Agenda 05-09-06
If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he or she will need a
record of the proceedings, and that, for such purpose, he or she 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.
CRA Board Meeting- REVISED
Tuesday, May 9, 2006
City Commission Chambers
6:30 P.M.
I. Call to Order
II. Roll Call
III. Agenda Approval:
A. Additions, Deletions, Corrections to the Agenda
B. Adoption of Agenda
IV. Consent Agenda:
A. Approval of Minutes - Retail Demand Analysis Workshop - March 23, 2006
B. Approval of the Minutes - CRA Meeting - April 11, 2006
C. Approval of Financial Results - April 30, 2006
D. Approval of FY05-06 General Fund Budget Amendment
E. Approval of Increase in CRA Per Diem Travel Rate
F. Rescind Resolution 05-08 for "As Needed" Contract for Former Director
G. Approval of Job Task Analysis Work Product & Recommendations
H. Approval of Contract with LJ Craig & Associates for CRA Strategic Plan
Implementation
I. Approval of Fagade Grant - Main Street Car Wash - $15,000
J. Review of Cost Analysis of Outside Consultants Employed by CRA
V. Public Comments:
VI. Public Hearing
VII. Pulled Consent Agenda Items:
VIII. Old Business:
A. TCRPC Presentation of HOB Plan Feasibility Analysis Results
B. Consideration of Amending the Homebuyers Assistance Program to include a
Shared Equity Component
C. Discussion and Recommendations for Approval - Direct Incentive Funding
Agreement
D. Parking Discussion
IX. New Business:
A. Consideration of MLK Self-Assembly added to the ILA and Resolution for HOB
Phase I Eminent Domain Process
B. Consideration of Draft RFP Solicitation for HOB Phase I
C. Consideration of Contract with Culpepper & Turpening, Inc. for CRA TIF Analysis
and Forecasting
D. Six-month CRA Plan
E. League of Cities Gala Dinner Dance & Installation
X. Future Project Preview
Town Center at Waterfront Park and Ocean Point Tower
XI. Comments by Board Members
XII. Comments by Board Attorney
XIII. Comments by Executive Director
XIV. Comments by Staff
XV. Future CRA Workshops:
A. Savage Creatures Discussion - June 22, 2006 at 6:00 p.m.
Holiday Inn Catalina, 1601 N. Congress Avenue, Boynton Beach
XVI. Adjournment
.~~
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:. .:.
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Mast be Turned in!2
Meetinl! Dates Turned into CRA Office Meetinl! Dates CRA Office
D January 10, 2006 December 27, 2005 (Noon.) 0 July II, 2006 June 27, 2006 (Noon)
0 February 14,2006 January 31, 2006 (Noon) 0 August 8, 2006 July 25, 2006 (Noon)
D Marth 14,2006 February 28, 2006 (Noon) 0 September 12,2006 August 29, 2006 (Noon)
[ill April II, 2006 Marth 28, 2006 (Noon) 0 October 10, 2006 September 26, 2006(Noon)
. May 9, 2006 April 25,2006 (Noon) EJ November 14,2006 October 31, 2006 (Noon)
D June 13,2006 May 25, 2006 (Noon) [J December 12, 2006 November 28, 2006 (Noon)
NATURE OF
AGENDA ITEM
. Consent Agenda
o Director's Report
o Old Business
o New Business
o Legal
o Future Agenda Items
o Other Item
DATE: May 4, 2006
SUBJECT SUMMARY PARAGRAPH: CRA Board 6-month Continuous Improvement Plan
At the May 2, 2006 City Commission Meeting, the results of the "Discussion of the CRA" require the CRA Board to
establish a strategic plan for the next six months governing performance standards of the agency.
As a result of the last month's board direction to staff, the following items are in various stages of implementation:
1.) Conduct an HR Organizalional Audit to evaluate board/staff interaction and communications. Interviews
are complete and the executive summary should be ready for board review at the CRA Board meeting.
The goal is to strengthen the Board's Rules of Governance as it relates to human resource practices of
h~~ .
2.) Attorney Spillias and Lisa Bright met with Attorney Cherof and Sharyn Goebelt, City of Boynton Beach
Human Resources Director to create an Interlocal Agreement to provide consulting HR services to the
Agency. This document is in the development stages and brought to the board at a later date.
3.) As a result of the meeting with the City's representatives, it was recommended that the CRA create HR
accountability through the staff work program. Ms. Bright met with Dr. Willis and will be realigning the
scope of work under the Finance Assistant position to handle the grievance and/or formal complaint
process under the direction of the Executive Director.
4.) The organization audit revealed the need for closer communication with City to apprise them of the work
of the CRA. In order to restore confidence in the agency, a spokesperson should be designated to
provide regular updates to the City Commission on the activities of the agency.
RECOMMENDATION: Discuss and outline the 6-month strategic plan for the CRA Board.
FISCAL IMPACTIFUNDING SOURCE: Negligible to none.
ALTERNATIVES: N~t develop a strategy. 7
\.. /)'
eRA STAFF: -..... '- . t ~ .
. sa Bright, Executive DiT
+
T:\AGENDAS. CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 05 09
eRA Board Meeting\CRA Board 6-monlh Continuous Improvement Plan.doc
Summary Report for Project
To Improve Understanding and Implementation of CRA Policy
and Directives, Governance and Communication Between
CRA Board and CRA Staff
Submitted by
L.J. CRAIG & Associates, Inc.
Management & Organizational Consultants
May 9th, 2006
TABLE OF CONTENTS
TOPIC PAGE #
I. Cover Letter 3-4
II. Executive Summary 5-8
9-35
III. Findinas and Recommendations
A. Norms, Attitudes and Motivations of Organization Members 9-13
Recommendations
B. Affects of the Distribution of Power and Status with CRA and 14-17
Positive and Negative Effects
Recommendations
C. Vision, Mission and Goals of Organization 1 8-19
Recommendations
Proposed New Oraanizational Chart
D. Biggest Macro Concerns About the Operation and 20-24
Administration of the CRA, Board Meetings and Staff
I nteraction with Board
Recommendations
E. Communication Process Between CRA Board and Staff 25-28
Recommendations
F. Rules of Governance 29-30
Recommendations
G. Suggestions for Improving Governance of CRA Board 31-33
and Communication between eRA Board and Staff
Recommendations
Additional Comments 34-35
IV. Append ix 36-37
A. Interview Questions
B. Bovnton CRA Aaenda Item Reauest Form - Mav 4.2006 No oaae #
2
L.J. CRAIG & ASSOCIATES, INC.
Management and Organizational Consultants
Designers of "People Management" Systems
May 9th, 2006
Lisa Bright, Executive Director
CRA of Boynton Beach
639 E. Ocean Avenue, Ste. 103
Boynton Beach, FL 33435
Dear Ms. Bright, Board Members and Mr. Spillias:
The completed report is submitted for your review and information. It includes an Executive
Summary, Findings, Comments and Recommendations and, the Interview Questions. A
formal presentation will be made to you and other individuals, on Tuesday, May 9th.
Thank you for the opportunity to provide consulting services to the CRA Board and CRA.
It is very admirable that you have all been so willing to open yourself up and your
organization to feedback from the Board members, your employees and the Legal Counsel
to the Board. It is obvious that you want to make positive changes in the organization.
Overall, everyone was very happy that this process was occurring and are looking forward
to moving ahead in a positive way.
I want you to understand that my role is not to cover up or hide problems that have been
presented by the CRA staff and stakeholders during their one-on-one interviews with me.
My role is to identify problems and issues that have had either a positive or negative effect
on the efficient and effective operation of the CRA. I anticipate that if you resolve the
internal strife and prevent any further scandals (recent newspaper articles) that the City of
Boynton Beach Commission will not dissolve the organization.
Although some of the comments are critical, you need to understand that the Board
members, employees and Legal Counsel were using the interview process as an
opportunity to vent and be heard. This is very common in all organizations. Obtaining
stakeholders' opinions about issues that affecttheirwork place is a common Organizational
Development intervention strategy. Also, the questions were very specific so I was able to
obtain very specific data.
I know that you all really appreciated being interviewed by an outside consultant concerning
the CRA Board and CRA staff, and I believe changes and improvements can be made.
However, change will not be successful if there continues to be dissension.
3
Phone: (561) 750-8669
www.ljcraig.comlcwillis@ljcraig.com
P.O. Box # 1628 Boca Raton, FL 33429-1628
Fax (561) 391-5077
The many dangers of leading organizations are addressed in detail in Ronald A. Heifetz
and Marty Linsky's book, Leadership on the Line: Staying Alive through the Dangers
of Leading. Heifetz discusses dealing with management and human resource problems
which include discourse and dissension in an organization. So the leaders, which includes
the Executive Director of the CRA, all Board Members and the Legal Counsel, must be
willing to listen to what each other has to say and then have the personal courage and
strength to make positive changes. Doing this can also be dangerous as it is so eloquently
stated in the book. You are all leaders, so this is highly recommended book which you
should all read.
Please review and consider all of this feedback, and my recommendations as a
developmental opportunity the CRA. On Saturday, May, 6, 2006 an editorial was written
about the CRA. I agree whole heartedly with the final statements: " The CRA is on notice
that it cannot afford any more internal strife. Its mission is too important and the
obstacles ahead are big enough on their own." "Bottom line: The CRA must use its
second chance and keep its act together." (Sun Sentinel, p. 16A, Saturday, May 6,
2006).
Sin,eIY, . I I / . J I
~Cl U/~
Dr. Linsey C. Willis, SPHR
President
4
EXECUTIVE SUMMARY
An organizational audit of the Community Redevelopment Agency (CRA) of Boynton
Beach Florida was conducted by Dr. Linsey C. Willis, SPHR, President of L.J. Craig &
Associates, Inc., a management and organizational consulting firm.
Interviews were conducted during the weeks of April 24 and the first two weeks of
May 2006. Nine (9) employees, seven (7) stakeholders (i.e., Board Members) and the
Board Attorney were interviewed in small group meetings or private meetings by Dr. Willis,
each for up to one (1) hours.
The following individuals (employees, Board members and Legal Counsel) were
interviewed:
1. Henderson Tillman, Chairman, CRA Board
2 Stormen Normet, Co-Chairman, CRA Board
3. Marie Horenburger, Board Member
4. Alex DeMarco, Board Member
5. Steve Myott, Board Member
6. Jean Heavilin, Board Member
7. Lisa Bright, Executive Director, CRA
8. Robert Reardon, Interim Assistant Director CRA
9. Phyllis Zitcer, Executive Assistant
10. Susan Harris, Finance Assistant
11. Vivian Brooks, Planning Director
12. Vince Johnson, Planning and Development Manager
13. Rosalind Murray, Economic Development Director
14. Margee Apelsperger, Marketing and Communications Manager
15. Stacy Gallup, Administrative Assistant
16. Ken Spillias, Legal Counsel
Each individual was provided with the newly drafted Boynton Beach Community
Redevelopment Agency (CRA) Rules of Governance and the CRA Office Policy Directives,
and were asked to read the information prior to the interview. All responded to a
standardized questionnaire (see the appendix) The interviews took less than twenty (20)
hours to complete.
The interview data was reviewed and included comments made by the interviewees.
The data was categorized in terms on general themes; i.e., board interference,
communication, board training etc. The general themes formed the basis for the
5
recommendations.
This report outlines the issues raised by staff and the other stakeholders many of
which were repeated by more than one person. The report also outlines specific
recommendations for resolving the problems and improving the operation of the CRA,
particularly in terms of Board Governance and communication between the Board of
Directors and CRA staff.
Many voiced the same opinions in certain areas, so in order to shorten the report
and not be repetitious, some of the opinion statements were consolidated into one global
statement about a particular issue. Based on the interviews several issues emerged and
are listed below as either problems or areas in need of improvement. Further detail on the
following is outlined in the Findings and Recommendations section of this report.
Problems
. Continuation of Board interference in CRA operations; e.g., undermining of
Executive Director's authority and dictating to her how to manage and run the CRA
. Amount of time Executive Director has to spend responding to some Board
members regarding internal management of staff
. Private discussions/conversations some Board members have had with staff
regarding CRA issues brought to her attention after the fact
. Political aspirations of one Board member
. Board member role clarification
. Some Board members appear to lack the experience and knowledge necessary to
make meaningful, valid and relevant contributions to the operation of the CRA
. Behavior of some Board members at monthly meetings
. Disrespectful treatment of CRA staff by some Board members
. Some Board members are already violating Rules of Governance
. Continuance of staff intimidation by some Board members
Areas in Need of Improvement
. Length of monthly Board meetings
. Written goals and objectives are needed; i.e., a Strategic Plan is needed
. A performance appraisal system is needed which is linked to each employee's goals
and objectives
. Communication process between Board members and staff; i.e., communication not
cleared through the Executive Director or inappropriate communication
. Team building for CRA staff
6
. Role clarification for some eRA staff; e.g., role conflict
. Board training
. Trust between internal CRA staff and Board
. Mission and vision of CRA needs further clarification
. Further revisions needed to Rules of Governance
In an Agenda Item dated May 4, 2006, at the City Commission meeting (see
appendix), the CRA reported items in various stages of implementation. This reinforces that
the administrative staff are working hard to make improvements. However, it should be
noted that no change happens overnight, particularly culture change. Also, although a
Strategic Plan can be prepared in less than six (6) months, all of the other improvements
cannot happen overnight. Based on research, organizational change can take several
years before measurable improvement is evident. Furthermore, it took many years of poor
management, weak leadership, no internal controls, no strategic planning and inappropriate
behavior on the part of some personnel and Board members to cause the CRA to become
dysfunctional. No one should expect the recommended improvements to happen in six (6)
months or less.
Change and improvement starts at the top of any organization. As members of the
Board of Directors, you are the top of the organization, so whatever you decide to do about
the problems needs to unequivocal, and you all need to have a shared mission. In other
words, you must be truly committed to change, and your decisions must be based on a
majority vote, given that each Board member has one vote, and no Board Member has
more power or authority than another Board member.
Moreover, in order for change to take place people must be able to "check their
egos" at the door, so to speak, and remember that the overall goal is to improve the City
of Boynton Beach and not to further their careers or undermine what other people are
doing. If Board members and some staff continue to undermine the Executive Director, and
CRA staff do not work as a team, other scandals may occur which the media could identify.
Then staff turnover will continue and completion of the work will stall. Then the City
Commission may have no choice but to dissolve the CRA Board. This could set the City
of Boynton Beach's development plans back and be a great embarrassment for the City
and its citizens.
Based on the work I have already completed for the CRA, my knowledge of its
mission, some of the projects, and that it was created to be an independent governmental
agency, to dissolve it would be a mistake. Furthermore, it would be a sad commentary on
management and leadership if elected officials, who do are not the subject matter experts
within a government agency, and do not perform the hard work, voted to dissolve another
government agency because of power struggles, internal strife and ineffective leadership
on the part of the Board of Directors.
7
In summary, the recommended changes need to take place so that the CRA
remains an independent agency that will work toward the revitalization, beautification and
economic viability of the City of Boynton Beach.
8
FINDINGS. COMMENTS AND RECOMMENDATIONS
1. What are the norms, attitudes and motivations of organization members based
on your role with the CRA? This includes Board members, and staff. Are any of the
above problematic and why?
The following is a summary of the comments made by the staff, and stakeholders.
"Some of the Board members is that they do not understand the issue of conflict and
separation of power. They are go govern staff and are not to profit based on their
position on board. Board members should state their conflict at every meeting up front
so as not to sully the organization's character. The norms have been like the wild west,
people were desperate to catch up with the development boom in south Florida. Board
members do not ask enough of the tough questions; How will it impact our budget, does
it compare to other CRAs, in the area and throughout south florida? Some have not
done their due diligence."
"Board members are not permitted to communicate outside of Board members with
other Board members. Some board members have sent emails to other Board
members."
"It is important for staff to have a positive attitude with respect to the objectives. We
want to get the most and best out of the staff that we can get. I am sure salary has a lot
to do with it. If they want to increase their income, they should increase their effort.
Anyone with a negative attitude has no place on the Board or the staff."
"It is important that board members feel that they are free - there should not be a need
for board members to criticize each other if they are doing their job - to improve the
organization. "
"What is a problem is when the bearer of the news is criticized."
"The problem is even with rules of governance there is no enforcement mechanism,
there is no discipline mechanism. Only way to do this is to amend the enabling
ordinance for the CRA. The ordinance the way it exists now, if City determines a Board
member is inefficient they can start process to remove the Board member and they will
have a hearing."
"Our attorney is not strong, he is weak. He does not seem sure of what needs to be
done. Board should reconsider his tenure. He is unclear. Attorney needs to ask people
to step down from the dias whenever there is a conflict of interest."
9
"You need a means of enforcing them. What will ultimately happen is that if staff
members continue to feel intimidated, abused and under appreciated, the high rate of
turnover will continue. If city commission decides it has become a dysfunctional
organization, they will decide to take the powers back."
"On the part of the Board there are members who have a self interest for being on
Board and using it to enhance careers. All members and staff agree that we want to see
a better Boynton Beach and better development."
"Some Board members are still not following the rules that were just drafted."
"Board members not following new rules makes executive director's job very difficult.
We have comments made to staff both publicly and behind their back. Board members
are still giving orders to staff publicly and privately - still a problem. The Board clearly
knows what they are not supposed to be doing and they are still doing it. Two Board
members are still doing this. Others are scared and are trying to do everything by the
book."
"I'm not going to dwell on attitudes, but will discuss motivations. Motivation is what
culture of the Board was founded on. CRA Board was premised on a professional
person's in the development arena. Original Board was linked to real estate and
architecture and the culture of Board was put in place. Actions should be seen as
toward development. Were operating and there were no written rules of governance."
"Lisa's style is very complementary to the staff's need and is very approachable and
able to work out differences. With some new staff there is an adjustment period. It was
very chaotic and is much better."
"New staff members have to understand is that their job is to be part of a team and to
not have their own agenda. This is what starts the trouble."
"The norms of the staff seem pretty well motivated toward success. It was baptism by
fire, all struggled under old administration. We feel a greater bond than with newer
members. Some feel there is a two tiered status here."
"One staff person has gone over Lisa's head several times and is not a team player."
"Sunshine law requires Board members to communicate only at meetings. Some were
sending memos to each other about memos. This is not allowed."
"Some staff are still confused about their roles."
10
"A lot of complaining and nitpicking and do not like the workload or how office looks - all
a real pity. We are here to get a job done. It is not about getting you to feel good about
your cubicle. Like there, is a huge gulf between new staff and old staff."
"Motivation does not appear to be focused on serving public or making the CRA - it is
about what does it do for me and how does it further my career."
"We do not have a real cognizant and clear plan we are working off of. We are pulled off
in so many directions. Board still has not figured out the focus of their work. Could be
related to prior director and his initiatives. A lot were in mid stream and you cannot drop
them. Our resources are pulled. We really need to have a workshop where we set
priorities."
"We do not have a strategic plan that we work off of so we can allocate resources and
personnel too. That is the climate of the city, reactionary, no planning ahead."
"The attitude here among personnel, very intelligent people who have done this kind of
work in similar fields, a lot of energy and they want to jump on in and there is not the
focus and here is what you are going to do. A strategic plan for the next five years does
not exist."
"Board members should not just go in and talk to staff anytime without approval with
Director. Board members should not meet with staff separately. Have worked with
Board members and have been on Boards and Board members never went to staff
directly. Communication should go through executive director first."
"We need to have Board members who have skills that are pertinent to the goals of the
organization Purpose of Board is listed under 163 State statutes."
Recommendations for Improvement
1. All Board members must comply with the rules of Governance. If they are unable
to do this, then action needs to be taken that will result in them complying or resigning
from the Board. An example of not being in compliance is "No member of the CRA
Board shall dictate the appointment to the office or employment by the Executive
Director or in any manner interfere with the Executive Director or prevent him/her from
exercising his/her own judgment in the appointment of employees in the administrative
service."
2. Office visits made by Board members need to be scheduled in advance, or the
Board member needs to inform staff why they need to meet with them prior to the
11
meeting. The Executive Director must be informed about the purpose of the meeting. If
she chooses to attend, she may. However, in the meetings only business issues should
be discussed.
3. A Diversity Trainer should be contracted with to provide training to all staff and
Board members. This could be accomplished in one a one (1) day workshop. Dr. Willis
can recommend a trainer with extensive experience and credentials in this area. This
should prevent and derail the current perception that a racial divide has been created in
the office and incited by the Board Chair and other individuals.
4. Design and implement a performance management system that is linked to the
Strategic Plan.
5. Write and implement an enforcement mechanism in the Rules of Governance
to deal with disciplining Board members who stray from their role.
6. Write a job description for the Board Chair which outlines his/her role and general
duties and responsibilities.
7. Write job descriptions for all Board members.
8. Conduct Team Building training for all CRA staff and Board Members. Two
separate sessions should be conducted (one for staff and one for Board Members) and
then the entire group could be brought together and trained on other related issues.
9. Discipline staff who continue to go over the Executive Director's head to the
Board or other City officials. This includes conversations conducted outside the office
and relayed back to the Director, email messages forwarded to her and phone calls.
This behavior is insubordinate and staff who undermine the Director are not team
players and if they cannot work as a team, perhaps they should find work elsewhere.
Even though the majority of staff are classified as professionals, and have years of
experience and expertise, does not mean they can operate totally independent and
without supervision and monitoring by the Executive Director. Empowering staff to do
their jobs is important for productivity, morale and job satisfaction, but empowerment
does not mean that staff are totally free to operate as they see fit without being held
accountable for their actions and decisions. Keeping your boss informed is one of the
basic principles of management.
10. Finalize and approve the job descriptions for CRA staff and clarify roles of all
12
staff. This pertains specifically to the Planning Director, Planning and Development
Manager, and Economic Development Director. There is still confusion as to what the
three positions are supposed to be doing.
11. All CRA Board members and staff need to focus on the overall broad goals of the
CRA and the City versus furthering their own careers or misrepresenting their agendas.
Working for any organization should not be about "what's in it for me" but how each
organizational member can contribute and help the organization accomplish its mission.
12. All future Board members should be appointed based on their qualifications and
experience; i.e., they will be able to truly contribute to the mission of the CRA versus
being on the Board for political or financial gain.
13. The City Commission should consider diversity in its selections to ensure all
groups are represented, but an appointment should not be made solely on race, ethnic
background or gender.
14. Provide a one (1) day Leadership Development program for all Board Members
and staff. This training could be provided by Dr. Willis or she could recommend another
consultant. This program will include teaching all CRA personnel what is, based on the
research effective and ineffective leadership.
15. The Board Attorney must ask any and all Board members to recuse themselves
at the meeting if they are involved in any item on the agenda. This will prevent a conflict
of interest. He should also try to be more assertive during meetings when the situation
warrants his input.
13
FINDINGS. COMMENTS AND RECOMMENDATIONS
2. What are the effects of the distribution of power and status within the CRA system
(internal staff, Board Members, City administration etc.)? If you feel there are negative
effects please provide specific examples to support your opinion.
The following is a summary of the comments made by the staff, and stakeholders.
"The Executive Director is in charge of supervising, hiring and firing staff. Board is a policy
making Board."
"Seven Board members - no one Board member has more powerthan others. All have one
vote. Deference to chairman in context that something that occurs before meetings.
Executive Director can get with the Chairman first."
"Lack of accountability. Another problem when Board members interfere is asking staff to
implement Board policy or their personal agenda or what they want the Board policy to be."
"Structure is set up in such way that shouting matches should not occur between a staff
person and Chairman and staff. One thing that Board members need to keep in mind and
respect is that the people who have been hired have a certain level of expertise in those
areas."
"Certain people are not happy with what they are doing and are not getting projects
assigned to them by Director on time. Internal power struggles going on."
"Has heard staff say they feel they are being underutilized out in the open."
"Biggest thing I see is the Board members not being clear as to what our role is. We need
a workshop on governance. How are we supposed to relate to staff? Tendency that Board
members can demand anything from staff. We do not manage, we hire staff to do the work.
We have a great staff, hopefully none of us have time to manage the staff. Let staff do the
job. Their job is to provide us with information so we make policy decisions."
"Each one of us is one of seven. Board interference is the biggest problem. We approved
the initial policy. I do not know how we can enforce it. Yet, the same interference is still
occurring. Legally, it does not appear that we can do something to a Board member -
discipline that person. Do we need a procedure so we can take steps to discipline the
person?"
14
"People are trying to position themselves. We need to move toward a team based
organization. How can people be so concerned with power if they do not even know the
scope of work or what the priorities are?"
"Since he has become chair his involvement has increased. He could almost turn into
another Barretta. Inappropriate comments made by Board members to staff after the fact-
when a vendor already has a contract. Directed staff person to fire the consultant because
the rate of pay was not fair. The comment made was, "The band is being under paid. "to
pay the vendor more money. This is outside his authority. Wants to look good in front of
other people."
"The political power would be corrected if Board members had skills that related directly to
the CRA. Stay away from political appointments. The leadership should have input
regarding who gets on the Board. They need to have skills that relate to the overall mission
of the Board."
"We have a closed door policy, like you cannot intrude, you do not come together to plan
and problem solve but to put out fires and criticize."
"Impacts of work is 5 years or more down road. There is a pervasive feeling that if you
know more than I know, I may not look good. The word on the street is that there are
people here who are over their heads. I am not saying who they are referring to. But this
is the word on the street."
"Anyone on the Board should be involved in problem solving and directly address the
issues brought before the Board. We each have monthly one-on-one meetings with the
Director. We should be able to give input to her to make things work. Not just an
appointment where you go through the motions. Chairman needs to provide better ideas
and more ideas to work on problem solving."
"Most staff are task oriented. The two that are inconsistent - Planning Director - and
Economic Development Director."
"We have to work at creating one cohesive team of people and stop blaming the past
Director."
"It behooved staff to line up behind executive director after a problem with former Board
member. Not all people did that. Some of staff members from day one, have built into their
schedules, family obligations. You make yourself so difficult to deal with than no one will
deal with you."
15
"I just want to be here and help where I can help. Other then sometimes a general feeling
of - that some people are here to further their career and work their way up ladder and - I
do not trust some people - they say one thing and do something else."
"We are not all on the same page."
"Some staff make fun of rules - hear snide comments about the CRA."
"It will be now clear that the Chair of the Board is really the leader of the Board and that is
the person who will set the tone for all interaction and policy directives and Board. Members
will either work within those directives or they will have to leave the Board. Do not see any
issues or problems regarding distribution on power in organization."
Recommendations for Improvement
1. Include Board Members in the Strategic Management training that is expected to be
approved at the next meeting or conduct a separate training program for them.
2. The Executive Director needs to meet with each staff person and ensure that she/he
fully understands his/her job duties.
3. Conduct a workshop for Board Members on Board governance, CRA internal
policies, the Sunshine Law, FL statute 163, Parliamentary procedures and other topics.
Before the workshop, the Legal Counsel and staff should prepare a Board Manual which
will be part of the workshop material.
4. Staff who do not like that the Executive Director is "micro managing" them
need to reread the Rules of Governance, and internal policies, and support her leadership
style (which is for their own protection based on past and current problems) or find work
elsewhere.
5. Board Members must stop berating staff in public and usurping their decisions in
public. They must all try hard to treat staff with respect. Just because the past Director
treated the staff as "glorified secretaries" does not mean this behavior can continue.
They must also stop expecting staff to serve as their personal staff.
6. Staff must adjust to the changes in the organization and if they cannot adjust they
need to find work elsewhere. Change is an ongoing process in public and private
organizations all over the world. Employees that cannot handle or deal with change
16
and make their feelings known in a negative way, and do not work cooperatively to
implement the change, cause the organization to be more dysfunctional.
7. The Board must also make a strong and concerted effort to work together to make
the changes recommended and support the Executive Director.
8. The Executive Director should consider keeping her office door open at times.
Having her door closed most of the time (even though she is on the phone much of the time
and needs privacy) sends a signal to staff that she is unavailable. She should ensure staff
that they are always welcome to meet with her and the door is closed only when she is
engaged in conversations that all staff do not need to know about. In terms of her
availability to staff, if she weren't spending so much time trying to get the Board problems
under control she would be more available to them.
17
FINDINGS. COMMENTS AND RECOMMENDATIONS
3. What is the degree to which the vision, mission, and the goals of the organization are
shared and understood by you, other Board members and CRA staff? Please explain.
The following is a summary of the comments made by the staff, and stakeholders.
"I think the vision and mission are shared, the ultimate goal of the organization - there is
pretty much consensus regarding what they want to create. There is generally a common
vision. "
"Job is developing as we speak. Gradually the job is evolving and doing more work. Will
have to work out something more definitive. Everybody is certainly aware of the goals of
the CRA and hopefully we can get everyone on track with fixing the problems."
"I am very clear on the mission, vision and goals of the organization. The Board allowed
the former director to create the vision for them. It is the Board's mission. They serve on
as a volunteer Board."
"To professionalize the CRA and toward administrative policies and procedures and
performance evaluations - so everyone would be treated fairly and equitably. In orderto do
this you need to put SOPS in place. The mission and goals will come in clear view. This
situation (Beretta) has put the Board more in focus with protecting the employee. One of
the major issues here is the commission - some members are talking about dissolving the
Board - if not just to protect staff - iffor their own motivation. No one wants to be dissolved.
Wants to see the linkages. Need serious MBOs."
"Vision and mission statement is understood by me and everyone else. Director continually
reiterates the vision and mission."
"Do not know what our vision, mission and goals are. Do not really know. Not part of the
macro issues. Deal with day to day. Will say that I think that the new people, we would like
to have an orientation day or movie or some type of training on what the CRA does. The
CRA for dummies - it would help us."
"There is no strategic plan which would formalize the vision and mission. It would help the
Board so they can respond to press questions. If the Board had a better handle of where
18
the agency is going, then they would let up on staff. Some times people are doing stuff that
has nothing to do with their department and other times are doing things that are related
to what they should be doing."
"How can the Board measure staff and Lisa and point to successes when we do not have
a strategic plan? We need to track what we do and measure what we do."
"We need to do a lot of work in this area - focus, what the market's wants are and what the
needs are. We need to run the CRA like a business. We have a market and a public that
wants things done. Get away from the past Director and move on with a clean slate.
Measurable goals and objectives and they are tied to the performance evaluation process.
Run it like a business."
Recommendations for Improvement
1. The Board should approve the contract that provides Strategic Management
training and the development of a Strategic Planning document for the CRA.
2. Conduct another downtown visioning workshop with all important stakeholders.
This should probably be done after the eRA Strategic Plan is complete or at least in draft
form.
3. Each Board members should meet with the Executive Director and all CRA staff
once a month in a group meeting to receive an update on their goals and objectives and
to discuss other issues.
19
FINDINGS. COMMENTS AND RECOMMENDATIONS
4. What are your biggest (macro) concerns about the operation and administration
of the CRA, Board meetings and staff interaction with the Board?
The following is a summary of the comments made by the staff, and
stakeholders.
"My biggest concern is interference and Board members not being clear on how they
are to relate to staff and how do we get that to happen? We need to be behind policy
but then ignore it? This is a problem. In terms of meetings, I would like to see more
respect between Board members, basic common courtesy, should apply to everyone.
Not interrupt people in the meetings. When one or two constantly interrupt or override
what you suggest."
"I resent that Board members believe that what the public is saying is true. Our ultimate
employer is the public. The Board should have confidence that the current staff would
not try to screw someone over. People call up the Board and complain so when
someone calls up a Board member, they assume it is true."
"Problem when Board members tell executive director she or he cannot talk to someone
from public that they do not like. I am concerned that one Board Member is bringing us
race and creating confusion by speaking privately with staff."
"A racial divide is being created in the office. Both new staff are being manipulated by
Board Chairman and this causes confusion and undermines the Director."
"Board members are not to give staff directions at public meetings and then have
private conversations with staff and directing staff to do stuff where the Executive
Director does not know what the direction was. Staff should not be expected to do
bidding for a Board member."
"Staff interpretation is that new staff person is tied closely to Board member."
"I am concerned that we now have either 8 people on the payroll and am also
concerned that almost everyone should be getting a raise. I want to feel comfortable
enough that staff are doing what they are supposed to be doing."
20
The Assistant Director position needs to be advertised. Some skills are transferable but
you never know if you are getting the best person who is experienced with CRAs
of Florida."
"My concern is the micro management. Staff are professional - but there is this feeling
that staff are not trusted by the administration. For what reason. We should be working
as a team and there are a lot of secrets. A lot of flaws could be dealt with in a team
process."
"Problem is that administration is worried that board members may be talking to staff.
We should not be worried about Board member's communication styles."
"We need to have an atmosphere of trust and collegial support."
"No board member should criticize a staff person and no staff person should criticize a
staff person. We need to extend courtesy to each other."
"Also concerned about the financial reporting - that Board members are provided with all
of the accurate information in order to make their decisions."
"Executive Director cannot effectively supervise staff and hold them accountable when
new staff members are given things to do by Board member - giving directions in private
and then taking one assignment from one person and giving it to another. The Board
member must have conversation with Executive Director."
"Board member's job /role is not to direct flow of work or assign staff but this is still
occurring."
"Having policy in place and following - followed. Board meetings - staff interaction with
Board, the connections change at meetings. Staff become your resident experts and
have to speak on specific items that come up on agenda on behest of the chairman or
executive director. Should not be filtered through the Executive Director in full public
view."
"I think that the administration of the CRA is doing a good job and Lisa is a strong
manager and I feel good about Robert as her team mate. We always felt that we
needed to have an Assistant Director. I think the planning staff, Vivian and Vince. They
21
need to know their job is."
"We have to know their (staff's) solutions and recommendations. They are not there to
satisfy what the Board wants. They need to recommend what is best for the city. They
might work for the Board but they are still the planning experts."
"Staff need authority and respect but also need to have the facts and expertise to back
up their recommendations. They need to be more assertive. Board meetings are okay
with me. I let my feelings be known. Board knows where Board members stand as this
is the only time we can all be together. We need to air our concerns at the end of the
meeting. So we do not talk about what we should talk about as it is late. I need to do
better job of knowing Roberts Rules."
"New policy covers the problem issues - cannot use resources of CRA to do private
deals on the side. SOPs need to be followed and adhered to. Getting the Board to work
together and work in the same direction. If there are conflicts of interest or conflicts,
resolve them or resign from the Board."
"The biggest concern I have is that as an all voluntary Board, the CRA Board does not
give enough time to the matters presented at the monthly meetings. Some do not even
read the reports."
"I wish the Board was more on our side. Seems like it is us against them. Always
thought that your manager or boss encouraged you and helped you to do your job to the
best of your ability. How do they help us do our job to the best of our ability? They
should be our champions vs. criticizing us for a typo or a problem with airfare. More time
spent babysitting then working with them. Seems like they are more concerned with the
title of the Board member then serving the public."
"It concerns all of us that Lisa has to be so stressed in dealing with the Board. She is
spending more time putting out Board member fires than working for the CRA and
spending time with staff. There is only so much we can do that does not require her
approval. Phyllis needs to be able to spend more time with Lisa. I want training on what
our projects are."
"Since the other Board member resigned, the Board members have backed Lisa up."
22
"People not being clear on what the Board expects us to be doing. We are working in a
reactionary environment. Not being able to point to our successes and not being able
to clearly define our goals and objectives and even from a marketing perspective. It is a
little, there is a level of insecurity of where their future place is in the agency because
we do not have a plan and you do not have concrete goals and objectives, you cannot
really prove yourself, that is documentable."
"If staff were meeting the goals, staff would feel better."
"Having an in-service and an orientation session for Board members. If a Board
member needs to have something, they need to go through the Board Chair and then
on through the chain. If they want to add something, this needs to go through the Chair
and to CRA - must all go back to the Strategic Planning Document."
"Biggest concern is the Board needs to get back on track publicly and that any ethical
issues and conflict of interest issues are eliminated and we get on track. Second that we
get support from the City Commission. You read conflicting statements in the
newspaper regarding whether or not we are doing a good job. I think the staff interaction
with the Board has been clarified and it is very clear that everything has to funnel
through the executive director and appropriately so."
"We should not be spending so much money on the public trolley. Also concerned about
all the consultants we use here. We have too much consulting work. We have
consultants to the consultants. We have to stop this and I have asked for a report and
want to know what we have spent on the consultants."
"We should have a meeting just for the budget - we need to meet quarterly to go over
and review the budget and have a real discussion until we can get a handle around it."
"We need to set two standard meetings a month. This must be done. This would
improve the communication processes and would allow for a more efficient flow of
work."
"We are so overly wrapped up with Board member problems that the mission and work
of CRA will not be able to operate smoothly. Board Chairman's job is not to direct and
appoint staff. I hope nothing happens to override making Boynton Beach better."
23
Recommendations for ImDrovement
1. Conduct annual In-Service training for all Board Members on FL statute 163,
Ethics, and other related topics.
2. Develop a Board Orientation handbook.
3. Board members must not give staff directions that the Executive Director is not
not aware of and has previously approved.
4. Board members need to address their concerns atthe end of the monthly meeting.
5. Conduct two (2) separate Board meetings a month. The meeting dates should be
standard. One should be to address development issues and the other to address internal
issues etc. This will shorten the meeting times and then members will be more alert and
focused. This will improve the communication processes and allow for a more efficientflow
of work. Moreover, meeting twice a month will enable the Board and CRA staff to spend
more time on certain issues.
6. Conduct quarterly budget review workshops for all Board members and staff
so all may become more familiar with how and why the money is spent.
7. Consider paying Board members an annual salary of $10,000. The City
Commissioners are paid $17,000 about. Unless there are legal reasons as to why they
should not be paid, this should be considered. A salary will serve as a motivator and a way
to ensure that Board members are more prepared at the meetings.
8. Conduct a half day or full day training session for all eRA Board members and staff
on employment law which would include all related topics (e.g., Title VII of the 1964 Civil
Rights Act, the CRA of 1991, sexual and other work place harassment and other related
topics etc.). This should occur after the inter-local agreement with the City of Boynton
Beach Human Resources Department is completed. Management staff and employees are
legally entitled to know what their rights are under the state and federal laws.
9. Take a closer look at the amount of money that is spent on consultants. There is
some concern that some of the Consulting firms are hiring consultants.
24
FINDINGS. COMMENTS AND RECOMMENDATIONS
5. How do you perceive how efficient and effective the communication process is
between CRA Board members and CRA staff? What improvements do you think can be
made and why?
The following is a summary of the comments made by the staff, and stakeholders.
"Ultimate improvement is to enforce rules, Board members should not be interacting
with staff to give orders, to tell them how to do their job - but only to get information. The
executive director should deal with that and not have the Board member meet with staff.
Can't hold executive director accountable if she is not given the authority to do her job."
"If Board members continue to not follow rules, those Board members who are following
the rules, they will eventually bring their concerns to the public, like happened before."
"Sees something ugly in terms of race going on - is race a problem, is it a problem that
a woman is the Director and two blacks are not the Director and Assistant Director?
Comments were made to both of them about what job they should have or that they
should not be in their position."
"I think the communication process is pretty good, others will disagree with me."
"Do not see real problems accept, and put in governance policy - the whole issue with
memos, anything coming from a Board member needs to go through executive director,
a couple incidences where Board member sent the memo to the entire Board. Under
Sunshine law we cannot respond. The memo needs to go through the Executive
Director, and then she would let everyone know and then bring it to the Board in a
meeting. It seems that most of it should come through her. Board members should not
send emails out except through the Executive Director. Most communication in general
needs to go through the Executive Director."
"It is not efficient because the Board is not talking with one voice because individual
Board members are putting individual demands on staff. Commissioners think that the
quality of their Boards is adversely affecting their city. There is the intent and will to do
good."
25
"We should try to utilize some of our events for the Board to interact with staff. One
Board member meets with us every month all together. He gets to see us work as team
and sees shared leadership. The Board member gets to ask questions etc."
"When directives are clearly carried out in a clear link with Board policy. Continual
updates of what policies are being laid out by executive director - those that have been
successfully expedited by executive director as well as those that may need some
adjustment. "
"When an email is sent out someone needs to check the language and spelling."
"The communication process among staff could be better. There is a lot of fear and
intimidation used to communicate. There is a new directive - if you have a meeting and
conversation - you have to let Lisa know. The micro managing, borders on paranoia."
''The Board is over managing us - too much oversight on the part of one or more Board
members. They need to step back and trust us. We provide monthly updates separate
from the packets and provide them with daily or weekly press clips. Statement was true
in the past that they did not know what was going on - but this is no longer true."
"The monthly CRA Board meetings need to be reformatted - not a very efficient process
for some meetings to last 5-6 hours. Board needs to be more cognizant of printed
material they receive which will cut down on time spent at meetings. Board packet is
way too big - compared to other CRAs."
"Put Board member comments at end of the agenda. Material should come to Lisa and
then she coordinates with Vivian or whomever. All information needs to be coordinated
through her but it needs to be done quickly so it does not eat up Lisa's time coordinating
communications between Board and staff."
"All communication between staff and Board should be funneled through the Board. Do
not copy all Board members. All should go through her and then she forwards it on to
someone else. Board. Members by law are prohibited from speaking to each other
except at a meeting. If request or information is funneled through Executive Director,
then she can copy all Board members and then assign to appropriate staff."
"Are they reading what we have prepared for them? They may be skimming over but I
26
do not believe they really comprehend what we are doing."
"We inundate them with information so they do not get on their case. We are almost
trying to win approval as there is not a lot of approval from them. If we show them how
busy we are, they will approve us. A lot of quantity but how much quality? Are we
getting anything done well?"
"Many Board members do not know what a CRA actually does per state law. Biannual
retreats - one major with Board only and then one with staff. Update meeting for
progress on a strategic plan."
"They need to read what we write."
"I am uncomfortable that I cannot trust people from week to week here. We need to own
up to what we feel, say and do - tell them to their face."
"Do not put out directives if issue is with one person."
Recommendations for Improvement
1. Board Members must not communicate with each other outside meetings or
send all other members e-mail messages. Some Board members are still violating the
FL government in the Sunshine law.
2. Board members must not communicate with CRA staff without the prior
knowledge of the Executive Director.
3. Board members must not set up conflicts with office staff and Executive Director
This is interference and violates the Rules of Governance.
4. The Executive Director should continue to meet with each Board member on a
monthly or weekly basis. However, all other meetings should be scheduled in advance
and Board members should not monopolize her time outside these meetings.
5. Board members must read the reports before the monthly meetings. If they
cannot make the commitment to read the reports before the meeting in order to
cast a valid vote, then they should consider resigning from the Board. It has been
27
apparent to many staff and other Board members that some Board members have no
idea or understanding of what the issues are.
6. All email and other communication needs to be spell and grammar checked
before sending it out.
28
FINDINGS. COMMENTS AND RECOMMENDATIONS
6. Are there any Rules of Governance for the CRA Board that you feel are:
a. unclear and why?
b. need further clarification and why?
c. not being followed and why?
d. problematic and why?
The following is a summary of the comments made by the staff, and stakeholders.
"Made pretty clear in there that Board members should not tell director who to hire and
fire. Meetings and interaction is to be arranged by Director. You need to have line of
authority - you do not want to shut Board members off from getting information. You
don't want staff from being so afraid to speak to anyone due to Board members or the
director."
"Board member should be able to get the answer from the source. Let Director know
and then be able to talk to a staff. To gather information only - not to tell staff person
what to do and how to do it. If they do not like what the person does, they need to tell
the executive director. And decide if it is something that needs Board member direction
- if it is a policy issue."
"Would like to see further clarification on the behavior of Board members. We need to
remember that we represent the city. We are a very open city in that context. Not one
Board member should have authority to represent or speak on behalf of the Board. Staff
should represent the city, or Executive Director, not the Board. PR person should be the
spokesperson. "
"Rules of governance should not get too specific. Still feel a governance workshop
should be held for both Board and staff. We need 100% participation. Also if you have
individuals that do not follow the governance rules, what do you do? How do you
enforce the rules? Other biggest issue - is the interference of staff work."
"City commission is finger pointing and blameful."
"The fact that we are putting rules of governance in place is a huge step forward and
29
only time will tell whether or not it has been effective."
"One section of 163 still not clear to me. Conflicts of interest (112) - he mentioned two
words regarding behavior implications. I think the Rules of Governance needs an
executive summary. We are just starting to follow. If there are problems we need a
vehicle to make adjustments."
Recommendations for Improvement
1. Conduct an Ethics training workshop for Board members and staff.
2. Have Ms. Apelsperger or the Public Relations vendor conduct Media training for
the Board so they can all speak with one voice. They may also want to consider having
a PR person speak to the media. In the past the media has received conflicting
information about the CRA.
3. Regarding the internal CRA Office Policy Directives regarding staff reports and
appointments, although the directives are viewed by some as micro management of
staff, the staff need to understand that they were put place to protect them against
Board interference and monopolization of their time, as well as to help them document
their activities. On the other hand, if staff are completing their work, they should not view
"keeping their boss informed" as micro management on her part. Moreover, if staff
have nothing to hide regarding their conversations with Board members and the public
then there should be no reason why they should feel intimidated or that the Executive
Directior does not trust them. It is a common and accepted management
practice to review staff work and to be kept informed by staff. Communication is a two-
way process.
4. Conduct Time Management and Communication skills training for all staff and
Communication Skills training for all Board members.
30
FINDINGS. COMMENTS AND RECOMMENDATIONS
7. Do you have any suggestions for improving the governance of the CRA Board,
communications between the CRA staff, and the general management and operation of
the CRA Board in terms of the member's duties and responsibilities?
The following is a summary of the comments made by the staff, and
stakeholders.
"Have a workshop or retreat on these various issues. These workshops are public
meetings. Have an open discussion at a theoretical level - to put members on notice
regarding what they should or should not do. Putting together manual for all the rules
and laws they must adhere to etc. Conflict of interest - so they will all have a personal
resource to refer to. Staff need to deal with these issues in a formal way particularly if
they are feeling intimidated."
"Working out an inter-local agreement with the City HR department (regarding rights as
an employee under state and federal law)."
"Consistently remind people of what the proper process is. These are new rules - and if
they are being violated right away - shows a lack of sincerity. Something so new - it will
take time to remind people - role of the attorney."
"One question is what politics might be at play in community for Board members to be
over zealous to push agency in one direction etc. Could be a problem."
"We can't end the politics but Board members must know that if their politics drive CRA
toward one direction, political position may be weakened."
"They don't get paid (the Board) and I believe it is power for some and if there is
something behind it, they are doing their bid to help Boynton Beach. Staff are paid fairly
and some are paid very well and need to focus on what they are being paid for."
"Training and workshops. No interference. A good orientation for Board members
should be provided as well as a refresher for Roberts Rules of Order. Parliamentary
procedures."
31
"What are the duties of the Chairman between meetings and his relationship with
Executive Director and CRA staff. Is the Chairman the chief spokesman for the CRA for
media relations, clarifying in terms of the CRA. Role of chairman needs to be clarified.
Having a common theme is true and needed but there will be some - who just disagree
to disagree. What the chairman does in the interim between meetings in terms of how
he addresses or responds to issues in public needs to be clarified. Does he just refer it
back to the Executive Director. Does he respond to it for Board or does he refer it to the
Executive Director to respond to for the Board?"
"Board members should have skills directly related to the agency's work and that they
should be well informed of what the agency is doing on a regular basis and provide
regular input to agency problem solving and also, give input on how to look into future
and keep the mission going and keep it going and look down the road and how we are
to accomplish our mission even in tough times."
"Two way communication. It all needs to stop at executive director - so she has a
handle on the throttle of staff productivity. In the past, when a Board member intervened
with a staff member, that staff member did not get other work done."
"It would be nice if Board members treated us with respect that they treat any business
or any people. We are so pressed for time, it would be nice if they showed us the
courtesy and respect by calling advance and not have us take care of their personal
travel. It kind of evolves into their personal travel at times."
"Concern that former Board member is not really gone - only two blocks away. Fear that
he may be involved in a project with the CRA and it starts all over again."
Recommendations for Improvement
1. Finalize inter-local agreement with the City of Boynton Beach Human Resources
Department which will provide CRA employees legal protection under the state and
federal employment laws (i.e., Title VII of the Civil Rights Act of 1964, the CRA of 1991,
the FMLA, the Age Discrimination in Employment Act etc.).
2. Put all Board members on notice that they will be dealt with accordingly if they
do not comply with the Rules of Governance.
32
3. Further clarify all points in the Rules of Governance.
4. Create a performance appraisal document for the Executive Director to ensure
that the CRA Board annually appraises his/her performance.
5. Change the wording under 9.C to reflect "employment" instead of appointment.
6. Change the wording under 9 D. It infers that the Board of Directors can closely
supervise the Executive Director. Perhaps this wording is why the Chair is so involved
with day to day activities, he may be confused by the wording. He may also be confused
as to what his real role is.
7. Remove the words "closely scrutinizing" (9. D. line eleven) and revise to reflect
overseeing all aspects of the CRA....." This word may be interpreted by some Board
members that they can micro manage the Executive Director. Examples of micro
management are: 1) taking job tasks away from one person and assigning to another;
2) directing staff to do something outside the knowledge of the Executive Director; and
3) questioning the qualifications and skills of staff who have already been hired.
8. Change the wording under 9. F. to include putting all notification "in writing
whenever possible."
9. Follow Roberts Rules of Order at all Board meetings. Assign the Executive
Director or Legal Counsel to be the Parliamentarian.
33
FINDINGS. COMMENTS AND RECOMMENDATIONS
8. Do you have any additional comments, and if so outline.
The following is a summary of the comments made by the staff, and
stakeholders.
"Let's focus more on our statutory responsibilities - focus on five main projects. We have
been very scattered and I do not think we have a shared vision. I am hopeful that the
Board is taking the initiative to do the hard work."
"There are too many special events where we do not have something to celebrate. We
should not spend money on stuff where we do not have the attendance. Board cannot
pretend that they are like W.P.B. or Delray Beach. This will happen when we get the
TIFF."
"Looking forward to the report."
"Other than what I said before, people need to focus why they are working here and
why they are on the Board and stop veering off the path."
"I am glad that we are doing this to make improvements and move forward."
"We do not really have any teeth in terms of how to enforce if sops are broken.
Investigate, document and deal with."
"It should not be so formal and structured such that we are afraid to talk to one another
as we are in such a small community. There should be no fear that we have said or
done the wrong thing. There should be a level of trust in staff."
"The agency is headed in a positive direction and am happy about the changes and the
spirit of the staff is very strong and that is a very good sign. Ultimately, our community
will benefit from it."
" I feel very strongly about media training for the Board. An outside firm could provide
the training. If momentarily it is out of the question, then the Chair, Executive Director
and Co-Chair should be trained."
34
"We have a great team of people and a great Board. We are over the major hump of
change. We are doing so good considering all of the adversity, challenges, questioning,
etc."
"We have done so much in the past six months and we need to be able to focus on the
work."
There no recommendations for improvement for this question.
35
APPENDIX
36
INTERVIEW QUESTIONS
1. What are the norms, attitudes and motivations of organization members based
on your role with the CRA? This includes Board members and staff.
Are any of the above problematic and why?
2. What are the effects of the distribution of power and status within the CRA
system (internal staff, Board Members, City administration etc.)? If you feel
there are negative effects please provide specific examples to support your
opinIon.
3. What is the degree to which the vision, mission, and the goals of the
organization are shared and understood by you, other Board members and
CRA staff? Please explain.
4. What are your biggest (macro) concerns about the operation and administration
of the CRA, Board meetings and staff interaction with the Board?
5. How do you perceive how efficient and effective the communication process is
between CRA Board members and CRA staff? What improvements do you
think can be made and why?
6. Are there any Rules of Governance for the CRA Board that you feel are:
a. unclear and why?
b. need further clarification and why?
c. not being followed and why?
d. problematic and why?
7. Do you have any suggestions for improving the governance of the CRA Board,
communications between the CRA staff, and the general management and
operation of the CRA Board in terms of the member's duties and
responsibilities?
8. Do you have any additional comments and, if so, outline.
37
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 into CRA Office Meetin!! Dates CRA Office
0 January 10, 2006 December 27,2005 (Noon.) D July II, 2006 June 27,2006 (Noon)
0 February 14,2006 January 31, 2006 (Noon) D August 8, 2006 July 25, 2006 (Noon)
0 March ]4,2006 February 28, 2006 (Noon) D September 12, 2006 August 29, 2006 (Noon)
EJ April II, 2006 March 28, 2006 (Noon) D October 10, 2006 September 26, 2006(Noon)
. May 9, 2006 April 25, 2006 (Noon) 0 November 14,2006 October 31, 2006 (Noon)
D Junc 13,2006 May 25, 2006 (Noon) EJ December 12, 2006 November 28,2006 (Noon)
NATURE OF
AGENDA ITEM
Consent Agenda
D Director's Report
D Old Business
. New Business
D Legal
D Future Agenda Items
D Other Item
May 9, 2006
SUBJECT SUMMARY PARAGRAPH: lEAGUE OF CITIES GALA DINNER DANCE & INSTAllATION
CRA Board would like to consider participating in the installation dinner honoring our Vice-Mayor Carl McKoy as he
takes his post as the President of the Florida League of Cities.
DATE:
RECOMMENDATION: Approval a table of ten for the CRA Board as sponsors for the above referenced event.
FISCAL IMPACT/FUNDING SOURCE: $1,000.00
ALTERNATIVES: Not approve.
CRA STAFF:
~
k
ector
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTSICompleted Agenda Item Request Forms by Meetingl06 05 09
CRA Board MeetinglFla League of Cities.doc
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IV. CONSENT AGENDA -
A. APPROVAL OF THE MINUTES
RETAIL DEMAND ANALYSIS WORKSHOP-
MARCH 23, 2006
MEETING MINUTES OF THE CRA RETAIL DEMAND ANALYSIS WORKSHOP
HELD AT THE BOYNTON BEACH PUBLIC LIBRARY, PROGRAM ROOM
THURSDAY, 6:30 P.M. ON MARCH 23, 2006
Present:
Jeanne Heavilin, Chair
Marie Horenburger
Stormet Norem
James Barretta
Alexander DeMarco
Ken Spillas, Board Attorney
Lisa Bright, Executive Director
Vivian Brooks, CRA Planner
Absent:
Steve Myott
Henderson Tillman, Vice-Chairman
1. Opening Remarks
Lisa Bright, CRA Executive Director, opened the meeting at 6:22 p.m. and announced the moderator for
the meeting, Dr. Chuck Bohl, had not yet arrived. She explained this is the third and final discussion held
by the CRA regarding the retail study and density issues. At a recent CRA meeting, the Board was
undecided on the density for the downtown area. This is needed as a possible response for a Department
of Community Affairs Initiative that is being sent out April 1 st.
Ms. Bright turned the meeting over to Chair Heavilin. Chair Heavilin indicated the workshop is for
information and discussion only, and introduced Howard Kohn, President of The Chesapeake Group, Inc.
2. Moderator - Chuck Boht Director, Knight Program in Community Building, University of
Miami
Mr. Bohl was not available until later in the meeting.
3. Presentation of Boynton Beach Retail Analysis and Strategy - Howard Kohn, The Chesapeake
Group
Mr. Kohn reviewed his credentials and invited the attendees to view his company's website at
www.chesapeake.com. He explained his firm has worked in areas of the United States that have been
highly successful from a commercial standpoint. Mr. Kohn thought it would be helpful to review some
of the previous information and then go through the new information
Mr. Kohn conducted a variety of activities for the report such as:
· Reconnaissance of the area.
· Stakeholder interviews.
· Tracked retail over time in Boynton Beach and the County and the number of units of each type.
· Survey of businesses.
· Telephone survey with residents of Boynton Beach and the County.
· Comparative assessment and demand forecast.
MEETING MINUTES
CRA RETAIL DEMAND ANALYSIS WORKSHOP
BOYNTON BEACH, FL
MARCH 23, 2006
. Reviewed development both planned and processed, which was critical to their initial figures
resulting in further analysis.
A Comparative Assessment with like communities around the country identified some businesses as
under-represented including:
. Used merchandise stores.
. Limited service restaurants.
· Snack and non-alcoholic beverage facilities.
. Alcoholic beverage facilities.
The Demand Forecast identified two primary markets - one being Boynton Beach residents, and the other
being Palm Beach County residents.
The trend in Palm Beach County is it will continue to grow at about 2,900 new housing units per year.
Growth is occurring due to up-migration from other parts of Florida as opposed to in-migration from
other states.
Mr. Kohn recognized the following in conducting the analysis:
1 . There is continued growth in Boynton Beach and Boynton Beach will capture a greater part of the
growth in the County.
2. There has been some success with urban centers in the County.
3. The growth in households will continue and the residential growth geography will shift because
the virgin land inside the City is near extinct unless the City makes a Boundary Adjustment
formerly known as annexation. This means the redeveloped areas become extremely important.
4. Retail growth is linked to residential growth and he made the assumption the Board did not want
to "steal" from other businesses because, the end result tax wise and job wise, is negated.
5. Price positioning, which was property values have not gone up in the last six months in the same
way they previously had, was reviewed.
6. Congress Avenue is the retail hurdle to overcome.
In determining demand, Mr. Kohn reviewed other critical elements, in order not to "steal" from another
area, and reviewed the following:
· Penetration level for growth in Boynton Beach market segment was 20% to 50%.
. Penetration level for Palm Beach averaged 4% of growth.
. A verage income in the future for residents in the CRA area would be greater than it is today
and more than the average Boynton Beach resident.
. Water resource - Intracoastal.
Mr. Kohn provided the following factors to understand how retail fits in:
2
MEETING MINUTES
CRA RETAIL DEMAND ANALYSIS WORKSHOP
BOYNTON BEACH, FL
MARCH 23, 2006
· Build it and they will come thinking does not work with retail unless there are no other
opportunities, or there are other sufficient intervening opportunities available.
