM [] Director's Report [] New Business [] Future Agenda Items [] Other Item DATE: 12/05/2004 SUBJECT SUMMARY PARAGRAPH: This Request for Proposal (RFP) is for a Trolley Marketing Program Implementation. The RFP shall identify elements such as electronic marketing system, marketing plan elements, website, and development of a newspaper placement program, development of a direct marketing program, trolley signage and public relations. RECOMMENDATION: 1. Staff is recommending the approval of the Request for Proposal for the Trolley Marketing Program Implementation. 2. We are recommending that this RFQ be posted in the Palm Beach Post on December 15t~, 2004, to be run 2 times, with a due date of January 17th 2005 and a openng date of January 17th 2005. The Selection Committee Report will be completed for the February 8th, 2005 board meeting for consideration. 3. Review and Selection Committee for the Trolley Marketing Program Implementation RFP (TBD). EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) Staff contract with Creative Marketing for develop a Marketing Plan for the approved CRA Trolley. This Marketing Plan is included in your CRA Board package. Staff is recommending progressing onto the next phase, which is the implementation of the Marketing Plan for the Trolley program. FISCAL IMPACT: This Marketing Plan generates the projectad advertising income as presented in the 2004/2005 Budget. ALTERNATIVES: An alternative is to not execute the Trolley Marketing Program and possibly fall short~¢)~ the goals required for the MPO Grant. CRA Staff ~..,,,~ Hutchln~on, CRA Director 7322 Susan Shams C:\Susan_shared files~RFQ & RFP~CRA Agenda Item Request Marketing plan.doc Boynton Beach Community Redevelopment Agency (CRA) Requg~t for Prqposal CRA RFP No. 2004-04 BOYNTON BEACH CRA TROLLEY MARKETING PROGRAM IMPLEMENTATION REQUEST FOR PROPOSAL ISSUING ENTITY: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY CONTACT PERSON: DOUGLAS C. HUTCHINSON TELEPHONE NO. (561) 737-3256 FAX NO. (561) 737-3258 RFP ISSUE DATE: December '~5th, 2004 ADDRESS FOR SUBMI'FI'AL: Boynton Beach CRA 639 E. Ocean Ave. Suite 103 Boynton Beach, Florida 33435 RFP SUBMISSION DATE: January 17th, 2005, 3:00 pm (Eastern Standard Time) All RFP's will receive a date stamp to provide conclusive proof of the timeliness of filing. All RFP's received after the assigned date and time will not be considered. The RFP's received on time will be opened publicly and read aloud. The CRA will in no way be responsible for delays caused by the United States Mail or any other delivery service caused by any other occurrence. 7323 Page 1 of 23 Susan Shares C:~,Susan shared §los~FO & RFP~RFp Trolley Marketinf3 Pro, tarn.doc SPECIFICATIONS FOR RFP FOR 2004-04 BOYNTON BEACH CRA TROLLEY MARKETING PROGRAM IMPLEMENTAION PARTI-INTRODUCTION WORK OBJECTIVE Boynton Beach Community Redevelopment Agency, hereinafter know as the "CRA" is seeking qualifications from a Firm interested in providing "TROLLEY MARKETING PROGRAM IMPLEMENTATION", hereinafter known as the "PROPOSER". PARTII-SCOPE OF SERVICES 2-1 SCOPE OF WORK TO BE PERFORMED THE PROPOSER shall perform the Implementation of the Trolley Marketing services for the CRA as defined by the "Marketing plan of December 7th 2004. Marketing Plan Implementation 1. The sales of advertising direct to advertisers and through commissioned representatives. 2. The management of the web server and database. 3. The management of the card reader system. 4. The installation and maintenance of the card reader system, 5. The collection of data entry of the activation for the card reader system. 6. Manage the production of all events involving the Trolley system. 7. The management of the production of signage. 8. The management of marketing plans and projects. 9. Provide compliance for all Govemment Security Requirements. 10. Maintain the interface with the web site Trolley systems and the CRA/City web links. 11. Submit detail program schedule and budgets. 12. Provide market proformas for the three year Trolley Program broken down by year for all costs and expenses. Indicate which costs are fixed and which are variable. 13. Provide a plan to minimize the CRA exposure to down side losses. 14. The plan implementation shall, to the extent possible, be phasable and scalable. 15. The implementation contract will be for one year with two, one year extension options. 7324 Page 2 of 23 Susan Shares C:\Susan shared files~.FQ & RFP\RFP Trolley Marketing3 Prei3mrn.doc Marketing Plan Elements Electronic Marketing System Implement an electronic marketing system on the Trolley. Web Site Create and host a Trolley Web Site that provides the viewer with the following: 1. Information about the Trolley Schedule and Routes Advertisers that participate in the Trolley Program Events Trolley Services and Sponsors for Events Links to other key web sites Information to sign up for Trolley Card Program Define and Budget 3. 4. 5. 6. Newspaper & Media Develop a newspaper and media placement program with insertion schedule, artwork, co-op opportunities, etc. Define and Budget. Mailings Develop a direct mailing program with key schedules. Define and Budget. Trolley Brochures Create a brochure and the tri-fold with rider reward card that features and integrates all Marketing Plan elements. Define and Budget. Trolley Schedule & Maps Create innovative trolley schedule cards/brochures/maps. Define and Budget Events Recommend three total events in addition to the two "Kick off" events. Design and Budget for each. Exterior and Interior Trolley Signage Develop signage program including seasonal promotions, ad specials, etc... Public Relations Define Public Relations activities and budget. 7325 Page 3 of 23 Susan Shares C:~Susan shared files~RFQ & RFP',J:~FP Trolley Marketin~ Prooram.doc PART III - DESCRIPTION OF THE COMMUNITY REDEVELOPMENT AGENCY 3-1 NAME AND TELEPHONE NUMBER OF COI~TACT PERSONS THE PROPOSER's principal contact with the CRA will be Douglas C. Hutchinson at (561) 737-3256. There will be no independent communications between the PROPOSER and individual members of the CRA. 3-2 BACKGROUNDINFORMATION The CRA serves an area of approximately 6 square miles. The CRA was created under Flodda Statutes 163.356 in 1982 and has operated as a unit of a local government within the boundaries of the CRA in Boynton Beach. On October 1, 2002 the CRA was given independent status by the City and is controlled by a CRA Board. On December 7th, 2004, the CRA received a Marketing Plan. This plan-is the marketing the CRA is seeking to implement. A copy of this document is available at the CRA. PART IV - QUALIFICATION REQUIREMENTS 4-1 SUBMISSION OF QUALIFICATION The PROPOSER must submit the following to be considered for this RFP: An original (so marked) and ten (10) hard copies and (1) one digital copy of the RFP and one digital copy are to be included. 1. Title Page- Title page showing the RFP's subject, the firm's name, addresses and telephone number, the contact's name and phone number, and the date of the RFP. 2. Table of Contents- The table of contents of the RFP should include a clear and complete identification of the materials submitted by section and page number. 3. Transmittal Letter- A signed letter of transmittal briefly stating that the PROPOSER has an understanding of the work to be done, the commitment to perform the work in a timely manner, a statement why the PROPOSER believes itself to be best qualified to perform the engagement and a statement that the RFP is a firm and irrevocable offer for ninety (90) days. 4-2 4. Technical Qualifications- The detailed RFP should follow the order set forth in Section 4-2 of this RFP. 5. Proposed Contract - Contact addressing the requirements of the RFP. Qualifications must be submitted in a sealed envelope clearly marked with the name of The PROPOSER and CRA RFP No. 2004-04. TECHNICAL QUALIFICATI°NS: 7326 Page 4 of 23 Susan Sharos C:~.Susan shared fites~RFQ & RFP~RFP Trolley Matketin~l Pro,rom.doc General Requirements- The purpose of the Technical Qualifications is to demonstrate the qualifications, competence, and capacity of the PROPOSER seeking to undertake the 't~'olley Marketing needs of the CRA. The Technical Qualifications shall state the PROPOSER and the staff to be assigned to this engagement. The RFP should provide a straightforward concise description of the PROPOSER's capabilities to satisfy the requirements of the RFP and Scope of Work. While additional data may be presented, the following subjects listed below must be included and they represent the criteda against which each RFP will be evaluated. Independence- The PROPOSER should provide an affirmative statement that Pt is independent of the CRA and the CRA Board. The .PROPOSER shall also descdbe any professional relationships with any CRA Staff or CRA Board Members for the past five (5) years, together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the Trolley Marketing. In addition, the PROPOSER shall give the CRA written notice of any such professional relationships entered into