· A household that spends $20K per year on purchase of retail goods and services = $400 per week
(food, gasoline, clothing, automotive, general merchandise operations, etc)
· 80% capture of all $20K was assumed which in addition to the above, included vacations
· Ten retail categories, and within each category there are various types of businesses.
Mr. Kohn reported the proportion of spending going to the non-physical areas is growing by leaps and
bounds and is the fastest portion of retail sales in the United States. Taking the household with $20K in
retail sales, and using a capture rate of 80% would yield $18K in sales. If a business needs $500 per
square foot to pay all the costs of operations in order to show a return on investments, the calculations
would show that one household would support 47 square feet of retail space. Mr. Kohn noted multiple
households coming in and spending on a regular basis are needed.
Mr. Kohn further broke down the above. If a household spends $3,340 per year in food annually and a
supermarket needs $12 million in sales, using a 100% capture rate would yield 3,593 households would
be needed to support that one supermarket. If you capture at 50%, then 7,186 households would be
needed in order to support the supermarket. Mr. Kohn explained the CRA area, geographically, is on the
far side of Boynton Beach and to be successful, the redevelopment area would need to be a destination
trip. He commented that on the way to the redeveloped area, travelers would have to cross over Congress
A venue.
Mr. Kohn noted he has continuously heard that people like the Delray Beach downtown area. He
expressed there are other areas in Florida that have been redeveloped such as Stuart, Las Olas, Coral
Gables and new urbanism projects such as Mizner Park. Mr. Kohn traveled to downtown Delray to
critique the area and determine how much change there has been since he was there last. His observations
were there were a limited number of unique uses and noted:
· A chocolate chain.
· A quilt store, and in addition to those,
· Six or more banks.
· A pharmacy.
· A UPS store.
In the newer western space, there were:
· A pizza shop.
· Sushi restaurant.
· One additional restaurant, and,
· A vacant comer.
Additionally Mr. Kohn noted low density zoning fit right in with the character of the area. There were
antique shops and galleries but they were exclusively situated in older existing buildings, less expensive
buildings. Mr. Kohn also observed the largest of the galleries was closing and the buildings were low
cost maintenance. He urged the CRA to physically look at Delray Beach before all their decisions were
made. Delray Beach currently has professional offices, realtors, lawyers, restaurants located downtown
and it is a traditional main street.
3
MEETING MINUTES
CRA RETAIL DEMAND ANALYSIS WORKSHOP
BOYNTON BEACH, FL
MARCH 23,2006
Mr. Kohn asked the CRA to determine what product and neighborhood character needs to be developed.
The questions to be answered were: how many residential units, where, and what retail uses. Other
factors to consider were:
· New retail may, or may not, locate in the CRA area and not all retail is wanted in the CRA area.
· Whether they wanted a store that would cover a large land mass or a five-story building.
· Regarding holding capacity, the developed plan called for active first floor space that would be
linear retail.
· The coverage area would be 35% to 40% of the site or less.
Mr. Kohn reviewed the issues noted below:
· What is average density to achieve the holding capacity level of retail.
· Is the holding capacity level necessary to achieve successful retail.
· What amount of retail is necessary to achieve retail success in a sub-area (node).
· How many areas need or should have retail, and what are the implications to the CRA's plan.
· Why assume retail is an essential component of the redevelopment of the CRA.
· Are there suggestions or alternative approaches to the situation the CRA is in.
The nodal areas were identified as Boynton Beach Boulevard west of the railroad tracks, Ocean A venue
and Federal Highway excluding under-construction, Woolbright at Federal Highway, Federal Highway
north of Boynton Beach Boulevard, MLK and Seacrest but only east of Seacrest, and MLK east of the
railroad to Federal Highway.
The holding capacity using linear footage would be 900,000 square feet of retail space in order to satisfY
what the plan calls for in those nodes. In reviewing gross coverage of the lot, it came up to 1,000,000
square feet of retail space, and using a more realistic capture rate, the calculations showed more than
1,300,000 square feet would be needed. Mr. Kohn recommended using a 25% capture rate. The
estimates they developed for the Boynton Beach Boulevard node were above 25% including the 2,700
units already in process and an additional] 3,000 to 20,000 units to support the level of retail in the plan
at the present time if not one bit of retail goes outside ofthe node.
Mr. Kohn reported between ] 998 and 2004, Palm Beach County averaged 2,900 units per year. The main
street area would need between] 3 and 31.6 years supply of historic growth for Boynton Beach, (with no
growth elsewhere), to support the retail units. He noted Boynton Beach would also have to take 34% to
47% of the multi-family units in the County over the next ]5 years. He emphasized there was no reason
to believe Boynton Beach could not capture a larger share in the housing market in the CRA area.
Mr. Kohn broke down the area based upon the holding capacity. Boynton Beach, west of the railroad
tracks would need 3,741 units, Ocean Avenue 2,142 units (all on top of the 2,700 units already planned
for), and the MLK area would need 200 to 1,900 units. He emphasized because of the critical mass of
space, lots of other new housing units would be needed in the area to make it successful as well.
The average density to achieve the holding capacity, assuming retail only in the nodes would come out in
the main street area, would come out to 62 to 72 units per acre. The holding capacity is not likely to be
achieved in the next 20 years for retail, rather the factors of success will be the critical mass, the character
of the area and the synergism within the mass. Every study conducted indicates people will walk about
three blocks, in an outside environment, on a regular basis, to shop and do other things.
4
MEETING MINUTES
CRA RETAIL DEMAND ANALYSIS WORKSHOP
BOYNTON BEACH, FL
MARCH 23, 2006
The best location to develop was discussed. Ocean Avenue and Federal Highway would work well up to
Boynton Beach Boulevard. The second area, W ooldbright, would make sense because there is already
successful retail there. If Woolbright redevelopes, the CRA is essentially replacing what is there.
To maintain the character of the area at Ocean Avenue, the minimum square feet of critical mass would
be 300,000 square feet of retail space and preferably 500,000 square feet, not necessarily in linear form.
This includes multiple full service restaurants, evening entertainment venues, wine/cheese,
collectibles/cards and other higher end retail operations. Some of those businesses may already have a
facility on Congress, but could have a second location there. This area would have its own market if it
has its own rooftops.
For the Woolbright node, it was envisioned about 200,000 to 250,000 square feet would be needed and it
would be a good location for specialty supermarkets, (convenience shopping), family priced chain
restaurants (buffets, financial institutions, small electronic stores, i.e. Radio Shacks, etc.)
In addition to the 2,700 units already processed and, in order to make the Ocean Avenue node happen
along with Woolbright, another 10,000 - 12,000 residential units would be needed with retail occurring
only in the nodes. From Mr. Kohn's perspective, changes in the plan are needed. He stressed the need
for a common vision and strongly recommended having visual aids. He indicated the regulations in place
are great for first floor, but it should not be all retail. It should be active first floor space and it needs to
look like active space from a design standpoint,. He recommended the CRA minimize and restrict retail
leases initially elsewhere in the area, and visit other locations to look for patterns and determine if they
are applicable. He further recommended having increased flexibility in the plan design. He reported
zoning and development ordinances are moving heavily in the direction that the development should be
compatible with the surrounding areas to get the highest quality development.
Mr. Kohn showed pictures of Atlantic Station in Atlanta, Georgia, which had multi-level facilities in an
area, heavy with new housing. He explained Dillard's has occupied one of the multi-level structures and
emphasized this was the first time Dillard's has located to a downtown area.
Dr. Chuck Bohl was available and presented his credentials as Director, Knight Program in Community
Building, University of Miami. He worked in Economic Development in New York for about 11 years,
has a background in planning, and is on the Urban Land Institute Executive Committee for South East
Florida. More recently he wrote a book on new town centers and main streets. He was interested in
hearing the Board's comments and recommended waiting until Vivian Brooks, CRA Planner made her
presentation before discussing the issues.
4. Review of Proposed Land Use/Zoning Changes - Vivian Brooks, CRA Planner
Ms. Brooks showed slides depicting mixed use areas and a node She contended Boynton Beach does not
have a downtown area, but functionally, it is Congress Avenue which is not pedestrian friendly. She
noted the mixed uses on Federal Highway, but elaborated Federal Highway is four miles long and is not
walkable. Ocean A venue from Seacrest to the marina was a half mile. She pointed out if you look at
Ocean Avenue east to west, it showed a critical mass. There was the Promenade and Ocean One in the
process of being developed. Marina Village is almost complete. The marina is there and the other
promenade would be an attractor. If you go west, there is the Old High School, Children's Museum and
the Library. The Arches have been approved. There are about 1,600 units going into the area without
development of the post office site and another area which is starting to experience some assembly. She
explained there is a logical pathway in the area.
5
MEETING MINUTES
CRA RETAIL DEMAND ANALYSIS WORKSHOP
BOYNTON BEACH, FL
MARCH 23,2006
She concurred that staff needs to determine the area to concentrate the retail in, and what polices need to
be changed to make that happen.
Dr. Bohls' first impression was the development was driven by how much retail was wanted and then
working from that determining how many housing units were needed. He explained it could be a long
scenario of building a downtown. He reiterated countywide, 2,900 units per year on average were
constructed and were absorbed in the past six years, but questioned the assumption for the next 13-3 I
years that Boynton Beach could capture 34% of the units. He indicated that growth for th~ State of
Florida over the long term looked good and traditionally ebbs and flows. He recommended the CRA
familiarize themselves with the other alternatives and noted Mizner Park had less than 250,000 units.
Dr. Bohl explained traditional main streets are pretty confined and are composed of about 1,000 to 2,000
linear feet. He recommended not thinking of retail in terms of generic items and suggested, in reference
to supply and demand, of thinking in terms of the quality and types of places the retail environments
would provide. He observed there were an abundance of auto-oriented retail but a shortage of the
walkable retail. He agreed, when people decide where they are going to eat, the environment plays a
factor. City Place has struggled in its retail but its restaurants have been hugely successful because it is a
great environment to dine in. He clarified the CRA does not need a huge quantity of retail to create a
great area and one does not need to think in terms of large numbers to create a downtown area.
5. Discussion and Concensus Building: for Various Options - Chuck Bohl
Chair Heavilin opened the floor for questions.
· The current plan calls for four miles of mixed use along Federal Highway. Developers have
been actively encouraged to use first floor retail. Dr. Bohls was asked how to transition from the
current Master Plan to a new design and responded there are alternatives to having active units.
He explained in new places such as Celebration where the market to support retail on day one
was absent, space can be designed initially and then converted later.
· The question was posed regarding the dilemna where developers will design first floor retail and
it would need to be discouraged. Mr. Kohn responded the plan would need significant
modifications once the CRA determines what they want the nodes to look like. What is being
promoted currently is a four-mile linear strip. There is one mixed use zone which was an error.
He indicated that currently, active first floor space is needed but retail is being promoted. Dr.
Bohl added it is a delicate balance. The frontage must be pleasant to walk past.
Ms. Brooks explained most of the map showing mixed use zoning is mixed use low and it is not a
requirement in the code. The problem, she noted, is developers have a difficult time figuring out
what that means. There has been some misinformation that retail was required in the low
category, and they are looking at strengthening the language.
· Examples of communities situated near water that were not resort type areas were requested. Mr.
Kohn responded there are some communities nearby that have created cold space and they are
resort communities with hotels. He suggested looking at the differences in the areas between Ft.
Lauderdale, Las Olas and Sunny Isle Beaches having both commercial and retail from a design
standpoint. He indicated some of the redevelopment that has occurred has been disastrous.
The following comments and responses were received:
6
MEETING MINUTES
CRA RETAIL DEMAND ANALYSIS WORKSHOP
BOYNTON BEACH, FL
MARCH 23, 2006
Ms. Horenburger commented she thought there was too much retail and more office space was needed in
the CRA area. She disagreed the "Build it and they will come." theory would not work. She explained
Delray Beach built and marketed the area and further expressed the problem with any retail space is
always going to be landlord rents. She stressed the rents are astronomical in Delray Beach compared to
what they once were. She observed there are destinations in Boynton Beach such as Two Georges and
the Marina and too much retail downtown along Federal Highway is not good. She thought there should
be tighter nodes.
Dr. Bohl elaborated you can still define the main street. He explained there are different kinds' of places
people will travel to for different reasons. This concept needs more nurturing and protecting.
Mr. DeMarco shared his observations from different areas of the state and country and noted each
location provided a different atmosphere. He elaborated the CRA has the ocean and the intracoastal. He
reported in the area between Boynton Beach Boulevard and Gateway, there are 40 to 50 restaurants. In
one area he visited there was a section of the city that had restaurants from all the countries in the world.
Mr. Kohn felt there is great opportunity here because there will be residential growth as long as the
growth is the way the CRA envisions.
Ms. Bright explained the CRA and the City Commission would be undertaking a visioning process.
Dr. Bohl strongly suggested having visual aids in place for the Visioning Workshop. He explained
drawings cut through the numbers and refines a common vision. It was also recommended a fair
representation from the developers' perspective be given in order to balance the vision versus the cost.
The process could result with a real consensus. Dr. Bohl observed the projects appear to be numbers
driven as opposed to the quality of life. Additional steps that could be taken to assist with the visioning
process would be to do some visualization examples ahead of time so options could be presented and
tweaked, and do as much work behind the scenes as possible such as getting the land values projections
for developers ahead of time. The CRA would not have all the specifics of the regulations to make
everything happen, but the CRA would have the guidelines. Having professional services as facilitators
was suggested.
Dr. Bohl recommended recognIzmg the value of the VISIoning and defining what portions of the
community would look like. To make that happen, development must be based on what can be regulated
and he cautioned to be aware of what the market will support. The importance of knowing what you
want to be was emphasized. The present plan with four miles is unrealistic. The retail industry has
rediscovered street oriented retail and they are being built. In some cases, there are lifestyle centers
locating in the these areas. He suggested looking for a central node, determining what you want and then
capturing it. Dr. Bohl advised it was okay to sacrifice some streets to make sure you have good
pedestrian walkways in others.
Mr. Kohn indicated if he were developing the area, he would have one significant node and would focus
developing along the water. It was also noted having a top floor and first floor restaurant overlooking the
water could be equally appealing.
The CRA observed that people would drive to another county for good food and a good restaurant
atmosphere. Both Dr. Bohl and Mr. Kohn thought it could be a starting point to develop clusters
downtown which happens naturally in cities. Using density to determine restaurant feasibility was
discussed, but as a starting point, if it is done correctly, there could be a higher penetration of a larger
population frequenting those establishments.
7
MEETING MINUTES
CRA RETAIL DEMAND ANALYSIS WORKSHOP
BOYNTON BEACH, FL
MARCH 23, 2006
Hannas Matras, Economic Development Planner for the City of Boynton Beach indicated there should be
a vision, but if some of the visions are unrealistic and they might still want it put in the plan. She added
she went to Celebration on a Saturday afternoon and nobody was there. She ate at a restaurant and there
were about 15 people in the restaurant. She emphasized, locations such as Mizner Park have serious
problems.
New urbanism projects from a residential standpoint have been phenomenally successful but not for
retail. That is not what is being created here, but there will still be a need to have some areas within
walking distances. There will need to be certain components such as office activity, residential
development and retail. The CRA has to determine what they want it to look like. Even if it is the same
business as is located on Congress Avenue, it would provide a different ambience. The whole east side
of Federal Highway does not need to be developed.
There was discussion that the CRA is an advisory body and it would have been much better to have a
joint workshop with the City. The visioning process will be worked on together with the City
Commission and they need to move forward with visioning and place making. The study area will be
broken up into understandable pieces. Mr. Norem recommended taking the lead and selecting who
should attend the Visioning Process. It was noted the CRA should look to the Regional Planning Council
or the F AU center. Using a professional to facilitate the process was suggested.
The report from Mr. Kohn will be delivered to the CRA for distribution.
6. Adjournment
Chair Heavilin thanked all for the presentations. There was consensus to adjourn. Meeting adjourned at
8:15pm.
Respectfully submitted,
Catherine Cherry-Guberman
Recording Secretary
032706
8
IV. CONSENT AGENDA -
B. APPROVAL OF THE MINUTES
CRA MEETING -
APRIL 11,2006
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, APRIL 11, 2006 AT 6:30 P.M.
Present:
Henderson Tillman, Chairman
Stormet Norem, Vice Chair
Jeanne Heavilin
Alexander DeMarco
Marie Horenburger
Steve Myott
Ken Spillias, Board Attorney
Lisa Bright, CRA Director
Absent:
James Barretta
I. Call to Order
Chairman Tillman called the meeting to order at 6:33 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
B. Adoption of Agenda
Chairman Tillman requested hearing Item IX. A. New Business - CRA Policy Discussions first.
Motion
A motion was made by Mr. Myott, seconded by Mr. DeMarco to approve the agenda. A vote
was taken and unanimously carried.
Attorney Spillias suggested adopting the agenda, hearing the consent agenda and then hearing
Item IX. A.
Motion
A motion was made by Ms. Heavilin to approve the agenda as amended. Mr. Myott seconded
the motion that unanimously carried.
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
IV. Consent Agenda
A. Approval of Minutes City/CRA Housing Workshop - February 22, 2006
B. Approval of Minutes CRA - March 14, 2006
C. Approval of a Commercial Fac;ade Grant to McDonald's - $15,000
This item was pulled for discussion at the request of Mr. Myott.
D. Approval of a Commercial Fac;ade Grant to Main Street Car Wash - $5,550
Chairman Tillman announced Item D is withdrawn from the agenda as it was not ready to move
forward.
E. Approval of 2006 C of C Compson Golf Tournament CRA 4-Some-$400
F. Approval of FY05
This item was pulled for discussion at the request of Mr. Myott.
G. Approval of Monthly Financial Results - March 31,2006
This item was pulled for discussion at the request of Mr. Myott.
H. Approval of Change to CRA Policy Manual-Benefits Waiting Period 30 days.
I. Land Use and Zoning Amendment Update
This item was pulled for discussion at the request of Mr. Myott.
J. HOB Feasibility Analysis Update
K. Housing Analysis Update
L. Approval of Boynton Beach Blvd. Corridor Plan
M. Consideration of CRA Office Lease - 915 S. Federal Hwy (Sailfish Realty)
Attorney Spillias recommended pulling this item since the draft in the board's backup had
changed.
N. Approval of AMBIT Marketing contract
This item was pulled for discussion at the request of Mr. Myott.
O. HOB Phase I Self-Assembly Update
This item was pulled for discussion at the request of Mr. Myott.
2
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
Motion
A motion was made by Vice Chair Norem to adopt Consent Agenda Items A, B, E, H, J, K, L.
Mr. DeMarco seconded the motion, which unanimously carried.
Item IX. A. New Business - CRA Policy discussions (heard out of order)
Attorney Spillias explained he was requested to review policies from other local municipalities
regarding governance between the CRA Board and the staff, which he modeled. Attorney
Spillias presented several documents to the board, one of them being the Boynton Beach
Community Redevelopment Agency Rules of Governance.
Attorney Spillias explained the following:
· This was a rough draft of proposed policies based on his research.
· Areas such as spending policies were included.
· The manner in which board members would interact with staff was reviewed.
· The document was submitted to the board members for comments with the request that
each member's comments not be submitted to other board members.
· The comments were not incorporated into the documents because the comments did not
have a clear common theme from the majority of the board members.
Attorney Spillias thought the board member's comments should be discussed, and he
recommended some measure of the proposed Rules of Governance be adopted as an interim
measure. Individual comments of the board could be incorporated into the document provided
the majority of the board agreed.
Attorney Spillias also noted a set of bylaws should be developed containing the normal
provisions for board operations and the bylaws would contain the Rules of Governance. In light
of the public not having the information, Attorney Spillias recommended reviewing the document
by sections.
Section One dealt with the CRA Board, its duties as set out in Florida Statute 163, Part 3 and
incorporated by reference, which establishes the meeting procedures, conflict of interest
provisions as established by Florida Statutes 163 and 112, in addition to other applicable state
laws and City Ordinances.
Subsection 0 dealt with CRA expenditures and establishes that CRA funds can only be used in
furtherance of the CRA's goals as contained in state statutes. This section contained specific
provisions pertaining to the board's requirement to enact a budget showing expenditures and
revenues. Expenditures are not proper until approved by the board. Also, there is a provision
for reimbursement of expenses and all CRA offices, equipment, phones and such are to be
used only for public purposes. Any utilization of such equipment for private purposes would
require reimbursement.
Subsection E was left blank and intended to be a catchall provision.
Attorney Spillias explained the second major section provides for the administration of the CRA
and sets forth the Executive Director will be reviewed annually, and the duties of an Assistant
3
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
Director, if established
The second subsection outlines the duties of the Executive Director listing specific areas of
responsibility, such as seeing that the policies and directives of the CRA are enforced,
overseeing the day-to-day operations, preparing budgets, making recommendations to the
board, attending meetings, etc. There is also a catchall phrase of "other duties as assigned." It
was noted, the job description and the contract provides for those types of duties.
Subsection C provides that no member of the board may dictate to the Executive Director who
to hire or fire, in terms of the staff under the Directors purview, and sets the Executive Director
as the head of the CRA. This section has a Non-Interference Clause.
The Non-Interference Clause, shows the Executive Director as the head of the CRA and
specifically sets forth "except for the purpose of inquiries and investigations, neither the CRA
Board nor its members shall deal with CRA employees who are subject to the direction and
supervision of the Executive Director or with contractors, suppliers or vendors of the CRA
except through the Executive Director and the CRA Board members shall not give orders to any
such employees, contractors, suppliers or vendors either publicly or privately. Except as
specifically directed by the CRA Board as a whole, and is otherwise reflected and officially
adopted and enacted by Board Resolutions, Policies and Procedures, the Executive Director
shall have the sole authority and responsibility to direct the actions and tasks of CRA staff.
Nothing in the foregoing is to be construed to prohibit the CRA Board from closely scrutinizing,
by questions and personal observations, all aspects of CRA operations, so as to obtain
independent information to assist them in the formation of sound policies to be considered by
the CRA Board."
The purpose of the provision is to make it clear that it is the Executive Director, in the line of
communication and authority, who answers directly to the board and the staff answers directly
to the director. Attorney Spillias commented when seven board members are individually
speaking to individual staff members, it makes it difficult for the director, it fractures the line of
authority and it becomes more difficult to hold the Executive Director accountable for the
performance of the staff, if she is not the one who has the ability to direct what they do. Board
members' questions would go directly to the Executive Director.
Subsection E suggests office visits be held via appointment, and with the knowledge of the
director. It is not appropriate to seek information from staff members; rather, requests should go
through the Executive Director.
Subsection F recognizes that the board meets once a month, and if something happens in the
interim, the Executive Director will keep the board reasonably informed. The Executive Director
will work through the first line of communication through the board chairman, and to the extent
possible, to the other members of the board.
Ms. Heavilin inquired how the policy would be enforced. Attorney Spillias explained there is
nothing in the CRA statutes or in the City's enabling ordinances that gives the CRA Board the
specific ability to enforce policies or impose consequences against another board member. The
City Ordinance does have a provision, because the board members are elected for four-year
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April 11, 2006
terms, and can be removed for cause, which would be for inefficiency, misfeasance and
malfeasance in office.
Attorney Spillias explained if this is a process that will be utilized by the City Commission, it
requires notice to the board member and a hearing. Three options were discussed:
1. Once the board policies are promulgated, if there are board member violations in the future,
there would be a provision that the CRA Board could utilize a notification process to that
member that repeat violations would be conveyed to the City for action.
2. Leave the matter to be addressed by the City Ordinance regarding inefficiency, malfeasance
and misfeasance.
3. Ask the City Commission to amend the Ordinance to provide for a particular procedure to
allow for some action to be taken by the City Commission if a board member has violated
policies adopted by the CRA a certain number of times, as determined by the CRA.
Attorney Spillias was not certain whether the CRA Board could develop consequences that
would infringe upon the authority of the City Commission.
Ms. Heavilin thought there should be some steps taken to address the situation. Her other
concern was about communication, specifically when a CRA Board member may have issues
with another board member. She thought those issues should be brought before the board for
resolution. Ms. Heavilin referenced her memo for her other comments.
Mr. Myott agreed with Ms. Heavilin's comments and believed that rules, consequences and
warnings would be appropriate. His thoughts were when an issue arises; the board member
should bring it to the Director. This would allow for an early warning and an opportunity to avoid
an overblown issue. He suggested developing definitions of malfeasance and misfeasance,
and providing an avenue to the Executive Director.
Mr. DeMarco recommended printing a manual to be given to prospective board members as
well as requiring a signature acknowledging receipt of the manual.
Ms. Horenburger agreed the drafted policies were very good. She requested clarification of
Item C.A. on page five which was missing a word, and congratulated Chairman Tillman on his
elevation from Vice Chairman to Chairman. She indicated the state has rules governing
conflicts of interest. She indicated the board operates under state statute, but the CRA hires
their own auditors. She agreed with Mr. Myott's comments regarding consequences and
requested further definition of the word "violations" and if "any violations" included state
violations. She also explained it was common practice if there are three consecutive absences
by a member; the member is automatically removed from the board. She asked if that action
was accomplished via an adopted policy or by Ordinance or Resolution, and how that interfaces
with the state statutes spelling out about the only ways to remove an individual.
Attorney Spillias explained special districts that do not answer or are not appointed by another
board in their enabling legislation are often given the authority to set their own rules, including
rules as to what constitutes inefficiency, misfeasance and malfeasance. This board was
created by City Ordinance and the City Ordinance, as it exists today, does not have any specific
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April 11, 2006
provision like those for special districts~ He indicated if the CRA would like the City Ordinance
to have provisions that would justify causes for removal, then the definition of misfeasance and
malfeasance is needed and the Ordinance would need to be amended. He explained
misfeasance and malfeasance is not defined by statute; rather the definitions would need to be
defined to comply with the court's analysis of misfeasance and malfeasance. He agreed
developing a manual would be helpful, with the addition of a legal section so members would
have the governing statutes available to them. The regulations regarding Public Records Law.
the Sunshine Law, and the Ethics Laws would be included. He suggested having a workshop to
discuss the reaches of the applicable laws.
Ms. Horenburger recommended, Administration Item 2. A. read, "the board shall annually review
the Executive Director's performance on the anniversary or contract date. " or any date set by
the board for review. She requested clarification of Item 6 reading "to employ and remove all
employees of the CRA provided however that independent contractors shall be appointed and
removed in the sole discussion". Attorney Spillias clarified it was meant to read at the sole
discretion of the CRA. The purpose was to distinguish it from the discretion of the CRA
Director.
Vice Chair Norem agreed with the comments the members provided to Attorney Spillias. He
commented that even the appearance of impropriety should be noticed and he conveyed his
belief the members need to conduct themselves accordingly.
Chairman Tillman explained if you have a culture that rewards behavior that is negative, people
will behave that way but the CRA will not tolerate it. He indicated policies have been overlooked
for a long time and now have come back to haunt the CRA. The CRA is addressing the issues
and he emphasized the CRA must hold the public's trust and its credibility must be maintained.
Policies should have clear distinctions about what the board members can and cannot do while
they sit on the board. Moreover, in the most expedient time, the City Commission needs to
develop enabling legislation that will support a defined mechanism to remove a board member
under malfeasance or any other issue it deems within its own rules under its Ordinances. The
CRA should enter into an interlocal agreement with the City to provide Human Resource
services which would provide a procedure for employee grievances within administration. He
suggested a mechanism be provided on the board level to respond to complaints bought by the
CRA Director, Board Attorney or board member. He stressed these policies need to be put in
place in order for the CRA to remain a viable entity. He emphasized for the immediate moment,
the CRA needs to fix what is broken. He indicated he would support a motion from the CRA to
ask the City Commission to remove Mr. Barretta from the Boynton Beach CRA Board.
Attorney Spillias addressed the comments put forward by the board members. He suggested
he meet with the City Attorney to discuss what process could be put in place to address
consequences. He explained there are certain levels of consequences already in place, such
as violation of Conflict of Interest Laws for which there are potential state consequences. The
Sunshine Law has criminal and civil consequences, and the Public Records Law could result in
an agency being sued and liable for legal fees of the suit. He explained there are no existing
State or City remedies for violations regarding the internal operating procedures the board is
considering enacting. He will meet with the City Attorney to craft a recommendation. He
suggested the Executive Director meet with the City Manager to determine if it would be
possible to enter into an interlocal agreement with the City for Human Resource services
Attorney Spillias would need more information about the CRA employee who has a grievance.
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April 11, 2006
Pertaining to Mr. Barretta, the City Ordinance has a provision for removal and there would need
to be a determination made by the City Commission that there is a probable cause that the
board member has acted in a manner that would fall within one of those categories, which
would call for removal.
Motion
Upon Attorney Spillias' verbiage, Ms. Horenburger moved the City Commission conduct an
inquiry to determine whether or not a board member has violated the conduct requirements in
the City Ordinance and if it is determined that he has, to begin the process of removal as set out
in the Ordinance. Mr. Myott seconded the motion, which unanimously passed.
Motion
Attorney Spillias requested a motion to approve the Rules of Governance as an interim measure
and to direct the CRA Attorney and Executive Director to meet with the City Attorney, the City
Manager and, if appropriate, with the HR Director of the City, to pursue the recommendations of
the board with respect to consequences and HR services. Vice Chair Norem made a motion to
the above, seconded by Mr. Myott.
Ms. Horenburger asked if the motion could include having an agreement with the City subject to
the CRA Attorney and Executive Director's authority. Attorney Spillias thought both boards
would have to vote on specific proposals.
It was noted, Attorney Spillias would take the considerations of the board into account in framing
the documents.
Ms. Horenburger asked when communicating problems on the board to the Director whether the
issues had to be in writing or could be conveyed verbally. She expressed her concern the
board may put the Executive Director in an awkward position having to approach a member
regarding a complaint or issue.
Attorney Spillias recommended setting up a reporting process and thought it would be better to
do it through him because he has no direct reports, whereas the Executive Director could be
caught in the middle, especially if it has to do with a staff member. It was thought a
conversation would be held first.
Vote
A vote was taken and unanimously carried.
Ms. Bright requested clarification of the current outstanding complaint. She explained their
administrative policy requires promptness to action, and if the matter continues to drag and the
attorney and she are not permitted to select an HR firm to investigate or perform an inquiry into
the current complaint, the board would be exposed. Without the interlocal agreement, the
matter could take some time.
Motion
A motion was made by Mr. Myott that Ms. Bright and Attorney Spillias are allowed to select an
HR firm immediately to conduct an inquiry and prepare a report for the board. Ms. Heavilin
seconded the motion.
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April 11, 2006
Ms. Horenburger indicated the Board Attorney works for the board, the staff works for the
Executive Director, and the Executive Director works for the board. There would be a conflict.
Attorney Spillias recommended not using an HR firm, rather retaining an attorney with a
background in employment law and HR issues. A maximum dollar amount should be
established and budgeted. Attorney Spillias indicated this situation is unique. Usually HR
complaints are based on certain laws or internal policies being violated and are generally
between one staff member and another, or with outside consultants, contractors or customers.
In those instances, the matters would be entirely within the purview of the HR department or
executive director. This complaint involves a board member and Attorney Spillias represents
the board, not individually but collectively. There is a potential conflict. not legal, but public
impact that is involved. He expressed it would not be inappropriate for him to participate with
the Executive Director in the selection of an individual, but the subsequent written report would
come back to the board and not to the Director. He emphasized the person would be hired to
conduct a factual inquiry.
Ms. Horenburger expressed Ms. Bright has been given the authority to spend up to $10,000 to
conduct the office business and hire expert advice for her and the staff.
Attorney Spillias expressed his concern that it would appear that the Executive Director would
have the authority to investigate the board, which is beyond the authority she has or would want
to have.
Mr. DeMarco recommended having the CRA and City Attorney, as a first step; develop the
proper direction to proceed. Chairman Tillman explained they are trying to put together some
action now while the mechanism kicks in. Ms. Horenburger felt strongly the Executive Director
should make the selection.
Motion
Ms. Horenburger moved that the Executive Director seek temporary HR services until things
can be worked out with the City on HR services.
It was noted there was already a motion on the floor.
Motion
Mr. Myott amended his motion to allow the CRA Board Attorney to work with the Executive
Director to seek other legal counsel to look into the HR Complaint that exists at the present time
for the purpose of an investigation and ultimate resolution. The amount allocated for the
services shall not exceed $15,000. Ms. Heavilin seconded the motion. A vote was taken and
unanimously carried.
The board members commented the CRA has accomplished a great deal over the past six
years.
V. Public Comments.
Chairman Tillman opened the floor for public comments. There being none, the floor was
closed to comments.
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Community Redevelopment Agency
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April 11, 2006
VI. Public Hearing:
Old Business
None
New Business
Attorney Spillias put all individuals who would be testifying under oath and explained the
procedure.
A. Hemmingway Square
Land Use Amendment/Rezoning
1.
PROJECT:
Hemingway Square (LUAR)
AGENT:
Garcia Stromberg Architecture, Inc.
OWNER:
Robert Vitale
LOCATION:
2319 South Federal Highway, NW corner of SE 23rd
Avenue and Federal Highway
DESCRIPTION:
Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) to Special
High Density Residential (SHDR); and Request to rezone
from Community Commercial (C-3) and Neighborhood
Commercial (C-2) to Infill Planned Unit Development
(PUD)
This item was postponed to no date certain.
New Site Plan
2.
PROJECT:
Hemingway Square (NWSP 06-007)
AGENT:
Garcia Stromberg Architecture, Inc.
OWNER:
Robert Vitale
LOCATION:
2319 South Federal Highway, NW corner of SE 23rd
Avenue and Federal Highway
DESCRIPTION:
Request for New Site Plan approval for the construction of
21 town homes, and recreational amenities and related site
improvements on 1.285 acres zoned IPUD.
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Community Redevelopment Agency
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April!!,2006
This item was postponed to no date certain
Heiqht Exception
3
PROJECT:
Hemingway Square (HTEX 06-006)
AGENT:
Garcia Vitale
LOCATION:
2319 South Federal Highway, NW Corner of SE 23rd
Avenue and Federal Highway
DESCRIPTION:
Request for height exception of four (4) , to allow chimneys
to exceed the maximum building height of 34 " for a total of
49 '.
This item was postponed to no date certain.
Motion
A motion was made by Ms. Horenburger, seconded by Vice Chair Norem to table the items. A
vote was taken and the motion unanimously carried.
B. Hathaway Park Industrial Zone
Land Use Amendment/Rezoning
1.
PROJECT:
Hathaway Park Industrial Zone (LUAR 06-007)
AGENT:
Thomas F. Carney, Jr., Esq., The Carney Legal Group,
P.A.
OWNER:
Robert Richardson, Jr., and Mark C. Daly
LOCATION:
East Side of Florida East Coast Railroad right-of Way,
north and south of SE 10th Avenue
DESCRIPTION:
Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) to Industrial
(1); and
Request to rezone from Community Commercial (C-3) to
Industrial (M-1).
Hanna Matras, Economic Development Planner presented the request and recommended
approval.
Ms. Vivian Brooks, CRA Planner supported the request.
Attorney Thomas Carney appeared on behalf of the property owners.
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April 11, 2006
Attorney Spillias asked if any of the members had ex-parte communications on the item or any
of the public hearing items.
Ms. Horenburger declared she had met with Mr. Carney, Ms. Brooks and Ms. Bright to
determine whether the area would be appropriate.
There were no comments from the board or the general public.
Motion
Ms. Heavilin made a motion to approve the request to amend the Comprehensive Plan Future
Land Use Map from Local Retail Commercial (LRC) to Industrial (I). Vice Chair Norem
seconded the motion that unanimously carried.
Motion
A motion was made by Ms. Heavilin to approve the request to rezone from Community
Commercial (C-3) to Industrial (M-1). Mr. Myott seconded the motion that unanimously carried.
C. Harbor Cay
Land Use Amendment/Rezoning
1.
PROJECT:
Harbor Cay (LUAR 06-009)
AGENT:
Richard K. Brooks, Jr., RKB Architects Planners, Inc.
OWNER:
Harbor Cay, LLC
DESCRIPTION:
Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) and Low
Density Residential (LOR) to Special High Density
Residential (SHDR); and
Request to rezoning from Community Commercial (C-3)
and Single-Family Residential (R-1-AA) to Infill Planned
Unit Development (IPUD)
Proposed use:
23 fee-simple townhouse units.
New Site Plan
2.
PROJECT:
Harbor Cay (LUAR 06-011)
AGENT:
Richard K. Brooks, Jr., RKB Architects Planners, Inc.
OWNER:
Harbor Cay, LLC
DESCRIPTION:
Request new site plan approval to construct 23 fee-simple
townhouse units, swimming pool and related site
improvements on a 1.429-acre parcel in the IPUD zoning
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Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
district.
Mr. Eric Johnson, City Planner, presented the request and recommended approval subject to all
the conditions of approval in Exhibit C. Mr. Johnson explained the applicant requested a waiver
to reduce the width of the right-of-way from 40' to 35'. Staff reviewed the waiver request and
agreed with it. In the CRA area, you need 24' of back-up distance behind a parking stall. He
noted on the plan, the parking area shows 23' so there were some areas that could not be
counted as parking areas. He emphasized that was a condition of approval. He also stressed
the adjacent property is vacant and will have a 10' setback, and the rear setback area should be
20'. He noted if the project is approved with anything less than 20' for the setback area, then as
a condition of approval, the building must be moved 20' or a variance applied for. The site plan
shows that area as 10' and a variance has not been applied for. Additionally, compatibility is an
issue. The project is a three-story town home with adjacent residential structures. Staff
initially made a recommendation to reduce the height of Building 5 from three-stories to two
stories. He explained building massing could be a compatibility issue. Consequently, the
applicant revised the plan. Staff reviewed the drainage plan and a more detailed plan would
occur at the permit stage. Staff recommended approval of the site plan subject to the applicant
meeting all the conditions of approval in Exhibit C.
Ms. Brooks reviewed the plan with the applicant and suggested the height of Building 5 on the
southern end of the property be dropped to two stories to be compatible with the adjacent
property having R-1A zoning. She recommended approval of the land use zoning change and
site plan with the conditions in Exhibit C. It was noted the comments in question were condition
numbers 64 and 65.
The applicant, Mr. Sid von Rospeunt , CEO of Groupo Tango, the parent company and owner of
the property, was present. He indicated when he purchased the property it was his intent to
improve the area. In reference to Building 5, he wanted to keep the appearance of the
community and could move the building back giving a 15' rear setback. He requested the City
Commission grant a compromise for the 15' setback area because it would not affect the overall
appearance of the community. He explained they planned too much parking. The City's
requirement was 46 parking spots with guest parking. Their plans showed over 60 parking
spaces and will remove the excess spaces when they file their permit application giving only 10
extra parking spaces. Some of the areas, such as Building 1, are missing one inch. On the
other eastern side of Building 5 there is 23' and they will work something out there. They will
meet the City's concerns and remove the parking from the site plan.
The height of Building 5 was discussed. The applicant decided to keep the roof as a flat roof.
The intention was to purchase more land in that area, in order to continue building. At that point
they would remove the height restriction. He explained Building 5 has two town houses, two
center and two corner units. He explained dropping the height to two stories would cause the
homes to become one bedroom, which are unsellable. He hoped that having a 15' compromise
would be acceptable. He requested the board recommend moving forward with the project and
becoming a good corporate citizen.
Mr. Myott had some concerns regarding the elevations of the dwellings in the back of the project
and thought they were completely unacceptable because the lack of the tile roof elements gave
the appearance the roof was taken off. He indicated he could support the project with the flat
roof buildings, but the elevation of Building 5 was unacceptable. Mr. Myott did not see a way to
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Community Redevelopment Agency
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April 11, 2006
resolve the issue by keeping Building 5 in the plan. He also had questions regarding the wall
and signage.
Ms. Heavilin expressed concern about a variance and the parking spaces being eliminated.
She expressed she thought the plan looked incomplete with the changes. She agreed with Mr.
Myott that Building 5 should be put in Phase II.
Ms. Horenburger asked if the CRA area had a Constrained Roadway at Lower Level of Service
(CRALLS) designation. Mr. Johnson explained they have a Traffic Concurrency Exception Area
(TCEA) in the CRA area. She concurred with the concerns raised by Mr. Myott and Ms.
Heavilin. It was noted to date there have been no variances granted for setbacks in the IPUD
areas. She requested clarification about reducing the width of the right-of- way on the internal
street on the south side to 23'. Ms. Horenburger expressed she would like to see as much
parking as possible and agreed the height needed to be adjusted for Building 5 or it should be
put in Phase II.
Mr. DeMarco asked if the developer agreed with all 83 conditions of approval. He responded
there are only about 80 conditions that are affected at the permitting stage. He indicated he
would address them and agree to them. He explained taking Building 5 out is a financial issue.
Mr. Johnson explained comments numbers 64 and 65 pertain to Building 5. He was concerned
about the 5' setback on US 1.
Vice Chair Norem indicated he thought it might be difficult to obtain a variance under the criteria.
He expressed he would like to see the developers come in and meet the requirements up front.
Mr. Von Rospeunt expressed there are certain times when exceptions need to be made. He
responded they can work on Building 5 and suggested perhaps they can design a different roof
for Building 5 because it will be a certain distance from the next property line back.
Chairman Tillman questioned how emergency service access would be affected by over
parking. He saw the project as in motion but not ready for the board.
Chairman Tillman opened the floor for public comments.
Ms. Bonnie Jones, a resident of Lakeside Harbor Drive indicated she would be impacted. Her
concern was regarding the parking. She indicated the property was never intended for 23 town
homes. When gates were installed at her community there was a turnaround easement issued
by the previous owner for the occupants of Lakeside Harbor Drive. After the hurricane, the gate
was slightly damaged but operational. After demolition of the property, the gate was totally
damaged. They approached Mr. von Rospeunt about moving the gate back. He indicated they
could not because they would not be compliant. She indicated the community paid $20,000 for
the gate. She requested clarification about the future of the property and she noted Phase II
was still conceptual. She had an issue how the project would look from the back. She indicated
she did not see drainage ponds and there was no storm water drainage. There was only the
pitch from Federal Highway to the Intracoastal Waterway for run-off and there is low-lying land
that will flood.
Chairman Tillman closed the floor for public comments.
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Attorney Spillias clarified his previous request regarding ex-parte communication pertained to all
items on the agenda. The board members responded they did not have any communications
regarding the agenda except as noted earlier by Ms. Horenburger.
Mr. Richard Brooks, the Architect for the project, was present. He indicated Lakeside Drive
bisects the property. He explained the project was designed to have a plaza in the center and
that is why the street passes through it. He explained it is very different than other areas and
the villa or older estate type of building was appealing. He took exception with the existing
zoning. He explained normally any project with a PUD connotation usually has flexibility. He
explained they have created a dense, but exciting project with many restrictions. He indicated
the entrance trellis was incorporated because Lakeview Harbor Drive tends to divide the
property. The trellis tends to pull it together.
There was a recommendation for approval subject to all the comments.
The developer indicated they would work on Building 5 when they get to the permitting stage.
They would temporarily take the corner unit to the south to a two-story unit and create a roofline.
Ms. Horenburger asked about the setbacks and a variance.
Attorney Spillias clarified the request can be approved subject to approval of a variance. If the
variance were not approved, the site plan would be invalid. It was noted the Land Use
Amendment could not be approved without the site plan.
Mr. Johnson read Site Plan Condition 65 for the record: The City is not obligated to
automatically approve the level of development intensity request for the IPUD. Instead, it is
expected to approve only such level of intensity that is appropriate for a particular location in
terms of land use compatibilities (Chapter 2, Section 5.L.1.c.). Therefore, staff strongly
recommends limiting Building 5 to two-stories rather than three-stories, eliminating the eastern
portion of the third story of Building 5, or increasing the width of the east landscape buffer so
that the setback of Building 5 is equivalent to Building 3, Units 16 through 19.
Motion
Ms. Horenburger moved for approval of staff comments.
Mr. Johnson explained the applicant is required to submit a drainage plan which is preliminary.
The review showed a legal positive outfall. A more detailed review is always conducted at the
time of permitting. Staff had no comments regarding the gate. There was no plan by the
applicant to relocate the gate anywhere on site, and relocation off-site would have to be
reviewed by staff.
Laurinda Logan, Sr. Engineer conducted a preliminary review and indicated the applicants
addressed Engineering's concern. There was one condition of approval, noted as Comment 11
regarding the neighborhood's concerns with drainage and the additional ground elevation
information so they can evaluate historic flows. This could be done during the permitting stage.
She was approached about relocating the gate and the ability to make turnarounds. The
homeowners need to work with the developer regarding a cross-access agreement for turn-
around movements.
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Mr. Myott thought a comment should be added that all buildings have like roof designs.
Mr. Mike Rumpf, Planning and Zoning Director, explained the roof was modified on Building 5
to minimize the height, which allowed the applicant to have smaller setback requirements. He
elaborated Comment 64 had been addressed by both the board and the applicant.
Comment 65 recommends the eastern half of Building 5 be reduced to two stories. He noted
Comment 65 is not a new comment by staff. The same comment was used on the Seaview
project, which influenced them to provide patios on the upper units. He explained they
are meeting the minimum requirements of the IPUD. Staff is recommending above and beyond
the Code to increase compatibility.
Motion
Mr. Myott moved to approve the request to amend the Comprehensive Plan Future Land Use
Map from Local Retail Commercial (LRC) and Low Density Residential (LOR) to Special High
Density Residential (SHDR) subject to all staff comments. Ms. Horenburger seconded the
motion that unanimously carried.
Motion
Mr. Myott moved to approve the request to rezone from Community Commercial (C-3) and
Single-Family Residential (R-1-AA) to Infill Planned Unit Development (IPUD) subject to all staff
comments. Ms. Heavilin seconded the motion that unanimously carried.
Motion
Mr. Myott moved to approve the request for new site plan approval to construct 23 fee-simple
townhouse units, swimming pool and related site improvements on a 1.429-acre parcel in the
IPUD zoning district subject to all staff comments and the additional comment that all buildings
shall have a similar roof design. Ms. Heavilin seconded the motion that unanimously carried.
D. Seacrest Boulevard
Land Use Amendment/Rezoning
1.
PROJECT:
Seacrest Low Density Residential (LUAR 06-014)
OWNER:
City Initiated
LOCATION:
West Side of Seacrest Boulevard from NW 3rd Avenue to
north of NW 6th Avenue
DESCRIPTION:
Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) to Low
Density Residential (LOR); and
Request to rezone from C-2 Neighborhood Commercial to
R-1 Single Family Residential
Proposed use:
No change proposed.
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2
PROJECT:
Seacrest High Density Residential (LUAR 06-015)
OWNER:
City Initiated
LOCATION:
West Side of Seacrest Boulevard from NW 3rd Avenue to
north of NW 6th Avenue
DESCRIPTION:
Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) to High
Density Residential (HDR); and,
Request to rezone from C-2 Neighborhood Commercial to
R-3 Multi-Family Residential.
Proposed use:
No change proposed.
Ms. Matras, Economic Development Planner reviewed the request and recommended approval
of both zoning amendments. The requests are consistent with the cited policies in the
Comprehensive Plan, exceed the criteria outlined in the Land Development Regulations, and
are in keeping with the Heart of Boynton Plan.
It was noted the high-density residential change was to accommodate the Ocean Breeze
project. The land purchase that would be part of the single-family zone project should occur
before April 19.
Ms. Heavilin had an issue with the first request up to NW 6th. She would prefer to see it zoned
R-3. She explained it would afford the opportunity to put in a few additional units.
Motion
A motion was made by Vice Chair Norem to approve the request to amend the Comprehensive
Plan Future Land Use Map from Local Retail Commercial (LRC) to Low Density Residential
(LDR). Mr. DeMarco seconded the motion that passed by vote of 5 to 1. (Ms. Heavilin
dissenting).
Motion
A motion was made by Vice Chair Norem to approve the request to rezone from C-2
Neighborhood Commercial to R-1 Single Family Residential. Ms. Horenburger seconded the
motion that unanimously passed.
Motion
Vice Chair Norem moved to approve the request to amend the Comprehensive Plan Future
Land Use Map from Local Retail Commercial (LRC) to High Density Residential (HDR). Ms.
Horenburger seconded the motion that unanimously passed
Motion
Vice Chair Norem moved to approve the request to rezone from C-2 Neighborhood Commercial
to R-3 Multi-Family Residential. Ms. Horenburger seconded the motion that unanimously
passed.
16
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
E. Monnin Alley
Abandonment
1.
PROJECT:
Monnin Alley (ABAN 06-006)
AGENT:
Mary Ann Monnin
OWNER:
N/A
LOCATION:
Alley located between NE 5th and NE 6th Avenues,
extending approximately 150 I west from NE 3rd Street.
DESCRIPTION:
Request to abandon a portion of an unimproved alley
located between NE 5th and NE 6th Avenues, extending
approximately 150 ' west of NE 3rd Street.
Mr. Ed Breese, Principal Planner, presented the request and recommended approval subject to
the conversion of a 10' right-of-way to a 10' easement. Mr. Breese showed the location of the
applicant's property and indicated the surrounding property owners are in agreement with the
abandonment. The current zoning is C-4.
There were no comments received from the public.
Motion
A motion was made by Ms. Horenburger to approve the request to abandon a portion of an
unimproved alley located between NE 5th and NE 6th Avenues, extending approximately 150'
west of NE 3rd Street. Vice Chair Norem seconded the motion that unanimously passed.
Ms. Horenburger left the meeting at 9:00 p.m.
F. Deliverance by Faith Church
Conditional Use
1.
PROJECT:
Deliverance by Faith Church (COUS 06-006)
AGENT:
Michael E. Sipula, JMS Architecture Design, Inc.
OWNER:
Glenn Lyons
LOCATION:
South side of NE 10th Avenue, approximately 50 I west of
Railroad Avenue
DESCRIPTION:
Request for conditional use/new site plan approval for the
construction of a 3,538 square foot church and a 1,712
square foot daycare center within a single structure, and
related site improvements on a 0.666-acre parcel zoned C-
2
17
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
Mr. Breese presented the request and recommended approval subject to the conditions In
Exhibit C of the Conditions of Approval. The church is presently located on MLK and the yard
will be fenced in. Daycare requirements mandate the play yard be enclosed.
Ms. Brooks explained the Heart of Boynton Redevelopment Plan calls for a node of commercial
development on the east and west ends of MLK; one at Seacrest Boulevard and one at Federal
Highway. The recently conducted retail demand analysis indicated having a lot of retail within
the Heart of Boynton would most likely be unsuccessful. This project is not sitting in the Heart
of Boynton Plan but is within the Code. There presently is a small commercial building on one
side of the project and vacant property on the west side.
Quintus Greene, Development Director for the City, clarified the reason the church is located at
this site is because the current location and the property that was formerly owned by the church
is on the north side of MLK within the Phase 1 Heart of Boynton Implementation Area. The City
was able to work out an arrangement with the church for a land swap. The property the church
is locating on was formerly owned by the City, and the City now owns the property within the
Phase I area of the Heart of Boynton Plan.
Chairman Tillman opened the floor for public comments.
Mr. Lloyd Powell, on behalf of the property owner on 1112 North Federal Highway, the Alpine 7
Company, Inc., a/kJa Alpine Florist, was present. He expressed his thoughts it was in the best
interest of the City to agree with the conditional use, and thought it was a shame the vacant
building immediately to the south, formerly a pub, could not be included.
Chair Tillman closed the floor for public comments.
Mr. Myott had some questions.
Mike Sipula, Architect with JMS Architectural Design was present and responded to Mr. Myott's
concerns as follows:
The structures over the windows are lean-to eyebrow roofs made of pickled wood, cedar
exposed and tongue and groove underside plank.
They will use asphalt shingles. To use other materials, such as cement tiles would be a cost
factor, probably twice as much, or more.
Mr. Myott suggested using bahama shutters as an option to the eyebrow roof.
Motion
A motion was made by Mr. DeMarco to approve the application.
Mr. Sipula requested confirmation about Condition 9, which was using a 35" sight triangle. Mr.
Breese indicated there could be some flexibility on this request and suggested the board
approve the condition subject to the condition meeting approval by the Engineering Department.
18
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
Motion
Mr. DeMarco amended his motion to approve the staffs approval of #9 and all the other
conditions. Vice Chair Norem seconded the motion that unanimously carried.
It was noted Mr. Sipula was agreeable to using bahama shutters.
VII. Pulled Consent Agenda Items
C. Approval of Commercial fa<;ade grant to McDonalds - $15,000
Mr. Myott questioned why a fa<;ade grant is being used for paving. He felt paving was
maintenance. Ms. Heavilin explained they have approved fa<;ade grants in the past and a
precedent has been set. The board could rewrite that portion of the policy for future fa<;ade
grant requests to exclude paving.
Motion
A motion was made by Vice Chair Norem to approve the request. Ms. Heavilin seconded the
motion. A vote was taken and the motion carried by vote of 4-1. (Mr. Myott dissenting)
F. Approval of FY05
Mr. Myott requested clarification on the Budget Amendment General Fund. He indicated funds
are being moved. Mr. Robert Reardon, CRA Interim Assistant Director, responded there are
some accounts that are no longer being used. Those funds could be transferred to balance
other line items.
Motion
A motion was made by Mr. Myott and seconded by Vice Chair Norem to approve the FY05
Budget Amendment General Fund. A vote was taken and unanimously carried.
Ms. Heavilin suggested having a one-sentence explanation for these items for informational and
audit purposes. Mr. Reardon will provide the information going forward.
G. Approval of Monthly Financial Results - March 31, 2006
Mr. Myott indicated the monthly financial results showed the expenditures at 21 % and the
receipts reflect 78%. He questioned whether this is normal at this point in the fiscal year. Mr.
Reardon explained it was.
Motion
A motion was made by Vice Chair Norem to receive Item G and file for audit. Ms. Heavilin
seconded the motion that unanimously carried.
I. Land Use and Zoning Amendment Update
Mr. Myott indicated the amendment is being submitted to the Department of Community Affairs
(DCA) as a do not review application and asked what it meant.
19
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
Ms. Brooks responded not all the different agencies would review the amendment. It shortens
process by about 30 days. She added the change is not a significant change and the request is
consistent with state policy.
Motion
A motion was made by Mr. Myott and seconded by Vice Chair Norem to approve the request to
submit the update as indicated. A vote was taken and unanimously carried.
M. Consideration of CRA Office Lease - 915 S. Federal Hwy (Sailfish Realty)
Attorney Amy Dukes explained this item was pulled because the board's back up was different.
She reviewed the changes in Article 2 regarding security deposits. The change was the
landlord agreed to refund to the tenant the security deposit plus 3% interest and if the tenant
terminates the lease, the tenant forfeits the refund unless something else could be worked out.
The other change was the landlord is being lenient in allowing the CRA to make any
improvements whatsoever to the building, as long as they are notified in writing, and the
landlord will repair anything over $75.
It was requested the changes be reflected in redlining. Ms. Dukes explained the comments to
the lease were received back from the landlord after the CRA packet was distributed to the
board members.
Motion
A motion was made by Ms. Heavilin to approve the lease. Vice Chair Norem seconded the
motion that unanimously passed.
N. Approval of AMBIT Marketing Contract
Mr. Myott indicated this is a significant contract and requested further information.
Margie Adelsperger, Marketing Communications Manager indicated after the RFQ, there were
six different companies that responded. This company was the most qualified and the funds
were available. Ms. Bright explained the original request came in at over $200,000. Staff did a
great job and tweaked the proposal down to get the basic marketing, public relations and
collateral needs met until at least the end of the budget year (September 30th).
Motion
A motion was made by Mr. Myott and seconded by Vice Chair Norem to approve the contract.
A vote was taken and the motion unanimously carried.
O. HOB Phase I Self-Assembly Update
Mr. Myott inquired whether Mr. Finkelstein and his partners signed the Letter of Intent. Ms
Bright responded they had.
20
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
Motion
Mr. Myott moved to approve Item O. Ms. Heavilin seconded the motion that unanimously
carried.
VIII. Old Business
A. Consideration of Staff Job Task Analysis - Linsey Willis, LJ Craig & Associates
Dr. Linsey Willis was present and indicated she conducted over 18 hours of interviews spending
time with each employee and developing job descriptions for the agency. She included a table
of data and a report giving recommendations concerning staffing changes, and financial
considerations. Ms. Bright indicated the comprehensive document is in the CRA office and is
voluminous. It is available for inspection or copying. Action on this item will take place next
month. Ms. Bright will send out a condensed memo for the board's review.
B. Updated of Old High School Charrettes and Consideration of RFP Solicitation
Corey O'Gorman, CRA consultant provided an update on this item and indicated he conducted
Open House Sessions. Those who attended the sessions supported renovation, reuse, and
adaptive reuse of the building and preferred uses whether public or private, that gave public
access to and use of the building. The 52 people who attended the Open House Sessions
agreed that well maintained grounds could be used for public entertainment and events and
supported public funding of the project. The public input has been incorporated into the
solicitation and the CRA is preparing to issue the solicitation which requests statements of
qualifications and conceptual proposals from firms that are qualified to renovate and occupy the
old high school. The firms also need to have a proven record of providing the financing
necessary for the renovations as well as long-term operation and maintenance. The
requirements of the solicitation are demonstrated financial capabilities; conceptual renovation
plan, description of proposed uses and a business plan for long-term operation. There is a
mandatory pre-poposal meeting scheduled for May 12, and proposals will be due on June 21,
2006.
There were no comments from the board on this item. Ms. Bright indicated legal staff has
approved the draft solicitation.
C. Consideration of CRA Land Trust - Tim McKenzie, Burlington Associates
Ms. Bright indicated this item was a continuation of an idea from the former director to create a
land trust. Currently the CRA staff did not have a mechanism for implementation. In January,
she spoke with Burlington Associates who helped Delray implement their program. Mr.
McKenzie indicated to her that there are policy issues involved.