during the pedod of this agreement. License to Practice in Florida- An affirmative statement should be included that the PROPOSER and all assigned key professional staff are properly licensed to practice in Flodda, Firm Qualifications and Experience- The PROPOSER shall state the size of the firm, the location of the office from which the work on this engagement is to be performed and the number and nature of the professional staff to be employed in this engagement. The PROPOSER shall provide information on the circumstances and status of any disciplinary action taken or pending against the PROPOSER or its staff during the past three (3) years with state regulatory bodies or professional organizations. The PROPOSER shall also describe any litigation or proceeding whereby, during the past two years, a court or any administrative agency has ruled against the PROPOSER and or any staff member in any manner related to its professional activities. Similar information shall be provided for any current pending litigation. Additional Information to be provided The PROPOSER shall indicate how the quality of staff over the term of the agreement will be assured. The PROPOSER shall indicate'the i0-h0Use-capabilities to provide technical support and consulting-on this prc~ject. 7327 Page 5 of 23 Susan Shares C:\Susan shared files\RFQ 8, RFP\RFP Trolley Market~nq Pro, ram.doc The PROPOSER shall indicate its experience in dealing with Trolley Marketing and provide a list of former I~?jects as ~/ell as present projects. The PROPOSER shall proved a list of at least five (5) references (name, address and telephone number) that the CRA may contract. Financial Information - The PROPOSER shall provide full disclosure of its financial position which will include (a) the most recent annual report; (b) 10-k and 10-Q if filed or the most recent audited financial statements for the past three fiscal years; (c) copies of the last quarterly financial report; (d) a statement regarding any material change in the mode of conducting business, bankruptcy proceeding and mergers or acquisitions for the past three years. RFP Copies - The PROPOSER shall submit an original (clearly marked), ten (10) photocopies and (1) one digital copy of the RFP to the CRA 639 E. Ocean Ave. Suite 103 Boynton Beach, Florida 33435. PART V - EVALUATION OF RFP 5-t EVALUATION METHOD AND CRITERIA Qualifications will be evaluated in accordance with the weighted criteria listed below: 1. 30 points. Proposer experiences in performing the Marketing Plan Elements. 2. 30 points. Plan execution concepts (innovations). 25 points. Knowledge of Area Market. 15 points, In-House capacity to perform Marketing Plan Elements. 5-2 PROCUREMENT SCHEDULE After submission of the RFP's, the Evaluation Selection Committee shall review each RFP and rank them based on the Evaluation Method and Criteria noted within this RFP and the Procurement Manual of the CRA. Some RFP's may be selected for oral presentation in front of the Evaluation Selection Committee prior to a recommendation being presented to the CRA Board. The Evaluation Selection Committee shall rank the RFP's to be presented to the CRA Board for final ranking and selection, which may include an oral presentation or interview. $-3 FINAL SELECTION Based on the Evaluation Selection Committee's review and possible oral presentation to the Evaluation Selection Committee, the CRA Board, or both, the CRA Board wilt rank the RFP's and authorize a contract with the PROPOSER ranked the highest. The CRA Board will select the PROPOSER that meets the best interests of the CRA. The CRA - . 73~8- Page 6 of 23 Susan Shams C:~,Susan shared ~es\RFO & RFI:~RFP Trolley Marketin~ pro~3ram.doc Board shall be the sole judge of its own best interests, the RFP's, and the resulting contract agreement. The CRA Board decisions will be final. The PROPOSER will be selected ~'fi a timely'h~anner. Following notification of the firm selected, the CRA will expect a contract to be executed by the parties within thirty (30) days. PART VI - GENERAL CONDITIONS FOR FIRMS 6-1 FAMILIARITY WITH LAWS 6-2 6-3 The PROPOSER is assumed to be familiar with all Federal, State, and Local laws, Ordinances, Rules and Regulations that in any manner affect Trolley Marketing. The PROPOSER will in no way be relieved from responsibility due to ignorance of any or all Federal, State, and Local laws, Ordinances, Rules, and Regulations. EXECUTION OF RFP RFP's must .contain a manual signature of an authorized representative of the PROPOSER. RFP OPENING RFP's shall be opened in public on the date as specified in the RFP. It is The PROPOSER responsibility to assure that the RFP is delivered at the proper time and place. The CRA will in no way be responsible for delays caused by the United States Mail or any other delivery service or by any other occurrence. RFP's, which for any reason are not so delivered, will not be considered. RFP's by telegram or telephone will not be accepted. 6-4 RIGHT TO REJECT RFP 6-5 The CRA reserves the right to reject any or all RFP's and to waive technical errors, or to accept any RFP's that are in part deemed as the best responsible PROPOSER and the most advantageous to the CRA. EVALUATION FACTORS The CRA expressly reserves the right to: · Waive any defect, irregularity or informality in any RFP or RFP procedure; · Reject or cancel any or alt RFP's; · Reissue the RFP Invitation; · Extend the RFP opening time and date; · Procure any item by other means; · Increase or decrease the quantity specified in the RFP Invitation unless The PROPOSER specifies otherwise. Page 7 of 23 Susan Shaffis C:'~Susan shared files~FQ & RFP',.RFP Trolley Ma~etinfl Prof3ram.doc : 6-6 STANDARDS Factors to be considered in determi?ng whethter the PROPOSER is responsible: · Availability of appropriate resources and expertise as indicated by the PROPOSER to meet all contractual requirements; · A satisfactory record of performance; · A satisfactory record of integrity; · Qualified legally to Contract within the State of Florida and with the CRA; · Supplied all necessary information in connection with the inquiry concerning responsibility. 6-7 INFORMATION AND DESCRIPTIVE LITERATURE The PROPOSER must furnish all information requested in the RFP. Further, as may be specified elsewhere, each PROPOSER must submit for evaluation dese. riptive literature and technical specifications coveting the services offered. 6-8 6-9 6-10 6-11 6-12 6-13 INTERPRETATIONS Any questions concerning conditions or specifications should be directed in writing to the CRA Office no later than five (5) days prior to the RFP opening. CONFLICTS OF INTEREST The award hereunder is subject to any and all conflicts of interest that exist or may arise with the CRA Board, its employees or agents. ADDENDA (S) From time to time, the CRA may issue an addendum to change the intent or to clarify the meaning of the RFP. Since all addenda(s) are available to The PROPOSER at the CRA Office, it is the PROPOSER's responsibility to check with the CRA office and immediately secure all addenda(s) before submitting a RFP. ESCALATOR CLAUSE Any RFP, which is submitted subject to an escalator clause, witl be rejected. EXCEPTIONS Exceptions to any portion of this RFP shall be concisely noted in the RFP on a separate sheet marked "EXCEPTIONS TO RFP" and this sheet shall be attached to the RFP. DISPUTES In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the CRA Board shall be final and binding on both parties. ; 7339 Page 8 of 23 Susan Shares C:~Susan shared files~'RFQ & RFFARFP Trolley Markedn~ Pro, ram.doc 6-14 GOVERNMENTAL RESTRICTIONS In the event any governmental r~,~tdctions hlay be imposed which would necessitate alteration of performance of the service offered on this RFP, it shall be the responsibility of the successful PROPOSER to notify the CRA at once, indicating in a letter the specific regulation, which required an alteration. The CRA reserves the dght to accept any such alterations, including any pdce adjustments occasioned thereby, or to cancel the contract at no expense to the CRA. 6-t5 LEGAL REQUIREMENTS 6-16 Federal, State, County, and Local Laws, Ordinances, Rules, and Regulations that in any manner affect the items covered herein apply. Lack of knowledge by the PROPOSER will in no way be a cause for relief from responsibility. ON PUBLIC ENTITY CRIMES All RFP Invitations as defined by Section 287.012(11), Florida Statutes, requests for RFP's as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Flodda Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity cdme may not submit a RFP on a contract or provide any goods or services to a public entity, may not submit a RFP on a contract with a public entity for the construction or repair of a public building or public work, may not submit RFP's on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY 'I'WO for a pedod of 36 months from the date of being placed on the convicted vendor list". 6-t7 ADVERTISING In submitting a RFP, the PROPOSER agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE TO CONTRACT CONDITIONS'. 6-t8 ASSIGNMENT Any Purchase Order issued pursuant to this RFP invitation and the monies, which may be come due hereunder, are not assignable except with the prior written approval of the CRA. 7331 Page 9 of 23 Susan Shares C:~Susan shared files~RFO a RFP~RFP Trolley Mad(etin~ Pro, ram.doc : 6-t9 LIABILITY The PROPOSER shall hold and save the CRA; its Board, its agents, its volunteers and its employees harmless from liability of any kind in the performance of any resulting contract. CEO or Principal Agent of Corporation (Print) CEO or Principal Agent of Corporation Date Witness (Print) Witness Date Page 10 of 23 Susan Shams C:~usan shared ~es~RFO & RFP\RFP Tmllev Ma~etinQ proQram.doc ATTACHMENT t THE PROPOSER ACKNOWLEDGEMENT Submit RFP's To: Boynton Beach, Community Redevelopment Agency (CRA) 639 E. Ocean Ave. Suite 103 Boynton Beach, FI 33435 Douglas C. Hutchinson RFP Title: CRA RFP No 2004 - 04 RFP Received By: January 17~h, 2005 Eastern Standard Time NO later than 3:00pm RFP Date and Time Received (CRA Use Only): RFP's wilt be opened in the CRA Office unless specified otherwise. Deadline~or receiving this RFP is scheduled for: January 17th, 2005 and may not be withdrawn for ninet~ (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable policies of the CRA and the requi6ement of state law. Name of Proposer: Business Name & Form: Mailing Address: Physical Address: City/State/Zip: Area Code: Telephone Number: Area Code: Fax Number: E-Maih Authorized Signature Name Typed 7333 Page 11 of 23 ATTACHMENT 2 City of~Boynton Beach Community Redevelopment Agency (CRA) CONTRACT FOR 2004-04 BOYNTON BEACH CRA TROLLEY MARKETING PROGRAM IMPLEMENTATION THIS IS AN AGREEMENT, entered into this day of , between the CRA of The Boynton Beach Community Redevelopment Agency, hereinafter referred to as "CRA", and , a Professional Business, authorized to do business in the State of Flodda, hereinafter referred to as the "PROPOSER." 1. SCOPE OF SERVICES: TERM: The term of the agreement shall commence no more than Thirty (30) days from the signing of the contract. = TIMING OF THE WORK: PROPOSER shall use reasonable efforts, subject to laws, regulations, and professional standards applicable to complete the services required in accordance with date of this contract. · CRA understands that the proper and timely completion of PROPOSER's services hereunder require the reasonable cooperation of CRA and their agents. CRA agrees to provide all such reasonable cooperation requested by the PROPOSER. · PROPOSER agrees to be responsible for the performance of the employees of the CRA. COMPENSATION: · Compensation for the dollars ($. services, as defined in Section 1, shall be Optional Item Pdcing dotlars. ($ ) o dollars. ($ ) o dollars. ($ ) o PROPOSER will invoice the CRA for Trolley Marketing services as work progresses and will be payable on presentation as follows: (Submit Schedule) Page 12 of 23 THIS PAGE TO BE SUBMll-FED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED = It is expressly understood that an~~ incidenta't or out-of-pocket costs incurred by The PROPOSER are covered by the total compensation and are not to be billed separately. Fee schedule for Trolley Marketing Program Implementation and additional services ara affached as Exhibit Invoices received from The PROPOSER pursuant to this agreement will be reviewed and approved by the Controller, indicating that services have been rendered in conformity with the agreement. CHANGES IN SERVICES: The CRA and the PROPOSER recognize that the scope of services and compensation under this agreement are predicated upon current laws, regulations, and professional standards relating to such services. The CRA and the PROPOSER further recognize that the scope of~services and compensation under this agreement are predicated upon expectations of reasonable cooperation with the PROPOSER by CRA pursuant to this agreement, and the absence of any irregularities or extraordinary circumstances, which might necessitate the extension of Trolley Marketing Pregrem Implementation services beyond the normal scope of services. Should irregularities increase in the level of services required under applicable law, regulations or professional standards, or other unforeseen conditions be encountered which might necessitate the extension of Trolley Marketing Program Implementation work beyond the scope of normal procedures, the PROPOSER agrees to advise the CRA promptly in wdting of the circumstances. In addition, the PROPOSER shall request an equitable adjustment in the maximum fee before significant additional time is incurred by the PROPOSER. Any such requests for adjustments shall be in writing and shall contain a detailed explanation of why the adjustments are necessary. The CRA and the PROPOSER agree to negotiate in good faith to determine an equitable adjustment in the maximum fee. Should the CRA and the PROPOSER be unable to agree upon an equitable adjustment within 14 days of the PROPOSER's written request, or such other time as agreed upon in writing by the CRA and the PROPOSER, either party may, notwithstanding any other provision in the agreement, terminate this agreement upon seven (7) days notice to the other party. The CRA shall be liable for time charges actually incurred by the PROPOSER except for any such additional time, which has been included because of the circumstances necessitating adjustment. ADDITIONAL SERVICES: In the event that the CRA and the PROPOSER mutually agree that the PROPOSER will provide additional services, the terms and total fees are negotiated separately for each proposed project. ~ 7335 P~el3of~ THISPAGETO BESUBMITTEDALONG WITH RFPIN ORDERFORP^GKAGETOBEGONSIDERED TRUTH-IN-NEGOTIATION CERTIFICATE: Signature of this agreement by th~ PROPOSER shall act as the execution of truth-in- negotiation certificate certifying that the estimated time charges and expense used to determine the compensation provided for in this agreement are accurate, complete, and current as of the date of this agreement. FIELD WORK: The PROPOSER shall use reasonable efforts, subject to laws, regulations, and professional standards applicable to the services hereunder to complete the fieldwork at such time necessary to meet the timing requirements. SUPPORT PERSONNEL: Throughout this contract for Trolley Marketing Program Implementation services, CRA Staff will be made available by the PROPOSER to provide assistance for tasks, such as identifying locations of required maps and structures, and supporting information, with the realization that support personnel must be given consideration to effectively perform day-to-day requirements. 10. CANCELLATION OF AGREEMENT: Either the CRA or the PROPOSER FIRM may cancel this agreement for this agreement by written notice to the other party given not later than seven (7) days. The parties agree that such cenceilation on its part shall be only for cause and after appropriate discussion with the other party. Notwithstanding the foregoing paragraph of this section, the PROPOSER may resign or the CRA may terminate the PROPOSER as the CRA'S PROPOSER and terminate this agreement at any time as required in accordance with the laws, regulations, and professional standards applicable to the type of services provided under this agreement. EXCUSABLE DELAYS: The PROPOSER shall not' be considered in default because of any failure in performance if such failure adses out of causes reasonably beyond the PROPOSER's control and without its fault or negligence. Such causes may include, but are not limited to, acts of God, natural, or public health emergencies. 12. CONTINGENT FEES: The PROPOSER warrants that it has not employed or retained any company or person to solicit or secure this agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other that a bona fide employee working solely for the PROPOSER any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making the agreement. ~733d Pete 14 of 23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED t5. 13. 14. NON-DISCRIMINATION: The PROPOSER warrants and rel~resents tti~t all of its employees are treated equally during employment without regard to race, color, religion, sex, age, or national origin. INDEPENDENT CONSULTANT RELATIONSHIP: The PROPOSER is, and shall be, in the performance of all work services and activities under this agreement, an Independent Contractor, and not an employee, agent, or servant of the CRA. APl persons engaged in any of the work or services performed pursuant to this agreement shall, at all times, and in all places, be subject to the PROPOSER's sole direction, supervision, and control. The PROPOSER shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the PROPOSER's relationship and the relationship of its employees to the CRA shall be that of an Independent Contractor and not as employees or agents of the CRA. ' The PROPOSER does not have the power or authority to bind the CRA in any promise, agreement, or representation other than specifically provided for in this agreement. SEPARABILITY: If any term or provision of this agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this agreement or the application of such terms or provisions, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this agreement shall be deemed valid and enforceable to the extent permitted by law. 16. ENTIRETY OF CONTRACTUAL AGREEMENT: The CRA and the PROPOSER agree that this agreement sets forth the entire agreement between the parties, in addition there are no promises or understandings other than those stated herein. None of the provisions, terms, and conditions contained in this agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 17. AMENDMENTS AND MODIFICATIONS: No amendments and/or modifications of this agreement shall be valid unless in writing and signed by each of the parties. 