Mr. McKenzie indicated for a Community Land Trust Program (CL T) to meet its full potential, the
community needs to know and understand there is a big difference between an affordable
ownership housing program and an affordable ownership payments program. The distinction
has to do with outcome. He explained he has been involved with the start up of 80 Community
Land Trust Programs and there are now close to 200 modeled after the ones from Burlington,
Vermont.
21
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
To aid the board members in policy decisions, he explained in 2004 the Department of Housing
and Urban Development (HUD) performed a retrospective report on the first 10 years of the
H.O.M.E. program. As an entitlement community, Boynton Beach received a check from HUD
each year since 1992. HUD assisted 270,000 individuals nationwide purchase a home. With
the exception of the 3,000 homes that are CL T homes, each one of those homes sold to the
initial homebuyer at an unaffordable price, and each home has either already sold or will soon
sell at an unaffordable price to the next buyer. The policy question is what possible outcome
could be expected from a program that is designed to assist income qualified, credit worthy,
mortgage ready households purchase unaffordable homes, other than the homes are
u naffordable.
Burlington created an alternative to the program and not an adjunct and:
. The program does not require more money be spent, just that the funds be spent wisely.
. For the same dollars, the policy shift for consideration is the difference between
providing subsidy to a buyer to purchase a home that is unaffordable and will continue to
be unaffordable, or subsidizing the property itself so the property can sell at a price the
public can afford, in exchange for an agreement which was to pass the deal on to the
next buyer.
. Each buyer earns equity.
. Each CL T comes up with a formula that allows each home buyer to earn some
percentage of the increased value of the property.
. He explained his study of communities that run both programs side by side, is the CL T
program withers.
He elaborated the non-CL T program favors the homebuyer, but the public's benefit for those
dollars invested is nearly zero. Within the period of time the average homebuyer will sell their
home, when they sell, in that year any subsidies that are being provided to replace that unit are
replacing a unit that was already paid for once. His thought was to keep adding to the system
until you have as many units as you need. It will never get larger than it needs to be because
people would prefer to purchase a home without restrictions. He explained an appraiser cannot
use a restricted transaction as a comparable for an unrestricted transaction because they are
two separate markets. He encouraged Boynton Beach take the same approach as Delray
Beach. He applauded the CRA's resolve in securing funds to begin the program.
Mr. Myott requested confirmation that if you have a CL T, that program should be the only
program available. Mr. McKenzie responded you achieve the same outcome without using a
ground lease, which is the core legal mechanism that allows for enforcement and monitoring of
the resale restrictions and affordability covenants that would normally be imposed via a deed
and a second mortgage on the homebuyer. It can be done with a deed. He suggested the
entity to receive the funds be charged with the task of managing the resales. He explained
there are very subscribed governance models for a CL T. There are classic model bylaws,
model ground leases and much of the detail has been worked out. It will require the
communities collaborate on the idea.
Ms. Bright explained Boca Raton and Palm Beach County have approached Boynton Beach to
consider a land trust. She explained she would like the board to consider starting a discussion
with the City of Delray Beach to determine whether they could discuss a partnership opportunity
22
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
or contract for services since they are already involved. She requested clear guidance and if
the board is not interested in this avenue, to alert her and she will take it off the agenda.
Chairman Tillman explained this item should be workshopped. He indicated he thought the
board would like to consider it, but could not to make the determination right now.
Ms. Heavilin explained she would like more information. She indicated the materials she
reviewed made sense to her but it would require a shift in affordable housing thinking. She
would like to have a workshop, but it was noted by Ms. Bright the fallback dates are already
booked and she would have to work with the members.
D. Approval of Urban Design Guidelines for CRA
Ms. Brooks explained the document contained a great deal of input from the board. There was
an issue with Chapter 11 of the document, pertaining to streetscapes. It was suggested hiring
outside help to rewrite the chapter. Ms. Brooks did not recommend that avenue. She explained
the issues have not been with the contractor (RPF) or the content, as it is with the assistance
and technical side of the issue. RPK was put under contract for a park design and has a good
reputation regarding landscaping. She believed she ameliorated the board members concerns
by taking out exact names of street trees and saying "where there are adopted streetscape
plans, developers will follow those" or if there is existing streetscape, the developer will follow
that. She indicated she believed the issue was addressed by leaving the process dependent on
which district in the CRA area one lives in, and allowing the development to follow the particular
designs that are already approved.
Mr. DeMarco would like to see the figures for the consulting fees and a list of the consultants,
who the consultants are, how much was spent and what benefit was gained.
Ms. Brooks explained, if you pay the consultant fees and do not implement the
recommendations, the fees spent would be wasted. The benefit is that hopefully the projects
will be better designed and more fitting to what they would like to see. She also added this
particular issue was started in 2004.
Motion
Mr. Myott moved to approve the Urban Design Guidelines. Ms. Heavilin seconded the motion.
Ms. Heavilin asked if any developers reviewed the document.
Ms. Brooks responded when developers meet with her, most of what she advises them is out of
the manual. She explained they are guidelines and there is some flexibility, but most architects
are familiar with urban design guidelines.
Vote
A vote was taken on the motion that unanimously passed.
IX. New Business
A. CRA Board Policy Discussion
23
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
April 11, 2006
X. Comments by Board Members
Mr. Myott inquired about correspondence received from PomCor, Inc., It was explained it was
mail that was copied to the members for informational purposes only
Ms. Heavilin indicated she would like to resume discussions with the City to revisit the Heart of
Boynton Plan. Ms. Bright explained the CRA is waiting on a feasibility study. To date, some
preliminary information was received. Treasure Coast should be making a presentation to the
CRA at the next meeting. From there, the CRA can decide whether to meet with the City
Commission.
Vice Chair Norem suggested reviewing the Fa<;:ade Grant Program as it pertained to paving. He
recognized paving is, to some extent, an aesthetic issue but was also a maintenance issue. He
suggested the grant should come with some expense to the owner. Ms. Brooks explained the
grant is a match program.
Ms. Robin Murray, Economic Development Planner, explained what IS helpful to board
members and the public is to have clear definitions.
Chairman Tillman commented he was happy to be Chairman and glad to have Vice Chair
Norem as Vice Chairman. He believed that with support, they would become more effective.
He expressed he intends to be successful with this endeavor. He expected the members to do
their best and was glad to be in with a group of individuals that has the ability to continue to rise
to higher heights.
XI. Comments by Board Attorney
XII. Comments by Staff
Ms. Bright expressed her excitement with the new leadership. She reminded the members the
State of the City Luncheon will be held on April 12th. She announced the Visioning Workshop
will move forward and the City Commission has appropriated funds for that process.
XIII. Future CRA Workshops:
April 20, 2006 - City/CRA Development Project Presentations - Senior Center: 6:00 to 8:00 p.m.
XIV. Adjournment
There being no further business, the meeting adjourned by consensus at 10: 13 p.m.
Respectfully submitted,
Catherine Cherry-Guberman
Recording Secretary
041206
24
IV. CONSENT AGENDA -
C. APPROVAL OF FINANCIAL RESULTS --
APRIL 30, 2006
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 into CRA Office Meetin!! Dates CRA Office
0 January 10,2006 December 27,2005 (Noon.) 0 July 11,2006 June 27, 2006 (Noon)
0 February 14, 2006 January 31,2006 (Noon) 0 August 8, 2006 July 25, 2006 (Noon)
0 March 14, 2006 February 28,2006 (Noon) 0 September 12, 2006 August 29, 2006 (Noon)
D April 11, 2006 March 28, 2006 (Noon) D October 10, 2006 September 26, 2006(Noon)
. May 9, 2006 April 25, 2006 (Noon) D November 14, 2006 October 31, 2006 (Noon)
0 June 13,2006 May 25, 2006 (Noon) D December 12,2006 November 28,2006 (Noon)
NATURE OF
AGENDA ITEM
. Consent Agenda
D Director's Report
o Old Business
D New Business
o Legal
o Future Agenda Items
o Other Item
DATE:
April 25, 2006
SUBJECT SUMMARY PARAGRAPH: Monthly budget report to the CRA Board representing the revenues and
expenses for the month ending April 30, 2006.
RECOMMENDATION: Review and comment.
FISCAL IMPACT/FUNDING SOURCE: As of April 30, 2006 the CRA had received 79.34 % of expected revenue
and expended 27.84% of its appropriations for fiscal 2005-2006.
ALTERNATIVES: N/A
CRASTAFF: ;: J - .J---ij-~
RO:E~RD1N, ~terim Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 04 11
CRA Board Meeting\Monthly Budget Report for March 2006.doc
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IV. CONSENT AGENDA -
D. APPROVAL OF FY05-06 GENERAL FUND
BUDGET AMENDMENT
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into
Meetinl! Dates Turned into CRA Office Meetinl! Dates CRA Office
0 January 10, 2006 December 27,2005 (Noon.) 0 July 11,2006 June 27, 2006 (Noon)
0 February 14,2006 January 31,2006 (Noon) 0 August 8, 2006 July 25,2006 (Noon)
0 March 14,2006 February 28, 2006 (Noon) 0 September 12,2006 August 29, 2006 (Noon)
EJ April II, 2006 March 28, 2006 (Noon) 0 October 10, 2006 September 26, 2006(Noon)
. May 9, 2006 April 25, 2006 (Noon) EJ November 14,2006 October 31, 2006 (Noon)
0 June 13,2006 May 25, 2006 (Noon) EJ December 12,2006 November 28,2006 (Noon)
NATURE OF
AGENDA ITEM
. Consent Agenda
o Director's Report
o Old Business
o New Business
o Legal
o Future Agenda Items
o Other Item
DATE:
May 1 , 2006
SUBJECT SUMMARY PARAGRAPH: Adjustments are needed in the FY 2005-2006 General Fund operating
budget which are necessary to balance out the department accounts that are over budget as of April 30, 2006.
Some changes are the result of programs that were not part of the original budget, while other changes are the
result of expanded programming,
RECOMMENDATION: Adopt all changes as presented,
FISCAL IMPACT/FUNDING SOURCE: As of April 30, 2006 the budget has sufficient funds to cover the attached
budget appropriation changes. See attached explanations for all changes,
ALTERNATIVES:
N/A
IJ.H ~
ROBERT T, REARDON, Interim Assistant Director
CRA STAFF:
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 05 09
CRA Board Meeting\Budget Amendment Number 3.doc
DEPARTMENT DESCRIPTION APPROPRIATION INCREASE NEW APPROPRIATION
FINANCE CONTRACTUAL $ 2,500,00 $ 1,500.00 $ 4,000,00
PROFESSIONAL SERVICES CONTRACT LEGAL $ 120,000,00 $ 80,000,00 $ 200,000,00
PLANNING CONTRACTUAL $ 4,991,00 $ 8,000,00 $ 12,991 ,00
BUSINESS TRAVEL $ 1,500.00 $ 1,800,00 ,$ 3,300,00
BUILDINGS & PROPERTY CONTRACTUAL $ 1,600,00 $ 600,00 $ 2,200.00
MAINTENANCE & CLEANING $ 4,100.00 $ 941.00 $ 5,041 ,00
SPECIAL EVENTS CONTRACTUAL $ 99,019.00 $ 5,000,00 $ 104,019,00
FESTIVALS & EVENTS $ 125,000.00 $ 5,000,00 $ 130,000,00
HEART OF BOYNTON CONTRACTUAL $ 380,000.00 $ 5,040.00 $ 385,040,00
TOTAL $ 107,881.00
CHANGE "3"
AMENDMENTS TO FY 2005-2006 GENERAL FUND BUDGET
MAY 09, 20069
DEPARTMENT DESCRIPTION APPROPRIATION DECREASE NEW APPROPRIATION
POLICE PERSONNEL $ 156,086.00 $ 100,000,00 $ 56,086,00
HEART OF BOYNTON HS REHAB $ 170,000,00 $ 7,881.00 $ 162,119.00
$ -
$ -
$
$ -
$ -
TOTAL $ 107,881.00
MEMO
TO:
FROM:
CC:
SUBJECT:
DATE:
CRA Board
Robert Reardon, Interim Assistant Director
Lisa Bright, Executive Director
Explanation of Budget Amendment # 03
5/1/2006
1. FINANCE: This additional money is needed to fund unbudgeted A.D,P, payroll
fees, notary fees, additional software training, and occasional petty cash charges,
2, PROFESSIONAL SERVICES: This additional money is needed to fund
unbudgeted legal services due to a variety of causes and projects,
3. PLANNING: This additional money is needed to fund unbudgeted appraisal and
survey costs stemming from increased activity in development projects, In
addition, conference travel funds are needed for staff to attend the International
Parking Institute's annual conference on "Parking and Economic Development",
4. BUILDINGS & PROPERTY: This additional money is needed to fund
unbudgeted office consumables and office maintenance costs,
5, SPECIAL EVENTS: This additional money is needed to fund unbudgeted event
costs, Additional contractual expenses to conduct our successful events are a fact
oflife. In addition, Police, Fire and Public Works personnel from the City must be
reimbursed for each event.
6, HEART OF BOYNTON: This additional money is needed to fund unbudgeted
purchase of the Parker properties on Sea Crest Boulevard, The actual cost of
closing was higher than the actual cost of the property. In addition, demolition
costs will result in another unbudgeted expense that will be address at a later date.
IV. CONSENT AGENDA -
E. APPROVAL OF INCREASE IN CRA
PER DIEM TRAVEL RATE
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into
Meetinl! Dates Turned into CRA Office Meetinl! Dates CRA Office
D January 10, 2006 December 27, 2005 (Noon.) D July] I, 2006 June 27, 2006 (Noon)
D February 14, 2006 January 31, 2006 (Noon) D August 8, 2006 July 25,2006 (Noon)
D March 14,2006 February 28, 2006 (Noon) D September 12, 2006 August 29, 2006 (Noon)
ESI April II, 2006 March 28, 2006 (Noon) D October 10, 2006 September 26, 2006(Noon)
. May 9, 2006 April 25, 2006 (Noon) ESI November 14,2006 October 31, 2006 (Noon)
D June 13,2006 May 25, 2006 (Noon) [] December 12,2006 November 28, 2006 (Noon)
NATURE OF
AGENDA ITEM
. Consent Agenda
D Director's Report
D Old Business
D New Business
D Legal
D Future Agenda Items
D Other Item
DATE:
April 25, 2006
SUBJECT SUMMARY PARAGRAPH: Current CRA Policy (Chapter 15, Policy # 15,01,01) mandates our per
diem rate to be $41.00 for Class "A" travel (outside your county requiring overnight stays), This rate was set in
2002 and staff would like to adjust this rate to account for cost of living increases. Ostensibly, meal costs while
traveling are usually greater than normal; therefore, staff feels this change is warranted.
RECOMMENDATION: Increase per diem meal rate to $57,00 (Breakfast $12, Lunch $15, and Dinner $30). These
rates include gratuity.
FISCAL IMPACT/FUNDING SOURCE: Minimal impact to General Fund budget
ALTERNATIVES: Rate remains the same,
CRA STAFF:
~4
ROBERT T. REARDON, Interim Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 05 09
CRA Board Meeting\Per Diem Rate Change.doc
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 into CRA Office Meetin!!: Dates CRA Office
0 January J 0,2006 December 27,2005 (Noon.) 0 July II, 2006 June 27,2006 (Noon)
[J February 14,2006 January 31, 2006 (Noon) 0 August 8, 2006 July 25,2006 (Noon)
0 March 14,2006 February 28, 2006 (Noon) 0 September 12, 2006 August 29, 2006 (Noon)
OIl April 1 J, 2006 March 28, 2006 (Noon) 0 October 10, 2006 September 26, 2006(Noon)
. May 9, 2006 April 25, 2006 (Noon) iii November 14,2006 October 31, 2006 (Noon)
0 June 13, 2006 May 25, 2006 (Noon) WI December 12, 2006 November 28,2006 (Noon)
'::''l''!
NATURE OF
AGENDA ITEM
o Consent Agenda
o Director's Report
. Old Business
o New Business
o Legal
o Future Agenda Items
o Other Item
DATE: April 28, 2006
SUBJECT SUMMARY PARAGRAPH:
At the February 2006, CRA Board meeting the Board approved the Homebuyers Assistance Program with
direction to come back to the Board with a shared equity formula recommendation for CRA funds, A shared equity
policy will provide a return on the CRA investment. These funds can then be reinvested into additional affordable
housing units.
The City's Community Improvement Department is implementing a shared equity policy (see attached) for their
Down Payment Assistance Program, CRA staff recommends adopting the City's policy. The CRA's share of the
equity will be proportionate to the amount of CRA funds invested in the home. As with the City's program, all CRA
funds are due at the time of sale.
Example:
Original home price:
City SHIP funds
CRA Funds
Mortgage
$225,000
$ 50,000 (71 %)
$ 20,000 (29%)
$155,000
$275,000
$ 50,000
$ 10,000
$ 28,400
$ 11,600
New Sales Price @ yr 5 :
Equity
20% Equity to Seller
Percent of Equity to City
Percent of Equity to CRA
RECOMMENDATION:
Approve the proposed shared equity formula.
FISCAL IMPACT/FUNDING SOURCE:
This proposal will provide a return on the CRA's investment.
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 05 09
CRA Board Meeting\agendasharedequity.doc
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
ALTERNATIVES:
Do not approve the Sha~ty formula.
CRASTAFF~ ~
VIVIan , ro
eRA Planning Director
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 05 09
CRA Board Meeting\agendasharedequity.doc
Page] of]
Brooks, Vivian
From: Sherrod, Octavia
Sent: Monday, April 17, 2006 3:59 PM
To: Brooks, Vivian
Shared Equity
The owner must pay 80% of the equity to the City during the first five years; during years 6-
20/ the City receives 50% of the excess profit; and during years 21-30/ 15% of the equity per
the appraised fair market value during the term of the owner's loan. If the Owner lives in
the property for the full term of the original mortgage the City's mortgage is forgiven.
Years of Ownershi
1-5
6-20
21-30
Right-of-First-Refusa I
The City also has the right-of-first-refusaI to match the appraised fair market value. If the City
does not have an approved applicant to purchase the property within forty five days after the
receipt of the appraisal, the owner can sell the property to anyone certified as income eligible
for affordable housing standards.
04/26/2006
IV. CONSENT AGENDA -
F. RESCIND RESOLUTION 05-08 FOR "AS NEEDED
CONTRACT FOR FORMER DIRECTOR"
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into
Meetinl!: Dates Turned into CRA Office Meetinl!: Dates CRA Office
0 January 10, 2006 December 27,2005 (Noon) 0 July II, 2006 June 27, 2006 (Noon)
0 February 14,2006 January 31, 2006 (Noon) 0 August 8, 2006 July 25,2006 (Noon)
0 March 14,2006 February 28,2006 (Noon) 0 September 12, 2006 August 29,2006 (Noon)
GJ April 11, 2006 March 28, 2006 (Noon) 0 October 10, 2006 September 26, 2006(Noon)
. May 9, 2006 April 25, 2006 (Noon) [] November 14, 2006 October 3 I , 2006 (Noon)
0 June 13, 2006 May 25, 2006 (Noon) [] December 12, 2006 November 28, 2006 (Noon)
NATURE OF
AGENDA ITEM
. Consent Agenda
o Director's Report
o Old Business
o New Business
o Legal
o Future Agenda Items
o Other Item
DATE:
May 1 , 2006
SUBJECT SUMMARY PARAGRAPH: Resolution 05-08 was adopted in November of 2005 and has never been
acted upon; therefore, eRA staff needs to rescind said resolution,
RECOMMENDATION: Rescind Resolution 05-08.
FISCAL IMPACT/FUNDING SOURCE: N/A
ALTERNATIVES: N/A
CRASTAFF: II J-# U
R6~~~ON, Interim Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 05 09
CRA Board Meeting\Budget Amendment Number 3.doc
US8LUTIONNO. 05 - 08
CD
~esc~0-.cl..
~~S
~~'O\~~..
A RESOLUTION OF THE BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, TO ADDRESS THE
~Mr~~J'JQN.CONJ'~c:TTOIjE PAIDrofiffiEg~R
DmECTQRQN AN AS NEEDEDBA8-1S BEGINNING NOVEMBER
09, jM65~.~il8VID~NG FpR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Boynton Beach Community Redevelopment Agency Board
(hereinafter "CRA") authorized the Interim Director to enter into a formal contract lasting
60 days, unless amended by consent of both parties, with the former Director, Mr.
Douglas Hutchinson, to assist the Agency on an as needed basis; and
WHEREAS, CRA shall pay Mr. Hutchinson a $3,400 monthly retainer due upon
the first accounts payable cycle after the execution of this contract and on each monthly
accounts payable cycle thereafter. Said rate of compensation is outlined in a separate
agreement which shall be executed by the CRA Board; and
WHEREAS, the Interim Director shall request the assistance of Mr. Hutchinson
as projects or problems arise for a period lasting no longer than 60 days, unless amended
by consent of both parties, and Mr. Hutchinson shall be available to and will fully and
readily provide such services when and as requested by the Interim Director. This
contract can be terminated by either party at any time during the set period upon receipt
of no less than seven days written notice.
NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF
COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY:
SECTION 1. CRA authorizes the Controller to pay the former Director, Mr.
Douglas Hutchinson the rate mentioned above for a period not to exceed 60 days unless
amended by consent of both parties,
SECTION 2. All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 3. If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part
or application, it shall not affect the validity of the remaining portions or applications of
this Resolution,
SECTION 4. This resolution shall become effective immediately upon its
passage and adoption.
1
Board Member
offered the foregoing Resolution and
moved its adoption.
The motion was seconded by Board Member
and upon being put to a vote, the vote was as follows:
JEANNE HEA VILIN, Chair
HENDERSON TILLMAN, Vice-Chair
DON FENTON, Board Member
ALEXANDER DEMARCO, Board Member
JAMES BARRETT A, Board Member
MARIE HORENBURGER, Board Member
STEVE MYOTT, Board Member
The Chair Person thereupon declared this Resolution approved and adopted by the
CRA Board of the Boynton Beach Community Redevelopment Agency, Boynton Beach,
Florida, this _ day of
,2005,
By:
Jeanne Heavilin, Chair Person
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
Legal in form and valid if enacted:
Kenneth Spillias
CRA Attorney
PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY BOARD, THIS DAY OF
2005.
T:\RESOLUTIONS\2005-2006\RESOLUTION NO 05-08
2
IV. CONSENT AGENDA -
G. APPROVAL OF JOB TASK ANALYSIS
WORK PRODUCT & RECOMMENDATIONS
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 into CRA Office Meetin!! Dates CRA Office
D January 10, 2006 December 27, 2005 (Noon.) D July 11,2006 June 27, 2006 (Noon)
D February 14,2006 January 31,2006 (Noon) D August 8, 2006 July 25,2006 (Noon)
D March 14,2006 February 28, 2006 (Noon) D September 12,2006 August 29,2006 (Noon)
[] April II, 2006 March 28, 2006 (Noon) D October 10, 2006 September 26, 2006(Noon)
. May 9, 2006 April 25, 2006 (Noon) [] November 14, 2006 October 31,2006 (Noon)
D June 13,2006 May 25, 2006 (Noon) [] December 12, 2006 November 28,2006 (Noon)
NATURE OF
AGENDA ITEM
. Consent Agenda
D Director's Report
D Old Business
D New Business
D Legal
D Future Agenda Items
D Other Item
DATE:
May 3, 2006
SUBJECT SUMMARY PARAGRAPH: At the last board meeting Dr. Linsey Willis presented a job task analysis for
the board's consideration. Staff is now seeking approval to proceed with the recommendations set forth in that
document.
RECOMMENDATION: Adopt all recommendations as presented.
FISCAL IMPACT/FUNDING SOURCE: Minimal impact on the fiscal 2005/2006 budget.
ALTERNATIVES: Reject the analysis and recommendations
J
j
,
I
CRA STAFF: '
(---
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\CompJeted Agenda Item Request Forms by Meeting\06 05 09
CRA Board Meeting\Job Task Analysis Approval.doc
REPORT REGARDING
JOB TASK ANALYSES, WORK LOAD INDICA TORS,
JOB DESCRIPTIONS AND ORGANIZATIONAL STRUCTURE
WITH ANALYSIS AND RECOMMENDATIONS
FOR THE
CO~TYREDEVELOPMENTAGENCY
(CRA)
OF BOYNTON BEACH
SUBMITTED BY
L.J. Craig & Associates, Inc.
Management & Organizational Consultants
P.O. Box 1628
Boca Raton, FL 33429-1628
April 4th, 2006
2
TABLE OF CONTENTS
I. EXECUTIVE SUMMARY 3
II. METHODOLOGY 4
A. Planning Discussions 4
B. Data Collection 4
III. RECOMMENDATIONS 5-10
A. Overview 5-6
B. Workload Analysis - All Positions 6-10
C. Proposed Organizational Chart and Other Recommendations 1 0-11
Figure 1: Proposed Organizational Chart 12
Table 1: Current and Proposed Salary and Title Changes, and New Position 13
.,
.)
I. EXECUTIVE SUMMARY
The Executive Director of the CRA, Ms, Lisa Bright, wanted to ensure that all newly
hired and future staff understand what their duties and responsibilities are as well as understand
what other staff member's duties and responsibilities are in order that all work together as a
team, She also recognized job descriptions needed to be written for the newly hired staff and that
existing job descriptions needed to be revised, A [mal goal was to determine what staff's
workload is which would be obtained by collecting ratings on task importance, time speut, hours
spent, knowledge extent upon entry and task relation to overall job importance. She also wanted
to use the information for the performance evaluation process and as baseline information for the
Strategic Planning process,
In order to accomplish the latter goals, the CRA of Boynton Beach contracted with L.J. Craig &
Associates, Inc" a consulting firm to complete the work. This firm has extensive experience in
these procedures,
A job analysis is the systematic process of collecting, processing, analyzing, and interpreting
data about a job or jobs. This job analysis forms the basis of the content validity for the job
description and any subsequent employment and promotional procedures. Therefore, the job
analysis data were collected in accordance with the Division 14 Principles for the Validation and
Use of Personnel Selection Procedures: Third Edition, Also, considerable attention was given to
the requirements for the Uniform Guidelines on Employee Selection Procedures.
L.J, Craig & Associates, Inc, is pleased to submit this report to the CRA of Boynton Beach
which provides an analysis of all positions in the CRA, The positions which include the new job
titles are:
1. Executive Director
2, Assistant Director, Finance and Operations
3, Finance and Operations Assistant
4, Planning Director
5, Planning and Development Manager
6. Director, Economic Development
7, Marketing and Communications Manager
8, Executive Assistant
9, Administrative Assistant
For simplification purposes, even though the job title changes have not been officially approved,
the Consultant is referring to each employee with the new or revised job title.
4
II. METHODOLOGY
A. Plannin!!: Discussion
Planning discussions occurred between Dr. Linsey Willis, SPHR, President of L.J. Craig &
Associates, Inc" and Ms. Lisa Bright, Executive Director, CRA in order to collaborate and
coordinate the meetings with the SMEs and to review and discuss project goals. These
discussions took place over a number of days via telephone and email correspondence. During
these discussions, the project components and time lines were also discussed, '
B. Data Collection
L.J. Craig & Associates, Inc. gathered available relevant job information for the jobs of
Executive Director, Assistant Director, Finance and Operations, Finance Assistant,
Planning Director, Planning and Development Manager, Director, Economic Development,
Marketing and Communications Manager, Executive Assistant and Administrative Assistant by
researching using the internet (e.g., google.com and job description sites) to find similar
positions in governmental and Community Redevelopment Agencies. Some of this information
was included in the final job descriptions; e.g., task statements, knowledge, skill and ability
statements, minimum entrance requirements, equipment usage, special job requirements,
environmental factors and physical ability requirements. -
The results of this job analysis identified a multitude of important tasks, important knowledges,
skills and abilities (KSAS) for every position in the CRA. Many of the KSAS are universal to
most jobs but the validity of each KSA was verified by each Subject Matter Expert (SME, i.e.,
the incumbent in the position). These important tasks and KSAS are listed in each employee's
job description and may be found in Appendix C.
For the purpose of selection and testing procedures, the method of evaluation of a candidate for
promotion on a KSA may include, but is not limited to, a written examination, an assessment
center, a training program, a probationary period, and/or a medical/physical examination. The
method of evaluation is dependent on the appropriateness of measurement for the particular
KSA. For example, knowledge of accounting principles can be evaluated most effectively in a
written examination, whereas ability to communicate orally is more appropriately evaluated
through a performance based assessment technique such as an oral board or an assessment
center.
Dr, Willis spent well eighteen (18) hours conducting one-one-one interviews with each person,
which resulted in the completed Job Task Analysis Questionnaires using the rating scales (see
Appendices A-B), new or revised job descriptions, and suggested revisions to the current
organizational chart. Dr. Willis reviewed each completed Job Task Questionnaire and in
particular, looked at the number of hours each employee spent on a daily, weekly, monthly or
less than monthly basis completing their job tasks,
5
III. RECOMMENDATIONS
A. Overview
Overall, staff appears to be very knowledgeable in respect to what their duties and
responsibilities are and have a broad understanding of what the function ofthe CRA is.
However, staff members are concerned about their work products as they relate to what others
are doing, in terms of overlap and coordination, and see the need for projects to be prioritized
and organized. All staff also desires to have a better understanding of what the mission and
vision of the CRA is and how projects that more than one person is involved in, can be better
coordinated,
Most staff is also concerned about the work and tasks that Board Members bring to them that
should be cleared and discussed with Ms. Bright. Additionally, some Board members and the
public stop into their offices unannounced which deters them from completing their work and
staying on schedule. Confusion over work priorities will be lessened if Board Members do not
meet without Ms. Bright present. All work requests must go through Ms. Bright as staff report
directly to Ms. Bright or their supervisor, not the Board of Directors,
The clerical staff (i.e., Executive Assistant and Administrative Assistant) are over worked and
spread pretty thin in terms of the services they provide to all of the professional staff, citizens,
walk-in clients, and the Board of Directors. It was clear from my interviews and a review of what
each administrative support person does, that more clerical and administrative support is needed
given the number of projects currently underway and new projects and programs in the pipeline,
It is recommended that the Interim Assistant Director be officially appointed to the Assistant
Director position and that his salary be increased to $93,000 annually, The figures are listed in
Table Ion page 12, He has extensive experience in local government in all areas offmance,
budgeting and accounting. The Executive Director trusts him and they have an excellent, open
and collaborative relationship. To consider hiring anyone else for the position would be
problematic given that the CRA could lose a valuable and experienced employee as well as
continuity in the work flow. He also has a very trusting, collaborate and positive working
relationship with the Finance Assistant, Ms, Susan Harris.
Work and family life balance is one of the most important issues facing organizations today.
Research reveals that job stress and bum out can lead to turnover and lost productivity,
Organizations should ensure that all staff take the necessary time off away from work and not
continually work overtime. Even though the CRA is a growing organization and has many
programs and projects underway, all staff need to balance family and work life and take time off
as needed, This is not to say that Ms. Bright does not allow for this, however, given the
expectations that the Board of Directors and the public have for staff should not require that staff
work overtime as a normal course of doing business,
6
Also based on the analysis it is recommended that the CRA make some changes in their full time
equivalent staff. These recommendations follow later in this section. The analysis also resulted in
some suggested organizational structure changes,
B. Workload Analvsis - All Positions
The methodology for calculating the work load for each employee is described herein. There are
sixty (60) minutes in an hour, and an employee works eight (8) hours per day, and five (5) days
per week. There are fifty-two (52) work weeks per year, and two thousand and eighty (2080)
work hours per year. Given that there are five (5) weeks in some months (e.g., the month of
March in 2006), an employee works an average of 21.66 work days per month and if this figure
is rounded up, the acceptable number of days is twenty-two (22) per month, Finally, given the
above, each staff person works about 4,4 weeks per month.
Each completed Job Analysis Questionnaire was copied into an excel spread sheet. The
spreadsheet calculated the total number of hours each employee indicated she or he spends
performing each task on a daily, weekly, monthly or less than monthly basis. If the task is
performed on a weekly, monthly or less than monthly basis, the spreadsheet calculates this total.
Each category is listed in a different column (i.e., daily, weekly, monthly and less than monthly).
For purposes of simplification, the number of hours each employee works, on average, is
reported for the entire month.
The daily tasks in column E in the excel spreadsheet were totaled, divided by 60 and multiplied
by 22. The weekly tasks in column F in the excel spread sheet were totaled, divided by 60 and
multiplied by 4.4. The monthly tasks in column G in the excel spreadsheet were totaled and
divided by 60. The less than monthly task in column H in the excel spreadsheet were totaled and
divided by 60. The total number of hours per month a staff member was said to work was
derived by adding the figures from E,F,G and H.
Much of the work the professional staff is responsible for is long-term project work and some of
the work takes longer than a month or the work that is expected to be completed may take
several months working a few hours a month. The hours that each employee said she or he
spends or expects to spent on a task or project are estimates. It is very difficult to get an exact
figure on hours worked unless each employee recorded all of his or her hours for each task into a
spreadsheet. The CRA is not a manufacturing plant so it is very difficult to record the exact
amount of time it takes to make for example, a car part.
Therefore, the recommendations in this report for hourly or salary increases, reclassification
from a part-time to a full-time position, and to add two new positions to the complement, are
based on the aforementioned data analysis,
')
I
Executive Director
Based on an analysis of the time and hours spent on the tasks performed by the incumbent it has
been determined that she works an average of 314,90 hours per month. This reflects that she is
working well over 60 hours per week. She performs many tasks on a daily basis and this
accounts for 286 hours over a one month period, and other tasks weekly or monthly which
accounts for 29 hours. A few other tasks she completes less than monthly which accounts for 13
hours,
The Executive Director works many evenings and some weekends and rarely works a straight 8
hour day, It is recommended that she cut back her hours, delegate more of her work to staff and
take vacation time on a regular basis,
Assistant Director. Finance and Operations
Based on an analysis of the time and hours spent on the tasks performed by the incumbent it has
been determined that he works an average of 237.4 7 hours per month. This figure reflects that he
works between 50-60 hours per week. He performs many tasks on a daily basis and this
accounts for 191 hours over a one month period, and other tasks weekly or monthly which
accounts for 47 hours. A few other tasks he completes less than monthly which accounts for 9
hours,
As discussed with Mr, Robert Reardon during his interview, he plans to start turning over more
job tasks to Ms. Susan Harris which relates to the later recommendation that her salary be
increased to $51,000 annually, Once he does this he should be able to work less than 50-60 hours
per week,
Finance and Operations Assistant
Based on an analysis of the time and hours spent on the tasks performed by the incumbent, Ms.
Susan Harris it has been determined that she works an average of 161,73 hours per month, This
indicates that some weeks she may be working more than 40 hours per week. She performs many
tasks on a daily basis and this accounts for 116 hours over a one month period, and other tasks
weekly or monthly which accounts for 46 hours, A few other tasks she completes less than
monthly which accounts for 13 hours,
Based on the latter data and the following pertinent issues, it is recommended that her annual
salary be increased:
1. The Assistant Director will be turning over more job tasks to the Finance Assistant,
2, The employee already handles some operations issues that she is not currently being
compensated for.
3, The level of complexity and details in the tasks she performs warrants an increase.
Currently, there is an almost $25,000 difference between what she is earning and what
8
her supervisor, the Assistant Director is earning, and yet he relies heavily upon her skills and
time. This is a relatively large difference. As stated previously, it is recommended that her annual
salary be increased to $51,000.
Plannin!! Director
Based on an analysis of the time and hours spent on the task performed by the incumbent it has
been determined that she works an average of 247.97 hours per month. She performs a few tasks
on a daily basis and this accounts for 209 hours over a one month period, and other tasks weekly
or monthly which accounts for 39 hours, A few other tasks she completes less than monthly
which accounts for 49 hours.
Plannin!! and Develooment Mana!!er
The incumbent in this position, Mr. Vince Johnson is a new employee with the CRA. Based on
an analysis of the time and hours spent on the tasks performed by the incumbent it has been
determined that he will be working an average of 242.72 hours per month. It is expected that he
will be working between 50-60 hours per week. He performs many tasks on a daily basis and this
accounts for 185 hours over a one month period, and other tasks weekly or monthly which
accounts for 57 hours, A few other tasks he completes less than monthly which accounts for 30
hours,
Director. Economic Develooment
Based on an analysis of the time and hours spent on the tasks performed by the incumbent, Ms.
Rosalind Murray, it has been determined that she will be working an average of280.53 hours per
month which is well over an expected 60 hours per week. She does not perform any tasks on a
daily basis as most of her work is long term project work that is done over a week or 255 hours
for one month. A few other tasks she completes less than monthly which accounts for 24 hours
and 74 hours for tasks performed less than monthly.
Ms, Murray is very new to her position and she will be responsible for developing an entire
economic development program for the CRA. The organizational chart also has plans for
additional staffing in this area, It is anticipated that she will be working well over 40 hours a
week but the hours she anticipates working are only estimates at this time based on past
experience. Also many of her projects are long term so it is very difficult to estimate exactly how
many hours it will take to complete the various projects and programs.
In any case, it is recommended that the CRA budget for a minimum of one administrative
support person to assist Ms. Murray. Based on the scope of her responsibilities, it is not
reasonable to assume that one person could handle economic development for the CRA,
9
Marketin~ and Communications Mana~er
Based on an analysis of the time and hours spent on the tasks performed by the incumbent, Ms,
Margee Apelsperger, it was determined that she works an average of 50-60 hours per week
which equals 276.98 hours per month. Based on the number of either daily (66 hours), weekly
(7) hours, monthly (142 hours) or less than monthly tasks (62) hours completed by this person, it
is recommended that the CRA hire a support person for the Marketing and Communications
Manager.
The suggested title for the new position is Events and Marketing Specialist. What Ms,
Apelsperger does is very similar to the work performed by the staff of the Downtown Marketing
Cooperative (formerly known as the Joint Venture of Delray Beach). The Executive Director of
the Marketing Cooperative, has a part-time secretary and two full-time professionals doing
events planning and marketing,
It is also recommended that the support person position be advertised and that a structured panel
interview process is used to interview the candidates who should include more than just the
Marketing and Communications Manager conducting the interviews. A set of job related
questions and response standards should be developed to use for all interview processes,
This does not mean that word of mouth referrals should be excluded from consideration,
The interview panel members should also reach a consensus on who the top candidate is, Dr.
Willis's firm could provide this service or the CRA could hire another firm,
The salary for this new position should be within what the local market pays. If the CRA decides
to match what the market pays for this type of position, then they should consider how rich their
benefits package is to attract and retain the individual. Regardless of where the CRA sets the
starting pay for the position, the organization needs to do what it can to retain and motivate the
new hire, The aforementioned recommendations also pertain to hiring an additional employee
who will work for Ms. Murray.
Executive Assistant
Based on an analysis of the time and hours spent on the tasks performed by the incumbent it has
been determined that she works an average of274 hours per month which means that she works
more than 40 hours per week. She performs many tasks on a daily basis and this accounts for
149 hours, and other tasks weekly or monthly which accounts for 126 hours, A few other tasks
she completes less than monthly which accounts for 5 hours.
However, Ms, Phyllis Zitcer, is a new employee and comes to work early, does not always take
lunch and sometimes stays past five, This is partially because she is learning the operations, It is
anticipated that in the future, she will not need to work as much, but if she continues to do so, the
CRA should consider providing her with additional compensation and/or turning over some of
her tasks to the Administrative Assistant.
10
Administrative Assistant
Based on an analysis of the time and hours spent on the tasks performed by the incumbent, Ms,
Stacey Gallup, it has been determined that she works an average of 153,12 hours per month
which means that she is working more than part-time. The position is budgeted as part-time and
when the incumbent was hired for the position she was under the impression that she would only
be working part-time. She has continually worked more than 20 hours per week in order to get
the work done because she is extremely proactive, and conscientious.
She performs many tasks on a daily basis and this accounts for 59 hours, and other tasks weekly
or monthly which accounts for 95 hours, A few other tasks she completes less than monthly
which accounts for 15 hours.
Based on the latter data, it is recommended that the CRA convert this into a full-time position.
This employee, Ms. Stacey Gallup, is moving out of the state of Florida within three months.
Considering this, the CRA should start the recruitment process for a new employee and also
consider hiring the new person before Ms, Gallup leaves. This way Ms. Gallup can provide
him/her with on-the-job training.
C. Proposed Orf!anizational Chart and Other Recommendations
The revised organizational chart on the following page reflects current and future staffing.
As mentioned previously, the CRA should make plans to hire a full-time Administrative
Assistant before the incumbent, Ms. Gallup leaves. At this time the Consultant is only
recommending that the CRA hire two (2) new staffpersons; i.e., a Events Planner and Marketing
Specialist and a Grants Specialist or whatever professional position Ms. Bright and Ms. Murray
determine is a priority.
One recommended change is that the Administrative Assistant, who provides assistance to the
Planning and Economic development work group, should report to the Assistant Director,
Finance and Operations, This way in terms of unity of direction, the employee will be reporting
to one supervisor versus two Directors and the Planning and Development Manager (i,e" the
Planning Director and Economic Development Director) and if there are any issues regarding
task priorities and workload, the Assistant Director, Finance and Operations can "run
interference", so to speak. He will also be responsible for the performance evaluation for this
employee and can obtain feedback from the aforementioned three employees.
All other changes reflected on the organizational chart are title changes based on the analysis of
job tasks, Table 1 lists the current annual salaries and recommended increases. The suggested
increases for staff appear fairly large but, in order that there is less of a difference between
salaries, this degree of increase appears warranted. For example, despite that the fact that the
Assistant Director has over thirty years of experience in government finance, budgeting and
accounting and the Planning Director has a different set of credentials and years of experience, a
difference in pay in the open job market may be warranted. However, an Assistant Director of an
11
organization should not be making significantly less than a Director. Moreover, Mr. Reardon
also acts as the Director of the CRA in Ms, Bright's absence, and this needs to be considered in
any increase in his compensation,
This type of internal pay inequity can lead to problems, the worst being turnover, and upset the
esprit de corps (a French expression attributed to Henri Fayol that refers to shared feelings of
comradeship, enthusiasm or devotion to a common cause among members of a group (Jones &
George, 2006, p. 55). Regarding the Marketing and Communications Manager, conducting a
salary survey was not part of this consulting project. However, Dr. Willis assumes that Ms,
Apelsperger's current pay is within the market for similar positions, However, even at $52,000,
this salary, on its face, appears low, If the CRA decides to add staff in this area, than Ms, Bright
may consider increasing Ms, Apelsperger's salary to $58,640.00, Finally, it is recommended that
Ms. Bright's salary be increased to $124,635 annually.
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Emplovee Current Current
EMP# Job Title/New Title Name Annual Hourlv Proposed SalarY
1010 Executive Director Bright, L. $95,993,00 $46.15 $124,635.00
* Assistant Director,
Finance & Operations
1011 (Title chanf!i) Reardon, R, $74,513,00 $35,82 $93,000.00
1009 Planning Director Brooks, V. $84,000.00 $40.38 No change
Marketing &
Communications Apelsperger,
1012 Manager M. $52,000,00 $25,00 $58,640.00
* Finance &
Operations Assistant
1016 (Title chanf!e) Harris, S, $45,000.00 $21.63 $51,000.00
1017 Executive Assistant Zitcer, p, $34,000,00 $16.35 No change
Director, Economic
1018 Development Murray, R, $76,000,00 $36.54 No challl.!:e
Planning &
1019 Development Manager Johnson, V. $70,000,00 $33,65 No chan!:!:e
* Events Planning &
New Marketing Specialist
FIT (New position) Vacant $ 40-45,000 TBD TBD
* Administrative
Assistant Convert to
(Reclassify from part full time
1015 time to full time)- Gallup, S. eouivalent $18,50 TBD
~_ * Reflect~pew o~Iec1assified ~sition"- --.------..-.....---. ..-- ,-..--- -.. ~--_.._---
Table 1
CURRENT AND PROPOSED SALARY AND TITLE CHANGES, AND NEW POSITION
IV. CONSENT AGENDA -
H. APPROVAL OF CONTRACT WITH LJ CRAIG &
ASSOCIATES FOR CRA STRATEGIC PLAN
IMPLEMENTATION
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into
Meetinl!: Dates Turned into CRA Office Meetinl!: Dates CRA Office
0 January 10, 2006 December 27,2005 (Noon.) 0 July II, 2006 June 27,2006 (Noon)
0 February 14, 2006 January 31, 2006 (Noon) 0 August 8, 2006 July 25, 2006 (Noon)
0 March 14,2006 February 28, 2006 (Noon) 0 September 12,2006 August 29, 2006 (Noon)
OJ April II, 2006 March 28, 2006 (Noon) 0 October 10, 2006 September 26, 2006(Noon)
. May 9, 2006 April 25, 2006 (Noon) [[] November 14, 2006 October 31, 2006 (Noon)
0 June 13,2006 May 25, 2006 (Noon) lEI December 12, 2006 November 28, 2006 (Noon)
'r,~
NATURE OF
AGENDA ITEM
. Consent Agenda
o Director's Report
o Old Business
o New Business
o Legal
o Future Agenda Items
o Other Item
DATE:
May 3, 2006
SUBJECT SUMMARY PARAGRAPH: Staff has been presented with a proposal by Dr. Linsey Willis of L.J, Craig
& Associates, Inc. to conduct Strategic Management Training and Prepare the CRA Strategic Plan for the agency,
The Strategic Plan will incorporate the current work program and tie staff performance accountability to Peter
Drucker's "Management by Objective" (MBO) principles,
RECOMMENDATION: Approve the draft contract and allow Dr. Willis to work with staff to create a Strategic Plan
to implement the CRA's work program,
FISCAL IMPACT/FUNDING SOURCE: Cost for the full study not to exceed $10,000.00.
ALTERNATIVES: Reject the proposal.
CRA STAFF:
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 05 09
CRA Board Meeting\Strategic Management Task proposal.doc
L.J. CRAIG & ASSOCIATES, INC.
Management and Organizational Consultants
Designers of "People Management" Systems
A Proposal to Conduct Strategic Management Training
and Prepare the Strategic Plan
for the
Community Redevelopment Agency of Boynton Beach
SUBMITTED BY
L.J. CRAIG & Associates, Inc.
March 27th, 2006
~.'."".'~
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80V~lrin,!
Phone: (561) 750-8669
www.ljcraig.comlcwillis@ljcraig.com
PO. Box # 1628 Boca Raton, FL 33429-1628
Fax (561) 391-5077
L.J. CRAIG & ASSOCIATES, INC.
Management and Organizational Consultants
Designers of "People Management" Systems
Lisa A. Bright, Executive Director
Boynton Beach Community ReDevelopment Agency
639 E, Ocean Avenue, Ste. 103
Boynton Beach, FL 33435
March 27th, 2006
Dear Ms. Bright:
Pursuant to our discussion and your letter, enclosed is a proposal to: Conduct
Strategic Management Training and Prepare the Strategic Plan for your agency,
The proposal costs includes out-of-pocket expenses (mileage, per diem, paper and
copying costs etc,).
We look forward to the possibility of providing consulting services to your agency. This
signed letter may serve as the contract between my firm and your agency,
Sincerely,
Dr. Linsey C, Willis, SPHR
preSidh C. U.J~
Lisa A. Bright, Interim Executive Director
2
Phone: (561) 750-8669
www.ljcraig.comlcwillis@ljcraig.com
P.O. Box # 1628 Boca Raton, FL 33429-1628
Fax (561) 391-5077
Work Plan to Conduct Strategic Management Training
and Prepare the Strategic Plan for the
Community Redevelopment Agency of Boynton Beach
I. Survey and Interview Data Review for Strategic Management Training
A Review goals and objectives, department work plans, work load
indicators, staff performance review data and other relevant data
B, Review department's current strategic plan or goals and objectives
C. Review department's 2004-2005 annual reports (or whichever reports are
available)
D. Prepare and finalize participant materials (e.g., participant notebooks,
handouts etc.) based on 1-3 and other standard material
Sub-total Cost:
$2,552.00
II. Conduct Strategic Management Training and Follow-up Goals and
Obiectives Formulation Session
(1day for all employees and Board Members if applicable, in one session)
A Conduct training session on Strategic Management
B. Include samples from some governmental agencies who have
comprehensive strategic plans, mission, vision and values statements
C. Review all Implementation steps (includes setting target dates for
accomplishment of goals and objectives).
D. Formulate or revise/update Mission, Vision and Values statements for
department
E. Goals and Objectives Formulation Session (1 day session)
1 Review what stakeholders have accomplished since Retreat
2. Update goals and objectives and discuss
3. Summarize each person's draft strategic planning document
Sub-total Cost:
$4,051.00
III. Prepare Strateqic Plan Document
A Conduct one (1) day retreat with all staff to document goals and objectives
and strategies for accomplishment
1. Work with each group to document all components
2. Rank order, discuss and refine goals and objectives
B. Compile Strategic Plan goals and objectives and accompanying task
requirements for each work group
3
1, Enter in Excel spreadsheet which will include the following:
a, Goal and objectives
b, Strategies to accomplish (i.e., specific job tasks)
c, Project leader and other persons on task team
d, Resources, tools and equipment needed
e. Tentative due dates
f. Column for amended due dates with explanation section
C. Hold another 1-2 hour session with all staff to review draft document
1 . Make final changes
2, Revise and submit
0, Fold all section plans into Master Plan for CRA
Subtotal Cost
$ 3,397.00
FINAL OVERALL COST: $10,000.00
4
ADMINISTRATIVE PROVISIONS
This proposal is based on the premise that the Agency will provide:
· An appropriate physical site, (with proper lighting, ventilation, seating, writing tables,
sufficient spacing between candidates, etc.) free of charge at the location where
each interview will be conducted.
ETHICAL STANDARDS
This proposal is also based on several assumptions that are integral to producing a quality
product in as timely and economical manner as follows:
. Assignment of someone to the project who will provide the CONSULTANT with
ongoing feedback, guidance, and direction as needed.
. Assurance that the CONSULTANT will not be held liable for any violation of security
on the part of the SMEs or the department staff, or any third party following delivery
of an uncompromised draft by the CONSULTANT.
. Agreement that the CONSULTANT will not be held responsible for delays caused by
the CRA of Boynton Beach or for events outside of the CONSULTANT'S immediate
control.
RETAINER
The CONSULTANT will provide the services outlined in the scope of work outlined in the
proposal. It is agreed that the services listed in the attached proposal will be billed at the
total project cost of which 25% is due at the time of the engagement. Any other fees for
services required but not listed, will be reviewed with the Executive Director in advance for
approval with the final determination being his or hers. Payment is due upon receipt of
each invoice.
In the event we are required to pursue legal action to protect overdue amounts, the
prevailing party shall be entitled to recover attorneys' fees and costs, including fees and
costs incurred at the appellate level.
WORK PERFORMED NOT IN CONTRACT
However, time for work required beyond what is clearly stated in this proposal will be
charged at $150,00 an hour plus expenses, so long as written approval was obtained
from the CRA Executive Director prior to incurring such additional fees and expenses_
5
CORPORATE DATA
L.J. CRAIG & Associates, Inc. is an S-Corporation incorporated in the State of Florida,
in March, 1988, The firm has the ability to provide the type, quality and quantity of
services requested by the CRA of Boynton Beach and has handled projects of similar
volume and size, The firm operates as a virtual corporation and utilizes a central
network of qualified sub-contractors with extensive experience in management and
organizational development work,
The firm is permitted to do business in the State of Florida and has occupational
licenses for Palm Beach County and the City of Boca Raton,
The firm's federal tax 10 # is:
650065847
LITIGATION
No Organizational Audits, Job Task Analyses, Written Examinations, Assessment
Processes or other material developed by the CONSULTANT or any of the
CONSULTANT'S Associates have been challenged or litigated in court,
TERM OF CONTRACT
The term of this contract shall commence upon execution of this Agreement and shall
terminate six months after the date of commencement unless otherwise extended in
writing,
TIMING
a. CONSULTANT shall use reasonable efforts, subject to applicable laws,
regulations, and professional standards to complete the services required in accordance
with the terms of this Agreement.
b, CONSULTANT shall provide updates on the progress of the work to CRA staff on a
weekly basis,
EFFECTIVE DATE
This Agreement shall be effective as of the last date it has been executed by both
parties,
INDEPENDENT CONSULTANT RELATIONSHIP
a. L.J, CRAIG & ASSOCIATES, INC, is, and shall be, in the performance of all work
services and activities under this Agreement, an Independent Contractor, and not an
6
employee, agent, or servant of the CRA. All persons engaged in any of the work or
services performed pursuant to this Agreement shall, at all times, and in all places, be
subject to L.J. CRAIG & ASSOCIATE"S INC., sole direction, supervision, and control.
b. L.J, CRAIG & ASSOCIATES, INC. shall exercise control over the means and
manner in which it and its employees perform the work, and in all respects, the L.J.
CRAIG'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.
c. L.J, CRAIG & ASSOCIATES, INC. does not have the power or authority to bind the
CRA in any promise, agreement, or representation other than specifically provid~d for in
this Agreement.
7
BIOGRAPHICAL SKETCH
DR. LINSEY C. WILLIS, SPHR
Management and Organizational Consultants
P,O, Box 1628 Boca Raton, FL. 33429-1628
Office: (561) 750-8669 Fax: (561) 391-5077
Email: Icwillis@licraia.com
www.licraiq.com
L.J,CRAIG & Associates Inc, is the culmination of 26 years of Human Resource exp~rience
by its founder and President, Linsey Craig Willis. The firm specializes in the design and
delivery of "People Management Systems" including employee training, the design and
administration of assessment centers, structured-behavioral interviews, written exams,
employee handbooks, performance management systems and job analysis, to name a few,
Recent training programs include Organizational Leadership, Performance Appraisal,
Understanding and Preventing Sexual Harassment and Time Management.
The custom designed products and programs follow an in-depth needs assessment, are
tailored to each organization's culture, and adhere to legally defensible principles. The firm's
clients represent a diverse mix from the public, private and not-for-profit sectors in the U.S"
the Caribbean and Thailand, She and her associates are customer service and results
oriented.
Dr, Willis graduated with honors with a Doctorate in Public Administration and specialization
in Human Resource Management from the H, Wayne Huizenga School of Business &
Entrepreneurship of Nova Southeastern University, She holds an M,A. degree in Forensic
Studies from Indiana University, and also graduated with honors from Florida Atlantic
University with an M.P,A. (with an HR management concentration) degree, Dr. Willis
received her Bachelors' degree in Political Science from the University of Kentucky, The
Human Resources Certification Institute of Society of Human Resource Management
certifies her as a Senior Human Resources Professional (SPHR).
As a long time and highly regarded adjunct faculty member at both Barry University and the
Wayne Huizenga Graduate School of Business & Entrepreneurship at Nova Southeastern
University, Dr, Willis teaches a variety of graduate and undergraduate Human Resources
and Management classes, Her extensive experience teaching graduate students and
conducting seminars have taken her to Thailand, Jamaica, the Bahamas, Panama as well
as all over the United States, Additionally, she serves as a member of the adjunct faculty
College of Business and Management and Florida Atlantic University's School of Business _
MIBA and Management department.
Her 25-year career includes three years as a Director, Human Resources for the Clerk of
the Circuit Court 15th Judicial Circuit in Palm Beach County, Florida and eight years in the
Palm Beach County Employee Relations & Personnel Department as Manager of
Recruitment & Selection, She was instrumental in designing and implementing the Dade-
Miami Criminal Justice Assessment Center at the School of Justice and Safety
Administration in Miami, Florida from 1981-84,
8
Dr. Willis is the expert's expert, providing expert witness services to employment attorneys.
She frequently speaks at national and international conferences on pertinent topics.
Linsey is the author of "Strategies and Methods for Competency-Based Selection and
Leadership Development: Four Case Studies", in Current Practices, Insights and
Perspectives, The 2006 Pfeiffer Annual Human Resource Management (editor, Robert C.
Preziosi), She co-edited the 2003 college textbook, Human Resource Management by
Mathis & Jackson. She is also a member of the Education and Training Committee of the
International Association of Chiefs of Police.
She is an active member in many professional associations including the International
Association of Chiefs of Police, Society of Human Resource Management, American
Society of Training & Development, Delray Beach and Boca Raton Chambers of Commerce,
Florida Speaker's Association, and the International Personnel Management Association.
She is the founder of the Personnel Testing Council of South Florida, and was its President
for three years,
9
REFERENCE LIST FOR L.J. CRAIG & ASSOCIATES. INC.
Note: Additional references for training and the private sector are available upon request.
Company Name: Community Redevelopment Company Name: Community
Agency of De/ray Beach (CRA) Development Department
Contact Name: Diane Colonna, Executive Contact Name: Don Waldron, Executive
Director Director
CRA of Delray Beach or Dan Ferstenberg, GIS Manager
Community Development Department
Address: 20 N, Swinton Avenue Address: 2300 Civic Center Place
Delray Beach, FL 33444 W202 M
(561) 276-8640 City of Miramar
Miramar, FL 33025
Phone Number: (954) 602-3249 or
(954) 602-3257
Scope of work: Conducted Organizational audit, Scope of work: Conducted Strategic
staff interviews, wrote new job descriptions which Management training, preliminary
included time spent, extent upon entry and KSA interviews with key managers about
linkages, developed, administered and facilitated work flow, TOM process and
Assistant Director selection process. management issues and, reviewed
reports and other data.
Company Name: Delray Beach Chamber of Company Name: Town of Palm Beach
Commerce Police Department
Contact Name: Bill Wood, Executive Director Contact Name: Major, Gary Sallenbach
Delray Beach Chamber of Commerce Phone Number: (561) 227-6353
and Diane Colonna, Executive Director
CRA of Delray Beach
for the Joint Venture and Downtown Development
Authority
Address: 64 A SE 5th Avenue
Defray Beach, FL
Phone Number: (561) 901-6309 (cell)
Scope of work: Conducted Organizational Audit Scope of work: Conducted
and report of JV and DDA, and job analysis of all comprehensive job task analyses for
positions, and wrote new job descriptions. Police Officer, Sergeant, Captain, Major,
Chief of Police and specialized
assignment positions for the department.
Wrote Validation Report,
10
Company Name: Morris & McDaniel, Inc. Company Name: Port St. Lucie Police
My firm was the sub-contract firm under the Department
Morris & McDaniel contract for the
Palm Beach County Sheriff's Office (PBSO)
Address: 117 St. Asaph Street Address: 121 S.W. Port St Lucie Blvd,
Alexandria, VA Port St. Lucie, FL
Contact Name: David Morris, Ph_D., J.D., Contact Name: John Skinner, Chief of
President Police or Vince Stassi, Sergeant
Phone Number: (703) 836-3600 Phone Number: (772) 344-4278
Scope of work: Scope of work:
Proiect #1: Conducted extensive critical incident Conducted critical incident job analysis
job analysis interviews and developed interview interviews and developed, administered
questions and response standards for the State of competency-based structured situational
N.J. Fire Department for the rank of Battalion interview process, trained raters,
Chief (2001). conducted rater consensus process
Proiect #2: Participated in Job Task Analyses meetings, and provided candidate
process by conducting extensive critical incident feedback for Police Sergeant.
interviews, assisted with the written examination Conducted critical incident job analysis
development, facility selection, designed several interviews and developed and
assessment center process exercises for the administered a COMPST A T type of
police and corrections ranks; e.g. Police and exercise for the Police Lieutenant
Corrections Sheriff Deputies for Sergeant, process_ Process also included training
Lieutenant and Captain ranks (2002). of raters and facilitating consensus
process.
Company Name: City of Miami Springs Company Name: North Miami Beach
Police Department Police Department
Address: 201 Westward Drive Address: NA
Miami Springs, FL Contact Name: Bill Berger, J.D.
Contact Name: Ms. Loretta Boucher, HR Director Chief of Police
Phone Number: (305) 805-5008 Now Chief of Police for Palm Bay, FL
Phone Number: 321-952-3460
Fax Number: 321-953-8910
Contract Dates: Fall 2003
Scope of work: Reviewed job descriptions and Scope of work: Wrote written
job analysis data, presented them with off the examination for Police Sergeant
shelf interview questions and response standards, process, scored exam and handled
and customized the selected questions for them candidate appeals.
by meeting with the Chief and HR Director. We
designed and administered the process which
also included rater training and facilitating the
consensus process.
11
IV. CONSENT AGENDA -
I. APPROVAL OF FACADE GRANT-
MAIN STREET CAR WASH -- $15,000
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
Requested CR~ Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into
Meetin\! Dates Turned into CRA Office Meetin\! Dates CRA Office
D January 10,2006 December 27,2005 (Noon_) D July 11,2006 June 27,2006 (Noon)
D February 14,2006 January 31,2006 (Noon) D August 8, 2006 July 25, 2006 (Noon)
D March 14,2006 February 28, 2006 (Noon) D September 12,2006 August 29, 2006 (Noon)
0 April II, 2006 March 28, 2006 (Noon) D October IQ, 2006 September 26, 2006(Noon)
I May 9, 2006 April 25,2006 (Noon) 0 November 14,2006 October 31, 2006 (Noon)
D June 13,2006 May 25, 2006 (Noon) 0 December 12,2006 November 28, 2006 (Noon)
NATURE OF
AGENDA ITEM
~ Consent Agenda
D Director's Report
D Old Business
D New Business
o Legal
o Future Agenda Items
o Other Item
DATE:
April 27, 2006
SUBJECT SUMMARY PARAGRAPH:
The Main Street Car Wash, a local commercial business employing 18 residents from Boynton Beach, is applying
for a fa<;:ade grant to remodel the exterior fa<;:ade of their facility, The Main Street Car Wash is located at 201 East
Boynton Beach, Blvd. in The City of Boynton Beach.
Within their facade grant application, the business owner exhibited a need to gain additional resources from
Boynton Beach CRA; thereby, improving aesthetics, curb appeal and character of this long-standing business
residing on a highly visible corner site,
RECOMMENDATION:
The Boynton Beach CRA recommends approval of The Main Street Car Wash's Fa<;:ade Grant in the amount of
$15,000,00 to reimburse expenses.
FISCAL IMPACT/FUNDING SOURCE:
For fiscal year 05/06, $30,000 remains in the Commercial Fa<;:ade Grant budget. If this grant is approved then the
new remaining balance will be $15,000.
AL TERNATIVES:
Deny approval of The Main Street Car Wash Fa<;:ade Grant.
~ /~
'-~/
. ,/ r '/
CRA STAFF: .----G ?--.',- /t---------
MAIN STREET CAR WASH
201 E. Boynton Beach Blvd
Boynton Beach, FI 33435
561-734-7608
4/22/06
To Boynton Beach CRA
Enclosed is a current list of invoices to date. Also enclosed is the
final paycheck for labor to the exterior, We have some odds and ends to
finish, but this is 98% complete,
Total Invoices to date
$ 16,088.08
Total Labor to date- Dennis Egan
$ 14,674.00
TOTAL
$ 30,762.08
Thank you very much
Sincerely,
. "r;
~/ ---'-<,//
b~. 1/.....
/ / ~/" "
/KEN ZEN/ A /
/ MAINS,. / T CAR WASH
'//
I~/
j
INVOICES FOR EXTERIOR IMPROVEMENTS
1. $123.35 Top soil
2. $290.04 Top soil
3. $703.97 Pavers and mulch
4. $322.54 Pavers and RR ties
5. $852.00 Rubberized mulch for front
6. $223.65 Rubberized mulch for front
7. $720.80 Sprinkler for front
8. $750.00 Labor for top soil
9. $1335.00 New bushes and labor
10. $3,570.00 Entrance drive concrete
11. $475.00 Entrance drive asphalt
12. $2,445.60 New benches and umbrellas
13. $21. 15 Paint
14. $109.98 Paint
15. $642.73 Paint
16. $37.09 Paint
17. $47. 12 Paint
18. $11.87 P a i nt
19. $27.82 Exterior of building
$56.14
, $42.56
20. $102.82 Exterior of building
21. $11 0.80 Exterior of building
$119.02
22. $8.08 Roof
23. $25.41 Shutter
24. $44.35 Flower boxes
25. $114.64 Landscape border
26. $38.21 Landscape border
$ 155.54 Fence pieces
27. $187.06 Fence pieces
28. $75.91 Flowers
29. $290.79 Fence
30. $114.59 Fence
$51.00 Lattice
31. $1,547.96 Decorator services
32. $112.50 Decorator services
33. $21.24 Fence pieces
34. $159.75 New trees
TOTAL
$16,088.08
MAINSTREET CAR WASH
Employee
Dennis Egan
Earnings and Hours
Hourly Rate
Q
40:00
Taxes
Federal Withholding
SOCIal Security Employee
Medicare Employee
Net Pay
Mainstreet Car Wash. Forward Progress. Inc.
.
524906 (Ul05)
? 0df~Ie'I~( flMUj
Rate
29.00
Current
1.16000
Current
-197.00
-71.92
-16.8~
,28~.7:4
874.26
Status (Fed/Stat~
, . Single/(none) --
P Y Period: 04/09/2006 - 04/15/2006
YTD Amount
-2.274.00
-909,79
-212.77
'3,3913:56
11.277.44
b -i4
Allowances/Extra
Fed-1/0/FL-0/0
Pay Date: 04/19/2006
Finished view of front
New fences and landscaping
Paint, chair railing, fixed and repainted roof soffit, fascia, flower boxes
Closer side view of fence and window boxes
Entrance drive way still under construction
~
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Another view of front after remodeling, including benches and umbrellas
~
Atlas Peat & Soil, Inc.
9621 SR #7
Boynton Beach, FL 33437
INVOICE
~
Atlas Peat & Soi II nc.
Quality Soil Mixtures
252859
Telephone: (561) 734-7300
Warehouse: MAIN
MAIN STREET
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MAIN STREET CAR WASH
201 E BOYNTON BEACH BLVD
BOYNTON BEACH, FL 33435
MAIN STREET CAR WASH
201 E BOYNTON BEACH BLVD
BOYNTON BEACH, FL 33435
Telephone: 561-734-7608
Telephone: 561-734-7608
5050Z10 DEERFLD-PLBH
5050 Z10 DEERFIELD TO PALM BEACH
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03/02/06
01:39:15 PM
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7.53
Printed By: Sandra
Amount due is based on 'Terms' above.
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Atlas Peat & Soil, Ine,
9621 SR #7
Boynton Beach, FL 33437
INVOICE
...........
Atlas Peat & So ill nc,
Quality Soli Mixtures
"
Telephone: (561) 734-7300
Warehouse: MAIN
252138
MAINSTREET
MAIN STREET CAR WASH
201 E BOYNTON BEACH BLVD
BOYNTON BEACH, FL 33435
MAIN STREET CAR WASH
20 I E BOYNTON BEACH BLVD
BOYNTON BEACH, FL 33435
Telephone: 561-734-7608
Telephone: 561-734-7608
18 YARD
5050210 DEERFLD-PLBH. .
5050210 DEERFIELD TO PALM BEACH
15.13
272.34
02/17/06
01:28:19 PM
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0.00
290.04
nted By: Sandra
Amount due is based on 'Terms' above.
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SERVICE INVO\c(
ALL-AROUND SPRINKLERS, rife":
7373 Moneta Street
Lake Worth, FL 33467
DATE
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561-439-3360
561-736-0286
BILL TO: ~( t:~L , . {/"'/
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TERMS:
UpQ[l f'lf:lGf:ljp;1 ',:H"~
QUANTITY DESCRIPTION ~ RATE AMOUNT
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R /~/ (?(;f) IFJ( 1/50 /2. ,-~~". I:::~')
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30 ~ // iotA,- b q {I 0 55 / G 'Se>
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'7.:? 0 '" 75 //50
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2 A (l~ I f114N / (/J1 : K F ) 72/0 U I)/L/
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LA-hUff (Af(7Al: 0 7' {?c&c r +/:'\
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PAYMENT DUE UPON COMPLETION OF JOB. Total 7~o/ /"I
LATE PAYMENT SUBJECT TO $10.00 PER MONTH LATE FEE, LJC;Y
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I AGREE TO ABOVE TERMS
We Accept
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DATE 36k
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MAINSTREET CAR WASH
PH. 561-734-7608
201 E BOYNTON BEACH BLVD
BOYNTON BEACH, FL 33435-3839
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63-643/670
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DELRAY GARDEN CENTER
Page No
01
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3827 W. Atlantic Ave., Delray Beach, FL 33.445
561-243-6869 Fax 561-243-3588 · www.delgarden.com
~
PHONE
SITE ~,- 73<1 -7 '--0
HOME
WORK
JOB LOCATION
"Sc;~
LANDSCAPE TREE WORK
STREET
20 l ",-\or-
CITY, STATE AND ZIP CODE
",,-k,--. ~(;.
LANDSCAPE ARCHITECT
1=-1 33435-
DA TE OF PLANS
START DATE
COMP. DATE
We hereby submit specifications and est,mates for
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Price does not ,nclude state and local taxes unless specified
~e JIropose hereby to furnish materlal~ d labor - complete In accordance with above specifications, for the sum of:
dollars ($
).
Payment to be made as follows
All material ,5 guaranteed 10 be as spec:I'ed All work to be completed In a workmanlike
manner accordIng to standard practices. Any alteratlOn or deviation from above speclflcattons
involving extra COSfS will be executed only upon wrllten orders. and wl! become an exlra
charge over and above !he estimate All agreements contingent upon strikes accidents or
delays beyond our control Our workers are fully covered by Workmen's Compensat1or'l Insur
ance Overdue acel 2% per month service charge
Authorized
Signature
Note Th,s proposal may be
w'lhdrawn by us II not accepted within
days
)
~cceptance of lFlroposaI _ The above prices speedl
cations and conditions are satisfactory and are hereby accepted You are au-
thorized to do the wor~ as specified Payment Will be made as outlined above
Date of Acceptance
Signature
Signature
SERVICES UNLIMITED, INe.
, ,
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BILL TO: MAINSTREET CARW ASH
DESCRIPTION OF WORK:
DEMOLITION OF CONCRETE CURB, SIDEWALK AND SIGN. REPLACED
WI'fHl'fEWDRIV}:ENTRAN~. 4000 PSICO'NCRE':I'E AND 15P]ECES OF #
1" 'q>- .. - .,~ 8~""'WASC AC1~JJ~~J1JMplNfiJACK
AND W A OR COMP AcrlO ONC]' LIGHT POLES POURED
WITH 4000 #7 DOWE
PLEASE MAKE CHE
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Apr-10-06 09:44A
561 5BB 2140
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M & M ASPHALT PAVEMENT MAINT. CORpG/
1302 S 'J'ST
LA KE WORTH FL 33460
(561) 588-0949 FAX (561) 588-2140
PROPOSAL
Mom:lay, April 10, 2006
ATTN: KEN
MAIN STR.EET CAR WASH
201 E OOYNTON REACH llLVD
BOYNTON RF.ACII f'L 33435
PHONE: 7347608 FAX: 736251;'\
.JOB LOCATION: 101 F. BOYNTON BF.ACH BLVD
AFTE1U::V AUJA TION OF YO\lR NEEDS
WE PROPOSE TO SUPPL Y lABOR & MA TF.RIAL TO:
-EXCA VA TION AND REMOVAL
-REMOVE RXISTING EARTH AND DEHRIS UP TO 160 S.F_
-HAUL FROM SITI.:
-BASE ROCK WORK
-SUPPLY 6" CRUSHED BASE ROCK. COMPACT & GRADE
UP '1'0 160 S.F.
-ASPHALT PAVEMENT INSTALLATION
UP TO 160 S,F.
APPL Y EMlILSIFIED ASPHAl.T
SVPPL Y A VG I 'hlt l'YPE S-lH HOT PLANT
PRIC
NOTE: M & M CAN NOT WORK AROUND CARS, IS AGEMENTS RESPONSIBILITY TO ARRANGE FOR
VEHICLE TOWING WHEN OWNERS FAIL TO COMPLY WITH PAVING AND/OR SEAL COAT SCHEDULES
ONE YEAR WARRANTY ON I.ABORAND MATERIALS
TERMS 50% UPON ACCF.PTANCE, BAI.ANCE UPON COMPLETION
ADDITIONAL LV INSURED NOT INCLUDED
SCRAPING OR PRESSURE CLEANING NOT INCl,UDED
DOES NOT INCLUl)E PF:RMITSt TESTSt OR SPECIFIC REQUIRF,MENTS
ENGINEERINGt SURVEY AND LAYOUT RY OTHERS
SA W CUT RRMOV AL OF ASPlIALT COVERS UP TO 2"
PF.BBLlNG/RA VEUNG IS NORMAL DURING TIlE CURF. PROCESS
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SIGN &: R,~T.1: '(J~ SCHEDULING
J:)ATf!.__.fI.~ . ACCEPTANCF._
~4-1~-~~~h 11:'h MATN STRFFT ~AR WASH ~h17~h?~1~
PRGEl
P.O. BOX 110206 . NAPLES, FL 34108
239-597-9500 . FAX: 239-597-5152
E-mail: mail@fJoridaplay.com
www.f1orldaplay.com
Office Locations:
Orlando GlIlnesvllle Palm Beach
Playground Equipment, Site Furnishings, Bleachers & Shade Struct
TO: Main Street Car Wash
201 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
561-734-7608
Fax~ 561-736-2515
Attn: Ken Zen gage
561-374-1162 (cell)
Dan Winters
CC
Quanti
Unit Price
2
1
3
Plastic RecyclinQ
4' Recycled Plastic Malibu Bench (select colors) $
8' Recycled Plastic Malibu Bench (select colors) $
Permanent Mount Kit for Bench $
270.00 $
530.00 $
32.00 $
$
$
$
$
$
$
$
Preferred Customer Discount
6.5% State Sales Tax
Shipping & Handling
TOTAL PRICE - BENCHES
3
415.00 $
$
6,5% State Sales Tax
Shipping & Handling
TOTAL PRICE - UMBRELLAS
TOTAL PACKAGE PRICE
Prices do not include off-loading, assembly or installation.
Prices valid for 30 days,
To place an order as stated above, please sign below and return one copy
along with a check made payable to Swartz Associates or provide required
credit card information as stated below. (VIsa, MasterCard or Discover)
--;y' 44 ~-#E
//
Total
540.00
530.00
96,00
1,166.00
(76.00)
1,090.00
70.85
1,160.85
233.00
1,393,85
1,245.00
(295.00)
950.00
61.75
1;0-11.75
40.00
.75
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Signature:
Thank you.
ACRYLUX PAINT MPQ CO'1 IN
l 6010 Powerline Rd.
~ '" "'FT. LAL~~~LE, FLORIDA 33309-
I~ (954)772-0300. Fax (954)771-4198
.. www.acrylux_com ..
H~nLUX PRINT irS CO
6818 POllRLIHE RV
~RDR, FL 33389
TERIfINRL IV:
IfRCHANT N: 888462764
If ..>~ 825531981882
H)()()(xx
SALE X)()()()(XX0011
BATCH: 888813
DATE: FEB 22 86
SQ: 817 AU: vV
SALE
TRX
TOTAL
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INUOICE: 813384
mr: 11:48
AUTH NO: 822841
$19.95
$1.20
$21.15
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SOLD TO:
MNN STREET CAR Wfi,~~, --,
201 E BOVf\!,TOi\1 Sf;ACH8lVO
BOYNTCN BFJ\CH. r L 33435
CUSTOMER
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fl~ *cue
TOTAL
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Mp\!N STf~t, -, c~~ WASH
':'f11 E 8~':-i""~--' PI \ ,In.
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BOYNTON BEA~~,fl 334~2,... ,
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ACRYLUX P. I ,','
6919;~iP '. 'IRERD '
FORLtAOD RDA, Fl 33399,' ----
\ rER~~~l 1D: 999462764
\ IT~: 825531991892
\ S',xxxxxx0011
,~iLt INUOICE: 899199
"11 TII[: 12:46
"0,. AUTN NO: 917544
IY{ $103.75
$6.23
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ACRYLUX PAINT MFG CO~IINf
l 6010 Powerline Rd.
<::ll . FT,. LAudERDALE, FLORIDA 33309
I ~ (954) 772-0300 · Fax (954) 771-4198
.. www.acrylux.com
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SOLD TO:
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DTG5 'U:'
20_7C:
103.75
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701
\
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SALE AMOUNT
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Sf 77,h'"),,!D9~Qnn')11
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MISC_ CHARGES
SALES TAX
FREIGHT
Q ~.~.-:-
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7~~tutr.
TOTAL
Subject to terms and conditions on reverse side
ACRYLUX PAINT MFG CO.., IHe..
l 6010 Powerline Rd.
<=> FT. LAUDERDALE, FLORIDA 33309
I ~ (954) 772-0300 . Fax (954) 771-4198
'.. www.acrylux_com
"-
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97885
SOLD TO:
SHIP TO:
CASH- COOTRACTOR
MAIN ST, CAR WASH
2 AC641 AC64 SEALR 1 GAL (3 H20:1 17.95 35.90
5 IS5 INTERIOR SATIN 5 GALLON 16.95 84.75
1 PZHlO1Q SUPRIME 100% MUL TIPRP P 1M QT. 7.95 7,95
5 EPVVC5 EXTERIOR PREM IUM W/COL R 5 GAL 18.95 94
AMBER WAVES ~
5 DTF5 DEEP TINT SATIN/FLAT 5 G 19.75 98.75
15 DTF5 DEEP TINT SATIN/FLAT 5 G 18.95 284.25
SEOONA CLAY
CK#15262
S-~2
SALE AMOUNT
r
~QCQiVQd Qy:
MISC. CHARGES
SALES TAX
FREIGHT
36.38
Subject to terms and conditions on reverse side
7~ ~cut
TOTAL
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618 E. nCE(-=lI'~' nVE
'10YNTON BEACH~ FL 33435
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BOYNTON B~ACH, FL 33435
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tiE DEPOT CREDIT SERVICeS
.::PT32 - 2000515084
;0 BOX 6029
THE LAKES, NV 88901-6029
ACCOUNT 6035322000515084
SUNSHINE EVENTS INC
201 E BOYNTON BEACH BLVD
Payment Due Dale: 02/18/06
BOYNTON BEACH, FL 33435
Please make checks payable to
Involr>>: 2188150
Amount Due:
7.<<
Invoice Dat.: 1 V30/0:l
Store: 00000020:1
LAKE WORTH, FL
Stor.: 000000224
BOYNTON BEACH, FL
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617210 HITCH BALL
UNIT
PRICE
6. '8
PRODUCT
METAL TRAV
BULLSEVE 123
ROLLER COVER
ROLLER C.OVER
ROLLER C'oVER
ROLLER COVER
SKU.
130451
543.33
756563
756563
756563
756563
fnvole>>: 4:189394
Amount Du.:
:16.14
Involr>> Dat.: 01/07/08
Slor.: 000000224
BOYNTON BEACH. FL
510r8: 000000224
BOYNTON BEACH, FL
SKU'
113019
191646
460217
776222
UNIT
PRICE
15.97
19.88
12..'
3.97
SKU. PRODUCT
624963 12"80T INDUS
TOTAL
PRICE
15.97
19...
12..9
3.97
PRODUCT
15PC DRI SET
3PC WD CHISE
TAPCON 3/U
CNTRSINK ..
QUANTITY
1.0000 fA
1.0000 fA
1.0000 fA
1.0000 EA
SUBTOTAL
TAX
SHIPPING
8/~
/t;/
/
TOTAL
'71ti.frl/{db .~
()~lcL,~ f.,J~J f
~~
HOME DEPOT CREDIT SERVICES -
lnvo(ce~ '88811
Amounl Due:
~
I
Invoice Dal.: 01/01/06
27.82
QUANTITY
1.0000 fA
1.0000 EA
1.0000 fA
I. 0000 EA
1.0000 fA
1.0000 fA
SUBTOTAL
TAX
SHIPPINO
TOTAL
Involr>>: 4589408
Amount Du.:
UNIT
PRICE
2.97
..47
3.67
3.' 7
3.67
3.67
TOTAL
PRICE
2.97
..47
3.67
3.' 7
3,67
3.67
26.12
I. 70
0.00
fi __ \/
~
9-7.~J-
Invoice Dat.: 01107/06
42.56
QUANTITY
I. 0000 fA
SUBTOTAL
TAX
SHIPPING
TOTAL
r
./
UNIT
PRICE
3'.96
TOTAL
PRICE
3" "
Please Direct Inquiries to: Phone: 1-800-685-6691 Fax: 1-800-266-7308
"-
\
LI ') <)} /)
1(7' /
.--'/'/ I
-.J
/ME DEPOT CREDIT SERVICES
IEPT32 - 2000515084
PO BOX 6029
THE LAKES, NV 88901-6029
Payment Due Date: 02/18/06
Store: 000000224
BOYNTON BEACH. FL
SKU"
2"257
624762
62476&
652571
805225
815215
852546
852546
852546
B52546
PRODUCT
KIL2 11 5
Z4"FRAHEASMB
1/2NP6"CVLPN
4 IN TRAV
STRPR COVER
IN/fXCRPWFQT
ADHfSIVf ALM
ADHfSlVE ALH
ADHfSIVE ALH
ADHfSlVE ALM
Invoice: 13<<<<0
Amounl Due: 102.82
Involc:. Dale: 01110/08
QUANTITY
1.0000 fA
1. 0000 fA
1.0000 fA
1. 0000 fA
1. 0000 fA
1.0000 fA
1. 0000 fA
1. 0000 fA
1.0000 fA
1.0000 fA
SUBTOTAL
TAX
SHIPPING
TOTAL
UNIT
PRICE
62.00
4.41
2.97
3.47
2.48
5.67
3.87
5.B7
5.87
5.87
n ()~IJi~. / Iv
~~ ~ +cJtCtr//~
~ --~,
( OJ-I 0>
TOTAL
PRICE
62.00
4.47
2.97
3.41
2.45
5.67
5.87
3.87
5.87
5.B7
96.54
6.2B
ACCOUNT: 6035322000515084
SUNSHINE EVENTS INC
201 E BOYNTON BEACH BLVD
~@
BOYNTON BEACH, FL 33435
Please make checks payable to HOME DEPOT CREDIT SERVICES
Please Direct Inquiries 10: Phone: 1-800-685-6691 Fax: 1-800-266-7308
FEB-1S-ZOOS 04:15PM FROM-
T-4Z5 P.001/001 F-404
Receipt Look-up
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date c:.\lled in: 0'2 \ llo\ Ot..o
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Cust Name:
Date of tranS 2..- 2'1 - DS
Amount of trans 9~, ~ t
Reg #4/ 3 I ~
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Credit card #
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CAJU;l ElAI.ANCE
l<l91611G308119
U*Tt'ans ~S8a Rl!g 00011 C .;:;-.-- --.
0224 0 "'n...er 1Xl.tS:i3
SA~E 0006 25889 01/~6/2006
11 T~6S3 10131 AM
SALES POSTXNG ~A1'E: : 01/16/2006 ,.~.)~ It .
028756600114 ~H!SIVE ~ 181V~
36.0000 " $ 2 89 ~
085334601710 181NCH hRCS 104.
641817001~9S EARHUFFIND .97
~41817001~85 !ARMUFP!ND 11.~7
054007042181 tLEC.TAPE 11.117
0540070421S1 ELEC.TAP~ i':~
$UBTOT~ 142:89
SALES TAX 9 29
TOTAL $15~:18
0.00
18.14
TA
0.00
58.11
TA
75.23
· '''"it )j~J
cHANGi: OUE 1 . 4 3
STORE CRi:DIT
wuTranO 1496 Reg 00'):; Caollhj.,:r RoJ72H6
0224 0000, 14963 01/1)/2006
SALE 6L RJ72H6 09:28 AM
SALES pOSTING DATE: : 01/11/200.
OOOl)4~~146e 2X6-16~2 PR ~
5.0000 ~ $ 1].97 69.85
OOOli44!346Q 2x6-1G#2 PR
),0000 ~ $ 13.97 41.'1
72ee6509)~33 24' ALUM T2 1 .
SUBTOTAL 250.76
SAL~S TAX 16.30
TOTAL $~67.0G
_. ~Oll MASnRCARJ) 267 - 06
AUTH CODa 013416/803651~ EXPI~ 0401 TA
C~'.I
.EII)
CARD BALANCE
1491695291138
STORE: CRED!T
..J011 MAST1l;RCAItD
AUTH conE: 01GS07/5065D18
"".'I'r~n8 14!J7 Reg O~'03 C",shillr RJ72H6
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02-16-2006 15:01 MRIN STREET eRR WRSH 5617362515
PRGEl
"-......,
THE HO'''E DEPOT #224
- 1500 S.W. 8TH STREET
BOYNTON BEACH. FL. 33426 (561)364-9600
0224 00009 88725 02/15/06
SAlE 11 AD15D2 10:00 AM
" .,
,000134453086 '~X4,i:i8,.1pTnr
2 @ 3. 79''''~
.,' SUBTOTAL
SALES TAX
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XXXXXXXXXXXX0011 MASTERCARD
AUTH CODE 015517/5093126
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_t:!EW 30 DAY RETUR~utOUCV ON N:L G~l.IPtf&>~
~PGt{ERED ,rotfIPNtNT~AS OF 03-13-06
SEE RE:TURNS DESK FOR ~UILS'~'",
**~******~~***************._*..**.**.~*
.......
ENTER FOR A CHANCE
TO WIN A $5.000
HOME DEPOT GIFT
CARD!
-
Your Opinion Counts! We would like to
hear about your shopping experience.
Enter to win a $5.~OU Home Depot Gift
Ca rd by comp 1 et i ng afbri ef survey about
your store visit at:
www.HoroeDepotOpinion.com
You will need the following to enter
on-line:
User ID:
"1.77963 "1.77748
Password:
6"1."1.5 177739
Entries must be entered by 03/17/2006.
Entrants must be 18 or older to enter.
See complete rules on webs1te. No
purchase necessary.
;F~tA An~uesta tambien se encuentra en
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@
. .
THE HOJ.1E DEPOT #224
1500 S.W. 8TH STREET
BOYNTON BEACH, fL. 33426 (561)364-9600
0224 00004 40305
SALE 61 LI,lG700
118390.. ~
~.... ~)
I~~~
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CUSTOMER AGREEMENT # 256197
RECALL AMOUNT
SALES TAX
TOTAL
XXXXXXXXXXXX4798 HOME DEPOT
AUTH CODE 017605/3040301
11111111~111111l111111111111111111111111
02201- 04 40j05 0211712006 8390
NEW 30 DAY RETURN POLICY ON ALL GASOLINE
POWERE~ EQUIPMENT AS Of 03-13-06
SEE RETURNS DESK fOR DETAILS
*w***wwwww********.*....*.*...*********
ENTER FOR A CHANCE
TO WIN A $5,000
HOJ.1E DE POT GIFT
CARD!
Your Opinion Counts! We would like to
hear about your shopping experience.
Enter to win a $5,000 Home Depot Gift
Card by completing a brief survey about
your store visit at:
www.HomeDepotOpinion.com
You will need the following to enter
on-line:
User ID:
81123 80903
Password:
6117 80899
Entries must be entered by 03/19/2006.
Entrants must be 19 or older to enter.
See complete rules on webslte. No
purchase necessary.
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LOWE'S
BOVNTON BEACH, FL
(561)733-1397
-SALE-
SALES .: SllllMEl 811579 03-08-06
11 0275 MEDALLION 30" WIN
6 e 6.94
41. 64
SUBTOTAL:
TAX 32299:
INVOICE 05277 TOTAL:
41. 64
2.71
44.35
BALANCE DUE:
44.35
M/C :
44.35
M/C XXXXXXXXXXXXOOll 008175
AMOUNT: 44.35
1111 TERMINAL: 05 03/08/06 09:52:36
f~(
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I.II~I_I\
THANK YOU -",
FOR SHOPPING ,~~~)~
J'~(.
", ./'
RECEiPfililllkI.Bto' FOR-CASH -REFUND.-
CHECK PURCHASE REFUNDS REQUIRE ~
15 DAV WAif~tRlLO.D FOR CASH BACK ..,_
STORE MGR: GREGG BRACKEN
WE HAVE THE LOWEST PRICES, GUARANTEED!
IF YOU FIND A LOWER PRICE. WE WILL
BEAT IT BV 10%. SEE STORE FOR DETAILS
g/';/lf--)
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THE HOt.1E DEPOT #224
1500 S.W. aTH STREET
BOYNTON BEACH, fL. 33426 (561)364-9600
0224 ooooa 65030 03/10/06
SA~~ 11 AD15D2 09:38 AM
/
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i'~~~~
!~~~~ (ID
(//
SALES TIIX
TOTAL
XXXXXXXXXXXXOOll MASTERCARD
AUTH CODE 010769/2082465
107.64
7.00
$114.64
114.64
TA
.-
~
NEW 30 DAY RETURN POLICY ON ALL GASOLINE
POWERED EQUIPMENT AS OF 03-13-06
SEE RETURNS DESK fOR DETAILS
*********************************~*****
ENTER FOR A CHANCE
TO WI N A '$5 ~OOO
Hor.1E DEPOT GYf"'T
CARD!
'::.~kf' :;,.~-t~:';\.';"r~A;'-,
Your Opinion Counts! We V10uld lik~.to
hea r about you r shopp i ng expertenc~-:'
Enter to win a $5,000 Home Depot Glft-
Card by completing abrl.ef surveY'.~Qout
you r stoite:!\:\!~~*~,
"--
",w",.HomeDepotOpinion.co~
You \;,I; 11 need the fOlloW1'ri~~~
on-line:
User ID::
130573 13035
Password::
6160 130349
~
Entries must be entered by Qq_ j9j20~
Entrants must be 18 or older to ert~
See complete rul es on websl te/:/J~o ____
purchase necessary.
.' /...c~.
(", ,I
&;39'
:THE HOME DEPOT #224
1500 S.W. 8TH STREET
BOVNTON BEACH, FL. 33426 (561)364-9600
0224 00003 47377 04/03/06
SALE 61 SH087H 10: 30 A~l
THE HOME DEPOT #224
1500 S.W. 8TH STREET
BOYNTON BEACH. FL. 33426 (561)364-9600
0224 00030 93895 04/03/06
41 DM67FY 11:00 AM
SALE
8296 "'S
~.. )
~
~~~~
~~~ cro
k t t' .~.,,,."\
( '. .cf ,','1 Ytt,,,,,,,,,
),..i., ..
. ..,', /'.
~~ 651082061139 IRQN FENCE
2 Ql 9.97 '.
651082061115 IRON FENCE
Q II 16.97
6510~061153IRON FENCE
7 II 3.47
o 0 40LB PALM
2 1lI 9.83
35.88 ' 3' 013013222505 3.5#ROSEFOOD
/1: ;4. ~ 785344320006 2LB DYNO
35.50 I~ 742786800855 MED DONUT
90'1~0 . 8 II 1.19
5.86 ..... ".') 742786201768 16"SQ STONE f
$95.9 ) P J-j SUBTOTAL
95.9 ..::0,' , SALES TAX
TA .// TOTAL
---- XXXXXXXXXXXX0011 MASTERCARD
AUTH CODE 003596/8306902
P.O.#/JOB NAME: 00
..,..".1'-------.."-
12.94,)'
5.78
19.94
101,82
I
SUBTOTAL
SALES TAX
TOTAL
XXXXXXXXXXXX0011 MASTERCARD
AUTH CODE 003016/8035430
P.O.#/JOB NAME: 040306
./ I
/
1~:~~ j Yl/'j
7.87 ;~. it Yf
9.52 ~~-
3.19 '! )... -",\,",
189.86 ~I ('.L1 /
12.35 .J. ,/ /'
$202.21 __/
202,21
TA
11111111111111111111111111111111111111/"/11I111/1/1 III
0224 03 47377 04/03/2006 8296
~~
NOW HIRING SPRING SEASON ASS,OCJATES
PTln Ap"PLY TODAV IN-STORE OR ON-LINE
AT: STORECAREERS.HOMEDEPOT.COM/HOURLV
**w~***********************************
JJ~jll~II~~l~IW~l~I[OOlll~JlllllIl
ENTER FOR A CHANCE
TO WIN A $S.OOO
HOME DEPOT GIFT
CARDI
NOW HIRING SPRING SEASON ASSOCIATES
PT/FT APPLY TODAY IN-STORE OR ON-LINE
AT: STORECAREERS.HOMEDEPOT.COM/HOURLY
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Your Opinion Counts! We would like to
hear about your Shopping experience.
Enter to win a $5,000 Home Depot Gift
Card by completing a brfef survey about
your store vfslt at:
ENTER FOR A CHANCE
TO WIN A $5.000
HOME DEPOT GIFT
CARD!
www.HomeDepotOplnfon.com
Your Opinion Countsl We would like to
hear about your shopping experien?e.
Enter to win a $5.000 Home Depot Glft
Card by completing a brief survey about
your store visit at:
You will need the followfng to enter
on-line:
www.HomeDepotOpinion.com
User IO:
95267 9SQ.q6
You will need the following to enter
on-line:
User Tn.
"
LOWE'S
BOYNTON BEACH. FL
(561)733-1397
-SALE -
SALES I: S1111I01 941011 04-06-06
111239 KERACOLOR U PEARL 8.97
204262 ~m 8.97
19299 EHPIRE FENCE BAtr--I~O------",
8 @ 16.97 '
219~2_~Jlt!~S~~~~~a9;o;88..r..~.,- ../
- 4 @ 9.97 /'
SUBTOTAL: 193.58
TAX 32299: 12.59
INVOICE 09959 TOTAL: 206.17
BALANCE DUE: 206.17
HERCH/GIFT CARDS: 32.47
HIC : 173.70
HERCH/GIFT CARD 6565 AUTHCODE 000000
-
BEGIN BAL TRANSACTION AMT E~DING BAL
32.47 32.47 / '., 0.00
// "
- --- - - - - - - - - - - - - - - - - - - - .,.,..:.. - - - - - - -,~-
H/C XXXXXXXXXXXXOD11 ~D24~/
AHOUNT: 173.70
---------------------------- - - - - - ---
1111 TERMINAL: 09 04/05/05 11:25:07
. 11111_111111111111
THANK YOU
FOR SHOPPING LOWE'S
RECEIPT REQUIRED FOR CASH REFUND.
CHECK PURCHASE REFUNDS REQUIRE
15 DAY WAIT PERIOD FOR CASH BACK.
STORE MGR: GREGG BRACKEN
WE HAVE THE LOWEST PRICES, GUARANTEED I
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71 TE, 72 TR, 06424.
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SUBTOTAL
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THE HOME DEPOT 0208
THANK-YOU FOR SHOPPING AT THE HOME DEPOT
POMPANO BEACH, FL. 33064 (954)978-6100
0208 00030 01807 04/07/06
41 DXS660 11:01 AM
SALE
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NOW HIRING SPRING SEASON ASSOCIATES
PT/FT APPLY TODAY IN-STORE OR ON-LINE
AT: STORECAREERS,HOMEDEPOT.COM/HOURLY
~www****.*.*.**********~*****..**.****~
ENTER FOR A CHANCE
TO WIN A $5.000
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Your OpInion Counts' We would like to
~~; hear about your shoPpIng experIence,
Enter to wIn a $5,000 Home Depot GIft
Card bycqmpletlng a brIef survey about
your store visit at:
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User ID:
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THE HOME DEPOT 6315
1400 WATER fORD PLACE
"DELRAV BEACH. fL 33444 (561)272-5127
6315 00023 34431 04/06/06
SALE 41 KDE938 02: 39 Pllt
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8 @ 16.97 135.76
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P.O.#/JOB NAME: 040606
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6315 23 34431 04/06/2006 3334
Your Opinion Counts! We would like to
hear about your shopping experience.
Enter to win a $5,000 Home Depot Gift
Card by completing a brief survey about
your store visit at:
www.HomeDepotOpinion.com
You will need the following to enter
on-line:
User 10:
75466 69174
Password:
6206 69'15'1
Entries must be entered by 05/06/2006.
Entrants must be 18 or older to enter.
See complete rules on website. No
purchase necessary.
L _ _'-, f,,~ co,," ..n"-'Ilent ra en
THE HOME DEPOT 6325
15050 JOG ROAD
DELRAY BEACH,fL 33445 (561)498-1251
6325 00004 13807 04/06/06
SALE 11 LW523W 03: 14 Pt.'
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2 @ 23.97
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XXXXXXXXXXXX0011 I~ASTERCARD
AUTH CODE 006057/5047678
P.O.#/JOB NAME: 0
11111II111II1I11~111111111111I111111111111111111111111
~ 6325 04 13807 04/06/2006 0184
NOW HIRING SPRING SEASON ASSOCIATES
PT/fT APPLY TODAY IN-STORE OR ON-LINE
AT: STORECAREERS.HOMEDEPOT.COM/HOURLY
w***w****************************~*****
ENTER FOR A CHANCE
TO WIN A $5~000
HOro1E DE POT GIFT
CARD!
......~.'I
. S
Your Opinion Counts! We would like to
hear about your shopping experience.
Enter to win a $5,000 Home Depot Gift
Card by completing a brief survey about
your store visit at:
www.HomeDepotOpinion.com
You will need the following to enter
on-line:
User 10:
34228 27907
Password:
6206 27903
Entries must be entered by 05/06/2006.
Entrants must be 18 or older to enter.
See complete rules on website. No
purchase necessary.
(Esta encuesta tambi~n se encuentra en
espai'lol en la pagina del Internet.)
@/
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qreatSpaces
182 .1{rf rJijtfi)1'f)enue
(])effay(j3eacfi rJL 33483
561.330.7078
561.330. 7138 f~
January 1 s" 2006
Ken Zengage
Main Street Car Wash
201 East Boynton Beach Blvd.
Boynton Beach, FL 33435
Invoice - Services for December '05
Numerous meetings at site; preparation of initial presentation
boards with concepts and samples; selection of exterior paint
options with alternates for chair rail and trim; preparation of
painted sample boards and chair rail sample; final selections of
colors.
12.5 hours @ $75.00
10 hours [assistant @ $20,00]
$ 937.50
200.00
Total fees
$1,137.50
Expenses:
Materials for presentation boards; Benj,
Moore paint; rollers and boards for making
up samples [see copies of bills attached]
Total expenses
$ 410.46
$1,547.96
TOTAL THIS INVOICE
Thank }OJ.
/:~~>~~ ;
51
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182:NE CFift;hjlvmue
(])efray (Beach) CFL 33483
561.330. 7078
561.330.7138 fa:(
February 1st, 2006
Ken Zengage
Main Street Car Wash
201 East Boynton Beach Blvd.
Boynton Beach, FL 33435
Invoice - Services for January '06
Meeting at site to discuss exterior paint colors and minor
change in scheme.
1.5 hours@ $75.00
$112.50
TOTAL THIS INVOICE
$112.50
Thank you.
.~
THE HOr.1E DEPOT #224
1500 S.W. 8TH STREET
BOYNTON BEACH, fL. ~3426 (561)364-9600
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A,'f.,~.1;QRi.~,~R~~~~.'!fiqtl!EJ~pPO.J ..~P/1fWffl'JJ~HC"'~
www*****...........w...................
ENTER FOR A CHANCE
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Your Opinion Counts! We would like to
hear about your shopping experience.
Enter to win a $5,000 Home Depot Gift
Card by completing a brief survey about
your store visit at:
www.HomeDepotOplnlon.com
You will need th9 following to enter
on-line:
User ID:
22845 22629
Passwo rd,.:~
6211 221ii21
,~;,?~-'
.~~'
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Entries must be entered by 05/11/2006.
Entrants must be 18 or older to enter.
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(Esta encuesta tambHm se encre1'ltra en
espal'lo 1 en ]a pAgl nil. de 1 I n9 rnet. )
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PRO GARDENS INC.
RECEIVEO BV:
Nursery Location
15100 Persimmon Ave.
Delray Beach, FL 33446
561 261-9390
Mailing Address
720 Eldorado Ln
De/ray Beach, FL 33444
561 278-0927 Fax
CUSTOMER P.O. NUMBER
Sub- Tolal
Sales Tax
Total
Deposit
Paid
Amount Due
IV. CONSENT AGENDA -
J. REVIEW OF COST ANALYSIS OF OUTSIDE
CONSULTANTS EMPLOYED BY THE CRA
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
Requested CRA Date Final Materials Must be Requested CRA Date Final Materiats Must be Turned into
Meetinl! Dates Turned into CRA Office Meetinl! Dates CRA Office
0 January 10, 2006 December 27, 2005 (Noon.) D July 11, 2006 June 27, 2006 (Noon)
0 February 14,2006 January 31, 2006 (Noon) D August 8, 2006 July 25, 2006 (Noon)
0 March 14,2006 February 28,2006 (Noon) D September 12, 2006 August 29, 2006 (Noon)
B April 11, 2006 March 28, 2006 (Noon) D October 10, 2006 September 26, 2006(Noon)
. May 9, 2006 April 25, 2006 (Noon) m November 14, 2006 October 31, 2006 (Noon)
D June 13, 2006 May 25, 2006 (Noon) B December 12, 2006 November 28, 2006 (Noon)
NATURE OF
AGENDA ITEM
. Consent Agenda
D Director's Report
D Old Business
D New Business
D Legal
o Future Agenda Items
D Other Item
DATE:
May 2,2006
SUBJECT SUMMARY PARAGRAPH: The eRA Board wishes to view the costs of outside consultants employed
by the agency on a fiscal year basis. Attached is that analysis
RECOMMENDATION: Review the analysis.
FISCAL IMPACT/FUNDING SOURCE: As of April 30, 2006 the overall expenditures on consultants did not
exceed budget appropriations. See attached analysis of all changes.
ALTERNATIVES: N/A
ROBURD{ ~Drrecto'
CRA STAFF:
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 05 09
CRA Board Meeting\Analysis of Consultant Charges.doc
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V. PUBLIC COMMENTS
VI. PUBLIC HEARING:
VII. PULLED CONSENT AGENDA ITEMS:
VIII. OLD BUSINESS:
A. TCRPC PRESENTATION OF HOB PLAN
FEASIBiliTY ANALYSIS RESULTS
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
+ Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned !!!!!!
Meetinl!' Dates Turned into CRA Office Meennl!' Dates CRA Office
0 January 10, 2006 December 27,2005 (Noon.) 0 July 11, 2006 June 27, 2006 (Noon)
0 February 14,2006 January 31, 2006 (Noon) 0 August 8, 2006 July 25, 2006 (Noon)
0 March 14,2006 February 28, 2006 (Noon) 0 September 12,2006 August 29, 2006 (Noon)
[I April 1], 2006 March 28, 2006 (Noon) 0 October 10, 2006 September 26, 2006(Noon)
. May 9, 2006 April 25, 2006 (Noon) IB November 14,2006 October 31, 2006 (Noon)
0 June 13,2006 May 25, 2006 (Noon) II December 12,2006 November 28, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Consent Agenda
o Director's Report
. Old Business
o New Business
o Legal
o Future Agenda Items
o Other Item
DATE:
May 1, 2006
SUBJECT SUMMARY PARAGRAPH:
The CRA Board requested that a feasibility analysis be conducted to determine the relevance of the Heart of
Boynton Community Redevelopment Plan in the current development environment. The Treasure Coast Regional
Planning Council (TCRPC) was selected to conduct the study. The TCRPC is presenting their findings and
recommendations for Board review.
RECOMMENDATION:
Adopt the TCRPC's recommendations.
FISCAL IMPACT/FUNDING SOURCE:
None.
ALTERNATIVES:
:=:::~~
VIVIan L. Brooks
eRA Planning Director
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 05 09
CRA Board Meeting\TCRPCHOBFeas.doc
DRAFT
DRAFT
DRAFT
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
Heart of Boynton Neighborhood Concept Plan - Economic Analysis
(April 2006)
Executive Summary
The Treasure Coast Regional Planning Council (TCRPC) was requested by the Boynton Beach
Community Redevelopment Agency (CRA) to provide an assessment of the "Heart of Boynton"
Neighborhood Concept Plan (a portion of the Heart of Boynton Community Redevelopment
Plan). As part of the scope of work, the CRA requested that an economic analysis of the
redevelopment district be conducted, with a focus on historic and future market conditions,
current land supply, and development potential based on proposed zoning modifications. The
analysis includes estimated phasing, pricing and absorption of residential and non-residential
uses, considering area supply and demand conditions, as these factors are relevant in developing a
master plan for future redevelopment success within the area. To complete this scope, TCRPC
retained Metrostudy, a nationally recognized firm specializing in market and economic analysis.
This executive summary describes the general framework and preliminary findings of the review.
"lk.1l1 01 Bu., nloll' 0, lI'" 1\
The Boynton Beach CRA was initially established in 1981 with a l80-acre focus on properties
east of Federal Highway. Over time, the agency was expanded to include a total of 1,614 acres,
spread among five districts: Federal Highway, Heart of Boynton, Boynton Beach Boulevard,
Town Square, and Ocean Avenue. The Heart of Boynton District, consisting of approximately
350 acres, is the western-most portion of the CRA, included in the CRA as part of its 1996
expansion. The district is generally located south of the Boynton Beach canal and Martin Luther
King, Jr. Blvd., north of Boynton Beach Boulevard, west of North Federal Highway, and east of
1-95, and it is centered around Seacrest Boulevard which runs north/south through its center.
In 2001, the CRA adopted the "Heart of Boynton Community Redevelopment Plan," which
assessed land use and general market conditions of the district and set forth a series of planning
and program recommendations. These included:
. Property Reorganization: fifteen separate neighborhoods to be consolidated and
reorganized as follows:
o
West of Seacrest Boulevard (approximately 210 acres) to remam single-
family residential (reorganized into three neighborhoods)
o
East of Seacrest Boulevard (approximately 140 acres) to become mixed-use
redevelopment (extensive reorganization of neighborhoods and uses to
promote single-family, multi-family, and mixed uses as well as improved and
better organized civic/public uses (e.g., Wilson Center, Palmetto Park,
Galaxy Elementary School)
Heart of Boynton Analysis
ftl!f{ p t ~.!!~study
page 1 of7
DRAFT (rev. April 2006)
DRAFT
DRAFT
DRAFT
· Future Land Uses:
o West of Seacrest Boulevard, the predominate Single Family Residential
(allowing 4.84 du/acre) was recommended to continue, along with a limited
supply of Recreation and Public Use FLU.
o East of Seacrest Boulevard, land use recommendations included Single
Family Residential (4.84 du/acre), Multi-Family Residential (allowing 10.8
du/acre), and Multi-Use Light (allowing 20 du/acre) were recommended,
along with the retention of Manufacturing along the FEC rail corrjdor.
Building height limits of 35 feet for Single Family Residential and 45 feet for
all other uses were recommended.
Residential and commercial revitalization initiatives within the Heart of Boynton district over the
past ten years have been lacking when compared to other redevelopment areas in South Florida,
due to a number of socioeconomic, political and economic forces. As with many other coastal
cities, most infill development activity has been in the form of townhomes and low rise
condominiums, most of which are either located on U.S. Highway I or along each community's
primary east-west corridor. Construction of infill housing on parcels away from these corridors
typically only occurs once urban renewal efforts have matured, and the urban core has gentrified
to a point where demand for housing spreads outwards into more blighted areas. Delray Beach is
a prime example of this process, with Lake Worth beginning to experience an infill housing
renaissance with the construction of new townhome projects on both Dixie and Federal
Highways. These projects are a result of redevelopment efforts along the Lake/Lucerne corridor
and are occurring even without a strong infill program.
l\Ia.-J\.ct ConccnlS
From a market standpoint, past redevelopment efforts in the Heart of Boynton District have
suffered due to three main issues: (1) lack of a successful "seed" project, spurring further
construction activity; (2) a small, loosely organized downtown area without a concentrated
commercial/retail core area from which expand; and (3) limited development incentives such as
subsidized land costs, increased density, flexible development regulations that would allow for
innovative design features. There is also an issue of finite demand, notable for infill housing in
redevelopment areas (especially during the early stages) as these units tend to be desired by a
smaller segment of the buyer pool, whereby buyers seek a maintenance-free urban lifestyle and
are not concerned about the perception of residing in a socio-economically depressed area. Most
urban "pioneers" have been attracted to areas in downtown Delray Beach, Lake Worth, West
Palm Beach and Deerfield Beach, leaving other areas such as Boynton Beach and Riviera Beach
to investors or buyers with longer-term visions.
In addition, overall demand for housing has softened in south Florida, due to affordability issues,
increasing interest rates and resale supply. Some buyers that have been in the market for a second
home or place to retire are holding off on their decisions until prices become more favorable.
Even some professionals and working class families are beginning to postpone housing
purchases, as they believe that prices will drop over the next six months to a year. This does not
bode well for new construction projects within the Heart of Boynton over the next few years,
unless units priced at a point that is well below the going rate for other projects in the area.
Heart of Boynton Analysis
1~~!~ ~.!!'~study
page 2 of7
DRAFT (rev. April 2006)
ORAIT
DRAIT
ORAIT
Most economists believe that this slowdown could very well continue over the next twelve to
twenty-four months, until investor supply (which has nearly doubled the amount of housing
currently on the market within the last four months) is slowly absorbed by true user demand.
While the need for new housing remains strong, the increase of townhomes and condominium
units for sale in the area will most likely impact unit absorption in the subject area.
A final challenge facing the Heart of Boynton, aside from the overall weakening of the housing
market, is the market acceptance of the surrounding community. The adjacent residential areas
generally consist of older single-family homes, duplexes and low-rise apartments that were built
in the 1960s and 1970s. Many of the retail centers and businesses located along Seacrest A v~nue,
Boynton Beach Boulevard and U.S. Highway I cater to a socioeconomic segment not typically
associated with market rate townhomes. Competition from a number of other attached and
multifamily projects in more desirable areas will also pose additional challenges to development
in this area. These concerns will be eased if on-going and speculative redevelopment efforts along
Ocean Avenue and Federal Highway take hold within the next year.
:\Im kl'l .\d\allt.I;':'(',
The Heart of Boynton redevelopment district does have some competitive advantages, including:
. Being located near a major highway (Boynton Beach Boulevard) and along two main
north-south roadways (Seacrest Avenue and U.S. Highway I);
. Being within minutes to the beach, the Boynton Beach Mall, and other retail activity
along Congress Avenue;
. A location near a number of large employers in West Palm Beach and Boca Raton,
and within minutes to retail jobs along Congress Avenue and Boynton Beach
Boulevard; and
. A location within a designated redevelopment area.
Land within the Heart of Boynton is relatively inexpensive when compared against other
neighborhoods east of Interstate 95 and west of U. S. Highway 1. This will work to the advantage
to both the CRA and private developers when attempting to assemble property. Much of the land
east of Seacrest Avenue consists either of rental units, commercial structures, or vacant land,
which would also be of benefit for land assembly. .
Community infrastructure, in terms of schools, parks and community centers, are mostly in place,
reducing the cost needed to support any additional population increases brought on by new
development.
Pricing. 1'11"'111;:' .llld \ h'OI plll"l
Based upon the proposed zoning plan developed by the CRA for the Heart of Boynton area, a
maximum of 895 new units will be allowed for those areas east of Seacrest Avenue that will
receive density increases should the proposed zoning be approved. This amount will most likely
be lower, as this maximum threshold assumes that all land within these designated areas would be
built to the highest density allowed.
Heart of Boynton Analysis
It;.~{' ~: ~.!!'~study
page3of7
ORAIT (rev. April 2006)
DRAFT
DRAFT
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R-1
MU Low 1
UR-3
Totals
Source: Boynton Beach eRA and Metrostudy
76
64
152
292
12.37
15.41
45.99
73.77
7.26 DU/Ac.
20 DU/ Ac.
10.8 DU/Ac.
90
308
497
895
14
46
75
134
Of the 895 units conceivable in a build-out scenario, recent CRA recommendations suggest ~5%,
or 134 units, should be set aside for workforce housing. According to Palm Beach County
guidelines, workforce housing is
defmed as housing designed to be
affordable to those households
earning incomes ranging between
$32,000 and $75,000. Based upon
these proposed thresholds, land
within the R-l and UR-3 zoning
designation will consist of
townhomes of varying density,
with the MU Low 1 designated
area consisting of low rise (under
five stories) condominium units.
Given that roughly 80% of the
land under the proposed zoning
scheme would have densities
below eleven units per acre, most
of the land area would likely
consist of townhomes and
carriage homes, if developed
according to the Heart of Boynton
plan. The MU Low-l pockets
along Federal Highway and
Seacrest Boulevard provide an
appropriate scale for the area and
will likely provide needed
affordable housing, as these types
of units can be built and sold at a price point that is more attainable than with the townhome units.
roposed Zoning, East of Seacrest Blvd, as recommended in
eart of Boynton Community Redevelopment Plan
MARKET-RATE PRICING:
Pricing of Heart of Boynton units will depend on a number of factors, such as design,
development timeline, and state of the housing market. Nearby developments outside the Heart
of Boynton, such as The Arches and Promenade at Boynton, represent the types of "seed
projects" necessary to boost redevelopment activity throughout the CRA. While these projects
represent roughly 622 units, they are in various stages of development and likely several years
away from completion and occupancy. If left solely to market forces, the Heart of Boynton
district would likely not see any significant amount of redevelopment until (I) the nearby "seed
projects" were well established, and (2) demand for downtown housing builds by those same
buyer segments that initially flocked to Delray Beach and Lake Worth. Pricing for units in this
scenario (without CRA subsidy or other action) would be at market value, which, based on
Heart of Boynton Analysis
I:~t Ill' t m:.!r~study
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DRAFT (rev. April 2(06)
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current projects in other CRA areas, would range on average from $350,000 to $600,000 for
townhomes and $250,000 to $400,000 for low rise condominium units (new construction, not
conversions). These prices will likely be 20% to 30% higher in five to ten years.
MARKET -RATE ABSORPTION:
Absorption for future market rate units is difficult to determine, given the multitude of variables
associated with the housing market. Nonetheless, it is reasonable to assume a 100-unit townhome
or low rise condominium project could see a sales pace upwards to ten-to-fifteen units a month if
the design, amenities, and pricing were on par with what has been experienced in other CRA's.
This assumes that the aforementioned "seed projects" were successful, and retail develop:t;nent
along Ocean Avenue and Federal Highway were to increase and diversify. This trend would,
however, likely produce significant displacement and gentrification of the Heart of Boynton
district.
MODIFIED PRICING & ABSORPTION:
Should this area receive assistance by the CRA in terms of land acquisition and assemblage,
developers should be able to offer a more affordable product that is not solely market-driven.
Given these incentives, pricing for townhomes within the HOB area could range from $200,000
to $350,000, with low-rise condominiums priced from $150,000 to $300,000 if development were
to occur over the next few years. Even at these reduced price points, buyers will have to be
convinced that (l) redevelopment efforts will transform the area into a "destination," and (2) that
their investment will increase in value over time. These lower prices would also allow residents
within the Heart of Boynton specifically and Boynton Beach generally to purchase units, instead
of having a buyer profile specifically consisting of second home buyers, pioneers and investors.
Absorption in this lower price scenario is likely to be higher, with a sales pace of at least twenty
units a month for a 100-unit project. This extremely aggressive absorption pace is due to well-
documented and publicized need for affordable housing in Palm Beach County. Investor demand
would also likely be high, given the product type and low price point.
PHASING:
One of the more difficult aspects of the analysis to project is the phasing of development within
the Heart of Boynton. There are three likely situations that will occur, each depending on how the
CRA and City of Boynton Beach decide to proceed.
Scenario 1: Let the Market Dictate Development.
Redevelopment within the Heart of Boynton district will likely be slow over the next three to five
years, until the "seed" projects are occupied, and retail development receives the carrying
capacity needed to sustain a profit. Most development will be geared to professionals, second
home buyers, and retirees searching for a more urban lifestyle. Gentrification is likely to occur in
earnest, which will be reflected in the surrounding business base, and may jeopardize the stability
of the single-family neighborhoods west of Seacrest Boulevard. The CRA will likely not have to
provide much in terms of incentives, other than some possible land assemblage. Due to higher
price points, the agency would receive additional tax proceeds, and it is likely that developers
would be more willing to assist in infrastructure development costs.