7337 Page 15 of 23 THIS PAGE TO BE SUBMB I ~-O ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED NOTICE: All notices required in this agreement shatl b~ considered delivered when received by certified mail, return receipt requested, or personal delivery and if sent to the CRA, shall be mailed to: Douglas Hutchinson, CRA Executive Director City of Boynton Beach, Community Redevelopment Agency 639 E. Ocean Ave. Suite 103 Boynton Beach, FL 33435 In addition, if sent to the PROPOSER, shall be mailed to: Firm: Contact: Address: 19. INSURANCE: The PROPOSER FIRM shall obtain all insurance required by the CRA as shown on Attachment "7" which becomes a part of this agreement. The insurance must remain in force throughout the terms of this agreement. 20. VENUE: Any disputes arising out of this agreement shall be filed in the 15th Judicial Circuit Court in and for Palm Beach County, Florida or the Southern Distdct Court of Flodda if filed in U.S. Federal Court. WHEREFORE, the parties have signed this agreement on the date first above wdtten. PROPOSER BOYNTON BEACH CRA By: · By:, Name & Title Chairman Witness: Witness: 7338 Page 16 of 23 THIS PAGE TO BE SUBMI'CrED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED ATTACHMENT 3 ~DDENDATM BOYNTON BEACH CRA RFP TITLE: CRA RFP NO. 2004-04 BOYNTON BEACH CRA TROLLEY MARKETING PROGRAM IMPLEMENTATION SERVICES FIRM'S NAME: DATE SUBMITTED: We propose and agree that if this RFP is accepted to contract with the CRA, the FIRM will furnish all materials, equipment, transpor[ation, labor, and services- necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: The CRA Staff And having examined the following addendum we propose to perform the work of Central Business Distdct Trolley Marketing Program Implementation Service according to the Contract documents and the following addenda, which we have received: ADDENDUM DATE ADDENDUM DATE Signature Date '- - - '7339 Page 17 of 23 THIS PAGE TO BE SUBMI'CI'ED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED Attachment ~4 STATEMENT OF THE PROPOSER QUALIFICATIONS The PROPOSER submitting the RFP shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP. 1. Name of the PROPOSER: Business Address: Phone/Fax/E-Mail: When Organized: Where Incorporated: How many years have you been engaged in business under the present firm name? 9. Contracts on hand: *GROSS AMOUNT: *EACH CONTRACT Have you ever failed to complete any work awarded to you? If so, where and why? * Have you ever defaulted on a contract? if so, where and why? * Experience in performance of work similar to this project. * Background and experience of principal members of your personnel, including officers. * List all lawsuits (related to similar projects (s)) to which you have been a party and which:* A. Arose from performance:* B. Occurred within the last 4 years:* C. Provide case number and type,* 7340 Ir'age ]8 of 23 THIS PAGE TO BE SUBMI'I-I-ED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED 12. Financial statement. (If requested). * · Attach additional sheets gMng the information Dated on: this day of 20 By (Written signature) Name Title (Printed or typed) 7341 Page 19 of 23 THiS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED ~C)MPl I=TI= AND AC;C..I=PTARi I:: ATTACHMENT 5 State of NONCOLLUSlON AFFIDAVIT OF THE PROPOSER County of ) that: , being first duly sworn, deposes and says I am the PROPOSER (Title) of , (Name of Corporation or Business Entity) that has submitted the attached RFP: I am fully informed respecting the preparation and contents of the attached RFP and of all pertinent circumstances respecting such RFP. Said RFP is genuine and is not a collusive or sham RFP. Further, the said PROPOSER nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived~ or agreed, directly or indirectly with any other Firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other firm or person to fix the price or prices in the attached RFP or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other Firm, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Community Redevelopment Agency (CRA) or any person interested in the proposed Contract. The qualifications quoted in the attached RFP are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the PROPOSER or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) Subscribed and sworn to before me This day of ,20 My commission expires 7342 Page 20 0:['23 STATE Of FLORIDA ) : SS COUNTY OF PALM BEACH ) ATTACHMENT 6 ANTI-KICKBACK AFFIDAVIT I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein proposed will be paid to any employees of the Boynton Beach CRA as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of 2004 Pdnted Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP .7345. Page 21 of 23 II. Iii. IV. V ATTACHMENT 7 INSURANCE REQUIREMENTS General Liability The PROPOSER agrees to provide comprehensive General Liability Insurance for the benefit of the CRA with combined single limits of $1,000,000 per occurrence, for Bodily Injury and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as follows and shall include: Premises or Operation; Independent Contractors; Broad Form Property Damage; Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless or indemnification agreement; and Personal Injury Coverage with Employee and Contractual ExclusTons removed with minimum limits of coverage equal to those required for Bodily Injury liability and Property Damage Liability. · The CRA is to be included as "Additional Insured" with respect to liability arising out of services performed for the PROPOSER by or on behalf of the CRA or acts or omissions of the PROPOSER in connection with such services. Professional Liability The PROPOSER agrees to provide professional liability insurance for the benefit of the CRA with combined single limits of $1,000,000 per claim and which insures against errors and omissions by the PROPOSER, its sub contractors and other professionals. Worker's Compensation The PROPOSER agrees to provide Worker's Compensation and Employer's Liability Insurance for the benefit of the firm's employees, if required by law. Indemnification In performing its services hereunder, the PROPOSER will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the services are provided. It is agreed that the PROPOSER is not a fiduciary of the CRA. The PROPOSER and its officers, directors, employees, agents, consultants and sub contractors shall indemnify and hold harmless the CRA or anyone claiming by, through or under the CRA or third parties, for any and all claims, losses, costs or damages whatsoever adsing out of, resulting from or in any way related to the services under this agreement from any cause or causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied· Automobile Liability 7344 £ The PROPOSER agrees to provide Business Automobile Liability coverage to include bodily injury and property damage arising out of ownership, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use. Limits: Bodily Injury - Property Damage- $100,000 each person $ 300,'CO0 each eccurrence $ 50,000 each occurrence VI VII Certificates of Insurance Before commencing performance of this contract, the PROPOSER shall furnish the CRA with a duplicate Certificate of Insurance for the required insurance as specified above, which shall contain the following: A) B) C) D) Name of insurance carrier(s). Effective and expiration dates of policies. 30-days written notice by carrier of any cancellation or material change in any policy. - Certificates of Insurance stating that the interests of the CRA are included as an additional named insured, and specifying the Project. Such insurance shall apply despite any insurance, which the CRA may carry in its own name. Subcontractor Insurance The PROPOSER is advised to require all of its subcontractors to provide the aforementioned coverage as well as any other overages that the PROPOSER may consider necessary, and any deficiency in the overages or policy limits of any subcontractors will be the sole responsibility of the PROPOSER. 