Scenario 2: CRA-Assisted Development.
Instead of solely relying on the market to dictate terms of development, the CRA could offer
development incentives and concessions in order to draw development to the Heart of Boynton
district. Development could begin within the next year or two, and it should not be as dependent
on other projects outside the immediate redevelopment area. Because of the lower price point,
Heart of Boynton Analysis
J.TW' ~!!"~"study
.. ;;a:!
page 5 on
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the design and amenity packages offered in many of these projects will be basic in nature, which
could keep the area from experiencing significant price increases over time. Taxes received from
new development would be lower, and the City/CRA would probably be responsible for a greater
percentage of infrastructure development.
Because absorption is likely to be high, most CRA-assisted development could occur over the
next five or so years. There would likely be more of a rush to develop, instead of a gradual
phasing proWam, which are both a positive and a concern.
Scenario 3: CRA Promotes Initial Development, Then Allows Market To Take Over.
Basically a combination of scenarios 1 and 2, this third scenario would provide a phasing
schedule that would most likely be agreeable to surrounding residents, the City, and developers.
Over the first year, the CRA would purchase and assemble, as well as work with the City to
ensure that adequate infrastructure would be provided to the district. In years two and three, the
CRA would work with developers and offer incentives to provide for a few projects totaling 150
or so units. These projects, at their reduced price points, will most likely sell quickly to local
residents as well as to others needing affordable housing.
With these projects established (in addition to the developments along Ocean Avenue and Federal
Highway), demand for housing and retail activity in the area should begin to increase, which
would drive demand for market rate housing in and around the Heart of Boynton area. The CRA
would then be in a position to shift funding from builder incentives to other programs that would
assist the area (e.g., down-payment assistance, residential role model recruitment). Builders
would then be in more of a position after five years to build homes without the need of assistance,
as demand for market rate housing in the area will have increased to a sustainable level.
Pn'liminan Findin"s
. ,..,
Successful redevelopment of the Heart of Boynton area will hinge on the CRA's success to
acquire and assemble land for future housing, but cautiously so that the community's cultural
continuity can be enhanced and maintained. In understanding the district, the portion west of
Seacrest Boulevard appears to be stable, with tenured housing and neighborhoods. However, the
CRA focus on the portion east of Seacrest is essential for its redevelopment, as this transitional
area consists of a scattered collection of rental housing, commercial shops, and nonconforming
uses that will not redevelop themselves.
The proposed zoning thresholds will give the redevelopment area needed units but also
preserving the area's scale. Allowing density to exceed forty per acre on portions of land east of
Seacrest Avenue would harm community cohesion, gentrify the neighborhood, and likely lower
absorption rates, depending on when development would occur. The proposed R-I and UR-3
zoning designations (7.26 and 10.8 units to the acre, respectively) provide the CRA flexibility
needed for lower density townhome development, with the possible inclusion of some single-
family or carriage homes.
What the proposed zoning thresholds do not necessarily allow for is increased retail activity, as
the amount of units allowed will not provide for a user base great enough for a shopping center or
larger-scale retail center such as those in Boca Raton (Mizner Park) or West Palm Beach (City
Place). Density would have to be increased to inappropriate levels (over 100 units to the acre)
throughout much of the area east of Seacrest Boulevard for any large scale retail center to even
become remotely viable. By allowing these densities and space for commercial development, the
Heart of Boynton Analysis
~~~,~p (! !m'.tr~study
page 6 of7
DRAFT (rev. April 2006)
DRAIT
DRAIT
DRAFT
community would be radically transformed, and the single-family neighborhoods west of Seacrest
Boulevard would be severely and negatively impacted.
A controlled phasing plan, which utilizes both market forces and CRA assistance, would allow
for the redevelopment of the Heart of Boynton area to occur over the next ten years, given
favorable economic conditions. Housing demand in this neighborhood, however, will continue to
hinge on the success of surrounding new development within the CRA, Failure to create a
sustainable downtown along Federal Highway, with significant residential occupancies, will hurt
long-term demand, and force the City and CRA to subsidize future development within the Heart
of Boynton district over a longer period of time.
Heart of Boynton Analysis
ilicii ~,!r~"study
page 7 of7
DRAFT (rev. April 2006)
VIII. OLD BUSINESS:
B. CONSIDERATION OF AMENDING THE HOMEBUYERS
ASSISTANCE PROGRAM TO INCLUDE A
SHARED EQUITY COMPONENT
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into
Meetinl! Dates Turned into CRA Office Meetinl! Dates CRA Office
D January 10, 2006 December 27, 200S (Noon.) D July II, 2006 June 27, 2006 (Noon)
February 14, 2006 January 31, 2006 (Noon) D August 8, 2006 July 2S, 2006 (Noon)
D March 14,2006 February 28, 2006 (Noon) D September 12, 2006 August 29, 2006 (Noon)
D Apnl 11, 2006 March 28, 2006 (Noon) D October 10, 2006 September 26, 2006(Noon)
. May 9, 2006 April 2S, 2006 (Noon) D November 14, 2006 October 31, 2006 (Noon)
D June 13,2006 May 2S, 2006 (Noon) D December 12, 2006 November 28, 2006 (Noon)
NATURE OF
AGENDA ITEM
D Consent Agenda
D Director's Report
. Old Business
D New Business
D Legal
D Future Agenda Items
D Other Item
DATE:
April 28, 2006
SUBJECT SUMMARY PARAGRAPH:
At the February 2006, CRA Board meeting the Board approved the Homebuyers Assistance Program with
direction to come back to the Board with a shared equity formula recommendation for CRA funds. A shared equity
policy will provide a return on the CRA investment. These funds can then be reinvested into additional affordable
housing units.
The City's Community Improvement Department is implementing a shared equity policy (see attached) for their
Down Payment Assistance Program. CRA staff recommends adopting the City's policy. The CRA's share of the
equity will be proportionate to the amount of CRA funds invested in the home. As with the City's program, all CRA
funds are due at the time of sale.
Example:
Original home price:
City SHIP funds
CRA Funds
Mortgage
$225,000
$ 50,000 (71 %)
$ 20,000 (29%)
$155,000
$275,000
$ 50,000
$ 10,000
$ 28,400 (57% Return on Investment)
$ 11,600 (58% Return on Investment)
New Sales Price @ yr 5 :
Equity
20% Equity to Seller
Percent of Equity to City
Percent of Equity to CRA
RECOMMENDATION:
Approve the proposed shared equity formula.
FISCAL IMPACT/FUNDING SOURCE:
This proposal will provide a return on the CRA's investment.
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 05 09
CRA Board Meeting\agendasharedequity.doc
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
AL TERNATIVES:
Do not approve the Shred equity formu.la.
('I {.
eRA STAFF:':'~--~y:L . 1...
. Vivian L. Brooks
CRKPlanning Director
I
I
(.J~ ~ llr-
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTSICompleted Agenda Item Request Forms by Meelingl06 05 09
CRA Board Meetinglagendasharedequity.doc
City of Boynton Beach
SHIP Program Shared Equity
The owner must pay 80% of the equity to the City during the first
five years; during years 6-20, the City receives 50% of the excess
profit; and during years 21-30, 15% of the equity per the
appraised fair market value during the term of the owner's loan.
If the Owner lives in the property for the full term of the original
mortgage the City's mortgage is forgiven.
Years of Ownershi
1-5
6-20
21-30
Right-of- First- Refusal
The City also has the right-of-first-refusal to match the appraised
fair market value. If the City does not have an approved applicant
to purchase the property within forty five days after the receipt of
the appraisal, the owner can sell the property to anyone certified as
income eligible for affordable housing standards.
VIII. OLD BUSINESS:
C. DISCUSSION AND RECOMMENDATIONS
FOR APPROVAL -
DIRECT INCENTIVE FUNDING AGREEMENT
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into
Meetinl! Dates Turned into CRA Office Meetinl! Dates CRA Office
0 January 10,2006 December 27,2005 (Noon,) 0 July 11, 2006 June 27,2006 (Noon)
0 February 14,2006 January 31, 2006 (Noon) 0 August 8, 2006 July 25, 2006 (Noon)
0 March 14,2006 February 28,2006 (Noon) 0 September] 2, 2006 August 29, 2006 (Noon)
D April II, 2006 March 28, 2006 (Noon) 0 October 10, 2006 September 26, 2006(Noon)
. May 9, 2006 April 25, 2006 (Noon) CJ November ]4,2006 October 31, 2006 (Noon)
0 June 13, 2006 May 25, 2006 (Noon) EJ December] 2, 2006 November 28, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Consent Agenda
o Director's Report
. Old Business
o New Business
o Legal
o Future Agenda Items
o Other Item
DATE:
May 4, 2006
SUBJECT SUMMARY PARAGRAPH: DIRECT INCENTIVE FUNDING AGREEMENT (DIFA)
On January, 2006, the eRA Board removed the Direct Incentive Program for staff and legal review. The attached
draft documents are the results of those many discussions to improve the efficiency and financial accountability for
the program. The overall result is a Direct Incentive Program for Housing Initiatives and a Direct Incentive
Program for Public Amenities.
RECOMMENDATION: Provide staff recommendations, revisions and direction for implementation.
FISCAL IMPACT/FUNDING SOURCE:
Based on individual direct incentive agreements.
ALTERNATIVES: Not d~uss.
)
I
\...._~/
+-
CRA STAFF: f /
Lisa ri
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\06 05 09
CRA Board Meeting\DRAFT DIFA.doc
Direct Incentive Program
Attainable or Workforce Housing
Revised 04/20/06
Boynton Beach eRA
639 E. Ocean Avenue
Suite 103
Boynton Beach, FI 33435
www.bovtnonbeachcra.orq
TABLE OF CONTENTS
I. INTRODUCTION Page 1
II. PROJECT QUALIFYING GUIDELINES Page 3
III. PROGRAM ELEMENTS Page.5
IV. INCENTIVE PROGRAM APPLICATION REQUIREMENTS Page 7
V. INCENTIVE PROGRAM APPLICATION PROCESSING Page 10
VI. PROGRAM ADMINISTRATION Page 11
VII. MAP AND BOUNDARIES Page 17
VIII. AFFORDABLE ACCESS SCORING GRAPH Page 18
IX. INCOME GUIDELINES Page 19
X. CONTACT INFORMATION Page 20
INTRODUCTION
The Boynton Beach CRA seeks to encourage projects of excellence which define new markets,
quality, innovation and character in the CRA area. It is recognized that many times, these
benchmark projects require new and untested market assumptions, which have no local
comparable measures. This condition often requires market support to make the projects
feasible in the early years. Accordingly, this Program is focused on support for qualified,
benchmark projects during their initial stages. As defined by the focus of this Program', projects
which directly compete with existing projects, or that do not open new markets or that do not set
new higher project quality standards in the view of the CRA, may not receive maximum
consideration. The Program emphasizes the importance of benchmarking significant events
during the planning stages of each Project and keeping the CRA fully informed of a Project's
progress.
Further, the dream of home ownership or attainable housing rental is on the brink of becoming
an impossibility for many American families, particularly in South Florida. Many moderate
income families cannot qualify for a mortgage or afford the monthly mortgage payments. A
rapidly increasing population, flat income growth and increasing housing and construction prices
are some of the variables that have contributed to this new reality.
In response to this issue, programs have surfaced under different names: Work Force Housing,
Affordable Housing, Low Income Housing, etc. The CRA identifies its Program as Attainable or
Workforce Housing. However, regardless of which title is attached to such programs, the goal is
the attempt to make housing accessible and affordable to the moderate-to-median income level
population.
A common misconception is that this issue of affordability is only residential and one
dimensional. Thus, the CRA has developed this Program for attainable and workforce housing,
and has developed a separate grant program to assist small businesses with the challenges
they face with redevelopment issues.
In an effort to provide a more comprehensive community benefit program, this Program requires
that Attainable and Workforce Housing elements be addressed by applicants.
A separate program seeks to better the public elements in private development projects.
However, applicants under this Attainable and Workforce Housing Direct Incentive Program are
also encouraged to include public elements into their projects and will be evaluated accordingly.
eRA Staff can provide additional guidance on these elements.
APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS AT
THE SOLE DISCRETION OF THE CRA BOARD. PRIOR TAXABLE INCREMENT FUNDING
AGREEMENTS HA VE NO BEARING ON CURRENT APPLlCA T/ONS. ALL APPLlCA TIONS
ARE CONSIDERED INDEPENDENTL Y.
2
PROJECT QUALIFYING GUIDELINES
· The Project must be located in the City of Boynton Beach CRA Area as defined at the
time of application. The Applicant must be the person, corporation or entity receiving the
incentive funding, unless special circumstances are agreed to by the CRA Board. The
individual(s) presenting and executing the Application shall be the same individual(s)
who will execute the Agreement and must demonstrate and provide documentation of
their authority to act on behalf of the Applicant.
· All property taxes, fees and city/county liens owed by the Applicant must be paid and
current. Documentation of this must be submitted with the Application.
· The Project is required to be over $1,000,000 in projected new assessed taxable value
upon completion. However, projects in the Heart of Boynton area (as defined at the time
of application) need only exceed a threshold of $250,000 for consideration. For the
purpose of application qualifying, the new assessed value projection shall equal the
Project's projected appraised value (established by third party appraisal or feasibility
study), minus any projected homestead exemptions, multiplied by 90%, and subtracting
the current assessed value of the Project site. The value of any attainable or workforce
housing units shall be included in the net asset value.
· The Project type shall be a preferred use to qualify for incentives. Qualification for the
Project is based on its consistency with Redevelopment Plans, Design Guidelines and
its appropriateness within the overall neighborhood economic context. Consideration
will be given to the following uses:
1. Mixed Use Projects;
2. Multi-Family ownership units - (Heart of Boynton area only);
3. Stand alone Live/Work configurations (rental or ownership) (Heart of Boynton area
only).
· The Project's projected total annual economic impact to the City (after completion) as
projected, shall be a minimum of twenty (20) times the corresponding year's incentive,
during the incentive period. This impact analysis is waived in the Heart of Boynton area.
· To qualify for incentives, the Project shall (a) contain Attainable or Workforce Housing
Access elements (b) comply with participation in the Community Land Trust (CL T)
Program; or (c) comply with the City of Boynton Beach Affordable Access Ordinance.
· Projects are encouraged to have "Public Amenity" elements (required sidewalks, alleys
and streets do not qualify).
· The duration of the incentive shall be no longer than ten (10) years.
3
· The incentive will generally not exceed 50% of the CRA Tax Increment Financing (TIF)
revenue directly generated by the Project during the incentive period. The CRA Board, in
its discretion, may exceed the 50% limitation up to 90% of the generated TIF, or may
exceed the ten (10) year limitation by up to five (5) years, if, in the view of the Board, a
project will meet a significant need otherwise not being met, will serve as a catalyst for
other desired development, will be unique as to design or use so as to elevate the status
and stature of the City, or will otherwise provide extraordinary benefits to the CRA's
efforts to remove and/or prevent slum and blight conditions through development and
redevelopment.
· No incentive (in anyone year) shall exceed 75% of the new annual TIF revenue directly
generated from the Project for that year.
· Projects may be phased; however, each phase must meet program thresholds.
4
PROGRAM ELEMENTS
. Project Location - Must be within the CRA area. Projects in the Heart of Boynton area
may receive additional consideration.
. Attainable or Workforce Housing Incentive- Choose one of three Options (1,11 or III);
1. Option I - Direct Incentive Attainable or Workforce Housing Element.
2. Option 11- City of Boynton Beach Affordable Access Ordinance Compliance (TBO)
3. Option III - Community Land Trust Contributions (TBO)
. Project Quality
. Consideration shall be given to innovation, quality, and overall contribution to
the Community. Projects are also encouraged to have public amenity features.
. Economic Feasibility Studies are required, including projects in the Heart of Boynton
area.
5
INCENTIVE PROGRAM APPLICATION REQUIREMENTS
The following information shall be compiled in a loose-leaf binder, tabbed and labeled to
correspond with the following section headings. This information package is the Program
Application. The Application shall be forwarded to the CRA Executive Director with a formal
"Letter of Request" containing a narrative of the Project and summarizing the highlights of each
of the following sections. The letter should be signed by the Applicant or authorized agent and
be accompanied by fifteen (15) sets of the completed Project Application, one (1) unbound
master and a digital file on CD.
Application Checklist:
· Applicant Information
1. Applicant (majority owner) Name.
2. Listing of owners by ownership percentage.
3. Applicant address, phone number(s), fax and email address.
4. Contact person's name, title, and contact information.
5. 8rief resume on the Applicant and Principals (Exhibit "A").
· Project Information
1. List of properties and their PCN numbers with the site survey showing each.
2. Current tax roll value(s), projected tax roll value (supported by Item 6), and Projected
tax increment (see "Program Administration" for formula).
3. Project description (one-page narrative):
· Type of Project - (Commercial, Residential, Mixed Use, etc. with Square feet
of uses);
· Project location and site size;
· Zoning - (existing and requested);
· Features - construction finishes & materials, colors and public amenities, etc.
4. The City's staff site plan approval memo with conditions if approved, as well as
floor plans, elevations, landscape, colored renderings, public amenities and special
features, etc. (Exhibit "8").
5. Project Timetable with Projected Dates. If a Direct Incentive Funding Agreement
is entered into, a monthly report shall be required to be submitted to the CRA Executive
Director to correspond to the projected timetable. This requirement will be outlined in
detail within the Direct Incentive Funding Agreement.
6. Projected project value upon completion (Either A or 8 is required):
6
A. Feasibility study summary - The projected project value may be estimated by
a Project Feasibility Study, completed by an experienced third party firm. The
Study shall be based on market conditions, comparable projects, financing
and all factors affecting the development of a stand-alone project, without the
inclusion of incentives. Property value and inflation increases shall be no
greater than 3% annually. Supply a copy of the Project Feasibility Study's
Summary Conclusions, dated within the last six (6) months prior to.the date
the application is filed.
B. MAl Appraisal Summary - The project's projected value upon completion
may be established by a State Certified MAl Appraiser, using standard
appraisal methodology. Supply a copy of the Appraisal's Summary
Conclusions dated within the last six (6) months prior to the date the
Application is filed.
7. Attainable or Workforce Housing Commitment and Calculation. Define each
usage Set Aside Area and define Market Discount Pricing, for Option I, or submit a plan
for use of Options II or III with specific details.
8. Public Amenity Features - Highlight the design features, placement, cost, etc. of
any elements to be considered, if applicable. Include narratives or documents for FOA
associations, operating programs, maintenance, etc.
The request for incentives and application, if approved by the CRA Board, becomes an integral
component of the Direct Incentive Funding Agreement, including but not limited to other
requested information from the CRA. Therefore, great care should be taken to seek the most
accurate projections possible for the Project.
7
INCENTIVE PROGRAM APPLICATION PROCESSING
Project Applications shall be screened and reviewed by staff or a selected review committee
for completeness and sufficiency. Based upon financial information submitted by the
Applicant and other available financial information, a financial analysis shall be conducted
by the CRA staff which will be transmitted to and considered by the CRA Board. The review
period shall not exceed forty-five (45) days from the date of submittal for a completed
Application. On or before the 45-day period, staff shall either forward the Application, their
findings, comments and/or recommendations to the CRA Board for consideration at the next
regularly scheduled meeting, or request in writing that the Application provide additional
information. A 'copy of the staff or review committee recommendation will be forwarded to
the CRA Board and the City Commission/City Manager.
Upon presentation of the Application and recommendation to the CRA Board, the Board
shall: Approve, modify or reject the Application. The Applicant shall be notified in writing as
to the Board's decision within five (5) business days. If the Application is denied, the
Applicant may resubmit a revised Application for reconsideration. If the Board modifies the
Application, the Applicant shall have until the next regularly scheduled Board meeting, or
until such time as the Board directs, to accept or reject the proposed modifications in writing
or present further proposed modifications to the Board which should also be proposed in
writing prior to the Board meeting.
Lobbying of the CRA Board, directly or indirectly, prior to staff's or review committee's
submission of the recommendation to the Board, will result in disqualification of the
Applicant from this Program.
8
PROGRAM ADMINISTRATION
If the CRA Board approves the Application, and once the required documents are completed
and executed, the program will be generally administered as outlined herein. Specific
performance requirements and guidelines will be contained in the Direct Incentive Funding
Agreement.
Establishing Projected TIF for Application Submittal:
The formula to calculate the projected potential TIF generated by a project shall be as follows:
The tax value projected by either a MAl Appraisal or a certified third-party feasibility study (see
Application, Item 6), multiplied by 90% for adjustment for homestead exemption, tax roll
valuation, etc. multiplied by the current tax for the City of Boynton Beach and Palm Beach
County as of the date of Application. This total is the new projected tax revenue. Subtract the
new projected revenue from the tax revenue of the properties in the approved site plan as listed
on the official County Tax Appraisers rolls for the year the application is accepted by the CRA.
The difference (TIF) is the new tax revenue generated by the project. This amount is multiplied
by 95% to generate the actual projected revenues to be received by the CRA. Note that this
formula and the TIF numbers are used only for projection in the Direct Incentive Program
Application under "Project Information - Item 2" and not exact incentive amounts. The Direct
Incentive Funding Agreement will include a disclaimer that the TIF calculations are used only for
projection and are not exact incentive amounts.
Establishing the Actual Project's New TIF Revenue Eligible for Incentive:
The Annual TIF Revenue eligible for the Direct Incentive Program shall be established by
subtracting the tax revenues received for the project property( s) in the year the application is
accepted from the actual new annual revenues received by the eRA in any given incentive year.
This new revenue increase (increment) is then multiplied by the Program's Incentive
Percentage. The Incentive is calculated each year based on actual tax revenues received.
9
Incentive Disbursement Schedule:
The incentive shall be normally disbursed in ten (10) annual installments after required actions,
as set forth in the Direct Incentive Funding Agreement, have been completed by the Applicant,
unless incentive funds are to be paid prior to Project Completion.
The Earned Incentives will be dispersed no later than April 1 st, of the year following the
corresponding tax year.
Attainable or Workforce Housing Incentive:
The following are definitions for the Attainable or Workforce Housing Incentive Elements:
Option I
· Attainable or Workforce Housing Incentive rewards Projects for below market access
by the public to a defined portion of the Project. The Attainable or Workforce Housing
Incentive shall be evaluated by analyzing the amount of Project Set Aside Percentage.
· Project Set Aside Percentage shall be defined as the area (square footage) available
for market discounts, divided by the total area (square footage), in the Project for the
same type of usage.
· Market Pricing shall be the average actual or projected market or retail price per square
foot for each of the uses within the Project.
· The Discount Percentage is figured as the discounted pricing per square foot offered
by the Project, divided by the average rental or sale rate per square foot of the like-kind
area within the Project.
· Administration of Attainable or Workforce Housing Access Program by Project
Owner. The Applicant shall be required to qualify beneficiaries for the Attainable or
Workforce Access Spaces and report annually. The Project Applicant must qualify
beneficiaries for the term of the requested Direct Incentive Program (up to 10 years)
and/or placement of deed restrictions.
1. Residential Rental and Sales (must be one of the following to qualify):
a. Residential Rental - Individuals or families with household income ranging
from a "Very Low Income of 50% Median Income to 120% of Median Income"
for Palm Beach County as defined by the Department of Housing and Urban
Development ("HUD"L for the year that the Incentive Program application is
approved.
10
b. Residential Sales - Individuals or families with household income ranging
from a "Low Income of 80% Median Income to Income 120% Median Income"
for Palm Beach County as defined by HUD for the year that the Incentive
Program application is approved. Incentive units shall be priced so that
buyers are able to qualify for unit purchase. Qualifying Income Percentage for
home ownership is defined as 32% of the gross monthly income. The
purchaser must keep the unit for a minimum of 10 years or pay any profit
above the original Purchase cost plus a 3% annual inflation factor back to the
CRA. The incentive unit must be the primary full-time residence of the
qualified buyer. Program elements should be set as deed restrictions on the
identified units.
Option II - Affordable Access Ordinance Participation: (T80)
Option'" - Community Land Trust: (T80)
Project Quality Elements:
Public amenities are defined as areas that have unrestricted public access for the life of the
Project. Public amenities are not required as a part of this Attainable or Workforce Housing
Program but are strongly encouraged as a part of any project within the CRA boundaries. A
separate direct incentive program exists for Public Amenities. Physical improvements that may
be considered are very broad to encourage project design innovation. Specific items which will
not be considered as contributing public areas for scoring are sidewalks (10' wide or less),
roads, utility rights-of-ways, alleyways and items solely required for safety/emergency access.
11
CRA CONTACT INFORMATION
CRA Director:
Lisa Bright
Address:
639 E Ocean Ave, Suite 103
Boynton Beach, FL 33435
Office:
561-737-3256
Fax:
561-737-3258
E-Mail:
brightl@ci.boynton-beach.fI.us
Hours:
8:00 AM - 5:00 PM Monday - Friday
1:\Client Documents\Boynton Beach CRA \2419-000\Misc\Incentive Program - Attainable Housing 4-20-06.doc
12
Direct Incentive Program
Public Amenities
Revised 04/20/2006
Boynton Beach eRA
639 E. Ocean Avenue
Suite 103
Boynton Beach, FI 33435
www.bovtnonbeachcra.orq
INTRODUCTION
The Boynton Beach CRA seeks to encourage projects of excellence which define new markets,
quality, innovation and character in the CRA area. It is recognized that many times, these
benchmark projects require new and untested market assumptions, which have no local
comparable measures. This condition often requires market support to make the projects
feasible in the early years. Accordingly, this Program is focused on support for qualified,
benchmark projects during their initial stages. As defined by the focus of this Program, projects
which directly compete with existing projects, or that do not open new markets or that do not set
new higher project quality standards in the view of the CRA, may not receive maximum
consideration. The Program emphasizes the importance of benchmarking significant events
during the planning stages of each Project and keeping the CRA fully informed of a Project's
progress.
This Incentive Program also seeks to better the public elements in private development projects.
Therefore, projects are required to have "public amenity" elements, including but not limited to
architectural excellence, public art, public parking and community compatibility. These
incentives are designed to enhance projects that exceed the standard or minimum compliance
issues; therefore, applicants should present projects that truly establish new standards for
Boynton Beach.
APPLICATION TO THIS PROGRAM IS NO GUARANTEE OF FUNDING. FUNDING IS AT
THE SOLE DISCRETION OF THE CRA BOARD. PRIOR TAXABLE INCREMENT FUNDING
AGREEMENTS HAVE NO BEARING ON CURRENT APPLICATIONS OR PROJECTS. ALL
APPLlCA TlONS ARE CONSIDERED INDEPENDENTL Y.
City of Boynton Beach
Community Redevelopment Agency
Direct Incentive Program
-Revised 02128/2005
Page 2 of 13
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TABLE OF CONTENTS
I. PROJECT QUALIFYING GUIDELINES Page 5
II. PROGRAM SCORING ELEMENTS Page 7
III. INCENTIVE PROGRAM APPLICATION Page.g
IV. INCENTIVE PROGRAM APPLICATION PROCESSING Page 12
V. PROGRAM ADMINISTRATION Page 13
VI. MAP AND BOUNDRIES Page 18
VII. AFFORDABLE ACCESS SCORING GRAPH Page 21
VIII. INCOME GUIDELINES Page 22
IX. CO NT ACT INFORMATION Page 23
City of Boynton Beach
Community Redevelopment Agency
Direct Incentive Program
-Revised 02/28/2005
Page 3 of 13
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PROJECT QUALIFYING GUIDELINES
· The Project must be located in the City of Boynton Beach CRA Area as defined at the
time of application. The Applicant must be the person, corporation or entity receiving the
incentive funding, unless special circumstances are agreed to by the CRA Board. The
individual(s) presenting and executing the Application shall be the same individual(s)
who will execute the Agreement and must demonstrate and provide documentation of
their authority to act on behalf of the Applicant.
· All property taxes, fees and city/county liens owed by the Applicant must be paid and
current. Documentation of this must be submitted with the Application.
· The Project is required to be over $1,000,000 in projected ~ assessed taxable value
upon completion. However, projects in the Heart of Boynton area (as defined at the time
of application) need only exceed a threshold of $250,000 for consideration. For the
purpose of application qualifying, the new assessed value projection shall equal the
Project's projected appraised value (established by third party appraisal or feasibility
study), minus any projected homestead exemptions, multiplied by 90%, and subtracting
the current assessed value of the Project site. The value of any affordable housing units,
-if-dllY, shall Ge inoluded in the net asset value. (fh '"5 i j i" ~ oJfTJV~ h OR~t>~ )
· The Project type shall be a preferred use to qualify for incentives. Qualification for f~Od~
Project is based on its consistency with Redevelopment Plans, Design Guidelines and
its appropriateness within the overall neighborhood economic context. Consideration
will be given to the following uses:
1. Mixed Use Projects;
2. Hotels/Conference Centers;
3. Multi-story professional office-retail buildings (business and financial services);
4. Retail-only buildings with a minimum of four tenants;
5. Multi-family ownership units (Heart of Boynton area only);
6. Stand alone live/work configurations (rental or ownership) (Heart of Boynton area
only).
· Projects are required to have "public amenity" elements (required sidewalks, alleys,
utility rights-of-ways, items solely required for safety/emergency access and roads do
not qualify).
· The duration of the incentive shall be no longer than ten (10) years.
City of Boynton Beach
Community Redevelopment Agency
Direct Incentive Program
-Revised 02/28/2005
Page 4 of 13
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· The incentive will generally not exceed 50% of the eRA Tax Increment Financing (TIF)
revenue directly generated by the Project during the incentive period. The CRA Board, in
its discretion, may exceed the 50% limitation up to 90% of the generated TIF, or may
exceed the ten (10) year limitation by up to five (5) years, if, in the view of the Board, a
project will meet a significant need otherwise not being met, will serve as a catalyst for
other desired development, will be unique as to design or use so as to elevate the status
and stature of the City, or will otherwise provide extraordinary benefits to the CRA's
efforts to remove and/or prevent slum and blight conditions through development and
redevelopment.
· No incentive (in anyone year) shall exceed 75% of the new annual TIF revenue directly
generated from the Project for that year,
· Projects may be phased; however, each phase must meet program thresholds.
City of Boynton Beach
Community Redevelopment Agency
Direct Incentive Program
-Revised 02/28/2005
Page 5 of 13
C\Documents and Settings\mayalalLocal Settings\Temporary Internet Fiies\OLK48D\lncentive Program - Public Amenities 4-20-06.doc
PROGRAM ELEMENTS
· Project Location - Must be within the CRA area. Projects in the Heart of Boynton area
may receive additional consideration.
· Economic Feasibility
Economic Feasibility Studies are required, including projects located in the Heart of
Boynton area.
· Project Quality
1. Consideration shall be given , to: innovation, quality, and overall contribution to the
community.
2. Projects are required to have public amenity features. Aspects of consideration
include:
· Architectural excellence;
· Public parking, screening and surfaces;
Public spaces
· Public art beyond that required by City Code;
· Relocation, retention, creation of local businesses and consideration of local
residents' relocation or inclusion in the project;
· Business association creation for internal unity of operations to coordinate
with area activities;
· Transit support;
· Any other creative and beneficial public amenities or elements that the CRA
Board believes are worthy of incentive funding.
City of Boynton Beach
Community Redevelopment Agency
Direct Incentive Program
-Revised 02/2812005
Page60f13
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INCENTIVE PROGRAM APPLICATION REQUIREMENTS
The following information shall be compiled in a loose-leaf binder, tabbed and labeled to
correspond with the following section headings. This information package is the Program
Application. The Application shall be forwarded to the CRA Executive Director with a formal
"Letter of Request" containing a narrative of the Project and summarizing the highlights of each
of the following sections. The letter should be signed by the Applicant or authorized agent and
be accompanied by fifteen (15) sets of the completed Project Application, one (1) unbound
master and a digital file on CD.
Application Checklist:
· Applicant Information
1. Applicant (majority owner) name.
2. Listing of owners by ownership percentage.
3. Applicant address, phone number(s), fax and email address.
4. Contact person's name, title, and contact information.
5. Brief resume on the Applicant and Principals (Exhibit "A").
· Project Information
1. List of properties and their PCN numbers with the site survey showing each.
2. Current tax roll value(s), projected tax roll value (supported by Item 6), and projected
tax increment (see "Program Administration" for formula).
3. Project description (one page narrative):
· Type of Project - (Commercial, Residential, Mixed Use, etc., with square
footages of uses);
· Project location and site size;
. Zoning (Existing and Requested);
· Features - construction finishes & materials, colors and public amenities, etc.
4. The City's staff site plan approval memo with conditions if approved, as well as floor
plans, elevations, landscape, colored renderings, public amenities and special
features, etc. (Exhibit "B").
5. Project timetable with projected dates. If a Direct Incentive Funding Agreement is
entered into, a monthly report shall be required to be submitted to the CRA Executive
Director to correspond to the projected timetable. This requirement will be outlined in
detail within the Direct Incentive Funding Agreement.
6. Projected project value upon completion (Either A or B is required):
City of Boynton Beach
Community Redevelopmenl Agency
Direct Incentive Program
-Revised 02/28/2005
Page 7 of 13
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A. Feasibility study summary - The projected project value may be estimated by
a Project Feasibility Study, completed by an experienced third party firm. The
Study shall be based on market conditions, comparable projects, financing
and all factors affecting the development of a stand-alone project, without the
inclusion of incentives. Property value and inflation increases shall be no
greater than 3% annually. Supply a copy of the Project Feasibility Study's
Summary Conclusions, dated within the last six (6) months prior to the date
the application is filed.
B. MAl Appraisal Summary - The project's projected value upon completion
may be established by a State Certified MAl Appraiser, using standard
appraisal methodology. Supply a copy of the Appraisal's Summary
Conclusions dated within the last six (6) months prior to the date the
Application is filed.
7. Economic Feasibility Study -The Economic Feasibility Study must be completed
by an experienced third party firm. The analysis shall forecast the CRA and City's
economic impacts, specifically including CRA TIF revenue forecasting. Supply a copy of
the Study's Summary Conclusion dated within the last six (6) months prior to the date
the application is filed with the CRA office.
8. Public Amenity Features - Highlight the design features, placement, cost, etc., of
any elements to be considered. Include narratives or documents for FOA associations,
operating programs, maintenance, etc. The following elements should be addressed:
· Architectural excellence;
· Public parking, screening, surfaces;
· Public art beyond that required by City Code;
· Relocation, retention, creation of local businesses and consideration of local
residents;
· Non-profit partnerships;
· Business association creation for inlternal unity of operations to coordinate
with area activities,
· Transit support;
· Any other creative and beneficial public amenities or elements that the CRA
Board believes are worthy of incentive funding.
The request for incentives and application, if approved by the CRA Board, becomes an integral
component of the Incentive Agreement, including but not limited to other requested information
City of Boynton Beach
Community Redevelopment Agency
Direct Incentive Program
-Revised 02128/2005
Page 8 of 13
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from the CRA. Therefore, great care should be taken to seek the most accurate projections
possible for the Project.
9. Additional Incentive Funding Factors - If more than 50% of the CRA TIF revenue
directly generated by the Project for the incentive period is requested, or if TIF revenue is
requested for a period longer than ten (10) years, a justification statement with supporting data
and documentation must be provided.
City of Boynton Beach
Community Redevelopment Agency
Direct Incentive Program
-Revised 02/28/2005
Page 9 of 13
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INCENTIVE PROGRAM APPLICATION PROCESSING
· Project Applications shall be screened and reviewed by staff or a selected review
committee for completeness and sufficiency. Based upon financial information
submitted by the Applicant and other available financial information, a financial analysis
shall be conducted by the CRA staff which will be transmitted to and considered by the
CRA Board. The review period shall not exceed forty-five (45) days from the date of the
submittal of a completed Application. On or before the end of the 45-day period, staff
shall either forward the Application, their findings, comments and/or recommendations to
the CRA Board for consideration at the next regularly scheduled meeting, or request in
writing that the Applicant provide additional information. A copy of the staff or review
committee recommendation will be forwarded to the CRA Board and the City
Commission/City Manager.
· Upon presentation of the Application and recommendation to the CRA Board, the Board
shall approve, modify or reject the Application. The Applicant shall be notified in writing
as to the Board's decision within five (5) business days. If the Application is denied, the
Applicant may resubmit a revised Application for reconsideration. If the Board modifies
the Application, the Applicant shall have until the next regularly scheduled Board
meeting, or until such time as the Board directs, to accept or reject the proposed
modifications in writing or present further proposed modifications to the Board which
should also be proposed in writing prior to the Board meeting.
· Lobbying of the CRA Board, directly or indirectly, prior to staff's or review committee's
submission of its recommendation to the Board, will result in disqualification of the
Applicant from this Program.
PROGRAM ADMINISTRATION
If the CRA Board approves the Application, and once the required documents are completed
and executed, the program will be generally administered as outlined herein. Specific
performance requirements and guidelines will be contained in the Direct Incentive Funding
Agreement.
Establishing Projected TIF for Application Submittal:
The formula to calculate the projected potential TIF generated by a project shall be as follows:
City of Boynton Beach
Community Redevelopment Agency
Direct Incentive Program
-Revised 02128/2005
Page 10 of 13
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The tax value projected by either a MAl Appraisal or a certified third-party feasibility study (see
Application, Item 6), multiplied by 90% for adjustment for homestead exemption, tax roll
valuation, etc., multiplied by the current tax for the City of Boynton Beach and Palm Beach
County as of the date of Application. This total is the new projected tax revenue. Subtract the
new projected revenue from the tax revenue of the properties in the approved site plan as listed
on the official County Tax Appraiser's rolls for the year the application is accepted by the CRA.
The difference (TIF) is the new tax revenue generated by the project. This amount is multiplied
by 95% to generate the actual projected revenues to be received by the CRA. Note that this
formula and the TIF numbers are used only for projection in the Direct Incentive Program
Application under "Project Information - Item 2" and not exact incentive amounts. The Direct
Incentive Funding Agreement will include a disclaimer that the TIF calculations are used only for
projection and are not exact incentive amounts.
Establishing the Actual Project's New TIF Revenue Eligible for Incentive:
The Annual TIF Revenue eligible for the Direct Incentive Program shall be established by
subtracting the tax revenues received for the project property( s) in the year the application is
accepted from the actual new annual revenues received by the CRA in any given incentive year.
This new revenue increase (increment) is then multiplied by the Program's Incentive
Percentage. The Incentive is calculated each year based on actual tax revenues received.
Incentive Disbursement Schedule:
The incentive shall be normally disbursed in ten (10) annual installments after required actions,
as set forth in the Direct Incentive Funding Agreement, have been completed by the Applicant,
unless incentive funds are to be paid prior to Project Completion.
The Earned Incentives will be dispersed no later than April 1 st, of the year following the
corresponding tax year.
City 01 Boynton Beach
Community Redevelopment Agency
Direct Incentive Program
-Revised 02/28/2005
Page 11 0113
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Project Quality Elements:
Public amenities are defined as areas that have unrestricted public access for the life of the
Project. Physical improvements that may qualify are very broad to encourage project design
innovation. Specific items which will not be considered as contributing public areas are
sidewalks (10' wide or less), roads, utility rights of ways, alleyways and items solely required for
safety/emergency access.
Public amenity designation shall be clearly identified by the Applicant on the Project's Plan.
Their ultimate acceptance as qualified "Public Amenities" is solely at the discretion of the CRA
Board. The public area information will include an element narrative description, a proposed
structure for setting aside the area for the public use, area layout plan with square feet, cost
estimates for construction, maintenance programs (at no public cost), etc.
Public amenities must be set-aside by deed covenant, in Property Owners Association
Declarations and/or other legal documents acceptable to the CRA.
Art shall be defined as elements exceeding basic functionality, beyond the requirements as set
forth in the City Code, and that contribute to the public art experience.
Elements for project quality consideration may include, but are not limited to:
· Architectural excellence;
· Public spaces;
· Parking spaces, screening and surfaces;
· Public amenity package;
· Public art;
· Relocation, retention, creation of local businesses and consideration of existing tenants
and owners' relocation or inclusion in the project;
· Non-profit partnerships;
· Business association creation for internal unity of Operations to coordinate with area
activities,
· Transit support;
· Any other creative and beneficial elements that the CRA Board believes are worthy of
incentive funding.
City of Boynton Beach
Community Redevelopment Agency
Direct Incentive Program
-Revised 02/2812005
Page 12 of 13
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CRA CONTACT INFORMATION
CRA Director:
Address:
Office:
Fax:
E-Mail:
Hours:
Lisa Bright
639 E Ocean Ave, Suite 103
Boynton Beach, FL 33435
561-737-3256
561-737-3258
brightl@cLboynton-beach.fl.us
8:00 AM - 5:00 PM Monday - Friday
City of Boynton Beach
Community Redevelopment Agency
Direcllncentive Program
-Revised 02/28/2005
Page 13 of 13
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VIII. OLD BUSINESS:
D. PARKING DISCUSSION
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 into CRA Office Meetin!! Dates CRA Office
0 January 10, 2006 December 27,2005 (Noon.) 0 Ju]y ] ], 2006 June 27,2006 (Noon)
0 February ]4,2006 January 31, 2006 (Noon) 0 August 8, 2006 July 25, 2006 (Noon)
0 March 14,2006 February 28, 2006 (Noon) 0 September 12, 2006 August 29, 2006 (Noon)
0 April II, 2006 March 28, 2006 (Noon) D October] 0, 2006 September 26, 2006(Noon)
. May 9,2006 Apri] 25, 2006 (Noon) 0 November 14, 2006 October 31, 2006 (Noon)
0 June 13,2006 May 25, 2006 (Noon) D December 12, 2006 November 28, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Consent Agenda
o Director's Report
. Old Business
o New Business
o Legal
o Future Agenda Items
o Other Item
DATE:
May 4, 2006
SUBJECT SUMMARY PARAGRAPH:
eRA staff is seeking Board direction regarding analysis of downtown parking locations. Previously, staff provided
information on several potential public parking sites. Specifically at this time, staff is asking the board to define a
study area for possible public parking locations and whether or not to direct staff to conduct a more
comprehensive parking analysis which will include projected demand, walking distances, potential locations and
related land costs, etc.
Recent information gathered by staff regarding the construction cost of above-ground public parking include:
March 2006
May 2006
RECOMMENDATION:
Delray Beach 202 spaces
Ocean One
$7,128,769
$35,290 per space
$35,000 per space
Provide direction to staff.
FISCAL IMPACT/FUNDING SOURCE:
None.
ALTERNATIVES:
None.
<6<
I
CRA STAFF:
an L. Brooks
Planning Director
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 05 09
CRA Board Meeting\ParkingAnalysis.doc
The Concept of Shared Parking
Shared parking is the use of a parking space to serve two
or more individual land uses without conflict or encroach-
ment. The ability to share parking spaces is the result of two
conditions:
. variations in the accumulation of vehicles by hour,
by day, or by season at the individual land uses, and
. relationships among the land uses that result in visiting
multiple land uses on the same auto trip.
Although the ULI methodology for shared parking
analysis was developed in the early 1980s,' the concept of
shared parking was already well established: a fundamen-
tal principle of downtown planning from the earliest days of
the automobile has always been to share parking resources
rather than to allocate parking for each use or building. The
resurgence of many central cities resulting from the addi-
tion of vibrant residential, retail, restaurant, and entertain-
ment developments continues to rely heavily on shared
parking for economic viability In addition, mixed-use
~~. ..-E'
Introduction.
prOjects in many different settings have benefited from
shared parking.
Parking is a key element of any site development plan.
Parking can consume 50 percent or more of the building and
land area of a development. An oversupply of parking can
result in excess storm drainage impacts and unnecessarily high
expenses (surface stalls can cost $2,000 to $3,000 per space
and structured spaces $15,000 to $25,000 or more)
Insufficient parking can result in the intrusion of parking into
neighborhoods or adjoining properties, excessive vehicle circu-
lation, and unhappy users. Ultimately, great parking alone won't
make a mixed-use project successful; however, inadequate or
poorly designed parking can limit its potential success.
The key goal of shared parking analysis, then, IS to find the
balance between providing adequate parking to support a
development from a commercial viewpoint and minimizing
the negative aspects of excessive land area or resources
devoted to parking. Mixed-use developments that share
parking result in greater density, better pedestrian connec.
f
CENTEX
CONSTRUCTION
May 4, 2006
1.954.585.4000
1.954.585.4501
7901 SW 6th Court
Plantation, Fl33324
as 36475
. CGC 005623
Pryse Elam
Washington Real Estate Partners, LLC
639 East Ocean Avenue, Suite 406
Boynton Beach, Florida 33435
Reference: Ocean One
Dear Mr. Elam,
As requested and in order to inform you, and the CRA of our opinion of the cost per
space for the parking garage, Centex as reviewed the preliminary plans.
During the past couple of years, Centex has priced numerous projects having a parking
garage either within or beneath a structure (as opposed to a separate stand alone structure)
very similar the Ocean One development.
Based on our review and our experience, prices for the garage component have been
about $35,000 per space above ground and $55,000 per space below ground. However,
we continue to see increases in labor and material costs. A steady trend over the past
three years. Accordingly, we expect the cost per space will continue to rise in the
foreseeable future.
Please advise should you have any further questions or a need for additional information.
sz~
Kevin Ream
Vice President
CONSTRUCTION CONTRACT
Parking Garage @ Block 69
CO:\'TRACTOR:
CB Cl1n~lrUC[l1r\_ IrlL
.:' 25 I 1310 UI11 R (,(lcJ
P0Il1P;I1)(1 Bc':lch. FI ~~()hl)
O\\:'\ER:
B1(lch 77 Un e!opmenl Gr\IUp Ll C
5000 I Rn Dm e Su jft' i':;{)
Boca R;j[()[l F)-:;-:;4_-:;.~
(('illldll lell C\l/lqrUlll(l/l Bc'l\\c'c"Ji B)(lc~ ~- Dc'\c'lprlllt'/li Grnlq' LLC a/ld CB C,'Il:-,[rUc[\,r:. 1f1(
CONSTRl;CTIO~ CONTR~CT
Parking Garage @ BJock 69
This CONTRACT made this .8 't'L da) of P\.1.4{(C k. 2006 by and between Block n
De\elopment Group. LLC ("Ov,'ner") and CB Constructors. Inc. ("Contractor"),
Owner and ContractClr. in consideration of mutual co\enants herein contained. hereby agree as
follows:
ARTICLE 1
CONTRACT DOCtTJ\ffiNTS
"Contract Documents" consist of the following:
(a) This instrument ("Contract") mcluding the fo]JO\ving Exhibits attached to
Contract:
"General Conditions of the Contract for Construction"
Exhibit 1 "Contract Drawings"
Exhibit 2 "Schedule of Values"
Exhibit 3 "Construction Schedule"
Exhibit 4 "Commencement Date Acknowledgement"
Exhibit 5 "Qualifications and Exclusions"
Exhibit 6 ",-'\llowances"
(h) Dra\vings that are identified in Ex.hibit 1 to Contract: in addition, re\ised
drawings as may be further prepared from time to time. upon [he \\'rinen
approval of the parties hereto are hereafter referred to as "Revised Dnmings"
Drawings may sometimes be referred to herein as Contract Drawings. In the
t'\ent of an) cClntlicl( S) occurring between Drawings and Exhibit 5. the lerms of
Exhihit 5 shall gCl\ ern.
References In Cnntract to '(he ('(ll1lract". 'this C(ln!ract', l'r 'CO!1stnJCIIU/l C(,ntracI' shall he
deemed II' II1clude all Cl'fllracl Documents References !nlhls .:\greemem" (11' "the
r>~lri .~'-- (IE,r,!~<l (J HI\l\. k I'll:
I' '. '
1\,' i. ':c ('.i "
Hl.)l k I,l'
\'I'II,\ll Ill/ (''11 fil"II"ll Ed\\C'L'l' Hillel, -"" Dc\cll'I'IJ1t'I:i (<lIlli' I LC ~lllli (H ("11"1111(11'1' Ilh
rt'Cme!11 :.l1all It'le[ II' thl;.. 'Jl~lnJJJ1CIII" l\hlCil [, ,'l1l' I'! (;,IJ1!Iall DLILUl11eIHe 111,,''>( !'Ifr1l
Ihe Clinl1aCI dnd :111 iUt' :1:' II Iii ;i f1i1r1 I\! C(lI11rJCI :1'> II i1llachelJ II I (, )ll[rd~1 (If rCf,c;llni
herein. II ther"e I'> a1l\ l('11th,] bt'rllel'll ('(lntracl I'l C;enera! (1Illdll](\fl" :11111 iJ[I\ Illllel ,,1
((\!llraCI Document'-" the nrder )1 rrecedence shall he as !t,l!l'\I.'-
Document" shall he rated according Ii' the tC1IJcming prH)rJ1le,
a Highest Priorit}. Change Orders and Change Order DireclJI es
h. Second Priorit\. Contracrnr's Qualificatj(ins/ Clarificaliom, Exhibil"
c Third Priurif\ Addenda with later date ha\1ng rriorit}
d Fourth Priorit\. The Agreement
e. Fifth Pnoritv (~eneral Conditions for lhe Agreement as modified b} hoth panie"
L Sixth Priority Dra\\lIlgs per the pJam exhibit. with detailed drawinQs rakmg
rrecedence o\'er smaller scale plans.
ARTICLE 2
'" ORK
C()ntraCl?l('~all perform all v... ork r.equired D} and in acC(~rdance with Co~tract Document" [ll
comtruct\202j Parkmg Spaces ldentrfied for purposes of Contract as Parkmg Garage at Blocl\
69 ("Proje'tV\ All materials to he furnished ami labor and work to be performed and
completed hy Contractor, as required in Contract Documents. are herein collectivel) referred
to as ("Work"). Furthermore prior to the Contractor accepting plam from the Architect o[
Owner all revisions shall be individually clouded and a separate narrative provided outlining all
changes from the pre\iously accepted plans
ARTICLE 3
TIME OF COl\11\IENCEJ\1ENJ AND COl\1PLETIOJ\
1. Commencemern Contractor agrees that \Vork un DuiJdmg constnlction \\'111 COITInlenCe
thin) (30) days from the date or issuance of Building Permits, upon recordation of Notice (It
CClf11mencement. upon Owner prcwiding ContraCTOr IIJih \Hitlen nidence ()f ha\ ing entered
into a completed construction 10:tn agreement \I'jth a lender or other funding source indicatm~
that the construction costs (If the projecl are full} funded. upon Contractor's suhmittal clf
Payment and Performance Bond: ill a forlTl acceptahle to Lender. If an}. or upon C(intraclUr ,
rect'lpt elf al] final Contract Dra\\ Il1gs. \Ihiche\ er is latest Such date is hereinafter referred /()
dS C()l11mencement Odtc and ((lntr3CII\r and OI\I1Cr II Ii] execute "Connncnu.'l11enl Dak
,~\ckne\\lledgemeIll" tnr1ll attached :h F\l1ihi! 4 Il1dlCttlm' ('(\Illn]en~'el1lellt D(jle
) CQll1PJetl1\Il \\ IHt.. <;h:liJ lit' !)nl:.eclllt'd 111111 :111 Litle dliJQ/:'me 111 Cll'C()rc!ilJlLe \lllll
CI'[]:'lll1cti,l!l Schedule :1I1:lll1e,1 dC, t\hibll ; :lncll1/ht'l \\lll~ and ,'tilt'! '-cheduled ,llf,QIIILIl\lll
f ) ~: r I
{ 1;: ll,--' C' ;,' ~,\. \ < 1- r
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C(\illldel 1<\1 CClJl"lIUctIC))] Bel\\t't:Jl B/llck -c-, Dnt:lllpllltlll GWlIfl. LIC and CB Cl\fJ'.tnlL'I(\I'. [IlL
~11(111 he Substantial I: CClInpJeleLi. as defined in Article 10 hereof and Exhibil ::; hereL'J. \\ith all
\\'( \rj( I(,r PrC1]t'ct [(1 be c()1l1pk1ed 110 laler 1han 10 5 momh" from Cl,mmencement Dale.
SUbjt:'CI tel 311\ EXtension! S I required for L1n3\ oidat,le Deja: s (as defineci in Paragraph 6 (If
Gel~eral Comiitio!1SJ ("Date" llr "Dales for Com~']etion"). Time is of the essence in this
Contract.
,;. Liquidated Dama!2'es. Cnntractor understands thaI time is of the essence in the
performance of Work. If Contractor fails 10 complete \\'ork by the agreed upon Date(s) for
Completion specified in this Article :3. subject to any extension for llnavoidable Del.ays as
specified in paragraph 6 of General Conditions. Contractor shall pay as liquidated damages
felr such delay to O\\'ner an amount equal to 51.000,00 dollars ($1.000.00) for each
working day of deJay. until the date of completion. ("Liquidated Damages"). Date or
Dates for Completion are defined to he the earliest date of issuance of a certificate of
substantial completion. issuance of temporary Certificate of Occupancy or Certificate of
Completion as issued by the appropriate local jurisdiction. the date of which the project is
first available for use by Owner. or the date Contractor has completed all items within its
control necessary for the issuance of a Cenificate of Occupancy. Certificate of Completion
or other Work required for Owner's use of the Project. Liquidated Damages shall not
exceed 25 % of the contractor's fee.
ARTICLE 4
CONTR;\CTSV1\1
I. For performance and completion of Work, Contractor shall be paid Seven Million
(' One Hundred',,}\vemy Eight Thousand Seven Hundred Sixty Nine and oonoo Dollars.
($7.128.769.0m>'~"Contract Sum") and Contractor will accept such Contract Sum as payment
in full for \Vork ~ defined in C<mtract. provided however, if Contract Sum shall be expressly
revised pursuant to the provision hereof. Contract Sum shall thereafter mean Contract Sum as
so rn ised. Additions by Change Order to the Project will be charged at the Contractor's cost
pJu~ 10% to cover profit. overhead and general conditions. Bond premiums of J % and
insurances of 1.375% shall be in addition to the 10% fee. If such change order requires a
decrease in the Contract Sum or a credit to Contractor or am alternate item, then the decrease
shall be equal only to the Contractor's actual cost.
I Allnwances included in COl1lract Sum are allowances felr items listed in Exhibit 7. Am
alIO\'ance items can be removed from Contract Sum and scope and provided by Owner. at
0\\ Jler' s option. subjecI to Contractor's receipt of an extension of Contract Time for any
delay s associated with Owner's furnishing such items. Alln\\ance items where any amount is
not utilized during the course l,f Contract a deducti\e Change Order shall be given bacj( 1(1
O\\ner In Ihe e\ elll an allcl\\ ]nee line item requires additional funds. ten percent (1 () c:; I
C(lfl(raCWr fee \\111 he added w such additional funds
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!he )laJlIt''' lel()g11l7C Ih;11 ~1['JLIn~ li'l lilt lillle\1I l1J~ L:l!cgelrit' 1\1 maltrl]], ]' l UITt'1l1 h
I i'lallk :Illd "uhject T\I :;ignifiC:Jlil II1crta~e." qecl. ,',lnLlf'le LCrnell1. l:tq milL Lllppt'l
dnl\all. P\C or aluminum (',II1lraCl!'! ,:-halluse l'e~1 df,)n~ 11\ ]oc~ d,1\\llthe )'IlCe, I'f the
ab!l\ e r1latenab ;1' :-il()n a\ pOc,c,!hk and he':-l 1:.'11'(111' IiI ;n (lld Cc,lalalic)[l clau"e" II ilhin JI'
c,uhc:untracl"
The Cnntract Sum shall he equitahJ~ adjusted h,': the change ()rder rnlces" when there lS 3 "Pnc:e
increase" in the categor.\ of steel. concrete. cement. copper. drywall. P\'C nr aluminum.
manufactured items. petroleum related prodUCTS or transportation h.\ lIse of the funds allocated III
the EscalatIon/General Construction Plans Contmgenc,': :\.110\\ ance as listed 111 Exhibit fl.
ARTICLE 5
OWNER REPRESEl\'TA TIYE
Owner has designated Bruce .lan is and William \1orns te) mspect the Work and administer the
Contract ()ll its hehalf ("Owner Representative") Owner Rqlresentative is authorized 10
perform all functions of Owner On n(ltice to Contractor. Owner m3.\ designate one or mc're'
addiTional ()1 other persons To assist Ch\ner Representative In rerforming s()me or all (lj It~
functions and duties hereunder. or may designate another per.~()n to he ()wner Representati\e 1ll
I ieu of Ihe person previousJ) desi,lmated
ARTICLE 6
ARCHlTECTl'RAL A1'Il) ENGINEERING
1. Architecrur..<u. The huilding Drawings have heen prepared by Perez Design. Jnc Such
firm (or any other person or firm designated by Owner to perfoIl11 Architect's responsibiJ ities
and functions hereunder) is hereinafter referred to as "Architect'. Am communicatIOn
required of Architect. will I~rst be coordinated with Owner Representatiw.
J Engineering. Civil Drawings h3\e heen prepared hy ('aulfield v..;heeJer, J\lechanical.
Electrical anel Plumbmg Dr3wiJl2':- ha\ e been prepared hy Jnternatinnal COJlsu]tmg Engineers
JIlC Structural Dra\\mgs han' been rrepared hy McCanh~ and i^\ssociates. Such firm (or am
orher person or film designated I,,': Owner to perform Engllleer's responsibilities and functJoll'
hereunden is hereinafter referred to as "Engineer" '\11\ cIHT1munication required ld
Engmen" \\ ilJ firS! be coordinated \\ith ()wner Represemat!\ c
A.RTJ CLE 7
H,ESPO:\'SIBrIUTY OF CO:,\'TRACTOR l''\DER Fi'\-\:'\'C!'\G nOfT\U:-::'\TS
Fln:inc1l1g 11',[ \\'llr~ f:1' \1t'1l d~ ct'rt,llll \llhel t'\pt'll,e~ f"1 I'rrllt'cll I~ III be 1'1\'\ !dt'cJ b\
-'\lllSc\lIth Rdn~ ;Imi KnHank ( I t'lldnr'!' I ]'llr'U,IIJl 11.' lL'll:llli flll~lllllllg I),)LUI1lt'JlI'
("f'lfldIlLll1lo' D"lUfllelll', i !)J;ll \\111 I't' L'\t'Lllkd ("111Idlll.'l he!' IL'\ll'\\c'd FIll;111L'llllo'
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C(\IlI::Jll Il): Cl':l~I:Ul'[I('n I-kl\\L't'll BIc'lh. -,- Dc'\C'iU)'Illt':ll C:Oll[I, LLC Jlld CB Cl'll~[nlclllrl. ilk
[)OLLJl1lc'Il1~ [lc'rtaJnJn!2 Il' rc'k\ ~jIl1 prC1\ iSJ"m ('1 CC'nlr:tcl and a~rees tll 1'1\1\ Ide Lender
31'propriare response and c(l\'peLltillll as rea5nnahJ~ required fc'r financing (If \\'()rk
Financing DocumeIl15 pro\'ide thaI 3 construction consultanL 10 be named, \\ ill be obsening
prc)gress of Wc,rk c.n behalf (.f Lender ("Comtruction CClmultant"). Howe\ er. clbseT\ation hy
Construclilln C(lmultallt shall ill no way relie\ e Contractor l.f its duty ll' perform \Vork in
3ccordance \\ith CC'\Dtract Documents. Further. C\'Ilstruction CCIJ15ultant shall (I\\e no duties 10
COnlract(lr or its Suhc(lntractors in cOfmection with its observatiom of \Vork.
Contractor agrees that in the e\ent of default by Owner under Financing Documents. and
Lender elects to complete construction of ProjecT. Contractor will continue to perform all its
obligations hereunder. provided that Lender (or its designee). v,jth no materjal delay during the
transition. performs O\\'ner's ob!igations hereunder. including without limitation. payment for
all Work performed by Contractor prior to Owner's default and for al1 work thereafter.
Cant ractor agrees that all lien rights of Contractor are subordinate to Financ ing Documents.
Owner. Lender. Construction Consultant. and agents and representatives shall have the right
after reasonable notice to contractor: (i) of free entry and access to Project and to aU sites away
from Project \vhere materials that are to be incorporated into Project are stored : (ii) at
Owner's expense, to observe all \\lork. labor performed and materials furnished for use in
Project: (iii) to directly contact or otherwjse communicate with Contractor and other claimant
to \eri~ an) matters disclosed in any payment Requisition submitted to Lender.
ARTICLE 8
TESTING. SCRVEYS. INSPECTIONS Al\TJ> PERl\l1TS
OW'Her shall pay for cost of concrete resting and soils testing, Owner shall provide to
Contractor. al no cost. boundar) sun'ey and benchmark. and threshold/special inspections. if
required. Owner shall he responsible for an utility fees including without limitation. connection
fees. meter deposits. water and any impact fees for roads. parks. schools. law enforcement.
easements and legal descriptions; posting surety bond for paving. drainage. water and sew'er
radon gas. general building permjt fees, sitework and paving fees, Certificate of Occupancy
fees, Builder's Risk Insurance. Builders Risk Deductihles and cosr for Performance Bond and
Labor and Material Payment Bond, Contractor shan pay for suneying (building corner layout.
building form board surw) or foundation suneys, building tie in suney). Contractor shan
pay fnr City permit fees cw;tnmarily charged to Subcontractors providing electrical.
mechanical. plumbing. fencing 11' landscape and irrigation are included in this agreement and
their permil fees are nl)1 included in the General Building Permit. then those permit fees are
included
ARTICLE 9
STORED !\lA TERI ALS
Sl()rc'd \bleriah t t:l1der ~IS:l Ll 'lldill()ll 1(1 II" c'-( 'menl \I, :lll\ di"hlrsenlcnf reqUt'''1 relalIng t\'1
\]('lni ~LiltTI"I~ 1/1;)\ rcqUlrl' lhal C('ntr;KI('r 'lIJ'jl!\ lender \\ ilh lilt' (,,11(\\\ ing'
, ',:'] '~ (!,', _ I. 1',' 1-; \, I i ,\
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ill r,!t_i )\_'1 ( 1,1] ~,1;lii..1J(ql H~ \\i.~l':i il,,_k --, !)C\cillf'Jllt'll! (,[\qj!', L 1.( ,:rlli (H { 11).'I;il\._1('1" Ilh
1:11
FI ,deTlLic'.alIq:IL'j.lr\ 1" L emkJ Ilnl '\!nreli r\1:Jteflal~ reljUt'c,It'd :11'('
1lll'ludL'ci II ilhlfl L()I t'J:I",C "t Iwuralll e pll/lciec. requlrt'd b\ Ihe 1,1:111
dQreemenr ,
il, )
.; ceI11fiune "ali~facton tCl Lender fnl!1l seller or fabncall1J 01 Stored
1\131erials Ih31 upon pa) men!. o\\ner"hIp of SlOred \1aterials \1 ill \e<,1 III
01\ ner free of ljen~ and llaims (If lhmi paI1ie~.
(C I
F\'idence'.alisfacror\ lCi Lender Ihat SlOred l\lalerials are "lored (il1
PropeI1) WI more Ihan fOIl) - five i 4.')) days and are adequate!) protected
frnm then ami damage: and.
(d)
.'\ monthl) im enror) oj all Stored Materials on site must be pro\ideli tu
Owner b\ COJ1lracJ(lr. which will accurate!\ reflect materials "tored and
its declared value
ARTICLE 10
PROGRESS PA YJ\1E~'TS. CO!\IPLETION
I, Schedule of V_alues COnIracror will submit to and ha\e approved by Owner. Lender
and Architect. a Schedule of Values of \ariollS pOIlioTlS of Work aggregating Contract Sum
from Schedule of Values. which !~ attached hereto as Exhibll 2 The Schedule nf Values shall
be used only as oasis Jor progres, payments and shall not be considered as a basis for reducmC'.
or increasing Contract Sum,
If requested by Owner. Contracrclr wi]! ad\ise Owner and Lender of name nf each person.
corporaticlI1 ur other entity. which has a cnntract or suhcontract under \vhich payment may be
required for an) work done. materia] supplied or senices furnished in connection with
C\lI1tracI. Owner shall have the right \If reasonable disappro\'3l of an~ Subcontractor
Contractor will also maintain at job site (1 cClpy of each contract or purchase l)[der for revie\\
and copying b) (1wner and Lender upon request Contractor will keep Owner and Lender
ad\Ised at all tImes of names of Subcontractors. and of t) pI." lif \Vork. material or servict''-.
co\ercd h~ each respecti\t' SUbCl1l1tfacl In rhe e\ent Owner chn\lses to exercis\" its right Ilt
disappnwal of a suhcontraC!\)L and such disappnwal result,- in an increase III the subcontract
lUs! to Contractor. the C\'ntract Sum shall be <ldjuSled !l) an amount equal t\l sllch Illcrease
I I~an]aLPa\J.nents In accllrdance \\ nh prclcedurcs set 1nnh helm, III Sectl\l!l' Ilj [hi'
AnlL Ie 10. C(i!llraCwr shall be \'I1lilled [(I partial 1'<1\ I11en[~ (In (lCC(IUnl nf CC1ntracl Sum n,ll
Il1lirl' freqllent" rhall Il1I\I1l111\ lICk\,- "ther\1 I,-e (l~reed III 1\ rltlng In an am\lul11 equal j() I ()l:i I
l,f
1:11 rile' \:lIUt' I:J~ clt'ltTTl1Int:'cJ III :lllllrd:llllt' I1I11I Slllt'dulc' 111 \:llut:'\I. ill Iht:' Il(lr!l\lI1S III
\\ (Ilk ll\Il1I'leltLl dlld :iCCt'f'I;d11c 11\ (hllit'1 \rl hllt'e! LeIldt'l f 11C'.lllt't.'1 :11111
f', Ii '1_ (1
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C(l!JqrUlli,ln C'1l5U]l:mt (( 'r pUQ1(15t'5 (ll ~ulh PZ1: l1lt'lll. "haJ] he 511b]t'lt 111 relall1a~t' a'
III 11(1\\5:
Each disbursement shall be subject 1(1 J hold bacK (If len percent {10C:,( I ()f Ihe aml111nt
(,f all C()5ts incurred in \\ork through lhe dale \\hereby fifty percent (,';0% ) of CCintracr
Sum has been paid. whereupon fifty percent (50 % 1 of retainage held 10 date shall he
paid 10 C(lDtractor within Progress Payment Schedule less and except an) sums then
n\\ed or credited to Owner and agreed 10 by in \Hiting by Contractor. Retainage shall
then be file percent (5 %) on the balance of the construction draws.
I b) Partial payment5 shall c(lnstitute advances against Cnntract Sum until final payment IS
made and accepted. No partial payment made nor approval of a partial payment, shall
constitute an acceptance of any \Vork not in accordance with Contract Documents
unless otherwise agreed in writing
(c) Contractor shall provide with each application for payment such documentation as
Lender and Ovmer shall require along with evidence of proper application and payment
10 each Subcontractor and Vendor of all past Disbursements. including without
limitation. a partial waiver of lien and claims. from Contractor and each Subcontractor
and Vendor. covering the full amount of all past Dishursements for direct construction
costs through the date of such previous disbursemenl.
3 Requisition and Pavmenl.
(a) Subject to the terms of Financing Documents. Contractor may make applications for
periodic progress pay'mems by submining to Owner hefore the twenty-fifth (25th) day of
each month (buI nOI more often than once a month) an itemized application for payment
( "Requisition") for those items properly payable under Section 2 of this Article ] 0_
Each Requisition shall be payable on Lender's customary fom1S and accompanied hy
the previous month mechanic's and/or materialman's lien waivers. Owner. v"ithin five
(5) business days after receipt of Requisition. will issue a Certificate for Payment.
countersigned by Owner to Contractor for such amount (if any) as Lender or
ConstIlJctiol1 ConsulIant. Architect and Owner determine to be properly due. or to stale
111 writing the reasons for withholding a Cenificate for Payment. Owner will disburse
payment 10 Contractor \\j[hin fifteen (151 business days from date of mUlua] acceplance
of Certific31e for Payment It is intended that. if there is a mutual acceptance of the
Cenificale of Payment. Lender will make disbursement by wire transfer funding
direcIly 10 Contractnr on or aboul the fifteenth (15) day of each mnnth pn_,vided
C\lntraCl0J makes applicali(ll1 on a timel) ha5is
C'\lJllrJClnJ Ilin als() hlrnish such \Hhl'] supponing c\ idence. including. bur nut limited
11)_ ele\atllll1 Ct'!1ificales ;1" may he requeSTed 1') O\ll1er OJ Lender tl) establl~h l'C1S! nf
\ alue of lIllpn1\'Cl1lents and equipmt'Ill tCIJ \\ hll'h Dis['llr<,emeIll<, are l(1 ['C and halE' l'ecl1
ll1;j (Ie
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Ill, \cllhcr\rch]ICtl 1]1,lf (1\\ Ilt'J ,h;1I1 llhjell I, I ;111 Ill'Ill reljui'II J()]]Cl1 j,'1 jumj1l1~ :illti
fhtTelc1IC 11\' \\ llhlw)cJil1~ 11j Ihe h1lldlll~ \11 .'lIl h Ilelll ,,' lequ]~][J(1Jlcd ,hall he
l'c'rrnJlled unle~'saf1]E',hal] rWI h;I\E' heell !lI(ll'er)) leLjuE'Qed under COn1J;ll i
Dncumenr' ,1r ]s tcn a pOni(l!l I,j \\'(1rk \\h]ch ha, !Jilf been performed in accoruJTIlt
\\ ith Contract Documents Ccmllacw!'. UP()Il dell\en (11' ;1I1) 11bjectic1n w Requisillli]]
shall he ~irm!ltaneousl) informed in \\Titl!l~ i1f the hasis and le3<;on tor the ohjectJt1n
The amOUI1l \\ilhheJd ~h;ill Ili11 exceed !he actual \ alue p1m 1]\ erhead and profit ill thai
portIon ot the work. m31eriah, equipmenl. (ir supplies actuall) (1hjecteci to ami further
]n Il(l e\ em shall the \\lthhoJding e)f pa) lllClll I,f am llem iir portion t.hereo1
requi~iliuned he deemed the hasis for the \\llhhoIJIll~ oj payment ilf any llther ponil1n
lif Requisili(IJL the halallce (If which shall he due and payahle iin Ihe Payment Date
Contractor. after receipt of such objection to funding. shall ha\e up 10 seven ("; I
working days prior 10 Payment Dale for the cure of (lilY notice of \\ithlleld item and if
SiI cured sLlch Item shall he paid on Payment Date or if such oh]ection i~ not (hen cured
sald item may he requisitioned the f01l0\\lIlg mollth. In the event Owner fails to make
timely payment pursuant [0 the terms of this Agreement, CllJ1tractor shall be entitled 1(\
compensable extension of CIIntract time f~'r each day pa) ment is late.
4. Title'. Contractor wan'ants and guarantees that title to all \VorL materials and
equipment cmered by a Requisition whether incorporated 1Il Project or IWI. will pass to Owner
UPi1n receipt of currently due [1;1) ment by Contractor. free and clear of all liens. claims (II
encumbrances: and that no Work materials or equipment c()'ered h) a Requisition ",ill have
been aequlI-ed b) Contract'1r: or by any other person performing Work at the site or furnishing
materials and equipment f()r Proiecl. subject tCl any \\ rinen agreement properly authorized b)
Owner under which an interest Iherein or an encumbrance thereon is retained by the seUer ()j
utherwise (including retainagei Imposed hy Contractor o[ such l)ther person. Owner
acknowledg.es that i[ does not acquire litle to Contractc)r'~ lools and equipmenl. \\ hich are [1\11
10 be incOll)Orateci in \Vc1rk f\Jothing herein \l'ajve~ Contractllr'~ rig.ht to lien f()J Jl(lIl-paymem
5 Certificate_(~L~ubstantia]Comj)Jetjon \\'hen Contractor delennines that the work I'
substantiall) complete. Owner. /\rchitecl. Engineer and Lender shall be advised b\ Contractu!
such work is read) for the Punch List procedure a~ outlined In Exhihit (> attached hereto. It
O\\ner. Architect, Engineer and Lender. on the baSIS ()f a I'ield obsen ation determine that
~uch \\'ork i~ substantially complete. Architect. on direcllOn of Owner will then prepare d
CenJ1lcate of Substantial Compietiii!1 and shall fix the time within which Contractor shall
cl,mpJete Punch LI~t or other itcm~ of respoIlsJbilit) llsled thereIll Certiflcate of Suhstantial
C(lJllpleliC1!l ~hall be\ubrnitteci lil Owner illld C()ntrae{Cl! tm \\ riflen iJCCeptance oj Ihe
resromihilitles il~~]E!ned I() them in ,uch CeI1lflcate (It SubstantIal C()mpletl(1n mejuded \\!thIIl
rhese \\ nttell respi1nslbilltie~ \\111 11e C\1J1(raC1l1j prC1\ldI[lg t(l Owner and I ender [he tc,lkl\\ Ill"
\\ithlIl il lea~(!nal)k [ierilic! I]! lime after the j"ILl1IiC 11 IIle (IT]lfiC:llL' \11 Sllhst;mtLJ]
('11111j'let 1\ 111'
lei! '\ Perllleinnn (cTtI1llale 11 <)c,'UI)iillC\ f,\r lilt' Pr\'lt'CI ,11 d Tt'lll[l"ld!,\ ((nl1l~d[C ill
( ) l U If < ill L \ I I ! 111 <111 g h 11,' ':ill II l if [ :1 c k \ I :Il. I J I if: "I ( ,\ III 1:1 L I ,1) : I P L' I Ill: Illl' n [ ( t' n Ii] L a I L I :
(hUif\111\\ L,IIIIII)I !iC 1\[>[.1111l'll
i',
l-'lflilJLl tl\) Cil:1\lIUCI]'11l Bel\\ci.''!' 8111c~ -- Dt\c:lclr'I11l'1l1 (~I('\Ur. LLC ~lllcl CB C'\Il\lIUl!ll)" IllL
I h I Engmecr~ Certificale that tht' ~Ite\\ l)rl-.: pC1J1il1n lit \\'(Irl\ ha5 bt't'n (llIl1pleteli III
e1L'cordance with requirements herelcl ami has been aClepIed t>~ all go\ernmel1laJ
aUlhorities ha\ing jurisdiction.
((I ContraclC\r's affida\it pursuant [0 Florida Statues 713.06(.3)(cl and 713.06(3)(d) that all
lienors under its dired contracI ha\e been paid in full pursuant W the terms 11f their
subcontractors for all amounts paid iO date b~ Owner for such \\'(lrk. and appropriate
evidence. having been provided confirming there are no claims or liens llf
underpayment to laborer~ or mechanics,
6. Certificate of Completi()n~ Final Payment. \\'hen Work is ready fl,r final inspection
and acceptance and upon receipt of a final Requisition. Owner. Architect and Lender will
promptly make such inspection and. if they find Work acceptable under Contract Documents
and Contract fully performed. and if the conditions set forth in (a) through (h) below ha\'e been
fulfilled. ArchitecL will issue a Certificate of Final Completion, \vhich shall be counter-signed
hy Owner and Lender. stating lhat on the basis of field obsenations and inspections Work has
heen completed in accordance with the terms and conditions of Contract Documents and that
the entire balance found 10 be due Contractor. and noted in said final CeI1ificate, is due and
payable. The final balance due Contractor under Contract shall be payable to Contractor by
Owner. as Final Payment hereunder. within thirty (30) days after delivery of Certificate of
Final Completion. If at time o[Final PaymenL any punch list items remain, that portion of the
retainage equal to one and one-half (] ] /2) times the value of the outstanding punch list items.
as reasonably determined by Architect. will be held in an escrow account and the remaining
balance. if any. of the retainage will be paid mer immediately to Contractor. If a Change
Order shall require additional 'vVork beyond the thirty (30) day period specified above, then
completion of such Change Order shall not delay payment of the retainage except that the
ponion of the price of such Change Order allocable to the value of \Vork remaining with
respect to such Change Order shall not be paid until completion thereof.
(al Lender and Owner shall have received and apprmed Contractor's Final Affidavit in
confl1m1ity \\ith Section 713 06(3)( d), Florida Statutes. as required above.
(b) All claims and liens that may hale been recorded ()r notice thereof sened on Lender
and Owner shall ha\e tither been paid in full and released or Contractor shall ha\e
posted a suret~ bond sufficient 10 discharge same.
(e) Cnmraclor shall 11;1\e deli, ered or caused to be deli\ ered II) Owner a reproducible seT
of "As-Bl]]l[" Contract Dre)\\ ings. maintenance and operating instructions. as well as
fi\ e (.:') copies (If signed ;il1li "ea]ed "As-Built" "un e~. :md final reproducil,le sune~ .
I cJ I Lender and 0\\ ner shall h;1\ e recei\ eJ appropriate approvals from (,'\) all gCI\ernmemal
,ILlIhoritJt''- regardmg cl\rnpleIioTl ()f Project. which apprc1\als shall he evidenced by an
Jrre\\lLal'k ,'enificalc (('I' 11Ll'Up;1JlL\ Ihnenf wlhe eXleI1l such ap1'1'(1\::]1 is J L'(lndiIillTl
111 LI\\ful USt' and (1L(lIr);IT1l:~ (11 Pl,!1iell. (81 k'((j] h)(Ird 1\1 rire unden\rilel" (\r it"
r', 'i j ,'_ (),.' ,-t. " hi,), 1- II
/),::-! !I._ (~~; ,,~( r-)If'~ t, I,t)
I 'lili ,II. i !ll!
III, :1<'11 Be'! II [,'" HI\ 'I i,
I)'~'\c)()r)rl l-i: (Ji\I:) t Je ,il]ll (r~ (llIJ,jrl,'~ll\;'< {Ill
t',jUI\ :ilt'nl ,llld Ie 1:, l>lhl'l ,-,,'\ cTlllllclll:iI ::11111<111[1(.." i);l\ 111'-'lurl,-dILlli)11 \ \1
LlIIllt'Illf1laIt'li U5-t'''. ,1I'Cl:III(111 ;1lld (1CCUpafll\ (11 PII\It'll. \1) 11l('fllr;KI(l1 !la." CilmJ'klt'd
all (11 1(\ \1 ()I~ llt'lt'5san f(l[\llch ;lrpn1\ ;tI~ l'r\l\ Ilk(i "llCh :11'1')\\\ :i1, canIlel! be Il!itaillt'll
j II r re(15-(\]l" t'f\ \lfl(j lCl1l1 ):Kt (11' \ L\ ll1ln \ I
lei Projell ~hall ha\e been completed III ;Jccllrdance \\Jlh COllIract D(1cuments and all Ie."<] I
requIrement5-. and Owner shall ]};1\ e recei\ ed ami furnished hl Lender aI Owner,
expense, a standard AlA foml oj CerTificate of Suhstantial Completion. sIgned h\
Project Architecr. cenifying thaI ProjecT has been substamia]l~ completed in a good and
\\nrkmanltke manner and jfl accordance with Contr(1ct Drawin~s
(I) Chner shall ha\e \ubmitted to Lender copies (1f all Contract Documents. permits, and
licenses, and all insurance policies or certificate~ reqUIred under Section X, to the extenl
not pre\iously del i\ ered to Lender.
ARTICLE J]
\IECHA.N1CS LIENS A1\']) CLAIMS
ContractUI' shall use it~ heSl dfnrts [0 pre\ent liens being filed against Pro,jec! It am
mechanic's lien or other claim shall be filed or maintained agaimt the project or other \Vork ()]
imprC1\emel1l~ comprising Projel,T or real estate appunenanI thereto fOI or l1n account of V",'ork.
within ten (10) da\s after receipt (If notice thai allY such lien ur claim is filed (but in any e\el11
prior to payment of next Requi~ [tion) Contractor sha] I j(lnh\\ ith discharge such] ien or claim I Jf
I)IherWlse make pnl\ision smisf:1Cl(lr) to Owner and lender for it~ ~atisfaction as penllitted 11\
1([\\, provided lw\\'e\er. that (un/raclOr ha5- no responsibility WIth respect to liens filed as
result ()f acb ur omissions of Owner or non-payment h\ Ownel pursuant to the terms ami
conditlons of Contract
ARTICLE 12
\" A RRANTIES AND GF4..RANTIES
Contractur guarantees that all materials and equipment i1lrnished h\ It wil] be nt'\\, that all
\\(irk performed and all mareriai~ and equipment flIrnisbed h) Contrac!o] \\ill he (If fIrst-c]as,
qualiT\. free from faults and defects and \\ ill conform tCl CI'IllraC! DOcllment~ as to kind.
qual it) funuiOll, design am! characteristics of materials and \\\lrkmanship specified
pn'\ ided. hown n. Cr,nlrauul Illal--:es Ill) \\arrant) with respecl 1(1 appliances (lr equipmem
(excef't t,lr install:lllClnJ !(l the nlt'nt (j IHlllen manufacturer\ \\arraIH) f(il sLlch appliances and
cqulj,mcnt IS 1'10\ Ided h\ lllallU :acIurcr. and which Contrac!clr ass]~n5 and deliver5- 10 Owner
J\L'epl :1' !'[\1\lded 11!-H1\C. Corlr:KI,)r ~hall rTl1ll)\e. repl:JCt. and repclil Jt iI" "nlc C(lq :Illd
e\pen\e. :tll defell" III 1.1[ [(I \\ Illk \)U.1I1TIIH2 \\ nlllll \1]11_' \t'(11 1111111 ddtt' (\1 CertIlil';J1C 111
Ck'dll'dnC\ jnf {ht' PniltT1. IIKludll1[, \\ll!li1111 IlllllliHI\lll. ,111\ l'I'rtll'll 1,1 \\(ilk furl1lshed 111
f'l'll\lIIlled 1'1 ;l!l\ Sut'lllJ1Ir;il.':I\! 1111'11 SlIl'l'i11l1rllC!liJ 1'1 'llppllt'r ,'1 ,j Su]1C(\lllr:-:lC[(11I
C 111[1';ll{,'1 'hdlllt'I'1I11 [(:'I,I:ll'l' "1 'lhl'I\\j,-c' ('llle ':Ild delnllll\llalt'l th,m [\11' (21 \\eel--:, :111e'l
It'ct'Ij'1 \if ,[ 11\)illl' tl\'1ll 1)\\[k'l 1(1) iI~ :l'-'cllll de'clil'l1lc' ,kket '! II \:I](j lkft-ll L;lJlIl(\[ he
j I' , (I
I';" ,I "
1-;' '\' I
ClIIllrjll rCII C\IIl'lrUC[lill1 BcI\\l'Cn Rinck ;- Dnt'lclpJ:1CIlI GrcIlIf1 t_LC and CB C('IF!rll,:l(lf'. IllL
L'Llred \\ ilhin ~~lIli 1\\ (I (.2 I \\ eek'. C('lllr;JClc'r "ha]] c(\rnmence curiJl~ said defecl \\ ilhin Ihe t" (,
/2i \\ed period. and "hall pwceed thereatier "ilh all due diligence. Not\\ithsranding the
f('jegc)ing. in the e\em (1j a defect (.r if COlllracte'r fails ('r refmes tel cure said defect. which
Thle3tem damage TO person ('1 ropeny. Owner ma) undenake to cure defect without wairing
fl)] Contraclllr t(1 do sc'. and may charge Contracwr witll cost [hereof. In additic.n. any twmi
(Ir guarantee that m3) be required (.f Contractor or any Subcontractor under Contract shall
inure to benefit of Owner and ifs successors and assigns. Notwithstanding the foregoing c.r
an~'thing coI11ained in Contrac!. all Contractor's \\arramies and guarantees shall terminate one
( ] ) ) ear after Cenificate of Oc~'upancy for each building in the Project. This limitation shall
nOI apply with respect to any claims of Owner against manufacrurers.
ARTICLE 13
INSPECTIO~TS
The Work and Project Site shaJl be subject to field inspections at any reasonable time. without
charge. b\ Owner. Architect. Engineer and go\ernmemaJ officials haYing jurisdiction.
ARTICLE ]4
NOTICES
An) notice 10 he gIven under Contract must be in writing and shall be deemed to have been
gi"en when mailed if b) regi,qered or certified maiL retum receipt requested. or when
delivered personally or by fax or email to pany to whom notice is to be gi\'en at address
designated below or. if any party subsequently designates a different address for this purpose.
at such subsequently designated address.
Notices to Contractor shall he addressed and deli\ered as follows:
CB Constructors, Inc.
225] Blount Road
Pompano Beach. Fl 33069
Attn: Michael C Taylor
Phone: 954-978-4658
Fax: 954-978-4658
;'\01 ices tu Owner shall be addresseti and deli\ered as follo\\5:
Block 77 De\ elopment Group. LLC
5000 T-Rt'x Dri\t' Suite] 50
Buea RalCln. fJ 33432
,.\ l_llf'\ (11 1l(llice" lCI O\\nt'J' I\ill be sent Il' C()Il!J';IC[Ur I\ithin st'\c'[l I~I \\l\rkinp, d;1\s:
h(1\\ c'\ LT j;jJ lure In send such nl): ;L't' \\ill nn[ t'e d deLlLIlt h, 0\\ ner
II; '. -'"'L (I,
Hil\I.i (.1)
f',,' k::_ ( I..
n i, lL ~ (,\ I
( (']' ;1\__1 :<1J \1J1"1i"~jl'li(\[l f-3cl\\ c'(~l H)\.)I...!,
l)c'\l!\'ri;llC'lll (IT(\llfl II ( ,~:llj C H ( \\I)"-!r:J\.!1
ill.
\RTllCtf 15
GO\ERi\T\G L;, '\'\
This C'lml'aLI '-hall Ile ,!2(1\ erned (1\ [he la\1 '- 01 the Stale:' ,1/ FlOrida.
\RTllCLE H6
Sl'CCESSORS A!\l) ASS~G:\S
0\\ ner and CoI1lraclnr each binds Itself. ItS panners. successors. ass]~m and legal
represemali\ es 10 the ()tl1er part\ herelo and to panners. successors. asslf'TIS and legal
representall\'CS (11 such other pal1\ in respect 1Cl all c()\enams. agreements and ubligation."
contained III Contract and Contrac1 Documents Neither part) W Contract shall assign
C\'lltract ur suble1 it as a \\l1o]e '''"!thout Init1en consent of the other (\\hich consenl shall not he
umeasonabh wnl1l1eld) C0l11r3c10r dCKnlm ledpes [hat Owner has collaterally assigned
COlltract to Lender In the C\erif 01 such assignmenl. aSS12Iwr \\ill continue to he liable for all
its (lhligations and perfo/lnance hereunder
ARTICLE 17
EFFECT]\"E DA TEo MERGER. AME1\iD1\lENT
C\mtracL when executed D) the panie5. IS effecti\e as of date first stated abo\c lI1 Cuntract
All understandings and agreements made rnor herelo between Contractor ami Owner \\llh
respect to Projecl are merged in (lr superseded (1) C(lnt racl Contract full) and completel\
expresses the agreement (If the panies as [0 the mauers contained herein and shall not be
modi fied or amended except b) "'Tinen agreement between the panies
ARTICLE 18
TERJ\1JNA 1'10:\
I. If Contractor 5hall fall [(1 commence \\'ork In accordance with the pfCl\islOIlS oj
C(lnlract or fails to diligently riosecute Work [(1 completion thereof in a dIligent. efficient.
1'\'(1rKmanlike, s!--illfuJ and carellll manner and 1!1 aCC(1]dance \\ ith the prO\isions of Contract
DOL'ument5, pr talls 1\1 use an adequ:Jte amllUn1 \lr qualit\ (1j personnel (11' eguipmcnl [n
C(lmplete \\(lrk without undue ckla\ . (n fail'- ti) perform any I)t ils (1bligations under Contrall
!)lll'Umell1'-, he adJudged a hanJ.:nlpL makt' it gt'neral ~jssignmen[ for henefit of Its creditor'-.
11t'ul!1lt' 1rl'-(1J\e11l ')lhtT\\ 1St'. \'r lall, t\\ make pnlmpl paymems lil lIS Sut1C\)ntrdclor'-.
maleriallllen '\1' 1:1l'(lITIS 1\11 aT11(\LJrllS r'~lld to) (h\rJeI ()\\ner shell I ha\c the fight. ifContral'{(lf
sh::11111(11 cure' SUdl deLwll ;iI'tel ~:e\L'll (~i da\'- \\ritte1l1lC1tice Ihert"()f 1"111 terminate C\'nlrac!
Iii I t:t].;e 1'(ls'-eSSj(1n (\t ~lnd llse ;111 1\1 :il1\ 11:11'1 "f C()[11r:ll'I\1l '- Illcltt'JJ:11:-,. l'qLJi~)rnt'll1. ~ul'pljl'c
:i11d (lthel l'n11't'IT\ (II c\ en k11lc! wed 1,\ ((11l1r3C1l1r III [,nfl,rlllance 1'1 \\clfk :l1ld 11\ II'-t' <"Ulll
I'n1['tTI\ III u\ml,lt'tlll[1 "t \V(11'!-- ~lIld 11111 ,(IIll['klt' \\,'rk 11'1 ;111: 1ll:lllnt'1 11 deem'- de'-lr3hle
IrlLiudlTl)-' t'!l!2d~lll:-' "erl kC''- Ii! illlle! 11;lrlit''- lI1t'Tc'll1Il' \11\ III ;IIJ '-Illh ;ll1.' 1,\ (l\\ !ler ,h~i11 111\1
tIt' dt'CIlWcI d II ell\ \:,1,,1,111\ ,'thlT rl~ilt "I IlTllecl\ ,Ij (hIlII.:'I
1), I, I c. ( I, :'~ l
h, !
( "llllaLI 1,'1 ('C\Il'lnklIClll Bet\\t'l"1 BlclCk -,- De\t'k\)lI1lCIlI Crc\ul'. LLC and CB CC\I1qnlL'I,\r~ IIlL
-; If O\\ner tails !(1 perfil f1l an:- of it, obligaticln.'- hereunder. C011lral'lclr shall !l;1\e tht'
flghl III gi\t' 0\\ ner a Writlt'Il notice thereclf. ~;[ating the nature of default. Such nOlice "f
def:wlt \\ill be simu]taneomh forwarded to LendeL If Owner does not cure such default
\\ithin fifteen ( j 5) da) s after receipt of such notice. Comractor shall ha\e the right to terminate
Contract b:- givll1g Owner \\T!tlen notice thereof at any time thereafter while such default
remains uncured. ami paymem shall be made to Contractor for Ij) all \\'ork performed: (ii) an:-
unpa id costs of and fees for Project: (iii) any Jiahility. obligations. damages. commitments
and 'or claims that Contractor may ha\e incurred or might incur in good faith in connection
with Contrac1. Contractor shall similarly haw the right tCl terminate upon fifteen (] 5) days
notice if \Vork is suspended for a period of thirty (30) consecutive day's or more from causes
not the fault (If Contractor and Contractor shall be entitled to pro\isions of 18 (h) (i l. (ii) and
liii). ]n the event that suspension is lifted and Project is recommenced prior to Contractor's
termination hereof. ;] remobilization. payment shall be made to Contractor for reasonable
remobilization costs. v.;hich shall include but not be limited to extended genera] conditions.
material price increases. Subcontractor increased costs or replacement costs. based upon
C0ntractor pro\'iding documentation for any increased costs. pro\'ided any and all such requests
fen cost reimhursemcnt or increased costs IS proven and authenticated.
3 Owner may. if Contractor neglects to prosecute \~Vork. properly and/or timely perform
am pro\'ision of Contract DOCdments. or does. or omits to do. anything whereby safety or
proper construction may he endangered or whereby damage or injury may result to person or
property. or fails to pay Subcontractors, materialmen, Vendors or laborers. or causes claims.
in any foml. to he threatened or placed against the Owner. Lender. Architect. Engineer or
agents. after three (3) days writien notice to Contractor. without prejudice to any other remedy
O\\ner may have. make good all Work. maTerial. omissions or deficiencies. and may deduct
cost theref(,re from the amount included in Contract Sum due or which may thereafter become
due Contractor. but no action taken by Owner hereunder shall affect any other rights or
remedies of Owner granted by Contract or by law reI ie\e Contractor from any consequences or
liabilities arising from such acts or omissions
4 The rights and remedies of O\\'ner and Contractor under Article 18 shall be non-
exclusive. and shall he in addition to all other remedies a\ailab]e to such parties at law or 10
equ Ii) .
.-\RTJCLE 19
1:'\ DEPE~DE!\T CO!\TR-\CTOR
]n perf(lrming it5 (lhligati(ln, hereunder. CC1JltracWr shall l)e deemed an Jndependent Cc'ntracWI
~llIll n()! ;1Il agent (lr emplllyce (>I O\\ner. Cl'ntr:\C!or shall ha\ e e\clu~i\e authc1f1t\ tll manage
direcT and Ci1f11n)j \Vorh:.
I' I ~ I ,,'
." i.~ " "~ I,
I '" . i II c ( '.' ~ ':" '.'
/':" ',k {,"
('liI':I,! 1"1 ('1I'lIII,llllll Bt'lllle,'! hl,'\~ -- Ikleln[ll1lCill ('ill'il!' I! ( ,llll1 (H (''iI'iIU,I,,,, fll,
\RrHLlL 2u
\\-\ll\JElR
;-':\1 l(,n:,enl \'1 \\di\eT. e\pre~' (i] im[,lled b~ either ran\ 1\) Contralt elr \,1 (!n~ 1,r-t:Jch 1'1
default !'\ the (lther lf1 performa:1Ct' (If am applic3t]c'!1S hereunder shall be deemed or cnnstruee)
1\1 be a CC1I1sem (11' ,\ai\ er to or of aJl~ other breadl cd default by <;uch pan) hereunder Fatluft,
on Ihe pan 01 3n~ pany herel\! to complain cd 3f1~ act \H' f(ulure 10 act of the (lther part) ('I' I,'
declare the other part~ in default hereunder. Irrespecri\t, llf ho\\ lon~ such failure contains
shall not constirute a waiyer cd eights of such ran~ hereunder InspectlCln b). pa~111ent. b~ . l I]
temati\e apprm al or 3cceptanc'e b~ Owner or failure of O\\ner to perform any lI1SpeC11011
hereunder. shall 110t cunstitute a t1n3] acceptance uf \Vork or an~ pan thereof and shall nill
rekase Contractor of an~ i)j its '1bligat1Ons hereunder.
ARTICL.E 21
WORK IN PROGRESS
] . COnlractor shall pWlect and pre\ em damage 1(1 all unfinished stages of \Vork Un! II LJ
CeJ1if]cate of Occupanc~. including hut not limited t(l pr(ltection thereof from damage 11\
elements. theft. or \andalJsm
I As portions of Project are completed. and occupied. Contractor shall ensure that
continuing COl1StIlJClion acti\it~ will nOl interfere with the use. (lccupancy and quiet enjoyment
of lhe completed ponions thered Contractor will permit olher specialry contractors who are
performmg tenant or other \Vort in Project access 10 Project so long as \\ork by such specialt\
C(lntraCt(1rs dnes not unreasonahi \ interfere with the perfnrmance (If \Vork under this Contracl.
CI)]1tractor shall nnt be responsihle for repairs. damage (II' delays occasioned by uther specialt\
contractors who are performing tenant ell' (lther work in Project. h) such action performed h\
0\\ ner ill' third panics. apart frcllll the Contract Ducuments am] shall he handled in accordanct'
\\][11 jJro\isie'llS of this ('nmrae!.
ARTJCLE 22
COl\lPLlA::\CE WITH Lx \\S
:\ll\ pr(l\ ]sicln~ herec) I to the cuntran ]WI\\ ithstandln}2. C(lfllraClOr shall (Ibsen e and ahide 11\
and perform alli)f ilS i11'ligalioJ1s hereunder in accordance \\lt11 all applicable la\\s. cndes. rules
and regulations e)l all ge)\erJll1lental authurities ha\ingiurisdielii'f1. including Federal
Occupational SafcI\ ~incj Healtll Au C(lntrac1Clr'~ responsibilities under this prn\ ISlnJ1. shall
IIC'I c.'\tend tll Il1e desl!:'.Jl ,>I the !'!\)jc:'L'l Jnd Cl\T11ralt(lr ~hall 11\'1 !'e re~pon,il'le fl)l dl1\ !,iiluIl' \rf
the l'rll)ecl'~ ,ie~I,~n dl)cumems II' L(\nfllnn \\ith al'pliGJ1,le cucJes (Ir 1:1\\<;
i"i. I
I,
',')111,1,: II'! CI'Il'1nllIJ\11l Bl'I\\l'L'!i Bkl,k -- Dt'\Cle1pIrJCI1I C;r"LlJ'. Lie dJ](] CR C'IIl,rI'lICII1I" In,
ScRTFCLn:: 23
\ ['\l[
In the l:'\ t'nr lhat lil1gatic1ll s]wuid arise hel\\ een the f1(irllt". J' herelll agreed llla! [he \ l'nue le)r
am such jitig31ion shall be Bru\\ard Count). F)orilia
IN \\'ITN ESS \\'HEREOF, pa;1ies heret() have caused lhis Contracl to be executed to\ their
respecti\e officer thereunto dul) amh('rized. as of the date first abow written.
OWNER:
Block 77 De\elopment Group, LLC
CONTRACTOR:
CB Constmctors. I nc
/?/'~'/'?' , (::-~~./ ,
,',;'1 /a.'~W''/,4;'f/ ~fr' ~~
It/./ vV(..""li~_~" .- "'-
By: William Morris
,.-::;i..--.-------?~-'~~----=:=)---
By: Michael C. Ta\'l~---/
- -
Pres idem
I ) :"! ' ~> ( 1, I;', ,'/.
h" \~ ~ (-,\.
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p '-, :~. i ':: (1~
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( (Ii 1:;1,1 I()f l (1)]'-fr-lIC!l\lJl Hl"i\\('~' Ekil..J\ -- [")l'\:~;,.')!)l;)t'!I' (;lI'ill l! ( ,i:h: H ((If;,-!lll'~1Iq'-. In,--
(;[-'\[RH (O_,\[Jlno'\~ On: '\TR HE H)R (O'\STRTI err Hl\.
Parr-king (Garage @ lBiloch 69
P\R\GRAPH I
CO!\TRc\(T DOCl" \n f '\:TS
I I B~ executing C(,nlracl. Cnlllracrclr represellls that It has Ilsned the site. tamJJianzed
IIse) t \Iith the IClccll conditions under which Wen-/-; i> In he rerformecj and cC'J)fimlell
such uhsenalicll1s and imestigatinns required [n s;J[]st~ capabilJt\ tur lilt' requirement'
specified h:- Contract Documents 11 is unders!uulL howe\ er. Ihat such \ isitation ma\
nut indICate all conditIOns reJe\anr l(lJoh perfurmance and COlltraclLlr is in flU \\;1\
respc,nsihle tor unforesel~n or undisclused conditIOns
PAR-%GR..\PH 2
OV\-"NER
)
Owner'?~Ili~hllQ._S1QQ...\\'ork, If Cnntract(1j falls 1(1 correct defectile Work or faib [\1
supply materials or equipment in accordance with Contract Documents. then upon fi\ e
(::;) business da~ S written notice t(l Contractc1!. l\hlCh notice shall specit~ the n3l1lfe ,'I
the default ami manner in WhlCh It may he remedied. Owner may order Contractclr tC)
'-fOp \\'ork. or an:- ponic1D thereof unliJ the cause for such order has been eliminated
") )
Qwn~r'sBl~llLlQ..J="<llT _9uDYsJ!/-; If ('(lI1traclclr defaults or neglect~ ti' carr~ l\ut
\\'c\r/-; in accordance wll11 Contract Documents (ll fails tc\ perform any rm,\is](1!l (\1
('untract. Owner may, ;dier file 1)1 husines~ da\:-, \\linen notice til Contractor alld
1\ Ithout preludice to any other remedy he ma:- h::1\e_ cure such del1ciencies
O\\JleL'.:'. Besl~onsi.biljtit> Tht' followll1g are Ilems tCl he paid j(lr or pI\llided h\
OWntT Bc,undan sun-ey impact fees. utility l11spectlon tees. all utJllf.\ deposits. ,ill
utlllt:- cClnnect ion charges. Builder s Risk Insurance threshcllcl and speCIal inspect ions
(if required). general huilding permit fees. architectural tEes and j~t1een (I) I set (\1
Contract Dra\\ings Builcit'rs RIS/-; Deductihles Site De\ Elopment Permits and Testin,!2
!~s..::12.uillDra\r.il1f.TS Contracto!. as referenced In Paragraph:', Sec[lon ~. J 1 IS
lesponslhle Itlr .1\s-Ruilt Dra\\ Il1p and As BuJlt Sunn s of Project.\sBuIit Drawil1,!2'
are tu he lurfllshecl t(l (h\ ner Upr)1l cumpletlc)n (II PrOlt'cL ~C)II"IqlIlg \1/ reproducihlc
['rlII!S C\llllractlH IS ah'l resj1(\l1Slhlt- {(lr final Sunc\ UPl11l u1mplelic11l. ,tmi SLlnt'\'
(iurJn~ Ull1structll111 relat Il~ t(l tnle ,carches. It rcqulft:c!
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P.'\"R'%GR:~PH J
CO."\TR~CTOR
C,-lnstfllUi(1)l \1eetil1~ (','ntL1c:tCIJ- shall hold \\ eeKI~ Ll,mtmcllon (,n-site meetings \\ ith
SuhCOlllraC{Clrs. if reque<;ted h~ Contractor. O\\ner's Representati\e ma~ attend such
meetlIlg. In such e\'em. Owner's Representati\e will be notified of the meeting and (1f
the wpics to be discus~;ed. in addition. COI1lraCl(1r shall ha\e a separate monthl~
meeting with Owner. its representati\e and the Project Architect. Topics to be included
in [he meetings \\ ill include. but not limited to: Construction Schedule. quaJit~ of
workmanship. inspections. design issues. and coordination of Work..
3 I
Supen ISIon Contractor shall supenise and direct Work. using its hest skill and
attention CC1ntractor shall be solely responsitde for all constmction meaIlS. methods.
techniques. sequences and procedures and for coordinating all portions of \Vork under
Contract.
3 3
Labor and Materials. lJnless otherwise speCIfically noted. Contractor shall pro\ide and
pay for all labor. materials. equipment. tools. COIlStruction equipment and machinery.
water. heat. utilities. transplmation. and other facilities and sen'ices necessary for the
proper execution and completion of Work.
3.4
Discipline and Go(,d Order. Contractor sha]] at all limes enforce strict discipline and
good order among its employees and Subcontractors and shall not employ an~ unfit
person or anyone not skilled in the task assigned for Work.
3..'\
Taxes. Contractor shall pay all applicable sales taxes.
36
Inspections. Surve\im! aJ}d Stakeout. Except as prcnided in Paragraph 2.3 Contractor
shall pay for all suneying and stakeout necessary for proper execution and completion
of V,,'ork.
Permits and_Fees Contractor shall secure and ra~ for all governmental fees and
licenses necessary for pn1per execution and completion of \Vork. except for those items
1\1 he paid by Owner as descrihed in Paragraph .23 herein. and Exhibits .'\ and 7 of
Contracl.
CClmpliaIlc~ with Law C('l1IraCWr shall gin:' all notices and compl~ with all ]a\\'5.
(1rdinames code5. rules. regulations. and (lrder5 ('1' an~ puhlic aut]wril~ bearing un the
!-,1erfi1rmance of \\.orJ.... [:- ContraCl()r \,hsen es that an~ ~lf CC1I1lract Documents are al
\ ariance thert'\\ nh. in aIl~ respect. it shall I'n)mrll~ Ilmif~ 0\\ ner and Archilel'l in
\\ lil1l1g. and am nccess,ln l'hangcs shall he adJLlsted b\ (If'pn'prialt' lll(ldifie3tiun I() the
COI1lraCI Slim ,md C<lntrat! Time as l'rc'scril,cd in C,1ntr;1CI Dc,cuments.
PX'~LS:'LJ _~lC!!lagt:'J (( )111 D',l \ 1 I \ ha II "-'111)' II '\ ;\ l ( llllpt'l e11l Pn)J ect ~ 1 amlg tT d n(j IleLe\sa n
:t'''J'-t:lfll'' \\ he. '-hall (l\ er,,,-'t' \Yl1rh ;'11 Plt)!t'l1 "Jlt' II hile \\'c1rh i, ITl I~]('~re', The'
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Ii. : 111'1')' L [( "ild ( H ( ,'JI,III' rill' I
hl1jt'll \b er 'lull 1"I'rt'~t'Ijl ( ,11111':1,1,11 :iIld ,III ci'IllIllllnk:II]IIi1' '-'il l'll II.' PlLlll'c I
~LJIl;]~t'J "/1all lie ;t" l'lll,jlll'-' ;1" II ~'I\ t'n IiI ('i'llll;lc [''I ['nIl ilkLi l!in :lIe l\1111ml1ed Ii]
II Tiling 111 :ICl',ITdance 1IIIh .\nllk 14 ('\I!lIT;lcll\1 ,11:111 inlo)f]] chinn, 11I'1l') II' \V\'lk
e\1f1lmeI1Ct'menl. 11' sele led jill, Pn1]c'ct i\Lmi]ger :It Ilhieh I]Jlle Ollller mal rehJ
,t'kCl](111 and request Ill!:er 'llJllraC](lr per:;l1J1llt'j he ll.\ed Je'l Pnljt'CI
, (I C"mlJ1cl(IL-,\J~92<~nsibU~lj C\II1!r,ICIor ShdJJ be 1t'\!'l)Il5ihle IiI (hiller fill' au.'- and
llmiss]om of al] ils emJ'JcI~t'e," allli all Sunulnlr:.1CI(lrs. ageJ1Ls and emplcl\ee.\. and all
lithe) perSilJ1S performing \\'clrk under a contract 11][/1 ContraCI!lr.
,~ ]] 1)rall 1I1~~ Ci1lltractor shal] ma]lltalll at .SHe ('nl' lOP) (1j Dra\lings wgelher IllIb
apprO\ed shop drawings. Change Orders and other modIfications. in good order alld
marked to record all changes made during C(lnslmctlon These shall he al'ailable IiI
Lender. ArchllecL Engineer and Owner Drawings. marked In record a11 changes
made during construction. shall be deli\ered t(1 o \.1 l1er upon cumplelion of \Vork as
required by /'\!11cle lO. Paragraph 6( C) ContractOJ shall hot be required te) rerum a11\
sets of Drawings delJ\'ereJ to it except for ;-\s Buil] Drawings.
" ].2 ,shQ.b,-Drawim:s_ and5_amrll~s COlllraclor shall rei ie\1 all shop cir:mings and samples
B) apprO\ing shop drallings and samples Crmtractor therehy represents Ihat il has
delermined and \erified :tl] field measuremems and thai 11 has checked and coordinaled
each shop drawing and sample II illt requirements of \\'ork and of Col1tract Documems
l\Jo purtiol1 of Work rTciulring a shop dral\'ing suhmission shall he commenced unlll
suhmissHln has lleen re\ iewed and accepted tn, L.r12ineer. Owner and Archirect :J~
Jpplicabk Including 1\ Ithout limitation. the 1nllc'\IIllg: trusses. stucco texlure
IllJ1do\\s. plumbing flxl1ire,. cerarlllC tiles. palJ1!. dr)urs cabinets wnfing matcnab.
eleCll1Cal fIxtures and hare1\\ are and Ilems identIfied IT] Fx11ibi1 7 All such portions II/
\\'i11'k shall he III accordance wnh reI. it'\1 ed imd accepled sh\lp drawings and samples
Shop dra\\ ing rei lell. appnl\al ami submission 11) C\lntraclor shall 11\11 plact'
CtlntraClm in l]le position cl{ a design pwfessilillal :meJ shop drawings die subjec1 tl I
acceptance of design prC,les'-lcmal retained h\ Owner All shC1p drawings and sample~
sunmilled b~ Contractor ',haJ] he deemed accepled bl ()wne) unless specificall\ rejected
In writmg. statlng the basis therefure
"I.~ L':;'~J2.LSil(:' Cnnlral'tril sh,1]] leqr]CI (Ipt']'(:ltlnn,- ;11 Ihe sill' [(1 areas permitted by 131\
llrdinances. pennir:; and ('lll11raCl DoclIments and s/1;lll nCll UI1reasC1nahll encumber tht
'Ill' 1\ 11h an~ matenals l'1' cqu]pmenr
c:; j -+ CLllJlll"- c1lltl pj1t~hll1"-. (I,ntI,Illl 'i \hall di' <111 CLJll]I1~, rlllin~ nr p:llchrng \>1 11'- II ()r~
Ill:!l m:l\ he feqLllfed II' 111:I~c' f':lrl' fil Il',i2ethc') ),rl'I)("1 h. :llld 'hall 11\'1 enc],IIIQtT :IJI\
\\\'lk hi l'[j[lllIl.' 1:'\,:11 a[llll.' ill (>lI1l'!\\ 1St' JlleIill'-' \\ i'll ill :tIll pan 1'1 II
~ I':; 11111'.' I 11 ( I 'inf'J,I, 'I :11 ,II i I ] 111 c' 0., ,11.I! I ~ll'i III eIll 1 ''l'' 1 lel' 111 >III l'\l c'''" 1\ c
,:cllillilll,:flIIIi ,,1 Ild'It' 11UI\:'I],II, i:1 Itil'I'!,11 ,.,III:<d 1,\ It' "pe'rilill'll' :1' IIL'II :1' ,111
"UUI'11'11 !,,'rlll,!I' ,'1 [)11'['_'c! '-ilt \1 ,.1 11I1'klll'l ,'I Ilil ,1,1'..',' 1\1 \\ I>lk II 'II 11 Il'I]I<""
(''1I!I<lcl )\)1 (, '11'lllIL 111):-1 Rt'III"c';l13I"L~ -- nn<':;"f'l11c'J11 C;l\'lIf' LtC dlld CB C')Il'II'Ucr,'I' IlIc
<III II ;!'-lc Ill<J1eriab :tlid rUl,bJ,h In'Ill and al'('Ul pn'Jt'cL :1~ \It'll :1'. all t,x'l~
u'n~[rUC11(1n equlpmenl. m3chiner~ and ~lIq,lu:-- materials. and shaJI clean all glass
surfaces and leaH' WN~ "final clean" or Its equl\aJenl. except 3S cltl1en\ise ~pecified
11 Cuntracwr fails to clclnup. 0\\ ner m;:1\ do so and the COSl lhereof shall be charged l(l
C ont raCJClr as ~lro\ idecl j n Paragraph 2.2.
3 ] (l Ro\al1ies and Patents. Contracwr shall pa~ all wyaltles and license fees. It shall
defend all suits or clam1s for infringemem of an~ patent rights and shall saYe Owner
hannless from loss on account thereof. excepT that Owner shall be responsible. for all
such IClss when a panicular design. process or pwduct of a particular manufacturer is
specified. bUl if Contractor has reason to belie\e that the design. process or product
specified is an infringement of a patent. it shall be responsible for such loss unless il
pwmrtJy gi\'es such information [(1 Owner and Architect.
". I 7 Te~~ If Contract Documents. laws. ordinances. codes. mles. regulations or orders of
an~ public authority haying jurisdiction require any Work to be inspected. tested or
apprO\ed. ContractC1r shall gi\e Owner and Architect timely notice of its readiness and
of date arranged so that they ma~ obsen'e such inspection. testing or approvaL Owner
shall bear all costs of any tests unless orhen\ise pnnided in Contractor"s qualifications.
Contractor shall make a\ailable to O\\'ner's Engineer or Architect any and all test
results for re\ie\\' and fc~r use in preparing final cenifications.
~ l8, Indemnification as to Dama~es b\ Reason elf Construction. Contractor shall defend.
indemnify and hold harmless Owner. Lender. Architect. Engineer and agents and
employees from and ,Igainst all claims. damages. losses and expenses including
artorneys fees arising out of or resulting from the performance of \\'ork. or any failure
to perform in accordance with Contract Documents. Owner shall defend. indenmif)
and hold hannJess Contractor and its agents and employees from and against all claims.
damages. losses. and exrenses including attorney 's fees arising OUl of or resulting from
oegl igem performance ill' Owner. Lender. Architect. Engineer and their agents and
employees.
.1 I q Temporan Ser\ices, Owner and Contractor agree to perfoml the Punch List
procedures during pUnChOLl[ procedure and repaIr \\ith utmost diligence and
cooper8tion CClOtraCt01 shall prcnide temporary s8nitary LiCilities for construction and
m;1iIlle03TlCe purposes f(lr use and com enience (If all trades Site drainage shall he the
respoosihitit~ ()f Contractor upnn commencement of cOllSlrUc[ioTl. and shall be
mZlinta1I1ed in 3 manner apprmed by O\\ner. Lender and Architect until issuance (11
Cenlficate l'f Suhst3mi I Completion Perm3nelll 1'0\\ er Lls3ge after Certificate (If
OCCllpJIK\ shall be paid by O\\ner. prmlded CC1ntractc'r and its Subc(lntraL.tnrs are
dl]igt'111 in l'er1(lrming :1, ri\ j(jes subsequent [0 Certil-ic3le of Occupancy and I'er(()rming
Punch List \\'nrk aner p,."rmanem p,'\\er hO(lKUP
_'Ii ,\t:'~llr~ C',ll1lJ',ILlt'J' .;hall pnl\ Ick 'lIch ,ecurll\ me:l'-urc, ;1' lll,i\ be lleCc'ssan 1,-'
I'J'I\]t'L( \\ ')J'k Illjln'.:2J'e," :1' \Iell ,I'. matc'n,I!' Il' I,t' IIK('ll'('r;tlc:'d therelll
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-:: - I r~eU~2IDl;ln"-t'Bun~ ~~f2lj LaJ1l'L~iJlli~);llt'I~le!1 Y~J)l\:'rJl1?ull~ \ Ilk), I If I1tT\1 i)t' q;,Ied III
Ed1ihil'::; (\lntr;iCItlr "h,1I1 (\hl;Jin and furnish 1(' Chll1cr and JI~ ! t'Ildcr ;1 Dual ()biI~I'I'
Perfc\j'm3I1cc Bumi alld i,dbl'r and l\LiIeriaJ Pe1\ meIJt 811m] III [he ;lfl111llfll lit C\111lracl
Slim elll erin~ \\'I'rk L ['O! Clnd matenab ~ln1\ Ided under C\,!lflact In l1leetln~ Ihe
requirement'- I)j ChapleT -;] -:; (.f Florida SUlUte" Sl) a~ [Ii exempt 0\\ nel and Pn)jt'cI
from an~ cl;ums \.J liellc filed b\ lhost' panics rerfllrmmg WC1rk These b(.nds \\lil he
prm Ided bel(.re an~ WI\I'k IS commenced These ('I\nus \Iill be III ~i Inrm and meet the
general relJuirement~ pf l,ender. 0\1 nel and CIntracror \\hereup(ln It \\lil he issued h
3 suret\ accept3hle in all respects to Owner and Lender. Funhernwre, prior t(,
ContraCTor issuing said h)JJds, Owner and Lender shall agree 10 a fllIlding arrangemenI
whereb\ comtructHH1 funds that heJ\ e heen apprc1\ed for disbursement shall he funded
direuh 1(1 Contractor frem Lendel
PAR4.GRAPH 4
St 'BCO!\i~fRACTORS
-1 1 Subcontract Provisions. \\\,rk performed for C(mtraCl(ll D~ (j Subcomrac1Or (II suppliel
shall be pursuant to an :irpropriate agreemem hel\wen CClJ1tracwr and SuhconrractCiT
(and \\here appropriate between Subcontractort)} and Sub-suhc(lntrac[or(sl. \\hich
shalJ comam pnn is ions lha1.