7345 BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM [] 3anuary 13, 2004 ~mab~r 30, 2003 (Noo~) [] July 13, 2004 Ju~ 29, 2004 (Noon) [] February 10, 2004 Jaaua~ 27, 2004 (Noon) [] August 10, 2004 July 27, 2004 (Noon) [] March 9, 2004 Febraaty 24, 2004 (Noon) [] Sepl~m~ber 14, 2004 August 31, 2004 (Noon) [] April 13, 2004 March 30, 2004 (Noon) [] October 12, 2004 September 28, 2004 (Noon) [] May 11, 2004 April 27, 2004 (Noon) [] November 9, 2004 October 26, 20~4 (Noon) [] June 8, 2004 May 25, 2004 (Noon) · December 14, 2004 Novemb~ 30, 2004 NATURE OF [] Consent Agenda [] Old Business [] Legal-_ AGENDA ri'ElM [] Director's Report · New Business [] Future Agenda Items [] Other Item DATE: 12/06/2004 SUBJECT SUMMARY PARAGRAPH: The CRA and the City have been requested to grant a twelve (12) month extension for the Arches site plan. The CRA's Incentives Agreement gave a two year period for the project to comply and qualify for incentives. This leaves time for the project to try to meet its agreement without the CRA again extending current incentives. RECOMMENDATION: Staff feels that the intent of the Incentives Agreement is to coincide with the site plan, therefore if the E~oard extends the site plan, that the Board also extends Incentives. This keeps dates and tracking together. EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) FISCAL IMPACT: None - This has alreedy been budgeted. ALTERNATIVES: Note that the Incentives ara site plan linked so no site plan extension would mean that the CRA Incentives are cancelled. ~Dircctor 7346 Susan Shares R:~Memo's~CRA Agenda Item Reque~ Arches Exten~on 12_04.doc IX. Commission Action Edward Medical Building Barr Property 7347 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at bis meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The CRA shall furnish appropriate auxihary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA, Please contact Douglas Hutchinson at 561-737-3256 at least twenty~four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. BOYNTON BEACH CRA AGENDA ITEM REQUEST FORM [] January 13, 2004 ~ 30, 2003 (Noo~) [] July 13, 2004 [] February 10, 2004 January 27, 2004 (Noon) [] August 10, 2004 [] March 9, 2004 February 24, 2004 (Noon) [] Sept~nber 14, 2004 [] Ap~I 13, 2004 March 30, 2004 (Noon) [] Oc¢ob~r 12, 2004 [] May 11, 2004 April 27, 2004 (No~) [] Novemb*r 9, 2004 [] June 8, 2004 May 25, 2004 (Noon) · Dec~nb~r 14, 2004 Dine laVaml Materials Mest be Turned into CRA Om~e 2une 29, 2004 ('Noon) .July 27, 2004 (Noon) August 31, 2004 (No~n) September 28, 2004 (Noon) October 26, 2004 (Noon) Nov~al~r 30, 2004 (Noon) NATURE OF [] Consent Agenda [] Old Business [] Legal_ AGENDA ITEM [] Director's Repor~ [] New Business [] Future Agenda Items · Other Item DATE: 12/06/2004 SUBJECT SUMMARY PARAGRAPH: The following is the City Commission motions for Edward Medical Building and Ban' Property. RECOMMENDATION: EXPLANATION: (Background of the issue: Who, What, Where, When, How, Etc.) Edward Medical Buildiml (NWSP 04-112} Aooroved 3908 North Federal Highway - Request for a new site plan approval for an. 11,796 square foot medical office building in the C-3 zoning district, subject to ail Conditions of Approval. Motion Passed 5-0. Bar Prooerty (NWSP 04-013) - Tabled 1801 NE 4~ S~reet - Requests new site plan approval for a 180-unit town home development on a 9.88 acre parcel in a proposed PUD zoning district. Motion passed 5-0. FISCAL IMPACT: CRA Director Susan ,Shares R:~&~nO's~CRA Age.la Item Request.doc 7348 X. Director's Report 7349 ,A~.y person why decides to appeal any decision of the Commtmity Redevelopment Board with res ect ' :his meeting wil/ need a record of the ~roceedin,,s a,,,~ ~ ...... u · _ p to any matter considered at · - ~ ...... ~ purpose may neect to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon wb/c? the appeal is to be based. The CPA shall furnish appropriate anxi[iary aids and services where necessary to afford an ind/viduai with a disability an equal opportunity to ~articipate 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 /n order for the CRA to reasonably accommodate your request. MEMO To: From: Date: Subject: CRA Board Douglas Hutchinson December 1, 2004 CRA Activities Way-Finding Signage Program - Staff has been working with Paul Kellner of Guidance Pathways, Inc., on the perm~ting issues. SV Design Guidelines Overlay~ - The document has been given back to RMPK Group for the ¢ next revision. We are now working with City Staff to move through the Mixed-Use issue. The project is about 80% complete. DH Unified Update CRA Plan: Staff is workin.q with RMPK to complete this comprehensive document. The project is about 80% completed. DH Land Development Regulation (LDR). LDR re-write will be by the City of Boynton Beach Staff and the CRA. ~ect is about 25% complete. DH Museum Feasibility Study Team - Final study .is not here. An Executive Summary has been distributed the CRA Board Members and the City. Site study details need to be further explored. DH Genesis Business Program - .The mentors have beClan meetinR with each candidate. We have received several applications from potential interns. The Interns will be interviewed the second week of December with a projected start date of January after the holidays. Grants Update 7350 Delray-Boynton Academy, St. Marks Church, Colonial Condn Association and S~lefish Realty are movin.q forward with their projects and are near ~ompletion. The First Baptist Church located on the corner of Seacrest and Boynton Beach Boulevard are applyin.q for a Facade Grant for their parkin.q IoL Ti,ds .qrant:.is in your CRA Board ~)acka_ee materials under the consent a.qenda. Innovative Window, which was one of our first Re.clions Core Grant recipients is 95% complete. They have hired a total of 22 employees, which is lO additional position above the requirements of the .qrant. Our first Self. Assembly .qrant is movin.cl forward with schedulin.q the appraisals by Miller with the property owners. Trolley Update - Staff is workin.q with the City of Boynton Beach and s~qn companies to acquire trolley si.qn7 which will be posted at each trolley stop location. Our contractor Molly's Trolleys is movin.q forward with their hirin.q process so they will be prepared to beRin. The Marketin.q Plan is in the final sta.qes and Staff will be brin.qin.q forward an RFP to implement the MarketinR Plan. SV Police Activity Report- Please find attached. SV. Web Site Activity Report- November attached. AG. Events - The "State-of-the-CRA" & Reco.qnition Event and the Development Fair despite reschedulin.q were well attended. Each event received hi.qh praise as been informational and timely. The Development Fair .qave builders, small business owners, lendin.q institutions and other supportin.q industry professionals the opportunity to network in a relaxed environment. This approach was successful because participants while hun.qry for the information cannot take the time out of their daily schedule to visit with each other. This event served as a platform for information, rumor control and tied all the elements to.qether to shed Ii.qht on the b~q picture of what is been accomplished. The "State of the CRA" also provide an opportunity to the Community to network with each other and .qet first had information about what is ¢~oing on within the CRA boundaries. The Speaker Barbara Wold .qave attendees information that is timely and applicable. Pictures of both events can be viewed on the CRA Web site. AG. 7351 EEEEIEEE EE E 735: E ~ E '7358 7359 TO: CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM Lisa Lillie, DATE: December 4th, 2004 FII,E: FROM: Special Services Adiministrative Sergeant R~avis, Police Officer, C.R.A. Unit SUBJECT: REFERENCES: ENCLOSURES: C.R.A. Unit Monthly for November 2004 C.R.A. Unit Monthly- November 2004 · The Heart of Boynton Officers assisted road patrol with a variety of calls within this area.. · The Heart of Boynton Officers had 70 traffic contacts which led to a traffic arrest, several citations and warnings. ~ · Officers also made other arrests for outstanding arrest warrants, felony narcotics crimes, and other crimes involving violence. · The officers continued to meet with the business owners and talk with citizens who live in the'area. · The Central Business District Officers assisted road patrol with a variety calls for service within this area. · Ofc. Danysh completed several Police Explorers meetings and functions. · The officers continued to enfome traffic laws within this area. This led to 51 traffic contacts and several traffic arrests. · The Central Business District Officers also made several warrant arrests. Upcoming activities- December 2004 · The Heart of Boynton Officers will be working with Code Enforcement to follow up on storm damaged residences and to meet with residences to determine what other resources may be needed. Scott Blasie, from Code Enforcement, has contacted Asst Chief Smith and indicated his desire for cOde enforcement officers and the CRA officers to work even more closely to address issues in the area. Officers are still attempting to locate multiple owners of vacant buildings due to criminal activity now occurring a~ those locations. Trespass agreements should follow. · The Central Business District Officers will be continuing to enforce traffic laws within the area. · Due to the upcoming Holiday season officers will continue to conduct extra patrols of restaurants and closed businesses within the area to deter criminal activity. · With the Holiday Season arriving, Officers will continue to be very visible within C.R.A. areas. This will include a large amount of bike patrol to allow for more direct interaction with members of the business community, and general public. · The CRA cars are in and should begin service in December. 7360 CRA UNIT MONTHLY Date: 12-4-04 :~.. ~. Completing Officer: R. DAVIS Vehicle # VAKIOUS Beginning Mileage: Vehicle # Beginning Mileage: Total Hours Worked: 512,5 Total Hours (vac/comp/personal/auth leave): 92 MonffJYear: 11-2004 Mileage Total: 1399 Mileage Total: Total Arrests: 20 Reports: Burglar': 1 Police Assists: 5 Other Thefts: 1 Alarms: Other: Other Recovered Property: Suspicious Person: Civil Assist: 2 Weapons Related: Suspicious Vehicle: Abandoned Vehicle: 1 Vehicle Towed: Stolen Vehicle: Recovered Vehicle: Battery: 2 Assault: Vandalism: Domestic Violence: 4 Narcotic Related: I Citations: 48 Warnings: 73 Pa~king Citations: 1 AAR's: I PAR's: 1 Total Traffic Contacts: 121 Crashes: Disturbance: Communi Service: Business Owner Visits: 243 Total Community Meetings: Citizen Interactions: 393 Attended: 0 Referrals Total: 7 Organized: 0 Other Departments: City: 7 Other Contacts: CRA: Explain: Other: Other Information: OFFICERS HAVE RECEIVED BIKE TRAINIlqG AND BIKE PATROL HAS BEGUN. OFFICERS ASSISTED ROAD PATROL ON A VARIETY OF CALLS. OFC LAUTURE MADE SEVERAL ARRESTS TO INCLUDE FELONY NARCOTICS CHARGES OFFICERS MADE SEVERAL WARRANT AND TRAFFIC ARRESTS 7361 Date: 12-4-04 Officer: Danysh PLI Completion Date: 11-23-04 103.5 CRA OFFICER MONTHLY ID#: 606 I.C. Test #1: yes # Hours Worked: Total Reports Taken: Case # 04-057428 04-057504 04-058409 04-059977 Month/Year: Nov 04 Call Sign: c31 I.C. Test #2: #Hours Vacation/Comp/Personal/AuthLeave: 46.5 I0 Mileage: 34I MO Case # MO NOMO 04-057471 NOMO CVLA 04-058178 CVLA DDMA 04-058528 EXPA EXPA # of Arrests: 0 Cage # MO 04-057471 EXPA 04-058404 PASF 04-058564 , PASZ Citizen Contacts (no Case #) Business Owner Visits: 100 Citizen Interactions: 100 Referrals Total: Other Departments: City: CRA: Other: Total Community Meetings: Attended: Organized: Other Contacts: Explain: Assisted road patrol with calls PAR's Total Traffic Contacts: 2 Citations: Warnings: 2 Parking Citations: Other Comments: Police Explorer Training Bike Patrol ' 7362 ' Date: NOV 2004 Officer: REYNOLDS PLI Completion Date; # Hours Worked: Total Reports Taken: Case# 04-058056 04-058883 11-5-04 (0918 hfs) I 1-11-04 (1024 hrs) 121.5 MO ABVA LOTZ CRA OFFICER MONTHLY · ~** q~' Month/Year: 11/04 ID#: 793 Call Sign: C32 I.C. Test #1: 11-4-04 I.C. Test #2: 11-17-04 # Hours Vacation/Comp/Personal/Auth Leave: Mileage: 469 Case # MO 04-061323 WARB 17 #of Arrests: 10 Case # MO 04-017113 S2 AGAN 04-059603 TRFS 04-060447 AGAI 04-061M66 WARB Citizen Contacts (no Case #) Business Owner Visits: 24 Citizen Interactions: 44 Referrals Total: Other Departments: City: CRA: Other: Total Community Meetings: Attended: Organized: Other Contacts: Explain: PAWs I AAR's Total Traffic Contacts: 49 Citations: 19 Warnings: 30 Parking Citations: 1 7363 Other Comments: COMPLETED 4 HOUR BICYCLE SAI~'I'gY CoURSE CRA OFFICER MONTHLY Date: 12-4-04 Officer: R. DAVIS PLI Completion Date: 11-14-04 # Hours Worked: 161 Total Reports Taken: 15 Case # MO Case # 04-058236 BERE ~ '~" Month/Year: 11-2004 ID#: 796 Call Sign: C33 LC. Test#l: 11-14 I.C. Test g2: 11-21 # Hours VacatiordComp/Personal~Auth Leave: 23 Mileage: 326 # of Arrests: 0 MO .Case # MO Citizen Contacts (no Case #) Business Owner Visits: 78 Citizen Interactions: 147 Referrals Total: Other Departments: Total Community Meetings: Attended: Organized: Other Contacts: Explain: 1 City: 1 CRA: Other: 0 PAR's AAR's Total Traffic Contacts: 14 Citations: 0 Warnings: 14 Parking Citations: Other Comments: ATTENDED BIKE TRAINING, BEGAN BIKE PATROL 7364 WORKING TO LOCATE AND SION TREspASs AGREEMENTS WITH OWNERS OF VARIOUS PROBLEM PROPERTI~ES CRA OFFICER MONTHLY Date: 12-01:04 Officer: LAUTURE PLI Completion Date: NA , Month/Ye0x: 11-01-04 I3D#: 797 Cai1 Sign: C34 I.C. Test #i: NA I.C. Test g2: NA # Hours Worked: 12.g'~5 Total Reports Taken: 12 Case # MO Case # MO 04-057904 DDMA 04-60522 SPIA # Hours Vacation/Comp/Personal/Auth Leave: 5.5 (PER) Mileage: 263 # of Arrests: 10 case # MO 04-58011 SPIA 04-60525 AGAB 04-58023 DOTA 04-61165 SPIA 04-59794 TRAZ 04-61168 WARB 04-59760 NARR 04-060330 VRNG Citizen Contacts (no Case #) Business Owner Visits: 41 Citizen Interactions: 102 Referrals Total: Other Departments: City: CRA: Other: Total Community Meetings: 04-061255 AGAF 04-61928 DDMA 6 0 PAR's NA 1 Attended: 0 Organized: 0 Other Contacts: Explain: Total Traffic Contacts: 56 Citations: 29 Warnings: 27 Parking Citations: 7365 Other Comments: : Xl. Board Member Comments 7366 Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at 'his meeting will need a record of the proceedings and for ~uch pUrPose may need to ensure that a verbahm record of the proceedings is made, which record includes the testimony and evi__denee upon which the appeal.is to be based. The CP,.A shall furnish appropriate auxihary aids and services where necessary to afford an individual w/th 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. XlI. Legal 7367 Any person who de~ides to appeal any decision of the Commun/ty Redevelopment Board with ~:espect 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 te~ .'_t~nofi~, and evidence upon whi.c_h the appeal is to be based. The CRA shall furnish appropriate auxil/ary 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 CiLA Please contact Douglas Hutchhason at 561-737-3256 at least twenty:four hours prior to the program or activity in order for the CRA to reasonably accommodate your request. Xlll. Other Items 7368 Any person who decides to appeal any decision of the Community Redevelopmem Board with respect to any matter considered at this meeting will need a record of the proceedings and for sJ~ch pUrPose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and ev/denee upon which th~ 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 f=or the Boynton Beach Boulevard Extension Promenade and Riverwalk. (January) B. Consideration of Interlocal Agreement for the MLK Phase I Project (January). C. Workshop for Parks and Recreation (5:30 just before January meeting). D. Consideration of amendment to CRA Procurement Policy (February). E. Consideration of Options for CRA Office Space (February). F. Consideration of Final Direct Incentive Agreement for the Promenade Project. (February) G. Consideration of Modification to the Direct Incentive Program to include Arts Commission Elements for Incentive Scoring (February). H. Consideration of CRA Retreat (February). 7369 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 tes ~'_tifno~ an~ evidence upon whic.'h 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 tw~nty~four hours prior to the program or activity /n order for the CRA to reasonably accornmodate your request. xv. Adjournment. 7370 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 proceed/ngs is made, which record includes the testimoay and evidence ~pon 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. DEC-IS-ZOO4 02:41PM F~OM'- T-212 P.001/002 Senteffitt ATTORNEY~ AT LAW FAX COVER From: Alan S. Krischer Date: December 13, 2004 PLEASE DELIVER 2 PAGE(S) (including cover sheet) TO: Name: Mr. Doug Hutclfl~son Fax Npmher: S61.737.3258 Cornp~my: Phone Number: Please call (305) 374-5600 Ext, 40016 if you do not receive all the ??, Comments/Special lastnlctions Please re£cr ta the attached. The information contained in this transmission may be a confidential attorney-client communication or may otherwise be privileged and confMential, inr~mded only for the use of the individoal or entity named above, If ~be reader of this u-ausmiual is not the mumdcd rccipiem or the employee or a$ont responsible to deliver it to the intended recipient, you are hereby notified that any d/sscmination, distribution or copying of this communication is s~ctly prohibited. If you have received this communication in error, please immediately notify us by telephone aaldretum the on~aal mmsmitta] to uu Client/Matter No: 99998.113887 Equllrac ID: 3939 DEC'13-2004 02:41PM FRO~ T-212 P.002/002 F-353 ATTORNEYS AT/.~W Miami, F|ofida 3313t-1714 December 13, 2004 VIA FEDS.EXPRESS VIAFACSI38H.l: ~61 737 3258 Mr. Doug Hutchinson CRA D/rector 639 E, Ocean Ave. ~ 106 Boynton Beach, Fl. 33425 Re: Boyamn Ventures 1, LLC - The Arches Dear Mr. Hmchinson: Please be advised ~hat ~he undersigned represenm Boyaton Ventures I', ~C ("Boston"). ~ you are a~, Bo~ ~ s~d a ~quem of an e~ion of ~e~for ~ ~yel~m~t a~rov~ ~ ~ ~oject gm~aly ~o~ as "~e ~c~s." My cli~mt has decided to follow your suggestion and acccp~ your request to mbtc his ~t~sion he~g on ~ ~s for one m~g. Acco~gly, ~e acc~ ~e ~he~g offs he~g ~om Decem~ 14, 20~ to ~e J~ 1 i, 200~ ~ng. I~ is my ~d~g t~t ~s ~11 be acco~lished ~out ~e need for ~e a~lic~ ~ co~eI to a~d ~e ~co~g ~ng- ~is is ~co~ct ple~e ~ me s~l t~y. My client is opdmislic that at the lime of the January raee~ing it will b~ the property owner, and will arrange,to have additional team members ar the presentation. Very truly yours, AKERMAN SE3/TERFITT CC: Mr. Ryan Weisfisch Mr. Ken Spillias, Esq. 561 640 82-02. {/vl2188256;I} Lease Payment (per month) **Overages (1,800 X .0088 per copy) Total Copier Labor old copier ($15 x 18 hours) Labor new copier ($15 x 6 hours) Total Copier and Labor Current Copier New copier $ 343.00 $ 512.00 $ 15.84 $~ $ 358.84 $ 512.00 $ 270.00 $ 90.00 $ 628.84 $ 602.00 **Old Copier contract has 15,000 copies **New Copier contract has 20,000 copies, so are not anticipating exceeding out 20,000 copies per month Labor on old copier: 35 copies per minute and holding drawer only hold 500 sheets of paper, consequently it can not be loaded to run overnight. This lack of speed and the fact a staff member must be present to complete the job due to jams and staff reloading after 500 copies slows down the process. Labor on the new copier: 65 copies per minute and holding drawers hold 3600 sheets of paper, thereby allowing it to run overnight. The increases in speed and the ability to run 3600 copies at a time will allow staff to run the agenda overnight, thereby decreasing time spent spends at the copier. imagistics Dece~r 12, 2004 ImagiStms I~matt0rral Inc. 14361 Commerce Way Miami Lakes, FL ~1§ 305 9292452 wwwjmegistics,com Ms. Susan Viethauer Boynton Beach Communal Redevelopment Ager~-'y 630 East Ocean Avem~, Suite 107 Boynton ~, Florkta 33435 Dear Ms. Vielhauer, I have been tmable to Ioca~ a copy of ~ missing 'Page 14' of the terms & co~,clltiofls of ~r existing agreement. That page more specifically spells out the terms of yOur current rerd~al agreement under ti-,9 State of Florida C~, specifically that the only avenue for early cancellation is either "Non Appropriation" &/or "Cancellation for Non PerfOm~nce", and more completely ~s "Non Performance". Even so. upon the Redevetol:~nent Agencywill h,~e no t~ ~ ~ y~ur ~urrenl renlal ~ dMed 9~24-02 for an ImagiStiCS DL3?0 system, with the exception of any outstanding payments owed upon the date of the new agreement, and/or any outstanding overage cha~ ~n the removal of that unit. your Account F_xecut~, Regan Seen/, Thank you again for your continued business, Branch Manager Sout~ Fk)rida District CC: Ms. Amy Dukes Lewis. Longman. & WaEman TERMS AND CONDITIONS FOR CRA 1. NON-APPROPRIATION. You warrant that you have fimds available to pay the Total Payments mltil the end of your cmxent fiscal period, and shall use your best efforts to obtain fmlds to pay tile Total Payments in each subsequent fiscal period through file end of the referenced term (the "Term"). If your appropriation request to your legislative body, or fimding authority ('Govenfing Body") for fiauls to pay the Iotal Payments is denied, you nmy tenn~ate this Agreement on file last day of the fiscal period for which Emds have been appropriated, upon (i) submission of documentation reasonably satisfactory m us euldencing the Govemhig Body's denial of an appropriation sufficient to continue this Agreement for the next succeeding fiscal period, and (ii) satisfaction of afl charges and obligations under this Agreement incurred through the end of the fiscal pefiod for which funds have been appropriated, including file return of the Equipment at your expexue 2. TERM; NON-ASSIGNABiLITY. This Agreement shall corcrmence on the acceptance date set forth on an Acceptance Certificate, in form and substance acceptable to us, and shafi continue unth file earlier of(i) tenuination at our option upon the occurrence of an event of dethulg or (ti) file occurrence of an event of a non-aupmprlation under Section 1, or (iii) the expiration of the Term and your payraent of all Total Payments and other sums due and your fulrfhnent of all other obliguboiLs under this Agreement. YOU MAY NOT ASSIGN, TRANSFER, OR SUBLET ANY INTEREST IN THIS AGREEMENT, OR TIlE EQUIPMENT WITHOUT OUR PRIOR WRITTEN CONSENT. 3. PARTIES RELATIONSHIP. The Eqinpment was or wifi be selected by you and supplied by Imagistics International Inc or such other vendor that is referenced on your equipment schedule ("Vendor"), not Piracy Bowes Credit Corpompon. ("PBCC') At your requesg PBCC will pta'chase the Eqinpment from Vendor and rent it to you. PBCC IS NOT AN AGENT OF VENDOR, AND NEITHER VENDOR NOR ANY OF ITS REPRESENTAIVES ARE PBCC'S AGENTS. If you have any clahi~s regarding the Eqinpment or any other matter arising from your relationship with Vendor, you must make them against VendoL We assign to you any warranty rights we have against Vendor. 4. TOTAL PAYMENT. You will pay each and every Total Payment, subject to your right of non-upproptiation as provided in Section 1. All Total Paymejats and other stuns due shall be payable to us at our executive orfce, until we direct yon otherwise in writing. If you so requested, your Equipmem Maintenance, Copier Supplies and/or So.are Maintenance payments connnence simultaneously with the Term and such payments are included in your Total Payments as an accommodation to you and Vendor. We nay increase the Total Payment as a result of any imposition of, or increase in, taxes as provided in Sections 8 or 9. Your obligations, inclubing your obbgadon m pay the Total Payments due in any fiscal year dining the teton of this Agreement, shall constitute a cnn'cut eupense for such fiscal year and shall not consbmte an indebtedness within the meaning of the consfitubon and laws of the state in which you are located. Nothing herein shall constitute a pledge by you of any taxes or other moneys (other than moneys lawfully appropriated Emu thne to time by or for your benefit for this Agreement) to the payment of any Total Payment due under this Agreement A one time documentation fee to cover the origination, documentation and processing of this Agreement is included in your equipment cost and made a part of your Total Payments REGARDLESS OF ANY DISPUTE WITH VENDOR, OR LOSS OR DAMAGE TO THE EQUIPMENT OR ANY OTHER REASON~ YOU ARE REQUIRED TO PAY US ALL TOTAL PAYMENTS AND OTHER SUMS DUE UNDER THIS AGREEMENT. ALL TOTAL PAYMENTS SHALL BE PAID BY YOU WITHOUT DEDUCTION AND IRRESPECTIVE OF ANY SET-OFF, COUNTERCLAIM, RECOUPMENT, DEFENSE OR OTHER RIGHT WHICH YOU MAY HAVE AGAINST US, VENDOR, OR ANY OTHER PARTY. 5. REPAIRS; USE. You shall, at your expense, keep the Equipmnnt in good repair, condition, and working order, and shalI not alter the Equipment without our prior wrthen cmksent. You shall use the Equipment only in the manner specified in the manuals and instructions covering the Equipment and will not permit file Eqinpment to be used in a trade or business of any other person or entity. 6. RISK OF LOSS. You are responsible for Eqinpment loss, damage or destmmion from any cause, whether or not insured. You shall proulde, maintath, and pay for: (a) insuraace against Equipment loss, thelL damage, or destruction, for the full replacement value of the Eq~fipment, with loss payable to us, and Co) public llabfifiy and property damage insurance naming us as an additional insured. Such insurance and types and amounts of coverage (and 7. WARRANTIES. The Equipment is covered by the warranties from Vendor in effect at the nme the Equipment is delivered. Such warranties are supplied directly by Vendor with each shipment of Equipx~nt. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY MATTER WDATSOEVER~ INCLUDING BUT NOT LIMITED TO, THE SUITABILITY OF THE EQUIPMENT, ITS DURABILITY, ITS CONDITION, ITS MERCILANTABILITY, ITS FITNESS FOR A PARTICULAR PURPOSE, ITS FREEDOM FROM INFRINGEMENT, OR OTHERWISE. WE RENT THE EQUIPMENT "AS IS" AND "~¥HERE IS' AND "WITH ALL FAULTS." NO RESPONSIBILITY IS ASSUMED BY US FOR ANY DAMAGES INCURRED BY REASON OF THE FAILURE OF THE EQUIPMENT TO OPERATE AS INTENDED, iNCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. {P0007755 I } 8. REPRESENTATIONS. YOU hereby represent and warrant that (a) you are a state or political subdiulsinn thereof withth the meaning of Section 103(c) of the Intemal Revenue Code of 1986, as amended (the "Code"); and Co) you have file power and authority under applicable law to enter thto this Agreement and you have been duly authorized to execute and deliver this Agreement and carry out your obligations hereunden You acknowledge that a portion of each Total Payment you shall pay includes interest and that this Agreement is entered into based on the assumption that file interest portion of each Total Payment is not inc hid~'ole hi gross income of the owner thereof for Federal income tax purposes under Section 103(a) of the Code. You shall, at all thnes, do and perform all acts and things necessary and wlthln your control in order to assure that such interest component shall be so excluded. If any interest is determined not to he exeludible from gross income, your Total Payment shag be adjusted in an amount sufficient to maintain our original after tax yield utilizing ou~ consolidated margfilal tax rate, which adjmted Total Payments you agree to pay as pmvidsd in this Agreement, subject to Section 1. The rate at which the interest portion of Total Payments is calculated is not intended to exceed the maximum rate or amount of interest permihad by applicable law. If such interest portion exceeds such maximmn, then at our option, if permitted by law, the hite~est portion will be reduced to the legally permitted maximin amount of hiteresg and any excess wilI be used tn reduce the principal amount of your obligation or be refimded to you. You shall not do (or cause to he done) any act which will cause, or by omission of any act allow, this Agreement tn be an "arbitrage bubd" within the meaning of Section 148(a) of the Code or a "private activity bond" within the meaning of Section 141(a) of the Code. You will t/mely sububt to the Secretary of Treasury information reporting statements and other infomminn relaimg to this Agreement at the [fines and in the forms requked by the Code, thc[udlng without limitation, Form 8038-G or Form 8038-GC, as uppropfiate, and you uppoim u.s as your agent for the purpose of maintaining a registration system as required by Section 149(a) of the Code. Notwithstanding any other pmvisinn of this Agreemeng this Section shall s mc'd ye the ten'nation oft,Ms Agreement. 9. TAXES; NO LIENS; TITLE. As we direct, you shall pay all charges and taxes (including any customary fees of ours assoina~ed with the a&n~istraflon, billing and tracking of such charges and ~xes) incurred by us which may be iruposed or levied upon this Agreemeng documentation, the billing or receiving of the Total Payments and the sale, purchase, personal property ownership, leasing, value, possession, or use of the Equipment, excluding taxes on or measured by our net income (maless such taxes result from your breach of any representation set forth in Section 8). You shall keep the Equipment free and clear of all liens and encumbrances, subject m the fullowing sentence. You grant us a security interest constituting a first lien on the Equlpn:ent (including any replacements, substitutions, adthtlons, attachinents and proceeds) and authorhie us to file a financing statement with respect to such security interest. Tige to the Equipment shall pass m you upon mstagation. However, you and we agree that fire shall automafically revert to ~ hi the event of defaulg or termination due to your non-appropriation under Section 1. 11. LATE PAYMENT/RETURNED ITEM CHARGES. If any payment reqinred herein is not paid in full on or before its due date, you shall pay to us the then applicable fee being charged by us in connection with the adntinlstraubn of delinquent aecomlts. You slmfi also pay interest on any such late payment from the due date thereof until the date paid at 18% or the xmximum rate allowed by law. For each dishonored or returned payment iten~, cheek or draft you shall pay to us the then applicable fee being charged by ~s in connection with our handling of returned items. I3. NOTICES. All notices under this Agreement shall he mailed, ftrst class postage prepaid, to the recipient at its address set forth on this Agreement, or at such other ad&ess as each party may prov/de in writing from fin~e to tinge Such notices shall be effective on the date they are mailed 14, SURRENDER OF EQUIPMENT. If you default, or terminate this Agreement by non-uppmpriagon tmdnr Section 1, you, at your expense, shall return all Equipment by delivering it to us hi the same condition as when delivered to you, reasonuble wear and tear excepted, to such place or on board such causer, packed for shipping, as we may specify. Untd the Equipment is returned as required above, all terms of this Agreement remain in effect including, without limitation, your obligations to make payments relating ~ your continued use of the Equipment and to thsure the Eqinpmem 15. INDEMNIFICATION. You agree to indenimfy, defend and hold m and persons acting on our behalf ham~ess from and against any and ail costs, expenses, damages, fines, set~inmeths, claims or liability, including reasonable attorneys fees (collectively, "Clafins") ar/sing out of or relating to your peffom~anee under this Agn~ement or we of the Equipment, excluding those adjudged to have arisen from our negligence or willful ntisconduct. We agree to indenm/fy, defend and hold you and persons acting on yo~ behalf harmless from and against any and all Clain~ adjudged to Imve ar/sen solely from our negligence or willful misconduct. Each pony shall g~ve the other prompt written notice of such Clafu~s under this Section. Further, notw/thstandlng a party's obligation to defend, the other party retains the right~ at the inderanify~g party expense, to defend, and aRer consultation with the other party to settle or con~prontise the claims and actions. 17. MISCELLANEOUS. This Agreement including the Equipment/Service Detail, if applicable, const/~tes the entire agreement between the parties. This Agreement may not be amended, altered or changed except by a whtten agreement signed by the part/es. If any provision should be found illegal, invalid or void, that provision is severable and should be considered deleted from th;s Agreement. The remafufihg provisions shall not be/mpaireg and fltis Agreement shall be interpreted to the extent possible to give effect to the part/es' thtent Th/s Agreement shall inure to and be binding on the successors, heks, transferees and the pemtitied assigns of the parties, {P0o077551}2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS STN^ E-- TN E__M,DDL E __ ,A EOFBOW. COUNC,L. CO ,,S N OR, ORCOMM, E MAILING ADDRESS THE aOARO, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WH CH l SERVE IS A UNIT OF: WHO MUST FILE FORM 8B' This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-edvisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida 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 position. 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 private 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 corporate principal by which he or she is retained); to the special pdvate gain or loss of a relafive; or to the special pdvate gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "reJafive" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "bosiness associate' means any person or entity engaged in or carrying on a business 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 filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you utherwise may participate ia these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether oralty or ia 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 8B- EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is fired. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating- You must complete the form and file it within 15 days after the vote occurs with the pemon 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 membem of the agency, and the form must be read publicly at the next meeting after the form is flied. DISCLOSURE OF LOCAL OFFICER'S, INTEREST l, _~ 4' ~[J ~ '~/' __, hereby disclose that on _/ ~a~ ^ measam ~ ~ ~ co~ ~ ~ ~ ~ ~nured to the special gain or loss of my relative, ~_ inured to the special gain or loss of whom I am retained; or inured to the spe~a~ gain or loss of is the parent organization or subsidia~ of a pHncipal which has retained me. (b) The measure before my agency and the nature of my ~nflicting interest in the measure is as follows: _, 20 ~f/_: , which Date Filed Signatu~¢' ~. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 112000 PAGE 2 7 Members - 4 Yr. Terms Ordinance No. 000-69 (Changed from Commission to independent board) COMMUNITY REDEVELOPMENT AGENCY - 2004 LAST NAME FZRST EXP:ZRES ADDRESS PROFESS:ZONAL NAME ASSOCZAT:ZON Barretta .]ames 1/10/08 74 BAYTREE LN Architect BOYNTON BEACH 33436 ~/~ (561) 740-0041 DeMarco Alexander 6/20/06 10817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-10; .~ (561) 732-6789 Boynton Beach, FL 33426 (561) 736-2400 Ext. 107 Fax (561) 736-1560 cristale@bellsouth.com Fenton Don 1/10/06 2556 SW 23eD Edward 3ones & Company CRANBROOK DR 901 N Congress Avenue, Ste D-101 BOYNTON BEACH 33436 Boynton Beach, FL 33426 (561) 737-0793 (561) 737-1442 Fax (561) 364-1536 Heavilin 3eanne 1/10/05 PO BOX 3693 (734 NE 9TM Sailfish Realty ~'~/~i/' AVE) 532 E Ocean Avenue y ~ BOYNTON BEACH 33424 Boynton Beach, FL 33435 (561) 738-6613 (561) 731-4474 Fax (561) 738-7911 jheavilin@msn.com Horenburger Marie 6/20/08 3020 PINE TREE LANE Business Consultant ~ I' 11% BOYNTON BEACH 33435 Fax (561) 733-0034 (561) 733-0041 nhorenburger@cs.com Myott Ste~ve 1/10/05 3012 FERNWOOD DR · BOYNTON BEACH FL 33436 (561) 736-3564 Tillman Henderson 1/10/05 54 BENTWATER CIR Spanish River High School Vi¢~ Ch~i~ ~/9 BOYNTON BEACH 33426- 5100 .]og Road 7646 Boca Raton, FL 33496 (561/ 965-6776 (561) 241-2200, Ext. 2540 Revised 7/7/2004 4:46:16 PM 6 S:\CC~WPXBOARDS\LISTS\CRA Board.doc - bg- 12/14/2004