~j \\a]\ e all rights cnnlracting panies ma~ ha\e against one annther fell damages
caused h) fire (If other perils co\ered h\ propert,\ lllsurance described ill
Paragraph 8. nCtllt for the rroceeds of such insurance held h\ Ownel as trustee
under Paragraph ~:
b prn\ldeli for waI\ers 01 lien as required h~ Arucle 10:
L. consent to the cI,IIateral assignment sel torth III Suhparagraph -1.2 (and a
reassignrnenl [(I Lenderl and agree to continue io perform \Vork fllr Owner (1)
Lender. as the ca,,(' mal he:
d C\msen! In OWf1cr '. assignment ()f CCII1tI,ICI II) ,I Florida limned liahllil\
l()l11pan~ as defined in Anicle 16: and
t:' cdlllgalc each Su[-,cIlr1fr;llll\1 '.pecificli]~ 11' cllnselll III the pn1\ 1"1t1nS (lj this
Parapaph -1 I
.~, C,,-,I LIl C:E':lL-:\~S]EI1II~'[1 1\ ~ 't'lll III \ I (\ r l'eI fc' rflld fll C' ''i II) I) 11 j i gd 11(1)1) UlIlkl CI I fll I<lll
CI1ntr;ICII\] hereh\ lllILlIeI',tll\ ;j,"I~n' II) ChIne] ;11111.' light Illk and IlIleTC'1 III dIJd 1('
elll "UblllIlllall." ;lfld lllllil;ll[' I(il 11ldltTliih 11\\\1 1.11 Ilc'Ieant'r t'\l'cUln] 111 lll/llltTIIII/l
\ \ II h \ \ ( I r" ( 1\\ 11 t' I '!l;: II I L I \ t' Ill' I I g IJ I 11\ c' \ c' I l I" c' ,j 11 \ I 1,'-' Ill' I' ur" U d III 1(' I hi' P diLl f: I a I' h
-+ ~ l \ It' J I I II] I 11 L.' t' \ 1'1 n "I ,! ,it' I; lull h t' I (' II II l] t' I ,I Il cI ( ) \ \ ill) I I Il d l'l1:[ " l' , ii' c 1\}11 ! ' I c' It' \ \ I' I k .
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1111!hanJClre, 11ll1Il (3\\ I,l eleus t() e\erLi~e m ri~ht~ hereunder <1' ,Irllrc:'~aid. Ch\ nt'l
~ha]J he!\ e 11\) liahilit~ pL:r~Uanl to this assigIUllell1,
-+ ~ SuhC-0.ll1raCl\)] Im;peL'!I()llS SubcC\J1[raClOrs shall I'r('.\ ide adequate lal1()]' and materials
(lll-<;ile [n meet the C(lnqructioll Schedule required to complete \\'01'1\ in accordance
\\ith Owner's completi(lTI deadline. Subcontractors shall prc\\ide a Jc\b foreman [\)
(nersee all \\()rk (1n site ;md will waII\ all field inspectiom with the Cit~ inspector
PARAGRAPH 5
ARCHITECT'S Al.;THORiTY
~ Architect or its agents have auth()rit~ to act on behalf of Owner to the extent provided
ill Contract Documents.
,-:;.~ Architect shall at all limes hJ\e access to Work whenever It IS in preparation and
progress so that they nUl perform their functions under Contract Documents.
,-:;, Architect will ha\'e aUlhorit~ to reject \\'ork that does not conform to Contract
Documents.
\Vhenever. in his reasonable OpIllJOn, Architect considers it necessary or advisahle to
imure proper implementation of the intent of Contracl Documents, Architect \\'i1] ha\'e
authority to require special inspection or testing of Work in accordance with
Subparagraph 3.17. \\hether or nen such Work be then fabricated. installed ur
completed, I f any retest ing is done, the costs thereof shall be borne by Owner. unless
the retesting shov-;s WorL to be defecri\e in which case. Contractor will be reslxlnsibJe
for all costs.
~ -+ Architect. on behalf of Owner. shall be responsible to promptly and time]~ review and
accept or reject Worl-; illustrated and presented in shop drawings produced and/or
submitted by Contractor \\ithin ten (10) working days after receipt by Architect. Once
said shop drawings have been accepted by Architect and Owner as applicable. then
same shall he accepted for all pUIl10ses under Contract Documents as being in
accordance with all prOVIsions thereof and shall be deemed to supersede any pri(lT plans
or other Contract pro\'islOI1S in c(1nflict with same, This appro\'aI method is only for
submissions in accordance \\ith Contract requirements. !\:otwithstanding anything else
in ContraCl any requestec1 appru\al of shop drawings that change Contract Sum sIla I] be
dC1ne h~ Change Ordt'!' An~ appn1\a] thaI I11a~ be gi\ en \\ithout the abo\ e \\i]1 npI be
conSIdered an appro\ al lPlless apprc1vecl by Change Order.
JP:\R~GRAPH 6
DEL'!, YS
(> I If C"illret\.!\IJ l' dela\c'd ;11 ~ill: lllllt" ill the.' pJ\'gre.., 1'1 \\',\r]..; h\ am ~'h,'I, 1Je.'~IeL( \'1
l'Ill'....I'l)) "I' Ch\Jlc'l \fl.l,ilc'll lx))dt'l Ill' ;111\ em/,],l\c't' ;1~t"I11 lil'c'll:-,e [t'll:llll 111' ;lll\ \'1
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'Iill,l,-I III; ((l!~"(I'~,j., :!1'111~l'i\\c,,~"il'H11',-L -~ t'j':':"\l-!\l!lr-jic' 11 (l:"\lli~ I! ( ,1['1'.1 ( 8 ((111" rll"i r II']\,.
Ihelll, 1 q 1,\ dIll, 't'I';il;JI CC'l1tr;Jt. Illl t'Tl1J1I(\\ t'li /1\ (hI Ilt'l IlllluJII1~ 11lil Il,l[ Ilt.'u:""dlll\
IlmlTcd i,> t;IIJUIl [1' 1!l1le/\ l'l\\l't"'- Requl"IIII>111 "I Ii' nnJ,e P;l\lllelll Illlt'l] (<lTlW :ill
due III hI, Ll1an~e' 11nJell'd 111 \\ I'll, ,11 )1\ IC':J<:C'lli, 11'1 j;'lh\r disputes lill! at!llhulahlc II
CuntlJCll1r (11 It~ <;;UhClil1tr<lCt\11, (11 unusual Jele]\ III 11am!'llnatlon I unless same \1 t'rl
Ill,t timel.'> Ilrcieled t'.'> (cil1tlac1(1]I, flIt', ;IC!S (\j CilllJ. (il hI, jallure (l!-\]ll1itecl ('1 am
C\'multant, t'mpk1\ eel I,) O\\nt'T II' timel) lec::pund tll s]1I'[1 dla\l mg'-Uhl1lIllals \\ nl11I1
lt'n [JOI dZ1\s, Ul RF]~ \Iithin tl\t' I:') din'- clarificdlicH1 dral\lI1,l.'s required 1,\
."()\ enllng autlWlltIe, ('[ b\ an~ cause 1\ 111cl1 Ch nel and /'\rchitect determine III a \
justlh the dela\ culJec!J' e]) ("{ nan,idable Dela\s') then Dale for CompletJC'1l ~halJ he
extended 1,\ Change Or(jer felf such reasonable [Ime a" 1'- leljuired hI I na\\1lcL!hk'
Dela\ FurthtTmOIT, CilIltraclOr shall !1nuh Ch\ !leI in \\ rIling 01 an c\ ent th3t \\ II]
cause a Illcldificalion in the Construction Schedule If Contrac!nr fails ((1 pr\\\jde such
nutlCt'. CI1l1Lri1CI(lr ,hall 1101 he entilled 103 Irnlt' e\te]]~i(l]] Except fnr ami t(l the extent
of l:na\uidahle Delays caused in \\]](\1(' or in pan t1\ any act. neglect, (I[ authorizatioll
01 Owner. ()! am empl'Jyee nf am (if them, such t'Xtcnsi(in nf time shall he the s(,le
leme(h of Contract()r unless the aggre~ate lIt such deIa~ s IS Illnger than thirt\ (~()) 143\'-
ncludllH.' normal rilin da\", Ifl such e\Cnl the (untraclOr shall he entitle(i 10 an
eljuit::d,le increase 1Il C\Jl1Lral'l SUnJ flH general l(lneJniom and u1her assclL'iated dela\
COQS III addnion to an appn>priate extension (If lIme.
PARAGRAPH 7
PROTECnO~ OF PERSOJ'\S A:'\l) PROPERTY
/ Safel\ Precautions and Pro~raIl1s CC\l1tracWl ,hall he responsihle !l)r lIlit1ating,
maintaining, and super\ ising all safety precautinl1e: and pr()gram~ in connection with
\Vork. and l(lmph \\ 11:1 all) or al] governmental a,!.'enCle<: havingjurisdicri(11l U\tT
Work
7 .2 SaJet\ c}LEersons an~LE.IQPSJJ.Y
lal CC'lltrac!nr shall (ake all reasonahle precautions lor safet\ ot. awl shall pnnlde ;111
rea,nnable rrulec1icm to prc\ent damage, mjur\ or loss a" a resul1 of CnlltractuI,
SuhcontraC!llrS, or employee actions, inc]udin!!:
I] I ;,11 emplO\ec<, OIl Wor'l-,: 31ld all c,(hn pcr"O!lS \\ho m:n be alfecled
lhereh\ :
(~I ;111 \\(lrk dnd illl malenals and t'qul)'nJent 1\' i'l' Illu'!l)l,raled lbeTel!1
I ( II e' I h er I J: '- I I I rag ell 11 c' r ( ') tt "11 e, U 11 (it' r the c' art' C II S I uch I 'l II \ II t nil l,j
('1111tl:1lI111 III ;JI1\ 1,1 lie: SUhC(lIltr:1Clllr'. :Illd
1'1 \>ihtI j1Jilj'tTl\ .II lht "Ill' ,II ,ldl;'llt'llI Ihell'Il1, ilKludIll,c' j111I1111fl" III
PIl'jt.'ll ll'flll,!elc:'cJ ['rH'! II! lilt' d:lll ilelt\'1 IIl't'\ ,IIiUh, 1:1\111'. \\:llk,
i1dlt'1lIClll\ 111:1ll\l:I\' ,1!Tll'llln'~ ;1!ld 11lllllltc''- Ih'l de'l~n3k,i t,'1 1('1111'\;11
IL'I",;ill<>[] iii l'l'I,I,jec'llleIl[ 111 (ill ,"lIl'l' 1>lli'Il'!rlllli,11I
I' I,
<. ":1 !,'l! 1<'1 C\'il\lrUclil'I1 Rell\C'tll Bll'et- -- DC'\ck'I'Illt'!li C-;r<'uI'. L Le ~Hld CR C"I1Qrucl,'r' lI1c
(11 I C\'IllraClllr ~l1all C\)l11pJ~ \\llh all Zll'l'licat>k 13\\ s, \lrdinanl't'~. L()de~, ruit's,
regu]atIcln5- 3.nd 13.\\ful orders of an~ public au[h<.,rit\ h;'1\ ing jurisdictio]1 f('r the
l.,afet) ()f perl.,ons or prclpert~ (If to l'r\ltecl them from damage. i]1iur~ (Ir I(ls~
C untraClC>r shall ':rect ;llld maintain, as required b~ existing conditie,m and
rnlgre5s \If \\\'rk. all reasonable safeguards f(1j' safety and protection, including
p051ing danger signs and other warnings agall1st hazards. promulgating safety
regulations and n(ltit~ing owners ami users of adjacent utilities
(C) \Vhen use or storage of hazardous materials or equipment is necessar~ for
execution of Work. Contractor sha1l exercise utmost care and shall carryon
such activities under the supenision of pf()perl~ qualified personnel. Storage of
any wxic or hazardous material shall comply \\ith all governmental agencies
haVing jurisdiction over such materials.
(d) All damage or loss to any property caused in whole or in part b~ Contractor.
any Subcontractor. any Sub-subcontracwr (Or anyone directly or indirectl)
employed by any of them, or anyone for whose acts any of them may be liable,
shall be femedied by Contractor at its s(lle expense. except damage or loss
atlributahle W the acts or omissions of Owner (or its agents. Subcontractors or
representative). and not attributable to t:lult (lr negligence of Contractor.
Ie) Crlntractor shall designate a responsible member of its organization at the site
whose dut) shall he the pre\'ention of accidents. This person shall be
Contracwr's Pn11ect I\lanager unless otherwise designated in writing by
Contractur. Contractor will discuss safet) III all meetings held with
Subcontracwrs on the job site,
7 -~ Emen.?encies. In any emefgency affecting safety of persons or property_ Contractor
shall act. al its discretion to prevent threatened damage. injury or loss. Any additional
compensation or extension of time claimed by Contractor on account of emergency
\\'ork shal1 be determined as provided in Paragraph 9 for changes in Work,
PARL\GRAPH 8
I]\St~A]\CE
R, I OWl1er shall obtain, pa) for and keep in effect from conm1encement (If \Vork until
Issuance (If a Cerrificatt' uf Sul'Slamial Completi\ln. Builder's Risk Imurance with
ntemleci C(l\ crage (mcluding \ andalism, malicious mischief and e\cl\:Ilion collapse
and L1nder!:,r,'und (1)\ erare III a s\l-calJed all risJ..: (('1'1111 iln a n()n-rep(1niI1~ (nmplClcd
\ a/ut' ha~i, 1111' lJl\l1rahlt: \ alue Lel\ (,rlllg mteres! \1/ C()lltr;ll'l\ Ir, Lender and Owner
UPIIl1 e\ISllll!:, Illlflrl1\ el1le;I1~. hul IlIl! IIlCluding machine'!'), 1')ll!S. Of t'LJuiplllent used b~
C, 1l11r;'k!llr I)r Suhu1nlraclc'L'- JI1 perl'(IJ'l1l:Jllle III \\'Ilr~
I'
(1 ,:.... ~ ,.,. r-.:.', L' '- i
! ,
fit, ! :::..: ( I, ,_ ~ i I~., \, I I' ~
"Iilcl, i I\i[ (\'11"lnklll'J) [-;c'IIIC'C HI,l,l,
riC\LI(lj)rllc'r11 (l;\llq-' [I ( ,liJd ( H (\)fl"~lll, II'f-" Ilk
III ilk ('le'lli '. j :1 ("Illrdtl\'I ,lillIll dt':llllcl rill'
C\lllIrai..l(11 1\ 11) ht' dll\h\ ['ci :1cJjUSleli L'l:iIlll :ll11nUnl
f1lilu::;and Dollare, 1<':' I)()(J ()(): ;lnd "r cl:lIldard
amuunts
HlIlil,kr ' Ri~~ !1l\lIr;IJltl' !1\',lk\
k~\ tht, )'(llll~ deLiulllble II! FII I
FI\)nda II md P()lllI dt'ciulllhlt
;-., C(lnIr;IC(Or ::;hall "hlain 1121\ lelf all,i keep in dtecI In'm COll1menCemenl (11 \\'()rk, rill'
tolluWlI1g insuranu:'
:1 Broad fc)rm c()l11prehemil e general Ilahl1it\ Insurance. I!lclud1I1~ C()mpleteci
operatl(1n<.,. Cc)\ ermg Contractor a I, \\ell ;1<., OWIIel. Lender. Archittll,
Engineers, and their agent<., and emplo~ees. t(lr all Work and operations unde!
cDntraC1. with lirn1L<., for death or injur,\ to pt'rsnns l)f not Ie;;;; than One Millil)n
Dollars, (5,l.OO()()OOom which certificate (If in::;urancc, as required b~ the la\\\
uf the Stale of FlOrida (lr (Ither applicable 1:1\\ plue, nces;; amounts a\ ailable
under Cuntracl()f umhrella pollcie<.,
b l :ntI] Is<.,uance 01 a F1I1al CeT1Iflcate of C,1T1lpletillll, workmen::; compensatl()Il
and empJc1\er's liability lIl;;urance. as requlred by the laws of the State (Ij
Florida or othe; applic3ble law, ('11\ ering Contractor. Owner 3grees [\1
mdellIUlify Contractor inr any claims on the Imurance ~13ted in this paragraph
I'esulting from St'hcontractors employed by O\\ner or 3n~ of its agents
l Insurance for StllI cd Materials or materials 1I1 trami1. if such material is paid j( \]
In Lender
C()Illractor shaj] require all Suhcontractor'- and its Sub subullllraclOrs to pnl\lde and malntalll.
imurance d<; speci fled In paragraphs (a) and (l,) ablne l'll\tTing Statllt(1r~ Limits
R ~
c. .
I\either Owner nor Contracwr shall cause all) II1surance pol1cles to be canceled 01
permit them l\l lapse priur to date;; specified ahO\e Each policy shall contain ;1
prO\islon that it ma~ nl\[ he canceled \\ithout al least thiT1~ (30l days prinr written
notice I() 0),,\ ner. CUnLraClOr, and Lender The 1'(llJcles of such insurance shall he'
issued h\ lI1surance compaflles h;j\in~ a genl'ral pu]iC\ 1l\llcJer \ rating and rinanclal
rat mg acceptable tl) Lender
i-i .:j
Lender'.h:lIJ !t,n e ['\lwel 10 cldJuq and settle am /(1S\ 1\ Ilh the Il1SUrfre,
PARAGRAPH 9
CHA.I'\GES J'\ "OR 1\
\) I ~JE111Q~Or,cl~.r' (h\lle! I\][h,llll 1I1\;J!ICLJ[Jllg C,lJllrdl[ In;\1 ,'rde] i..IL!llgt''- ]11 \\I'IL
Ililhill I]W ~2l'n[T:i! \lI'I'l' "II CllI1ILlcl l"lbl'-1111),' ,I ;Hidl[}llJt-. lkk[1\1J1' 1'1 11[]lll
1t'l1"1\'II\ IlllllldillQ (1lJLlilll Sum clnd [lak' 1"1 (\lflll'klli'lllwlll,c.' ;ldiU\[ed 11)'1\~!rd I I
d \ '\1 11 1\ ;1 I \ I 1\ 111\ II, I III 11\ \ !I I, Ii- .j "t ( "I] [ I ; I, I \ ! i Ill, 11 ,! I, I I I" l" ill \ \ 1/ ~ ' il, I i I I"
\ '. I"
(,'1iil:kl I"l (,'/l';lflll[IC'Jl BCII\t't'I' lill\ck -- DCI\:'I\\f'llkJlI (~f(li'l' LiC :!/lel CR C"Jl~IJlIc~(\f~, IlK
:ILltlhl/ize:'d b~ Change' Urdn. :lJld~h;jll be:' t'\t'LLllt'li :me! 'lgncd t,,\ O\\ner. Cl1111r<JL'[\lr
and '\rL'l1Ilfct 11ri\Jr t(l CI'Illmenct'Illt'1l1 \If an:- change ill Wc,rl\. 0\\ nL'r ha~ (fifteen) 15
din, In which tn apl')I)\e and CJr reject 3m Change Order reque5{ ~ubmilted h
CC1lltraLtl'r OnJ~ Chan\~e Order~. Insofar as the~ relate 10 additillll or deletil1n of an~
\\'nrk, ma\ chanQ,e Cl'nIract Sum and Dates for Comp]eti(1ll.
. ~
In [he e\em Owner and .Architect desIre 311~ changes at an) tlme in \VorL O\\ller and
Architect shalJ furnish [0 C(lntractor. with ([ requesT for such change. plans or
modifications therein \\hich han been adjusted b~ consent of Owner and Contractor.
PARAGRAPH 10
CORRECT10N OF WORK
j , J Correctiun of \\'ork, (pon written notice from Owner. Contractor sha1l promptly
curreCl or commenCe to correct any \Vork rejected by Owner. Architect. Engineer, or
Inspecting Officials as defecti\'e or as failing to conform to Contract Documents
\\hether ohsened before or after issuance of a Certificate of Substantial Completion or
final completion and whether or not fahricated. installed or completed, Contractor sha1l
promptly correct any Work found to be defectiw or non-conforming within a period of
one year from issuance of Certificate of Occupancy for the Project or \\'ithin sucb
longer period of time as may be prescribed by law ()r by the terms of any applicable
special warranty required by Contract Documents, The prcn'isions for this Paragraph
10 apply to work performed or materials supplied by Contractor. Subcontractors and
Vendors as well other vorK perfomled b~ direct employees l1f Contractor. Owner's
failure to prcn'jde Contractor with the wrinen notice required under this Paragraph shall
relieve Contractor of am responsibility for correction or corrective costs incurred by
Owner
i ' . ,;. I ~ ( ;
" h ',I ,,'
}).- j~. ~ (1, ,: ,-.t (. t) Ii '\ i. (I(
"
'j 11,1\..[ :~, ('!l---li-Lkl:\II-: Hc'l\\t't'l PII';_" ---. r)c' \ :.::'ill'11lL rll ('TIll i' i i C Ll))lj ( H ({lj](!/lJ\.!ilj," 1111..
PAllVuGJRAPHIJ
Q :\ rOH JESJEJE'\ ()]R DlifFER]NG SliTE co'\nnTHns
! I] 5)JL~1'~lndJtltJll~ S]](1uicJ lIflh:nc\\\ f1 f1h\ ~]cal cl1ndlri(lm he l(lUnd 1(1 C\l~l III lIlt'
~r\1ullci \11 in an t:'\15Iing l,tructure \\hlch are uflusualln nature. dIfferent Ir(l!1l cllncJiti(IJl~
(lrdinarih enCllUnlerecJ. ('I eiI/jelcm tn,m l'\lndItlO!1S repre~ented 11~ the CClllLrCill
DoCUmenl\ Ilr al all~ \1ther pan (If lhe pnl]ell. lhen upc1n l'lalm madt' h~ C(1I1traC{(lI
\\ithill th1Jl\ (:;(11 d(1\~ 1)/ nllllCt' 1)llhe l()fldilic1Jl. ,II] CQUllclhle ,lCijuslment ~hall be made
[(1 the (\'Illrdct
{ I.
',1, I
( 11!:!f~1c1 1\'1 Cl)/1':rLJclil'il Bc'I\ln:1 Bind: -- Dt'ICI\1i'Illt'In c;l(lllf' [LC c!lld CR C\'Il'IILJll11f' !Ile
Exhibit n
Contract J])ran ings
Parkin.g Garage @ lBIock 69
;\rchitect: Perez Design. Ene.
Ci\'il Engineer: Caulfield \"ht'eler
I\lEP Engineer: International Consulting Engineer's. 11le.
Structural Engineer: I\kCarthy and Associates
Page :\0.
Page Description
Original Draw
Date
Site Plan
---
SP 1
Site Plan
6 22/00
Architectural
AO
AI
A2
Cover Sheet
Basement Floor Plan
First Floor Plan
Second Floor Pla!l
Third Floor Plan
Fourth Floor PIaL
Roof Plan
\Vest & North Elevation
East & South Ele\'ation
Partial East Elevation 1
P3I1ial East Elevation 2
Building Section
Building Section
Stair and Elnator Section
Detajls
Schedule' Detail~
\^/aIJ Sections
\VaJ] Sectiom Details
7/22/0.5
No date listed
No date listed
No date listed
No date listed
No date listed
No date listed
No date listed
No date listed
Page not included
Page not included
No dale listed
No date listed
No dale listed
N(l date listed
Nn date listed
No date listed
N\, date listed
A3
A4
A5
A~,
A6
A7
A. 7 1
A72
A8
A8.1
A9
AIO
Al 1
Al2
AI?
Structural
SO I
S 10
52 ()
53 ()
5..+ (I
Structural Specificari(lll
Foundation Plan
FoundatIon Detail"
Precaq Conneclic'll Det;'tJls
Rll(ll Framing Plan
:2 25 US
:2 2~ (15
1 25 05
:2 25 ()~
:2 25 ():-
I).;' '-- { 1,:'-, ~'l ,"; 131"'" t 1"'(
;'
Latest Revision
Date
54105
]2/8/05
1218/05
] 2: 8/0.5
12/8/05
] 2/8/05
12/8/05
l2/8/05
]2/8/05
12/8/0.5
]2/8/05
1 1/ )/05
] LI05
]]/1'05
1 L22 iO.5
l] lO.5
1 L] 'O~
l] 22 Cl~
] 27 OS
] 122 05
1 I .2~ 05
II .:'~ (/5
! ',::- ~. !';:,,: r, 1, -, '.,' R:\ 1, 1_ r \
\lLI' '
1\ 1 UI) I
1\T7UI
~ 180 I
MPJOJ
J\lPl0.2
J\lP IO,=i
J\ 1 P ] 04
!\1PIO:;;
EOOI
E002
E003
EIO]
EI02
E1Cn
EI04
EICl5
L20 I
E202
E203
E204
E205
E~O]
E701
E801
POOl
P'iOl
FP 1 () 1
FP]n~
FP J(13
FPJ(14
11'1 (I)
Ff'-i) I
I="lnd "L ~1J'l
Fl.lt'chani(;11 \\ 'ltc', (\: L t'~t'nd
IV1echanical [klil"
\lechani(a) Schedule,
Ba<.,emem Le\ (:'1 Plan 1-1\'\C (\~
Plumbing
Ground Le\ el I'jan H\ AC c.\c
Plumbing
Second Le\ el Plan HVAC 6:
Plumbing
Third Lnei Plan HVAC &
Plumbing
Fourth Level Plan HVAC 6.-
Plumbing
Legend
Electncal ;\ote,
Site Plan
Bl:l<.,emem Level Lighting Plan
Ground Ln el lighting Plan
Second Le\el Lighting Plan
ThIrd Le\el Lighting Plan
h1unh Level Lighting Plan
Basement Level Plall PClwer
(;round Le\ el Plan Power
Second Level Plan Power
Third Le\el Plan. P oweI
FOllrth Leve] Plan Po wer
Electrical Riser
Electrical Details
Electrical Schedule~
Plurnbmg )\otec: & Legend
Plumbing Riser.l
Basemenl Le\ el FJIe PrU[eCl lilT)
Gn\uIlli I.L'\ el Fire PmteC[IOI1
Sel\lT1d Lt'\ el Fm:' Prl1lecthlIl
Third I nel Firl PIC1ICLli,111
[1\l:r111 Inll rill' ['rI1l1'lllll/l
Filt' ~}rlllnll,11l )lc'Lill, :Illd ,\,lll'\
I
.:' 2," I I:"
.:' ~:" II:"
2 2 '\ i I:"
2 2.'\ 115
.2 25, U5
2 25(J'i
.2 25 0:"\
1 2~ /O~
2 250~
2 2'1 iO:"
~ 2."i/US
2 2~ '05
2 25/05
2 2505
') .2,':;;0.'\
, 2."iO.'\
') .:.50~
) 250,:"
2 25'05
2 2."i05
2250:'\
.2 2~OS
2 25'05
2 .2 '1 (is
) 2,:" 0'1
1 2'1 (J:"
.2 .2."i 0'1
2 ~:" (I:"
.2 .2" (I:"
F':I~t' III \1 I fll IUlkrJ
P'lc'C' 1}\1{ llllludc:d
_1 ,~,'i ()"
I) .2 u:"
i j, () (I,:"
I I~() (I,:"
12 S ().'\
12 f; U~
12 8():"
].2 18 '():"
12/80'i
I I 2/(J,:"
I] /2<05
) 1 2/05
11 '2/05
j 1/2/05
I] 2/05
II .2!()~
] 1 2;()5
I] LO~
] 1 '2/0."-
]] 205
I] 2/05
II 2;05
12/7.05
] I '2/05
I ] '205
I I 2/05
I I ) 0)
-
I I ) () ,'i
-
1 ] ) () ,:"
-
II ) ! I:"
I ]
LallLi"cJpe Plan
el\d
~
,
Title Sheet i date stamped 9 JO~)
C i\ il Plan (date <;tamped q J 'LIS I
Paving. Grading and Drainage
Details (date stamped 9, l05)
Paving. Grading and Drainage
Details (date stamped 9, lOS)
Pa\'ing, Grading and Drainage
Details (date stamped 9 I 105)
\Vater Distribution Details
(date stamped 9/1105)
Water Distribution Details
(date stamped 91 ]/05)
-+
~
6
7
Life Safet\'
LSJ
LS2
LS3
LS4
LS5
Life Safetv Basement Floor Plan
Life Safet\! First Floor Plan
Life Safety Second Floor Plan
Life Safety Third Floor Plan
Life Safety Founh Floor Plan
- lu (1)
(1 ~ - Ci:,
1028 99
lO 2899
4 ]2 05
5 4 '05
10'28 99
5 4'05
] 018'99
54/05
10.2899
5,4'05
10'28,99
] 028'99
5/4105
5:4,05
No date listed
No date listed
No date listed
No date listed
No date listed
JUli05
11 1/05
J 1/1/05
1] ] /05
.. Suhsurface Study , Vehicular Parking Garage, prepared by Dunkelberger Engineering and
Testmg. dated August 2~, 2005
[ , , I, _ (1.,'. _' ; .. I,:".~ I, r, \
i I ,: j.".' ~ ( I,:' , _ l : 1-; I \\ ) (,\'
(3eneral COndIlIO!1S '
Performar1L'e and Pa\Jnem Bond
Insurances,
Securil\ ,
Presur\ e) of Adjacent PropeT1les
B uJiding Lavullf
Slfe De\elopmenr
Cement Pavers
Landscape and lrrigalion
Sheet Piling and Vibrofiol<ltioll
Structure.
Railings, Gates and Me131"
Caulking am] SealalllS
RO(lfing
Trim, Hard\\3re, Accessories
Stucco,
Palllting
Specialties,
Elevators
Fire Sprinklers
Plumbing
HVAC,
['"hibit :2
~rarkillg Garage @ Rloch iflC)
Sdwdtnle IOf 'Ldm:'~
Electrical and FIxtures.
Escalation! Contingenc~ AlIowanc('...........,..........,................
Pmtection and Repair of Adjacent Properties Allo" cHlce ."...,... ..
Signage Allo" anee H..........."... . '",... . ....
Drainage Pump Station Allo" alle('....,
Fl't'
Total Contl"act.. .,. .... ... ...
Ii "
:"86',16 I 10
,68.000 00
106.16:2 50
,SO,OOOOO
, 15.000 00
,21.000.00
~ 34.752 00
, ,-:',565 00
.25)nS,OO
560.679 20
"-,233 -4625..+
, 243.600 00
] 08,320 00
16.000,O()
. 23 . 1 9 S 00
] 02 ,000 00
6~. 500 00
,22.400,00
I 33-44 1 00
142,022 12
28.500.00
98.950,00
206.34600
. . . , . . . . . . . $400.000.00
...",...50,000.00
. , , . , . , . . , . .. 7. SOO. 00
, , . . . , . . . . . . 1 0,000.00
466.368 (l'
.... .....7.12S.769.00
~ -, I \ ',_; I
Exhibit J
Construction SchedUlle
Parking Garage @ BJock 69
Project 10. be completed within Ten and a half (10.5) months from commencement date.
f : I
( I' ,-' " ' r-.' I)! I I '. ~ _ (, \ .
I'
'l~:~ J. 'l~' r-I,:', __ l-;)IO, k I,,'
[.\hibirr ~
('OE,mWnCemenrr D3te Ad\Hl0\\ !edigemenl
P~1iddl]g G2Il'"age @ BlocI-;. 69
f or purposes of Article J of ('onstrtlction Conn-act between Block 77 DneJopment
Group, LtC, (Owner), and ('B Construelm-s. nne, (Contractor).
The undersigned acknowledge that Commencement Date for purposes of Article .3 of
Construction Contract for Parking Garage at Block 69 is 2006,
Owner: Block 77 DeHlopment Group, LlC,
B~:
ContracJor: CB Constructors. Inc.
B~: Michael C Ta~lor - President
I
!"
I,
JE:\hibit 5
Qualificaltions and! JE:\dusion1s
Parking Garage @ :Block 6~
DhisiolI1i ] Genera! ReQuiren}ents
r.] Existing Conditions: fhe prOJect has been pre\ i(1u:-.ly cleared and fenced b~ lll!1ers,
Any errors or omissi(lns due 10 the work (If (1ther-: prior to this Contract shall not be
binding upon this Cnntract in any \\3Y or manner. The Owner assu'mes all
responsibility for payment of all pre\'ious work and shall pro\'ide all informatil..ln
regarding any previouc, contracts or liabilities to the Contractor and shall hold harmless
Current Builders from an) lawsuits that ma) result from previous work that was
perfoI1l1ed,
].1 Basis of Contract: This contract is based upon dr3\\ings as outlined in the Plan Pages
exhibit. Any other discussions regarding changes 10 the drawings are not included in
the cost and shall be done through the change order process,
] 3 Interferences: Certain known interferences exist at the time of this Contract and will
Ileed to be re:;cl]ved prj(lr to commencement of the \\ork. One such interference is the
adjacent owners commencement of operations for a building that must be halted in
order to perfonn the ~heet piling operation of this project. Other factors requiring
resolution is the possible relocation or shutdown of electrical power to perfonn sheet
piling. Application of the exterior finishes is subject to adequate access. Contractor is
not responsible for an~ encroachment issues where finishes are at or beyond the
property] ine,
1 A Street Closures: This Contract is hased upon the Owner recel\Il1g apprmal from the
local government agencies for street closures. Price is predicated on closing one-half of
Sf ] SI A \'enue for the t-ntire project duration and complete closure of the street at the
Contractor"s discretion, Contractor shall be allowed to close the alle~ on the \\'est side
of the building at the Contractor"s discretion
1.5 Specifications: Tht ~I'E'cificatj(lm listed as "BJnck 69 Garage Project Specificatiom
Preliminar)" i~sued by Perez Design, Inc. and dated January 20, 2006. are excluded
Any other separate speuficaliom, as m3~ he referl'nced ill the CC\J1tract documel11S are
excluded from the General C\1ntraCll,r's scope tlf \\ Ilrk In the e\t'lll (1f an~ conflicts
j'C't\\u:n the requiremtl1l:-' \.'1 the [\)mnlC[ documellt:, LInd thr itrll1.\ incIuclrcl III tIle
C\1[1lr:KICI!'" quallfil'ati, '115. the C\lntl'::KtClJ"S qualjfic~.l!il.'I1" shall ~O\ ern,
] (1' Threshold Unspenioll\' Thre,lwlcl 'llt'C1:t1111'I't'LlI<I11', \\hiLh ,hrill be paid II'! 1,\ tilt'
U\\llt'r,<;hall IflclLllk ; II SlrUL'lIH:l1 Il1Spt'CI11Il1' LI'11'I<;[JI1)2 Ilf f,'lundaIJ(,n<;, :lIl ,Lit"
! ) ~ ' i _ ( I "
,/ I';" ! ""
I'
/.)." ::'~' I 1; , , '~. t " h! I:.. ~ f \1;
\l'li'c;ill"'lIllrJ~, '11lJl IJr,i! ,1:11" l'lJildlll::' e'llle'l 1III1lil'II' M)d :i11 1:),11 tLllnlll~' ,i
In,l\ ht' reljulreci h\ Iht Q(1\ erIlJl1,Q I'uildin~ ,1l1l/]'lrIt\
7 COlml~ Sp{'cnCl! llnspeUions: Inspt:'l..li()n lee.". :j\\tlcuted \\1111 al1~ Spel.J3! m~peCll\1I1S /1\
d11\ efltlf\ ha\ I))~ JUrI~(/lltj()rll)\ t'r [!)II, prellec[ M(, 11,1[ ir1L'ludeti 111 rhll, u1fJlract
] ,1'\ Tempm"ary ltilities: Pe,wer al1d computer dala p!wne lines t01 temporary constrUCl](l))
trailer Jnd u1m!l(lund I,haJJ he F:lilable from Ihel,tT\ ice !1f\1\ ider [0 the 1Il[eric1T of [he
I,Ile 31 the l,(an t)f Ulmlructl())) In [he e\ ent thai pCi\\er i~ nll[ :l\ ailahle fur the hudding
L(ll1struuiun the O\\ner shall prc1\ lde for and ra~ usage CUl,(S felr ternf1C)r3ry pC1\ver 1\1)
the co))struct]()n trailer and cc1mpc)unc] from generators or other sImilar source sufficiel1t
for [he needs of the project
H, {)I Permanent Power: Pe, manenr PO\\ er must he a\aiJable pricH' to receipt of Cenificate<.,
()f Occup3nc) The Ov,ner shall pay for all deposits and cC1I1Sumption ot pennaneIll
power and the ComraclC1r shall ha\e use of the pc)wer for fire alaml testing. equipment
qan up and punch out
!, ! 0 Testing: C\mcrele testin.2 and soils testing are h\ the Owner
1.1] Owner's Stock: An) requirements l'or O\\ner"s stock are excluded
1"12 De\eJopers Agreement: Should the water ami ~e\\er be (,\1l1\e\t'd to [he utillt\
depanmen[ and if any malTllenance bonds 3re requIred, the C(1J11raClOr's subcontractor
shall procure the bClnds, tIlt' ('11S[ (If \\hich shall he p:ud for h~ the Owner
],13 Special fees: lmpacl f(e~. tap fees. water meIers, \\(ller meter deposits (lr settill~ \)/
water meters are nnt a part of thIS contraC1,
R,]-i Special Permits: Tree re!1lO\ al ptTI111lS 51 )uth F111rida \'>ClU:T !\lanagemem DiqriL I
permits, DER permits DERM permits. Sltt' del t'lopment permits. ltilit.~ Depanmenl
permits, DOT ren11lt~. En\J1\lnmental permit~ and Health Department permits ha\ e nOj
heell illL'luded in the ('11J11raLl
] I ~ P(Jrmits: 11 Il the 01\ neTS resp\)l1lll,illl\ 1(1 1\](\\ ](1e ;lIld P:1\ I,\r :1J1\ lel]lllred hUllciill\'
Jnd \I{t' 1't'11lI)[\ C 0 kt', [11:111 Ie\ It'\\ ItTI, :md :111\ ot!lel reqUired [1L:'111111\ dllll I'l
:11'1'1\'1;11, re!;illll).' III hUlldlI1!:, cll1tl cile ll'll\llllllj('ll 111 \utTi('i(:,lll 1/111e :I~ nl:1\ 11(:' 11eelinl
I , I I t i1 C' 11111 e i \ .I111J dill i C Il t II I r 11, I n J II ], 1 11 ,1 t i lie I) Iii I e ,l rill C, \ III I :ill t 1 1 f I I U \ 1\ k '
1'(,1i1111' ,11l1\ riiJ eml',if;ll\ !:JlJlllll'C If IfI\.' il11111IlI[1:llll\ 111Im' rill' llulllt'cr I I
111'I)tYII<111' "II .111\ ,,-'/llT 11.(1 ;111 c:\Il.'IJ...j'\IlI'lli!11C ...ILilI I,t' c'r::Jllc"!
" ,
i !-~
I,! (1 G21S \nilig2~ion: :\m, (1q, J5<'()cialed \', ith I11I1]~,l!i('ll of radClll (1r methane ~J~."Jl(\uld
lhe\ he presellt durJl:~ C(lllstruClIl111 III ~dic'r I.cll1ll'ktic,n (11 Ct'nqructic,n, 3re 11C\t
IIlL'luded
], n 7 "01' Equ2Ir'; Where product:; are qualified as ..(\) equal", the oprion remains with the
Contractor
].18 Jobsite Security: Full time Jobsite securir) is included.
L 1 Q Fencing, windscreens or other methods e1[ comainmg the fill stored at rhe Owners
offsite location as \\ell as an) clean up of the surrounding areas are excluded,
Diyision 2 - Sitework
1.1 Sun-eying and Layoul: Owner shall pro\ide all horizontal and \enicaJ controJs and
boundary suney in a CAD format. Contractor has included sun eying for building pad
local ion and elevatiom. building corners. spot sun'e) and final suney conforming to
AL TA standards. Tie~in sun'e), water. sewer. drainage. paving and as-huilt drawings
of tho:;e items are included. Creation of any utilit) easements such as FPL or any other
senice emit\' are excluded,
2.2 Site Preparation and Earthwork:
2,2. ] The conditions uf the subsurface soils are assumed to be as represented by the
subsurface expl(\ration report by Dunkleberger Engineering & Testing. Inc.,
Dated August 15. 1005, The Contractor does not assume responsibiJity for
unforeseen underground conditions.
I I I Demolition of buried ranks, wells. septic tanks and drainage fieJds, and am
other unforeseen ilems not identified on the drawings are not inc luded in this
Contract.
I I -:; Eanh\\ork is limIted to all work within the pruperty line. and to the back of the
srreel curbs The earthwork: shall Cllrnmence upon completion of the sheet
piling and shall ;',e e\ca\aled 10 ele\3tion -J (r-Cf' (7.QO datum). The nCd\'atecl
<;(lj Is shall he sU1ckpiled at the Owner's adjacent lot within ] block of the
I'nljeCl, ShOll]\.! the stockpiling of the s(lils he directed to another 1(1cation.
COl1lri.lClpr ~hal' :It' reimbursed an) C()sts aS51lcialeu \\ ilh this chanf!e in !ocelliun,
,\11) h3ckfill material" \\ ill be furni,hcd frlllll rhe q()ckpiled ('xe3\ 3fed ;:'\Iib al
11(\ :idditionaJ co:;r 10 the COl1lracte>r
-',2 -+ Re!ilC;:I[jllll ,,1 l'!llllies SIgnals' Am l(lSIS aSS()(13ted \\iLh rel(lcltll)]l 11/ !'()\it'!'
P\lle". rekphl)Ile ]111/e,. and lralfil '1!Clla1izcl[j\1!l. are !l,l[ Illcluded
t l' ~ ( I,] , _:. '.' l-~, I \,!_ I' \
I',!ft., 1'.~ (~.l, :...'(. ;: I~I' \~ L (\\
::.o_~ \ ihro-Cmnp2Jc!ion: \11 \ 1!'](ICl)mj1;.:lClI1\11 ~hdll be III ciCl\'I daJllt' 111111 lilt
1t'C\1Illmendati(lm ,,j [lit, S,lll~ Rep\\rI 1,\ Dun~leht'r!::'t:l l-nEIIlt'tTing & TeqlJ1:-.' !ill
Daled AugUSl .::~, '::OO:~
2ASIWE't riling: All sheel piling shall t)t' pertClrmed 111311(1\\ the t'\C<l\all(ln (If the ~\l]J:.. Il'
perform the foundatJons ;ind ~Iahs al ele\ atwn W'O", and the associated ele\ Jt\'1 pll
foundat]\)[1s aTld wa]l<; A.Cj~ l1ecessar~ relocations (\j pInIer poles and \11' power lines I\r
dny other ohslructleHls th.ll may hinder the sheer pIling operations are excluded The
II1stallatinn of rhe sheetpiles \1 ill cause [he loose sand.' t(l settle and might CJme damage lei
existing utilllies, roadway", 'Jdewalks, paYers, etc ,Hayward Baker has not included am
COSts 10 monitor. surveyor repair damages caused by \ ibrations while instaljing sheetpiles
Hayward Baker \\ill not indemlllf, the Contractor or an~ other party for such damage."
Any repairs 1(1 niqin!~ structures. roadways, side\\all\s and utilities 10 he performed 1,~
others
2.5 Concrete Payer Cnits: Concrete pa\ er units shall be installed at the side\\alk along SI.
1 S /\ \enue ami is limited ((l the frontage of the proposed ,Q:arage on]y,
2,6 Asphalt Paying: Asphalt pa\ing is limited Ie) the dri\e\\ay approach from SE l'
A\enue to the garage, Asphalt pa\ing shall comIc;] of l'::" compacted sub-grade, S"
IlmerocK hase, Jnd 1.1.)" T\pe 5-3 Asphalt paling \Vhere roadway asphalt pa\'ing IS
disturbed for installatlu!] of utilit\ impro\ementl.. repairs to such asphalt shall be III
aCL'\)fdance \\ ith the Ci\ II drawings
2,7 Concr-ete Curbs: Streef curb work is limited 10 lhe \\('51 side of the street within the
frontage of the proposed garage,
2,8 PaH~ment i\Iarking: Traffic markmgs are limited tel the parking stnpes. wheel stop.",
handic(1p parking, cross-hatching of pedestrian ways \\ ithiIl the garage as depicted (\n
the drawing, All p3\eT11ent marking shall be painted
2.9 Site Storm Drainage: SWrm Drainage shall he lImited to the CI\i! dra\\ings Ci;11t.'
stamped September 1, 2005 The q(lrlll dralI1age pIping senlf1g the east <:ide l)f SF I
.\ \enue J<: excluded rhe remO\ al of the storm dramage piping along the c.()uth
pn)per1\ line \\]11 he pcrf\)rmed h\ others and IS t'\c1uded (rum ()ur (\\nTr3ct (Ill]
I\()r~ IS lIr11lted 111 the ~\(1r111 dr:'lInage <;yqefll \\Ithin the garage and the Ilelll l11t\l thl'
t>\lqll].L'~()' '-l(lrfll dralll :ilul1g SF! r\\t'lll1C The I,urnp ."tdlion Indllatcd :II.. D;, I'
Il()1 detaIled Ihere/IIJC ,:11 all(m;.Jlllc \)1 So !()(\OO I' f1111\ Jekel /')1 lllll.. Itl'm
l'iH Haler Di"lrihlltiOnJ: \\111.'1 '-e!'llll' [I' !llllldlllO' ,I' IILJllalc11'.lJj (hl' (,[\11 dr:I\\Ill.O':-
: i
I,; ,I
I'
,', iI, I
2,1:1 landscaping: ,-'\11 lanehcaping per landscape liJ';:J\\ing L-]
.,. ] 1 lLawn Krr-igatioI1!: lrrigJtjon dr3\\ing~ \\ ere not included in the cnntract documents. The
lawn Irrigatie1n 5~ stem i~ a design build item and shall be submitted b) irrigation
~u bcontractor for apprma], An~ de\. iations from the design- build irrigation S) stem
shall be handled through the change order process
2. U Dewatering: All required permits for tbe dewatering operation and for the disposal of
the effluent water in accordance with applicable codes and statues are excluded.
Division 3 - Concrete Work
3,] All concrete work is per plans as outlined in the Plan Page Exhihit.
3.2 This Contract is based upon Coreslab Strucrures Contract dated April 20. 2005.
Cores lab Structures Change Order #1. dated November] 1, 2005, and Change Order #2
dated January 3. 2006, ' Any pricing changes by Coreslab Structures beyond these dates
are excluded.
Division 4 - Masonn
4.] j\'1asonry wall located on first floor near grid lines A and l. are priced as 8" CMU
masonry in lieu of 4" n1aSOill\',
Division 5 - lVIetals
5.1 Trench drains indicated on structural drawings at Basement Ele\'ations _ lCro" and-
6'4" are excluded,
5.2 Cable Rail: Cable Rail for Detail A,1O is b\ Braun Companies or equal.
Division 7 - !\1oistm-e Protection:
7.1 \"aterproofing: The \\'aterproofing of the perimeter walls bekl\\ Qrade and
\\ dterproofing of the (01' Inel nr rhe garage.
7.2 ROllf Tile ~ha]] be H3nscln .. Hacienda" or equal
7.J R\)(lf rneml,r:me at e'le\;lfc1r rtl(lf shall he a single ]'1:- ~\stt'lll.
I.. 'i. ( '.. c', ;; H
r),;;i..;_~ (~,~, :..(',-'~' f-; "\. r. (\~
Dh iSiOl] ~ - Doors I..~ H2Indlvi' rt:
~ l H(,II(l\\ \lel:1I cJ(1t))~ h:111 he ~(I ~,IU~c' ,it)l'f' \1 llh ! S )2aU2t' d(1\.'Ifr:1IJ1cc",
rnanuJ3C[Uled h\ BnIJ1S\'lC~ f)l)tlr (11 t:'qual
8.2 Hard\\are shall he :lS nunufactuled h\ lhe 1,11It\\\ 11l~
8,2.1 L\l('k~c'IS and panic harJ\\:lJe shaJI be d" mdJ1lIIactured b\ Cal-R(l\aL K\\lk5et llf
equal
8.2.2: Clusers shall be as manut1CtUlcd b\ I ( :\ ()r equal.
Di\ision 9 - Finishes~
9.1 L\J] handin)2 columns. and keyqone features 1(\ he Sf) )(lfoal1l hard coal finish,
9.2 Precas1 wa]1 panel<, [0 nyci\ e 3 IntuIT Cllar 11f1lsh
QjvisionjQ Specialties
HU Awnings: The awning frame is 10 be 40 gauge gal\3nized sleel pipe The 3V\ning t~.J.bm
IS to he U Sunbrella" or eqllal ,'\ wnjng colors 3re to he solid 31 the umbrella qyle
awnin!2s and striped at the lean lJl q~ lc awnilli,!.'
Divjsion) 4 _-=----~l.<.'vato~.:.
14.1 Elevator shall he 3 piSfun type <,ingle cab \\ ith a ::~()()pound cap3cJt\, Cd, fjnish shall
he plastic lamjnate panels with haked enamel \\alls ami st31llless qeel 1"' X I:>" flat
handraiL Cab doors shaJI be #4 stainless steel
Division 15 - Mechanical Svstems
15.1 Plumbing Systems:
15.1.] The ele\:Hor SUIT1P pump draill riping IS indlCaled to dralTl into the alley along
1l1e \\est wall, per the plurnhin~ drawlf1~s Contractor assumes flCl responsibillt\
f(II srnjltLlre~ or "ther lI1eth()d~ (\{ keeplf1g flollLltal1t~ out of the s{c,rm system,
15.1.2 V\ater riplI1~ i~ ncluded
Di, is ion 16 - Electrical
~-~~_._- --------,-----
! hIS It t' II!! h [I IH.' 1<, e \ cl LI d eel
16.1 FP&L prlll1dJ'\ 1\'lIdulT d'ld teedcr~ are c\clud\::'d
](],3 fc,it'[I!lnl1e l'(111ellll! :ll1d Ic'edte'! dIe t'\tluded
~6,-! "nUIII\ .c,\'It:'Il1' ;llc e'\lli,l\k\t
(I I
I, '1
[ji,'
Exhibit 6
Allowances
Parking Garage @ Block 6'9'
E~c;l]atJ(\n Gt'neral CllJ1structi.11l Plans CC1J1tingenc~
ProtectiC)Jl and Repair of Adja,'em Properties
Signage
Draimtge Pump Station,
I" ',C:',
f': ,',' "'"
I'.
I' ,'I. ~ ('. '_',
. S400.000,OO
::;0,000,00
'" 7 .500.00
, ] 0,000,00
f '.! !,\
IX. NEW BUSINESS:
A. CONSIDERATION OF MLK SELF-ASSEMBLY
ADDED TO THE ILA AND RESOLUTION FOR HOB PHASE I
EMINENT DOMAIN PROCESS
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned i!!!2
Meetin!! Dates Turned into CRA Office Meetin!! Dates CRA Office
0 Janual)' 10,2006 December 27,2005 (Noon,) 0 July t1, 2006 June 27, 2006 (Noon)
f] February 14,2006 Janual)' 31,2006 (Noon) 0 August 8, 2006 July 25. 2006 (Noon)
0 March 14,2006 Februal)' 28,2006 (Noon) 0 September 12,2006 August 29,2006 (Noon)
[J April 11, 2006 March 28, 2006 (Noon) 0 October 10,2006 September 26, 2006(Noon)
. May 9, 2006 April 25, 2006 (Noon) [J November t4, 2006 October 31, 2006 (Noon)
0 June 13, 2006 May 25, 2006 (Noon) [J December 12,2006 November 28,2006 (Noon)
NATURE OF
AGENDA ITEM
o Consent Agenda
o Director's Report
o Old Business
. New Business
o Legal
o Future Agenda Items
o Other Item
DATE:
April 28, 2006
SUBJECT SUMMARY PARAGRAPH:
The HOB Phase I Self-Assembly group owns four properties within the Phase I project boundaries (3 owners). In
order to prevent the loss of momentum for the Phase I project, staff has recommended that the self-assembly
properties be added to the list of eminent domain properties. This ensures that if one or more of the owners
ultimately decides they do not want to participate in the self-assembly, the project will still move forward.
The City attorney has prepared a First Amendment to Agreement for the Boynton Beach Heart of Boynton Project
- Phase I and a Resolution of Public Necessity for Board approval.
RECOMMENDATION:
Approve the First Amendment and Resolution.
FISCAL IMPACT/FUNDING SOURCE:
Legal, appraisal and survey expenses to be determined. The CRA will be liable to purchase the properties. The
appraised value of the self-assembly properties has not been determined as of this date.
AL TERNATIVES:
Do not approve the First Amendment and Resolution.
CRA STAFF:
/ J '--'-'-
. . 'A g;i;-f!;,/-
. /f i. /J
\Yfllian L. Brooks ',.
CRA Planning Director
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTSICompleted Agenda Item Request Forms by Meetingl06 05 09
CRA Board MeetinglHOB Phase I Necessity.doc
FIRST AMENDMENT TO
AGREEMENT FOR THE BOYNTON BEACH -
HEART OF BOYNTON PROJECT - PHASE I
This is a First Amendment to the AGREEMENT made and entered into on the 18th day of
October, 2005, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY (hereinafter "CRA") and the CITY OF BOYNTON BEACH, Florida (hereinafter
"CITY").
WHEREAS, the CITY and the CRA entered into an Agreement for the BOYNTON BEACH
HEART OF BOYNTON PROJECT (hereinafter "HOB") - Phase 1 on October 18, 2005, a copy of
which is attached hereto and incorporated herein as Exhibit "A" (the "Agreement"); and
WHERAS, the CITY and the CRA desire to amend the Agreement as provided for herein;
and
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are
acknowledged, the CRA and the CITY agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby
incorporated into this Agreement.
2.0 Paragraph 2.3 of the Agreement is amended by substituting Exhibit "D" attached
hereto in place of and instead of Exhibit "D" to the Agreement.
3.0 Paragraph 3.1 of the Agreement is amended as follows:
The CITY, upon the request of the CRA, and in its sole and absolute discretion, may
acquire, elect to file, maintain, prosecute, settle or otherwise dispose of any eminent domain action
for the purpose of acquiring the HOB property identified in Exhibit "D." Exhibit "D" to the
Agreement is amended and replaced with Exhibit "D" attached hereto. Should the CITY acquire
properties through the process of eminent domain for the CRA as described in Exhibit "D" which has
been amended, then the CRA shall pay for all of the CITY'S costs of said properties' acquisition
including, but not limited to, all litigation expenses, attorneys' fees, expert witness fees and costs and
compensation paid to any property owner or other interested party.
4.0 All other provisions of the Agreement remain in full force and effect, except to the extent
modified herein,
5.0 Effective Date.
parties.
This Agreement shall become effective on the date last signed by the
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
Page 1
KLE/bb
T:\DEVEWPMENT\HOB\Eminenl Domain\BBCRA HOB [LA Amend 37 \i6 (4 26 \i6),doc
Signed and Seal and Witnessed
in the presence of:
CITY OF BOYNTON BEACH, FL
Witness
Mayor
DATED:
Witness
ATTEST: Approved as to Form:
City Clerk City Attorney
Signed, sealed and witnessed in the CRA
Presence of:
Witness Chair
DA TED:
Witness
Approved as to Form:
CRA Attorney
Page 2
KLElbb
T:\DEVELOPMENT\HOB\Eminent Domain\BBCRA HOB ILA Amend 3 706 (4 26 06).doc
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY
4 OF BOYNTON BEACH, FLORIDA, DECLARING THE
5 PUBLIC NECESSITY OF ACQUIRING PARCELS OF
6 PROPERTY MORE PARTICULARLY DESCRIBED ON
7 EXHIBIT "A" ATTACHED HERETO FOR THE PURPOSE OF
8 IMPLEMENTING THE HEART OF BOYNTON COMMUNITY
9 REDEVELOPMENT PLAN; FOR THE PURPOSE OF
10 ACQUIRING FEE SIMPLE TITLE, REQUIRED FOR THE
11 ELIMINATION OF BLIGHT AND SLUM AND FUTURE
12 CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S
13 ORIGINAL REDEVELOPMENT AREA WITHIN THE CITY
14 OF BOYNTON BEACH, FLORIDA; PROVIDING FOR AN
15 EFFECTIVE DATE.
16
17
18
19 WHEREAS, the Boynton Beach Community Redevelopment Agency ("CRA") has
20 formally requested and the City Engineer has recommended that the acquisition of certain real
21 property as a Fee Simple estate is necessary in order to eliminate blight and slum and for the
22 construction of future improvements to implement the Heart of Boynton Community
23 Redevelopment Plan; and
24 WHEREAS, the funds are available for the acquisition of these needed parcels; and
25 WHEREAS, this Board finds and agrees that the acquisition of the real property
26 described in Exhibit "A" as a Fee Simple estate is for a public purpose, to wit: Fee Simple
27 estate essential for elimination of blight and slum and certain future improvements to the
28 City's original redevelopment area pursuant to the Heart of Boynton Community
29 Redevelopment Plan adopted by the City Commission as part of the CRA's Community
30 Redevelopment Plan; and
WHEREAS, in order to accomplish the acquisition of the needed property for a Fee
2 Simple estate, it is necessary for the City Engineer and the City Attorney to take legal action
3 and to employ real estate appraisers and other experts deemed necessary; and
4 WHEREAS, the area designated as described on Exhibit "A" attached hereto has
5 heretofore been located and surveyed,
6 NOW, THEREFORE, BE IT RESOLVED BY CITY COMMISSION OF THE
7 CITY OF BOYNTON BEACH, FLORIDA, THAT:
8 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
9 as being true and correct and are hereby incorporated herein. All exhibits attached hereto are
I 0 hereby incorporated herein.
1 1 SECTION 2. It is necessary, serves a municipal and public purpose, and is in the best
12 interest of the City of Boynton Beach to acquire the fee simple estates as set forth in the
13 attached Exhibit "A", to eliminate blight and slum and for the future improvements to the
14 City's original redevelopment area, pursuant to the Heart of Boynton Community
15 Redevelopment Plan.
16 SECTION 3. That the properties described in Exhibit "A" attached hereto and
17 designated as Parcels 109, I 1 I, 113, 117 and 121 and the same are hereby ratified, confirmed
18 and found to be necessary for acquiring the fee simple estate to eliminate blight and slum and
19 for the future improvements to the City's original redevelopment area, pursuant to the Heart
20 of Boynton Community Redevelopment Plan, The City of Boynton Beach shall acquire fee
21 simple title to said parcels by gift, purchase, or eminent domain as described in Chapter 166,
22 Florida Statutes, and Chapters 73 and 74, Florida Statutes. That acquisition of said parcels for
23 this project are necessary and serve a public purpose.
2
SECTION 4. The City Attorney shall first attempt to acquire the property through
2 negotiations at a price agreeable to both the sellers, if found and determined, and the City of
3 Boynton Beach; however, if such negotiations fail within a reasonable time from the
4 enactment of this Resolution, the City Attorney or the City Attorney's designee is authorized
5 and directed to institute a lawsuit in the name of the City of Boynton Beach, Florida, and in
6 the exercise of Boynton Beach's powers of eminent domain for the purpose of acquiring the
7 parcels described in Exhibit "A", attached hereto, and is further authorized and directed to do
8 all things necessary to prosecute such lawsuit to final judgment. In pursuit of such
9 authorization and in direction, the City Attorney or his assistant or designee, is specifically
10 authorized to sign and file a Declaration of Taking so that the City may avail itself of the
11 provisions of Chapters 73 and 74, Florida Statutes, and the City Attorney or his assistant is
12 further authorized to accomplish the acquisition of said parcels by settlement and compromise
13 in those instances where same can be effected in accordance with the terms, conditions and
14 limitations established from time to time by the Boynton Beach City Commission.
15 SECTION 5. This Resolution becomes effective immediately upon its passage and
16 adoption.
17
18
19
THE REMAINDER OF THIS PAGE IS
INTENTION ALL Y LEFT BLANK
3
PASSED AND ADOPTED this ~_ day of May, 2006.
2
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CITY OF BOYNTON BEACH,
FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
4
1 EXHIBIT "A"
2
3
4
5 Parcel 109 - Young
6
7 Lots 1, 2, and 3, Block 1, FRANK WEBBER ADDITION TO BOYNTON, FLORIDA,
8 according to the Plat thereof, as recorded in Plat Book 9, Page 3 of the Public Records of Palm
9 Beach County, Florida
10
11 Parcel 111 - Berry
12
13 Lots 3 and 4, Block 5, PALM BEACH COUNTRY CLUB ESTATES, according to the Plat
14 thereof, as recorded in Plat Book 11, Page 43 of the Public Records of Palm Beach County,
15 Florida.
16
17 Parcel 113 - MPLF
18
19 Lot 6, Block 5, PALM BEACH COUNTRY CLUB ESTATES, according to the Plat thereof,
20 as recorded in Plat Book 11, Page 43 of the Public Records of Palm Beach County, Florida.
21
22 Parcel 117 - Ulusoy
23
24 Lot 3, Block 4 PALM BEACH COUNTRY CLUB ESTATES, according to the Plat thereof,
25 as recorded in Plat Book 11, Page 43 of the Public Records of Palm Beach County, Florida.
26
27 Parcel 121 - MPLF
28
29 Lot 7, Block 4 PALM BEACH COUNTRY CLUB ESTATES, according to the Plat thereof,
30 as recorded in Plat Book 11, Page 43 of the Public Records of Palm Beach County, Florida.
31
32
5
IX. NEW BUSINESS:
B. CONSIDERATION OF DRAFT RFP SOLICITATION
FOR HOB PHASE I
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 into CRA Office Meetin!! Dates CRA Office
D January 10, 2006 December 27, 2005 (Noon.) D July It, 2006 June 27,2006 (Noon)
[] February t4, 2006 January 31,2006 (Noon) D August 8. 2006 Juty 25,2006 (Noon)
D March 14,2006 February 28,2006 (Noon) D September 12,2006 August 29, 2006 (Noon)
D April II, 2006 March 28, 2006 (Noon) D October 10,2006 September 26, 2006(Noon)
. May 9, 2006 April 25, 2006 (Noon) D November 14,2006 October 31, 2006 (Noon)
D June 13,2006 May 25,2006 (Noon) [] December 12,2006 November 28, 2006 (Noon)
NATURE OF
AGENDA ITEM
D Consent Agenda
D Director's Report
D Old Business
. New Business
D Legal
D Future Agenda Items
D Other Item
DATE:
May 1, 2006
SUBJECT SUMMARY PARAGRAPH:
The Florida State Legislature is moving rapidly to limit the use of eminent domain for redevelopment purposes.
The legislature is proposing that all eminent domain actions in process, such as HOB Phase I, will have until
October to select a developer for their projects.
In light of this new policy development, staff is recommending the approval of the attached Request for Proposal
(RFP) for the HOB Phase I project. The proposed RFP timeline is sufficient to meet the date imposed by the
legislature. The RFP will be published and sent to a comprehensive list of developers.
RECOMMENDATION:
Approve the RFP and its distribution.
FISCAL IMPACT/FUNDING SOURCE:
None.
ALTERNATIVES:
:::::~:etheRFP> '/ ~~ /~
VivianL.13rooks/
eRA Planning Director
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 05 09
CRA Board Meeting\HOBPhsIRFP.doc
Request for Proposals
Heart of Boynton Community Redevelopment Project
The Boynton Beach Community Redevelopment Agency is soliciting proposals from
qualified developers to implement Phase One of the Heart of Boynton Community
Redevelopment Plan, Interested parties are encouraged to familiarize themselves with
The Heart of Boynton Community Redevelopment Plan The Plan is available on-line at
www,bovntonbeachcra.orq under the Planning heading.
Background:
The City of Boynton Beach, with a population of about 66,000, is the third largest city in
Palm Beach County, Florida, It is located approximately 45 miles north of Miami and 15
miles south of West Palm Beach This places Boynton Beach in the heart of southeast
Florida's rapidly growing tri-county Miami-Dade/Broward/Palm Beach Metropolitan area.
Boynton Beach has direct access to the Intracoastal Waterway, Interstate 95 and the
Florida Turnpike. It also has a market of more than 6 million people within a two-hour
radius and easy access to three international airports, two major rail lines, as well as the
Tri-Rail regional commuter rail system.
The City has introduced improved land use and zoning changes in the CRA These
changes have already attracted several residentially based mixed-use developments to
the city's downtown core and along the Federal Highway corridor,
The Heart of Boynton area consists of approximately 338 acres located immediately
northwest of the downtown. According to the 2000 census, the demographics for the
area reflected 3,193 people reside within the Heart of Boynton, 89 percent African-
Americans with a median household income of approximately $27,000 per annum,
Project Description:
The goal of the Heart of Boynton plan is to promote economic revitalization through
selective property acquisition combined with new single family and multi-family housing
infill development. The objective is to introduce housing and amenities that create an
attractive environment to moderate-income families and working professionals while
maintaining the basic character, scale and integrity of the community.
To this end, an approximate four square block area, centered on the intersection of
Seacrest and Martin Luther King Blvd, (10th Ave.), has been selected as the site for
Phase One of this redevelopment effort (See Attached Project Area Map). The selection
of this location was influenced both by its high visibility and the opportunity to remove
several long-standing blighted influences in the core of the community.
The Community Redevelopment Agency and the City of Boynton Beach are majority
stakeholders in the Heart of Boynton along with several parcels completing the
condominium cycle,
The project area is east of Seacrest to NE 15t Street between 9th Avenue and the middle
of the block between MLK and 11 th Avenue. Approximately five acres have been
3
selected for a mixed use development composed of multi-family housing structures
complemented by neighborhood commercial retail activity. The area is currently zoned
C-2 Neighborhood Commercial and R-2 Duplex Residential.
The area west of Seacrest to NW 1st Street between MLK Blvd. and 11th Avenue,
consisting of approximately 5.3 acres, has been selected for new single family housing
(estimated at 25 units), The area along the south side of MLK, immediately west of
Seacrest will become part of an expanded Sarah Sims Park. +It is expected that the
new development will compliment, not replicate, the existing physical character of the
community. Accordingly, building heights should not exceed 45 feet and the style; color
and building materials should reflect the sub-tropical characteristics of South Florida and
the Caribbean (Floribbean).
The Proposal:
The development proposal should include the following:
A written general statement of the qualifications of the proposing firm or entity,
including examples of experience with similar projects, as well as background
information on the principals. A copy of the most recent Federal Form 254 should
be provided, if available. If the selected development entity is a public
corporation, it may also be asked to provide copies of its annual report or SEC
filings as appropriate.
A written list of projects developed by the entity including photos, addresses and
project information.
A written list of the professional team members and a description of their
experience with similar projects,
Proof of financial capacity to complete the project.
A detailed description of the proposed project, with text and graphics. This should
include a schematic site layout plan, with parking locations and typical floor plans
and elevation diagrams as appropriate.
An estimate of the number, size and sales price or rental rate of affordable units,
both residential and commercial that will be donated to the Community Land
Trust.
A preliminary development proforma, The development proforma should include
the amount the proposer is offering to pay for the land,
A statement outlining the role, if any, a local non-profit Community Development
Corporation would play in the proposed development project.
A promotional PowerPoint presentation, consisting of between 10 and 15 slides
should be available for a possible post submission inteNiew.
Evaluation and Selection:
C:\Documents and Settings\zitcerp\Local Settings\Temporary Internet Files\OLKCB\HOB-Phase1 RFP,doc/
4
A five-member committee composed of Community Redevelopment Agency and City of
Boynton Beach staff, as well as selected members of the Heart of Boynton Community
will conduct the initial evaluation. Of particular importance to the Committee will be the
compatibility of the project with the desired character of the community, the developers
experience with projects in similar communities and how the developer views the role of
the local community development corporations, The committee will select the top two
development proposals which will be presented in a PowerPoint slide presentation
before public officials and a group of community residents.
Following this public presentation, a developer will be selected and the City and/or the
Community Redevelopment Agency will then negotiate a contract for the sale of land,
Timeline:
May 15, 2006
May 30, 2006
June 28, 2006
July 10, 2006
August 7, 2006
September 29, 2006
Request for Proposals is Issued
Information Meeting for Interested Parties
Proposal packages due by 4:00 pm
Review and selection of top two proposals
Presentation of top two proposals to CRA Board
and selection of developer.
Negotiation of development agreement terms.
Submittal Requirements:
To be considered, ten bound copies of the Development Proposal should be submitted
to the following:
Lisa A. Bright
Executive Director
Boynton Beach Community Redevelopment Agency
639 E. Ocean Avenue, Suite 103
Boynton Beach, FL 33435
Submittals should be received no later than 4:00 pm Eastern Time on Wednesday, June
28, 2006.
A pre-proposal meeting will be held on May 30, 2006, at 10:00 am at the Community
Redevelopment Agency offices, 639 E, Ocean Avenue, Suite 103, Boynton Beach, FL
The purpose of the meeting will be to introduce the project team and answer any
outstanding questions regarding the community, the project or the submittal and
evaluation process,
Contacts:
All correspondence and requests for information regarding the Heart of Boynton
community, in general, and this project in particular, should be directed to:
Vivian L. Brooks
CRA Planning Director
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639 E. Ocean Avenue
Suite 103
Boynton Beach, FL 33435
Telephone: 561-737-3256 Fax 561-737-3258 E-mail brooksvi@ci.boynton-beach,fl.us
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IX. NEW BUSINESS:
C. CONSIDERATION OF CONTRACT WITH
CULPEPPER & TURPENING, INC.
FOR CRA TIF ANALYSIS AND FORECASTING
BOYNTON BEACH CRA
AGENDA ITEM REQUEST FORM
Requested CRA Date Final Materials Must be Requested CRA Date Final Materials Must be Turned into
Meetine. Dates Turned into CRA Office Meetine. Dates CRA Office
D January 10,2006 December 27, 2005 (Noon,) D July 11,2006 June 27, 2006 (Noon)
D February 14, 2006 January 31, 2006 (Noon) D August 8, 2006 July 25, 2006 (Noon)
D March 14,2006 February 28, 2006 (Noon) D September 12,2006 August 29, 2006 (Noon)
[[] April 11,2006 March 28, 2006 (Noon) D October 10,2006 September 26, 2006(Noon)
. May 9, 2006 April 25, 2006 (Noon) [[] November 14,2006 October 31,2006 (Noon)
D June 13,2006 May 25, 2006 (Noon) [[] December 12, 2006 November 28, 2006 (Noon)
NATURE OF
AGENDA ITEM
. Consent Agenda
D Director's Report
D Old Business
D New Business
D Legal
D Future Agenda Items
D Other Item
DATE:
May 1 , 2006
SUBJECT SUMMARY PARAGRAPH: CRA Policy has been impacted of late regarding any incentive which might
be offered to active or perspective developers. CRA policy has in the past awarded various levels in T.I.F.
incentives to three projects. Those projects are the "Arches", the "Promenade" and "Ocean Breeze", where the
level of incentive varied as to amount and payout method, More recently, "Ocean One" a large project in the
planning stage, has approached the agency for an incentive equal to 100 % of that project's generated T.I.F. for
the next 30 years. As the agency now finds itself at a stage where consideration of granting or denying any
incentive will either enhance growth, or limit it's ability to generate further development due to lack of revenue, the
staff wishes to engage the services of a T.I.F. forecasting specialist. Staff reached out to Julie Turner, of R B C
Daln Rausher who serves as the agency's financial consultant for a list of experts in the field of T.I.F. forecasting.
She provided staff with three firms to consider, Attached is a proposal from Culpepper & Turpening, Inc. to
conduct an extensive analysis of the agency's revenue potential for your consideration.
RECOMMENDATION: Allow Culpepper & Turpening, Inc, to perform the needed analysis of the agency's ability
to generate T.I.F. revenues so as to better entertain or reject any and all developer claims to agency revenues
going forward, while factoring in the amounts already pledged for incentives. This will allow staff to better plan
future budgets even in the event that no further incentives are granted, The cost of this study will not exceed a
total of $14,955.00.
FISCAL IMPACT/FUNDING SOURCE: Minimal impact to General Fund budget as we are in the 8th fiscal month
of our budget, with less than 50% expended to date. Funding will be achieved with appropriate budget transfers.
ALTERNATIVES: To remain uneducated with respect to the agency's earning potential and continue to make
unrealistic promises to the staff, City, and the development community with respect to agency capabilities,
CRA STAFF:
~
ROBERT T. REARDON, Interim AssistantDirector
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Consulting Engineers · Land SUNe\fNs
2980 South 25th Street · Ft. Pierce, FL ~ _ 1
(772) 464-3537 . Fax {n2} 464-9497
www.ot-eng.com
SendeT's Email: gora\lec@cl-eng ~
April 26, 2006
Job 06-000
VIA: Facsimile (561) 737-3258
Original US Mail
Ms. Lisa A. Bright
Executive Director
Boynton Beach eRA
639 E. Ocean Avenue, Suite 103
Boynton Beach, Florida 33435
RE: Proposal to Prepare a Tax Increment Financing (TIF) Revenue Forecast for, and Provide
Redevelopment Consultation to, the Boynton Beach Community Redevelopment Agency (eRA)
Dear Ms, Bright:
I recently had the pleasure of speaking with Interim Assistant Director Robert T. Reardon regarding the eRA,
its many exciting development prospects and its desire to commission a TIP Revenue Forecast. In researching
your CRA, I was astounded by its potential and impressed with the extensive experience and diversity of the
Board and staff. You are clearly positioned for continued success, and it comes as no surprise that you desire to
take the prudent step of verifying your TIP Revenue Forecast prior to committing future revenues as incentives
to redevelopment projects.
Having been a eRA Director for five years and a municipal employee for nearly a decade, I can fully appreciate
the importance of a reliable revenue forecast and the scrutiny which awaits any redevelopment project receiving
incentives, especially if those incentives include direct payments. I believe you will find that Culpepper and
Terpening, Inc" has the experience and expertise necessary to provide you with a TIF Revenue Forecast and
redevelopment consultation upon which you and the Board can rely. Enclosed, please find the following
documents:
1, The Proposal to Prepare a TIP Revenue Forecast for, and Provide Redevelopment Consultation to,
the CRA.
2. Company Profile of Culpepper & Terpening, Inc., and resumes of our Project T earn.
As you will note in the enclosed documents, we have prepared TIF Revenue Forecasts which enabled AAA-
rated redevelopment trust fund and other special revenue bonds to be issued; and within the last year, we
successfully led the negotiation of a redevelopment agreement which includes a public infrastructure investment
of nearly $100 million over the next five years. Furthennore, our finn has assisted in the preparation of
fmanciaI reports and assessment methodologies for nearly $1 billion worth of bonds over the last decade. We
would very much appreciate the opportunity to put this proven track-record to work for you and the eRA.
Given that the enclosed proposal was drafted based upon my short telephone conversation with Mr. Reardon and
the exchange of a couple of e-mails, we would be happy to use the ene-Iosed proposal document as a framework
for further discussion and to learn how we might modifY it to better suit your needs,
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I greatly appreciate this opportunity to present the enclosed proposal on behalf of Culpepper & Terpening, Inc.
If you have any questions or I can be of assistance, please do not hesitate to contact me. I look forward to your
response.
Thank you.
Sincerely,
CULPEPPER & TERPENING, INC.
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Gregory 1. Oravec
Senior Project Manager
Ene!.
cc: James P. "Butch" Terpening. P.E., President
R.obert T. Reardon, Interim Assistant Director, Boynton Beach eRA
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PROPOSAL TO PREPARE A TAX INCREMENT
FINANCING (TIF) REVENUE FORECAST FOR, AND
PROVIDE REDEVELOPMENT CONSULTATION TO
PREPARED APRIL 25, 2006
by
C:~--CULPEPPER &
i TERPENING. INC,
2980 South 2sm Street
Fort Pierce, Florida 34981
Telephone: (772) 464-3537 Facsimile: (772) 464-9497
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PROPOSAL FOR REDEVELOPMENT CONSULTING SERVICES
BOYNTON BEACH eRA
CULPEPPER & TERPENING, INC., PROJECT NO. 06-000
1. PROJECT DESCRIPTION
Culpepper & Terpening, Inc., (the "Consultant") shall provide the Boynton Beach Community Redevelopment
Agency (the "CRA") with:
1. A 20-year TIF Revenue Forecast based upon anticipated changes to the assessed valuation within the
Commwtity Redevelopment Area due to the addition of new projects and other market factors affecting
the CRA; and
2. Consulting services associated with development andloT redevelopment within the Community
Redevelopment Area as requested, including but not limited to consultation on redevelopment incentives
and redevelopment agreements.
The above two items are referred to as the "Project". Item I is detailed in the following sections of this Proposal,
Item 2 will only be provided upon the request of the CRA. If services under Item 2 are requested, they will be
billed on an hourly basis a.t the rates specified in Appendix A. Alternately, a more detailed proposal for services
under Item 2 could be drafted upon definition of specific wor!< irem(s) by the CRA.
II. PROJECT TEAM
m. SCOPE OF WORK
Task 1: Research and ACQuisition of Rase Data
· The Consultant shall receive the following data and information from the CRA and/or City of Boynton Beach:
o Current map of the Community Redevelopment Area;
o Current copy of the Community Redevelopment Plan;
o A list of all participating taxing authorities and the corresponding level of participation, millages,
exemptions and any sunset provisions;
o All existing financial TIF Revenue Models for the eRA;
o A list of all known development projects and corresponding development programs currently under
construction, in permitting, undergoing entitlement or othelWise known within the Community
Redevelopment Area.
o Disclosure of any known projects or circumstances which would impact assessed valuation within
the Community Redevelopment Area,
· The <Ansultant shall acquire a copy of the Property Appraiser's database for the Community Redevelopment
Area, including parcel information and assessed valuation.
· The Consultant shall meet with the Office of the Property Appraiser tD discuss the anticipated valuation of
certain large scale projects and the general dynamics of the local market.
BoyntOn B<1lcll CllA Propoul
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. The Consultant shall meet with real estate, property appraisal, development and other professionals as
necessary to discuss the local real estate and development market.
Task 2: Preparation ofTIF Revenue Forecast
. 'The Consultant shall prepare draft spreadsheets, exhibits and text (the "Report") which provides a 20-year TIF
Revenue Forecast for the CRA for review of CRA staff and others as specified by the CRA.
. It is anticipated that the Report will include: an introduction to the City, CRA, short-teIm and long-term
market factors expected to impact the Community Redevelopment Area; a discussion of major development
projects expected to impact the Community Redevelopment Area; spreadsheets and graphs illustrating the
estimated valuations and corresponding TIF Revenues; and specific methodology notes.
. 'The Consultant shall revise the draft report after receiving comments from staff.
Task 3: Presentation and Finalization of TIF Revenue Forecast
. The Consultant shall prepare and provide a public presentation of the Report to the eRA Board.
. The Consultant shall fmalize the Report and transmit deliverables to the eRA
Deliverables:
10 bound color hard copies of the fmal TIF Revenue Forecast
1 digital copy of the final TIF Revenue Forecast in POF format,
IV. PERFORMANCE TIME
The performance time is defined as follows in 'Table No, J and commences at Notice to Proceed, The performance
time is only applicable for Item 1 of the Project. Performance time for any other consultation under this contract
can be outlined after the corresponding work item is specifically defined.
The perfonnance time for this project is dependent upon the timely acquisition of base data and meeting with the
Office of the Palm Beach County Property Appraiser. Additionally, the perfonnance time is subject to change
should there be a significant change to the development program of any of the proposed large scale redevelopment
projects.
Table No.1
Performance Time
Research and Ac uisition of Base Data
Pre aration of Draft TIF Revenue Forecast
Review, Comments and Revision of Draft Forecast
Pre aration of Presentation to CRA Board
Finalization of the Forecast
V. PAYMENT FOR SERVICES
Payment for the services to be provided by the CONSULTANT pursuant to this Contract shall be made on a
monthly basis based upon the percentage of work completed in accordance with the fees set forth in Appendix B
and hereby made a part of this Proposal by reference hereto, In the event that the task assignment required
modification by the Client, then the amount due the CONSULTANT shall be an amount equal to the base fee plus
the amount of hours properly charged, multiplied by the appropriate employee hourly rate, as set forth in Appendix
A, which is hereby made a part of this Proposal by reference hereto.
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APPENDIX A
TO
REDEVELOPMENT CONSULTING SERVICES CONTRACT
SCHEDULE OF HOURL Y CHARGES FOR SERVICES
CULPEPPER & TERPENING, INC.
PRINCIPAL ENGINEER, P.E. $I95,QO/HOUR
CFO $ 1 95,OOIHOUR
SENIOR PROJECT ENGINEER, P.E. $1 35.00/HOUR
SENIOR PROJECT MANAGER $125,QOIHOUR
PROJECT ENGINEER, P.E. $ 125.00/HOUR
DESIGN ENGINEER, E.LT. $75.00/HOUR
ENGINEERING TECHNICIAN $60.00/HOUR
SURVEYING TECHNICIAN $60.00/HOUR
ADMINISTRATIVE SERVICES $40.00IHOUR
SENIOR CONSTRUCTION MANAGER $ 125.001HOUR
CONSTRUCTION MANAGER $90.00IHOUR
CONSTRUCTION INSPECTORS $75.00/HOUR
SENIOR REGISTERED LAND SURVEYOR $125,OOIHOUR
SURVEY CREW $ 1 25.00/HOUR
GPS SURVEY CREW $145.00IHOUR
Hourly rates are valid through the original contract period.
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APPENDIX A-I
TO
REDEVELOPMENT CONSULTING SERVlCES CONTRACT
SCHEDULE OF HOURLY CHARGES FOR SERVICES
CULPEPPER & TERPENING, INC.
Blueprints (24 "x36")
Mylars (24"x36")
Compact Disc
Xerox Copy (8-l/2"xl 1" or 8-1/2"xI4")
Xerox Laser Color Copies
Xerox Copy (11 "x17")
Federal Express Fees
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$ l.50/Each
$1 Q,OOlEach
$ lO,OO/E.ach
$ .201Each
$ ,35fEach
$ .3 5/Each
At Cost
Long Distance Fees Only
At Cost
Fax Charges
Aerials!Plats/iax Maps
Permit Fees.
Outside Services
Testing
Aerial Photogrammetry
Environmental Studies
Surveying
Soils & Subsurface Investigation
Rates are valid through the original contract period
At Cost
At Cost
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APPENDIX B
COMPENSA nON TO THE CONSULT ANT
For the services set above, the fee compensation to the CONSULTANT shall be as set forth herein. The term "L.S."
indicates a Lump Sum fee for the tasks specified and is intended to be a fixed fee not subject to change without the
agreement of both parties, The term "Hourly" indicates that the tasks specified wiJl bo performed on an hourly rate basis in
accordance with the fee schedule set forth in Appendix "A" and the fee shown is an estimated budget figure only,
Item Total
Task 1: Research and Acquisition of Base Data $ 4,195.00 L.S.
Task 2: Preparation ofTIF Revenue Forecast $ 6,490.00 L.S.
Task 3: Presentation and Finalization ofTIF Revenue Forecast $ 4,020.001.S.
Reimbursables Not to Exceed $ 250.00
Total $ 14,955.00
aoynTOC S..oh eRA Pr'pa<al
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Culpepper & Terpening, Inc.
Consulting Engineers, Planners, Land Surveyors and Developers
FIRM OVERVIEW
C&T has established itself as the leading engineering and surveying finn on the Treasure
Coast. Practicing since 1976, the finn is widely recognized for its abilities to design,
engineer, survey and permit complex projects. Project experience includes mlUlicipal
water and sewer projects, community planning, roadway design~ marina design and
municipal bond financing. Clients include both private and public sectors.
C&T staff consists of approximately 95 engineers, surveyors, designers, land planners,
pennit specialists, construction managers and support personnel. The fum provides
complete services for all project needs from concept to construction. In addition, the firm
provides a full service approach, collaborating \vith geotechnical~ environmental,
structural, architectural and financing experts to ensure project success.
Specific Services offered by C&T include:
. All aspects of Civil Engineering
. All aspects of Surveying
. Project Evaluation
. Pre-Development Project Management
. Traffic Engineering
. Land Development
. Pennit Specialist
. Site Plan Development
. Construction Engineering
. GIS Services
. Municipal Bond Financing Consulting
. Financial Services
C&T offers clients a business-minded approach, project strategy and comprehensive
project management. With over 100 years of historical data, ongoing positive
relationships with local government as well as its citizens, we are able to achieve client
satisfaction~ while being mindful of the envirorunent and civic needs.
2980 s. 25th Street-Fort Pierce, Florida 34983.772~464-3537 -Fax 772-464-9497
www.ct-eng.com
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Mr. Terpening has over 30 years of experience in project management,
design, permitting, fInancing and construction of numerous transportation
and public infrastructure related projects in the Treasure Coast area. He has
worked extensively with the local governmental agencies within the Federal
and State Treasure Coast area and is familiar with their respective design
requirements and specifications.
As principal in charge, Mr. Terpening has been responsible to develop key
strategies in close association with the client and other team members in the
development and implementation of the project. Public participation.
concurrence and acceptance in establishing permitting options has been a
key ingredient to the success of the firm's practice and value offered to the
wide range of client base. Public participation programs and awareness
have involved many aspects of media communication thus gaining the
public's trust for the projects.
KEY FROJECTS
Education
Bachelor of Science
Civil Engineering
University of Florida, 1976
City of Port St. Lucie, Florida - Port St. Lucie Utilities Expansion Project - As
principal in charge, Mr. Terpening has overseen a ten year $200 million utility Professional Rer!lstrations
expansion provide service to the City of Port St. Lucie.
Registered Professional
City of Port St. Lucie, Florida - South Lennard Road SAD Improvement Project. Engineer, Florida
The construction of a $4 million one mile collector roadway including drainage Professional Affiliations
and utilities.
Florida Engineering Society
City of Fort St. Lucie, Florida - Gatlin Boulevard widening project. The Treasure Coast Chapter
construction of a 2.6 mile six lane urban arterial roadway with an estimated cost of
$10.5 million. American Society of Civil
Engineers
St. Lucie County, Florida - Prima Vista Boulevard, U.S. Highway # 1 to Airoso
Boulevard. A $5.2 million roadway expansion project of an arterial roadway. American Water Works
Association
St. Lucie County, Florida - Lennard Road to Easy Street. Design of six mile
Civic Activitv and Awards
four lane urban collector road with an estimated cost of $15 million.
St. Lucie County, Florida - Preliminary design and permitting for Midway Road
improvements from U.S. Highway # 1 to South 25th Street. The estimated $6
million project entails working within the guidelines of the White City historical
district and addressing environmental issues necessary to cross the north fork of
the St, Lucie River.
FES, Treasure Coast
Engineer of the Year-l 994
Conservation Alliance, Sf.
Lucie County-Award of
Gratitude-l 996
St. Lucie County, Florida - Becker Road, Design and construction of a 2.3 mile Past President- St. Lucie Co.
Chamber of Commerce
arterial roadway in southern St. Lucie county at an estimated cost of $1.9 million.
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C. Scott Nall, CPA, CFO
Culpepper & Terpening, Inc.
2980 South 25th Street
Fort Pierce, Florida 34981
Telephone: (772) 464-3537 ext. III
Facsimile: (772) 464-9497
E-mail: snall@ct-cng.com
SUMMARY OF QUALIFICATIONS
May 2005 to
Present
December J 995 to
May 2005
June 1993 to
December 1995
May J 987 to
June 1993
+ EMPLOYMENT
Chief Financial Officer
Culpepper & Terpening, Inc., Ft. Pierce, Florida
Principal
Appelt & Nall, Certified Public Accountants, Clearwater, Florida
Tax Manager
Lewis Birch Ricardo, CPA's, Clearwater, Florida
Senior Accountant
Deloitte & Touche, Certified Public Accountants, Tampa, Florida
. EDUeA TION
B.S., Accounting, University of Florida
Masters of Accounting, University of Tampa
. REFERENCES
Available on request
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Culpepper & Terpening, Inc.
2980 South 25th Street
Fort Pierce, Florida 34981
Telephone: (772) 464-3537 ext. 212
Facsimile: (772) 464-9497
e-mail: goravec@ct-eng.com
SUMMARY OF QUALIFICATIONS
April 2005 to
Present
February 2002 to
April 2005
May 2000 to
February 2002
October 1999 to
May 2000
March 1999 to
October 1999
February 1999 to
March 1999
April 1998 to
February 1999
September 1996 to
April 1998
1996
. EMPLOYMENT
Senior Project Manager
Culpepper & Terpening, Inc., Ft. Pierce, Florida
Community Redevelopment Agency Director
City of Port 81. Lucie, Florida
Community Redevelopment Agency Director
City of South Miami, Florida
Assistant to the City Manager
City of South Miami, Florida
Assistant Planner
Village of Islamorada, Florida
Principal Planner
City of South Miami, Florida
Acting Director of Planning and Zoning
City of South Miami, Florida
Planner
City of South Miami, Florida
. EDUCATION
B.A., Environmental Policy, University of Miami
Graduated cwn laude and with general honors, 3.71 gpa
. SKILLS
Proficient in the use of several computer and software systems, including AS
400, Windows 95/98/ME/2000/NT, Client Access, HIE, Microsoft Office,
Word Perfect, Corel Draw, Adobe, Internet Explorer, and ArcView.
. REFERENCES
Available on request
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J. Oravec, Senior Project Mana
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Culpepper & Terpening, Inc.
2980 South 2Slb Streel
Fort Pierce, Florida 34981
Telephone: (772) 464-3537 ext. 212
Facsimile: (772) 464.9497
e-mail: goravec@ct-eng.com
DETAILED DESCRIPTION OF QUALIFICATIONS
. EMPLOYMENT
Senior Project Manager, Culpepper & Terpening, Inc.
April 2005 to
Presenf
As part of a full-service planning, engineering, surveying, construction
management and development finn, provide expert project management services to
private and public clients on residential, office, retail, institutional, recreational
and/or mixed-use development projects. A diverse range of services are available
to assist our clients attain their development goals from project inception to final
completion, as highlighted below:
Due Diligence
. Conceptual
planning/brainstorming
. Feasibility
. Pro Forma
Financing
. Revenue Forecasts
. Bond Reports
. Special Assessment Districts &
Community Development Districts
CommWlity Outreach Horizontal Construction
. Town Hall Workshops, . Design & Permitting of civil
Commooity Planning & engineering, landscaping and other
Charrettes site improvements.
. Coordination with community. Construction Bid Documents
and homeo-wners' . Contractor Negotiations
organizations . Construction Management and
. Press Releases Inspection
Entitlements
. Land Use
. Zoning
. Concurrency
. Site Plan
. Platting & Subdivision
. Incentives, if applicable
. Development Orders,
Development Agreements &
Redevelopment Agreements
Vertical Construction
. Oversight of General Contractor
Sales & Marketing
. Coordination of marketing and sales
staff
. Oversight of negotiations with the
end user
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April 2005
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The provision of these comprehensive project management services requires the
preparation of reports, applications, fonus and analysis; meetings with elected
officials, govenunent staff and the public; the management and coordination of
various construction contractors and professional consultants, including experts in
the fields of marketing and public relations, architecture, biology, engineering, law,
planning, housing and community redevelopment; and public presentations.
Key Projects with corresponding project management services include:
. City Center- The redevelopment of a greyfield into a new downtown known as
"City Center", consisting of208,500 square feet of retail space, 393,000 square
feet of office space, 1,082 residential dwelling units, a civic center, police
station, govenunental services building and civic plaza. Services provided on
this project include but are not limited to due diligence, community outreach,
entitlements, financing and horizontal improvements. This project will include
approximately $100 million of public improvements alone.
. Harbor Town & Marina- The redevelopment of a 34-acre marina into a mixed-
use waterfront village, renovated marina and public promenade. Services
provided on this project include but are not limited to due diligence, community
outreach, entitlements, financing, horizontal improvements, vertical
improvements and sales & marketing,
. Harborside- A mixed use development of approximately 40 acres which is
currently in the conceptual planning phase and will involve the full range of
project management services.
. Grove Park- An 18.5 acre mixed use neighborhood consisting of approximately
200 residential units and 10,000 square feet or retail space which is currently in
the entitlement phase and will involve the full range of project management
services.
. Oak Alley~ A neighborhood of 56 single family homesites and an office park of
2.1 acres within a nature preserve of70 acres. Services provided on this project
include but are not limited to financing, horizontal construction, vertical
construction and sales & marketing.
. Islandia West- An infill development of twelve single family homes on
Hutchinson Island which is currently in the entitlement phase and will require a
full range of project management services.
. Taylor Creek Charrette- The master planning of a 250 acre area of 81. Lucie
County, Fort Pierce and 81. Lucie Village.
. The Promenade- A mixed use waterfront development featuring 10,000 square
feet of retail and 4 apartments along the North Fork of the 51. Lucie River. A
full range of project management services is being provided.
Community Redevelopment Agency Director, City of Port St. Lucie
First Director of the City of Port 51. Lucie Community Redevelopment Agency
(CRA). Administer, develop, plan, implement and coordinate redevelopment
projects, programs and activities of the CRA. Advise the Mayor & City Council,
CRA Board, Executive Director/City Manager and the public on the Community
Redevelopment Plan and redevelopment projects, programs and activities. Draft
and implement a multimillion dollar annual budget. Work with CRA Counsel,
coordinate and oversee the work of various professional consultants, including
exnerts in the fields of marketing and public relations, architecture, engineering,
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planning, housing and community redevelopment and supervIse administrative
staff.
Major accomplislunents achieved during my tenure include:
. An increase of 51.4% in total assessed value of the district.
. An increase of 1,544% in annual tax increment financing revenue.
. The drafting and approval of a redevelopment agreement between the CRA,
City and de Guardiola Properties, Inc., which formed a public/private
partnership providing for the construction of a traditional neighborhood
development knO\\lT1 as "East Lake Village", consisting of 890 residential units,
82,000 square feet of conunercial space, a community park and greenway
system and including public infrastructure improvements of approximately $20
million.
. The successful preparation and closing of approximately $12 million in
redevelopment trust fund special revenue bonds, an AAA insured bond issue
with an underlying stand alone rating of A-.
. The successful preparation and closing of approximately $10 million in special
assessment revenue bonds, an AAA insured bond issue.
. Initiation of approximately $11 million of capital improvements known as the
"CRA Improvements Project" including roadway extension and widening
projects, a greenway (linear park) and community park with interactive play
fountain.
. Initiation of the $10 million Lennard Road Widening Project, providing for the
widening of a rural 2.7 mile two-lane road to a four lane divided section with
integrated storm water drainage, decorative lighting, sidewalks and enhanced
landscaping.
. Creation of the East Lake Village Special Assessment District (SAD), funding
approximately $9 million of capital improvements associated \\lith East Lake
Village.
. Initiation of the East Lake Village SAD Improvements, including the
construction of roadways, alleyways and utilities for the East Lake Village
project.
. The CRA' s receipt of a $550,000 DEP 319 Grant.
. The CRA's receipt of the Kodak American Greenways Award.
. The successful implementation of a marketing and outreach program to raise
awareness of the opportunities within the CRA, including participation in ICSC
events; presentations to countless professional, political and community
organizations, including public agencies, banks, realtors, appraisers,
homeowners' associations, economic development council, medical
professionals, etc.; and placement of advertising and stories within print and
other media.
. The creation of the eRA Cultural and Special Events Advisory Committee and
its corresponding diverse events, including Art & All That Jazz, Oktoberfest
and S1. Patrick's Day Parade & Festival.
. The drafting and approval of an interlocal agreement between the City and
eRA, outlining the duties, powers and responsibilities of each in regards to
redevelopment.
. The initiation of changes to the City's Land Development Regulations in order
to achieve the goals and objectives of the Community Redevelopment Plan,
~\JV. 26. 20C6 '7:~~2
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February 2002
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including an increase to the maximum pennitted height to encourage office
development.
. The successful completion of negotiations to have roadways turned over from
the CO\U1ty to the City, setting the stage for comprehensive improvement
projects in future years.
Community Redevelopment Agency Director, City of South Miami
Administer, develop, plan, implement and coordinate redevelopment projects,
programs and activities of the City of South Miami CommlUlity Redevelopment
Agency (CRA). Advise the Mayor & City Commission, CRA Board, CRA Advisory
Board, Executive Director/City Manager and the public on the eRA Plan, Interlocal
Agreement and redevelopment projects, programs and activities. Draft and
implement an annual budget of approximately $1,000,000. Work with CRA General
Counsel, coordinate and oversee the work of various professional consultants,
including experts in the fields of marketing and public relations, architecture,
engineering, planning, housing and community redevelopment, and supervise
administrative staff, including administrative assistant, programs coordinator and
social worker.
Major accomplishments achieved during my tenure include:
. The City of South Miami's designation as an "All-America City" by the National
Civic League in June of2001.
. The Housing and Urban Development Department's use of the City of South
Miami and South Miami CommlUlity Redevelopment Agency as a case-study for
revitalization and affordable housing in south Miami-Dade County.
. The investment of $75 million in new commercial development in the
redevelopment area, including a six-story, 294-unit mixed-use residential
development; a 200,000 square foot mixed-use development at the South Miami
MetroRail Station; a pedestrian overpass connecting the MetroRail Station to the
do 'WI1town; a signature 3-story Gold's Gym; and a 12,000 square foot infill office
building.
. The development of a $4 million, 40,000 square foot recreational multipurpose
center, featuring an indoor gymnasium, wellness center, arts and crafts facility,
computer lab, swinuning pool, business incubator, professional computer training
facility and health clinic.
. The creation and approval of a Multifamily Housing Master Plan.
. The initiation of the process to convert a 58-lUlit, county-owned public housing
complex into a 120-unit mixed income, mixed-o'WI1ership, privately owned,
privately managed development.
. The selection of for-profit and not-far-profit infill developers and the negotiation
and execution of corresponding agreements to provide for the construction of
approximately 20 affordable single family homes, leveraging approximately
$200,000 in Agency incentives into $2 million of new residential construction.
. The creation and Phase I implementation of a $1.5 million street improvement
plan for the redevelopment area's main street, including widened sidewalks,
traffic calming features, landscaping, decorative pavement treatments, crime
prevention through environmental design elements and lighting.
. The completion of an Infrastrocture Master Plan for the redevelopment area,
identifying the need for additional utilities to encourage additional
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. The acquisition of residential and commercial properties exceeding an aggregate
value of $500,000.
. Approval and location of the Working Capital Florida Program in the City of
South Miami, resulting in the provision of business training and micro-loans to
local residents.
. The creation and administration of several redevelopment programs and projects
positively impacting commercial and residential development, including a single
family infill program, a single family residential rehabilitation program, a
multifamily residential rehabilitation program, the landscaping the redevelopment
area program, Operation Facelift and commercial rehabilitation/fa9ade
improvement program.
. The creation of a Florida Department of Health/South Miami Inspection Task
Force.
. The implementation of an improved local shuttle system to serve the children~
seniors and downtown guests of the City of South Miami and the redevelopment
area.
. The initiation of a community-oriented policing initiative featuring two walking
beat police officers.
. The approval of an interlocal agreement with Miami-Dade COlmty for the
provision of a police workstation in the local public housing complex.
. The creation of a logo, tag line, general brochure, ad campaign an marketing plan
for the CRA.
. The promotion of the CRA and its programs through select cultural and special
events.
Assistant to the City Manager, City of South Miami
Performed a variety of highly responsible analytical and administrative work as a
member of the City's senior staff, assisting the City Manager -with priority initiatives,
taking lead responsibility on several critical projects and programs, including, but not
limited to: legislative affairs, intergovernmental relations, grant miting, annexation
and interdepartmental reports. Served as an advisor to the City Manager and as an
official contact point for the City, meeting with elected and appointed officials;
municipal, county, state and federal staff; and community stakeholders.
Major accomplishments achieved during my tenure include:
. Unprecedented Amounts of Grant hmding-
o Wastewater Facilities Grant $1,000,000
o Surface Water Restoration Grant $400,000
o Juvenile Justice Project Proposals (PARE) $200,000
o FRDAP Murray Park Programming $112,500
o MPO UPWP Hometown lntermodal Study
o County Youth Crime Task Force (PARE) $25,000
o South Florida Community Urban Resources Partnership
Fuchs Park Environmental Enhancement Project $13,875
. Creation and implementation of a grants administration process and protocol.
. Completion of Preliminary Annexation Study.
. Initiation of Comprehensive Annexation Study.
. Creation of PARTS (Project and Request Tracking System),
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October 1999
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Assistant Planner, Village of Islamorada
Assisted the newly incorporated Village of Islamorada develop and streamline its
planning and zoning functions. Established pennitting and tracking systems,
policies, procedures and protocols; Assisted in the development of the local
comprehensive plan and land development regulations. Drafted proposed state
legislation for the Village's legislative agenda. Performed professional and technical
work on a variety of municipal planning and zoning assignments in accordance with
municipal, county, state and federal land use regulations. Advised the Director on
planning and zoning issues affecting the Village. Supervised an administrative staff,
biologist and consultants. Reviewed Rate of Growth Ordinance pennits, building
permits, landscaping permits, variances, occupational licenses, certificates of use and
certificates of occupancy. Presented planning and zoning reports to the Mayor &
Village Council, Local Planning Agency and the public.
Major accomplishments achieved during my tenure include:
. Initiative to include local waters within the Village's municipal boundaries.
. Proposed state legislation as part of the Village's legislative agenda.
. Development of a draft local comprehensive plan.
. Development of draft land development regulations.
. Enhanced efficiency of local administration of the Rate of Growth Ordinance.
. Enhanced efficiency of the planning and zoning functions by establishing
permitting and tracking systems, policies, procedures and protocols.
. Establishment of the Kid's Planning Program, as recognized in the local
comprehensive plan.
. Successful completion of the Plantation Yacht Harbor Charrette.
February 1999 to Principal Planner, City of South Miami
March 1999
April 1998 to
February 1999
Performed professional and technical work on a variety of municipal planning and
zoning assignments in accordance with city, county, state and federal land use
regulations. Advised the Director on planning and zoning issues affecting the City.
Supervised a staff of three responsible for review of building permits, landscaping
permits, outdoor seating permits, waiver of plats, administrative waivers, variances,
special use permits, occupational licenses, certificates of use and certificates of
occupancy. Presented planning and zoning reports to the Mayor & City Commission,
Planning Board, Environmental Review and Preservation Board, Historic
Preservation Board and the public.
Acting Director of Planning and Zoning, City of South Miami
Planned, coordinated, implemented, and managed the planning and zoning activities
of a small, urban city of 10,500 residents located in Miami~Dade County. Advised
the City Manager, Mayor & City Commission, Planning Board, Environmental
Review and Preservation Board, Historic Preservation Board and the public on
planning and zoning issues affecting the City. Responsibilities included the
preparation of resolutions, ordinances and comprehensive plan amendments;
mnnitnnnp ~ncl nel!otiatin~ develooment orders~ drafting and utilizing an annual
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budget of$236,OOO; and supervising a staff of four.
Major accomplishments achieved during my tenure include:
. Successful opening of the 700,000 square foot urban entertainment complex
known as the Shops at Sunset Place.
. State Approval of Comprehensive Plan Amendments.
. Enhanced customer service reputation.
. MPO grant award for the South Miami Pedestrian Overpass Study.
. State grant award of $340,000 for stormwater drainage.
. Creation of a Telecommunications Ordinance.
September 1996 to Planner, City of South Miami
April 1998
Fall 1996
Served in several capacities for the Planning and Zoning Department during this time
period. Researched, designed, publicized, and implemented a successful planning
charrette for the Snapper Creek Neighborhood. Assisted in the creation of a
Community Redevelopment Agency. Investigated existing conditions and past
legislation in order to draft the City's Evaluation and Appraisal Report-based
Comprehensive Plan Amendments. Presented comprehensive plan amendments to
the Planning Board, City Commission and public. Prepared and presented reports on
a number of other planning and zoning issues to the City Commission, Planning
Board, Environmental Review and Preservation Board, Snapper Creek Charrette
Steering Committee and the public, including applications for public hearing.
Reviewed applications for building permits, landscaping pennits, outdoor seating
permits, waiver of plats, administrative waivers, variances, special use permits and
occupational licenses.
Major accomplishments achieved during my tenure include:
. Drafting and approval of the EAR-based comprehensive plan amendments~
. Creation of the South Miami Community Redevelopment Plan~
. The Snapper Creek Charrette; and
. Creation of the Transit Oriented Development District.
. EDUCATION
B.A., Marine Environmental Systems, University of Miami
Graduated cum laude and with general honors, 3.71 gpa
. SKILLS
Proficient in the use of several computer and software systems, including AS 400,
Windows 95/98/ME/2000INT, Client Access, HTE, Microsoft Office, PowerPoint,
Word Perfect, Corel Draw, Adobe, Internet Explorer, and ArcView.
. REFERENCES
Available on request
IX. NEW BUSINESS:
D. SIX-MONTH eRA PLAN
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 into CRA Office Meetin!! Dates CRA Office
0 January 10, 2006 December 27,2005 (Noon.) 0 July II, 2006 June 27, 2006 (Noon)
D February 14,2006 January 31, 2006 (Noon) 0 August 8, 2006 July 25, 2006 (Noon)
0 March 14,2006 February 28,2006 (Noon) 0 September t2, 2006 August 29, 2006 (Noon)
@ April 11, 2006 March 28, 2006 (Noon) 0 October 10, 2006 September 26, 2006(Noon)
. May 9,2006 April 25, 2006 (Noon) ill November 14, 2006 October 31, 2006 (Noon)
0 June 13, 2006 May 25, 2006 (Noon) 0 December 12, 2006 November 28, 2006 (Noon)
NATURE OF
AGENDA ITEM
. Consent Agenda
o Director's Report
o Old Business
o New Business
o Legal
o Future Agenda Items
o Other Item
DATE:
May 4, 2006
SUBJECT SUMMARY PARAGRAPH: CRA Board 6-month Continuous Improvement Plan
At the May 2, 2006 City Commission Meeting, the results of the "Discussion of the CRA" require the CRA Board to
establish a strategic plan for the next six months governing performance standards of the agency.
As a result of the last month's board direction to staff, the following items are in various stages of implementation:
1.) Conduct an HR Organizational Audit to evaluate board/staff interaction and communications. Interviews
are complete and the executive summary should be ready for board review at the CRA Board meeting.
The goal is to strengthen the Board's Rules of Governance as it relates to human resource practices of
the agency.
2.) Attorney Spillias and Lisa Bright met with Attorney Cherof and Sharyn Goebelt, City of Boynton Beach
Human Resources Director to create an Interlocal Agreement to provide consulting HR services to the
Agency. This document is in the development stages and brought to the board at a later date.
3.) As a result of the meeting with the City's representatives, it was recommended that the CRA create HR
accountability through the staff work program. Ms. Bright met with Dr. Willis and will be realigning the
scope of work under the Finance Assistant position to handle the grievance and/or formal complaint
process under the direction of the Executive Director.
4.) The organization audit revealed the need for closer communication with City to apprise them of the work
of the CRA. In order to restore confidence in the agency, a spokesperson should be designated to
provide regular updates to the City Commission on the activities of the agency.
RECOMMENDATION: Discuss and outline the 6-month strategic plan for the CRA Board.
FISCAL IMPACT/FUNDING SOURCE: Negligible to none.
ALTERNATIVES: ~~t develop a strategy.!
CRASTAFF:r>':< {( L ' f~/t
'sa Bright, Executive Dire
T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 05 09
CRA Board Meeting\CRA Board 6-month Continuous Improvement Plan.doc
x. FUTURE PROJECT PREVIEW:
TOWN CENTER AT WATERFRONT PARK
AND OCEAN POINT TOWER
XI. COMMENTS BY BOARD MEMBERS
XII. COMMENTS BY BOARD ATTORNEY
XIII. COMMENTS BY EXECUTIVE DIRECTOR
XIV. COMMENTS BY STAFF
xv. FUTURE CRA WORKSHOPS:
SAVAGE CREATURES DISCUSSION
HOLIDAY INN - CATALINA
1601 N. CONGRESS AVENUE
BOYNTON BEACH
JUNE 22, 2006
6:00 PM
XVI. ADJOURNMENT
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
QUASI-JUDICIAL PROCEDURES1
1. Ex parte disclosures by CRA Board Members.
2. The CRA Attorney outlines the hearing procedure, including a statement that
any member of the Board may, at any time during the presentation of
testimony, question any witnesses.
3. Attorneys or other individuals acting in a representative capacity make their
appearances.
4. Request for identification of any intervenors.2
5. The CRA Attorney or City Clerk swears in all witnesses.
6. City staff members present a summary of the issues before the Board, testify
as to their opinions and make recommendations for inclusion in "Conditions
of Approval." (The CRA generally limits staff presentations to 15 minutes).
7. CRA staff members offer their comments and recommendations (The CRA
generally limits CRA staff presentations to 15 minutes).
8. The Applicant presents its case, including acceptance or objection to
proposed conditions of approval. (The CRA generally limits applicant
presentations to 15 minutes).
9.
Intervenors present their cases,
examine previous witnesses.
presentations to 15 minutes).
offer their facts and OpiniOnS, and cross-
(The CRA generally limits intervenors
10. Members of the public offer their facts and/or opinions. (The CRA generally
limits public presentations to 3 minutes).
11. Intervenor rebuttal/final comments. (The CRA generally limits intervenor
rebuttal presentations to 3 minutes).
12. Applicant rebuttal/final comments. (The CRA generally limits applicant
rebuttal presentations to 5 minutes).
13. Staff rebuttal/final comments. (The CRA generally limits staff rebuttal
presentations to 5 minutes).
14. CRA questions and deliberation / decisions.
1 The guidelines represent a generalized procedure for conducting quasi-judicial hearings and are subject to modification on a case-by-case basis. The controlling
principal is that all interested parties have the opportunity to offer testimony, evidence and conduct cross-examination of witnesses.
2 An intervenor can be a person or a business, or even another government entity, who claims to have a direct and personal interest in the pending matter and
who wants to have the same legal rights and responsibilities to participate in the public hearing as the actual parties have, For example, an intervenor may also
question the witnesses presented by parties and other intervenors, and can call its own witnesses, who will be sworn to tell the truth and will be subject to poSSible
cross-examination by the parties and other intervenors. The decision whether to grant intervenor status will be made by the Board,
Someone who does not qualify to be an intervenor, or could qualify but just does not want to be one, may be allowed to speak briefly on his or her own behalf,
either to present facts or to state opinions, but cannot question witnesses, present witnesses, and so forth.
It should be noted that being an intervenor in a matter under consideration by the Board does not guarantee that the intervenor can challenge or appeal the final
decision in a judicial or administrative proceeding, Also, being an intervenor here may not even be a prerequisite to filing a challenge or appeal of the final
decision depending upon what state laws or court rules require.
Nicole's Shares T:\AGENDAS, CONSENT AGENDAS, MINUTES & MONTHLY REPORTS\Quasi Judicial Procedures.doc
COMMUNITY REDEVELOPMENT AGENCY - ROLL CALL VOTES
Jeanne Heavilin
Alexander DeMarco
Marie Horenburger
Stormet Norem Vice Chair
Steve M ott
Guam Sims
Henderson Tillman Chair
Jeanne Heavilin
Henderson Tillman, Chair
Marie Horenburger
Stormet Norem Vice Chair
Steve M ott
Guam Sims
Alexander DeMarco
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES NO YES NO YES NO
Guam Sims
Alexander DeMarco
Marie Horenburger
Henderson Tillman Chair
Steve M ott
Jeanne Heavilin
Stormet Norem Vice Chair
YES NO YES NO YES NO
Jeanne Heavilin
Henderson Tillman, Chair
Marie Horenburger
Guam Sims
Alexander DeMarco
Steve M ott
Stormet Norem Vice Chair
s:\cc\wp\minutes\cra\roll call sheets.doc
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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MY !'OSITION I!I:
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WHO MUST FILE FORM .1
This form is for us~ by any p~rson ser..ing allhe ~ounty, cilY. or olh~r locall~el of governmenl on an appoinled or elected board.
council. commission. authority, or commillee. II applies equally to members of advisory and non-advisory bodies who are presented
wilh a vOling contliet of interest under Section 112.31~3. Florida Slat utes.
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'f)"~' ...~u;..r~~';stbiliti~s\'nder the,~.\~iten face'd titt~'a\measure'in'\\nich you)ha~e''a conflict ofirlleresi wii"~ary greatf; depending
on whet~er..Y9':'. ~~~ .an ,~I~tiv~,or.aRPoi~I.ive..P<>~i.lion. fC)~ ts reas~m.. ~Iea~e.p'ay :~ose_altention.to.the in~tr':J~t.io.n~ on this form
before'c~en.ng tlW ~e.r\e'~I<k~~4, flhng,1~e.r.prm., ."', ,_ . ,', . ':.. . l":. :'" ~
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INSTRUCTIONS FOR COMPLlANCI WITH SICTlON 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
:\ person holding ~kcti\e ~oumy, municipal. or other lo~al public office \IUST ABSTAIN from voting on a measure whkh inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a governmem agen\.'y) by whom he is retained.
In either case. you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly slating to the assembly the nature of your interest in the measure on
which you are abstaining from ,,'oting; and
WITHIN IS DAYS AFTER THE VorE OCCURS by completing and filing this form with the person responsible for recording
the minules of the meeting. who should incorporate the form in the minutes.
APPOI~TED OFFICERS:
A person holding appointive county. municipal. or olher local public office MUST ABSTAIN from voting on a measure which
inures to his special prh'ate gain, Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a governmem agency) by whom he is retained.
A person holding an apPointive.local office olherwise may participate in a mailer in whkh he has a COlll:t1ft ,0( ~n,te~Co\t, but must
disclose the nature of th~ I:onfli\:t before'maldng an~' attempt to influenl:e the decision by oral or written ~ommuni~ation, whether
made by the offi~er or at his dire\:tion.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
· You should complete and file this form (before maL;ing any auempt to influence the decision) with the person responsible for
recording the minutes of the meetina. who will incorporate the form in Ihe minUtes.
· A copy of the form should be provided immediately to the other members of the agency.
· The form should be read publicly at the meeting prior to consideralion of the mailer in which you have a ~onmct of interest,
(,E ~OR\4 "8.1.41
P\LE I
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You should disclose or:Jlly the nature of your connict in the measure before participating.
· You should ~omplete ih\: fotm and m~ iJ~iJ.hin.15 t1ays after the VOle occurs with Ihe ""'rs"''' . ~n 'bl f d" . .~~.
, '. . ,'" ,. . I"'" "",.rc::sP'{ SI e or rccor, Ing t."" mInutes
of the meetIng. who s-hOlJ'ld'lncorporate Ifle form In the minutes. '
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DISCLOSURI O' LOCAL.'O..rCI"S INTlRIST.
I. 2JnVG, Mr07'7' . hc",by disclose thaI on -$" -1
(a) A measure ~ame or will come before my agency which (check one)
A Inured 10 my spc~lal privale gain; or
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_ inured to the spel:ial gain of
. by whom I am retalOed.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
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Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (198S). A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT. RE\10VAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN
SALARY. REPR1\1Ar--;D. OR A CIVIL PENALTY NOT TO EXCEED SS,OOO.
C'E FOR"'.8. 1-91
p"CE: