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Agenda 10-25-06 ............~~ I'~. 3QYNTON (..... RA .'. ..... ,:~ 3 cAe -H" . ~ East Side-West Side-Seaside Renaissance 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 Meetin~ VVednesday,October2St ,2006 City Commission Chambers 6:30 P.M. I. Call to Order - Chairman Henderson Tillman II. Pledge to the Flag III. Roll Call IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda. B. Adoption of Agenda. C. Presentation by Board Chair, Henderson Tillman of the Florida Redevelopment Association (FRA) Roy F. Kenzie Award- 2006 Capital Projects / Beautification A ward - The Boynton Beach - Boulevard Extension Waterfront Promenade. V. Public Comments: (Note: comments are limited to 3 minutes in duration.) VI. Consent Agenda: A. Approval of the Minutes - CRA Board Meeting - September 12, 2006. B. Approval of the Financials - September 30th, 2006. C. Review and Adoption of Mortgage, Note and Agreement for the Homebuyers Assistance Program (HAP). D. Selection of proposal for the maintenance of the Boynton Beach Blvd. Promenade. (Sent to CRA Board Members under separate cover.) E. Selection of proposer for the regulatory monitoring of the mangrove mitigation area at Jaycee Park. (Sent to CRA Board Members under separate cover.) · F. Selection of proposer for the maintenance of the mangrove mitigation area at Jaycee Park. (Sent to CRA Board Members under separate cover.) G. Selection of proposer for the creation of a geo-database for the CRA. (Sent to CRA Board Members under separate cover.) . H. SE 4th Street Improvement Project Design Change Recommendation. I. Uniform Retirement Percentage for CRA Employees. J. Palm Beach County TCEA & Incentives Compliance. VII. Public Hearing: Old Business - NONE. New Business: A. Public Notice of Intent to Dispose of Real Property located at 607 & 609 Seacrest Blvd. B. The Office at Bamboo Lane I ZNCV 06-011 Agent: Michael Hanlon, HNM Architecture, LLC Owner: Jaime Mayo, Nigel Development, Inc. Location: 3847 No. Federal Highway (SE corner of No. Fed. Hwy. and Bamboo Lane.) Description: request for relief from the city of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6.C.3, requiring a minimum lot area of 15,000 square feet, to allow a minimum lot area of 11,578 square feet (a variance of 3,422 square feet) for a proposed professional business office building within the Community Commercial (C-3) zoning district. The Office at Bamboo Lane - ANNEX 06-008 and LUAR 06-021 Agent: Michael Hanlon, HNM Architecture, LLC Owner: Jaime Mayo, President, Nigel Development, Inc. Location: 3847 No. Federal Highway, Delray Beach, east side of Federal Highway, south of Bamboo Lane, west of Palmer Road (see exhibit "A" - Location Map.) Description: to Annex the 0.265-acre parcel, to reclassify its land use to local Retail Commercial (LRC), and rezone to Community Commercial (C- 3) to construct a professional business office. The Office at Bamboo Lane I NWSP 06-023 Agent: Michael Hanlon of HNM Architecture, LLC Owner: Jaime Mayo, President, Nigel Development, Inc. Location: 3847 No. Federal Highway (SE corner of Federal Hwy. and Bamboo Lane.) (See exhibit "A" map.) Description: New Site Plan C Country Inns & Sites I NWSP 06-026 Agent: Robert Currie of Currie Sowards Aguila Architects Owner: Anand Patel, LLC (Anand Patel, Managing Partner) Location: 2201 So. Federal Highway (see location map - Exhibit Map "A") Description: New site plan. Country Inns & Suites I HTEX 06-008 Agent: Robert Currie of Currie Sowards Aguila Architects Owner: Anand Patel, LLC (Anand Patel, Managing Partner) Location: 2201 So. Federal Highway (see location map - Exhibit Map "A") Description: Height Exception. D. Neelam Business Center I SPTE 06-010 Agent: Anand Patel, Managing Partner of AA, LLC Owner: AA, LLC Location: S924 No. Federal Highway - SE corner of NE 9th Avenue and North Federal Highway (see Exhibit "A" location map) Description: Site Plan Time Extension (6 month) E. The Peninsula at Boynton Beach (SPTE 06-007) Agent: Tom Yianilos with Waterbrook, Inc. Owner: Waterbrook Development, LLC Location: 2649 No. Federal Highway (see location map - Exhibit Map "A") Description: Site Plan Time Extension (6 month) F. Las Ventanas (fka Gulfstream Lumber) SPTE 06-009 Agent: Kyle Riva with Epoch Properties, Inc. Owner: Epoch Properties, Inc. Description: Site Plan Time Extension. G. Mixed Use Zoning Districts - Code Review - (CDRV 06-002) Agent: City Initiated Description: Request for approval of proposed amendments to Chapter 2, Zoning, Section 6.F. Mixed Use Zoning Districts for conversion of Mixed Use-Low (MU-L) to Mixed Use-Low 1 (MU-L 1), amendment of Mixed Use- High (MU-H), and establishment of the Mixed Use-Low 2 (MU-L2) and Mixed Use-Low 3 (MU-L3) zoning districts. . VIII. Pulled Consent Agenda Items IX. Old Business: A. Ocean Breeze Update -Incentive Recommendations. B. Reconsideration for the DIFA on 500 O~ean Plaza. (Please refer to orange handout.) C. Reconsideration for the DIFA on the Promenade. D. Approval Revisions of Purchase Agreement for Peters Parcel at Ocean Breeze. E. MLK Master Developer Agreement Update. X. New Business: A. Renewal of Molly's Trolley's Contract. XI. Comments by Staff XII. Comments by Executive Director XIII. Comments by CRA Board Attorney XIV. Comments by CRA Board XV. Adjournment COMMUNITY REDEVELOPMENT AGENCY Schedule of Regular Meetings 2nd Tuesday of each month Commission Chambers Boynton Beach City Hall 6:30 P.M. PLANNING &. ZONING AGENDA ITEMS OCTOBER 25, 2006 Old Business A. Peninsula Site Plan Time Extension 1. PROJECT: Peninsula (SPTE 06-007) AGENT: Tom Yianilos OWNER: Waterbrook Development, LLC LOCATION: 2649 North Federal Highway DESCRIPTION: Request for a 6-month Site Plan Time Extension for site plan approval granted on July 5, 2005, to extend site plan approval from July 5, 2006 to January 5, 2007. New Business A. The Offices @ Bamboo Lane Annexation 1. PROJECT: The Office @ Bamboo Lane (ANEX 06-008) AGENT: Michael Hanlon, HNM Architecture, LLC OWNER: Nigel Development, Inc. / Jaime Mayo, President LOCATION: 3847 North Federal Highway, (east side of Federal Highway, south of Bamboo Lane, west of Palmer Road) DESCRIPTION: Request to annex the 0.265-acre parcel. Community Redevelopment Agency Board October 25, 2006 Page 2 The Offices @ Bamboo Lane Land Use Plan Amendment /RezoniDl! 2. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Proposed use: The Offices @ Bamboo Lane New Site Plan 3. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: The Offices @ Bamboo Lane (LUAR 06-021) Michael Hanlon, HNM Architecture, LLC Nigel Development, Inc. I Jaime Mayo, President 3847 North Federal Highway, (east side of Federal Highway, south of Bamboo Lane, west of Palmer Road) Request to amend the Comprehensive Plan Future Land Use Map from Commercial High with underlying Medium Density Residential (PBC CHIS) to Local Retail Commercial (LRC); and Request to rezone from Commercial, General (PBC CG) to Community Commercial (C-3.) Professional business office The Offices @ Bamboo Lane (NWSP 06-023) Michael Hanlon, HNM Architecture, LLC Nigel Development, Inc. I Jaime Mayo, President 3847 North Federal Highway, (east side of Federal Highway, south of Bamboo Lane, west of Palmer Road) Request new site plan approval to construct a 7,497 square foot professional business office building and related site improvements on 0.265 acre zoned C-3 (Community Commercial) . Community Redevelopment Agency Board October 25,2006 The Offices @ Bamboo Lane Zonin!!: Code Variance 4. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: B. Country Inns & Suites New Site Plan 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Country Inns & Suites Hei!!:ht Exception 2. PROJECT: AGENT: OWNER: Page 3 The Offices @ Bamboo Lane (ZNCV 06-011) Michael Hanlon, HNM Architecture, LLC Nigel Development, Inc. / Jaime Mayo, President 3847 North Federal Highway, (east side of Federal Highway, south of Bamboo Lane, west of Palmer Road) Request relief from Chapter 2. Section 6.C.3. of the Land Development Regulations, requiring a minimum lot area of 15,000 square feet in the Community Commercial (C-3) zoning district, to allow development of a lot of 11,578 square feet, representing a variance of 3,422 square feet. Country Inns & Suites (NWSP 06-026) Robert Currie of Currie, Sowards, Aguila Architects Anand Patel LLC 2201 South Federal Highway Request for new site plan approval to construct a 62 room hotel and related site improvements on a 0.91-acre parcel zoned C-3 (Community Commercial. Country Inns & Suites (HTEX 06-008) Robert Currie of Currie, Sowards, Aguila Architects Anand Patel LLC Community Redevelopment Agency Board October 25,2006 Page 4 Country Inns & Suites (HTEX 06-008) cone d. LOCATION: DESCRIPTION: C. Las Ventanas (Uptown Lofts) Site Plan Time Extension 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: D. Neelam Business Center Site Plan Time Extension 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: 2201 South Federal Highway Request for height exception approval to allow decorative dormers at a height of 53 feet - 7 inches, a total of approximately 9 feet above the 45 foot height limit for buildings in the C-3 zoning district. Las Ventanas (Uptown Lofts) (SPTE 06-009) Kyle Riva, Epoch Properties, Inc. Epoch Properties Inc. Northwest comer of Federal Highway and Woolbright Road Request for a 12-month Site Plan Time Extension for site plan approval granted on September 6,2005, to extend site plan approval from September 6,2006 to September 6,2007. Neelam Business Center (SPTE 06-010) Anan Patel, Managing Partner -AA, LLC AA, LLC 924 North Federal Highway Request for a 6-month Site Plan Time Extension for site plan approval granted on August 2, 2005, to extend site plan approval from August 2,2006 to February 7, 2007. Community Redevelopment Agency Board October 25, 2006 E. Mixed Use Zoning Districts Code Review 1. PROJECT: AGENT: DESCRIPTION: Page 5 Mixed Use Zoning Districts (CDRV 06-002) City-initiated Request for approval of proposed amendments to Chapter 2, Zoning, Section 6.F. Mixed Use Zoning Districts for conversion of Mixed Use-Low (MU-L) to Mixed Use-Low 1 (MU-Ll), amendment of Mixed Use-High (MU-H), and establishment of the Mixed Use-Low 2 (MU-L2) and Mixed Use-Low 3 (MU-L3) zoning districts. S:\Planning\SHARED\WP\AGENDAS\CRAB\2006 agendas\CRA P&Z Agenda items IO-25-06.doc COMMUNITY REDEVELOPMENT AGENCY - ROLL CALL VOTES Jeanne Heavilin Henderson Tillman, Chair Marie Horenburger Stormet Norem Vice Chair Steve M ott Guam Sims Rev. Chane YES NO YES NO YES NO YES NO YES NO YES NO YES NO Guam Sims Rev. Chaney 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 Rev. Chane Steve M ott Stormet Norem Vice Chair s:\cc\wp\minutes\cra\roll call sheets.doc ~ VII. PUBLIC HEARING: OLD BUSINESS NONE ~ VII. PUBLIC HEARING: NEW BUSINESS A. PUBLIC NOTICE OF INTENT TO DISPOSE OF REAL PROPERTY LOCATED AT 607 AND 609 SEACREAST BLVD. 1~~qY~T8IRA ilIIi East Side-West Side- Seas ide Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: October 25,2006 AGENDA ITEM: I I Consent Agenda Old Business New Business I X I Public Hearing Other SUBJECT: Public Notice of Intent to Dispose of Real Property located at 607 and 609 Seacrest Blvd. SUMMARY: The CRA owns property located at 607 and 609 Seacrest Blvd. As part of the adopted HOB Work Program, it is proposed that the CRA donate the property to the Boynton Beach Faith Based Community Development Corporation ("CDC") in order to construct three new affordable single-family homes. Pursuant to Section 163.380, Florida Statutes, when property is disposed of by a CRA for less than the fair value, such disposition requires the approval of the Board at a duly noticed public hearing. If the Board approves this transfer at this public hearing, (as it did during the public meeting held in September), staff will immediately commence with publishing notice of this intended transfer, and if, after 30 days, no other developers have submitted proposals, the transfer shall become effective and an agreement shall be executed with the CDC (the agreement will be included as part of the Board packet for the November Board meeting). FISCAL IMPACT: None. RECOMMENDA TIONS: ends approval of the disposal of the land located at 607 and 609 Seacrest Blvd. by donating ton Beach Faith Based CDC for redevelopment. Vivian r;. Brooks CRA Planning Director C:\Documents and Settings\kspillias\Local Settings\Temporary Internet Files\Public Hearing Parker (2) staff report. doc ~ VII. PUBLIC HEARING: New Business B. The Office at Bamboo Lane I ZNCV 06-011 And The Office at Bamboo Lane - ANNEX 06-008 and LUAR 06-021 And The Office at Bamboo Lane I NWSP 06-023 ~1~~Y~T8~CRA iIi East Side-West Side-Seaside l\enalssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: October 25, 2006 AGENDA ITEM: I Consent Agenda Old Business New Business I X Public Hearing Other SUBJECT: The Office at Bamboo Lane located at 3847 N. Federal Hwy. SUMMARY: This project is located in Planning Area Five of the Federal Highway Corridor Redevelopment Plan. The applicant is seeking to construct a 7,497 professional office building. The property is located in unincorporated Palm Beach County and therefore is requesting annexation into the City. The proposed land use is Local Retail Commercial (LRC) and the proposed zoning is Community Commercial (C-3). The applicant is also seeking a variance from land Development Regulations requiring a minimum lot size of 15,000 to allow a minimum of 11,578 sq. ft. lot size. Concurrently, the applicant is requesting approval of a new site plan (NWSP 06-023). FISCAL IMPACT: If approved and constructed, the project will provide additional TIF revenue to the CRA. RECOMMENDA TIONS: The application for annexation is consistent with the City's Comprehensive Plan. Therefore, staff recommends approval of the annexation, land use and zoning requests. Additionally, staff recommends that the request for variance from minimum lot size is granted due to applicant's proof of hardship. The applicant has met CRA staff s conditions of approval for the site plan. Therefore, staff recommends approval of the site plan. L[/1J- ~~ Vivian . Brooks eRA Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 10 25 CRA Board Meeting\Office at Bamboo.doc TO: THRU: FROM: DATE: PROJECT NAME I NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-179 STAFF REPORT Chairman and Members Community Redevelopment Agency and City Commission "" I )'\2--- Michael W. Rumpf I\..-N"' Planning and Zoning Director Kathleen Zeitler (.0 Planner October 17, 2006 The Office at Bamboo Lane I ZNCV 06-011 Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6.C.3., requiring a minimum lot area of 15,000 square feet, to allow a minimum lot area of 11,578 square feet (a variance of 3,422 square feet) for a proposed professional business office building within the Community Commercial (C-3) zoning district. Property Owner: Applicantl Agent: Location: Acreage: Proposed Use: Zoning District: Adjacent Uses: North: South: East: PROJECT DESCRIPTION Jaime Mayo, Nigel Development, Inc. Michael Hanlon, HNM Architecture, LLC 3847 North Federal Highway (southeast corner of North Federal Highway and Bamboo Lane) 0.265 acre (11,578 square feet) Professional Business Office Community Commercial (C-3) Bamboo Lane (private ingress-egress easement), and farther north is property classified High Density Residential (HDR) and zoned Infill Planned Unit Development (IPUD) (forthcoming Estancia at Boynton Beach project); Developed commercial property classified as Palm Beach County Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG) (Carlson's Lawn and Garden Supply store); Right-of-way for Palmer Road, and farther east is developed single-family residential classified as Palm Beach County Medium Density Residential (MR-5) land use and zoned Palm Beach County Single-Family Residential (RS); and, Staff Report ZNCV 06-011 Memorandum No PZ-06-179 Page 2 West: Right-of-way for Federal Highway, then farther west is developed commercial property classified as Palm Beach County Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG) (Cantway Building Specialties). BACKGROUND The subject property is currently an undeveloped lot located at the southeast corner of North Federal Highway and Bamboo Lane (see Location Map - Exhibit "A"). The 0.265-acre parcel is situated within the City's future annexation area and within Planning Area 5 of the Federal Highway Corridor Community Redevelopment Plan, which has the role of being the southern entrance into the City. In conjunction with this request, the applicant is also requesting annexation (ANEX 06-00S), a future land use amendment to LRC and rezoning to C-3 (LUAR 06-021), and new site plan approval (NWSP 06-023). Prior to annexation, the subject property was in unincorporated Palm Beach County and zoned Commercial, General (CG). The 0.265-acre (11,578 square feet) lot is considered a valid nonconforming lot by Palm Beach County regulations, which require a minimum lot size of 1.0 acre (43,560 square feet) in the CG zoning district. The requested C-3 zoning district requires a minimum lot size of 15,000 square feet (0.34 acre), therefore the lot would be considered a valid nonconforming lot per City regulations as well. The Land Development Regulations, Section 11.1.C.8.a., which addresses nonconforming lots states: "For nonconforming lots which are vacant or are proposed to be cleared and redeveloped, a variance shall be required prior to the construction of any structures or establishment of any use on the lot or parcel". The applicant is requesting a variance of 3,422 square feet to the minimum lot size in C-3 in conjunction with the new site plan. Variance approval would result in the subject property being considered a conforming lot. The applicant is requesting a variance to minimum lot area to construct a professional business office building, which is a permitted use in the C-3 zoning district. The subject property complies with all C-3 requirements, with the exception of minimum lot area of 15,000 square feet (see Survey - Exhibit "B"). The project will comply with all other minimum requirements of the C-3 regulations as well as all other applicable development regulations, including the Urban Commercial District Overlay Zone (Federal Highway Corridor Community Redevelopment Plan). ANALYSIS Staff reviewed the requested variance focusing on the applicant's response to criteria a.- g. below (see Exhibit "C"). The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The subject property is considered a nonconforming lot because it does not meet the minimum lot size of the C-3 zoning district regulations. The applicant requested the City's C-3 zoning for the following reasons: (1) C-3 corresponds with the property's current CG zoning district; (2) C-3 corresponds with the City's LRC future land use designation for the area; (3) C-3 is the only commercial zoning district in this area along Federal Highway; and (4) C-3 regulations state it is intended for commercial facilities located adjacent to at least one major thoroughfare. The parcel was created many years ago, and is considered a valid nonconforming lot based on both County and City requirements. Section 11.1.C.S.a Non-Conforming Lot regulations, requires a variance prior to construction on any nonconforming lot which is vacant or to be redeveloped. A variance to the minimum lot area of 15,000 square feet in the C-3 zoning district is necessary in order to build on the lot. Staff Report ZNCV 06-011 Memorandum No PZ-06-179 Page 3 The applicant's justification statement for the variance request explains that if the unplatted Bamboo Lane ingress-egress easement had been constructed per the unfiled plat of R.P. Swetman, the location of the road would be north of its present location, and the subject parcel would have complied with the minimum lot area of 15,000 square feet reqUired in the C-3 zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant The applicant purchased the subject property in its current configuration in February, 2005. Based on available public records, it appears that the subject parcel was created many years ago and grandfathered as a valid, nonconforming lot (due to lot size) in unincorporated Palm Beach County. The applicant requested the City's C-3 zoning for the following reasons: (1) C-3 corresponds with the property's current CG zoning district; (2) C-3 corresponds with the City's LRC future land use designation for the area; (3) C-3 regulations state it is intended for commercial facilities located adjacent to at least one major thoroughfare; and (4) C-3 is the only commercial zoning district in this area along Federal Highway and other commercial zoning would be considered "spot" zoning. The parcel is bound on the east and west by rights-of-way and on the north by an ingress/egress easement. The applicant has attempted to meet the minimum lot area requirement by trying to purchase the adjacent lot to the south (Carlson Lawn and Garden Center) to assemble with the subject property. However, the adjacent property owner is unwilling to sell. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. The Land Development Regulations set forth the minimum requirements for the development of a lot. In addition, the provisions for nonconforming lots (if vacant or to be redeveloped) require a variance prior to the issuance of a permit for construction or use of the lot. Many lots in the area of the subject property are similarly nonconforming lots due to lot size. The area is slated for future annexation and redevelopment, and these parcels, unless assembled, are not of sufficient size to support a residential project. Therefore they will likely be similarly rezoned to C-3 and will require variances to the lot area prior to development. The proposed office building project will comply with all other applicable requirements. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant Precedent has been set, as City records indicate that many variances have been granted over the years for minimum lot size. Many lots in the area of the subject property are nonconforming to lot size and were developed years ago. Many of these lots are now in poor condition and in need of redevelopment. Literal interpretation of this criteria would deprive the applicant the right to develop the property. The proposed office building would be a positive benefit to the general area which is located at the southern entrance into the City. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Staff Report ZNCV 06-011 Memorandum No PZ-06-179 Page 4 The proposed professional business office building will comply with all development regulations such as lot frontage, applicable setbacks, maximum lot coverage, and building height, with the exception of meeting the minimum lot area of 15,000 square feet required in the C-3 zoning district. The applicant has requested annexation, land use amendment and rezoning, and new site plan approval in addition to the variance request. Without the requested variance, the applicant will not be able to obtain a building permit to construct the office building and will therefore not have reasonable use of the land. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The area of the subject property includes many substandard lots by current regulations. The establishment of the nonconforming lot provisions clearly dictate the requirements for variances to vacant lots and those to be redeveloped. Approval of the subject variance would not represent a further reduction in the minimum development standards within this redevelopment area, and will proVide a minimal contribution to the economic value of the area and tax base for the city. Further, property size will limit development to a lower intensive use, such as a small office use, which would be reasonably compatible with the adjacent neighborhood. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements/ or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. The applicant provided a statement confirming that adjacent properties are not available to make the subject parcel conforming in order to eliminate this variance request. The property fronts roads on three (3) sides. The only adjacent property is the parcel to the south (Carlson's Lawn and Garden Supply store) which is a developed commercial property classified as Palm Beach County Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG). This adjacent parcel is currently considered to be a nonconforming lot due to lot size, since the minimum lot size in the CG zoning district is one (1) acre. If the adjacent property owner sold a portion of their developed property to the applicant, their nonconforming lot would become even more nonconforming to minimum lot size, and potentially other development regulations as well. The applicant states that the purchase of the entire adjacent parcel is not possible due to the property owner's refusal to sell. RECOMMENDATION Staff recommends approval.ofthe requested variance based on the finding of "hardship". Staff concurs with the applicant that special conditions and circumstances exist that are not the result of actions by the applicant. This request will not be injurious or detrimental to the area, and the variance requested is the minimum necessary to make possible the reasonable use of the land. Staff also concludes that approval of the requested variance will not contradict the vision the community has for this area. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in Exhibit "Dff - Conditions of Approval. MR/kz S:\Planning\SHARED\ WP\PROJECTS\Bamboo Lane\ZNCV 06-011 \Staff Report.doc EXHIBIT "All - LOCATION MAP Nle -J ; iii : (4 . o 25 50 100 150 200 ~..-- ,Feffi N ..' s .K'Q!;! d :H ~~ ",i 1-0. I.. . oli: ~S I- .. ~~ <l: <'> ~I M I I I ~ I : ~~ I :3 a b~ I EH ...1 ~~i:i I pq a ~ I k . !!I ii I ~ i !!II k,~ ~~l ;11 ~. IV H ~~j BSi!I I \ ~I~ I ~If ~ \<11/ I ~ ~ lGcu r. , :l~ J'''''i:ii;;} ~ . ill I t~ I s~ ~~ A/I /~ EXHIBIT B ~ "/~ ~ ----- '\ i :: 1 ([33([ ,00'O,"'i~__,,,,,",,, ~I ;1- 1/f'6t:..:06S HJ.!Jf'l3'/ :J~II . .~~,O~ 00 ~ snl([lI~ ? ~ ~ . ~ 11.1.'/3([ ~ ~ / / / / / / /f~ I Ie / .....'I! ~ ;!/ I ~ filii ~;t I ~\fj/ ~ / "< z'" !gj / e~ lD", 15J, / !Z ~ I ~ ~ / B- w ..i / 5 ~ If / ~ .. g ~,~ 3 .; ii,!!~" i:' ~ ~rrJ ~ ~ ~:J .~ 121.. Zo . I/") ~Iri u;~ 'i:J.ll., ~ ~ A'U ~ ....... <;.. "'" ~ ~ -;; I~<,> ""w I?!!l!:l ?ri~ Iz<,> bG:l 0- QU. ~ ~ ~ I ij' ~1: I ~ !15 I ii ~~ ;i!l 15 t; I i!U ~, v " '. ---.: , ", '. I --.:::: I ~ ~Nortt f I / / I / / / / I / / 1 / t~!J ! 891/ 'I.~' / l&' / i!... / r~; / I I I .-.,...-...... I I ~~ ,I / / / / / ~! 1.../ IJ,/ Ie 'II / ~ / I --- 3Nn~ ___ '~.ol't ----- NIGEL DEVELt.,PMENT, INC. 3705 NORTH FEDERAL HIGHWAY DELRAY BEACH, FLORIDA 334B3 TEL: 561.733.2225 FAX: 561.733.23B3 EXHIBIT C RE: 3B47 NORTH FEDERAL HWY. DELRAY BEACH, FL 334B3 PRO.JECT NAME: THE OFFICE AT BAMBOO LANE ZONING CODE VARIANCE ApPLICATION FOR MINIMUM LOT AREA OF 1 S,OOO B.F. A. THE SUB.JECT PROPERTY HAS EXISTING CONDITIONS AND SPECIAL CIRCUMSTANCES THAT ARE PECULIAR TO THE LAND AND THAT ARE NOT APPLICABLE TO OTHER PROPERTIES IN THE SAME ZONING DISTRICT. THE SUB.JECT PROPERTY HAS AN INGRESS-EGRESS EASEMENT FROM BAMBOO LANE. BAMBOO LANE HAS NEVER BEEN PLATTED AND WAS NEVER CONSTRUCTED PER THE UNFILLED PLAT OF R.P. SWETMAN. PER THE SURVEY, THE 3D FT. RIGHT OF WAY FOR BAMBOO LANE SHOULD HAVE BEEN LOCATED FURTHER NORTH. THIS WOULD HAVE LEFT A SMALL- TRIANGULATED PARCEL TO THE NORTH OF THE SUB.JECT PROPERTY. THE ADDITION OF THAT SMALL PARCEL, IF PLATTED PER R.P. SWETMAN, WOULD HAVE MADE THE SUB.JECT PROPERTY CONFORMING. IN FACT, THE SUB.JECT PROPERTY IS ACTUALLY INCORRECTLY RECORDER IN THE PALM BEACH PROPERTY APPRAISER AS A 1 5,000 S.F. LOT. B. THE ABOVE SPECIAL CONDITIONS WERE INTACT WHEN THE SUB.JECT PARCEL WAS PURCHASED AND ARE NOT A RESULT OF ANY ACTIONS TAKEN BY THE OWNER. C. THE GRANTING OF A VARIANCE WILL NOT CONFER ANY SPECIAL PRIVILEGES THAT ARE DENIED BY THIS ORDINANCE TO OTHER PARCELS IN THE SAME ZONING DISTRICT. THE BUILDING WILL FULLY COMPLY WITH ALL 0-3 ZONING AND FEDERAL HIGHWAY CORRIDOR COMMUNITY REDEVELOPMENT REGULATIONS. D. THE PROVISIONS OF THIS CHAPTER WOULD PROHIBIT THE RIGHTS COMMONLY EN.JOYED BY OTHER PROPERTIES IN THE SAME ZONING DISTRICT. DUE TO THE PARKING RE~UIREMENTS AND CONSTRAINTS OF THE SITE, THE BUILDING WILL BE AN ELEVATED STRUCTURE WITH PARKING UNDERNEATH. THE HEIGHT OF THE OFFICE BUILDING WILL BE AT AN APPROPRIATE SCALE CONFORMING TO THE HEIGHTS OF STRUCTURES ALONG THE FEDERAL HIGHWAY CORRIDOR. WITHOUT A VARIANCE THIS WOULD NOT BE POSSIBLE. E. THE VARIANCE GRANTED IS THE MINIMUM VARIANCE THAT WILL ALLOW REASONABLE USE OF THE LAND. IT WILL PERMIT THE SUB.JECT PROPERTY TO CONSTRUCT A BUILDING THAT WILL CONFORM TO THE BUILDING HEIGHTS ALONG THE FEDERAL HIGHWAY CORRIDOR. F. THE GRANTING OF THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT AND PURPOSE OF THIS CHAPTER AND WILL NOT BE IN.JURIOUS TO THE AREA INVOLVED OR DETRIMENTAL IN ANY WAY TO THE PUBLIC WELFARE. IT WILL, IN FACT, ALLOW THE PARCEL TO CONFORM TO THE APPROPRIATE SCALE OF THE FEDERAL HIGHWAY CORRIDOR. G. THE SUB.JECT PROPERTY IS A CORNER LOT FRONTING FEDERAL HIGHWAY TO THE WEST, BAMBOO LANE TO THE NORTH AND PALMER ROAD (PRIVATE ROAD) TO THE EAST. THE ONLY PARCEL, TO THE SOUTH, HAS A CURRENT LOT AREA OF 1 S,DDDs.F (100FT X 1 50 FT.>. THE PURCHASE OF THE ENTIRE PARCEL IS NOT POSSIBLE DUE TO CURRENT OWNER'S REFUSAL TO SELL, AND THE AC~UISITION OF A PARTIAL PIECE OF LAND WOULD MAKE THE AD.JACENT LOT NONCONFORMING AS WELL. IF YOU HAVE ANY ~UESTIDNS OR NEED ANY FURTHER INFORMATION, PLEASE CONTACT ME. THANK YOU. NIGEL DEVELOPMENT, INC. ZONING CODE VARIANCE ApPLICATION To THE OITY OLERK - OITY OF' BOYNTON BEACH AFFIDAVIT RE: 3B47 NORTH FEDERAL HWY. DELRAY BEACH, FL 334B3 PRO.JECT NAME: THE OF'FICE AT BAMBOO LANE FILE #: THE SUB.JECT PROPERTY IS A CORNER LOT F'RONTlNG FEDERAL HIGHWAY TO THE WEST, BAMBOO LANE TO THE NORTH ANO PALMER ROAO (PRIVATE ROAD) TO THE EAST. THE ONLY PARCEL, TO THE SOUTH, HAS A CURRENT LOT AREA OF 1 S,OOOS.F (100FT X 150 FT.>. THE PURCHASE OF' THE ENTIRE PARCEL IS NOT POSSIBLE DUE TO CURRENT OWNER'S REFUSAL TO SELL, ANO THE ACQUISITION OF' A PARTIAL PIECE OF' LAND WOULD MAKE THE AO.JACENT LOT NONCONFORMING AS WELL. EXHIBIT "D" Conditions of Approval Project name: The Office at Bamboo Lane File number: ZNCV 06-011 I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General , .. Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: None CRA STAFF Comments: None Conditions of Approval Bamboo Lane ZNCV 06-011 P 2 age DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION COMMENTS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Bamboo Lane\ZNCV 06-011\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Office at Bamboo Lane APPLICANT: Jaime Mayo, Nigel Development, Inc. APPLICANT'S AGENT: Michael Hanlon, HNM Architecture, LLC AGENT'S ADDRESS: 3705 North Federal Highway, Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 21, 2006 TYPE OF RELIEF SOUGHT: ZNCV 06-011: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6.C.3., requiring a minimum lot area of 15,000 square feet, to allow a minimum lot area of 11,578 square feet (a variance of 3,422 square feet) for a proposed professional business office building within the Community Commercial (C-3) zoning district. LOCATION OF PROPERTY: 3847 North Federal Highway (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect' immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:IPlanningISHAREDlWPIPROJECTSlBamboo Lane\ZNCV 06-011\DQ,doc TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: Property Owner: Applicant/Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Adjacent Uses: North: South: DEVELOPMENT DEPARTMENT PLANNING &. ZONING DIVISION MEMORANDUM NO. PZ 06-142 Chair and Members Community Redevelopment Agency Board and City Commission Kathleen Zeitler a Planner \.I~ Michael W. RumPfll~ Director of Planning and Zoning October 18, 2006 The Office at Bamboo Lane ANEX 06-008 and LUAR 06-021 PROJECT DESCRIPTION Nigel Development, Inc. / Jaime Mayo, President Michael Hanlon, HNM Architecture, LLC 3847 North Federal Highway, Delray Beach, east side of Federal Highway, south of Bamboo Lane, west of Palmer Road (see Exhibit "A" - Location Map) CHIS Commercial High/with underlying Medium Density Residential of S du/ac (Palm Beach County) CG General Commercial (Palm Beach County) Local Retail Commercial (LRC) Community Commercial (C-3) To annex the 0.26S-acre parcel, to reclassify its land use to Local Retail Commercial (LRC), and rezone to Community Commercial (C-3) to construct a professional business office. Bamboo Lane (private ingress-egress easement), and farther north is property classified High Density Residential (HDR) and zoned Infi" Planned Unit Development (IPUD) (forthcoming Estancia at Boynton Beach project); Developed commercial property classified as Palm Beach County Page 2 The Office at Bamboo Lane ANEX 06-008 and LUAR 06-021 Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG) (Carlson's Lawn and Garden Supply store); East: Right-of-way for Palmer Road, and farther east developed single- family residential classified as Palm Beach County Medium Density Residential (MR-S) land use and zoned Palm Beach County Single- Family Residential (RS); and, West: Right-of-way for Federal Highway, then farther west is developed commercial property classified as Palm Beach County Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG) (Cantway Building Specialties). EXECUTIVE SUMMARY Staff recommends approval of the requested annexation I land use amendment I rezoning for the following reasons: 1. The requested annexation is consistent with the objectives of the City's annexation program, which emphasizes the annexation of enclaves, as well as consistent with relevant policies in the Comprehensive Plan; 2. The requested land use and zoning are consistent with respective current designations in unincorporated Palm Beach County; 3. The request will not create additional impacts on infrastructure that cannot be accommodated by the City at present; and, 4. The requested change would help to further provide an economic contribution to both the neighborhood and to the City. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject annexation I land use amendment I rezoning were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. PROJECT ANALYSIS The proposed annexation (ANEX 06-008) application is being reviewed concurrently with an accompanying request for a future land use amendment and rezoning (LUAR 06-021). The subject property's current land use classification is Commercial High with underlying Medium Density Residential of S dwelling units per acre (Palm Beach County CHIS). The applicant is requesting a voluntary annexation into the City to utilize the Local Retail Commercial (LRC) land use classification and the Community Commercial (C-3) zoning district. Page 3 The Office at Bamboo Lane ANEX 06-008 and LUAR 06-021 The parcel which is the subject of this land use amendment totals 0.265 acre or 11,578 square feet. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this land use amendment request as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs, and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The proposed land use classification (LRC) is the city's equivalent to the County's CHIS land use classification, in terms of the allowable uses and respective intensities. Therefore, the requested land use amendment I rezoning application would be consistent with Chapter 2, Section 9.C.2(2) of the Land Development Regulations which states in part: "The requirements contained in paragraph 7. below shall not apply where rezoning is requested in conjunction with an application for annexation, and the rezoning would be consistent with the Palm Beach County Comprehensive Plan". Since this is the case, the request is relatively straightforward and would not require an evaluation of the eight (8) criteria against which rezoning applications are normally reviewed, as outlined in Chapter 2, Section 9.C.7 of the Land Development Regulations. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. The only policy in the Comprehensive Plan that would be pertinent to this request for annexation I land use amendment I rezoning would be Policy 8.1004, which states the following: 8.1004: The City shall coordinate with Palm Beach County regarding the prevention of enclaves, pockets, or other undesirable land configurations adjacent to, or in the proximity to, corporate limits, prior to annexation of any parcels into the City. Basically, this Policy requires the establishment of an annexation program, promotes orderly annexation, and prohibits the creation of new enclaves. The annexation of the subject property will further the efforts of the annexation program through reduction in the number of enclave properties. State annexation law allows the annexation of enclaves that are less than 10 acres through an inter-local agreement with the County without the consent of the property owners. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the intent to reduce the entire enclave below the 10-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy within the Comprehensive Plan regarding annexation. In connection with previous annexation studies, city departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1. The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2. Ample service capacity exists to serve adjacent unincorporated properties; and 3. Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire I EMS only); Page 4 The Office at Bamboo Lane ANEX 06-008 and LUAR 06-021 With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that it meets Traffic Performance Standards of Palm Beach County. The Police and Fire Departments report that this project has been reviewed for potential service impacts and availability, and based on the proposed use, it has been determined that services allocated to, or existing within the area are adequate to provide the project with a necessary level of service. The subject property lies within Planning Area V of the Federal Highway Corridor Community Redevelopment Plan. Area V contains a mix of land uses, including commercial uses on small parcels. Although residential uses are encouraged along Federal Highway through redevelopment, the subject property is insufficient in size to support a residential project. The subject property is a vacant lot of 0.265 acres (11,578 square feet) and is considered a valid nonconforming lot under Palm Beach County's jurisdiction due to the lot size. The minimum lot size in the County's CG zoning district is one (1) acre. The requested C-3 zoning district requires a minimum lot size of 15,000 square feet (0.34 acre). Therefore, the applicant is requesting a variance of 3,422 square feet to the minimum lot size in C-3 in the conjunction with the new site plan. Existing land uses along the U.S. 1 frontage are predominately retail; consequently a Local Retail Commercial (LRC) land use designation and Community Commercial (C-3) zoning category are appropriate, both for lots which are presently in the City, and those which will be annexed. The intent of the County's CG district is "to encourage the development of intensive commercial uses providing a wide range of goods and services, with access from a collector or arterial street and services a consumer market of at least a three mile radius". Similarly, the intent of the C-3 district is "to encourage the development of appropriate intensive retail commercial facilities providing a wide range of goods and services, located centrally and accommodating three (3) or four (4) neighborhoods and located adjacent to at least one major thoroughfare". CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the overall economic development of the City. Therefore, staff recommends that the subject requests be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "C" - Conditions of Approval. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\The Office at Bamboo Lane\LUAR 06-021\Staff Report.doc EXHIBIT "A" - LOCATION MAP -./ ; IIj B ~ . N w.' s o 25 50 100 150 200 ~-- IFe~ !5 i ~l~~ , iill~ ! 3 3,~11 h II!. f .. ~u~J ~. -1 I I ~ I / ~ I; ,I iP I I I I I I I J I I I I I I I I I I I I I I I I I I J , i. I~ li II .~. Q):; u~ .; .-" :t::" o~ UJ~ I~ .-@ II II h u n H ...... In ii.~j 11 I~ i- Ii ) _ l~~ - ___~~~~ 1;.-1, ----____~Ihll .(v~ ____ J4 -- I~ __ .(vAo,_.1iL ____:.~...J4 ~ I ----___~ Ii ---&, ~ EXHIBIT "C" Conditions of Approval Project name: The Office at Bamboo Lane File number: ANEX 06-008, LUAR 06-021 I DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic Comments: None ENGINEERING DIVISION Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: To be determined. ANEX 06-008, LUAR 06-021 CONDITIONS OF APPROVAL PAGE 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\ W P\PROJ ECTS\Bamboo LaneILUAR\COA.doc TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-177 STAFF REPORT Chair and Members of the Community Redevelopment Agency Board and City com~s~~n ___ Michael RumpfF Planning and Zoning Director Kathleen Zeitler \~ Planner October 18, 2006 The Office at Bamboo Lane I NWSP 06-023 New Site Plan Property Owner: Agent/ Applicant: Location: PROJECT DESCRIPTION Nigel Development, Inc. I Jaime Mayo, President Michael Hanlon of HNM Architecture, LLC 3847 North Federal Hwy (southeast corner of Federal Hwy and Bamboo Lane) (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) I Community Commercial (C-3) Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: No change Request new site plan approval to construct a 7,497 square foot professional business office building 11,578 square feet (0.265 acres) Bamboo Lane (private ingress-egress easement), and farther north is property classified High Density Residential (HDR) and zoned Infill Planned Unit Development (IPUD) (forthcoming Estancia at Boynton Beach project); Developed commercial property classified as Palm Beach County Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG) (Carlson's Lawn and Garden Supply store); Right-of-way for Palmer Road, and farther east is developed single-family residential classified as Palm Beach County Medium Density Residential (MR-5) land use and zoned Palm Beach County Single-Family Residential (RS); and, Staff Report - Bamboo Lane (NWSP 06-023) Memorandum No PZ 06-177 Page 2 West: Site Features: Proposal: Concurrency: Traffic: School: Police I Fire: Utilities: Drainage: Right-of-way for Federal Highway, then farther west is developed commercial property classified as Palm Beach County Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG) (Cantway Building Specialties). According to the survey, the subject site is currently vacant, and has 90 feet of frontage on Federal Highway, 145 feet of frontage on Bamboo Lane, and 70 feet of frontage on Palmer Road. Bamboo Lane is an ingress-egress easement approximately 50 feet in width, and Palmer Road is a 20 foot right-of-way. Both roads provide primary access to single-family residential lots located east of the subject property. BACKGROUND Michael Hanlon of HNM Architecture, LLC, representing Nigel Development, Inc. is requesting new site plan approval for the construction of a 7,497 square foot professional business office building with under-story parking on the 0.26s-acre parcel. The applicant has also requested to annex the subject property (ANEX 06- 008), amend the land use classification from CHIS (PBC) to LRC, and rezone from CG (PBC) to C-3 (LUAR 06-021). ANALYSIS A traffic statement for the project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. In a response dated August 21, 2006, Palm Beach County Traffic Division determined that the project will generate 172 new daily trips which they state constitutes an "insignificant impact on the roadway network, and therefore meets the Traffic Performance Standards of Palm Beach County". No building permits are to be issued for the project after the build-out date of 2008. School concurrency is not required for this type of project. Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Conceptual drainage information was proVided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval). Staff Report - Bamboo Lane (NWSP 06-023) Memorandum No PZ 06-177 Page 3 Driveways: The site plan (Sheet A-1.0) shows that one (1) access point is proposed from Bamboo Lane approximately 88 feet east of the west property line of the subject property. The proposed access drive would be 27 feet in width and provide ingress and egress. The proposed office building would front Bamboo Lane and have no direct access to Federal Highway. Parking: A professional business office use requires one (1) parking space per 300 square feet of gross floor area. The site plan (Sheet A-1.0) proposes a 7,497 square foot office building, which would require a minimum of 25 parking spaces. The site plan depicts 25 parking spaces, including one (1) space designated for handicap use. The proposed parking spaces include a mix of surface parking on site and under- story parking. Since there is no extra parking provided, the site plan notes that medical offices, which require one parking space per 200 square feet of gross floor area, would not be allowed. All spaces, excluding the handicap spaces, would be dimensioned nine (9) feet in width and 16 feet in length with a 2 foot overhang, for a total size of nine feet by 18 feet. All proposed parking stalls, including the size and location of the handicap spaces were reviewed and approved by both the Engineering Division and Building Division. Landscaping: The proposed open space or "pervious" area would be 2,590 square feet or 22.4% of the total lot. The landscape code requires that 50% or more of the plant material be native species. According to the landscape plan (LA1.0), the applicant proposes to landscape around the parking areas and building utilizing native species such as Gumbo Limbo canopy trees and Royal Palm trees, and native shrubs such as Cocoplum, Beach Sunflower, and Spider Lily. The proposed landscaping provides a complimentary mix of canopy and palm trees such as Yellow Elder, Gumbo Limbo, and Royal Palms. All trees would be the required minimum of 12 feet in height at time of planting. However, trees proposed around the building must be installed at one-half the height of the building per the Land Development Regulations (see Exhibit "c" - Conditions of Approval). The landscape plan notes indicate that non-potable water will be used as the source of irrigation for the project. However, if the non-potable water source proves to be too brackish, and potable water has to be used for irrigation purposes, then the use of drought-tolerant species shall be utilized, and water conserving irrigation techniques be applied such as a drip system (see Exhibit "CIf - conditions of approval). Building and Site: The Office at Bamboo Lane is designed as a two (2)-story structure, with under- story parking. The elevations (sheet A-4.0) indicate the top of the roof at 41 feet in height, and the top of the parapet at 45 feet, which is the maximum height allowed in the C-3 zoning district. The ground floor would consist of 555 square feet of lobby area including an elevator and stairway, and an under-story parking area. The second and third floor plans (sheet A-1.1) would each consist of 3,471 gross Staff Report - Bamboo Lane (NWSP 06-023) Memorandum No PZ 06-177 Page 4 square feet of which 3,234 square feet would be air-conditioned space. The floor plans indicate offices for future tenants and restrooms. A second stairway is proposed at the south end of the under-story parking area. The remainder of the site would consist of surface parking and landscaped areas. Desig n: The modern office building design would include a smooth stucco finish on masonry walls with 12-inch wide stucco banding, concrete eyebrows at the top of each floor, and balconies with stainless steel railings. All windows would be clear anodized aluminum frames with light gray tinted impact resistant glass, including the round decorative windows. According to the elevations and materials board, the main body color of the office building would be white: "Brilliant White". The color of the contrasting trim banding is proposed as a gray: "Platinum Gray", complementing the stainless steel balcony railings and aluminum reveals. The concrete eyebrows would be a slate blue: "Province Blue", and provide interest and shadowing on the building. All paints would be Benjamin Moore. Signage: The elevation pages (Sheet A-4.D) show the locations of the wall signs for the proposed office building (north elevation from Bamboo Lane and west elevation from Federal Highway, near the building entrance). The signs would have cast aluminum surface mounted letters in Century Gothic font. No freestanding monument sign is proposed. The north elevation is the building front and would include the main wall sign (61 square feet of sign face) at 38 feet in height on the building. In addition, a rounded concrete wall enclosure would include an identical but smaller wall sign (16 square feet). Each of these wall signs would identify the name of the building and website: "The Office @ bamboolane.net". The building address numbers "3847" (5 square feet) are proposed at approximately 44 feet in height on the building and would consist of aluminum. The west elevation is the side of the building seen from Federal Highway and would include wall signage identical to the Bamboo Lane signage (27 square feet) at a height of approximately 38 feet on the building. Two (2) additional wall signs (33 square feet each) for tenants would be located approximately 38 feet and 25 feet in height on the building. Similarly, the building address numbers "3847" (4.5 square feet) are proposed at approximately 44 feet in height on the building and would consist of aluminum. Lighting: The photometric plan (sheet A-D.1) proposes freestanding lighting fixtures, as well as wall mounted lighting fixtures. The three (3) freestanding pole fixtures would be 18 feet in height and would be located near the entrance to the site, and in the parking areas. All proposed lighting will be shielded to direct light down and away from adjacent properties and rights-of-way. Art: An open space is proposed along Bamboo Lane in close proximity to Federal Highway to exhibit public art, in compliance with the newly adopted requirement for developments to provide public art work. The artwork is proposed as a sculpture as part of a functional bike rack near the building entrance. This artwork Staff Report - Bamboo Lane (NWSP 06-023) Memorandum No PZ 06-177 Page 5 will enhance the ambiance of the proposed development. Ultimate review and approval of the artist and sculpture is still pending by the Arts Commission. RECOMMENDATION Staff has reviewed the applicant's request for new site plan approval and recommends approval of the request. However, the site plan approval is contingent upon approval of the variance request (ZNCV 06- 011) for minimum lot size in the C-3 zoning district. No building permits shall be issued unless the variance request is approved. In addition, the new site plan request is contingent upon the approval of the accompanying prerequisite applications for annexation (ANEX 06-008), land use amendment / rezoning (LUAR 06-021), and subject to satisfying all comments indicated in Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Board or required by City Commission shall be documented accordingly in the Conditions of Approval. s: \Planning\Shared\ Wp\Projeets\Bamboo Lane\NWSP\Staff Report.doc EXHIBIT "A" - LOCATION MAP -.I : : l . ..----__ i o 25 50 100 150 200 ~--__ ,Feffi N w.' s I 1 I I 1 I I .1 ~: il ~ : rl g' ~ I ! I I: t I I : 'I I, b I ~ I L ~ I ~ I !' I! ~ I C I I I ~ I I I I I I ~ III I, h ail wq I ~~ I" h . U 1 ;~I ,.1 IIII i I~ WIL I ~ Ii. II J EXHIBIT IB- , ,. . en' r I i I ~ I~ ho~ :ii ... ~ Q ~ . if I, .., :x: en ! J ~ I iitl I ~~I ; 11"1 ~ I,e. · ,,'; . tlg'.1 III 31 -.. :1, " i;I:~! I !;~I .'Gd' ~!IIG ,,~III Ii '. II~. III; i'~~ !im ~ iiW! ~lli . ~ III'.! 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I , I . ; ~ ~ f Ii H lit III III II ; 11'11 f I l \. ) ,-,..,-",/' (ill miJ I i!i I!II / ",ii' UI' / I .;., i I J~ Jl ! hdd! / I c""""" -------- ----- -, "'- -, .fy~:>;,-~~~""-""'-":::c.":::.~""~"'"~~..:::.-_ -'-.... '~ c///-'/~) ----..... -..... '- ! j Id P i~! ~~ II]~ lill Ii EXH IBIT 8 1ft; ~h II I <1.>:; ()~ .-" _" -.. 0'0 W~ I~ _ _ J--~ .. "" i! i! 'I I i! ! I , ~ . ~ I! la I ~ , Jt ~ I~I I 8 g i I I ~ I ~ ~ ~ .01 alai ii d!!nnn r"- I ~ 1 I IdlJllid I J II J III j Jill n g." ~ !.,~ !f ~ ~, d I I II III ~ II HI Iii ~~~ ~H - - ~ :l.IJ II .i ~ i!~l ; JI~1 ItlltEt . !Ii ~ ... z EXHIBIT B ,El I~i .Ii II s R~ p-.q- . I I g<r:: -a Z 0 i " <l ~ft Z Z ~I 0 0 ~ ~ ~ ~ ~ ~ iE ~ Q):; 0 i~ 0 z u~ ._u ~ -" -. N ~ 0-; UJ~ . I~ ~ !-@ ~i ~ II ~ -. ~ iil ~i h2 ~ af ~ ~I fL u! -a...... ~H - - J ~ ~ ! -a z o ~ ~ ~ ~ -i I " !~ i! I liE i~ II ~ ii Ii ~ f f f . un, uq~ 11 i ~ , i II II ~ ll~ i II i I II Pii," ~ i u I = .Iii! ~ P II I u.~, i'!dn~lI!Jj 8..0 ~ ~ ~ o ~ ~ ....... ~ p::: o ~ ~ o u ~ rn . ~! Ii " " " " jj ~!~~ ( I'll ,,'1 ii! ' .~. l: i& 'I "I :: r~~",. 1 ii ~~~"j] ~ r Ll, . t ____ r-' " " I' EXHIBIT B 0):; u~ .-" :t:R o~ UJ~ I~ !-@ II II hi u2 ul ~H <1144 !n :lij C' -. ---- _._._._~:.~::------ -. -. -. I ~ Iii r IJ~-Il ii I ". ilm ~ i!r! Exhibit "C" CONDITIONS OF APPROVAL New Site Plan Project name: The Office @ Bamboo Lane File number: NWSP 06-023 Reference: 3rd review plans identified as a New Site Plan with a September 19,2006 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments: None PUBLIC WORKS - Forestry and Grounds Comments: None PUBLIC WORKS - Traffic Comments: None ENGINEERING DIVISION Comments: 1. All comments requiring changes and/or corrections to the plans shall be reflected on all appropriate sheets. 2. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 3. Full drainage plans; including drainage calculations, in accordance with the LDR, Chapter 6, Article N, Section 5 will be required at the time of permitting. 4. Paving, drainage and site details will not be reviewed for construction acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: The Office at Bamboo Lane NWSP 06-023 Conditions of Approval Page 2 of5 DEPARTMENTS INCLUDE REJECT 5. All utility easements and utility lines shall be shown on the site plan and landscape plans (as well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable fUture. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 6. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 7. Remove reference to "by others" for sanitary sewer service lateral on civil sheet I of 2. 8. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. Show proposed meter size on the plans. 9. A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 10. Utility construction details will not be reviewed for construction acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: None POLICE Comments: 11. Staff recommends that all exterior doors be equipped with security hinges and be reinforced with case hardened strike plate. 12. Staff recommends that the building be pre-wired for CCTV and alarm systems. The Office at Bamboo Lane NWSP 06-023 Conditions of Approval Page 3 of5 DEPARTMENTS INCLUDE REJECT 13. Staff recommends that glass perimeter doors be equipped with case hardened guard rings to protect the mortise lock cylinder. BUILDING DIVISION Comments: 14. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 15. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 16. At time of permit review, submit signed and sealed working drawings of the proposed construction. 17. Identify within the site data the finish floor elevation (lowest floor elevation) that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: . The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation _' _ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." . From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. . Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 18. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. 19. A water-use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. The Office at Bamboo Lane NWSP 06-023 Conditions of Approval Page 4 of5 DEPARTMENTS INCLUDE REJECT 20. If, capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: The full name of the project as it appears on the Development Order and the Commission- approved site plan. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34). 21. At time of permit review, submit separate surveys of each lot, parcel, or tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 22. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 23. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: 24. Approval of this project is contingent upon the approval of the accompanying requests for annexation (ANEX 06-008) and land use amendment / rezoning (LUAR 06-021). 25. Site plan approval is contingent upon approval of the variance request to minimum lot size. No building permits shall be issued unless the variance request is approved. 26. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04-007. The Office at Bamboo Lane NWSP 06-023 Conditions of Approval Page 5 of5 DEPARTMENTS INCLUDE REJECT 27. If potable water is used for irrigation purposes, the use of drought tolerant plant species (per the South Florida Water Management District Manual) shall be maximized, and the irrigation system should have water conserving designs (such as a drip system), where possible. 28. The trees proposed around the proposed office building must be installed at Y2 the building height of the building (Chapter 7.5, Article II, Section S.M.). 29. The applicant is responsible for compliance with Ordinance 05-060, the "Art in Public Places" program. COMMUNITY REDEVELOPMENT STAFF COMMENTS Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Comments: To be determined. ADDITIONAL CITY COMMISSION COMMENTS Comments: To be determined. MWRJkz S:\Planning\SHARED\WP\PROJECTS\Bamboo Lane\NWSP 06-023\COA.doc IJ~qY~T8~ eRA _ East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: October 25, 2006 AGENDA ITEM: I Consent Agenda Old Business New Business I X Public Hearing Other SUBJECT: The Office at Bamboo Lane located at 3847 N. Federal Hwy. SUMMARY: This project is located in Planning Area Five ofthe Federal Highway Corridor Redevelopment Plan. The applicant is seeking to construct a 7,497 professional office building. The property is located in unincorporated Palm Beach County and therefore is requesting annexation into the City. The proposed land use is Local Retail Commercial (LRC) and the proposed zoning is Community Commercial (C-3). The applicant is also seeking a variance from land Development Regulations requiring a minimum lot size of 15,000 to allow a minimum of 11,578 sq. ft. lot size. Concurrently, the applicant is requesting approval of a new site plan (NWSP 06-023). FISCAL IMPACT: If approved and constructed, the project will provide additional TIF revenue to the CRA. RECOMMENDATIONS: The application for annexation is consistent with the City's Comprehensive Plan. Therefore, staff recommends approval of the annexation, land use and zoning requests. Additionally, staff recommends that the request for variance from minimum lot size is granted due to applicant's proof of hardship. The applicant has met CRA staff s conditions of approval for the site plan. Therefore, staff recommends approval of the site plan. S1m~~~ eRA Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 1025 CRA Board Meeting\Office at Bamboo.doc TO: THRU: FROM: DATE: PROJECT NAME / NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-179 STAFF REPORT Chairman and Members Community Redevelopment Agency and City Commission '" / ')'\2-- Michael W. Rumpf~ Planning and Zoning Director Kathleen Zeitler to Planner October 17, 2006 The Office at Bamboo Lane I ZNCV 06-011 Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6.C.3., requiring a minimum lot area of 15,000 square feet, to allow a minimum lot area of 11,578 square feet (a variance of 3,422 square feet) for a proposed professional business office building within the Community Commercial (C-3) zoning district. Property Owner: Applicantl Agent: Location: Acreage: Proposed Use: Zoning District: Adjacent Uses: North: South: East: PROJECT DESCRIPTION Jaime Mayo, Nigel Development, Inc. Michael Hanlon, HNM Architecture, LLC 3847 North Federal Highway (southeast corner of North Federal Highway and Bamboo Lane) 0.265 acre (11,578 square feet) Professional Business Office Community Commercial (C-3) Bamboo Lane (private ingress-egress easement), and farther north is property classified High Density Residential (HDR) and zoned Infill Planned Unit Development (IPUD) (forthcoming Estancia at Boynton Beach project); Developed commercial property classified as Palm Beach County Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG) (Carlson's Lawn and Garden Supply store); Right-of-way for Palmer Road, and farther east is developed single-family residential classified as Palm Beach County Medium Density Residential (MR-5) land use and zoned Palm Beach County Single-Family Residential (RS); and, Staff Report ZNCV 06-011 Memorandum No PZ-06-179 Page 2 West: Right-of-way for Federal Highway, then farther west is developed commercial property classified as Palm Beach County Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG) (Cantway Building Specialties). BACKGROUND The subject property is currently an undeveloped lot located at the southeast corner of North Federal Highway and Bamboo Lane (see Location Map - Exhibit "A"). The 0.265-acre parcel is situated within the City's future annexation area and within Planning Area 5 of the Federal Highway Corridor Community Redevelopment Plan, which has the role of being the southern entrance into the City. In conjunction with this request, the applicant is also requesting annexation (ANEX 06-008), a future land use amendment to LRC and rezoning to C-3 (LUAR 06-021), and new site plan approval (NWSP 06-023). Prior to annexation, the subject property was in unincorporated Palm Beach County and zoned Commercial, General (CG). The 0.265-acre (11,578 square feet) lot is considered a valid nonconforming lot by Palm Beach County regulations, which require a minimum lot size of 1.0 acre (43,560 square feet) in the CG zoning district. The requested C-3 zoning district requires a minimum lot size of 15,000 square feet (0.34 acre), therefore the lot would be considered a valid nonconforming lot per City regulations as well. The Land Development Regulations, Section 11.1.C.8.a., which addresses nonconforming lots states: "For nonconforming lots which are vacant or are proposed to be cleared and redeveloped, a variance shall be required prior to the construction of any structures or establishment of any use on the lot or parcel". The applicant is requesting a variance of 3,422 square feet to the minimum lot size in C-3 in conjunction with the new site plan. Variance approval would result in the subject property being considered a conforming lot. The applicant is requesting a variance to minimum lot area to construct a professional business office building, which is a permitted use in the C-3 zoning district. The subject property complies with all C-3 requirements, with the exception of minimum lot area of 15,000 square feet (see Survey - Exhibit "B"). The project will comply with all other minimum requirements of the C-3 regulations as well as all other applicable development regulations, including the Urban Commercial District Overlay Zone (Federal Highway Corridor Community Redevelopment Plan). ANALYSIS Staff reviewed the requested variance focusing on the applicant's response to criteria a.- g. below (see Exhibit "C"). The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The subject property is considered a nonconforming lot because it does not meet the minimum lot size of the C-3 zoning district regulations. The applicant requested the City's C-3 zoning for the following reasons: (1) C-3 corresponds with the property's current CG zoning district; (2) C-3 corresponds with the City's LRC future land use designation for the area; (3) C-3 is the only commercial zoning district in this area along Federal Highway; and (4) C-3 regulations state it is intended for commercial facilities located adjacent to at least one major thoroughfare. The parcel was created many years ago, and is considered a valid nonconforming lot based on both County and City requirements. Section 11.1.C.8.a Non-Conforming Lot regulations, requires a variance prior to construction on any nonconforming lot which is vacant or to be redeveloped. A variance to the minimum lot area of 15,000 square feet in the C-3 zoning district is necessary in order to build on the lot. Staff Report ZNCV 06-011 Memorandum No PZ-06-179 Page 3 The applicant's justification statement for the variance request explains that if the unplatted Bamboo Lane ingress-egress easement had been constructed per the unfiled plat of R.P. Swetman, the location of the road would be north of its present location, and the subject parcel would have complied with the minimum lot area of 15,000 square feet required in the C-3 zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant The applicant purchased the subject property in its current configuration in February, 2005. Based on available public records, it appears that the subject parcel was created many years ago and grandfathered as a valid, nonconforming lot (due to lot size) in unincorporated Palm Beach County. The applicant requested the City's C-3 zoning for the following reasons: (1) C-3 corresponds with the property's current CG zoning district; (2) C-3 corresponds with the City's LRC future land use designation for the area; (3) C-3 regulations state it is intended for commercial facilities located adjacent to at least one major thoroughfare; and (4) C-3 is the only commercial zoning district in this area along Federal Highway and other commercial zoning would be considered "spot" zoning. The parcel is bound on the east and west by rights-of-way and on the north by an ingress/egress easement. The applicant has attempted to meet the minimum lot area requirement by trying to purchase the adjacent lot to the south (Carlson Lawn and Garden Center) to assemble with the subject property. However, the adjacent property owner is unWilling to sell. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district The Land Development Regulations set forth the minimum requirements for the development of a lot. In addition, the provisions for nonconforming lots (if vacant or to be redeveloped) require a variance prior to the issuance of a permit for construction or use of the lot. Many lots in the area of the subject property are similarly nonconforming lots due to lot size. The area is slated for future annexation and redevelopment, and these parcels, unless assembled, are not of sufficient size to support a residential project. Therefore they will likely be similarly rezoned to C-3 and will require variances to the lot area prior to development. The proposed office building project will comply with all other applicable requirements. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant Precedent has been set, as City records indicate that many variances have been granted over the years for minimum lot size. Many lots in the area of the subject property are nonconforming to lot size and were developed years ago. Many of these lots are now in poor condition and in need of redevelopment. Literal interpretation of this criteria would deprive the applicant the right to develop the property. The proposed office building would be a positive benefit to the general area which is located at the southern entrance into the City. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Staff Report ZNCV 06-011 Memorandum No PZ-06-179 Page 4 The proposed professional business office building will comply with all development regulations such as lot frontage, applicable setbacks, maximum lot coverage, and building height, with the exception of meeting the minimum lot area of 15,000 square feet required in the C-3 zoning district. The applicant has requested annexation, land use amendment and rezoning, and new site plan approval in addition to the variance request. Without the requested variance, the applicant will not be able to obtain a building permit to construct the office building and will therefore not have reasonable use of the land. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the publiC welfare. The area of the subject property includes many substandard lots by current regulations. The establishment of the nonconforming lot provisions clearly dictate the requirements for variances to vacant lots and those to be redeveloped. Approval of the subject variance would not represent a further reduction in the minimum development standards within this redevelopment area, and will provide a minimal contribution to the economic value of the area and tax base for the city. Further, property size will limit development to a lower intensive use, such as a small office use, which would be reasonably compatible with the adjacent neighborhood. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. The applicant provided a statement confirming that adjacent properties are not available to make the subject parcel conforming in order to eliminate this variance request. The property fronts roads on three (3) sides. The only adjacent property is the parcel to the south (Carlson's Lawn and Garden Supply store) which is a developed commercial property classified as Palm Beach County Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG). This adjacent parcel is currently considered to be a nonconforming lot due to lot size, since the minimum lot size in the CG zoning district is one (1) acre. If the adjacent property owner sold a portion of their developed property to the applicant, their nonconforming lot would become even more nonconforming to minimum lot size, and potentially other development regulations as well. The applicant states that the purchase of the entire adjacent parcel is not pOSSible due to the property owner's refusal to sell. RECOMMENDATION Staff recommends approval ,of the requested variance based on the finding of "hardship". Staff concurs with the applicant that special conditions and circumstances exist that are not the result of actions by the applicant. This request will not be injurious or detrimental to the area, and the variance requested is the minimum necessary to make pOSSible the reasonable use of the land. Staff also concludes that approval of the requested variance will not contradict the vision the community has for this area. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in Exhibit "D" - Conditions of Approval. MR/kz S:\Planning\SHARED\ WP\PROJECTS\Bamboo Lane\ZNCV 06-011 \Staff Report.doc EXHIBIT "A" - LOCATION MAP Nle -I ; /,Jj : l4 . o 25 50 100 150 200 ~---- ,Feffi N w.' s ftlM I I wi I z~ I ~~ I :5 a b~ I eH ...I ~~S I ~ i ~ I j : 1 I!l~~ I ;ii t ~ I e" tJ;: ~~ I 'V ;.~ ;.~ ii~ I \ ~1~! ~/I ~ \<1/ I ~ ~. -- ~ , l;~ "/ ~ ~ ~,~ ~j i ~ ([33([ ,oo'(J2~-_ ~ ''''-c,.~, ~ t;j ;1- -'6f:"06S -., HJ.!JN3, :J~'I '" . I S:5" ''''',0,. 00 snl(['I~ _ ~ ~f, ~ '., '1.1.'3([ ~ ~~ J~l ~ /<\ s.... w ~i / 5 elf / ~ " 8 ~~~ 3 .; if '1 ~c ~ ' ~ I2l ~ Cl I\l"l ~ V 2: ig..J i . w tJ :;s i: ~ ~~ ~ Q)/ri ~ "=... i I r-~-' If'~ ,~I; , '. ~ .re~""bq~ '1': . . : "J.' . ~ : . . :. ~......... 'I> :(,. ':~: .~ ---- r:l ~I ",i l- .. 15~ ~s l- I- !;Z~ <t ~ lQs'tr J....,i:iiiiJ / / / I / / /f~ I !~I / !l! ~!I / i 11 ~I ~;t I ~\li/ ~ / ~~ I fjj / ~~ "'... 15J, / ~~ I ~ ~ / I ~ ~~ I I I I I I I I I I I I 1 I I..w I ;,:- I iW, " y&:' " l/!/I, {I.. I kli~ I ~... I I I I .lID"6lS ~~ ,I I I I I I ~/ J.z,,' ~ I I " ~II '" I f EXHIBIT B IU ~ -.- ~ -:r. ~ ~ I~,," "'w ICow _l'> ~~ Iz~ ow 0- I "L.. 'Cl ~ ~ ""\ ~ v~~ I ~ h i l!5o.. I ~i:! lit; I-Ii.l I ~! ~~ --- P Ii, -<" s ...,............- ---- ------- , SS>1lJ .0., NIGEL DEVELt.,PMENT, INC. 37D5 NORTH FEDERAL HIGHWAY DELRAY BEACH, FLORIDA 334B3 TELl 561.733.2225 FAX: 561.733.23B3 EXHIBIT C RE: 3847 NORTH FEDERAL HWY. DELRAY BEACH, FL 33483 PRO.JECT NAME: THE OFFICE AT BAMBOO LANE ZONING OODE VARIANCE ApPLICATION FOR MINIMUM LOT AREA OF 15,000 e.F. A. THE SUB..JECT PROPERTY HAS EXISTING CONDITIONS AND SPECIAL CIRCUMSTANCES THAT ARE PECULIAR TO THE LAND AND THAT ARE NOT APPLICABLE TO OTHER PROPERTIES IN THE SAME ZONING DISTRICT. THE SUB..JECT PROPERTY HAS AN INGRESS-EGRESS EASEMENT FROM BAMBOO LANE. BAMBOO LANE HAS NEVER BEEN PLATTED AND WAS NEVER CONSTRUCTED PER THE UNFILLED PLAT OF R.P. SWETMAN. PER THE SURVEY, THE 30 FT. RIGHT OF WAY FOR BAMBOO LANE SHOULD HAVE BEEN LOCATED FURTHER NORTH. THIS WOULD HAVE LEFT A SMALL- TRIANGULATED PARCEL TO THE NORTH OF THE SUB..JECT PROPERTY. THE ADDITION OF THAT SMALL PARCEL, IF PLATTED PER R.P. SWETMAN. WOULD HAVE MADE THE SUB..JECT PROPERTY CONFORMING. IN FACT, THE SUB..JECT PROPERTY 15 ACTUALLY INCORRECTLY RECORDER IN THE PALM BEACH PROPERTY APPRAISER AS A 1 5,000 S.F. LOT. B. THE ABOVE SPECIAL CONDITIONS WERE INTACT WHEN THE SUB..JECT PARCEL WAS PURCHASED AND ARE NOT A RESULT OF ANY ACTIONS TAKEN BY THE OWNER. O. THE GRANTING OF A VARIANCE WILL NOT CONFER ANY SPECIAL PRIVILEGES THAT ARE DENIED BY THIS ORDINANCE TO OTHER PARCELS IN THE SAME ZONING DISTRICT. THE BUILDING WILL FULLY COMPLY WITH ALL 0-3 ZONING AND FEDERAL HIGHWAY CORRIDOR OOMMUNITY REDEVELOPMENT REGULATIONS. D. THE PROVISIONS OF THIS CHAPTER WOULD PROHIBIT THE RIGHTS COMMONLY EN..JOYED BY OTHER PROPERTIES IN THE SAME ZONING DISTRICT. DUE TO THE PARKING RE4IUIREMENTS AND CONSTRAINTS OF THE SITE, THE BUILDING WILL BE AN ELEVATED STRUCTURE WITH PARKING UNDERNEATH. THE HEIGHT OF THE OFFICE BUILDING WILL BE AT AN APPROPRIATE SCALE CONFORMING TO THE HEIGHTS OF STRUCTURES ALONG THE FEDERAL HIGHWAY CORRIDOR. WITHOUT A VARIANCE THIS WOULD NOT BE POSSIBLE. E. THE VARIANCE GRANTED 15 THE MINIMUM VARIANCE THAT WILL ALLOW REASONABLE USE OF THE LAND. IT WILL PERMIT THE SUB..JECT PROPERTY TO CONSTRUCT A BUILDING THAT WILL CONFORM TO THE BUILDING HEIGHTS ALONG THE FEDERAL HIGHWAY CORRIDOR. F. THE GRANTING OF THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT AND PURPOSE OF THIS CHAPTER AND WILL NOT BE IN..JURIOUS TO THE AREA INVOLVED OR DETRIMENTAL IN ANY WAY TO THE PUBLIC WELFARE. IT WILL, IN FACT, ALLOW THE PARCEL TO CONFORM TO THE APPROPRIATE SCALE OF THE FEDERAL HIGHWAY OORRIDOR. G. THE SUB..JECT PROPERTY 15 A CORNER LOT FRONTING FEDERAL HIGHWAY TO THE WEST, BAMBOO LANE TO THE NORTH AND PALMER ROAD (PRIVATE ROAD) TO THE EAST. THE ONLY PARCEL, TO THE SOUTH, HAS A CURRENT LOT AREA OF 15,000S.F (100FT X 1 SO FT.>. THE PURCHASE OF THE ENTIRE PARCEL 15 NOT POSSIBLE DUE TO CURRENT OWNER'S REFUSAL TO SELL, AND THE AC4IUISITION OF A PARTIAL PIECE OF LAND WOULD MAKE THE AD..JACENT LOT NONCONFORMING AS WELL. IF YOU HAVE ANY ~UESTIONS OR NEED ANY FURTHER INFORMATION, PLEASE CONTACT ME. THANK YOU. NIGEL DEVELOPMENT, INC. ZONING CODE VARIANCE ApPLICATION To THE OITY OLERK - OITY OF' BOYNTON BEACH AFFIDAVIT RE: 3B47 NORTH FEDERAL HWY. DELRAY BEACH, FL 334B3 PRO....ECT NAME: THE OF'FICE AT BAMBOO LANE FILE #: THE SUB....ECT PROPERTY IS A CORNER LOT FRONTING FEDERAL HIGHWAY TO THE WEST, BAMBOO LANE TO THE NORTH AND PALMER ROAD (PRIVATE ROAD) TO THE EAST. THE ONLY PARCEL. TO THE SOUTH, HAS A CURRENT LOT AREA OF 1 5.DDOs.F (1 DOFT X 150 FT.). THE PURCHASE OF' THE ENTIRE PARCEL IS NOT POSSIBLE DUE TO CURRENT OWNER'B REFUSAL TO SELL, AND THE AC~UISITION OF' A PARTIAL PIECE OF LAND WOULD MAKE THE AD....ACENT LOT NONCONFORMING AS WELL. EXHIBIT "D" Conditions of Approval Project name: The Office at Bamboo Lane File number: ZNCV 06-011 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General , eo Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: None CRA STAFF Comments: None Conditions of Approval Bamboo Lane ZNCV 06-011 P 2 age DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Comments: 1. To be determined. ADDITIONAL CITY COMMISSION COMMENTS Comments: 1. To be determined. S:\Planning\SHARED\ WP\PROJECTS\Bamboo Lane\ZNCV 06-0 II \COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Office at Bamboo Lane APPLICANT: Jaime Mayo, Nigel Development, Inc. APPLICANT'S AGENT: Michael Hanlon, HNM Architecture, LLC AGENT'S ADDRESS: 3705 North Federal Highway, Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 21, 2006 TYPE OF RELIEF SOUGHT: ZNCV 06-011: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6.C.3., requiring a minimum lot area of 15,000 square feet, to allow a minimum lot area of 11,578 square feet (a variance of 3,422 square feet) for a proposed professional business office building within the Community Commercial (C-3) zoning district. LOCATION OF PROPERTY: 3847 North Federal Highway (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the publiC and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:IPlanningISHAREDlWPIPROJECTSlBamboo Lane\ZNCV 06-011\DQ,doc TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: Property Owner: Applicant/Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Adjacent Uses: North: South: DEVELOPMENT DEPARTMENT PLANNING &. ZONING DIVISION MEMORANDUM NO. PZ 06-142 Chair and Members Community Redevelopment Agency Board and City Commission Kathleen Zeitler a Planner '\.iV Michael W. RumPfV-~ Director of Planning and Zoning October 18, 2006 The Office at Bamboo Lane ANEX 06-008 and LUAR 06-021 PROJECT DESCRIPTION Nigel Development, Inc. / Jaime Mayo, President Michael Hanlon, HNM Architecture, LLC 3847 North Federal Highway, Delray Beach, east side of Federal Highway, south of Bamboo Lane, west of Palmer Road (see Exhibit "AIf - Location Map) CHIS Commercial High/with underlying Medium Density Residential of S du/ac (Palm Beach County) CG General Commercial (Palm Beach County) Local Retail Commercial (LRC) Community Commercial (C-3) To annex the 0.26S-acre parcel, to reclassify its land use to Local Retail Commercial (LRC), and rezone to Community Commercial (C-3) to construct a professional business office. Bamboo Lane (private ingress-egress easement), and farther north is property classified High Density Residential (HDR) and zoned Infi" Planned Unit Development (IPUD) (forthcoming Estancia at Boynton Beach project); Developed commercial property classified as Palm Beach County Page 2 The Office at Bamboo Lane ANEX 06-008 and LUAR 06-021 Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG) (Carlson's Lawn and Garden Supply store); East: Right-of-way for Palmer Road! and farther east developed single- family residential classified as Palm Beach County Medium Density Residential (MR-S) land use and zoned Palm Beach County Single- Family Residential (RS); and! West: Right-of-way for Federal Highway! then farther west is developed commercial property classified as Palm Beach County Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG) (Cantway Building Specialties). EXECUTIVE SUMMARY Staff recommends approval of the requested annexation I land use amendment I rezoning for the following reasons: 1. The requested annexation is consistent with the objectives of the City's annexation program! which emphasizes the annexation of enclaves! as well as consistent with relevant policies in the Comprehensive Plan; 2. The requested land use and zoning are consistent with respective current designations in unincorporated Palm Beach County; 3. The request will not create additional impacts on infrastructure that cannot be accommodated by the City at present; and, 4. The requested change would help to further provide an economic contribution to both the neighborhood and to the City. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject annexation I land use amendment I rezoning were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. PROJECT ANALYSIS The proposed annexation (ANEX 06-008) application is being reviewed concurrently with an accompanying request for a future land use amendment and rezoning (LUAR 06-021). The subject property's current land use classification is Commercial High with underlying Medium Density Residential of S dwelling units per acre (Palm Beach County CHIS). The applicant is requesting a voluntary annexation into the City to utilize the Local Retail Commercial (LRC) land use classification and the Community Commercial (C-3) zoning district. Page 3 The Office at Bamboo Lane ANEX 06-008 and LUAR 06-021 The parcel which is the subject of this land use amendment totals 0.265 acre or 11,578 square feet. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this land use amendment request as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs, and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The proposed land use classification (LRC) is the city's equivalent to the County's CHIS land use classification, in terms of the allowable uses and respective intensities. Therefore, the requested land use amendment / rezoning application would be consistent with Chapter 2, Section 9.C.2(2) of the Land Development Regulations which states in part: "The requirements contained in paragraph 7. below shall not apply where rezoning is requested in conjunction with an application for annexation, and the rezoning would be consistent with the Palm Beach County Comprehensive Plan". Since this is the case, the request is relatively straightforward and would not require an evaluation of the eight (8) criteria against which rezoning applications are normally reviewed, as outlined in Chapter 2, Section 9.C.7 of the Land Development Regulations. Instead, staff analysis will relate to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. The only policy in the Comprehensive Plan that would be pertinent to this request for annexation / land use amendment / rezoning would be Policy 8.10.4, which states the following: 8.10.4: The City shall coordinate with Palm Beach County regarding the prevention of enclaves, pockets, or other undesirable land configurations adjacent to, or in the proximity to, corporate limits, prior to annexation of any parcels into the City. Basically, this Policy requires the establishment of an annexation program, promotes orderly annexation, and prohibits the creation of new enclaves. The annexation of the subject property will further the efforts of the annexation program through reduction in the number of enclave properties. State annexation law allows the annexation of enclaves that are less than 10 acres through an inter-local agreement with the County without the consent of the property owners. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the intent to reduce the entire enclave below the 10-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy within the Comprehensive Plan regarding annexation. In connection with previous annexation studies, city departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1. The enclaves are all immediately adjacent to areas within the city that currently receive urban services; 2. Ample service capacity exists to serve adjacent unincorporated properties; and 3. Most enclaves currently receive service from the city via the mutual aid agreement (Police and Fire / EMS only); Page 4 The Office at Bamboo Lane ANEX 06-008 and LUAR 06-021 With respect to impact upon roadways, the Palm Beach County Traffic Division has reviewed the project and determined that it meets Traffic Performance Standards of Palm Beach County. The Police and Fire Departments report that this project has been reviewed for potential service impacts and availability, and based on the proposed use, it has been determined that services allocated to, or existing within the area are adequate to provide the project with a necessary level of service. The subject property lies within Planning Area V of the Federal Highway Corridor Community Redevelopment Plan. Area V contains a mix of land uses, including commercial uses on small parcels. Although residential uses are encouraged along Federal Highway through redevelopment, the subject property is insufficient in size to support a residential project. The subject property is a vacant lot of 0.265 acres (11,578 square feet) and is considered a valid nonconforming lot under Palm Beach County's jurisdiction due to the lot size. The minimum lot size in the County's CG zoning district is one (1) acre. The requested C-3 zoning district requires a minimum lot size of 15,000 square feet (0.34 acre). Therefore, the applicant is requesting a variance of 3,422 square feet to the minimum lot size in C-3 in the conjunction with the new site plan. Existing land uses along the U.S. 1 frontage are predominately retail; consequently a Local Retail Commercial (LRC) land use designation and Community Commercial (C-3) zoning category are appropriate, both for lots which are presently in the City, and those which will be annexed. The intent of the County's CG district is "to encourage the development of intensive commercial uses providing a wide range of goods and services, with access from a collector or arterial street and services a consumer market of at least a three mile radius". Similarly, the intent of the C-3 district is "to encourage the development of appropriate intensive retail commercial facilities providing a wide range of goods and services, located centrally and accommodating three (3) or four (4) neighborhoods and located adjacent to at least one major thoroughfare". CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the overall economic development of the City. Therefore, staff recommends that the subject requests be approved. If conditions of approval are recommended by the Community Redevelopment Agency Board or required by the City Commission, they will be included as Exhibit "C" - Conditions of Approval. ATTACHMENTS S:\Planning\SHARED\WP\PROJECfS\The Office at Bamboo Lane\LUAR 06-021\Staff Report.doc EXHIBIT "A" - LOCATION MAP ..., i : ~ . o 25 50 100 150 200 r"\.","'_ I Feet N w.' s \ , , ii\" ~i .~ ' I~ \ \ ""'- II o ~I Ui "'5 '~, Ii I~ i- f II ~ ~ ~ - ~ u~ ____ 111,1 : II ------------_Jj~!il ~y~~ --- ----- I~~ _____ y~ 4,J.,.... I ---- ~ ~ ----___~ !i --~I~~ -~ ~~ EXHIBIT "C" Conditions of Approval Project name: The Office at Bamboo Lane File number: ANEX 06-008, LUAR 06-021 I DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic Comments: None ENGINEERING DIVISION Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTERJENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: To be determined. ANEX 06-008, LUAR 06-021 CONDITIONS OF APPROVAL PAGE 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S :\Planning\SHARED\ WP\PROJECTS\Bamboo Lane\LUAR\COA.doc TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-177 STAFF REPORT Chair and Members of the Community Redevelopment Agency Board and City com~s~~n ___ Michael RumpfF Planning and Zoning Director Kathleen Zeitler \e Planner October 18, 2006 The Office at Bamboo Lane / NWSP 06-023 New Site Plan Property Owner: Agent/ Applicant: Location: PROJECT DESCRIPTION Nigel Development, Inc. / Jaime Mayo, President Michael Hanlon of HNM Architecture, LLC 3847 North Federal Hwy (southeast corner of Federal Hwy and Bamboo Lane) (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: No change Request new site plan approval to construct a 7,497 square foot professional business office building 11,578 square feet (0.265 acres) Bamboo Lane (private ingress-egress easement), and farther north is property classified High Density Residential (HDR) and zoned Infill Planned Unit Development (IPUD) (forthcoming Estancia at Boynton Beach project); Developed commercial property classified as Palm Beach County Commercial High Intensity (CH/5) land use and zoned Palm Beach County General Commercial (CG) (Carlson's Lawn and Garden Supply store); Right-of-way for Palmer Road, and farther east is developed single-family residential classified as Palm Beach County Medium Density Residential (MR-5) land use and zoned Palm Beach County Single-Family Residential (RS); and, Staff Report - Bamboo Lane (NWSP 06-023) Memorandum No PZ 06-177 Page 2 West: Site Features: Proposal: Concurrency: Traffic: School: Police I Fire: Utilities: Drainage: Right-of-way for Federal Highway, then farther west is developed commercial property classified as Palm Beach County Commercial High Intensity (CHIS) land use and zoned Palm Beach County General Commercial (CG) (Cantway Building Specialties) . According to the survey, the subject site is currently vacant, and has 90 feet of frontage on Federal Highway, 14S feet of frontage on Bamboo Lane, and 70 feet of frontage on Palmer Road. Bamboo Lane is an ingress-egress easement approximately 50 feet in width, and Palmer Road is a 20 foot right-of-way. Both roads provide primary access to Single-family residential lots located east of the subject property. BACKGROUND Michael Hanlon of HNM Architecture, LLC, representing Nigel Development, Inc. is requesting new site plan approval for the construction of a 7,497 square foot professional business office building with under-story parking on the 0.265-acre parcel. The applicant has also requested to annex the subject property (AN EX 06- 008), amend the land use classification from CHIS (PBC) to LRC, and rezone from CG (PBC) to C-3 (LUAR 06-021). ANALYSIS A traffic statement for the project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. In a response dated August 21,2006, Palm Beach County Traffic Division determined that the project will generate 172 new daily trips which they state constitutes an "insignificant impact on the roadway network, and therefore meets the Traffic Performance Standards of Palm Beach County". No building permits are to be issued for the project after the build-out date of 2008. School concurrency is not required for this type of project. Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "c" - Conditions of Approval). Staff Report - Bamboo Lane (NWSP 06-023) Memorandum No PZ 06-177 Page 3 Driveways: The site plan (Sheet A-1.0) shows that one (1) access point is proposed from Bamboo Lane approximately 88 feet east of the west property line of the subject property. The proposed access drive would be 27 feet in width and provide ingress and egress. The proposed office building would front Bamboo Lane and have no direct access to Federal Highway. Parking: A professional business office use requires one (1) parking space per 300 square feet of gross floor area. The site plan (Sheet A-1.0) proposes a 7,497 square foot office building, which would require a minimum of 25 parking spaces. The site plan depicts 25 parking spaces, including one (1) space designated for handicap use. The proposed parking spaces include a mix of surface parking on site and under- story parking. Since there is no extra parking provided, the site plan notes that medical offices, which require one parking space per 200 square feet of gross floor area, would not be allowed. All spaces, excluding the handicap spaces, would be dimensioned nine (9) feet in width and 16 feet in length with a 2 foot overhang, for a total size of nine feet by 18 feet. All proposed parking stalls, including the size and location of the handicap spaces were reviewed and approved by both the Engineering Division and Building Division. Landscaping: The proposed open space or "pervious" area would be 2,590 square feet or 22.4% of the total lot. The landscape code requires that 50% or more of the plant material be native species. According to the landscape plan (LA1.0), the applicant proposes to landscape around the parking areas and building utilizing native species such as Gumbo Limbo canopy trees and Royal Palm trees, and native shrubs such as Cocoplum, Beach Sunflower, and Spider Lily. The proposed landscaping provides a complimentary mix of canopy and palm trees such as Yellow Elder, Gumbo Limbo, and Royal Palms. All trees would be the required minimum of 12 feet in height at time of planting. However, trees proposed around the building must be installed at one-half the height of the building per the Land Development Regulations (see Exhibit "c" - Conditions of Approval). The landscape plan notes indicate that non-potable water will be used as the source of irrigation for the project. However, if the non-potable water source proves to be too brackish, and potable water has to be used for irrigation purposes, then the use of drought-tolerant species shall be utilized, and water conserving irrigation techniques be applied such as a drip system (see Exhibit "c" - conditions of approval). Building and Site: The Office at Bamboo Lane is designed as a two (2)-story structure, with under- story parking. The elevations (sheet A-4.0) indicate the top of the roof at 41 feet in height, and the top of the parapet at 45 feet, which is the maximum height allowed in the C-3 zoning district. The ground floor would consist of 555 square feet of lobby area including an elevator and stairway, and an under-story parking area. The second and third floor plans (sheet A-1.1) would each consist of 3,471 gross Staff Report - Bamboo Lane (NWSP 06-023) Memorandum No PZ 06-177 Page 4 square feet of which 3,234 square feet would be air-conditioned space. The floor plans indicate offices for future tenants and restrooms. A second stairway is proposed at the south end of the under-story parking area. The remainder of the site would consist of surface parking and landscaped areas. Design: The modern office building design would include a smooth stucco finish on masonry walls with 12-inch wide stucco banding, concrete eyebrows at the top of each floor, and balconies with stainless steel railings. All windows would be clear anodized aluminum frames with light gray tinted impact resistant glass, including the round decorative windows. According to the elevations and materials board, the main body color of the office building would be white: "Brilliant White". The color of the contrasting trim banding is proposed as a gray: "Platinum Gray", complementing the stainless steel balcony railings and aluminum reveals. The concrete eyebrows would be a slate blue: "Province Blue", and provide interest and shadowing on the building. All paints would be Benjamin Moore. Signage: The elevation pages (Sheet A-4.0) show the locations of the wall signs for the proposed office building (north elevation from Bamboo Lane and west elevation from Federal Highway, near the building entrance). The signs would have cast aluminum surface mounted letters in Century Gothic font. No freestanding monument sign is proposed. The north elevation is the building front and would include the main wall sign (61 square feet of sign face) at 38 feet in height on the building. In addition, a rounded concrete wall enclosure would include an identical but smaller wall sign (16 square feet). Each of these wall signs would identify the name of the building and website: "The Office @ bamboolane.net". The building address numbers "3847" (5 square feet) are proposed at approximately 44 feet in height on the building and would consist of aluminum. The west elevation is the side of the building seen from Federal Highway and would include wall signage identical to the Bamboo Lane sign age (27 square feet) at a height of approximately 38 feet on the building. Two (2) additional wall signs (33 square feet each) for tenants would be located approximately 38 feet and 25 feet in height on the building. Similarly, the building address numbers "3847" (4.5 square feet) are proposed at approximately 44 feet in height on the building and would consist of aluminum. Lighting: The photometric plan (sheet A-O.l) proposes freestanding lighting fixtures, as well as wall mounted lighting fixtures. The three (3) freestanding pole fixtures would be 18 feet in height and would be located near the entrance to the site, and in the parking areas. All proposed lighting will be shielded to direct light down and away from adjacent properties and rights-of-way. Art: An open space is proposed along Bamboo Lane in close proximity to Federal Highway to exhibit public art, in compliance with the newly adopted requirement for developments to provide public art work. The artwork is proposed as a sculpture as part of a functional bike rack near the building entrance. This artwork Staff Report - Bamboo Lane (NWSP 06-023) Memorandum No PZ 06-177 Page 5 will enhance the ambiance of the proposed development. Ultimate review and approval of the artist and sculpture is still pending by the Arts Commission. RECOMMENDATION Staff has reviewed the applicant's request for new site plan approval and recommends approval of the request. However, the site plan approval is contingent upon approval of the variance request (ZNCV 06- 011) for minimum lot size in the C-3 zoning district. No building permits shall be issued unless the variance request is approved. In addition, the new site plan request is contingent upon the approval of the accompanying prerequisite applications for annexation (ANEX 06-008), land use amendment / rezoning (LUAR 06-021), and subject to satisfying all comments indicated in Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Board or required by City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\Shared\Wp\Projects\Bamboo Lane\NWSP\Staff Report.doc EXHIBIT "A" - LOCATION MAP -.I ; lIJ m " . --".---__ f NIC o 25 50 100 150 200 1"""\..0,-_ ,Feet N ..' S ~ I I I I I .1 I: fl ~ : ~ I 3 I ~ ' II ~: , I I : 'I I, ~ I i I ~ , ~ I Ii I, 5 I C I I I ~ I I I I I I I HI i ~~ i W I f it b. il. -, 1"11 ~~ i I~ ,. I' . U ~i ~Ii 1 ;_1 III (( iJ IIIII'~ II:. ;1 II .1 wi;. ~ I ~I . EXHll:llT 113- , ,;; I en I. I i I ~ I~ en '" ... '" z ... '" ~ 0 '" .... I, ; ~~ ~ I! ~ iil ...I' 1 '" I ~ ~ i i! L I !,1 11 "" ! I! 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I I I , II )!~~ ( :,tj ." -3 Ii ~ . . ~Ji l: ~I II 'i Ii f'~~",.., J' ii ~~-"ll ~r Il" . l ..., r-'; II II II EXHIBIT B 0):; U~ .-" -.. -. 0<; UJ; J:~ !-@ II I- ~ii ~I ul Ul H! <I..... ~H :Uj ..... ---~ ._._._.-::~-~-~----- -. -. -. -. Exhibit "c" CONDITIONS OF APPROVAL New Site Plan Project name: The Office @ Bamboo Lane File number: NWSP 06-023 Reference: 3rd review plans identified as a New Site Plan with a September 19,2006 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments: None PUBLIC WORKS - Forestry and Grounds Comments: None PUBLIC WORKS - Traffic Comments: None ENGINEERING DIVISION Comments: 1. All comments requiring changes and! or corrections to the plans shall be reflected on all appropriate sheets. 2. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 3. Full drainage plans; including drainage calculations, in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 4. Paving, drainage and site details will not be reviewed for construction acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: The Office at Bamboo Lane NWSP 06-023 Conditions of Approval Page 2 of5 I DEPARTMENTS INCLUDE REJECT 5. All utility easements and utility lines shall be shown on the site plan and landscape plans (as well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable fUture. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 6. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 7. Remove reference to "by others" for sanitary sewer service lateral on civil sheet 1 of 2. 8. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. Show proposed meter size on the plans. 9. A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 10. Utility construction details will not be reviewed for construction acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: None POLICE Comments: 11. Staff recommends that all exterior doors be equipped with security hinges and be reinforced with case hardened strike plate. 12. Staff recommends that the building be pre-wired for CCTV and alarm systems. The Office at Bamboo Lane NWSP 06-023 Conditions of Approval Page 3 of 5 DEPARTMENTS INCLUDE REJECT 13. Staff recommends that glass perimeter doors be equipped with case hardened guard rings to protect the mortise lock cylinder. BUILDING DIVISION Comments: 14. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 15. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 16. At time of permit review, submit signed and sealed working drawings of the proposed construction. 17. Identify within the site data the finish floor elevation (lowest floor elevation) that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: . The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation _' _ NGVD is above the highest lOa-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." . From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. . Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 18. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. 19. A water-use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. The Office at Bamboo Lane NWSP 06-023 Conditions of Approval Page 4 of5 I DEPARTMENTS INCLUDE REJECT 20. If, capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: The full name of the project as it appears on the Development Order and the Commission- approved site plan. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34). 21. At time of permit review, submit separate surveys of each lot, parcel, or tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 22. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 23. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: 24. Approval of this project is contingent upon the approval of the accompanying requests for annexation (ANEX 06-008) and land use amendment I rezoning (LUAR 06-021). 25. Site plan approval is contingent upon approval of the variance request to minimum lot size. No building permits shall be issued unless the variance request is approved. 26. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04-007. The Office at Bamboo Lane NWSP 06-023 Conditions of Approval P 5 f5 age 0 DEPARTMENTS INCLUDE REJECT 27. If potable water is used for irrigation purposes, the use of drought tolerant plant species (per the South Florida Water Management District Manual) shall be maximized, and the irrigation system should have water conserving designs (such as a drip system), where possible. 28. The trees proposed around the proposed office building must be installed at Y2 the building height of the building (Chapter 7.5, Article II, Section S.M.). 29. The applicant is responsible for compliance with Ordinance 05-060, the "Art in Public Places" program. COMMUNITY REDEVELOPMENT STAFF COMMENTS Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Comments: To be determined. ADDITIONAL CITY COMMISSION COMMENTS Comments: To be determined. MWR/kz S:\Planning\SHARED\WP\PROJECTS\Bamboo Lane\NWSP 06-023\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Office at Bamboo Lane APPLICANT: Jaime Mayo, Nigel Development, Inc. APPLICANT'S AGENT: Michael Hanlon, HNM Architecture, LLC AGENT'S ADDRESS: 3705 North Federal Highway, Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 21, 2006 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct a 7,497 square foot professional business office building on a 0.265-acre parcel in the Community Commercial (C-3) zoning district. LOCATION OF PROPERTY: 3847 North Federal Highway (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. 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Country Inns & Sites I NWSP 06-026 And Country Inns & Suites I HTEX 06-008 1~~<tY~T8~ eRA ill East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: October 25,2006 AGENDA ITEM: I Consent Agenda Old Business New Business I X I Public Hearing Other SUBJECT: New Site Plan 06-026 and Height Exception HTEX 06-008 - Country Inns & Suites SUMMARY: The applicant is seeking approval ofa new site plan and height exception for a 62 room hotel located at 2201 S. Federal Highway in the Federal Highway Corridor Community Redevelopment Plan Area V. A nine foot height exception is requested for two decorative dormers. The dormers provide roofline articulation at the Federal frontage. The applicant worked diligently with City and CRA staff to add significant upgrades from the original plan. FISCAL IMPACT: If approved and construction, the project will provide significant revenue to the CRA. RECOMMENDA TIONS: Approve the applicant's request for site plan approval NWSP 06-026 and height exception HTEX 06- 008. ~Of(~ Vivian L. Brooks CRA Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 10 25 CRA Board Meeting\Country Inn NWSP.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-190 STAFF REPORT TO: Chair and Members Community Redevelopment Agency Board and City Commission ~_,-4' ~ Michael Rumpf ~ Planning and Zoning Director Ed Breese ~ Principal Planner THRU: FROM: DATE: October 11, 2006 PROJECT NAME/NO: Country Inns & Suites / NWSP 06-026 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Anand Patel, LLC (Anand Patel, Managing Partner) Applicant: Anand Patel, LLC (Anand Patel, Managing Partner) Agent: Robert Currie of Currie Sowards Aguila Architects Location: 2201 S. Federal Highway (see Location Map - Exhibit "A") Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: 62 room Hotel on a 0.91 acre site Acreage: 0.91 acres (39,502 sf) Adjacent Uses: North: Right-of-way for NE 21st Street, then farther north is developed commercial property (The Palace Game Room) designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3); South: Developed parcel (Fairfield Apartments) designated High Density Residential (HDR) and zoned Multi-Family Residential (R-3); East: Right-of-way for Federal Highway, then farther east is developed residential (Tuscany on the Intracoastal) designated High Density Residential (HDR) and zoned Multi-Family Residential (R-3); and Staff Report - Country Inns & Suites (NWSP 06-026) Memorandum No PZ 06-190 Page 2 West: Developed parcel (Golden Sands Inn) designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3). Proposal: BACKGROUND The applicant is proposing a sixty-two (62) room hotel, located on the west side of Federal Highway, on the south side of SE 21st Avenue. There is currently a vacant structure on the site, formerly a Denny's restaurant, which will be removed with the proposed improvements. Approval of the site plan will be contingent upon the approval of the accompanying request for height exception for architectural building features (HTEX 06-008). Site Characteristic: According to the survey, the site is relatively rectangular in shape, with approximately 250 feet of frontage on Federal Highway and 170 feet in depth along SE 21st Avenue. As noted above, there are building and parking lot improvements currently existing on the site from the former Denny's restaurant. Concurrency: Traffic: Drainage: School: Driveways: ANALYSIS A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. As of this date, the City has not received a Traffic Division confirmation that this project meets the Traffic Performance Standards of Palm Beach County, and therefore a condition of approval will require proof of concurrency approval prior to the issuance of the first permit (see Exhibit "CIf - Conditions of Approval). Conceptual drainage information was provided for the City's review. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required (see Exhibit "CIf - Conditions of Approval). The drainage design shall conform to the requirements of the City of Boynton Beach, South Florida Water Management District, and the Lake Worth Drainage District (LWDD). School concurrency is not required for this type of project. The existing site has driveways on both Federal Highway and SE 21st Avenue. The hotel project proposes to only have one ingress/egress point to the parcel, off of SE 21 st Avenue. This would occur along the subject parcel's northwest property line, and comply with the CRA's Urban Design Guidelines, encouraging access points to be located on side streets when possible, as opposed to directly on the major thoroughfare. Staff Report - Country Inns & Suites (NWSP 06-026) Memorandum No PZ 06-190 Page 3 Parking Facility: A hotel use requires one and one-quarter (1.25) parking spaces per hotel unit. Therefore, the 62 hotel units require 78 parking spaces. The site plan (sheet A1.01) shows that 78 parking spaces are proposed to meet this requirement. The hotel structure would be constructed over a portion of the surface parking, with 36 spaces inside the parking structure and 42 surface parking spaces immediately west of the building. The parking spaces would be dimensioned nine (9) feet in width by 18 feet in length. The handicap spaces would be 12 feet in width with five (5) feet of striping by 18 feet in length. As proposed, the vehicular back-up distance would be 25 feet in width to comply with the Engineering Standards. The parking lot lighting is shown on the photometric plan (sheet PM-l). According to the photometric plan, the proposed lighting levels near the perimeters would be minimal. It should have no adverse affect on the neighboring properties, while meeting the desire of the Police Department to appropriately illuminate the understory parking for adequate safety precautions. Landscaping: The proposed pervious area of the parcel equals 5,887 square feet or 14.9% of the site. The landscape plan (Sheet L-l) indicates that approximately 83% of the trees, 63% of the palms and 72% of the shrubs and groundcover would be native. The width of the east (front) landscape buffer along Federal Highway would range between 7.5 and 5 feet in width, following the variation in front fac;ade stepbacks along the east building elevation, and in compliance with the CRA's Urban Design Guidelines. This buffer would contain Carpenter Palm trees, Ligustrum trees, Bougainvillea, Dwarf Yaupon, Firebush, Variegated Schefflera, Croton and Gold Mound Duranta. The north (side) landscape buffer would be approximately 10 feet in width and contain Royal Palm, Sabal Palm and Double Alexander Palm trees, Yellow Elder and Crape Myrtle trees, Firebush and Gold Mound Duranta. The width of the west (rear) landscape buffer, abutting the existing Golden Sands Inn, would be 5 feet in width and would contain East Palatka Holly trees, Sabal palms and Redtip Cocoplum hedges. Finally, the width of the south (side) landscape buffer would be a 10 foot wide planting area and would contain the same Redtip Cocoplum hedges and existing Live Oak, Pigeon Plum and Areca Palm trees, as well as new Sabal and Carpenter Palm trees. As depicted on Sheet L-4, the applicant proposes to plant palms at approximately one-half (1/2) the building height to enhance the building facades. At the intersection corner of Federal Highway and SE 21st Avenue, the applicant proposes to construct a reflecting pool with cascading water and metal sculptures within the water, in conjunction with the Art in Public Places requirements. The reflecting pool would be surrounded by low plantings, including annuals and small decorative palm trees (Cat Palms) and would have built in bench seating. Building and Site: The maximum height allowed for new buildings in the C-3 zoning district is 45 feet / 4 stories. According to Sheet A3.01, the proposed building is designed as a four (4)-story structure, with the first floor consisting of understory parking. The roof design consists of a series of gable roofs, with the height of the tallest section at 44 feet - 9 inches. Additionally, two (2) decorative dormers have been place above Staff Report - Country Inns & Suites (NWSP 06-026) Memorandum No PZ 06-190 Page 4 Design: Signage: the roofline, which were proposed to comply with the CRA Urban Design Guidelines, in an effort to provide roofline breaks and add interest to the building elevations. These dormers, while enhancing the elevations, increase the building height from 44 feet - 9 inches to 53 feet - 7 inches, approximately nine (9) feet above the maximum allowed height. The applicant therefore is requesting a height exception of nine (9) feet above the maximum building height of 45 feet allowed in the C-3 zoning district (HTEX 06-008). Approval of the site plan is contingent upon simultaneous approval of the height exception (see Exhibit "c" - Conditions of Approval). The required front setback in the C-3 zoning district with the Urban Commercial Overlay requirements is between 5 and 15 feet; the building would be setback between 5 and 7.5 feet, in compliance with this requirement. The required interior side setback (south) is zero to 15 feet. The project again complies this requirement, with the building setback 10 feet from the south property line. The required north (corner) side setback is 10 to 15 feet, and the site plan provides approximately a 10 foot setback. The building would be nearly 62 feet from the west (rear) property line, where a minimum of 20 feet would be required. The site plan shows that the dumpster enclosure is proposed at the northwestern portion of the lot. It is landscaped on three (3) sides as required by code. The Engineering Division of Public Works has approved its location and angle with respect to the facilitation of trash removal. The proposed building and site design would generally meet code requirements when staff comments are incorporated into the permit drawings. The proposed building design is compatible with the surrounding built environment and would generally enhance the overall appearance of the area. The architecture has been enhanced to provide the appearance of some of the Key West-themed multifamily projects on South Federal Highway, as opposed to that of a typical hotel. The building would have formed stucco siding, which provides the appearance of shiplap siding. The roof has a standing seam metal gable profile, typical again of buildings in Key West and South Florida in general. The principle building colors are soft pastels, again reminiscent of Key West. The body of the wall area, which contains the greatest portion of mass, would be painted two-tone, alternating with the articulated portions of the building. The first color would be a soft yellow color (Sherwin Williams - "Friendly Yellow" #6680) and the second a soft peach color (Sherwin Williams - "Sociable" #6359). Other wall accent colors proposed at various locations along the base of the building is a brick/terra cotta color (Sherwin Williams - "Toile Red"#0006). The accent moldings and trim would be white (Sherwin Williams - "Ibis White" #7000) and the balcony railings and shutters would be a soft green color (Sherwin Williams - "Restful" #6458). The standing seam metal roof is proposed as a gray (Sherwin Williams - "Gray Matters" #7066). The building elevation sheets (A3.01 & A3.02) indicate the proposed location and areas for wall signs, one on the east (Federal Highway) elevation and one on the west (parking lot) elevation. The east elevation signage is proposed as a 14" lettered etched glass sign in the top center window, stating Country Inns & Suites, with a small logo. The west elevation signage is proposed as 18" raised aluminum letters, stating Country Inns & Suites, with a small logo as well. The site plan Staff Report - Country Inns & Suites (NWSP 06-026) Memorandum No PZ 06-190 Page 5 (Sheet A1.01) shows that a freestanding monument sign is proposed at the northeast corner of the property. It would be setback a minimum of 10 feet from the property lines and would be on the elevated landscape area, behind the cascading water associated with the reflecting pool with metal sculptures. The detail of the proposed monument sign shows that the structure would be four (4) feet in height and approximately 8 feet in width and would contain stainless steel lettering, matching that proposed on the west elevation of the building, placed on a black granite slab background. RECOMMENDATION: The Technical Application Review Team (TART) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon successfully satisfying all comments indicated in Exhibit "C"- Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Country Inns & Suites\ NWSP 06-026\Staff Report.doc .. 1 in. = 71.1 feet AVE Country Inns & Suites Exhibit A ... 1 in. = 71.1 feet . (.~'.\(f. :.....) ~.J .I :--lC. '.- / '. "'-' ~-~" -- \'-', (-0 r-.: ~. Country Inns & Suites Exhibit A ~#__,n ., __= ~ . ~....---------------~------- . ---- ~ l~, ~...... $ti if J.17mH9IH 117<>!3C~~ ~ - r .;:j.;:J Hinos -- .. "' -~-~-~-- "'(> I ~ ~ -----.;__ I" ~ =1. ~i ~ -_ ~~ SON Cl7O<>! 3N1<; = I.;, I'~' f -f ~-~iI~----------__~_~,,:'--"'::n~9IH <;n ~~ "--~___ ~ ----;,;;,-~--al'------____ , I , II ~ '~~~ I~!' 9/ ~. , ocl ., ::J ~." 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I EXHIBIT B EXHIBIT "C" CONDITIONS OF APPROVAL Project name: Country Inns & Suites File number: NWSP 06-026 R fI 2nd 1 "d"fi d . h S b 26 2006 PI &Z d ki e erence: reVIew p. ans I enh Ie Wlt a eptem er , anmng omng ate stamp mar ng. I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- Solid Waste Comments: 1. Prior to permit application contact the Public Works Department (561-742- 6200) regarding the storage and handling of refuse per the CODE, Section 10-26 (a). 2. At time of permitting, provide a dumpster enclosure detail in compliance with City code. PUBLIC WORKS- Traffic Comments: 3. Provide a notice of concurrency (Traffic Performance Standards Review) from Palm Beach County Traffic Engineering, prior to issuance of first permit. 4. On the Site and Civil plans, show and identify all necessary traffic control devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. See City Standard Drawings "K" Series for striping details. PUBLIC WORKS - Forestry & Grounds Comments: 5. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, Section 5.H.) Reference FDOT Standard Index 546 for the sight triangles on Federal Highway. UTILITIES Comments: 6. No utility plan was included with this submittal, therefore this plan is considered incomplete as submitted. However, the Preliminary Engineering Plan (Sheet 1 of 1) reflects an existing site located within the Utilities' service area, and is located where utility support is available. A simple "connect lateral (or tap) here" is not acceptable, even for a conceptual submittal. Therefore we are providing only a cursory review of the proposed site plans as submitted at this time. Additional comments may be required after a utility plan has been submitted. 7. Palm Beach County Health Department permits may be required for the water and sewer systems serving this project (CODE, Section 26-12). Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 8. At time of permitting, fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b )). 9. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 10. Water and sewer lines to be owned and operated by the City shall be included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 11. This office will not require surety for installation of the water and sewer utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 12. A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 13. PVC material not permitted on the City's water system. All lines shall be DIP. 14. Utility construction details will not be reviewed for construction acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: 15. This building will require a full NFP A 13 fire sprinkler system, per City Ordinance Chapter 9, section 7-3.2(4) and standpipes. Provide water supply information for these systems and all the required fire hydrants. This information shall include a flow test performed by the Boynton Beach Fire Department within the last six months, using the water supply lines that will serve this property. POLICE I DEPARTMENTS I INCLUDE I REJECT I Comments: None ENGINEERING DIVISION Comments: 16. All comments requiring changes and/or corrections to the plans shall be reflected on all appropriate sheets. 17. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 18. Provide an engineer's certification on the Drainage Plan as specified in LDR, Chapter 4, Section 7.F.2. 19. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 20. Full drainage plans, including drainage calculations, in accordance with the LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 21. Paving, drainage and site details will not be reviewed for construction acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 22. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 23. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 24. Every building and structure shall be of sufficient strength to support the loads and forces encountered per the 2004 FBC, Section 1607 and Table 1607.1. Indicate the live load (pst) on the plans for the building design. 25. Buildin~s three-stories or higher shall be equipped with an automatic Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT sprinkler system per F.S. 553.895. Fire protection plans and hydraulic calculations shall be included with the building plans at the time of permit application. 26. At time of permit review, submit signed and sealed working drawings of the proposed construction. 27. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may not, therefore, be used for landscape irrigation where other sources are readily available. 28. A water-use permit from SFWMD is required for an irrigation system that utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216 29. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: 1) The full name of the project as it appears on the Development Order and the Commission-approved site plan. 2) The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 30. At time of permit review, submit separate surveys of each lot, parcel, or tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 31. Pursuant to approval by the City Commission and all other outside agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 32. The full address of the project shall be submitted with the construction documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. 3) Palm Beach County Planning, Zoning & Building Division, 100 Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561- 233-5013) 4) United States Post Office, Boynton Beach (Michelle Bullard - 561-734- 0872) 33. This structure meets the definition of a threshold building per F.S. 553.71(7) and shall comply with the requirements of F.S. 553.79 and the CBBA to the 2004 FBC, Sections 109.3.6.1 through 109.3.6.6. The following information must be submitted at the time of permit application: DEPARTMENTS INCLUDE REJECT 5) The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. 6) All shoring and re-shoring procedures, plans and details shall be submitted. 7) All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: 34. Irrieation Plan Turf and landscape (bedding plants) areas should be designed on separate zones and time duration for water conservation. 35. Trees should have separate irrigation bubblers to provide water directly to the root ball. [Environmental Regulations, Chapter 7.5, Article IT Sec. 5. C.2.] PLANNING AND ZONING Comments: 36. Approval of the new site plan is subject to approval of the associated height exception (HTEX 06-008). 37. Use of paver brick sidewalks in City right-of-way requires executed agreement with City. 38. Pavers and pattern intended for installation within City right-of-way shall match that previously established by the City. 39. It is the applicant's responsibility to ensure that the new site plan is publicly advertised in accordance with Ordinance 04-007. 40. The applicant is responsible for compliance with Ordinance 05-060, the "Art in Public Places" Program and must demonstrate their participation. 41. If for any reason, potable water use becomes necessary, the use of drought tolerant plant species (per the South Florida Water Management District Manual) shall be maximized and the irrigation system should have water conservation desilIDs (such as a drip system), where possible. 42. If it can be demonstrated at time of permitting that the east elevation of the garage does not require all the louvered openings currently depicted on the plans, replace those not required by code for ventilation purposes, with faux window features to improve similarity with upper windows as well as to provide a more engacinll facade with the pedestrian street environment. 43. Further articulate the east (front) entry in accordance with recommended eRA design guidelines including greater architectural detail in the canopy and other defining and raised/recessed elements. Staff recommends that the trellis elements be reduced to be more subordinate and an accent to the Conditions of Approval 6 DEPARTMENTS INCLUDE REJECT greater entrance features described above. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: I To be determined. I I I S:\Planning\SHARED\WP\PROJECTS\Country Inns & Suites\NWSP 06-026\COA..doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Country Inns & Suites APPLICANT'S AGENT: Currie, Sowards, Aguila Architects APPLICANT'S ADDRESS: 134 NE 1st Avenue, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 21,2006 TYPE OF RELIEF SOUGHT: Request New Site Plan Approval to construct a 62 room hotel on a 0.91 acre parcel. LOCATION OF PROPERTY: 2201 South Federal Highway DRAWING(S): SEE EXHIBIT "8" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Counlry Inns & Suites\NWSP 06-026\DO.doc TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-191 Chair and Members Community Redevelopment Agency Board and City Commission Michael RumPf~ Director of Planning and Zoning Ed Breese ~ Principal Planner September 18, 2006 Country Inns & Suites 1 HTEX 06-008 Height Exception Anand Patel, LLC (Anand Patel, Managing Partner) Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: West: Anand Patel, LLC (Anand Patel, Managing Partner) Robert Currie of Currie Sowards Aguila Architects 2201 South Federal Highway (see Location Map - Exhibit "A") Local Retail Commercial (LRC) Community Commercial (C-3) No Change No Change 62 room Hotel on a 0.91 acre site 0.91 acres (39,502 sf) Right-of-way for NE 21st Street, then farther north is developed commercial property (The Palace Game Room) designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3); Developed parcel (Fairfield Apartments) designated High Density Residential (HDR) and zoned Multi-Family Residential (R-3); Right-of-way for Federal Highway, then farther east is developed residential (Tuscany on the Intracoastal) designated High Density Residential (HDR) and zoned Multi-Family Residential (R-3); and, Developed parcel (Golden Sands Inn) designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3). Page 2 Country Inns & Suites HTEX 06-008 Memorandum No. PZ 06-191 BACKGROUND The applicant is proposing a sixty-two (62) room hotel, located on the west side of Federal Highway, on the south side of SE 21st Avenue. The project is currently pending approval of a new site plan (NWSP 06- 026). Approval of the site plan will be contingent upon the approval of this accompanying request for height exception for architectural building features (HTEX 06-008). There is currently a vacant structure on the site, formerly a Denny's restaurant, which will be removed with the proposed improvements. The Country Inns & Suites site plan proposes a total of 62 hotel rooms in a four (4) story buildingr with a gable roof, and a mean roof height of 44 feet - 9 inches, just below the maximum allowed height in the C-3 zoning district of 45 feet. The requested height exception is for two (2) dormers which were provided to comply with the CRA Urban Design Guidelines, in an effort to proVide roofline breaks and add interest to the building elevations (see Exhibit "B''). As noted, the proposed hotel building is four (4) stories, with the first story being a parking garage. These dormersr while enhancing the elevations, increase the building height from 44 feet - 9 inches to 53 feet - 7 inches, approximately nine (9) feet above the maximum allowed height. The applicant therefore is requesting a height exception of nine (9) feet above the maximum building height of 45 feet allowed in the C-3 zoning district. ANALYSIS Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptionsr limits all portions of structures to a maximum height of forty-five (45) feet above the minimum finished floor. Noted exceptions to the maximum building height include provisions for architectural enhancements such as church spires, domes, cupolas and other similar structures. However, the noted exceptions are allowed only through obtaining approval from the City Commission. In considering an application for exception to the district height regulationr the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The City Commission approved a new method for measuring building height based on roof type (Ordinance 02-010, adopted on March 19, 2002). The goal of the new definition was to be consistent with current standards and to allow more flexibility in building design. Plans indicate the requested height exception is not applicable to the entire roof of the proposed hotel building, only the two (2) locations where the dormers are proposed. Building height for pitched gable or hip roofs is measured from the finished grade to the midpoint between the eaves and the ridge. The front building elevation indicates the dormer roof profile will have a height of 53 feet - 7 inches at the midpoint of the pitched roof. Therefore, the applicant is requesting a nine (9) foot height exception to the maximum building height of 45 feet. The dormers are only 480 square feet each, for a total of 960 square feet, or approximately six (6) percent of the roof area. The objective of the CRA, in part, is to support and stimulate revitalization efforts in the heart of the City and along its corridors. As evidenced by previous approvals, this request for height exception would not constitute a granting of special privilege, nor would it impact adjacent properties, due to the small percentage of the overall roof area that is subject to the height exception. In addition, all of the properties immediately abutting this project are either commercial or multi-family in nature, both of which zoning districts allow buildings at a height of 45 feet, furthering the compatibility of the request. Page 3 Country Inns & Suites HTEX 06-008 Memorandum No. PZ 06-191 RECOMMENDATION As previously mentioned, staff generally supports the redevelopment efforts proposed in the accompanying request for the new site plan (NWSP 06-026) for Country Inns & Suites. Staff is recommending approval of the application for site plan and recommends approval of this request for a 9- foot height exception. Should this request be approved, approval should be contingent upon satisfying all staff comments noted in Exhibit "C" - Conditions of Approval. Should the Board or City Commission have any additional comments, they will be placed accordingly within Exhibit "C". S:\Planning\SHAREDlWP\PROJECTS\Country Inns & SuileslHTEX 06-008\Slaff Report.doc .. 1 in. = 71.1 feet ~ Country Inns & Suites Exhibit A ... 1 in. = 71.1 feet Country Inns & Suites CURRIE · SC jTARDS · AGUILA t:^MII:jII I:j ARCHITECTS ~~_..._- _~._ .___ _._ 'w~'".~.' __ ~~_~_ ___ _. ..._~_~_.~_,~_._ '__#_."~...",~, _..._._~_. _ _ _~ Robert G. Currie, AlA Jess M. Sowards, AlA Jose N. Aguila, AlA August 2, 2006 Planning and Zoning Division 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Height Exception for 2201 South Federal Highway This letter is to request a Height Exception for the proposed development of a County Inns and Suites at 2201 South Federal Highway. The project is a 4 story hotel with }"t level parking, an indoor pool and 2nd floor pool deck. To help comply with the Community Redevelopment Area Guidelines for Facade Roofline Breaks as well as to improve the aesthetics of the building and specifically the view from Federal highway we feel that the addition of two dormers are necessary. These dormers break the roof mass and add interest to the elevation. The proposed dormers were suggested by City Staff during the pre-application meeting. The dormers are 480 sq ft each for a total of 960 sq ft this is approximately 6 percent of the building footprint. We propose that these dormers be 53'-7" to the center point of their roof (8'- 7" above the allowableheight. Thank you for considering this request. Sincerely, " Robert Currie, AlA FO RMERLY ROBERT G. CURRIE PARTNERSHIP, INC.' AlA FLORIDA FIRM OF THE YEAR 2000 134 Northeast First Avenue' Delray Beach. Florida 33444 . 561 -276.4951' Fax: 561-243.8184. AA0002271 www.currlearc.com II Vl I ~. 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"''' ......", _" .....'.....,....,....~.. ..........<"><<"" .... -......W"K'" ,.- ...-." ~ EXHIBIT B .~ N I" 0 Q(V') qs ~ <( ~ zg i ~ v) ~o ~ z o ~ ~~ wi w O' ad " 2 EXHIBIT "e" Conditions of Approval Project name: Country Inns and Suites File number: HTEX 06-008 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTERJENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S :\Planning\SHARED\ WP\PROJECTS\Country Inns & Suites\HTEX 06-008\COAdoc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Country Inns & Suites APPLICANT'S AGENT: Currie, Sowards, Aguila Architects APPLICANT'S ADDRESS: 134 NE 151 Avenue Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 21,2006 TYPE OF RELIEF SOUGHT: Request for Height Exception of nine (9) feet above the maximum building height of 45 feet in the C-3 zoning district. LOCATION OF PROPERTY: 2201 South Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. 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II "'e 1'j z ----------------------------------------------------------------------------------------- ---------------------- '''':....... '\cn....." - CAlfM~.1>/El'll onaOd) ~ A'lfMHe>".; 1'lf~303:/ HJ.nos~ ----=----=---=---=~-~ _0...., I <<O'taadolllUS ;'- ,. ," I I I I I I I I I I I ! I-l I. ~ ~fl. !!-l~ g: .hi! ~, I I I I I I I I I ! 030lAIosns J.ON '<t Slfl w~ >g: t') N f--:>:: o (1)0 wm f- 0::::<( -l UQ ;. . ..i H. '" ~.. - ~ ~ . . . t ~ I J. m ,,~ ,,"~<I<J w >- ::> <l: Z 3: ~ ~ :I: t:i -' i ~ ~ I W ! ~ (/) W I I u.. Z I S z I s ~ ~ -' W -' ~ I w tu m I w I ~ I .. VII. PUBLIC HEARING: New Business D. Neelam Business Center I SPTE 06-010 , 11~~Y~T2~CRA ill East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: October 25, 2006 AGENDA ITEM: I Consent Agenda Old Business New Business I X Public Hearing Other SUBJECT: Site Plan Time Extension Request - Neelam Business Center SUMMARY: The Neelam Business Center was originally granted site plan approval on August 2, 2005 for a 8,754 sq. ft. office/retail building located at the SE comer ofNE 9th Ave and N. Federal Hwy. in the Federal Highway Corridor Community Redevelopment Plan Area II. The applicant is requesting a six month time extension. The applicant has submitted for building permit and is making progress on the project. FISCAL IMPACT: None. RECOMMENDATIONS: prove the applicants request for a six month site plan time extension for site plan NWSP 050-022. Vivian L. Brooks CRA Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 10 25 CRA Board Meeting\Neelam SPTE.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-172 TO: FROM: Chair and Members Community Redevelopment Agency Michael Rum~W Director of Planning and Zoning Ed Breese ~ Principal Planner THRU: DATE: September 13, 2006 PROJECT: Neelam Business Center 1 SPTE 06-010 REQUEST: Site Plan lime Extension (6 month) PROJECT DESCRIPTION Property Owner: AA, LLC Applicant! Agent: Location: Anand Patel, Managing Partner of AA, LLC SE corner of NE 9th Avenue and North Federal Highway (see Exhibit "A" - Location Map) Existing Land Use 1 Zoning: Mixed-Use (MX)/Mixed-Use Low (MU-L) Proposed Land Use/Zoning: No change proposed Proposed Use: 8,754 square foot Professional Office Building Acreage: 22,838 square feet (0.52 acres) Adjacent Uses: North: N.E. 9th Avenue right-of-way, and farther north, Boynton Beach F.O.E. #3944 lodge building, zoned C-4; South: An auto repair business (Neal Autohaus Auto Repair shop) zoned C-4; East: Single-family residential neighborhood, zoned R-l-A; and West: Federal Highway right-of-way, and farther west, a retail business (M&M Appliances), zoned C-4. BACKGROUND Mr. Anand Patel of AA, LLC is requesting a six (6) month time extension, for the site plan approval (NWSP 05-022) granted on August 2, 2005. The property, zoned Mixed-Use Low (MU-L), is currently a vacanti undeveloped parcel approximately 0.52 acres in size. The intent of the project is to construct a three (3) story, 8,754 square foot office 1 retail building (see Exhibit "B"). If this request for extension were Page 2 Memorandum No. PZ 06-172 approved, the expiration date of this site plan would be extended to February 2, 2007. ANALYSIS Originally, the City Commission, on February 18, 2003, granted Jeffrey Schnars of Schnars Engineering site plan approval for the Schnars Business Center at this location. The project did not commence within the requisite one year timeframe and Schnars Engineering sold the property to AA, LLC, who proceeded to apply for site plan approval for the exact same building. On August 2, 2005, the City Commission approved the site plan filed by the new owner AA, LLC. According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". It states further that the City Commission may extend the approval for one (1) year provided that the applicant has filed a request for a time extension prior to the expiration of the original approval. In this case, the applicant has met the requirement. The Planning & Zoning Division received the application for a site plan time extension on August 1, 2006, prior to the expiration date. According to the justification submitted for the requested time extension, the applicant lists the following accomplishments as demonstrating their "good faith" efforts in securing a building permit for the project: (1) a payment in the amount of $8,700 was made to FPL for engineering associated with relocation of power poles on the property. The engineering work is complete and $2,600 were expended to prepare a new survey with relocated FPL easements; (2) plans were submitted to the City on April 18, 2006 for building permits and an application fee of $5,936.43 was paid; (3) permit comments were received by the applicant on May 16, 2006, and the plans were subsequently modified and resubmitted to the City on July 19, 2006; (4) Florida Department of Transportation (FDOT) permits have been applied for; and (5) a temporary construction fence permit has been issued by the City. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. The concurrency approval from Palm Beach County Traffic Engineering has expired and a new approval from the County will be required (see Exhibit "c" - Conditions of Approval). Regarding compliance with City codes, the only new land development regulation adopted since the approval of this project is the Urban Commercial District Overlay, which is designed to encourage redevelopment of commercially zoned parcels in a manner consistent with the pattern of those proximate parcels developed within the Mixed Use zoning classifications. These regulations are designed to create greater massing on the site and relegate parking to a subordinate position, so it is not placed between the building and the right-of-way. This particular site plan was designed with urban guidelines in mind, with the building brought forward on the site, three (3) stories high with appropriate massing and scale, as well as building features denoted in the design guidelines. Although there is a curb cut off of Federal Highway, it was also designed with a curb cut off of the side street, as promoted within the guidelines. The only deviation from the new regulations lies with the interior side build-to requirement of zero (0) to fifteen (15) feet, where buildings are envisioned to span the width of the entire lot frontage, creating a wall of buildings lining Federal Highway from parcel to parcel. The approved site plan depicts a 73 foot interior side setback to accommodate a drive entrance, side and rear parking, as well as landscape buffer. It is likely, due to the shallow depth of the lot, if the site plan was redrawn to reflect the revised side build-to line, the building square footage and mass would have to be significantly reduced to compensate for the parking spaces lost in elongating the building. As with all Site Plan llme Extension requests, the site plan is still subject to the original 29 conditions of site plan approval. Relative to the Art in Public Places ordinance, the original site plan approval occurred prior to adoption of Ordinance 05-060. Page 3 Memorandum No. PZ 06-172 RECOMMENDATION Staff recommends approval of this request for a six (6) month time extension of the site plan approval (NWSP 05-022) with the condition that the applicant obtains traffic concurrency approval to extend the build-out date accordingly. This positive recommendation is based on the fact that the applicant has demonstrated a commitment to receive the necessary permits, the approved site plan complies with nearly all of the new regulations of the Urban Commercial District Overlay, and equally important, that the project retains the same high quality appeal in design that essentially achieves compliance with the proposed CRA Urban Design Guidelines and would make it a true asset in the Federal Highway corridor. Approval of this request for site plan extension would extend the project's expiration date to February 2, 2007. All conditions of approval included in the initial development order must still be satisfactorily addressed during the building permit process; however, any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit "c" - Conditions of Approval. S:IPlanningISHAREDlWPIPROJECTSINeelam Business Center\SPTE 06-010\Staff Report.doc . I 1 in. = 121.4 feet L I I NE 9TH AVE____ NE 8TH AVE r;( J'" I( -.,\ 't'~ (' Exhibit A Neelam Business Center EXHIBIT B August I, 2006 ~ ----------- / [., r;y ----~~ 1/7 I ALG ... ( an i/d I ~ Ij Michael W. Rumpf Director of Planning & Zoning City of Boynton Beach Development Department Planning & Zoning Division 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 RE: Request Extension of Site Plan Approval Dear Mr. Rumpf: This letter is in regards to the Neelam Business Center at 924 N Federal Highway. As you are aware the City Commission approved the site plan for the above mentioned project on August 2,2005. Parag Construction has been working diligently to secure _ - permits and all necessary government approvals to commence development of the mixed use plaza. However, it appears we will fall slightly short of securing a building permit - from the City of Boynton Beach prior to the one year deadline: Therefore, we are requesting an extension for the current Development Order approval for a period of six months. We believe this will be more than substantial time to secure a . building permit, and all other necessary approvals. 'I cannot emphasize how serious we are about getting this project off the ground, but please consider the following to determine our commitment to the development of Neelam Business Center: - 1 Payment in the amount of$8700.00 to FPL for engineering and relocating power poles on site. FPL has completed the engineering process and we have completed a sUrvey with new FPL easements $2600.00. 2 Permit Application Fee in the amount of $5936.43 was paid to the City of Boynton Beach on April 18, 2006. Permit #06-2988 3 Comments received on May 16,2006 were corrected and resubmitted on July 19, 2006. -----------~---We haveappHed-ror]~l:YOt-peiiTiIts:----------------~------'-'----------------------------.-------.-- 5 Temporary Fence permit secured from the City of Boynton Beach on April 25, 2006. Permit # 0600000832 6 Engineered Roof Truss Drawings complete 7 Soil Boring Tests complete We would greatly appreciate the granting of an extension as we are not far out from breaking ground on this project. Thank you for the time and consideration. Sincerely, n I (] (-1 no TI of, d. raJ€-X---.- Anand D. Patel Managing Partner AA, LLC EXHIBIT "e" Conditions of Approval Project name: Neelam Business Center File number: SPTE 06-0 I 0 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: 1. All previous conditions of Approval as set forth in the original site plan approval (NWSP 05-022) remain in effect. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. Provide an updated concurrency approval letter from Palm Beach County Traffic Division, prior to issuance of first permit. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Schnars Business Ctr\Neelam NWSP 05-022\SPTE 06-01O\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Neelam Business Center APPLICANT'S AGENT: Anand Patel - AA, LLC APPLICANT'S ADDRESS: 1503 Belvedere Rd West Palm Beach, FL 33406 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 17, 2006 TYPE OF RELIEF SOUGHT: Request for a six (6) month time extension of the site plan approval (NWSP 05-022) granted on August 2, 2005, extending the approval to February 2, 2007. LOCATION OF PROPERTY: 924 North Federal Highway Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Schnars Business Ctr\Neelam NWSP 05-022\SPTE 06-010\DO.doc . VII. PUBLIC HEARING: New Business E. The Peninsula at Boynton Beach (SPTE 06-007) 1~~<tY~T2~CRA iIi East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: October 25, 2006 AGENDA ITEM: I Consent Agenda Old Business New Business I X I Public Hearing Other SUBJECT: Site Plan Time Extension - The Peninsula SUMMARY: The Peninsula, located in the Federal Highway Corridor Community Redevelopment Plan Area I, was granted site plan approval on July 5,2005. The applicant is requesting a six month site plan time extension. The project is moving forward having paid PBC impact fees and utility reservation fees. The applicant has also submitted revised building permit drawings which are undergoing second review. FISCAL IMPACT: None. RECOMMENDATIONS: Approve the applicants request for a six month site plan time extension for Site Plan NWSP 05-013. Lf!M4~ Vivian L. Brooks CRA Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 1025 CRA Board Meeting\Peninsula SPTE.doc TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-153 Chair and Members Community Redevelopment Agency Board Michael Rumpf'l-.-\> -e--- Director of Planning and Zoning Kathleen Zeitler In . Planner ~ September 5, 2006 The Peninsula at Boynton Beach (SPTE 06-007) Site Plan Time Extension Property Owner: Applicant I Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Uses: Acreage: Adjacent Uses: North: South: East: West: PROJECT DESCRIPTION Waterbrook Development, LLC Tom Yianilos with Waterbrook, Inc. 2649 North Federal Highway (see Location Map - Exhibit "A'l Special High Density Residential (SHDR - 20 du/ac) Infill Planned Unit Development (IPUD - 20 du/ac) No change proposed No change proposed 30 fee-simple townhouse units and 40 multi-family (condominium) dwelling units 3.51 acres (152,974 square feet) Developed commercial property within the Town of Hypoluxo, designated Residential- Multiple Family (RH) land use and zoned Commercial Marine (CM); Vacant property designated Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD) (forthcoming Casa del Mar project); Right-of-way for the Intracoastal Waterway; and Right-of-way for U.S. 1 and then right-of-way for Florida East Coast Railroad. Page 2 Memorandum No. PZ 06-153 The Peninsula SPTE 06-007 BACKGROUND Mr. Tom Yianilos with Waterbrook, Inc. (owner/developer) is requesting a six (6)-month site plan time extension for The Peninsula at Boynton Beach Site Plan Development Order (NWSP 05-013), which was approved by the City Commission on July 5, 2005. The site plan approval is valid for one (1) year from the date of approval. If this request for a six (6)-month time extension were approved, the expiration date of this site plan, including concurrency certification would be extended to January 5, 2007. The subject property is located within the Federal Highway Corridor Community Redevelopment Plan Study Area 1. According to the original site plan staff report, the proposed Peninsula at Boynton Beach is an Infill Planned Unit Development approved for 30 fee-simple townhouse dwelling units and 40 multi-family (condominium) dwelling units. The project has been approved for the following: a Land Use amendment (LUAR 05-004) from Local Retail Commercial (LRC) and High Density Residential (HDR) to Special High Density Residential (SHDR - 20 du/ac) classification, a Rezoning (LUAR 05-004) from Community Commercial (C-3) and Multi-Family Residential (R-3) to Infill Planned Unit Development (IPUD) zoning district, and a new Site Plan (NWSP 05-013). The entire project would be built in one (1) phase starting with the condominium building (40 units) followed by townhouses (30 units). The 70 units are proposed within seven (7) separate buildings on the 3.51-acre site (see Site Plan - Exhibit "B"). According to the floor plans, each townhouse building would have five (5) units. Each unit proposed within the two (2) story townhouse buildings (Buildings 100 and 200) would have 3-bedrooms and private backyards that would be large enough to accommodate a small-sized swimming pool. The number of bedrooms proposed within each three (3)-story townhouse building (Buildings 300 through 600) would range between two (2) bedrooms and four (4) bedrooms. Finally, the four (4) story condominium with building with understory parking would have a mix of two (2) and three (3) bedroom units. The recreation area would be located at the eastern portion of the development overlooking the Intracoastal Waterway. It would include a 1,285 square foot cabana building and a swimming pool. The design of the proposed buildings 1 clubhouse resemble a mixture between a Spanish-Mediterranean style with its smooth stucco finish and S-tile roof, and a modern design with its decorative green Metropolis shutters, decorative railings, multi-color awnings, and pre-cast decorative columns and accents. The exterior walls of the buildings would consist of the following colors: dark brown, brown, yellow, light yellow, and cream. Since approval of The Peninsula at Boynton Beach, the adjacent property to the south has been similarly rezoned to IPUD for the Casa del Mar project which proposes a total of 42 townhomes and 40 condominiums. Both projects require a perimeter landscape buffer along their common property line which includes the requirement for a six (6) foot masonry wall within each buffer. The Casa del Mar project was approved with a condition of approval which states as follows: "Staff recommends working with your neighbor to the north (Peninsula) to utilize their perimeter wall rather than building one immediately adjacent to it". These forthcoming adjacent IPUD's will provide an opportunity for redevelopment in a highly visible entrance corridor to the City. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the request prior to the expiration date of the development order. In this case, the Page 3 Memorandum No. PZ 06-153 The Peninsula SPTE 06-007 applicant has met that requirement. The Planning & Zoning Division received the application for time extension on May 26, 2006, a total of 40 days prior to the expiration date of the new site plan. The applicant states that the original plan called for town homes, but changed during the site plan process to include condominiums as well. The deSign process started with an architectural firm that specializes in homes and townhomes, but after the addition of condominiums, a second architectural firm had to be retained for the permit drawings for the condominium building. The applicant's justification statement explains that it took them longer (from July, 2005 site plan approval to March, 2006 building application submittal) to complete their working drawings for the 7 proposed buildings due to the addition of a second architectural firm. According to the justification submitted for the requested time extension, the applicant lists the following accomplishments as demonstrating their "good faith" efforts in securing a building permit for the project: (1) purchased property in September, 2005; (2) relocated 21 mobile home residents; (3) obtained South Florida Water Management District permit (#50-07266 issued in February, 2006); (4) submitted for building permits (site, townhouse buildings 1-6, condominium building, clubhouse); paid application fees for utility capacity reservations (water and sewer); and paid impact fees in the amount of $315,763.42. The applicant has submitted revised building permit drawings which are now undergoing a second review. The applicant expects that the issuance of building permits is imminent, and requests a six (6) month site plan time extension. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. The Palm Beach County Traffic Division approved the traffic study for The Peninsula at Boynton Beach project based on a total of 70 proposed residential units. Based on the Traffic Division's review, it has been determined that the project is located within the Coastal Residential Exception Area of Palm Beach County which exempts residential units from traffic concurrency requirements, and the project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued after the build-out date of 2007. The site plan time extension is still subject to the original 47 conditions of site plan approval. Lastly, no new land development regulations are now in place against which the project should be reviewed and modified. As for application of the Art in Public Places ordinance, site plan approval occurred prior to adoption of Ordinance 05-060. SUMMARY I RECOMMENDATION Staff recommends approval of this request for a six (6)-month time extension of the site plan (NWSP 05-013) for The Peninsula at Boynton Beach project. If this request for extension were approved, the expiration of this site plan, including concurrency certification, would be extended to January 5, 2007. Staff is generally in favor of the redevelopment efforts represented by the approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan toward greater residential uses in this area and economic revitalization. The proposed Peninsula at Boynton Beach project will provide an opportunity for redevelopment in a highly visible entrance corridor to the City, increase the value of adjacent and nearby properties, and contribute to the overall economic development of the City. In addition, the Peninsula project is proposed at a scale and massing that will provide a transition into the downtown area and provide a variety of housing on site. If this request for site plan time extension is approved, all outstanding conditions of approval from the original site plan must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "C"). S:\Planning\SHARED\WP\PROJECTS\Peninsula @ Boynton Beach\SPTE 06-007\Staff Report.doc ... 1 in. = 181.0 feet .22. 125. DOtO "II 112. 1140 'tll .211 121' I3tO ,.. '411 'Ut 055. '52' 'UO .451 0441 1351 1310 .ti2 .... .120 07.. 172. 1711 17.. '12' '140 .161 ,ti., .15. lito t... .... 1250 HI' Hti. H4. H2O tnl tno EXHIBIT "A" Location Map EXHIBIT B ~ ,. :'.i ?~ ~~ ro ST : FEDERA A TE ROAD 5 ~ (F".D.O.r. RIW" L HIGHWAY (u . AP. SECIlOH 8JOI0-2.501 SH . S. 1 ) liED/AN' El:T:JClF'7) _.._~64g N. FEOE L . ASPHAL r 1\ \lEldENr f.IU!r. n-%:Z ! , .11 4 I J~ ~~ ~ ~~[!!JD~. '.",> COLESTOCK & MUIR .t I1II ~I :~~ A~2.':!rt~~~~J-E..:~.~ . ~~. P'HoME;Ui.I'~.'7tI7 f'.r.x:teeIJ385"3Q. . . CO'O"'C.......IfD.N.OOO:II31 Eooo-...:CNA_ .o.~IW" IlItyc.cc, ~ ~ . IIOTNT(IN 8I!"t,CIoI WATEl1l!!ROOK . 26-tI NCMTH ~ HY. ~~~ I'L I~=-= EXHIBIT "e" Conditions of Approval Project name: The Peninsula at Boynton Beach File number: SPTE 06-007 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTERlENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: 1. The site plan time extension shall be subject to all previous Conditions of ApprovaL Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S :\Planning\SHARED\ WP\PROJECTS\Peninsula\SPTE\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Peninsula at Boynton Beach APPLICANT'S AGENT: Thomas Yianilos, Waterbrook, Inc. APPLICANT'S ADDRESS: 715 E. Hillsboro Boulevard, Deerfield Beach, FL 33441 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 3, 2006 TYPE OF RELIEF SOUGHT: Request a six (6) month site plan time extension to construct 30 fee- simple townhouse units and 40 condominium units on 3.51 acres in the IPUD zoning district LOCATION OF PROPERTY: On the east side of U.S. 1, approximately 1,600 feet north of Gateway Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7 . Other DATED: City Clerk J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Peninsula@ Boynton Beach\SPTE 06-007\DO.doc ~ VII. PUBLIC HEARING: New Business F. Las Ventanas (fka Gulfstream Lumber) SPTE 06-009 ~ ~ II~qY~T8~CRA iIIIi East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: October 25,2006 AGENDA ITEM: I Consent Agenda Old Business New Business I X Public Hearing Other SUBJECT: Site Plan Time Extension - Las Ventanas SUMMARY: Las Ventanas located at the NW comer of Woolbright and Federal Hwy. in the Federal Highway Corridor Community Redevelopment Plan Area IV, is seeking a one year site plan time extension. The site plan was approved on September 6, 2005. The applicant is moving forward having purchased the property, demolished existing structures, closed on construction financing for $1 OOM and remediated environmental issues. FISCAL IMPACT: None. RECOMMENDATIONS: Approve the applicants request for a one year site plan time extension for site plan NWSP 05-021. L//t/0 ?J0~ Vivian L. Brooks CRA Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 10 25 CRA Board Meeting\Las Ventanas SPTE.doc Exhibit 'A' - Location Map 720 ~ I Feet w~ s 180 90 0 I 180 360 540 Page 3 Memorandum No. PZ 06-169 Las Ventanas SPTE 06-009 remediation on July 19, 2006 at a cost of $530,000; (5) submitted site development plans to the City of Boynton Beach on December 20, 2005 (plans were returned to the developer on February 1, 2006 and are currently being revised to reflect staff comments); (6) Submitted an Environmental Resource Permit to the South Florida Water Management District on December 20, 2005 (SFWMD comments are currently being addressed); (7) submitted a driveway connection permit to the Florida Department of Transportation on March 9, 2006; (8) submitted a drainage permit to the Florida Department of Transportation on March 9, 2006 (FDOT comments are currently being addressed); and (9) met with Palm Beach County on October 20, 2005, to discuss the proposed relocation of the stoplight on Woolbright Road. All traffic studies have been completed and coordination is ongoing with RAM Development regarding the proposed relocation of the traffic signal with respect to the re-development of Sunshine Square to the south. Project engineers are planning to resubmit engineering plans by early October. It is not yet known exactly when building permits will be submitted. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. Based on the Palm Beach County Traffic Division's review, it has been determined that the project is located within the Coastal Residential Exception Area of which exempts residential unitsfrom traffic concurrency requirements. However, the Traffic Engineering Division found several inadequacies in reviewing the project. The City of Boynton Beach approved the original site plan with the condition that the county's concerns were addressed. The developer has indicated that several issues have prolonged discussions with the county; one in particular continues to delay approval. Ongoing analysis of the relocation of a traffic signal on Woolbright Road will soon conclude according to a letter furnished by Kimley-Horn on September 28, 2006. The analysis includes determining optimal lane configurations on Woolbright Road as well as coordination with the signal at US 1 and Woolbright Road to the east. This analysis has included coordination with the traffic engineering consultant for the neighboring Sunshine Square development to the south, the City of Boynton Beach, and Palm Beach County. The site plan time extension is still subject to the original 74 conditions of site plan approval. Lastly, no new land development regulations are now in place against which the project should be reviewed and modified. As for application of the Art in Public Places ordinance, site plan approval occurred prior to adoption of Ordinance 05-060. SUMMARY I RECOMMENDATION Staff recommends approval of this request for a one (1) year time extension of the site plan (NWSP 05-021) for The Las Ventanas at Boynton Beach project. If this request for extension were approved, the expiration of this site plan, including concurrency certification, would be extended to September 6, 2007. Staff is generally in favor of the redevelopment efforts represented by the approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan toward greater residential uses in this area and economic revitalization. The proposed Las Ventanas at Boynton Beach project will prOVide an opportunity for redevelopment in a highly visible entrance corridor to the City, increase the value of adjacent and nearby properties, and contribute to the overall economic development of the City. In addition, the project is proposed at a scale and massing that will provide a transition into the downtown area and provide a variety of housing on site. If this request for site plan time extension is approved, all outstanding conditions of approval from the original site plan must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "C"). S:\Planning\SHARED\WP\PROJECTS\Gulfstream Lumber\Uptown Lofts at Boynton Place\SPTE 06-009\Staff Report.doc TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-169 Chair and Members Community Redevelopment Agency Board Michael Rump~ Director of Planning and Zoning Gabriel Wuebben Planner September 5, 2006 Las Ventanas (fka Gulfstream Lumber) SPTE 06-009 Site Plan Time Extension Property Owner: Applicant I Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Uses: Acreage: Adjacent Uses: North: South: PROJECT DESCRIPTION Epoch Properties, Inc. Kyle Riva with Epoch Properties, Inc. Northwest corner of Federal Hwy and Woolbright Rd. (see Location Map - Exhibit "A") Mixed Use (MX - 40 du/ac) Mixed Use Low (MU-L - 40 du/ac) No change proposed No change proposed 43,361 square feet of retail, 404 apartment units, 20 townhouses, and 70 lofts. ::!:14.63 acres (:!:637,283 square feet) To the northeast, developed commercial property (Dunkin' Donuts and a convenience store) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial, and developed residential property classified and rezoned similarly. To the northwest, the right-of-way of SE 12th Avenue, then developed residential property classified Medium Density Residential (MeDR) at a maximum density of 9.58 dulac, and zoned R-2 Duplex Residential; The right-of-way of Woolbright Road (SE 15th Avenue) then developed commercial property (Sunshine Square) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial; Page 2 Memorandum No. PZ 06-169 Las Ventanas SPTE 06-009 East: The right-of-way of South Federal Highway, then to the southeast, developed commercial property (Shell Service Station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial; to the northeast, developed residential property (Gulfstream Apartments [25.4 du/ac] and Snug Harbor Condominiums [27.7 du/ac]) classified High Density Residential (HDR) (maximum density of 10.8 du/ac), and zoned R-3 Multi-family residential; and West: The right-of-way of the Florida East Coast (FEC) railroad, then developed property classified Industrial (1) and zoned M-l Industrial. BACKGROUND Mr. Kyle Riva, preSident of Epoch Properties, Inc., is requesting a one (l)-year site plan time extension for the Las Ventanas at Boynton Beach (fka Gulfstream Lumber I Uptown Lofts at Boynton Beach) project, Site Plan Development Order (NWSP 05-021), which was approved by the City Commission on September 6, 2005. The site plan approval is valid for one (1) year from the date of approval. If this request for a one (i)-year time extension were approved, the expiration date of this site plan, including concurrency certification, would be extended to September 6, 2007. The subject property is located within the Federal Highway Corridor Community Redevelopment Plan Study Area IV. According to the original site plan staff report, the proposed Las Ventanas at Boynton Beach is a Planned Unit Development approved for 43,361 square feet of retail, 404 apartment units, 20 townhouses, and 70 lofts. The project was previously rezoned from Community Commercial (C-3) to Mixed Use-Low (MU- L) on June 17, 2003 per Ordinance 03-032. The project was approved for a new Site Plan (NWSP 05-021) on September 6, 2005. The project can be characterized as an "urban infill, mixed-use" development whereby front building setbacks are minimal and off-street parking is relegated to a subordinate role. The site plan shows that the development would be divided into three (3) distinct areas, namely, the five (5)-story apartment building portions, the townhouse element, and the mixed-use component. The subject property fronts on two (2) major roadways (Federal Highway and Woolbright Road). The taller, five (5)-story, apartment buildings would back against the west property line along the railroad tracks whereas the three (3)-story mixed-use buildings would face Federal Highway and Woolbright Road. The apartment buildings as well as the mixed- use buildings would contain internal parking garages. The mixed-use buildings are oriented so that they "face" the street. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on August 9, 2006, almost one month prior to the expiration date of the site plans. According to the justification submitted for the requested time extension, the applicant lists the following accomplishments as demonstrating their "good faith" efforts in securing a building permit for the project: (1) purchased property on August 28, 2005, for $15.5 million; (2) closed on construction and interim financing as well as equity financing in excess of $100 million; (3) demolished all existing structures on the site at a cost of $300,000; (4) received FDEP approval on an environmental remediation plan and completed all required INCORPORATED EXHIBIT B -- -- 'ill ...~~ w.J1 I\LG-gm; J PLANNING AND ZONING OEPT EPOCH@ PROPERTIES August 7, 2006 ~.11ichaeIFlunnpf The City of Boynton Beach Development Department 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Via Federal Express RE: File No.: Location: Las Ventanas/Gulfstream Lunnber NWSP 05-021 NW corner of Woolbright Fload and Federal Highway Dear lvfr. Flumpf: We have been diligently working to advance the plans of our mixed-use project, Las Ventanas at Boynton Beach. Despite our best efforts, it appears that we will not be able to secure a building permit for vertical construction prior to the expiration of our current site plan approval. Pursuant to Chapter 4, Section 5 of the City of Boynton Beach Land Development Regulations, this letter is our official request for an extension to our site plan approval for a period of one (1) year. This extension should allow us to secure our final building permits for this project and begin vertical construction. The following is a list of accomplishments and upcoming submittals that we feel demonstrate our efforts to date and our commitment to our project. · We purchased the site for $15,500,000.00 (cash) on August 28,2005. · We have now closed on our construction and interim financing, as well as our equity financing in excess of $1 00,000,000.00. · Demolition of all existing structures on the site has been completed. Total cost of demolition was in excess of $300,000.00. · Our environmental remediation plan was approved by FDEP and all required active remediation was completed on July 19,2006. Total cost of approvals and remediation was in excess of $530,000.00. · Site development plans were submitted to the City of Boynton Beach on December 20, 2005. · Comments from the City of Boynton Beach Utility Department were received on February 1,2006, and the plans are being revised per their comments. · Environnnental Resources Permit submittal was made to the South Florida Water 11anagement District on December 20,2005. Comments were received on January 20, 2006, and their comments are in the process of being addressed. · Florida Department of Transportation driveway connection permit subnnittal was made on 11arch 9, 2006. 359 Carolina Avenue' Winter Park, Florida 32789 ,. (407) 644-9055 ' Fax (407) 644-9845 · Florida Department of Transportation drainage permit submittal was made on March 9, 2006. Comments were received from FDOT on the drainage permit on AprilS, 2006, and their comments are being addressed. · A preliminary meeting to discuss the proposed relocation of the stoplight on Woolbright Road was held with Palm Beach County on October 20th, 2005. All traffic studies have been completed, and we are currently coordinating with RAM Development regarding their proposed development to the South. · Our engineers are planning to re-submit their engineering plans within the next 60 days. · Building Permit submittals should be made to the City of Boynton Beach Building Department by the end of August, 2006. Enclosed, please find a check for Four Hundred and 00/100 ($400.00) Dollars made payable to the City of Boynton Beach. Please also advise me of all respective meetings with regard to this extension request. have any questions or need additional information, please feel free to contact our , rivaljkh/boyn tonbeach/si tep lanapprovalextI tr2 .......,__ n Kimley.Horn IiIIl.J U and Associates, Inc. EXHIBIT B September 28, 2006 . 4431 Embarcadero Drive West Palm Beach, Ronda 33407 Mr. Ed Breese City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: Las Ventanas (fka - Gulf Stream Lumber Site) Boynton Beach, Florida 047502001 Dear Mr. Breese: Kimley-Hom and Associates, Inc. has prepared a traffic evaluation for this site, which is located in the northwest quadrant of Woolbright Road and Federal Highway/US 1 in Boynton Beach, Florida. Currently, the site serves as a 637,584 square foot (14.64 acres) lumber yard and it is proposed to be redeveloped to contain a mix of residential, retail, and restaurant land uses with a buildout date of 2010. The property is located within the City of Boynton Beach Transportation Concurrency Exemption Area (TCEA); therefore, the entire site, including the non-residential component, is exempt from the standard transportation concurrency requirements of the Palm Beach County Traffic Performance Standards Ordinanqe (TPSO). Kimley-Hom and Associates has provided to Palm Beach County the information typically required of projects located within a TCEA. This includes an evaluation of trip generation, traffic assignment and traffic volumes on the site access driveways. Because it is also proposed to relocate the existing traffic signal on Woolbright Road as a part of the redevelopment ofthis site and the Sunshine Square site on the south side of Woolbright Road, we have been undertaking ongoing analysis of the operation of the relocated signal. This analysis includes determining optimal lane configurations on Woolbright Road and coordination with the signal at US 1 & Woolbright Road. This additional analysis has included ongoing coordination with the traffic engineering consultant for Sunshine Square (TrafTech Engineering, Inc.), the City of Boynton Beach and Palm Beach County. ill(;;gD; J@ DEPARTMENT OF DEVELOPMENT ~-_n Kimley-Horn ~ U and Associates, Inc. Mr. Ed Breese, September 28, 2006, Page 2 The County's letter regarding the site's consistency with the Traffic Performance Standards Ordinance is expected to be issued after these details regarding the operation of the relocated signal, even though the site is within the City's TCEA. Should you have any questions regarding this information, please call me at 845- 0665. Sincerely, KIMLEY -HORN AND ASSOCIATES, INC. ~Y-r.J~ Christopher W. Heggen, P.E. Transportation Engineer CWH/nsb P:\0475\0200 1 \092806.doc EXHIBIT "C" Conditions of Approval Project name: Las Ventanas (fka Gulfstream lumber) File number: SPTE 06-009 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None PUBLIC WORKS - Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTERlENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: 1. The time extension is subject to the original Conditions of Approval. Las Ventanas (fka Gulfstream Lumber) SPTE 06-009 Conditions of Approval P 2 age DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Gulfstream Lumber\Uptown Lofts at Boynton Place\SPTE 06-009\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Las Ventanas (fka Gulfstream Lumber) APPLICANT: Epoch properties, Inc. APPLICANT'S AGENT: Kyle Riva, President of Epoch properties, Inc. AGENT'S ADDRESS: 359 Carolina Avenue, Winter Park, FL 32789 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 21,2006 TYPE OF RELIEF SOUGHT: Request a one (1) year time extension of the site plan (NWSP 05-021) to September 6, 2007 LOCATION OF PROPERTY: Northwest corner of Federal Hwy and Woolbright Rd. (see Exhibit "A"- Location Map). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. 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VII. PUBLIC HEARING: New Business G. Mixed Use Zoning Districts - Code Review- (CDRV 06-002) f"'"' 1~~qY~T2~CRA iIi East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: October 19, 2006 AGENDA ITEM: I Consent Agenda Old Business New Business I X I Public Hearing Other SUBJECT: Mixed Use Zoning Districts SUMMARY: The proposed amendments to the Mixed Use Zoning Districts are the result of joint workshops between the City and CRA. The amendments create three Mixed Use Low zoning districts Mixed Use-Low 1, Mixed Use-Low 2 and Mixed Use-Low 3. There are several noteworthy changes: · The conditional allowance of Automobile Fuel Sales in MU-L3 and MU-H districts and Automotive Repairs (Minor) uses in the MU-L2 and MU-L3 districts (previously not permitted). · The Grocery Store, Supermakets use will allow stores up to 80,000 sq. (previously limited to 30,000 sq. ft.). · The Shared Parking analysis is updated to the latest Urban Land Institute standards (from 1983 to 2005). · Historic structures are exempted from setback requirements. FISCAL IMPACT: None. RECOMMENDATIONS: osed amendments to the Mixed Use Zoning Districts. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 1025 CRA Board Meeting\MU Zoning.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-170 TO: FROM Chair and Members Planning and Development Board Community Redevelopment Agency Board Mayor and City Commissioners ,A'l , ~,tlJ ,~~ Michael W. Rumpf'; LJ Director of Planning and Zoning DATE: September 1, 2006 SUBJECT: Mixed Use Zoning Districts (CDRV 06-002) Conversion of Mixed Use-Low (MU-L) to Mixed Use-Low 1 (MU-Ll), amendment of Mixed Use-High (MU-H), and establishment of the Mixed Use-Low' 2 (MU-L2) and Mixed Use-Low 3 (MU-L3) zoning districts. NATURE OF REOUEST Staff is proposing amendments to the Land Development Regulations, Chapter 2, Section 6. F. Mixed Use Zoning Districts, based on discussions held and input received in public workshops held during 2005 with the City Commission, the Community Redevelopment Area Board, and the public. The proposed amendments are attached as "Exhibit A", with the changes shown in strike-through (for deletions) and underline (for additions) format. BACKGROUND The Mixed Use zoning district regulations were adopted by the City Commission in June 2002, primarily to implement recommendations of the Federal Highway Corridor Community Redevelopment Plan. Several minor amendments have been made to the regulations since their adoption; however, as the Community Redevelopment Agency moved it's focus to other portions of the redevelopment area, it was realized that adjustments needed to be made to the original Mixed Use regulations in order to implement the more recently adopted redevelopment plans, which include, the Heart of Boynton Community Redevelopment Plan, the Federal Highway Corridor Community Redevelopment Plan, and the Ocean District Community Redevelopment Plan. ANALYSIS The major change in the proposed code amendments is the division of the Mixed Use-Low Intensity zoning district into three distinct low intensity districts; Mixed Use-Low 1 (MU-Ll), Mixed Use-Low 2 (MU-L2) and Mixed Use-Low 3 (MU-L3). The MU-Ll district has the lowest intensity in terms of uses, density, intensity, and maximum height allowed, and MU-L3 allows the highest intensity, although it is still less-intense that the Mixed Use-High Intensity zoning district. Whereas in the existing regulations, the densities and intensities are controlled solely by the classification of the roadway providing frontage for a project, the proposed regulations are also based on geographiC boundaries finalized during the above mentioned public meetings. While roadways providing frontage is still a factor, it is no longer the sole location criteria. The Page 2 CDRV 06-002 Mixed Use Zoning Districts Mixed Use-Low zoned districts will correspond with the "Mixed Use" land use classification, and the Mixed Use-High district will continue to correspond with the Mixed Use-Core classification. The "Schedule of Permitted Principal, Accessory and Conditional Uses" was also reviewed and revised with some of the more intense uses being permitted in only the more intense zoning districts. Several uses, heretofore not allowed, such as "Automobile Fuel Sales", and "Automotive Reoairs (Minor)" have been added to the schedule along with specific design and location requirements for those uses. These provisions are proposed to keep needed services near the future population center of the redevelopment core. . The restriction note for "Grocery Stores, Suoermarkets" has been amended to allow a larger sized store to be developed. This was based on research indicating that the maximum size currently allowed is less than what most supermarket chains are currently willing to develop. This amendment will also allow for the redevelopment of the Sunshine Square and Publix store in accordance with the vision for the city's urban area. The requirements for Shared Parking analysis have been updated to reflect a more recent study prepared by the Urban Land Institute (ULl) in 2005. Currently, the requirement is that the analysis be based on a study released in 1983. Finally, amendments are proposed to the "Definitions" section for the districts. These changes include adding or modifying the following definitions: "Listed Historic StructuresH (which are exempt from setback regulations); "Mixed use development'~ "Night Club'~ "Private Clubs, Lodges, and Fraternal Organizations'~ "Recreation and entertainment, indoor'~ "Recreation and entertainment, outdoor'~ and "Street Vendors'~ RECOMMENDATION It is staff's opinion that the proposed code amendments follow the directives of the City Commission provided at the public workshops and therefore recommends approval. Exhibits S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 06-002 Mixed Use Zoning Districdts.doc F. MIXED USE ZONING DISTRICTS. ~ 2 ~ h'\\,:-r ~ A 1. Intent and purpose. The mixed use zoning districts allow for a diversity of land uses, and a encourage a mixture of residential, office, retail, recreational, and other miscellaneous uses or. within the Community Redevelopment Area. All development and redevelopment shall requiJ to be processed concurrently with the application for rezoning. The objectives of the mixed use zoning districts are as follows: a. Support and enhance revitalization efforts in the city's traditional commercial core area; b. Create majer new residential and mixed 1:lse areas Allow for commercial services to be provided to new residential developments in planned locations with appropriate densities, heights, and mixtures of uses; c. Create optimal pedestrian environments through appropriate separation from, and design of vehicular circulation areas; d. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development within the development area; e. Create surrounding areas that complement rather than compete with the downtown; f. Create higher quality environments for residents, businesses, employees, and visitors. 2. Zoning districts. The mixed use zoning districts shall be applied to selected geographic areas, east ofI-95, identified on the city's Future Land Use Map, where a mixture of uses and building densities is intended to carry out elements of the city's redevelopment plans, including goals in employment, population, transportation, housing, public facilities, and environmental quality. Regulations for the planning areas are implemented through twe four zoning districts: Mixed Use-High Intensity (MU-H), Mixed Use-Low Intensity 1 (MU-Ll). Mixed Use-Low Intensity 2 (MU-L2). and Mixed Use-Low Intensity 3 (MU-L3). Permitted uses and associated standards for development vary between the zoning districts each reflecting the importance of the district's location and its relationship to the downtown. Heights, densities and intensities of development are regulated according to the classification of the roadway along the frontage of the property and proximity to existing single family zoning districts. A Mixed Use Low zoning district may be located only on lands designated Mixed Use (MX) on the City of Boynton Beach Future Land Use Map. The Mixed Use High zoning district may be located only on lands designated Mixed Use-Core (MX-C) on the City of Boynton Beach Future Land Use Map 3. Subdistricts established. a. MU-H (Mixed-Use-High Intensity) Zoning District. (I) Upon adoption oftThe Mixed-Use Core (MX C) land 1:lse classifieation, this High Intensity (MU-H) zoning district shall only be applied to lands classified as Mixed Use-Core (MX-C) on the Future Land Use Map. (2) The MU-H district is appropriate for developments that provide for high density residential in addition to retail commercial and office uses. (3) The district allows a maximum height of one hundred-fifty (150) feet and a residential density of eighty (80) dwelling units per acre, provided that all new developments within this district that front on streets designated as "arterial" or "collector" roadways" on the Functional Classification of Roadways Map shall contain a mixture of retail, office and/or residential uses arranged either vertically or horizontally. Single-use proiects fronting solely on other streets within this district shall require conditional use approval. b. MU-L (Mixed-Use-Low-Intensity) Zoning District~, Mixed Use-Low Intensity 1 (MU-Ll). Mixed Use-Low Intensity 2 (MU-L2). and Mixed Use-Low Intensity 3 (MU-L3). October 9,2006 (1) In order to complement the revitalization efforts in the city's commercial core, the MU-L Zoning District~ shall only be applied to lands peripheral to the downtown area and classified as Mixed Use (MX) on the Future Land Use Map. (2) The MU-L District~ isare appropriate for low- to mid-rise developments that provide for medium density residential uses. (3) The district~ allows a maximum height of seventy-five (75) feet and a residential density of forty (40) dwelling units per acre for mixed use projects. (4) Building heights between seventy-five (75) feet and one hundred (100) feet may be pennitted for devewpments abutting the Mixed Use High zoning district, if reviewed as a conditional use. (5) The review of these applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. (6) All new developments within this district that contain a mix of uses shall front on streets designated as "arterial", "collector", or "local collector" roadways" on the Functional Classification of Roadways Map and shall contain a mixture of retail commercial, office and/or residential uses, which may be arranged either vertically or horizontally. (7) Height restrictions and densities may be further limited in certain geographic areas to further applicable redevelopment plans. 4. Uses. a. The following table identifies the pennitted, restricted and prohibited uses within the mixed use zoning districts. b. Uses are classified as Pennitted "P," Conditional "C," or Not Pennitted "N." c. Uses pennitted with restrictions are followed by a numeral that corresponds to a footnote below the table. Each footnote explains restrictions associated with the use. d. The Planning and Zoning Director or designee shall have the discretion to approve uses that are not specifically listed but are similar to uses that are expressly pennitted; provided, however, such uses are not expressly identified as conditionally pennitted or not pennitted in any zoning district within the city. TABLE 6F-l SCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES October 9,2006 2 -;- ~T:': : + pM p~ ~, Vun ,., ~ " , T'- /"Y. - .. VOJ '-' ~~.t- ~ ---;;;:;- Jr"" ~ _ 0. ,y ~1.. ~ P ...... P ~ ~ -;- , - p ~ ry . . pJ. 12~ C- ._ n~__ ..... ~ [j24 n '"Vuvv r;~ ~~ n- ,'.1 - f. .. :1 .1 .1. ., 'OJ'~' P OJ' "'.u. , ~ In_.+ ~--;;;:;- 12 I- .. 'n::1r 12 12 -=- --;- .. . . T .. 0 12 'v..,", .. r\~ TT.. -;::T, ... >Ie1\. T_+ -:1 _ L":.__. " .1..._ lIATT --:r''''. ~.., ~... ... '" ' .u""' '-' rT '7. I:r LJOIn7; p.9 pl,l - . ~. .-,- , 126 lPe --; ,. ,1 __~ . ~ ~~ VI' if. l' .1 . ~~~ 'VI' . -. "01~_~~ Ip.& p6 . .u 126 [P6 i.=- ~ .1~ ~~~ .. :;:;:- ~;.- ~.' [ji& IN -y- Icl_l__ J /"Y. -.= , .1 T T. ~ ~ ........OJ ..., .... '-' . ..~~.:. . '.. . .1. " if' T '7. .L ,.- r ..... ..._ .u , """J 1 ~- . .- . . . JU 116 P.6 A" . -;-. ~ ..... .1 C'I+~_~ -' C'1..1 ..... .1 N N v. --r v .1 - . . TT ____1 12& N 1 r:;- p6 p6 .- C'1 .1. N N n IT': A P& p6 .. . ~ -'.. ~. ..... ..1 .. ~ ~ I ^....._ 0, ..a.. ~~.. -' ..;..' 1126 Ip.& ..... '''', , .1 ~ I" ~~ ~ A T>......._ CI..L N N v.. !pH A CI.:1__ ...~+1... n' :p:~ ...;: . ..... :1 12& p.& , "I'-.v....u N I2B ~ " if... . - . ~ ., ~ ." if_~. ^ 12& 12& c..... . P& P.6 !=: ,~ , r1 l' ..... . . 1 N N VA In__ .,... . ~ G ~_n. .' . Cl1.. ~ p6 ~6 I "'.. , ~ - I ~~ --,:;:::; ~ ~ .., r"' 1"'1"'. m 126 p'6 0. C'I+~__ pe lRe .... 1126 ~ TT - . . . p'6 .L October 9, 2006 3 Ir<. .1- ~n+'~ pe lPe I'""' pe ~ .' pe r..' C'lL__ __-1 T " .. , TTn_ Ile tp J - p.H- tpJ h. r., ...., -/: ~ ~. ~ ~ Ir< . ' C'I .1 '.' ' .. .. ... ~ G.J{J " ,-. Ir< C'I+_ ~ !P+ IP+ , ~. tpe p,O -..~ TT . Cl+ pe ji& ~ -.- !PO T.'__-1C'1+ ~O TT T .+ ~ ~ ~ . ...r'. .-1 N N ~ .- G G ,. . pO pO ~ . - -' . N N ~ . ' T'+ r_ ~ , . T'-' . . N N '. ~~. - . . T .+ ~ ~ . ' G G- , ~ .. l- . H' ,., Cl .1, n ._+_1 ~ - pO ~ ~...~, , , .~ ~~ D ~_~~_ " pO in,. . ' ~ ..1 ~. ~ " pO IT-. ~+t. r....:___ 'T'1-. N ~ , .... ~ .. ~...~ in C1~+ r.. !pO lPo , ,.. Ir. . .1.. ,n ..1. . -1 r< r. ..' pO pO ~ ~~~~ ~ r'I ..1. pe pO "" _ -1 A tpe 12e T.' ' ., , .. - - , , ~ N --- ~. , , n T\_ ~ '... , .--, ,,- N . . . . "Jr. - '. C'I..1__ n. .1, N ..' v. ~~., , , ~ .J ~. , pO : T~...1 pO In~ . . rn. . ,n--,.' N N Cl. T-T. r<. .. ......", .."" ,""u" '_H ..n,.., '.. ' ..1.. ~iTT T '7 - .1. , ....... .' ~ ~v... , 'J 1.+ - . . , ." ..... 1 1 ~ . ~ ~ !pO !pO "'I-''' n.. .... l' !pO !PO ~ . '" '. pe pO n_.. . !p6;8 Ill~ ~, ~. ... r'l1..L pO pO !r, ,'TT. N N .~.u.. frT .1 N N _L~ ,n .1....., .1. l' 1 N N H . pO N .. .' 1""" .. - , . pe p.o .. ~ . ,1 __ r'lL:1-1- !pO N ,-~_. , v. ..~'" .. .J r'I, . ~ ~ October 9, 2006 4 RestrietioB Notes: 1. Mast be ail. integral part of a mixed ase de'/elopmeat comprising a maximlilll of 30 pereent of the gross floor area of the en&e deyelopmeat. 2. For those 'llith frontage on an arterial road, allowed as a permitted 1:I(,e if the grol:lBd le'/el floor frOBtiBg the arterial is devoted to offiee or retail uses. Otherwise, ase is a eOBditionalase. 3. Use shall be subject to the followiag distanee separatioB requiremems from similar uses, measW'ed in a straight line using the shortest distaBce benveen preperty lines: For uses '.'lith less thaB 5000 sflUare feet offleor area, 750 feet; For uses with a gross floor area equal to or greater than 5,000 gross sqaare feet, 1,500 f{let. 4. Sabjeet to setbaek aHd bl:1fferiag reql:1irements as reeommended by the Teelmieal Review Committee. 5. MalLilllilm gross sql:lare faotage of structure shall not eJ(ceed 2,500 square feet. Storage of postal vehieles prohibited. 6. Must be integrated into a commercial ar mixed use development and Hot eJ(eeed 30 percent of the gross floor area of the entire development, eonstructcd .....itmH the same structure as the remainiBg commercial or mixed use development. 7. Gross floor area of grocery store ffiI:lst be a minilllilfH of 15,000 square feet and a maJdlllilm of 30,000 sql:1are feet. 8. OR site drep off aad pick up oRly. October 9, 2006 5 9. Driye th..u facility, ineludiRg stackiBg laBes, Ilftlst be screeBed [rem pablic right ef way and reqaires conditioBal use aflpreyal. Iagress/egress shall Bot be fremlto aB arterial roadvlaY. 10. Shall comply with provisioBs of Chaflter 2, Sec. II.L., pertainiag to retail sale of gasoline or gasoline products. 11. Nat permitted OB property ,vith Federal Highway Frontage in the MU L ZOBe unless caooisteBt with restrictian nate lHll'l.'lber six (e). 12. Indoor storage/display shall Bat eJLceed 10,000 sql:lare f-eet. 13. In conjunction witll a permitted maMa use. Storage/display allowed only li ',vet docks or lido or not te.eJweed 10,000 sqHare feet. 14. See Sectian 14 f-or regulations. 15. See Section 15 for regHlatiaRS. ZONE USE GROUP/uSE MU-Ll MU-L2 MU-L3 MU-H Residential or Lodginf! Use Group Bed and Breakfast C C N N Boutique Hotel N N C C6 Hotel ~ ~ ~ ~ Home Occupation p p p p Mobile Home N N N N Motel ~ ~ ~ ~ Residential. Single-Family, Detached N N N N Residential. Single-Family, Attached p p p P Residential. Multi-Family p p P P2/C2 Board and Rooming House (except as provided by state law) ~ ~ ~ ~ Accessory Unit N N N N Live/work Unit pl4 pl4 pl4 p14 Community Facilities Use Groul) College. University. Seminary and accessory uses p p p N Government Office/Civic CenterlLibrary p p p p Recreation. (outdoor) p p p N Museum and accessory uses p p p p House of Worship p3 p3 p3 pl,3 October 9,2006 6 ZONE USE GROUP/uSE MU-Ll MU-L2 MU-L3 MU-H Police or Fire-Rescue Station P P P P Postal Center (retail sales only) p6 p6 p6 p5.6 Post Office N N C C Public Park P P P P Publicly-owned Parking Lot or Garage ({lrincipal use) P P p2 p2 Office Use Group * *Not encouraged as a frrst-floor use in the MU-H Zone Banks. Financial Institutions p9 p9 p6.9 p6.9 Medical or Dental Office or Clinic P P P p6 Physical Therapy Clinic p P P p6 Professional Business Office P P P P Veterinary Office or Clinic P P P p6 Sales and General Commercial Use Group * * Where permitted within the MU-L Zone, only on lots fronting on maior arterial or connector roadways Alcoholic Beverage Package Store p6 p6 p6 p6 Ammunition or Firearm Sale or Rental (principal use) N N N N Animal Boarding or Kennel (principal/accessory use) C4 C4 N N Animal Grooming P P P p6 Pet Sales p p p6 p6 Antique Store/Fine Arts Antique Auction p p p6 p6 Arts. Crafts. Hobby and Framing p p p6 p6 Auction House N N N N Automotive Fuel Sales with/without Vehicle Service N N C6.1O C6.1O Automotive Parts Sales p6.1 pI.6 pl.6 pI.6 Automotive Repairs(Minor) N C1.16 CI,16 N Automotive Sales with Display N N pl2 pl2 Bakery, Retail/Sl)ecialty Foods/ p p p6 p6 Boat/Marine Accessories/RentallBrokerage p12.I3 pI2,13 p6.12.I3 p6,12.I3 Bookstore p p p6 p6 October 9,2006 7 ZONE USE GROUP/uSE MU-Ll MU-L2 MU-L3 MU-H Building Supplies or Materials N N N N Bus Terminal N N N C Clothing. Shoes or Accessories Boutique p6 p6 p6 p6 Contractor's Office/Equipment Storage N N N N Coffee Shop P P p6 p6 Convenience Store p6 p6 p6 p6 Custom Home Furnishings p p p p Cyber-cafe p p p6 p6 Dive Shop and Instruction as Accessory Use p p p p Drug Store or PharmaCY p6.9.ll p6,9,11 p6.9.11 p3,6 Grocery Store. Supermarket C7 p7 p6.7 p6.7 Florist ~ ~ p6 p6 Hardware Store p6.12 p6,12 p6,I2 p6.12 Health Food Store p6 p6 p6 p6 Home Improvement Centers N N N N Jewelry, Luggage and Leather Goods p p p6 p6 Lumber Yard N N N N Marina pl2 pl2 p6.12 p6.12 Marine Customizing, Detailing, Service, Parts or Repair N C6.16 C6.16 N Newsstand p p6 p6 p6 Outdoor Green Market (City sponsored) N N N P Outdoor Storage or Display as a principal use N N N N Parking Lots for Commercial Vehicles N N N N Parking Lot or Garage, Private Ownership (principal use) N N N N Personal Watercraft Sales. Rental. Service. Parts or Repair pl2 pl2 pl2 p6 Photographic Studio and Photographic Supplies p p p6 p6 Restaurant. with Drive- Thru p6,9 p6.9 p6.9 N Restaurant. Sit-Down p p P p6 October 9, 2006 8 ZONE USE GROUP/USE MU-Ll MU-L2 MU-L3 MU-H Sporting Goods p6 p6 p6 p6 Tobacco and Accessories p P p6 p6 Trailer - Vehicle or Marine- Sales. Rentals, Service. Repairs ~ ~ ~ ~ and Storage Video Rental p p p6 p6 Wholesale/W arehouselDistribution N N N N Service Use Group* * Where permitted within the MU-L Zones. only on lots fronting on maior arterial roadways BarbershoplBeauty Salon/Day Spa p p p6 p6 Dance Studio p p p p6 Dressmaker or Tailor p p p p6 Dry Cleaner p 6,8 p6.8 pM ~ Fitness/Health Club p p p6 p6 Funeral Home C C C N Hospital N N N N Labor Pool Establishment N N N N Laundromat p6 p6 p6 N Medical Outpatient Facility p6 p6 p6 p6 Nursery. Preschool or Child Daycare p p p6 p6 Nursing and Convalescent Home C C C N Photocopy Center p p p6 p6 Self-Storage or Mini Warehouse C6.15 C6.15 C6.15 N Shoe Repair p6 p6 p6 p6 Tattoo ParlorlBody Piercing N N N N Soup Kitchen/Substance Abuse Centers/Shelters/ Halfway ~ ~ ~ ~ Houses Entertainment Use Groul) * *Where permitted within the MU-L Zones. only on lots fronting on maior arterial or connector roadways Adult Entertainment N N N N October 9,2006 9 ZONE USE GROUP/uSE MU-Ll MU-L2 MU-L3 MU-H Bar. Cocktail Lounge C C C6 p6 Billiard Club/Bowling Alley/Indoor Recreation Facility C6 C6 C6 C6 Bingo Hall N N N N Fortune Teller N N N N Movie Theater N N p6 p6 Night Club N C6 C6 C6 Performing Arts Theater p p p p Private Clubs. Lodges and Fraternal Organizations C6 C6 C6 N Accessory Use Drive- Thru Facility (other than accessory use to financial C9 C9 C9 ~ institutions and restaurants) Restriction Notes: 1. Must be part of a mixed-use development comprising a maximum 30 percent of the gross floor area of the entire development. 2. For those with frontage on an urban arterial or urban collector roadway, allowed as a permitted use if the ground level floor fronting the roadway is devoted to office or retail uses: otherwise. use is a conditional use. 3. Use shall besubiect to the following distance separation requirements from similar uses. measured in a straight line using the shortest distance between property lines: -For uses with less than 5.000 square feet of floor area. separation distance is 750 feet: -For uses with a gross floor area equal to or greater than 5,000 square feet. separation distance is 1.500 feet. 4. Subiect to setback and buffering requirements as recommended by the Technical Advisory Review Team. 5. Maximum grOSS square footage shall not exceed 2,500 square feet. Storage of postal vehicles prohibited. 6. Must be integrated into a mixed use building or development. 7. Gross floor area of grocery store must be a minimum of 15.000 square feet and a maximum of 80.000 square feet. 8. On-site drop-off and pick-up only. 9. Drive-thru facility. including stacking lanes. must not be visible from public rights-of-way and requires conditional use approval. Ingress/egress shall not be from/to and arterial roadway. 10. See Section 16 for regulations. 11. Not permitted on property with Federal Highwav frontage in the MU-L Districts unless consistent with restriction note six (6). October 9,2006 10 12. Indoor storage/display only and shall not exceed 10.000 square feet. 13. In conjunction with a permitted marina use. Storage/display allowed only in wet docks or indoor area not to exceed 10.000 square feet. 14. See Section 15 for regulations. 15. See Section 14 for regulations. 16. See Section 17 for regulations. 17. See Section 18 for regulations 5. Building and site regulations. October 9, 2006 11 ~..11 Other Uses 1100 ft. 1100 ft. .j...Min:irnum height on any street frontage is 35 feet. i!-Includes all habitable space, includlig resideRtialllRits (eJle1uding parking strnchH:es). ""MaxiFffilffi height af front facade is 15 ft. above wmch bliildiRg must step back a miniml:lffi. 10ft. for each additional 50 ft. of height. ~1:ay mCfease ta above 75 ft. and lip to 100 ft., subject to conditional use llflprO'/al to eOOlire design and land use eompatihilities. Multiple story buildings are encouraged within the Federal High'.vay Corridor District, particularly aloHg arterial roadways. The iNtent of this provision is to create the appearance, or to simulate the intensity of, a minimum of a two (2) story building. o October 9, 2006 12 Mliltiple story buildings are encol:H"aged within the Federal Highv:ay Co~dor Distri~t, par?eularly a~o~ arterial roadways. The litem aftms provision is to create the appearance, or to sImulate the mtenslty of, a lllHHffilim ofa two stery buildlig. . I. Porches may be place forward of the bliild te liRe and shall maintain a minimum. twe foot setbac~ from any p~lic sidewalk. Porches shall be placed olltside of dear sight triangle. Mliimwn setback for a garage facmg or aceessmg the street is 20 feet. 2. Projecting f-eatl:ire(s), slich as awnings, balconies, perches and/or.sto?pS, may be placed f-orward of the "mild to line aDd shall maintain a miBimum two f-oot setback from any pubhc SIdewalk. 3. ORe or more projecting feature(s), slieh as av.'l1ings, balconies, eoloooades, porches llfld/e~ steops, reQUired f-orward of the build to line and shall maintain a minimHm fi'/e feot elea-raDee frem aB-Y 'lemeHIlH" lise area. ~lements projeeting o'/er a pedestriaa walkway shall allow a mininmm nine foot '/eTrieal clearllflce and a fhe foot honzontal pedestrian clearance. 4. '^'here litem is to '."ides pedestrian ,.yalkway in compliance '.vith SEction 9.(d) Lanscafllng (below). " I. Plus one additional foot for ea6h foot of height oyer 15 feet '.vhere adjacent te an eJListing, siBgle family, detached d'.velling, less '::idth of the right of way. October 9, 2006 13 I. SHbjeet to requirements of aRY permittiRg agency having jarisdiction o'/er eOll5truction abutting the IatTaeostal 'Naterway. 2. Plus one additional f-oot for eaeh f-oot efheigbt oyer 45 feet where witllin or abutting the MU L Zone. 3. Fifteen (15) feet ab1:ltting a street, teB (10) feet almtting an alley. October 9, 2006 14 '" .... = Cll E Cll ... ~ Cll l::z::: Cll Y ... C<l Q., E = 5 = ~ ~ Z o N = ;;;J ~ 8 = .5 .~ bl o ro 1::- ~ z o N f'l ....:l , ;;;J ~ 8 = 8 :~ bl o C<l 1::- ~ Z o N M ....:l I ;;;J ~ 8 ::l 8 ~ '2 u 's ~ r- go ~ Z o N - ....:l ~ ~ 8 = 8 ~ '2 u 's ~ o"'l 1::0 C<l Cll ... < .... o ....:l V> e ~ = ~ 0 E ~ .... .- i:l.. 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Q i:: Q ;:: r.. g ~ ~ ~ .~ .~ ~ -( ~ .... ....Q) ~ I-a; ~ Q.) ~.:: ~ ~ ~ ~ .~ - 9 i:: i:::::> W Q_ V5 C/5~~~"f - en - <<i ;:J '0 .- ttt Q) .~.............:: a.. "'S en ~ ~ Q) = U Q);:J ~o.e.Q= :s!1u :s!alo'-.g ~hS ~l::::::'EQ 'O~O'E~..s<eIl: ~ .s .5 ;: .s .5 .s ~.$ ~ CIltt r..tt:g i::t;:J 'OE.E~E.E..oE.E:::: cn<<Cl::<<<r..eIl< '" '" - = CIl 8 CIl r.. .~ CIl Cl:: .:.:: e,; ell .Q - CIl 00 8 = 8 'c ~ ~ Z o N ~ ...;l ~ ~ D ./ ~I~ ~ Z o N N ...;l I ~ ~ ~ Z o N - ...;l I ~ ~ 't cd o ~~I V) 0 N ..- .... q:: o .:-: '1 fa ., q::q::q:: V) V) 0 N N..- .... q:: V) - s o hr. q:: o ..- o ..... o cd o ..- -d Q) "0 ';> o .... ..... I: Q) (j o:l :.0 o:l '+-< o ~ ..... I: Q) ..... o o ..... o \0 o o N 0'," .... Q) ..0 o ..... (j o ... . q:: o ..- o ..... o +oJ ..... Q) Q)~ ~o V)..q- '2~ ~~ o~ ~'o 'Qi .e '+-< o ..... o ..s .e al Q) .... ..s ..... o ..s <<i I: .9 ..... :.a "0 o:l Q) I: o en = 0::: I- \0 ..- 6. Rezoning of single-family residential zoning districts to mixed use zoning districts. All requests for rezoning from any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: a. Height, density and intensity of development based on the roadway frontage; b. Ratio oflot frontage to depth that is no more than one (I) foot (frontage) to 1.25 foot (depth); c. Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and d. Landscape barriers provided, in accordance with the landscape regulations of this code, where the rezoned property abuts single-family residential zoning. 7. Mixed uses. a. Buildings containing residential and nonresidential uses are required within the MU-H Zoning District for all properties fronting on arterial roadways, permitted and encouraged within the MU-L Zoning Districts. Mixed use structures are subject to the same development standards as "all other uses." b. Residential uses within mixed-use structures shall not be located on the ground floor, which shall be reseryed for nonresidential uses. c. Nonresidential uses within mixed residential/nonresidential structures shall be eyaluated for their compatibility with residential uses located on upper floors, and shall demonstrate compatibility based upon use type, construction materials, floor plan and site layout, and other factors as determined appropriate given the type of use. 8. Building placement, massing and orientation. Structures fronting on arterial roadways within the MU-H and MU-L Zones shall occupy the entire width of the parcel they are located upon, notwithstanding comer side setbacks and clearance needed for a drive that may be required to access the rear of the property. 9. Access. Within the MU-H and Mal!-L zones, vehicular access to parking shall not be directly from an arterial roadway, ifan alternative is available. 10. Landscaping and Desh!D. a. Landscapinl! in the MU-H District. (I) Trees. All new construction in the MU-H District shall provide shade trees in the streetscape. (a) The trees selected shall be consistent with the established theme of the street, where appropriate. The City Forester will provide consultation on appropriate species. (b) Trunks shall be a minimum four (4)-inch caliper and provide seven (7) feet of vertical clearance for visibility. (c) In instances where canopies of overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utilized. (d) Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within thirty (30) days. (2) Tree spacing. (a) Trees shall be regularly spaced. The spacing of the trees shall be at a minimum of20 - 25 feet on center. October 9, 2006 17 (b) Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at comers or by comer conditions. (c) Tree placement shall match the existing pattern, where appropriate. (d) Tree guards, fabricated to city specifications, shall be placed adjacent to the curb, where feasible. (3) Tree irrigation. (a) Irritation systems shaIl be installed to service all trees and other landscape materials. (b) Irrigation systems shall be in operable condition at all times. (4) Sidewalks and lighting. (a) AIl new construction in the MU-H District shaIl proyide new sidewalks. (b) Sidewalks constructed along arterial roadways shall be a minimum often (10) feet wide, measured from the rear of the curb. (c) Sidewalks and lighting shall, where practical, be Holland Stene pavers, rcd/charceal oeter mix 2 BY PfF>'Cr Systems, 1m)., or equal, laid in a 4 S herringbone pattern to continue the consistent with the current design elements in place along Federal Highway. (5) Flower containers. To add color and soften sidewalk paving with plants, flower containers containing blooming annuals or perennials shaIl, where practical, be planted and maintained along facades of new building fronting on arterial roadways in the MU-H District. b. Desil!D compatibilitv. Proposed proiects should compliment existing or approved adiacent mixed use proiects in terms of height. color. style massing and materials. c. Maximum heil!ht and setbacks. (1) No building shaIl exceed the maximum height limits or the Sky Exposure Plane except as delineated below in Section (3). (2) All buildings shall be built within the Sky Exposure Plane based on the ratio and street classification as follows: ZoniD!! District A veral!e heil!ht of Arterial or Collector Other Streets or side fronta!!e wall Street Vertical Horizontal Vertical Horizontal Distance Distance Distance Distance MU-H 35' 6 to I 6 to 1 MU-L3 35' 6 to I 6 to I MUL-2 35' 6 to I 6 to 1 MU-Ll 35' 6 to I 6 to I October 9, 2006 18 Exhibit 1: Sky Exposure Plane Adjacent to street Rear and side 4-t'E>rL 'We,. C', Q-SL ".~ a a - Horizontal Distance b. h. - Base height at street level v - Vertical distance s - Setback (3) The following shall be deemed as allowable exceptions to the maximum height limits and Sky Exposure Plane requirements: (a) Balconies, unenclosed (b) Elevator or stair bulkheads, screened HV AC equipment: (c) Ornamental towers having no floor area in any portion above the maximum height limit or Sky Exposure Plane: (d) Parapet wall, not more than four feet high. II. Parking requirements. Parking requirements for both the MU-H and MU-L zoning districts shall be as set forth by Chapter 2, Section 11 H, of the Land Development Code. Chapter 2, Section II I, shall apply only to the MU-H zoning district. Structured parking is preferred for all mixed use developments. and surface parking lots for more than 10 vehicles shall be prohibited in MU-L3 and MU-H zoning districts. In all Mixed Use zoning districts no surface parking lots shall be located adiacent to a public right-of-way. a. On-site parking facilities shall be located to the rear or side of the structure they are intended to serye and screened from view from public streets, notwithstanding other provisions of these regulations that require a specific residential automobile garage setback, and subsections 8.d. and 8.e. below, permitting understory parking and regulating parking garages. The intent of this provision is that parking facilities not be prominent, as viewed from the street(s) that serve(s) as the main orientation for the principal building(s), in order to emphasize buildings and pedestrian features and de-emphasize parking facilities. In order to best achieve this objective, rear parking is preferable to side yard parking. Access to parking shall be from side streets not serying as the principal structure's main frontage, when possible, in order to minimize vehicle/pedestrian conflicts along sidewalks resulting from driveway crossings. b. Mixed-use developments may utilize the following parking requirements based upon shared parking with different hours of use. The total requirement for off-street parking spaces shall be the highest of the requirement of the various uses computed for the following five (5) separate time periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods, the percent of parking required shall be calculated and signed by a licensed traffic engineer using "Shared Parking. Second Edition", U.LJ.. 2005. or other acceptable methodology. October 9, 2006 19 W-ee!€cnd (S01H'ee: Urbaa Land Institlite: Shared PtiIF.'d1'lg. 1983) c. Freestanding parking garages as part of a mixed use development are permitted within the MU-H Zone only. Within the MU-H Zone, free-standing single-use parking garages call not exceed seventy-five (75) feet in height, and shall not have direct frontage on Boynton Beach Boulevard, Oceaa A'/enue or Federal Highway, any public street unless the portion of the garage abutting these streets contains storefronts, restaurants or other permitted nonresidential uses on the first floor. The intent is to border or wrap the garage in storefronts and other permitted habitable floor area to a minimum depth of twenty (20) feet, so as to disguise the garage and create continuity in street-level actiyity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that include parking garages shall be designed to blend the architecture of the garage with the remainder of the structure to create the illusion that the garage is habitable floor space. d. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors, are permitted within the MU-H and MU-L Zones. Understory parking (on the frrst floor ofa structure) is permitted throughout the MU-H and MU-L Zones for multiple-floor buildings. Such first floor parking areas, abutting on arterial roadways any public roadway, are required to be developed for commercial uses to a minimum depth of twenty (20) feet. All other visible sides of the parking structure shall be screened from view by a living trellis (utilizing climbing vines) and/or architecturally articulated facade designed to screen the parking area. e. In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. Parking facilities shall, wherever feasible, be designed for future connection to an adjoining parcel where an existing connection cannot be established. ll12. Dumpster location. Dumpsters shall be adequately screened from view in a manner compatible with the surrounding environment. ~13. Circulation. Development sites with frontage on Federal Highway, Ocean Avenue and Boynton Beach Boulevard shall be designed to discourage mid-block street crossings on these streets. 13. Signage. Chapter 21, Signs, of the Land Development Code shall govern signage within the Federal Highway Corridor District. .J-J14, Self-storage design requirements. a. Location of self-storage use. Self-storage uses shall only be allowed above the first floor in mixed-use structure. b. Ground-floor retail uses required. Street frontages of the ground floor area shall be devoted to one or more principal retail and office uses, not related to the self-storage use, to a depth of at least twenty (20) feet. c. Access to self-storage facilities. Access to self-storage use portion of the structure shall not be from/to an arterial roadway and must be screened from public right-of-way. October 9, 2006 20 d. Design of buildings. Buildings shall be designed to have the appearance of a multi-story retail, office and/or residential structure through the use of windows, shutters, and appropriate building elements on the upper floors. 1415. Live/work unit requirements. a. Minimum floor area. The minimum floor area of a live/work unit shall be one thousand (1,000) square feet. b. Permitted floor area. No more than thirty pereent (30%) or four hundred (400) seven hundred and fifty (750)square feet, whichever is greater, of the live/work unit shall be reserved for living space, including kitchen, bathroom, sleeping and storage areas. The rest of the gross floor area of each unit shall be reseryed and regularly used for working space. c. Separation required. Each live/work unit shall be a separate unit from other uses in the building. Access to each live/work unit shall be provided from common access areas, common halls or corridors, or directly from the exterior of the building. d. Parking. Each live/work unit shall be provided at least two and one-half (2Y2) parking spaces. e. Permitted work activity. The work activity in a building where live/work units are allowed shall be any use permitted by right in the zoning district, except that in order to protect the health and safety of persons who reside in a live/work unit, no work activity shall be permitted that by virtue of size, intensity, number of employees or the nature of the operation, has the potential to create significant impacts by reason of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes. f. Occupational license required. At least one resident of an individual live/work unit shall maintain a current occupational license for a business located in that unit. g. No separate sale or rental of portions of unit. No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person not working in the same unit. h. No conversion of units. No live/work unit shall singly be changed to exclusively commercial or exclusively residential use. No conversion of all live/work units in a single structure to exclusively residential use shall be, where the work portion of the units is the only commercial use in a project, nor shall conversion to exclusively commercial use be permitted where the live portion of the units is the only residential use in a project. 16. Automotive Service Station requirements. a. Location. Must be a part of a mixed-use development located at the intersections of roadways consisting of four lanes or more that are classified as an "arterial" or "collector" roadway on the City's adopted Roadway Classification Mal). b. Access. Only one access driveway is allowed from each maior street frontage. Driveways shall be located a minimum of 50 feet from the intersection unless county or state standards require a greater distance. c. Setbacks. Building setbacks shall meet those required by the zoning district. d. Canopy location. Canopy structure over the fuel pumps shall be located either to the side or rear of the sales office building. e. Storage. No outside storage of materials, parts. and no overnight storage of vehicles outside f. Accessory Uses. 1. Shall require a conditional use approval. October 9, 2006 21 2. May include vehicle washing (tunnel car was) and minor repairs limited to servicing and installation of tires. batteries and accessories. lubrication and oil changes. 3. Hours of operation shall be from 7 a.m. to 7 p.m.. Monday through Friday and from 7 a.m. to 12 noon on Saturday. No Sunday operation of accessory uses. g. Overhead doors. Overhead doors shall not be visible from any maior roadway frontage. 17. Automotive Repairs (Minor) requirements. a. Location. Shall be a part of a mixed-use development b. Access. Shall not be directly from any maior roadway c. Storage. No outside storage of materials. parts. and no overnight storage ofyehicles outside. d. Overhead doors. Overhead doors shall not be visible from any maior roadway frontage. 18. Street Vendors rel!ulations, a. Licensing. 1. All street vendors shall obtain a license from the City's Occupational Licensing Division and shall display same at all times when conducting business within the city. 2. Said license shall require approval of vending station design. 3. Licenses may be revoked following five (5) valid complaints against the business. b. Location. I. Street vendors operating on private property shall require approval from the property owner. 2. Street vendors operating within the public right-of-way shall not conduct business from a location within intersection crosswalks, block or obstruct access to handicap curb-cuts. or obstruct pedestrian passage on the sidewalks at any time. c. Waste removal. Each street vendor shall provide waste disposal containers. and shall remove all debris created by hislher business daily. M19. Definitions. The following are supplemental definitions applicable only to the mixed use zoning districts, and, therefore, in case of conflict, take precedence over defmitions in other portions of the code. Accessory apartment. A habitable living unit added to or created within a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation. Accessory apartments shall comprise no more than twenty-five percent (25%) of the total floor area ofa single-family dwelling, and shall in no case be more than seven hundred fifty (750) square feet. Antique shops or A uction house. Any premises used for the retail sale, trading or auction of articles of which eighty percent (80%) are over fifty (50) years old or have collectible value. Antique shop or Auction house does not include "secondhand store" or auction of used merchandise. Automotive Revairs (Minor). Providing replacement or repairs to automotive tires. batteries. accessories. Includes lubrication. oil changes, repairs to air conditioning. non-engine and exhaust related service and repairs, but not including engine overhaul and/or replacement of internal parts of engines. body and fender work, painting and customizing. October 9, 2006 22 Child care facility. An establishment that proyides care, protection and supervision for children on a regular basis away from their primary residence for less than twenty-four (24) hours per day. The term does not include facilities operated in conjunction with an employment use or other principal activity, where children are cared for while parents or custodians are occupied on the premises or in the immediate vicinity. Coffee house. An informal cafe or restaurant primarily offering coffee, tea, and other non-alcoholic beverages, and where light refreshments and limited menu meals may also be sold. Convenience store. A small store near a residential area that stocks food and general goods and is open all or most of the day and night. Custom furnishings. Home furniture and decorative objects built to a buyer's specifications. Cyber cafe. A coffee house that provides patrons with computer terminals for browsing the Internet for a fee. Day spa. Spa facilities that have no overnight accommodations, but offer (an array of spa treatments administered by licensed and certified spa technicians) beauty, wellness and relaxation programs that may last from a few minutes up to a full day. Fitness/health club. A commercial recreation and entertaimnent facility or private club which has as a principal use a gymnasium, swimming pool or other sports facility and which may offer massages, whirlpool baths, steam rooms, saunas or medical facilities as accessory uses to the principal use. Fortune-teller/psychic. Person who makes predictions about the future tlrrough methods including astrology, palm reading, psychic abilities, crystal balls, tarot cards, or examining tea leaves. Halfway house. A residential facility used to house individuals being transitioned from penal or other institutional custody back into the larger society. Hotel. A building or portion thereof containing twenty (20) fifty (50) or more guest rooms, efficiency units or suites designed for the temporary lodging of transient guests rented on a daily basis and occupied for less than thirty (30) days. Ancillary facilities may include conference facilities, restaurants, bars, recreation facilities, ballrooms, banquet rooms and meeting rooms. Access to the guest quarters shall be tlrrough an inside lobby and corridors or from an exterior court which is within a secured area. Hotel, boutique. A small luxury hotel containing ten (10) to twenty (20) fifty (50) guest rooms. Meal service is usually breakfast only, but in some instances high-quality dinner and/or lunch seryice and room service may also be provided. Hotel, extended stay. Any all-suite hotel that provides visitors with a full kitchen and more than five percent (5%) of its rooms are occupied for at least thirty (30) days and no more than one hundred and eighty (180) days. Landscaped area. Open space area not occupied by any structures or impervious surfaces, and landscaped with vegetative material and ground covers pursuant to the Boynton Beach Landscape Code. Listed Historic Structures. Includes all structures listed as eligible for designation in "The City of Bovnton Beach Historic Sites Survev" as prepared by Research Atlantica. Inc. September 1996, or any subsequent updates to that study. In the Mixed Use zoning districts. the structure may function as its intended use or be adapted to other allowed uses. provided the exterior of the structure maintains its original architectural integrity. notwithstanding any modifications necessary to meet the requirements of the Americans with Disabilities Act (ADA). Live/work unit. A commercial unit with incidental residential accommodations occupying one (I) or more sleeping rooms or floors in a building primarily designed and used for commercial occupancy and providing: I. Adequate working space reserved for commercial use and regularly used for such purpose by one (I) or more October 9, 2006 23 persons residing in the unit; and 2. Living space containing, but not limited to, a sleeping area, food preparation area with reasonable work space and a full bathroom. Medical outpatient facility. An establishment where patients who are not lodged overnight, but are admitted for examination and treatment by a group of physicians, dentists, or other health care professionals. Mixed use development. ^ combination of two (2) or more uses on a single parcel, tract or deyelopment pod. In the Mb(ed Use High Intensity Zoning District, this shall consist of a structHfe or series of structHres cORtaining retail office aad residential uses arnmged vertically. In the Mixed Use Lo,.... Intensity and 8ubHfban Mixed Use Zoning Districts, mixed use ean refer Rot only to uses within single bail dings, but to different uses mixed in elese proximity in a single deyelopment. The development ofa single building or single parcel to contain two or more of the following types of uses: residential. retail/commercial, office or institutional. Mixed uses may be combined vertically within the same building or placed side by side on the same parcel. provided that they are in close proximity, planned as a unified and complementary whole and functionally integrated to make the use of shared vehicular and pedestrian access and parking areas. Motel. A building or group of buildings designed to provide sleeping accommodations for transient or overnight guests. Each building shall contain a minimum often (10) residential units or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc. Newsstand A stall, booth or store where newspapers and magazines are sold. Nif!ht Club. A facility operated as a commercial establishment in which eating and/or drinking takes place. where alcoholic beverages are served and where the provision of entertainment is the primary activity. Entertainment includes music by a live musician or musicians. or any mechanical, electronic. or other means such as records, laserdiscs. audio. video, or other audio or audio-visual means. Including acting. play performances. dancing. song and dance acts participated in by one or more employees. guests. customers or other person or persons An establishment that provides background music. which is clearly incidental and allows for normal conversations levels. shall not be considered a night club. Package liquor store. An establishment where alcoholic beverages are dispensed or sold in sealed containers for consumption off the premises. Private Clubs. Lodf!es and Fraternal Organizations. A facility used to house a registered non-profit or not-for-profit social. sports or fraternal organization for the primary purpose of having private meetings for their membership, and may include the serying of meals and/or alcoholic beverages for the exclusive use of the members and their guests, and where access to the general public is restricted. Recreation and entertainment, indoor. An establishment offering recreatioR and entertainment to the general pHblic withiR an eaelosed building. An enclosed building which is principally used for games and other recreational purposed. and which is operated on a for profit basis. Such uses include movie theaters, bowling alleys, skating rinks, pool and billiard halls, game arcades (pinball, computer), fitness centers, dance studios, court sports and swimming pools. Recreation and entertainment. outdoor. An outdoor area which is principally used for active or passive recreation. C\!1d which is operated on a for profit basis. Such uses include tennis centers and swimming pools. Residential, multi-family. A building containing three (3) or more dwelling units that cannot be classified as single- family attached. Residential, single-family, attached. Two (2) or more one-family dwellings attached by common vertical firewalls, whereby each unit has its own front ~nd rear access to the outside, and no unit is located over another unit. Examples of single-family attached dwellings include duplexes and townhomes. October 9,2006 24 Shelter. A facility, which is not a hotel or motel, used primarily for providing free or very low-cost short-term lodging for individuals who would otherwise be homeless. Skv Exvosure Plane. A "skv exposure plane" is an imaginary inclined plane beginning at maximum frontage height and rising at a ratio of vertical distance to horizontal distance as set forth in the Mixed Use zoning regulations Soup kitchen. A facility providing free or very low-cost meals or distributing free or very low-cost, pre-packaged foodstuffs to the public as part of a charitable activity, program or organization. Substance abuse center. A facility used primarily for the treatment of individuals for alcohol or drug abuse. Theater. A building or outdoor structure expressly designed for the presentation of plays, operas, music concerts, motion pictures, etc. October 9, 2006 25 . VI. CONSENT AGENDA: A. APPROVAL OF THE MINUTES CRA BOARD MEETING - SEPTEMBER 12TH, 2006 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING HELD IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA ON TUESDAY, SEPTEMBER 12, 2006 AT 6:30 P.M. Present: Henderson Tillman, Chair (arrv'd. 7:25 p.m.) Stormet Norem, Vice Chair Rev. Lance Chaney Jeanne Heavilin Marie Horenburger Steve Myott Guarn Sims Lisa Bright, CRA Executive Director Ken Spillias, Board Attorney I. Call to Order In the absence of Chair Tillman, Vice Chair Norem presided and called the meeting to order at 6:34 p.m. II. Pledge to the Flag The members recited the Pledge of Allegiance to the Flag, followed by an Invocation led by Reverend Chaney. III. Roll Call The Recording Secretary called the roll and declared a quorum was present. IV. Agenda Approval Lisa Bright, CRA Director, announced requests had been received from legal counsel for The Promenade and 500 Ocean projects (Agenda Items IX-D & E respectively) to table the items until the October meeting. The board expressed frustration about the delay but after discussion, decided to listen to the status reports from staff. Ms. Bright also mentioned a request from the agent for the Peninsula project, Agenda Item VII- D, to postpone their site plan time extension item to October. Several notices mailed to property owners within 400 feet were returned due to insufficient postage for Canadian addresses. Motion Ms. Horenburger moved to approve the agenda as amended. Mr. Myott seconded the motion that passed 6-0. V. Public Comments Acting Chair Norem opened the floor for public comment on any item not on the agenda, and closed it when no one came forward. Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12,2006 VI. Consent Agenda A. Approval of the Minutes Savage Creatures Workshop - June 22, 2006 B. Approval of the Minutes MLK Corridor RFP Meeting - June 22, 2006 C. Approval of the Minutes CRA Board Meeting - August 8, 2006 D. Approval of the Minutes CRA Budget Meeting - August 24, 2006 E. Approval of the Monthly Financial Results - September 30, 2006 F. Approval of FY 06/07 Budget Amendment G. Approval of Events - 4th Quarter Schedule Ms. Heavilin pulled item VI-C. Mr. Myott pulled item VI-G. Motion Ms. Horenburger moved to approve the Consent Agenda as amended. Mr. Myott seconded the motion that passed 6-0. VII. Public Hearing Attorney Spillias explained the quasi-judicial hearing procedure and swore in all who planned to appear as witnesses during this meeting. Attorney Spillias then asked the Board members to disclose any ex-parte communications they might have had with anyone other than staff regarding any of the matters on the Public Hearing agenda. Ms. Horenburger had spoken with Herb Kahlert, a resident, and his son, Hans Kahlert, on the Boynton Bagels project, VII-A & B. Mr. Norem had spoken with Hans Kahlert on the same items. Old Business: None New Business: A. Annexation 1. Project: Agent: Boynton Bagels (ANEX 06-00,7) Bradley Miller, Miller Land Planning Consultants Peters 3377 N. Federal Highway LLC 3377 North Federal Highway (east side of Federal Highway, south of Turner Road) Request to annex subject property Owner: Location: Description: B. Land Use Plan Amendment/Rezoning 2. Project: Agent: Boynton Bagels (LUAR 06-020) Bradley Miller, Miller Land Planning Consultants Peters 3377 N. Federal Highway LLC Owner: 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 Location: 3377 North Federal Highway (east side of Federal Highway, south of Turner Road) Request to amend the Comprehensive Plan Future Land Use Map from Commercial High with underlying Medium Density Residential of S dulac (CHIS)' (Palm Beach County) to Local Retail Commercial (LRC); Description: and Request to rezone from General Commercial (CG) (Palm Beach County) to Community Commercial (C-3). Kathleen Zeitler, Planner, presented for staff, stating her intent to present the Annexation and Land Use Plan Amendment and Rezoning concurrently. The property is small with only 3,342 square feet. The site is a parking lot for a parcel formerly occupied by All Flags bike sales and repairs. The proposed use for this project is a Boynton Bagels takeout restaurant. The subject property would remain as a parking lot. A site plan application had been filed and was currently under review by staff. Ms. Zeitler displayed a depiction of the subject property, a parking lot. The remaining property for the proposed restaurant was already in the City. Staff reviewed the annexation and land use amendment and rezoning and found them to be consistent with the objectives of the City and with the current designations in the unincorporated area of the County. Staff found the project would not create additional impacts on infrastructure that could not be accommodated by the City, and the requested change would help further provide economic contribution as well as make a non-conforming situation less non-conforming. Staff recommended approval of the annexation, land use and rezoning of the parcel. Bradley Miller, Miller Land Planning Consultants, agent for the applicant, Doug Peters, declared the parcel where the building now existed was already in the City and the parking lot was not, so in order for the redevelopment to occur, the parcel had to be brought into the City. The land use being proposed was the LRC land use that was consistent with what the County land use of CH. The proposed zoning, C3, was consistent with the CG zoning presently in place under the County designation. Mr. Myott asked if the site plan that was in process included another parcel, and Mr, Miller responded it did. The parcel seemed very small to Mr. Myott and he asked if, when added to the other parcel, the site would meet the criteria for a lot area in a commercial C-3 zoned site. Mr. Miller noted a different agent was processing the site plan, but he thought there might be 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12,2006 some legal nonconformities involved with the building situation. Ms. Zeitler responded the required minimum square footage would be 15,000 square feet and she did not think the proposed site plan would meet it. If a variance were to be required, it would come before the board along with the site plan. Mr. Myott inquired whether there was other land to the south that could be attached to it to make it conforming, either in the City or the County. Ms. Zeitler explained the existing building was on Lot 9 and a portion of Lot 10 and was in the City already. Lot 8 (the parking lot) was the property to be annexed. It appeared to Ms. Horenburger that the property had been annexed into the City without the parking lot, and Ms. Zeitler agreed. Ms. Horenburger believed the annexation, site plan, land use amendment and rezoning should have come to the board at one time, they way they usually did. Ms. Zeitler responded this was because the site plan was under the control of a different agent and Mr. Miller's request was completed first. Ms. Zeitler displayed a copy of a site plan that was under review. It included the building and a proposed canopy extending from the front of the building where there would be outdoor seating on a limited basis. The seating was limited due to the small amount of parking. Ms. Horenburger inquired how far the canopy would be from the adjacent residential uses. Ms. Zeitler responded the site plan did not show the dimensions, but she estimated the canopy was approximately twenty feet from the residential. Mr. Norem agreed with Ms. Horenburger's desire to hear the projects in their entirety, but he felt there was no reason to deny annexation into the City in the absence of a site plan, since the site plan still had to be presented for approval. If they were annexed and failed on the site plan or a variance, it was still in the City as a source of tax revenues. Ms. Heavilin did not see any reason to hold off on the annexation of the subject property. Mr. Myott felt the annexation made the likelihood of a site plan working more likely since the lots would be joined to each other. It also cleaned up the County pockets, a Comprehensive Plan goal. Mr. Norem remarked this was what the City had wanted to happen in this area for years. Ms. Horenburger asked Mr. Spillias if the board would be granting anything by annexing the property in relation to the business that wanted to establish itself on this property. Mr. Spillias responded the board was being asked te do two things: 1) annexation, and 2) a land use and zoning change that would make it consistent with the City's zoning regulations. Beyond that, the present use could continue if they chose to continue. If they chose to come through with a new site plan, consideration would be given at that time. The board's annexation decision should be based only on annexation principles. The land use and zoning decision should be made only on zoning. The site plan was no consideration at all for the board's decision. Ms. Zeitler remarked the only thing that was triggering a new site plan in this case was a change of use. If it remained retail and a new business went in as a retail use, it would not have a change of use and would not require a site plan to be approved. Rev. Chaney confirmed with Attorney Spillias the action of the board would be to recommend annexation to the City Commission. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12,2006 Vice Chair Norem opened the floor for public comment, reminding the speakers of the three- minute limitation on speaking. Tamara Lane, 3216 Palm Drive, Boynton Beach, resident of the Tradewinds subdivision adjoining the subject property, spoke against the annexation. Her property was behind what was being called the "parking lot." She clarified that it had never been a parking lot until Hurricane Wilma. The property owner took that opportunity to take down a huge banyan tree on that property, wiping out a whole eco system and paving the area quickly. Since it was in the County, there had been no permits. She showed the board some pictures to illustrate her point and those pictures were made a part of the record. The parking lot pavement abuts her property and her neighbor's property. Their fence line was about three feet away from the paved area. There was no drainage. The parking lot was done in a shoddy manner. The annexation was up to the City, but they needed to have engineers take a close look at it. There was no easement. Right out front was where the children waited for the bus. It was a busy corner. After 9-11, no one came in that lot because the owner had it chained up and the fence was there. It had always been chain linked and closed. It had never been a parking lot. The City had been given false information and would be approving something on false information. She questioned the integrity of the developer because of this. In the aerial photographs Ms. Lane provided to the board, it could be seen that prior to Hurricane Wilma, there was no paved parking lot at this location. Mr. Norem responded Ms. Lane would have to inquire about the permit situation with the County Zoning Department, since it was currently in their jurisdiction. The board was considering the annexation of the land itself and a site plan would still have to come forward for approval. What was there now may not necessarily be allowed to remain. If they wanted that to be a parking lot in conjunction with what they had on the other property, they would have to meet all kinds of landscaping, setback, and other requirements. Patricia Kahlert, another Tradewinds resident, spoke in opposition to the annexation and proposed bagel restaurant. She provided the board with a box of donuts and a bag of bagels from the Dunkin Donuts shop across the street from the subject property. She felt having a bagel shop across the street from Dunkin Donuts would be redundant. Dunkin Donuts was open from 5:30 a.m. to 9:00 p.m. and they did not have enough business to stay open past 9:00 p.m. She felt a bagel restaurant would not thrive at the proposed location and would be quickly replaced with another business. She was also concerned about the devaluation of the residential properties abutting the subject property if this site had a takeout restaurant on it. Ms. Kahlert owned three 50-foot lots adjacent to the subject property. She referred to an appraiser from Callaway and Price who was appraising her property. He advised it would make a big difference if the adjacent property were "retail or takeout." Ms. Kahlert was a neighbor of Ms. Lane to the south and she echoed everything she had said. She referred to a small business on Federal Highway called Ralph and Rosie's that stayed open late. She knew the City had good intentions, but wondered how the City could have ever allowed a business like the bar/nightclub across the street from subject property to be placed in a mall, which she had watched die since that had taken place. Mr. Miller confirmed for Mr. Myott that the ownership was the same for both sites. Mr. Miller noted that by annexing the property, the City would have more control over what happened on 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 it and it would be subject to the City's Code of Ordinance requirements. The City had no control over it at present. Mr. Sims agreed it would be better to have this property under the control of the City. He appreciated and understood the remarks of the two residents who spoke. The parking lot situation did make him wonder and he thought that should be investigated. Ms. Heavilin also appreciated the feelings of the residents who spoke. She asked staff what would be allowed under C-3 that would not be allowed presently. Ms. Zeitler responded if it were to remain in the County, it could be residential or it could be high commercial, which would allow more intensive uses to locate there. The general commercial zoning on the property now was consistent with the City's local retail commercial zoning district. Conditional uses were also possibilities. Mr. Miller added that under the County zoning, a cocktail lounge would be a permitted use but it would not under the proposed zoning change. Ms. Zeitler noted it was the applicant's intention to bring the property up to Code as much as possible. There would be a six-foot buffer wall and landscaping on the east property line to buffer the adjacent residential and bring it up to as many of the Code provisions as possible. Mr. Norem asked how many stories would be entailed with the project and Ms. Zeitler responded the C-3 district allowed for heights of 45 feet. Mr. Miller declared the building would remain as a one-story building. Ms. Zeitler noted they were working with the agent who was bringing the site plan forward to make some architectural improvements to the building, including painting and sprucing up in general. Ms. Horenburger inquired whether another zoning category might actually fit the proposed use. Ms. Zeitler responded C-3 most closely fit the zoning the property now had in the County. C-2 was neighborhood commercial but that was not typically found on Federal Highway, and C-3, community commercial, was more common. It could not go in C-1 since that was an office district, Ms. Horenburger asked If restaurants and outdoor dining would be allowed in C-3 or if they were conditional uses. Ms. Zeitler was not certain. Ms. Horenburger felt there were some unanswered questions and she wanted to see it come back to the board when the questions were answered. Mr. Miller stated that in the C-2 zoning district, restaurants were permitted uses and the minimum square footage was SK square feet. Ms. Horenburger inquired whether a restaurant would be a conditional use in C-3. Mr. Miller stated the Code talked about sidewalk cafes within the CRA area as an accessory use. Ms. Zeitler said a restaurant would be a conditional use in a C-3 district. Mr. Myott remarked C-2 was frequently adjacent to residential uses. Ms. Horenburger asked why it would be problematic for the applicant to go to C-2. The proposed use might be more suited to C-2. Ms. Zeitler responded the adjacent parcel was already zoned C-3, so it made sense to have the same zoning; otherwise, they would have to bring in the other parcel and rezone it as well. If it were to function as one site, it had to be zoned the same. Ms. Horenburger did not understand why the board was not being asked to rezone this to C-2, since it did not fit in the C-3 zoning category. It would require a variance. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 Mike Rumpf, Planning & Zoning Director, stated although there had been quite a lot of transition along this portion of the corridor to residential, the predominant land use had been retail/commercial, and C-3 specifically. Even though it did not seem to fit that parcel, there were a lot of parcels in the area that were smaller and perhaps non-conforming. As far as use and the predominant zoning district in the area, it was more C-3. It was correct that it was seen more often in neighborhood areas, and not on the major corridors. There was not a perfect fit. Motion Mr. Myott moved to approve the request to annex the subject property. Ms. Heavilin seconded the motion that passed S-1, Ms. Horenburger dissenting. Motion Mr. Myott moved to approve the request to rezone the subject property from General Commercial (CG) (Palm Beach County) to Community Commercial (C-3) in the City of Boynton Beach. Mr. Sims seconded the motion. Mr. Spillias noted it would also include the Land Use Map. Mr. Myott changed his motion to approve the request to amend the Comprehensive Plan Future Land Use Map from Commercial High with underlying Medium Density Residential of 5 du/ac (CHIS) {Palm Beach County to Local Retail Commercial (LRC) and to approve the request to rezone the subject property from General Commercial (CG) (Palm Beach County) to Community Commercial (C-3) in the City of Boynton Beach. Mr. Sims agreed to the addition to the motion. Pat Kahlert asked to speak again. Mr. Norem advised her the public hearing portion of this item had been closed. When asked again to allow comment, Mr. Norem deferred to the Board Attorney. Mr. Spillias indicated it was up to the board whether they wished to reopen the public hearing. At the beginning of the discussion, he believed it was mentioned the item was being handled jointly. With a request from Ms. Heavilin not to allow comments that had already been covered, and with the board's consensus, Mr. Norem reopened the public comment portion of this item. Craig Ritchie, 3910 Palm Drive, Boynton Beach, resided right behind the proposed project and was concerned about the noise from food prepping in the early morning hours, emptying of the dumpster, and the possibility of rats near the residences from the dumpster. The proposed project would only be about ten feet from the property line of the residences. Hans Kahlert, 3210 Palm Drive, Boynton Beach, was concerned about lighting levels and hours of operation. Although he did not want to undermine his neighbors, the redevelopment of the area was important and there could be far worse uses for the property such as a bar. If it were approved, he hoped the board would require limited hours of operation from 7:00 a,m. through 3:00 p.m. A six-foot wall might not be high enough to buffer the residences from the site lighting. Also, there was not much room for landscaping. The awning extending from the southern portion of the building would be extremely close to their property line. He owned a restaurant at one time and hoped the board would be sensitive to such matters when considering the project. He also hoped they would consider some architectural upgrades to the building. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 Ms. Horenburger suggested Mr. Kahlert meet with the agent for the site plan. Mr. Norem closed the floor to further public comment. The motion passed 6-0. C. New Site Plan 1. Project: Agent: Owner: Location: Baywalk (NWSP 06-017) Carlos Ballbe, P .A. Southern Homes of Palm Beach V, LLC West side of Federal Highway, north of Miller Road Request for new site plan approval for 40 townhouse units on a 2.26- acre parcel in an IPUD zoning district. Description: Kathleen Zeitler, Planner, presented the staff report. This project had previously received approval for a land use amendment from LRC to SHDR in 2004. It was also rezoned at that time from C-3 to Infill PUD. Site Plan approval was received in 2004 for the Oceanside project. However, that site plan expired and the applicant was presenting a new site plan for a slightly different project. It had previously been approved for 45 townhomes and it now proposed 40 town homes for a lesser density of 17.7 du{acre. Currently, the property had a modular sales office and a billboard on it. That would all be removed. The site plan showed one entrance from Federal Highway with some drives off to the side, and a road going through the center with a roundabout at the end. The proposed project would have condominium style ownership. The roads would be private. The landscape areas, roads, parking spaces and driveways would all be common area except for the units themselves, which would be owned individually. Twenty-four of the forty units would have one-car garages and the remaining units would have spaces located throughout the development in front of the units. Also included was a recreation area with a community pool and pool house, with its own parking. Perimeter landscape buffers ten feet in width were proposed along the north, south, and west property lines. There would be a six-foot masonry wall along the north, west, and south property lines. There would be a metal fence with individual gates leading out from the Federal Highway frontage. Chair 77//man arrived at 7:25 p.m. The smallest unit, Unit A, would have 1,189 square feet under air. The largest unit was Model 0 with 1,688 square feet under air. All the buildings would be two stories and range in height from 24 feet to 28 feet, four inches. The open space requirement was 200 sq. ft. per unit and that was met and exceeded with the open space area provided. 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 The project had neo-Mediterranean design with Spanish tile roof and neutral color palette. There would be an arched entry feature. It was similar to the Coastal Bay development. Staff reviewed the project and it met concurrency for traffic and schools. The Fire and Police Departments reviewed it and felt current staffing levels would be sufficient to meet the expected demand for services. It met Code as far as access, circulation, streets, parking, landscaping, buildings, height, and setbacks. The architecture was what staff liked to see. Staff recommended approval with 61 conditions. Most of them pertained to permitting requirements that were Code requirements. Mr. Norem asked Ms. Zeitler if the 61 requirements were mostly "boilerplate," things that would automatically be in there. Ms. Zeitler stated there were some specific conditions such as the removal of the billboard, doing a unity of title, and some related to minor revisions that had to be made for the final construction drawings. Carlos Ballbe', P.A., agent for Southern Homes of Palm Beach IV, LLC, appeared. He offered to answer questions and stated he was excited about the project. They had scaled down the project to more accurately reflect current market conditions. The original proj~ct had three stories and no garages. This project had two stories and about half had garages. They reduced the density also. Mr. Norem opened the floor for public comment and closed it when no one came forward to speak. Ms. Heavilin asked if there were renderings of the elevations as seen on encountering the project going north or south on Federal Highway. Ms. Heavilin noted the elevations were very plain, so it could not be determined whether there was any landscaping or not. She liked Southern Homes' other projects and wanted reassurance the buildings would not appear so plain. Mr. Myott responded condition #55 called for additional architectural treatments/requirements. Mr. Myott asked Ms. Brooks if she approved this and she did. Mr. Myott thought they might want to give consideration in the future to limiting the number of units in a continuous line. Such projects appear monolithic and he believed the 12-unit building was pushing it. It was very long, without any breaks in building style or landscaping. Mr. Sims asked the applicant about the bedroom dimensions. He noted in the backup it said there were two and three bedrooms and Ms. Zeitler had stated they were all three-bedroom, two-bath. Ms. Zeitler agreed she could have spoken in error. Mr. Ballbe' confirmed there was a mixture of 2 and 3 bedroom units in the project. Mr. Ballbe' stated in Unit A, the master bedroom was 14 feet wide by 15 feet. The second bedroom in that unit was 14 feet by 12 feet. That was the smallest unit. The same dimensions were true for Unit B. In Unit C, the bedroom was 18 feet wide by 15 feet. The smaller bedrooms were 11 feet by 12 feet. Rev. Chaney asked Mr. Baflbe' for the selling price of the units. Mr. Ballbe' referred to a colleague to answer this question. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 Tom Pagnotta, Director of Operations for Southern Homes of Palm Beach V, LLC, indicated they hoped to bring the A model units to the market in the high $200s, and $350K for the rest, subject to final site plan and architectural approvals. Motion Ms. Heavilin moved to approve the request for new site plan approval for Baywalk's 40 town house units on a 2.26-acre parcel in an IPUD zoning district. Ms. Horenburger seconded the motion. Mr. Myott asked to add, "subject to all conditions of approval" and Ms. Heavilin and Ms. Horenburger agreed to the addition. The motion passed 7-0. D. Site Plan lime Extension 1. Project: Agent: Owner: Location: Peninsula (SPTE 06-07) Tom Ylanilos Waterbrook Development, LLC 2649 North Federal Highway Request for a six month Site Plan lime Extension for site plan approval granted on July 5, 2005, to extend site plan approval from July 5, 2006 to January 5, 2007. The board agreed to postpone this item to its October meeting at the agent's request. VIII. Pulled Consent Agenda Items .:. Consent Agenda Item VI-C. Aporoval of the Minutes CRA Board Meeting - August 8. 2006 Ms. Heavilin wished to make a correction on page 17, fourth paragraph down, where it said Ms. Heavilin would continue to meet with the City Commission for information purposes. It should have read that Ms. Bright would continue to meet with the City Commission for informational purposes. Attorney Spillias noted on page 10 of the same minutes, last paragraph, end of second line, it read "while contracts were ongoing" and it should read "while contract negotiations were ongoing. " Ms. Horenburger referred to page 8 in the paragraph beginning, "The CRA was interested in learning whether a market analysis..." and stated she had expressed interest. In another instance on page 9, it said the CRA expressed concern about school funding, and she had been the one to express it. She was interested in the lack of attribution and the generalizing of these statements and asked Attorney Spillias his opinion of what should be done. Mr. Spillias responded that in some cases, the Recording Secretary might not have caught who asked the question and it could also be that after an item was discussed, there appeared to be consensus among the board. Mr. Spillias indicated the minutes should reflect as accurately as possible 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 precisely what was said and who said it but sometimes, the written minutes could not be as exact as the tape. Mr. Norem asked Ms. Horenburger if she wanted to make any speCific changes, but she did not. On a related matter, Ms. Heavilin noted she had received her copy of the June minutes at the September meeting and she hoped that was an isolated instance. Motion Ms. Heavilin moved to approve the August 8, 2006 minutes as amended. Ms. Horenburger seconded the motion that passed 7-0. .:. Consent Agenda Item VI-G. Aporoval of Events - 4th Ouarter Schedule Mr. Myott apologized for not being able to attend the budget workshop, but praised Mr. Reardon on the fine job he had done on the Reference Booklet that supplemented the budget. It was broken down in such a way it was very easy to understand. He inquired whether the Pirates of the Intracoastal event would be held on the same weekend the board was going to Stuart. Margee Adelsperger, Marketing and Communications Manager, responded it was, but Ms. Bright believed they should be finished by noon and could be back in time for the Pirates event. Mr. Myott asked about the $164K allocated for the Holiday Fest event. Ms. Adelsperger responded the bulk of it would go towards securing a top-name entertainer, someone who would draw crowds from outside Boynton Beach. They were considering a country theme, Ms. Bright thought a ballpark figure for the entertainment would be $75K. Motion Mr. Myott moved to approve Consent Agenda Item VI-G, Approval of Events - 4th Quarter Schedule. Ms. Heavilin seconded the motion that passed 7-0. IX. Old Business A. Discussion of Ocean Breeze Ms. Bright reported she had received e-mail from Larry Finkelstein apologizing for not attending this meeting, but due to the rain, it was almost physically impossible for him to attend. Staff had been working with him and she pointed out the board had approved a Direct Incentive Agreement with Boynton Associates in December of 2005. Due to market conditions and changes, staff had been working with Mr. Finkelstein over the past three months to come back to the board to discuss possible alternatives. At the August 8 meeting, the board supported a draft: of an HOB Work Program, which they were implementing, and Ocean Breeze was one of the key projects. Ms, Bright asked Attorney Spillias to address the status of the lien with Ocean Breeze and the options for the board to consider In relation to it. Attorney Spillias pointed out the staff summary indicated the CRA attorney was recommending an assistance package and a list of terms, and he made it known that he was not yet at the point of recommending anything. What he was making a recommendation on was the issue of how to deal with the demolition lien and waiver. They had completed their contracts with the 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 City in terms of the assignment of the lien to the CRA. The assignment was recorded and the lien was recorded. One of the incentives the board agreed to provide the developer was a waiver of the costs of the demolition lien. As the minutes reflect and as he recalled, that was part of the incentive package that the board proposed to provide to the developer. In an exchange of e-mails between staff and Mr. Finkelstein, Attorney Spillias saw one of Mr. Finkelstein's requests was an immediate release of the lien and waiver of the funds. Direction from the board was needed as to how to address this in preparing a development agreement and finalizing the incentive package for this development. . Attorney Spillias advised if the board were to release the lien immediately, as requested, and the project ultimately did not go forward or did not go forward in the manner in which it had been agreed with the developer, the board would have forgiven a $340K to $360K debt and received nothing in return. On the other hand, the developer was suggesting having the lien in place was hampering his financing arrangements. Mr. Spillias looked to the board for direction about whether it wanted him to try to negotiate with the developer some means of providing security to the board in the event the obligations in a development agreement were not met. He advised the security could be in the form of a bond, a surety, a subordinate mortgage to the construction loan, or some sort of inter- relationship with other incentives. He did not know all the details about how the developer intended to finance the project. Mr. Spillias asked the board if the CRA would want to waive the lien if it did not get the product. Chair TIllman responded that in his opinion, the intent of the action to waive the demolition lien was to move the project forward. He did not think this CRA board or any other CRA board would want to give that kind of money up without seeing a project come forward. The difficulties of the developer in obtaining financing with the lien in place could be an issue, However, that was not for the CRA to determine. If that was the case and the developer wanted the demolition lien to be forgiven, he should agree to some sort of guarantee in the form of a bond that he would cover the amount of the lien if the project could not go forward. Chair TIllman did not understand why this project had not progressed and why it seemed to be "stalling out" in spite of the CRA's best efforts to be accommodating. He remarked if the developer did not want to participate, he should step back. Mr. Sims thought it wa's taking a long time to do anything on this particular site. He wished to remind the board that this was an "open wound" to a lot of people in that area and the longer they just saw dirt, that wound got worse. He felt it would be a tremendous mistake to do anything that would delay the commencement of a project that should have been started a long time ago. He inquired whether it was advantageous for the board to give another developer an opportunity, even if the CRA had to acquire the property. He felt prolonging this situation would be doing a disservice to a great many people. In his opinion, if there were no firm agreement language with this developer that would include a timeline to get the project started by the October meeting, the CRA needed to move on. This was ridiculous. People were talking about it every day. People who had not met the developer felt he was untrustworthy, lacking in credibility, and did not care about the community. They were not seeing any more happening at that site than they had two years previously. If nothing was coming forward, they needed to discuss an alternative plan to get it started. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12,2006 Ms. Horenburger indicated staff had asked for financial details, as would be expected from anyone asking for this type of incentive, and the principal had refused to produce the information. She went online and it appeared the property had been acquired and not purchased. There was no change of ownership in the Property Appraiser's records and she was told that basically, the liability of the corporation that owned it formerly was purchased and so it did not actually change hands. Also, she understood there was bond indebtedness of $6.5M on the property. Her concern was that as they moved forward, the applicant might come back for more money to cover some of that debt. She did not know what it would mean if tlie CRA exercised the lien in terms of acquiring the property and whether the CRA would be liable for that debt if the bond indebtedness were true. She would like to know more about that and did not know how to go about getting that information if the principal refused to provide it. Attorney Spillias did not know the details, but if the CRA were going to engage in negotiations for a development agreement and modify or firm up an incentive package, those financial issues would have to be disclosed and addressed. Ms. Horenburger thought it was incumbent on the board to take a vote to ask that the applicant produce that information or come to the board next month and discuss and decide the CRA's options at that time. It seemed to Mr. Norem staff was asking the board to authorize staff and legal counsel to draft a development agreement on this site and bring it back to the board in October. If it did not come back, the board would know where it had to go. He thought the consensus of this board would be to include that indebtedness, even if they had to subordinate to a construction mortgage. At least, let the CRA see something come out of the ground before doing anything else. That might be one of the ways to do it. If they just did what staff was recommending, it would set the time line. The developer had to come to the table, or the board would move on. Ms. Bright responded CRA staff had spent several months working with Mr. Finkelstein, but the board had asked to hire a TIF consultant to do modeling and forecasting and they had now hired Greg Oravec for that purpose. Staff had asked Mr. Oravec to evaluate all their current incentives. He was present to answer those questions, but he had come to Ms. Bright and after many conversations and e-mails, his recommendation was originally for the CRA to buy the parcel to move on with this project. Staff had worked with Mr. Finkelstein to convince him to come back to the table to try to make the project work. She realized there was consensus that it was time to have a firm development agreement or move on. Greg Oravec, Senior Project Manager at Culpepper and Terpening, Inc., provider of redevelopment consulting services to the CRA, appeared. Mr. Oravec stated the bottom line was that in the next 30 days, they should make this happen. He had been excited about reviewing the underlying controlling regulations, the Heart of Boynton Master Plan, and the property itself because of how it was strategically situated in the Heart of Boynton neighborhood. It had the potential to be much more than just a townhome development and a special townhome development in its own right. In conjunction with the improvement of Sea crest Boulevard, it really had the ability to start in earnest the renaissance of the Heart of Boynton area. It could create a main street with a real streetscape that improved the quality of life for the residents and rolled out the red carpet for additional redevelopment. It could create a real opportunity for the people of Boynton Beach to live in Boynton Beach with homeowner occupied housing. He felt this was one of the board's best opportunities to start the renaissance for real. The community had heard a lot of talk, but it had not been backed up. They wanted to 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 come back to the board in 30 days with a plan that could be carried out. It was time to make it happen. Mr. Oravec took his excitement and his experience in forging public/private partnerships to the representative of the owner. The owner was Boynton Associates, Ltd. Lany Finkelstein was the representative as had been presented and as he had determined. However, the actual ownership structure was one of the fundamental questions. The earliest record he could find of Boynton Associates, Ltd. on the record was in 1997. In 2004, they had a new co-general partner, The Partnership, Inc. In October of 2005, Larry Finkelstein became the registered agent of the corporation and they had a new general partner called Affordable Housing, LLC. Affordable Housing, LLC was an entity also controlled by Larry Finkelstein. There was no record of the property changing hands or an acquisition, as would normally be determined on the Property Appraiser's Web page or public records of Palm Beach County. Because the interest in the property was purchased and not the property, they had no way of identifying the means by which the property had been acquired. That was problematic, because when Mr. Oravec began evaluating the actual deal with Boynton Associates, Ltd., the request for an additional incentive to the original Direct Incentive Funding Agreement (DIFA) was based on a pro forma in which one of the large assumptions was the purchase price of the property. There was a lot of uncertainty and the request for information from the developer was not met. In addition to the troubling business aspects, there were planning deficiencies. Mr. Oravec declared when the CRA invested the taxpayer's dollars in the district, it had an obligation to them to receive the most it could for that money. There was more to be had with this project. Over the course of the next 30 days, they could: · Come up with a timeline to which the developer could agree. · Have the CRA consider acquisition of the property. The acquisition of the property would be done through an arms-length transaction with the owner, identifying specifically what the board and the community wanted to see on the property (a conceptual site plan). Then, the CRA would go out for RFP to find the best-qualified developer/vertical builder who could get the job done. Chair llllman applauded staff for bringing in a competent individual to take an in-depth look at the Ocean Breeze issue and redevelopment in the Heart of Boynton, so they could take action on this site. He felt the timeline was critically important. He did not want to see anything different than what had already been approved in terms of the site plan. He asked staff to come back to the board in 30 days with whatever was necessary to get this redevelopment effort moving. Ms. Bright noted if directed by the board, staff would work diligently with Mr. Finkelstein to resolve this in the next 30 days. Staff believed a comprehensive plan had to include the developer's plans for the property across the street from the Ocean Breeze site on the west side of Seacrest, so they could have a unified plan. If purchase were an option, she did not think it would be a long-term process. Staff based this opinion on some of the recommendations made in the Treasure Coast Planning Council to include smaller one-bedroom units and villas and the fact that during the RFP process for the MLK Corridor, many developers had the interest and the ability to participate in this project. 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 Motion Vice Chair Norem moved to authorize staff and legal to draft a development agreement for the review and consideration of the board at the next scheduled meeting in October, incorporating all the comments, requests, and consensus arrived at during this discussion. Ms. Horenburger seconded the motion. Ms. Heavilin noted the board had considered the Ocean Breeze project to be a "seed" project for the Heart of Boynton area. She confirmed with Attorney Spillias that the expiration of the existing site plan approval for this project would not occur until December, although Mr. Finkelstein could request an extension. It seemed to her that legally, he had until that time to perform. Ms. Bright responded Mr. Finkelstein was amenable to revising the site plan. Staff was actually asking the board to approve the CRA purchase of property adjacent to Ocean Breeze, under New Business. Mr. Finkelstein was aware that going into the next level of negotiation, he would have to modify the site plan and that cost. Ms. Heavilin clarified she had been speaking of the 3D-day deadline for Mr. Finkelstein to come to the table and come to agreement, as discussed at this meeting. Ms. Heavilin believed Mr. Sims' comments were a little harsh about nothing happening on this project, since they were seeing the same thing on two larger projects. Ms. Heavilin did not believe anyone developer could be held totally accountable for the drastic changes occurring in the market today. She thought the board had to be cognizant of that. Ms. Horenburger disagreed, saying the CRA was giving the developer $3.381M to start doing this project, and he had refused to provide financial information that was required of all applicants for incentives. She did not think Mr. Sims' comments were harsh at all. The motion passed 7-0. B. HOB Residential Imorovement Grant Proaram Guidelines Vivian Brooks, Planning & Development Manager, concurred with Mr. Sims' comments that the community had to put up with quite a bit over the years. When she put together the HOB Work Program, one of her goals was to think of the people who had lived through the decline and waited for improvements to come. The HOB Residential Improvement Grant Program Guidelines represented the implementation of one of the line items in the Work Program. This took the place of the old Residential Fa~ade Grant Program that had not been used at all during FY 2005-06, possibly due to an onerous match of 50%. Also, it only covered things like painting of exteriors and not the things people really needed such as wiring and bringing their houses up to Code on safety issues. Ms. Brooks proposed making a concentrated effort in the HOB to work with existing residents and property owners to bring properties up not just on the outside but inside, allowing them to stay in their homes and not sell them if they did not wish to do so, There were a lot of elderly residents on fixed income who could not re-roof their homes, for example. Many had their homes paid for. They did not always have insurance. A concentrated effort in the community to use these grants could allow people to bring their houses up to Code. 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 Ms. Brooks proposed partnering with the Faith-Based Community Development Corporation who would administer the program by doing intake and marketing. An allotment of $25K a year was recommended for their administration of the program. The program would be available to residents and owners of rental structures. Ms. Brooks thought the board might want to consider requiring a match from the owners of rental property . Each individual application would have to come before the board for a funding decision. The purpose of this program was to make a difference in the community. Ms. Horenburger thought if the rental property owners were included, there should be protections for the existing residents such as signed affidavits to the effect the rent would not be raised over the Consumer Price Index for a period of time and perhaps lien power if violated. She also thought there could be something like a five-year, no-obligation mortgage that was not paid back, but went away after five years. Rev. Chaney inquired whether the family income not exceeding 120% of the median household income was based on the renter's income or the property owner's income, in the case of rental property. Mr. Brooks responded this was concerned with the property owner's income. They did not intend to enrich anyone who was already rich. She declared there were a number of residents in the Heart of Boynton who owned income property, were elderly, and on a fixed income. In Palm Beach County, the median household income was $64K and the median household income in the Heart of Boynton was $20K. She did not think the program would exclude those who needed it or allow in those who did not. Ms. Horenburger inquired whether the money would be an outright grant or a case of paying the bill once the work was done. Mr. Brooks responded the money would be paid to a contractor after it had been permitted and completed. Rev. Chaney thought a provision should be included for rental property owners where if they had enjoyed the benefit of the program and then sold the property, some money would come back to this program. Ms. Brooks liked the idea, saying perhaps they could do a soft second mortgage similar to the HAP program where if they sold within so many years, the CRA would get its money back. There was consensus on this point. Ms. Horenburger was the most concerned about the owners of rental property raising rents after improvements had been made, Ms. Bright declared they could mandate a one to two year non-increase in rent as part of the matching grant. Vice Chair Norem believed the board could let the program be flexible at the beginning and allow staff to come back to the board when they actually had an application. Ms. Bright agreed, saying if the board did not agree with a particular grant, they could just not approve it. Rev. Chaney asked if there were a financial consideration for the CDes to be partners in the program. Ms. Brooks said in the Work Program approved at the August meeting, there was a line item for administration for this program. 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 Mr. Myott thought the program should focus on homeowners rather than rental property owners. He saw rental property as commercial property and they had always asked for a match from this kind of owner. He thought the landlords would jump on it. The board might consider capping the amount of rental property that would be allowed. It may take longer for the regular homeowner to become aware of the program. It would add to the bottom line of the rental property owner. He did not understand how any homeowner could get the work done without any money up front. He could not imagine a contractor who would draw up pla'ns, go through weeks of permitting, buy materials up front, do the work, and then possibly get paid months later. Ms. Brooks noted these were small projects and they could also do draw downs if necessary. When contractors dealt with a government, they felt more comfortable about getting paid. She had spoken to builders and they did not see a particular problem with it. Most of the applications would be for things like replacing a door or window, a kitchen, electrical wiring, and similar repair items. Mr. Myott inquired who would sign the contract with a builder or contractor, but Ms. Brooks responded that had to be worked out with legal counsel. Ms. Bright commented they had a similar program in Delray Beach for the West Settler's area and three to four contractors wanted that work very much because they knew it was guaranteed work. The big general contractors would probably not be involved. There was even commitment at the general contractor level of wanting to give back to the community. That program was a matching grant and at times, they did have to come up with close to $25K up front so the general contractor could get going, in the case of a complete renovation. Mr. Myott thought projects requiring that could be identified and the decisions and recommendations made early on as the applications came in. Ms. Brooks agreed, saying it would depend on the job. Ms. Brooks' experience with a similar program in West Palm Beach was they offered the same deal to rental property owners and no one took it. She did know why, but it co'uld have been the required match. Mr. Sims would rather see every dollar go to the homeowner with an evaluation at the end of the year to determine whether there had been sufficient interest. If not, they could consider broadening it to include rental property owners. He suggested favoring applicants with multiple needs. There were many homeowners who would be thankful to do certain kinds of work, but needed help with other kinds. Mr. Sims was trying to understand the administration part of the program for the CDC. It seemed the eDe would take the initial application from the homeowner or landlord. They would process the application, bring it to staff, and send it on to the board for a vote. After that point, it would be up to the eDC to get the contractor to do the work and be the project managers over that construction site. Mr. Sims inquired whether there was a component built in for a report back to the board. He inquired whether this is what the $2SK was meant to cover. Ms. Brooks replied that this was what it was for. An agreement had to be drafted between the CDe and the eRA and it would include the methods of maintenance and monitoring of the program. Progress reports and pictures would be included. 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 Mr. Sims asked whether the CDC had an experienced person on board who could serve as project manager or whether that person would have to be hired. Ms. Brooks responded for new home construction, they used a general contractor. A lot of work would need a permit so there had to be a general contractor to do that. The general contractor would pull the permit and the City would have to sign off on the work when completed. If the City signed off on it, she was comfortable the work had been done correctly. Some houses would need more than $20K and there would be oversight of the work. Ms. Horenburger asked who the key person would be. David Zimet, Boynton Beach Faith-Based Community Development Corporation, stated that right now, they had Jerome Powell, Deputy Director and Project Manager on most of their single-family production. When they rehabbed one house, they had an engineer come in who wrote up specifications and got bids. They also had draws on rehab work as they did with construction. Ms. Horenburger asked whether Mr. Zimet planned to oversee this program and he responded affirmatively, but Mr. Powell would probably do the day-to-day work. As far as intake was concerned, they currently did intake for the SHIP Program. Ms. Heavilin thought it was a good and necessary program. She had a problem with the lack of a match and did not believe in "giveaway" programs. She wanted to see some kind of sweat equity from the homeowner for purposes of pride and self-esteem and a personal stake in the results. It did not have to be a monetary stake. Ms. Brooks commented the median income in the Heart of Boynton was $27K annually. She mentioned the monitoring that would be required with keeping track of sweat equity. Ms. Heavilin thought the $25K for administration at the CDC should be restructured as a fee for the marketing of the program. Chair Tillman mentioned they would want to think about liability. He did not think the CRA should be in the business of keeping track of sweat equity and trying to determine if they pitched in or not and if it was enough. There were other groups who did that. The CRA was trying to upgrade some housing stock. They were even doing debris pickup and there was no sweat equity on that. The job got done and the community looked better. They would contract with the CDC to do the work, monitor it through staff, put the money in and get the job done. The Residential Fal;ade Grant program did not work. He thought it would be to the benefit of the community to put the money right up front to fix the properties and increase property values. He wanted to see something meaningful move forward. Rev. Chaney agreed with Chair Tillman. He was concerned about the administrative side and thought they could possibly pay the CDC for the number of applicants they qualified instead of a flat $25K. Mr. Zimet responded they did not know how much work there was going to be in the end. $25K might be too much or it might be way too little. If they had to replace a roof, do wiring, painting and cabinets in one house and there were 20 such houses, $25K would not be nearly enough. Ms. Horenburger thought if they did a percentage of the actual budget for the improvement, that could work. Rev. Chaney said there should be an incentive to make it 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 happen in the community so the money would not just sit there. If the administrators had an incentive, that would help move the program forward also. Ms. Bright asked the board to recall when staff drafted guidelines for a Homebuyers Assistance Program. They dropped a mailer on this to every residence in the Heart of Boynton as an initiative. It did not do them any good if they had a program they could not draw down. That was the reason this new program was being introduced. Their key goal would be to create a marketing plan with the CDC about how the word would get out and how it was going' to be drawn down. The actual administration of the budget would be a separate budgeted item and she was sure it would be more than $25K. Ms. Horenburger thought this should be looked at as a pilot project for six months to see what they could get going. If it worked, they could approve further funding. Motion Mr. Myott moved to approve the HOB Residential Improvement Grant Program Guidelines as written and presented. Ms. Horenburger asked to add the exception they were removing rental property owners. Mr. Myott did not agree to that. He intended there to be a 50% match for rental property owners. Mr. Myott commented they wanted to have as many properties improved as possible and there could be benefit to having the landlords improve their properties. . Ms. Brooks noted Mr. Oravec had suggested amending the guidelines to say the people with rental properties would have to bring in copies of their leases, so the rent was known. A comment was made that many of them did not have leases and many of the multi-family dwellings were boarded up. Mr. Norem seconded the motion. Ms. Heavilin wanted it to be known she was in favor of the program. She had not previously considered the possible nightmare of administration of an equity program or the liability aspects. However, she asked that her sweat equity idea to be considered in future programs. Ms. Horenburger introduced a substitute motion. Motion Ms. Horenburger made a motion incorporating the entire motion on the floor but also adding the provision that an affidavit be signed by owners of rental properties, with said affidavit being created by staff and legal counsel, and that there be some manner of assurance that people in the rental properties would not be affected immediately by improvements or have their dwellings made unaffordable. Mr. Myott removed his original motion and seconded the substitute motion. 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 Rev. Chaney stated Mr. Myott's original motion was as written, and then he said there would be a 50% match for owners of rental properties. "As written" did not include that proviso. Mr. Myott then realized the 50% match was not included in the original guidelines, as written. The motion passed 6-1, Rev. Chaney dissenting. Attorney Spillias needed to make a disclosure and ask direction from the board. In developing an agreement with the Boynton Beach Faith-Based CDC, his firm did work on occasion for the CDC such as real estate closings and so forth. He had checked with Mr. Zimet and his firm was in the process of representing the CDC on an item. If the board wished Mr. Spillias' firm to represent the CRA in the negotiation of the contract, he would need to get a waiver of that conflict from the CRA and from the CDC. He had spoken to Mr. Zimet, who had indicated he would not ask his firm to represent the CDC in this negotiation. The other option would be for his firm not to represent either party and for both parties to get separate counsel. Motion Vice Chair Norem moved to waive the conflict outlined by Attorney Spillias in the case of negotiating an agreement between the CRA and the CDC. Mr, Sims seconded the motion that passed 7-0. B. Revisions to Homebuvers Assistance Proaram (HAP) Ms. Brooks reported this item was before the board due to changes in the residential market. The City was receiving $600K for SHIP funds, but the City required that SHIP funds be used in the following ratios: 30% for moderate income, 40% for low income, and 30% for very low income. The reality was that the discrepancy between wages and housing prices ($202,228 in Boynton Beach) made very low homeownership a thing of the past right now. Low was pretty close to being out of the picture. Given that, the people the CRA could help now were those in the moderate-income category. They really only had 30% of $600K for 2006-07 from the Community Improvement Department's budget. The Community Improvement Department already had clients in the pipeline. The problem was the Homebuyers Assistance Program had been written to be an additional layer on top of SHIP funds. The Legislature, finally responding to the housing crisis and its severity, had come out with a pilot program geared towards Essential Workers. That program had not been formally rolled out and it would be managed by the Florida Housing Finance Corporation, which did the tax credits. The CRA needed to look for ways to leverage its dollars. If they could not be leveraged very much with SHIP, they needed to be open for other means of doing this. Coincidentally, the CRA had been approached by The Cornerstone Group (TCG) who were building The Preserve, formerly known as the Barr property, the trailer park on the west side of the tracks on 4th Street. They were building 180 units in an IPUD. They were selling their 3 BR/3BA, 1-car garage units starting at $280K and they were having a hard time in this market. Staff asked the board to consider removing the requirement of the SHIP match from the current Homebuyers Assistance Program and say it could be used alone, with income guidelines, or with other funds such as the CWIP, Community Workforce Innovation Pilot Program, through 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 the Florida Housing Finance Corporation, including homebuyers who were teachers, City workers, firemen, and nurses. Cornerstone proposed a Phase One DIFA of $1.5M, to put 50 of their units into a program, which would get the price marked down $30K. The developer had agreed to write down the cost of the units another $30K. The Community Housing Assistance Program would come in on the buyer's side for up to $50K (depending on the gap), and then they could get 50 homes at $170K in the Preserve. The developer had also agreed the 50 units would be in the same ratio as the 180 units. They were not going to get all the two-bedrooms like they had received in a prior DIFA. There would be a mix of units, with a majority being 3BR/3BA units. TCG was planning to apply for CWIP, which would be Phase Two. They would apply for $5M, which would write down the cost of another 50 units by $100K, from $280K to $180K. Buyers could then come in for HAP. A check was for gap funding, not a check for $50K, and depended on the gap and what the applicant could afford for a mortgage. They could get Phase Two prices down to $130K a unit. Ms. Bright had spoken to the City Manager, who felt strongly this would be a wonderful opportunity for the CRA to take advantage of the Essential Worker model and consider it for the workers at Bethesda Hospital, teachers, firemen, and City workers. The developer and his counsel were present. They had been very amenable in their discussions and were willing to look at a second phase of the program to possibly build one-bedroom units, as recommended by the Treasure Coast study, to try to get the $40K a year workers into a $100K product. They had a lot of flexibility to work with them with the money the CRA was sanctioned to spend by June of 2007. Staff asked for board input on the proposal. Ms. Heavilin thought it was an exciting program and the CRA needed all the partners it could find. Ms. Heavilin inquired whether the mortgage costs as given in the presentation were based on the mortgage. Ms. Brooks replied they were not and they were included to show how they came up with the debt ratio. Ms. Horenburger stated if a $170K mortgage were calculated at 6% principal and interest over 30 years, the payment would be a little over $lK. If the applicant qualified for a payment of $1,282, they could not afford to pay taxes and insurance. She wondered how realistic the numbers were. Ms. Brooks said they had to calculate taxes and insurances and HOA fees in the rea.' world. That meant the amount of mortgage a person could qualify for would go down. That was why the HAP program was good. The taxes and insurance had gone up significantly. Most of their projects in the future would have HOA fees. Ms. Heavilin said with a conservative HOA monthly fee of $250/month, she did not see how people would be able to qualify. Ms. Brooks stated they could go up to 120% of median household income. If TCG and the State were willing to write down the cost, and they had a DIFA, hopefully, the buyers would have some money for a down payment. Ms. Heavilin believed most people thought the housing price was the issue, but really, taxes and insurance were the primary concern. It was a great program and she hoped it would work. Ms. Brooks agreed and hoped the Legislature would look at that. Mr. Sims thought this was a great program and he wondered how the information could be disseminated when it was in final form. Ms. Bright stated if they went forward, the City Manager agreed they wanted to do some kind of marketing tool with their Public Affairs Department, sending it out carte blanche to the residents. 21 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 Motion Ms. Horenburger moved to approve staff recommendation on the revisions to the Homebuyers Assistance Program. Mr. Myott seconded the motion that passed 7-0. C. Discussion of Promenade DlFA Ms. Bright pointed out the highlights of the staff report. Staff had been working with CRA counsel since June 28 to find out the status of this project. They were unsuccessful in obtaining response on the status, on a counsel-to-counsel basis. At the August 24 budget workshop meeting, staff advised they were looking for direction about how to move the project forward. Staff was still very committed and believed there was an opportunity with the lapsing of the agreement for the board to provide direction about how to help the developer make this project go forward, if that was the board's desire. Attorney Spillias responded the issue was a mix of law and policy. From the legal standpoint, in the DlFA, there were certain milestones and requirements on the developer. One requirement was that the developer must apply for a permit for vertical construction no later than July 20, 2004. Eventually, the developer received a one-year extension form the City until July 20, 2006. Under the contract, commencement of the project had a specific definition, which was:"commencement of construction of the project as required under the contract." Attorney Spillias' firm contacted the City to find out the status of the permits. Quintus Greene, Development Manager, declared a foundation permit had been issued before July 20, 2006. Attorney Spillias asked whether a foundation permit was considered a permit allowing vertical construction. Mr. Green replied it was not, although it was a prerequisite. On July 18, an application was filed for a building permit, and if it had been appropriate, would have met the deadline, since it would be a permit for vertical construction. However, the file review fee attached to the vertical construction permit was not paid on July 18, and was still not paid to the present, according to Attorney Spillias. Mr. Greene did not consider the permit had been applied for since the fee had not been paid. Mr. Greene said the City was holding it in abeyance until the fee was paid. A strong argument could be made they did not meet the deadline called for in the incentive agreement. The incentive agreement was not tied to site plan extensions. The approval of a site plan extension by the City or the CRA did not mean the incentive agreement was extended. It must be extended separately, if the intent was to extend it. The other issue was that the funding agreement had been based, at least in part, on commitments to construct a certain amount of affordable housing and to advertise for it. They had been asking for months for them to provide the marketing materials to show they did indeed advertise the requisite number of units at the affordable prices to which they had committed. They had received e-mail correspondence from a prospective buyer, who went to The Promenade and asked about one of the affordable units and was told there were not any. There was some question as to whether or not this obligation under the DIFA had been met. The board had choices. The board could make a determination they had done enough to continue with this particular DIFA. If the board chose to do that, he suggested formally amending it to provide for any extended period of time or other waivers of conditions that the board might wish to waive. The board could also determine that the DIFA was now terminated and let the developer know, if they were still interested in an incentive, they could apply for one 22 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 under the current program guidelines. It was ultimately a policy decision. Attorney Spillias felt he could defend, from a legal standpoint, that the DIFA was terminated. They could also create the necessary documents to extend the DIFA under the terms, as they existed today, if so directed by the board. Ms. Horenburger asked if there had been any response to a letter dated June 28, 2006 from Attorney Amy Dukes. Ms. Dukes responded there had been no response. She confirmed staff had also tried to contact the developer. Ms. Bright responded when staff gave counsel direction to draft a letter on June 28, staff felt this could possibly lead to the scenario that was now taking place. Therefore, Ms. Dukes placed a subsequent phone call to let them know the CRA was still interested but had not received the marketing materials. Ms. Horenburger wanted to know what, if any, kind of response they had received. Ms. Bright had received a letter from Mr. D'Arelli at 5:30 p.m. today requesting this item be removed from the agenda. The letter stated they had paid Palm Beach County impact fees, but had not paid the City of Boynton Beach $336K in permitting fees, although that was in the process of being paid. She confirmed the vertical construction permit had not yet been paid. Attorney Dukes worked with staff to draft the June 28 letter. She did not receive anything in writing, via e-mail or letter, from Mr. D'Arelli. The next communication she had with him was actually a phone call 4-6 weeks after that letter, which had been precipitated by a quote in the Palm Beach Post dealing with new Direct Incentive guidelines coming into play. Apparently, Mr. Krinsky was upset about that and contacted Mr. D'Arelli, who then contacted Ms. Dukes to ask if this were true, that the CRA board was revoking the incentive. He actually began that conversation by saying, "I know that I have not gotten back with you on the affordable unit issue. I'm still waiting to hear from my client." Ms. Horenburger noted this was the second item the board had heard at this meeting where the CRA had asked for information that was key to what was being done, and it was being ignored. She did not care how bad the economy was, or the real estate market, they should tell the eRA what was going on and what they were doing. She was frustrated about this and felt it reflected poorly on the City, the CRA, and the responsibilities of the CRA to the people they served. Rebecca Salguero, appeared on behalf of Greenberg Traurig, P.A. The lead attorney, Paul D'Arelli, received notice this morning of the discussion on the agenda. She reiterated the Executive Director's remarks that they had requested postponement. They had sent a letter explaining the building permit was filed on July 18, 2006 and after it was filed, were told of the fee and were in the process of paying it. They respectfully requested this postponement and Ms. Salguero stated Mr. D'Arelli would be present in October to address this matter, depending on the final decision today. Ms. Horenburger expressed skepticism about a builder applying for a building permit and not knowing about the file review fee associated with it. Ms. Salguero responded that was all the information she had. Mr. Myott was incredulous that an attorney would not respond to another attorney's letter that said something like that. That looked bad for Greenberg Traurig's operation. The Promenade 23 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 was a real nice project, but the CRA was not being treated fairly and was offering big money to help the project materialize. Rev. Chaney agreed with much of what Mr. Myott had said, but fundamentally, thought the incentive needed to be revoked and let the developers reapply under new guidelines. Attorney Spillias said they had not asked for any specific action today and the burden was on the developer to convince the board of whatever they wanted to convey. . Motion Vice Chair Norem moved to place reconsideration of any incentive to the Promenade on the October agenda. Ms. Bright added the onus would be on the developer and his counsel to work with the CRA. Mr. Norem said it would either get them there to talk about this or it would be reconsidered. Rev. Chaney seconded the motion. Ms. Horenburger commented she was sure the client told Ms. Salguero to come to say what he wanted the board to hear. Ms. Horenburger asked for the name of the owner of the project and Ms. Salguero responded, Panther Real Estate Partners. Ms. Horenburger also asked for the names of the principals, and Ms. Bright responded, Jeff Krinsky, Danny Sterling, and one other. Mr. Norem restated the motion as follows. Motion Mr. Norem moved that at the October meeting, the reconsideration of the incentive for The Promenade DIFA be placed on the agenda. Rev. Chaney repeated his second of the new motion. Ms. Heavilin proposed since they had not complied with the affordable housing component of the DIFA, staff should be asked to renegotiate the incentive agreement. She did not believe affordable housing was appropriate at The Promenade in any case. Ms. Bright agreed that was the direction staff needed to go, if that was the will of the developer. Ms. Heavilin thought a decision should be made now, rather than waiting for October to get this going. She thought they all wanted to see the development. take place, but the market had changed for both parties. Ms. Heavilin just wanted assurance there would be negotiations during the 30 days between this meeting and th~ October meeting. Ms. Bright agreed and indicated she expected a call from the developer on the day following this meeting. The motion passed 7-0. E. Discussion of 500 Ocean (FKA:The Arches). AU9ust 16. 2006 Site Plan Extension and DIFA Ms. Bright stated the board had viewed this as the key, catalyzing, cornerstone project for the downtown and in view of that, had granted a $2M incentive. When Ms. Bright inherited the position of Interim Director, she met with Ryan Weisfisch fairly often. Then, a new development 24 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12,2006 partner came into the picture, and that convoluted the mix with different attorneys. When the budget was being prepared, Ms. Bright asked for another meeting with the developer, and it was made clear at that time they were not going vertical at that point. The situation was similar to that of The Promenade in the lack of response. One of the challenges for The Promenade and 500 Ocean projects was that the community, the board, and City Commissioners asked Ms. Bright for answers on key projects and she felt very foolish not being able to answer their questions. This particular developer interpreted the DIFA totally differently than the CRA. He was very candid in saying to Ms. Bright that he did not want to explain it any further, arid that the site plan extension automatically carried over to the incentive agreement. She tried to explain to this developer that the CRA board governed the DIFA. Communication had been a challenge. When staff asked the board to revise the DIFA it approved last month, they now had to give project timelines and benchmarks and the onus was on them to communicate with the CRA. Ms. Bright deferred to legal counsel for interpretation of the particulars of the DIFA with 500 Ocean. The CRA thought this was an incredible project and certainly wanted to work with the developer, knowing the new timeline of the project. Chair Tillman commented this was about protecting the interests of the board. Attorney 5pillias commented it was another mixed question of law and policy as addressed in the previous item. The DIFA was signed on November 19, 2003 and a part of that was the Advanced Funding Agreement, the one where the City would advance the developer $2M of the incentives. The effective date was important with regard to this agreement because he read what commencement of construction meant. The definition in this agreement was, "Commencement of construction of the project means the issuance by the City of the permit required for the commencement of vertical construction and the commencement of such vertical construction." It was not just the application; the permit had to be issued. The date of construction was also set out, and that read, "The developer agrees to commence construction of the project within 180 days of the developer pre-selling 70% plus one other unit, but no later than two years from the effective date of this agreement. The developer shall have the right to extend the commencement date by up to six months on a showing by the developer to the CRA that they have diligently pursued the project." So, under the original agreement dated November 19, 2003, they needed to have their permit and begin construction by November 19, 2005. In the meantime, in January of 2005, the developers came to this board and to the City Commission for a site plan extension. In reviewing the minutes of that meeting, Mr. Fenton moved for approval of the site plan extension until December 15, 2005, said motion being duly seconded and approved by the board. Then, Ms. Horenburger moved for approval of the incentive plan to run concurrently with the extension just approved to December 3, 2005, as duly seconded and approved by the board. So, as of the January 11, 2005 board meeting and subsequently with the City Commission's approval, they had an extension of the site plan and the incentive agreement until December 3, 2005. In August of 2005, the developer came in and asked to modify the site plan. At that time, the question arose about. whether the major site plan modification rendered the incentive agreement terminated or whether because the value of the project did not go down, whether the incentive agreement remained in effect. The board's position, as recorded in the minutes of the meeting, was to approve the request for the site plan modification. Ms. Horenburger added to her motion that the original incentive agreement would remain in effect, based on the taxable value of the property being increased since the agreement was made. Mr. DeMarco, the seconder, agreed to the addition and the motion passed. There was nothing in the minutes indicating there was any additional extension of the 25 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 incentive agreement beyond the December 3, 2005 date. Basically, the way the motion read in the minutes was that the incentive agreement remained in place "as is." "As is" meant they had to start construction by December 3, 2005. The eRA got a letter from the developer's counsel where he laid out some of these same dates and provisions, but he attached a letter that was sent to Ryan Weisfisch by the fonner Director, Doug Hutchinson, on January 11, 2005. The extension in January of 2005 was until December 3, 2005, as approved. The letter from Mr. Hutchinson read, "Congratulations. On January 11, 2005, the CRA board voted unanimously to approve your DIFA and Advance Funding Agreement extension request. As per the extension request, the new effective date of the agreements will be December 3, 2005." The argument of the developer's counsel was that because of Mr. Hutchinson designating the new effective date of the agreements as December 3, 2005, the extension would be in effect for two years from that date. Attorney Spillias' position would be that Mr. Hutchinson did not have the authority to grant any further extension than what the board had granted. The minutes were pretty clear the extension was granted until December 3, 2005. Attorney Spillias believed from a legal standpoint, they would be on fairly firm ground to say they did not start construction by December 3, 2005 or ask for any other extensions. The CRA could declare the DIFA and the Advanced Funding Agreement terminated. Or, from a policy standpoint, if the board wanted to keep the terms of the present or previous DlFA and Advanced Funding Agreement in place, that would be a policy decision. In that case, Attorney Spillias recommended an amendment to both agreements, retroactively extending them until whatever date the board chose. Ms. Horenburger mentioned this reminded her of the case of the marina in West Palm Beach where the Mayor assured the developer of something in a letter and it went to court and the developer lost. However, it cost the City a great deal of money. It was held that the Mayor's letter to the developer did not "hold water." She believed that if there were to be a lawsuit, the CRA could win, but at a cost. She believed this board had a decision to make about declaring the Hutchinson letter incorrect as far as the board's policy decision, or make it right. She thought those decisions would have to be made based on the probability of a lawsuit and the probability of costs and further delays to the project. Motion Mr. Norem moved to place reconsideration of any incentive plan for 500 Ocean on the agenda for the October meeting. Ms. Bright asked whether Mr. Norem was expecting dialogue to take place between the developer and the CRA. Mr. Norem thought this would bring the developer to the meeting and he hoped staff got together with them to come up with a new plan that worked for everyone. Ms. Horenburer did not think the situation was the same as The Promenade because of the letter from Mr. Hutchinson. She believed Mr. Hutchinson's statement to the developer in the letter made this issue less simple than the issue of The Promenade. Attorney Spillias pointed out that the developer and his counsel were present at the January 11, 2005 meeting at which the board took action on the site plan and incentive agreements. They 26 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 heard what the action of the board was, as opposed to a situation where a decision might have been made while they were not present and a letter was intended to convey what happened. If they chose to litigate, there would be costs. The amount of damage there would have been to them by virtue of their reliance on that letter, thinking they had until December of 2008, was speculative. Commissioner Bob Ensler appeared and was given permission to speak. He declared the first CRA had been established 25 years ago. It did not have the same mission as the CRA did today. This CRA was established about five years ago. Mr. Tillman and Ms. Heavilin had been on it from the very beginning. The objective was to do what could be done to make Federal Highway and the Heart of Boynton what they should be. He listened to the discussions today and what Mr. Sims said and he was absolutely right. They needed to do something to make things happen. All of the discussion tonight had been counterproductive, in his opinion. They were there and he was there to try to make the City move forward. They all wanted to see a renaissance of Boynton Beach, but were having great difficulties. People who owned these kinds of properties were having difficulty. He did not think that having legal discussions was what was necessary today. He thought the lawyer should be quiet and have the businessmen step forward and say what could be done to try to make these projects go forward. It was not easy for the developers and it was not easy for the CRA. He could ask the board to try not to "hammer" the developers because it would not do anyone any good. Everyone had put a lot of time and effort into these projects. The developers had spent millions of dollars. The City had spent significant amounts of staff and CRA time and Commission time on all of these projects. He asked that something be done in a positive way. They were there to grow the City of Boynton Beach and he asked the CRA to find a way to do that. Chair Tillman responded for the CRA Board that the CRA had a mission and that was what they were up there to carry out. Part of the mission was the procedures and processes that were in place so this board could be a viable and credible one in terms of what they did. This was true whether they were taking action downtown or in any other community under their auspices. There had to be a credible organization that had some leeway in order to do business. He thought in order for them to carry out their business, it became necessary at times to follow in the directions they had to follow in. As Chair Tillman sat on the dais and participated in meetings and workshops, it was never easy, but part of the job was making sure what the agency did was seen to be credible and worthwhile. He believed in what was taking place at this meeting and what they were doing was necessary in order to carry out the procedures necessary to make this project work if, in fact, it was going to do so. Ms. Horenburger seconded the motion on the floor for discussion. Ms. Horenburger hoped this motion would bring them to the table, but she did not want to get into a lawsuit position. Ms. Bright said it had been challenging for staff not to be present when the site plan extension took place and having to deal with two different attorneys. She heard about the site plan extension from the Director of Planning & Zoning, who called her that it was filed at the end of the day. She certainly needed to know what the timeline was and she had always worked with Mr. Weisfisch. Her job was to manage fiscally and responsibly the public's money. If the timeline meant they were not going to be able to get this off the ground, Ms. Bright had to 27 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 come back to the board to say she did not want to set aside the $2M for the next year and use that for other projects. But, not having the personal dialogue about the intent of the developer to build the project, she could not give the board an informed decision about what was right. She appreciated the opportunity to go back to the developer. Some parameters had to be set, though, about how that communication was to go back and forth so the Commission felt a level of comfort the CRA was doing its job. Mr. Sims agreed with Ms. Bright's remarks. He thought they were being flexible and trYing to give this developer and others every opportunity to come before this board to give them the facts about why this was not moving forward and the details of a timeline. If the developer did not show up to the October meeting, that would tell him all he needed to know. The motion passed 7-0. Peter Sayer, representing Maxwell Real Estate Group, one of the partners involved with Boynton Ventures I, responsible for the development of 500 Ocean Plaza, asked to speak. He thanked Attorney Spillias for conveying the case correctly. They were very excited about the project. They appreciated the board's involvement. He had been at lunch and dinner meetings with Ms. Bright and looked forward to building a relationship with the board members he had not yet met. Obviously, the developers wanted this project to move forward and they had spent millions of dollars already to push it forward. They had been hampered by a six- month delay due to hurricanes. They had sent out an e-mail last week to that effect with some pictures of the fortified conduit they spent money on for Bellsouth. They had also relocated the FPL lines. They recently completed the buildout and construction of the sales center, for which they did receive a Certificate of Occupancy. The reason why he was there was to have representation at this meeting. They only found out about this being on the docket this day. Otherwise, Mr. Weisfisch would have been present. The same was true for Bonnie Miske/. They did send an e-mail and communication to the CRA board and the Commission and the Mayor last week. Also, the letter to Mike Rumpf to Planning & Zoning in the City did go out August 15. Ms. Bright advised staff had just received the letter at 5:30 p.m. Mr. Sayer's point was that if they had been given adequate time to present at this meeting and have legal counsel, they certainly would have done so and looked forward to the opportunity to do so. Attorney Spillias wanted to be clear that he was not advocating any course of action. He was giving the board its legal options and whatever choice it made, he would try to find a legal way to work it out. Mr. Sayer clarified he was not legal counsel and that legal representation for this project was by Bonnie Miskel and Bill Bloom. They looked forward to resolving this in the near future. The board indicated they also looked forward to that. F. Consideration of Donating Land to the Bovnton Beach CDC Ms. Brooks mentioned staff had direction from the board in July, specifically board member Horenburger, to work with the local CDCs to help to redevelop the community, leveraging the 28 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12,2006 CRA's resources, manpower, and dollars. The CRA purchased some property on Seacrest as part of the zoning change from commercial to residential. They informally called it the Parker properties. They proposed to split them into three lots, and the City supported that decision. Staff brought an RFP to the board and issued it. However, the legal notice that was published was inconsistent with the date of the actual RFP. Legal advised them they would have to go back to RFP to select a developer. One of the things the CRA could do was donate property or give it away, with notice. It had to be publicly noticed. In line with the board's request to work with the CDes, Ms. Brooks indicated the CDCs built affordable housing and that was their expertise. The Faith-Based CDC's expertise was mostly in affordable housing although they did some youth programs as well. They were a SOl(C)3 organization and a Community Housing Development Organization (CHDO), which meant they were qualified to do housing. They had done infill housing in the HOB and had three homes they were building in Cherry Hill right now. They had 100 clients they had gotten qualified through the SHIP program, the County and the City. They had over 200 clients in the pipeline who were either going through credit counseling or credit repair. They had ten individuals who were ready to buy homes, but the supply of homes for low-income to moderate-income individuals was rather limited. Ms. Brooks showed the sites to the board. She was talking to the property owner on the south end to complete it, but the three houses almost covered the whole block on which they were located. It would have a big impact on that one block to have three new homes there. The Faith-Based CDC had experience with low to moderate infill housing, obtaining SHIP dollars the clients needed to buy the homes, and working with a number of banks having special mortgage products. The Boynton Beach Faith-Based CDC was proposing three homes on Seacrest of 1,500 square feet, one-car garage, CBS, standing seam metal roof, drive, turnaround, and hurricane windows to help the homebuyers with their insurance. This was completely in line with the Heart of Boynton Redevelopment Plan. The essential workers would be targeted. They planned to distribute flyers, hold an open house, place newspaper ads, and work with buyers who were already in the pipelines. The homes would be sold for $224K if the land were free. There were two variables in housing: the land and the cost of construction. They could not do much about the cost of construction, but they could do something about the cost of the land. CRAs did it every day. Ms. Horenburger asked how much the land cost the CRA, and Ms. Brooks replied, $390K. Ms. Horenburger asked what the construction costs would be and Ms. Brooks responded they would be from $85K to $110K. Ms. Heavilin asked if anyone else had applied, and Ms. Brooks responded yes, Habitat for Humanity and she was meeting with them soon. She would talk to Mr. Campbell, the new Director of Habitat for Humanity, about possibly partnering on another lot Ms. Brooks wanted to bring before the CRA. Ms. Heavifin liked to see as many partners as possible for affordable housing. David Zimet of the Boynton Beach Faith Based CDC stated construction and predevelopment costs were roughly $200K. 29 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 Attorney Spillias pointed out a change to the staff report above Fiscal Impact. It spoke of having to advertise the intent to dispose of the land for 30 days prior to any transfers. It should say, "At least 30 days prior to any transfer." If the board moved forward with this, there would have to be a contract between the CRA and the CDC and the board would have to consider granting a waiver of conflict of interest for Mr. Spillias' firm, since it was engaged in business with the CDC on other matters. Mr. Myott asked if the homebuyers were assisted with any other down payment reductions in addition to the land. Ms. Brooks responded the buyers could use the HAP program. In affordable housing, the developer and the buyer both had to be subsidized because the gap was so large. Mr. Myott addressed a remark to Mr. Zimet about whether they could get that same house on all three lots. Mr. Zimet replied that according to the general contractor, who applied the footprint to the surveys, it could be done. Motion Rev. Chaney moved to approve the donation of the land to the Boynton Beach Faith-Based CDC. Ms. Heavilin seconded the motion that passed 7-0. Ms. Horenburger wanted assurance the motion covered the whole recommendation. Ms. Brooks indicated they would be bringing back a draft agreement for the board's approval. G. Adoption of the CRA FY 06-07 Budget Mr. Reardon proposed the board make a motion to adopt the budget as presented. Motion Ms. Horenburger moved to adopt the CRA FY 2006-07 Budget as presented. Rev. Chaney seconded the motion. The motion passed 7-0. Mr. Reardon reported he attended the Palm Beach County Board of Commission meeting and in their agenda, there was a record of the $2M grant the CRA had received from the County for the marina. Congratulations were given to Mr. Reardon for the hard work he put into this. H. Review of Executive Director Performance Appraisal Dr. Linsey Willis reviewed the Executive Director's Performance Appraisal results and made recommendations. Due to technical difficulties, the consensus of the board was to skip to New Business and return to this item shortly. x. New Business A. Purchase Agreement for Vacant Lot Adjacent to Ocean Breeze Ms. Brooks mentioned this was the parcel she had spoken of previously. It fronted on Seacrest and was a commercially zoned lot. It cut into the west side of the Ocean Breeze site plan, meaning he could never have the full frontage of Seacrest. Staff recommended buying this property, regardless of the ultimate developer. They thought it would provide Seacrest 30 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12, 2006 frontage, corner to corner, on the west side. The property was appraised for $470K. Mr. Peters, the owner, had agreed to sell at that price. Ms. Horenburger asked how large the parcel was, and Ms. Brooks responded it was half an acre in size. Last year, the owner was asking $550K, so this was a better price. Ms. Brooks commented this property would be held as an incentive to help develop the Ocean Breeze project. . Motion Mr. Norem moved to approve the entering of a purchase agreement with Peters Boynton Terrace, LLC for $470K. Mr. Myott seconded the motion that passed 7-0. B. Purchase Agreement - A Parcel Located in Cherry Hill Motion Ms. Horenburger moved approval of this item. Mr. Norem seconded the motion that passed 7-0. C. Consideration of Resolution No. 05-15 Per Diem Travel Reimbursement Motion Mr. Norem moved to approve Resolution No. 05-15. Rev. Chaney seconded the motion that passed 7-0. H. Review of Executive Director Performance Appraisal (Continuation) Dr. Linsey Willis, consultant, distributed copies of a presentation entitled Executive Director, Annual Performance Appraisal (2006): Individual and Final Overall Competency Scores. Dr. Willis addressed the Sunshine Law in relation to this project, saying she had been the only person that had seen what she had just distributed to the board. The first page of the report was a compilation of staffs independently derived scores. The second page was the Executive Director's self-appraisal. The third page was the Board of Directors' independently derived scores. The final page was a performance summary. None of the employee raters were able to see any of the other employee's scores. The final overall consensus score across Six raters was 4.4 on the Leadership Sub-Component Individual/Competency Scores. Any dashes that appeared in the score sheet were attributed to an employee who did not feel a rating could be given due to a relatively short period of acquaintance with Ms. Bright. According to Dr. Willis, Ms. Bright's highest score was in the category of adaptability. Ms. Bright's final score was 5.55 and a final score of 4 to 5 "will/should/may" result in a 7% increase in salary. Dr. Willis recommended a 7% increase. Chair TIllman asked Dr. Willis to elaborate on the basis of the percentage of increase as compared to the scoring. Dr. Willis responded salary increases of 3-4% were the current industry average, although they barely kept up with inftation. The numbers were based on a 31 Meeting Minutes Community Redevelopment Agency Boynton Beach,. Florida September 12, 2006 pay for performance kind of system, since the board did not have anything else. They had no stock options, for example. Ms. Horenburger commented Ms.. Bright had done an outstanding job under very difficult circumstances and she would definitely support at 7% increase in pay. Further, she would like to see the board grant Ms. Bright a one-time bonus for the period of time that she had spent restructuring the CRA organization. Rev. Chaney inquired if this would require amending the budget, and Mr. Reardon responded the 7% increase would only take effect from August 14 through September 30, 2006. The new salary would then go into effect. No budget adjustment would be necessary. Ms. Bright commented when they revised their plans in January after the salary survey, the board made a decision CRA staff should not lead or lag the market in salaries. Ms. Bright was willing to stay at the bottom of the scale for a time. However, she would be disappointed if she were not making what she supported for her contemporaries and colleagues. This was why they came up with $115K. That was the midpoint range of what had been approved. Although she had chosen to take a reduced income for the last eight months, the expectation was that somewhere along the line, she would be paid in the middle of the range. Rev. Chaney and Mr. Myott expressed support for a 7% increase. "Mr. Norem praised Ms. Bright for her performance and looked forward to a continuance of that performance. Mr. Myott agreed with the praise he had heard for Ms. Bright and the job she had done. He thought the consistency of the staffs ratings was impressive. He supported going to the mid- range of what was common for a person in this position since Ms. Bright was obviously performing at that level. Mr. Sims commented that a common thread in the evaluations from staff seemed to be a need for staff to receive feedback from Ms. Bright for the job they were doing day-to-day. He was pleased to see Ms. Bright had recognized this in her self-evaluation. Mr. Sims asked how the board member comments were handled. He had made comments and he hoped Ms. Bright would receive his comments. Dr. Willis suggested if board members had comments they wanted to transmit to Ms. Bright, they should put them in writing and send them to Dr. Willis, who would compile them in a final document she would share with Ms. Bright. She encouraged the board members to submit written feedback, which she believed was more informative than just scores. Mr. Sims expressed support for the 7% increase in salary for Ms. Bright. Ms. Heavilin was glad to see the staff ratings were positive, since at the time Ms. Bright came on board, morale was at an aI/-time low. She expressed appreciation to Ms. Bright for the job she had done to turn the organization around. Ms. Heavilin asked if 7% would bring Ms. Bright to the midpoint, where she needed to be. Mr. Reardon commented he understood from the board's comments that Ms. Bright would be given a 7% increase from her current salary from August 14, 2006 through September 30, 2006. As of October 1, the new fiscal year, the budget figure would take over. Ms. Heavilin asked what the gap would be between the 7% increase and what happened in October. Mr. Reardon said it was about the same amount, 7%. Ms. Bright stated this is what she tried to explain earlier. In January, the board wanted to keep Ms. 32 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12,2006 Bright's salary where the former director was, evaluate her performance in six months, and that was where it ended up. Chair Tillman was glad they had used Dr. Willis' instrument because it allowed everyone to comment and provide input towards the final result. Now, the board had a valid instrument they could use instead of the former method. He felt it was important to close the gap in Ms. Bright's salary. Chair Tillman was pleased about where the CRA stood today as an agency. He felt the board needed to approve the 7% and cover the gap, with whatever number was necessary to do that. Ms. Horenburger stated Ms. Bright's performance had been even better than anticipated and under very challenging conditions. Motion Ms. Horenburger moved to approve a 7% increase in salary for Ms. Bright, effective retroactively to August 14, 2006 and a one-time $5K bonus to cover the last eight months of very challenging work. Ms. Heavilin seconded the motion. Mr. Reardon confirmed his understanding there would be a 7% increase from August 14, 2006 through September 30, 2006 on Ms. Bright's current salary. As of October 1, 2006, the salary in the budget would take effect. He would pay Ms. Bright $5K before the end of September, because it was in this year's budget, but not in next year's budget. Attorney Spillias asked if the motion included the reason for the increase was that during the last eight months Ms. Bright had performed beyond expectations when she was hired at the low point of the salary range. The motion was approved 7-0. Ms. Bright appreciated the board's vote of confidence with the raise and the praise she received from staff and the board. XI. Comments by Staff Ms. Margee Adelsperger, Marketing and Communications Manager for the CRA, gave a PowerPoint presentation on the Boynton Beach Boulevard Extension and Promenade project. She related the good news that Gail Hamilton, the current President of the FRA, contacted Ms. Adelsperger to congratulate the board for winning this year's Roy F. Kenzie award for the Boynton Beach Boulevard Promenade Park project. The Kenzie award program was designed to honor the best capital projects and beautification projects in Florida Redevelopment. This year's FRA Conference would be held from October 17 to the 20th and the award luncheon would be on Wednesday, October 18. This would provide great local and national news exposure for the Boynton Beach CRA. XII. Comments by Executive Director Ms. Bright noted some board members would be attending the IDA Conference and they would not be present for the October meeting. Because of this, she asked the board to confirm having 33 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida September 12,2006 October 25 as the official date of the board meeting, since she had gotten consensus on this date from five board members. The next CRA board meeting would be held on November 14. Ms. Heavilin and Rev. Chaney commented they would not be able to attend the October 25 meeting due to prior commitments. Ms. Bright asked the board if they wished to combine the two meetings on November 14 and have a really large agenda. The Chair asked the meeting to be held on October 25. Ms. Bright declared there had been another response from Detective Gitto regarding the Luchey case. Mr. Tillman sent Mr. Luchey a letter letting him know the CRA was not purchasing the property from them. When Detective Gitto closed out the case, Ms. Bright would be able to bring the matter back to the board in October. XIII. Comments by Board Attorney Attorney Spillias noted a family member had sent him an article from The Washington Post newspaper reviewing the movie The Boynton Beach Club. The Washington Post loved it and referred to Boynton Beach as "the famous South Florida resort town." The Boynton Beach CRA was making a mark. XIV. Comments by CRA Board Ms. Horenburger inquired whether all the way-finding signs were up and Ms. Bright responded they were. XV. Adjournment Since there was no further business before the board, the meeting was duly adjourned at 10:28 p.m. Respectfully submitted, ~~J Susan Collins Recording Secretary (091306) 34 ~ VI. CONSENT AGENDA: B. APPROVAL OF THE MONTHLY FINANCIAL RESULTS SEPTEMBER 30TH, 2006 ~~~~Y~TelRA iI East Side- West S.,de-Seas,de Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: October 25, 2006 AGENDA ITEM: I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: MONTHLY FINANCIAL REPORT SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending September 30, 2006. FISCAL IMPACT: As of September 30,2006 the CRA had received 80.91 % of expected revenue and expended 70.42 % of its appropriations for fiscal 2005-2006. RECOMMENDATIONS: NA ~{~ Robert T. Reardon, Assistant Director / CFO T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 1025 CRA Board Meeting\Monthly Financials.doc ..... r-" Cl r:l H g~ ~~ ~ ~ ~~~ UP:O OM 13< :I:1'iIP: ~P:1'iI r&lCI)~ In~r:l " L ~!Z: >tr&l" 013<r.. 1n~0 r&I CI) ~o( ~ ~ ~ ~ I'"- .... 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N NN NN NN E-< > 0 N E-< r>:I 0< 0 00 00 00 0 r>:I ..... 0 0) A U E-< l>: ~ VI. CONSENT AGENDA: C. REVIEW AND ADOPTION OF MORTGAGE, NOTE AND AGREEMENT FOR THE HOMEBUYERS ASSISTANCE PROGRAM (HAP) '._;'~ ~~~~Y~T2~ eRA Ii East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: October 25, 2006 AGENDA ITEM: I X I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Reyiew and Adoption of Mortgage, Note and Agreement for the Homebuyers Assistance Program (HAP) SUMMARY: The attached Mortgage Deed, Note and Agreement are for use with the Homebuyers Assistance Program. In effect, the documents ensure that the program funds are used as intended by securing the property. Once approyed, the mortgage and note template will be proYided along with the program guidelines to potential HAP clients. FISCAL IMPACT: The Mortgage Deed and Note ensure that eRA funds will recycle back into the HAP. RECOMMENDA TIONS: Approve the form of the Mortgage Deed, Note and Agreement for the Homebuyers Assistance Program. JJ&~t-s Vivian L. Brooks eRA Planning Director C:\Documents and Settings\kspilllas\Local Settings\Temporary Internet Files\HAP Mortgage.doc Page 1 of2 Boynton Beach Community Redevelopment Agency Homebuyer Assistance Program Agreement In order to further its goal of creating affordable housing opportunities, the Boynton Beach Community Redevelopment Agency (Grantor) hereby grants financial assistance in the amount of $ pursuant to its Homebuyer Assistance Program (Program) to (Grantee/s) to purchase real property described as: Insert Legal Description (Property) In exchange for the funding the Grantee/s understand and agree to the following terms and conditions. It is further understood by recipient that a lien shall be placed on the real property described above. 1. Grantee/s state that all information submitted to the Grantor in order for the Grantor to determine eligibility for the program is true and correct. 2. Grantee/s hereby state that the purchase price of the Property does not exceed $280,000, 3. Grantee/s hereby state that the amount of Program funding is not more than 50% of the cost of the Property. 4. Grantee/s hereby state that they have not owned a residence within the last three years prior to the purchase of the Property. 5. Grantee/s state that they understand that the grant amount will be secured by a second or third mortgage on the Property. a. The mortgage interest rate shall be 0% unless any of the following occur: 1. The property is no longer occupied by the Grantee as their full time residence; 11. The grantee secures a line of credit, equity loan, etc. secured by the Property without the written consent of Grantor. 111. The property is leased. b. In the event that the Grantee/s sells the property to a non- income qualified buyer (a family whose income exceeds 120% of median household income for Palm Beach County), leases the property, refinances the property or T:\GRANTS\Home Buyer Assistance\Agreement HAP.doc Page 2 of2 does not reside in the property as their full-time residence, the full sum of the Grant plus interest of 4% annum from the date of this agreement shall be due and payable. 6. Grantee/s state that they understand that upon the sale of the property within the first five (5) years of ownership, the Grantee/s must pay eighty percent (80%) of the equity (determined by a fair market appraisal) to the Grantor. During years six (6) through twenty (20), fifty percent (50%) ofthe equity shall be payable to the CRA. During years twenty-one (21) through thirty (30), fifteen percent (15%) of the equity is payable to the CRA. The Grantor's share of equity is due at closing. 7. The Grantor reserves the right of first refusal to purchase the Property at the fair market appraised value. Grantee must notify Grantor in writing of their intent to sell. The Grantor shall have 45 days from the date of receipt of intent to sell, to exercise the right to purchase. Grantor shall notify Grantee in writing of the decision. 8. Grantee acknowledges that it has received a Loan Assistance Note and Mortgage of even date with this Agreement and is familiar with, understands and accepts the terms and conditions contained therein as well as the terms and conditions contained in this Agreement. For Grantor: Boynton Beach Community Redevelopment Agency For Grantee/s: CRA Chair Signature Print Name Date: Signature Print Name T:\GRANTS\Home Buyer Assistance\Agreement HAP.doc MORTGAGE DEED FOR GAP MORTGAGE ASSISTANCE THIS MORTGAGE DEED executed this _ day of , 2006 by whose address is (hereinafter called the "Mortgagor"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, Florida Statutes, whose address is 639 East Ocean A yenue, Suite 107, Boynton Beach, Florida 33435 (hereinafter called "Mortgagee"): WITNESSETH: That for good and yaluable consideration, and also in consideration of the aggregate sum named in the promissory note of eyen date herewith, hereinafter described, the Mortgagor hereby grants, bargains, sells, promises, conyeys and confirms unto the Mortgagee all the certain land of which the Mortgagor is now seized and in possession situated in Palm Beach County, Florida, to-wit: Le2al Description {INSERT LEGAL DESCRIPTION} Property Address: THIS IS A THIRD MORTGAGE, subject to the first Mortgage from Mortgagor to , in the original principal amount of $ and a second mortgage from Mortgagor in fayor of the City of Boynton Beach (hereinafter "City") in the original principal amount of $ TO HAVE AND TO HOLD the same, together with the tenements, hereditaments and appurtenances thereto belonging, and the rents, issues, and profits thereof, unto the Mortgagee in fee simple. AND the Mortgagor covenants with the Mortgagee that the Mortgagor is indefeasibly seized of said land in fee simple; that the Mortgagor has good right and lawful authority to conyey said land as aforesaid; that the Mortgagor will make such further assurances to perfect fee simple title to said land in the Mortgagee as may reasonably be required; that the Mortgagor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoeyer; and that said land is free and clear of all encumbrances other than the certain first and second mortgages referenced aboye. PROVIDED AL WAYS, that said Mortgagor shall pay unto said Mortgagee a certain promissory note hereinafter substantially copied or identified, to-wit: MORTGAGE DEED FOR GAP MORTGAGE ASSISTANCE Page 2 of5 See Attached Exhibit A AND the Mortgagor hereby further coyenants to occupy the subject premises as its principal residence and further coyenants that if the subject premises is leased, sub-leased or otherwise deyised or assigned to any person or entity during the term of the first mortgage then the principal shall become due and payable in full together with interest at four percent (4%) p.er annum calculated from the time of purchase. AND upon sale of the property within the first fiye (5) years of ownership Mortgagor must pay eighty percent (80%) of the equity in the property (as determined by fair market appraisal) to Mortgagee and the City proportionate to the amount of funding receiyed from each. During years six (6) through twenty (20) of ownership Mortgagor shall pay to the Mortgagee and City fifty percent (50%) of the equity in the property upon sale and during years twenty-one (21) through thirty (30) fifteen (15%) of the equity in the property shall be paid to the Mortgagee and City proportionate to the amount of funding received from each. AND Mortgagor shall perform, comply with and abide by each and eyery agreement, stipulation, condition and coyenant in the Note, this mortgage and the Homebuyer Assistance Program Agreement attached hereto as Exhibit "B" and incorporated herein by reference (hereinafter "Agreement"). AND the Mortgagor hereby further coyenants and agrees to pay promptly when due the principal and interest, if any interest shall be due, and other sums of money proyided for in said Note and this mortgage, or either; to pay all and singular the taxes, assessments, leyies, liabilities, obligations, and encumbrances of eyery nature on said property; to keep the property in good repair and to permit, commit or suffer no waste, impairment or deterioration of the property or any part thereof, except for reasonable wear and tear, so as to be in compliance with the Minimum Housing Code of the City of Boynton Beach, Florida at any time; to keep the buildings now or hereafter existing on said land fully insured in a sum of not less than market yalue with a company or companies acceptable to the Mortgagee, the policy or policies to be held by and payable to said Mortgagee, and in the eyent any sum of money becomes payable by yirtue of such insurance the Mortgagee shall haye the right to receive and apply the same to the indebtedness hereby secured, accounting to the Mortgagor for any surplus; to pay all costs, charges and expenses including attorney's fees and title searches reasonably incurred or paid by the Mortgagee because of the failure of the Mortgagor to promptly and fully comply with the agreements, stipulations, conditions and coyenants of said Agreement, Note and this mortgage; to perform, comply with and abide by each and eyery of the agreements, stipulations, conditions and coyenants set forth in said Agreement, Note and this mortgage. In the eyent the Mortgagor fails to pay when due any tax, assessment, insurance premium or other sum of money payable by virtue the Agreement, Note and this mortgage, the Mortgagee may pay the same, without waiying or affecting the option to foreclose or any other right hereunder, and all such payments shall bear interest from date thereof at the highest lawful rate then allowed by the laws of the State of Florida. AND IN THE EVENT of a voluntary sale or foreclosure, Mortgagor shall first proyide notice of same to Mortgagee who shall haye the first right to purchase the property from the Mortgagor for MORTGAGE DEED FOR GAP MORTGAGE ASSISTANCE Page 3 of5 the fair market yalue of the property as determined by a current certified appraisal. Mortgagee shall haye fifteen (15) calendar days after the date it receives a copy of the proposed contract to determine whether to exercise its right to purchase hereunder by sending written notice to the Mortgagor (it being understood that Mortgagee's purchase price shall be the lesser of that set forth in said appraisal or proposed contract). Such notice shall reserve thirty (30) additional days for Mortgagee to complete all necessary preparations and close. AND IN THE EVENT any sum or money herein referred is not promptly paid within thirty days after the same becomes due, or if each and eyery agreement, stipulation, condition and coyenant of said Agreement, Note and this mortgage, are not fully performed, complied with and abided by, then the entire sum unpaid thereon, shall forthwith or thereafter, at the option of the Mortgagee, become and be due and payable, anything in said Note or herein to the contrary notwithstanding. Failure by the Mortgagee to exercise any of the rights or options herein proyided shall not constitute a waiyer of any rights or options under said Note or this mortgage accrued or thereafter accruing. AND IN THE EVENT Mortgagor elects to refinance the Property, Mortgagor shall repay the entire principal balance in full together with interest at four (4%) per annum calculated from the time of purchase. MORTGAGOR hereby acknowledges receipt of the Agreement and has familiarized itself with the terms and conditions contained therein, said terms and conditions being incorporated herein by this reference and binding upon Mortgagor. MORTGAGOR SHALL NOT execute an assumption or in any way conyey its obligations under this mortgage or Note secured hereunder without the proper written consent of Mortgagee. IN WITNESS WHEREOF, the said Mortgagor has hereunto signed and sealed its presence the day and year first above written. WITNESSES: BORROWER(S): Print Name: Print Name: Print Name: Print Name: MORTGAGE DEED FOR GAP MORTGAGE ASSISTANCE Page 4 of5 STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this _ day of , 2006 by , who is/are personally known to me or who has produced as identification and who did/did not take an oath. (Seal) Notary Public: Print Name: State of Florida at Large My Commission Expires: MORTGAGE DEED FOR GAP MORTGAGE ASSISTANCE Page 5 of5 Exhibit "A" GAP MORTGAGE PROMISSORY NOTE Amount: $ Date: FOR VALUE RECEIVED, the undersigned jointly and seyerally promise to pay to. the order of the City of Boynton Beach, Florida (herein referred to as "Mortgagee"), the sum of ($ ), without interest, in lawful money of the United States, at 639 East Ocean Ayenue, Suite 107, Boynton Beach, Florida or at such other place as the Mortgagee may designate in writing. This Note is giyen in accordance with the terms of and eyidences a gap mortgage loan giyen by the Mortgagee for the excIusiye purpose of: acquisition of an existing single family residential unit; acquisition and rehabilitation of an existing single family residential unit; construction of a single family residential unit; lot acquisition and construction of a single family residential unit; or acquisition of an existing townhome or condominium; which the undersigned will occupy as their principal residence. THE UNDERSIGNED RESERVE(S) the right to repay at any time all or any part of the principal amount of this Note without the payment of penalties or premiums and thereby remoye the mortgage on the property securing this Note, proyided that the cost of remoyal of said mortgage plus all other fees inyolyed will be borne by the undersigned. THE MORTGAGEE AND THE UNDERSIGNED seyerally waiye(s) demand, protest and notice of maturity, non-payment or protest and all requirements necessary to hold each of them liable as makers and endorsers. THE UNDERSIGNED further agree, jointly and seyerally, to pay all costs of collections including a reasonable attorney's fee in case the principal of this Note or any payment on the principal or any interest thereon is not paid at the respectiye maturity thereof, or in case it becomes necessary to protect the security hereof, whether suit be brought or not. THIS NOTE is secured by a mortgage of eyen date herewith and is to be construed and enforced according to the laws of the State of Florida; and upon default in payment of the principal when due, the whole sum of principal and remaining unpaid balance shall, at the option of the City, become immediately due and payable. BORROWER(S): Print Name: Print Name: ~ VI. CONSENT AGENDA: D. SELECTION OF PROPOSAL FOR THE MAINTENANCE OF THE BOYNTON BEACH BLVD. PROMENADE. (Backup sent to eRA Board under separate cover.) 1~~<iY~T8~ eRA Ii East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: October 25,2006 AGENDA ITEM: x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Selection of proposal for the maintenance of the Boynton Beach Blvd. Promenade SUMMARY: The CRA issued an RFP for the ongoing maintenance of the newly constructed Boynton Beach Blvd. Promenade. Maintenance includes quarterly pressure washing of hard sea pes, replacement and/or repair of hardscape features. Two proposals were received; one from Burkhardt Construction for $110,720 and the other from The Growing Concern Tree and Landscape Inc. for $105,396. Trash removal and landscape maintenance is handled by the City and paid for by the CRA. FISCAL IMPACT: Funding for the hardscape maintenance will come from general revenue. RECOMMENDATIONS: Staff recommends using Burkhardt Construction for the annual maintenance of the Boynton Beach Blvd. Promenade. ~& Vivian L. Brooks CRA Planning Director T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 1025 CRA Board Meeting\Promenade Maint..doc ~ VI. CONSENT AGENDA: E. SELECTION OF PROPOSER FOR THE REGULATORY MONITORING OF THE MANGROVE MITIGATION AREA AT JAYCEE PARK. (Backup sent to eRA Board under separate cover.) r 1~~qY~Te~CRA iI East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: AGENDA ITEM: October 25,2006 x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Selection of proposer for the regulatory monitoring of the mangrove mitigation area at Jaycee Park. SUMMARY: The CRA was required to mitigate the loss of mangroves due to the development of the Boynton Beach Boulevard Promenade. The mitigation area is located at Jaycee Park. Per the Army Corp. of Engineers and South Florida Water Management District permits, this area must be maintained and monitored for compliance with the permits for five years. The CRA requested proposals to monitor the mitigation area and received four proposals. The pricing of the proposed work ranged from $8,865 to $34,500. FISCAL IMPACT: $14,500 annually from general revenue for the five year regulatory monitoring period. RECOMMENDATIONS: Based on price and knowledge of the project, staff recommends entering into a contract with Kimley- Horn and Associates, Inc. for the regulatory monitoring of the mangrove mitigation area at Jaycee Park. ~. CRA Planning Director T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 10 25 CRA Board Meeting\Mangrove monitoring.doc ~ VI. CONSENT AGENDA: F. SELECTION OF PROPOSER FOR THE MAINTENANCE OF THE MANGROVE MITIGATION AREA AT JAYCEE PARK. (Backup sent to eRA Board under separate cover.) 1~~qY~Te~ eRA ill East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: AGENDA ITEM: October 25, 2006 x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Selection of proposer for the maintenance of the mangrove mitigation area at Jaycee Park. SUMMARY: The CRA was required to mitigate the loss of mangroves due to the development of the Boynton Beach Boulevard Promenade. The mitigation area is located at Jaycee Park. Per the Army Corp. of Engineers and South Florida Water Management District permits, this area must be maintained and monitored for compliance with the permits for five years. The scope of work includes monthly removal of non-native invasive plants and trash. The proposer will also be required to provide monthly reports to the CRA on the health of the mitigation area. The CRA requested proposals to maintain the mitigation area and received five proposals. The pricing of the proposed work ranged from $14,404 to $36,000 annually. FISCAL IMPACT: $19,404 annually for five years. Funds to come from general revenue. RECOMMENDATIONS: Based on experience with the scope of work and pricing, staff recommends entering into a contract with Native Technologies for the regulatory maintenance of the mangrove mitigation area at Jaycee Park for a five year period. ~~ Vivian L. Brooks CRA Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 1025 CRA Board Meeting\Mangrove maintenance.doc ~ VI. CONSENT AGENDA: G. SELECTION OF PROPOSER FOR THE CREATION OF A GEO-DA T ABASE FOR THE eRA. (Backup sent to eRA Board under separate cover.) r 1~~qY~Te~ eRA ill East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: AGENDA ITEM: October 25, 2006 x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Selection of proposer for the creation of a geodatabase for the CRA. SUMMARY: The CRA requested proposals for the creation of a geographic information database for the CRA. The database will be used to track businesses, commercial vacancies, new development, public improvements and to create maps for the CRA's website. The end product will allow CRA staff to input data and query the datasets to create reports such as commercial vacancy, number of businesses in the CRA, etc. Three proposals were received ranging from $5,000 to $30,000. FISCAL IMPACT: $9,980, to come from general revenue. RECOMMENDATIONS: Based on price and knowledge of the area, staff recommends entering into a contract with Geoweb for the development of a geodatabase for the CRA. ~ CRA Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 10 25 CRA Board Meeting\Geodatabase.doc ~ VI. CONSENT AGENDA: H. SE 4TH STREET IMPROVEMENT PROJECT DESIGN eHANGE REeOMMENDATION. r l~qY~Te~le RA ill East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: October 25,2006 AGENDA ITEM: I X I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: SE 4th Street Improvement Project Design Change Recommendation SUMMARY: The SE 4th Street Improvement Project is 90% designed and permit applications have been made to the applicable permitting agencies. The project is on track to go to bid in January. However, there is one outstanding issue that needs to be resolved. One of the components of the projects is to replace and relocate the existing wooden power poles with concrete power poles. The new concrete power poles would encroach approximately 14" into the rear of new sidewalk. After discussions with FP&L, FP&L Fiber Net, BellSouth and Adelphia Cable, the Utilities Department has learned that this process would take at least one year and would have to occur prior to the start of construction of the project. An option to the above scenario would involve a change in design of the approved plan. The wooden power poles could be left in place with only the deteriorated ones being replaced. Construction of the project would then continue on schedule. The existing streetlights will be removed from the wooden power poles and new streetlights will be installed in the median. FISCAL IMP ACT: None, however there may be a potential cost savings, but this will need to be confirmed by the project engineer. Additionally, by getting into construction on schedule, we greatly reduce the escalation of critical construction commodities such as concrete, asphalt and steel pipe. RECOMMENDATIONS: Approve the design change to the project so that it may move forward expeditiously. 0JrA'bJ~ Vivian L. Brooks CRA Planning Director T:\PLANNING\SE 4th Streetscape\Agenda Design Change.doc ~ VI. CONSENT AGENDA: I. UNIFORM RETIREMENT PEReENTAGE FOR CRA EMPLOYEES. /'; ~.t2:~ ,/:"""\ . ." ~~~qY~Te~eRA jIi East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: OeTOBER 25. 2006 AGENDA ITEM: x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Uniform Retirement Percentage for CRA Employees SUMMARY: Currently there are two retirement rates for CRA employees. This bifurcation occurred on November 8, 2005 at a regular CRA Board meeting. At that meeting the Board voted to make the employer's retirement contribution (401 a) a combination ofthe C.P.1. as referenced in the Wall Street Journal as of October I st of any year, and a two (2%) percent differential to arrive at the rate for retirement calculation. For example, a CPI rate of 4.1 %, plus 2.0 % would mean that the rate of Employer contribution for that year was 6.1 %. The Employers contribution would then be determined by multiplying the enhanced rate (CPI + 2%) by the employee's annual salary. The Board further stipulated that Ms Vivian Brooks would be entitled to $6,000 in retirement benefits irrespective of the enhanced rate. This meant that if an enhanced rate resulted in Ms Brooks receiving $5,000 as an employer contribution, the Finance department would be mandated to contribute an additional $1,000.00 to her 401(a) plan. Thus we created a two tierd system. To further complicate matters, the Government no longer tracks two leading elements in the CPI; namely, energy costs and the M-3 (money velocity marker). The elimination ofthese two major factors artificially lowers the CPI number. This new CPI rate thus increases the disparity between Ms Brooks' rate and the rest of the staff. FISCAL IMPACT: Ms Brooks' rate this year would be 6.977 %, while the balance of the staff would be 4.1 %. As a rate of 6.1 % was anticipated in the FY 06-07 budget, the difference of .0877%, or less than $4,000.00, could easily be handled. RECOMMENDA TIONS: Each year base the retirement rate for the entire staff on the same rate Vivian Brooks is calculated on. tLft~ Robert T. Reardon Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 1025 CRA Board Meeting\Retirement Calculations for Staff. doc V. Old Business - Postponed Items from November 8, 2005 eRA Board Meeting A. Resolution 05-06 to establish 401 (a) Contributions for Salaried Staff Ms. Bright reported that at the November 8, meeting, Attorney Spillias had advised this type of contribution is usually expressed as a percentage and that it had to be the same for each individual. Mr. Reardon, Finance Director, indicated legal advice from Lewis and Longman's attorney in Tallahassee also dictated that the vote should be unanimous. Also, Mr. Hutchinson promised Ms. Brooks, Planning Director, 10% or $6,000 per year for this contribution. Mr. Reardon confirmed he had seen documentation between the former Director and the former Controller, Susan Vielhauer, for 10% per year. The former Director extended the same offer to Ms. Brooks. Mr. Fenton voiced the opinion that in matching plans, it was customary to have a percentage such as the Consumer Price Index (CPI) plus 2%, or about 4%, but 10% was too much. He believed Ms. Brooks was entitled to it, but did not know how to go about resolving it legally. The Board discussed various ways of resolving this. Mr. Reardon confirmed the percentage was the employer's contribution. Staff can put in whatever they decide, up to the legal limit of the Internal Revenue Service. Mr. Fenton supported a rate of CPI plus 2% for the employer's basic contribution. The current CPI is 2% to 2.5%, so this would be like the norm or about 5%. The goal was to beat the inflation rate by a decent percentage. Ms. Horenburger favored a flat percentage instead of having it tied to the index. The Board decided to tie the employer's contribution to the CPI for a year at a time, beginning on October 1 each year. Motion Mr. Fenton moved to establish a percentage of employer contribution for 401 (a) accounts for salaried staff tied to the Consumer Price Index as published by the Wall Street Journal plus 2% as of October 1 each year. Mr. Barretta seconded the motion that passed 5-0. Motion Ms. Horenburger moved to calculate an annual increase in salary equal to what Ms. Brooks would be receiving if she were being compensated the promised 10%. Mr. Barretta seconded the motion that passed 5-0. Motion Ms. Horenburger moved to make the salary increase for Ms. Brooks in the previous motion retroactive. Mr. Barretta seconded the motion that passed 5-0. Mr. Reardon will amend the Resolution to reflect the second motion. B. Consideration to allow CRA Staff to opt out of major benefits and potentially receive 50% of the savings Ms. Bright declared some staff members wished to save the CRA money in the form of benefit payments, since they had other options for health, life, and medical insurance. If they opted out, she inquired whether they would be able to receive 50% of the savings. The CPA and the Board Attorney declared this was a standard business practice called cafeteria compensation. Motion Mr. Barretta moved approval for CRA staff to opt out of major benefits except 401 (a), per the Agenda Item Request form in the packet. Mr. Fenton seconded the motion that passed 5-0, ~ VI. CONSENT AGENDA: J. PALM BEACH eOUNTY TCEA & INCENTIVES COMPLIANCE. ~Vi/"" ;';"''' './~~'I..: r r;t::~~.I!:~. ~t, ~~~qY~Te~rCRA - East Side-West Side-Seaside R~naissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: October 25, 2006 I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: TCEA Compliance SUMMARY: Attached is a complete package (portions previously forwarded to the board for review) from Palm Beach County regarding the agency's need to provide documentation, support and recommendations for complying with the County's request. At this juncture, staff is compiling data from our Treasure Coast Regional Planning Council study complimented by the FlU Housing Needs Assessment to bring forth recommendations for compliance and prepare a response to the County. This is a joint effort between City staff and CRA staff. FISCAL IMPACT: None. RECOMMENDA TIONS: To be determined. Ct- . sa Bright, Executi ~ r- T;\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\0610 25 CRA Board Meeting\TCEA Compliance.doc ~tlI~~Y~TelRA WEast Side....West S.'de....Seaside Renaissance MEMORANDUM TO: CRA Board FROM: Lisa Bright, Executive Director RE: Palm Beach County TCEA & Incentives Compliance DATE: October 3, 2006 The attached letter is background information regarding the CRA's responsibility for the Traffic Concurrency Exemption Area (TCEA) as well as County requirements for affordable housing incentives. Staff is preparing the RFP to ensure the traffic study occurs in a timely manner. Staff will make sure the study includes our trolley program which is required to meet the County requirements. Additionally, at the October 25, 2006 CRA Board meeting staff will bring forward the Direct Incentive Funding Agreement for the Cornerstone Group's project: The Preserve. The Preserve will have 50 affordable units out of a total of 180. This project will meet county requirements for affordability. Please let me know if you need any additional information. lib 915 South Federal Highway Boynton Beach, Florida 33435 Ph: 561-737-3256 Fax: 561-737-3258 www.boyntonbeachcra.org \ DRAFT Hon. Tony Masilotti, Chairman Palm Beach County Board of Commissioners 301 N. Olive Avenue West Palm Beach, FL 33401 September 21,2006 Re: TCEA Status Report Dear Chairman Masilotti: Staff is in receipt of a copy of a memorandum dated September 11, 2006 from George Webb, County Engineer to the Board of County Commissioners in which he asserts that, pursuant to the submission of its first Transportation Concurrency Exception Area (TCEA) Status Report that the City of Boynton Beach was not in compliance with the conditions of the TCEA. The following is the City's response to this memorandum. Specifically, this assertion of non-compliance finding involves two conditions. The first concerned the implementation of the affordable housing component of the Direct Incentive Program of the City's Community Redevelopment Agency (CRA). Under this program affordable units are made available for households with incomes between 80% and 100% of the median household income in Palm Beach County. In addition these units must remain affordable for at least 10 years. The non-compliance determination in this case resulted from a statement in the City's report indicating that the "CRA Direct Incentive Program is under Review..." Although the condition states that the program must be operational by January 2005, the program was, in fact, operational well prior to the adoption of the TCEA. Nevertheless, in May of 2006 the CRA was re-examining the effectiveness of the program in light of changing conditions in the local housing market. A revised program was subsequently adopted in July of 2006. The second non-compliance determination involves the failure of the City to undertake a detailed transit study to develop a local transit circulator plan that would either complement or supplement the service provided by Palm Tran in the TCEA area. Instead of conducting a transit study the City proceeded with the implementation of a local transit circulator system (trolley) in July 2005. Inasmuch as the first of the development projects approved in the TCEA, which would impact traffic, and transit ridership in the area is not scheduled for completion until the fall of 2006, the city will undertake the required study in January 2007. This will provide the baseline data that can be used for future coordination of the trolley system with Palm Tran. Please feel free to contact Quintus Greene, Development Director or Michael Rumpf, Planning Director if you have any questions or require any additional information. Sincerely, Kurt Bressner City Manager cc: Mayor and City Commissioners Mr. George Webb, County Engineer Ms. Lisa Bright, CRA Director L/ ~s/J ((r r lb.e City 0/ Boyn ton Beach OFFICE OF THE CITY MANAGER 100 E Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Rorida 33425-0310 City Managers Office: (561) 742-6010 FAX' (561) 742-6011 e-mail: bressnerk@d.boynton-beach.fl.us www.boynton-beach.org t'"'' j ~ ., ?'LJ"' ~:,;.:;' { -,-.I iii".':'; " U ,t~ l/~~: ~ ~". _"'l'~ ~:;,: L rJOYNTON BEACH (;.RA September 22,2006 Mr. Robert Weisman County Administrator Palm Beach County Board of Commissioners 301 N. Olive Avenue West Palm Beach, FL 33401 Re: TCEA Status Report Dear Mr. Weisman: Staff is in receipt of a copy of a memorandum dated September 11, 2006 from George Webb, County Engineer to the Board of County Commissioners in which he asserts that, pursuant to the submission of its first Transportation Concurrency Exception Area (TCEA) Status Report that the City of Boynton Beach was not in compliance with the conditions of the TCEA. The following is the City's response to this memorandum. Specifically, this assertion of non-compliance finding involves two conditions. The first concerned the implementation of the affordable housing component of the Direct Incentive Program of the City's Community Redevelopment Agency (CRA). Under this program affordable units are made available for households with incomes between 80% and 100% of the median household income in Palm Beach County. In addition these units must remain affordable for at least 10 years. The non-compliance determination in this case resulted from a statement in the City's report indicating that the "CRA Direct Incentive Program is under Review..." Although the condition states that the program must be operational by January 2005, the program was, in fact, operational well prior to the adoption of the TCEA. Nevertheless, in May of 2006 the CRA was re-examining the effectiveness of the program in light of changing conditions in the local housing market. A revised program was subsequently adopted in July of 2006. The second non-compliance determination involves the failure of the City to undertake a detailed transit study to develop a local transit circulator plan that would either complement or supplement the service provided by Palm Tran in the TCEA area. -2- Instead of conducting a transit study the City proceeded with the implementation of a local transit circulator system (trolley) in July 2005. Inasmuch as the first of the development projects approved in the TCEA, which would impact traffic, and transit ridership in the area is not scheduled for completion until the fall of 2006, the city will undertake the required study in January 2007. This will provide the baseline data that can be used for future coordination of the trolley system with Palm Tran. Please feel free to contact Quintus Greene, Development Director or Michael Rumpf, Planning Director if you have any questions or require any additional information. Kurt Bressner City Manager Attachment cc: Mayor and City Commissioners Mr. George Webb, County Engineer Ms. Lisa Bright, CRA Director AMERICA '8 GATEfVA Y TO THE GULF8TREAM DeplU'tment of 1!1\,1During and J'ubUc Works P.Q, 80x 21229 West Palm Beach, FL ):S4H,. J 2.29 (5{,I) 684.4{)OO www.pbcgoY.(;om . Palm s.&c:h ColllntJ Board of COu2d:y C6ta'ttMiWoiten 1bnyMas110nl. Chllb'man Addle L. Greene. Vice ChalrptrSOn Karen T. Marcus Jeff Roons Warten H. Newell Mary McCarty Burt i\lIronson CountJ AdmhdRnltor Robert WeJsman -".. ~al Opp.mvni!.>' AlliTmQHv~ Mh'6H FrnployeY' @ p(in1Pd.... ~PfIPM - ........--...........---- - RECEIVED 1 rJ3S SEP 1 4 2006 crTY MANAGER'S OFFfCE TO: The Honorable Tony Masilottl. Chairman, and the Board of County Commissioners FROM: George T. Webb, P.E., County Engineer Engineering & Public Works DA TE: RE: September 11, 2006 TCEA Status Reports S4l~ has revie\vttd to. al')l1~lI'~~r9Vkf!d to th..,p~nty by j~Jiad.... '..~IO... nEJ. lit... fJ....f%in.. q TIlintr"'. .;.'r..~tKri~~~Y~tnPflOne Areas (T~'~'AJ) D,.,........., . ," ... ... '..,J. .j,."i.....n. '.......Ii...'L!........i...J........a....'...'.......s'..'...^....'._,; ....'...'i..............irf'. '..1+....;..... ',~'................. th-.... .....~a,.~$~.n "''*'I'''IUU"!i!!' . '"'f''''''"' WY'R.4J&fVfJa G& ha.ve.noftfMJn..... "'.' Corn...........'. '.'" ,")'HI"a/fhlt"fh9 Board ta" no actJonregatding tn& ,." ,. "toEA.s. There.h.$p~OJfl1lit~~.~,,~~!It.~,~~:'ln.. S,om~ofthe .ICEA'saod the C()ndfthjriSset fot1h..t)S'tht". """; 'd.,ctothOseTCEA'swere etWi$foJied to &e i",p~~m,' .. ' ..,:'... ..\Vith ,the ..~"YeI.9P~nt acttvW..king .P~'WithWf ,ltl~,'i,' . '. ..,..~.' . ..'~ '.fhe'stx TOep/S(BClymon Beach...D,lraY~ee.ef1, LBi(e." ,'P.rk 6f (ipmmerce,Rlv"~T. .e-.cn, ~"t~". '.',. '.~~I~~":: d....~~J~~t>~e..'\flti1,]h"t.,.,.' '.el...fdrtli . .in .the ._JOe_ e.tjb,,,lilrT()~ts~. S.~ff. ~~s.qEt~i!'ledthat two of tbe Tg,t;A's (SoYrilliri'6hch&~'lleacfi) an. 'ilOrr'cOmpllMl ~.edO" ~.. 8/l"ua! reports. Pi.ff'$~!:'~ttQ .~.~,.J7G . .... ",:,irt:!I~t~, ::'~t.' ,..... ~.., ... . '~:J: fibove;'i'dd.' ri~tj:~~\" 'ion on the . two TCEA's thtsY&~If. Specifically. the following condltlonsfor the Boynton Beach TCEA Were not met: 6. The C/t)' ~I</'l~.d~ that'nordsr tQprovide traffic cIrculation and transporf8tion InfrastructUre conslslent with the requirements of the TCEA, ;r will be necessary to augment the existIng local tnlnsit circulator system. By January 1. 2005, the - _.0. --._.............:.....-..... __... ____~ ..~_ _on' _ . --' -..----.--..., ........t_ -._~"_-..:......______.______--........................____..._..._.._._ City shell undertake a detailed transit study to develop a local transit circulator plan (complementing or augmenting the County's public transit service) for tile TCEA inCluding specific route alignments, infrastructure needs, headways, hours of operatlon, and other servIce charac~ri$tlcs. The City and the Boynton Beach eRA Shall be fesponsible for funding and implementing fhe transit Circulator plan based on therecommendstlont and conclusions ollhe study. If the detailed transit $tudy indicates that !'&development projectS within the TOEA have not progres$ed enough for the necessity of Implementing the transit cfrculator plan On or before January 1, 2007, then the City shall eonduct a monitorfn9 SbAdy for such ImPlementaUon.every two Years' thIs monJtortng study. shall be &ubmltted tDthe County &nSlneerand.PtannlngOl~r on March 1,2007, and every second Yea' thereafter UAtU .the City Implements the circulator plan. The County must 'e\flewand ~PPrOve anysuchmonltotingstUdy thet Would otherwise atrow additional delay in implementing the trBn$1I circulator plSn. 9. By J8J'1usry2005. the City, thrpughtheC~A.'()'reqt Incentive Program and its Affordable ~8cornpoJ1ent. ....11 ~Plemenl 8 program. to make a.ffordabfe hou"!19 IIva,..ble.. to tpW~k>m.fBte .lncome ho~hOIds . (With incomes . Of80~ to 100%. of mtdl8r1~btdlrlQome .In ~rn...Qh cq~"ty)Jntbe tCi5A__ The'.'*Ut1tt8m thf, .pJQg@1l'l~ust:~.'n Sftorcfablef.or8rtl1nfrnu.m ."............. "'Ai) .~'.. The9ItY:8h~." co"""'8 j~mentalfonof tt$~. ..~'e.1J6.3. 8n~6.8 of The Hou,mg .f1! . "t. of th8 S. . .~n to .~~..otber i.'~i .1 ~TCeA by E'~tpJII fro~~QIty'a.nnu..,..p.ltco~ri.,tfe~Oh of the above Coh4l.onai,.a"chid. SpeclfJcafly, the followingcondlticms fOtthe':RJvi$ta Beach TCEA were not met 5. 'the City, In .coordfJ:latlon With theR.~i'as.ac~ 'ORA. 8haUIt1IiIn.~Jn8nd annuafly 'L1p(j.~a m8$tet P~ns p1an..8' . , . '~g,t~_'~.>:that targ...,,~~ jrnPf.t,lve..,~Y./ithi";.tht; ..;, .. . '"'*~tYtot.'fUntling andcoMtrUction 411 .the Ofty'sFive V..rGaPfHram. 7.B7'Jsou~ ~Q06. .....CIJy$h.U Iocaf transit OJ' .,WitOptan- ,'-." '. .... ., TCEAlricItJdtRt:.", ,... ... .... . operaUoh an"~8t...~;: . ...... ........ .,' recommendatH>tti COllIS/r.,ea ...*fn....... .. .'.. .p,'" effort, to Implement ImprlniemenbJ8CcOtdin9'to thj'p plan. 10. Concurrent with the devefopment. the City shall proVide hurricane shelter space for at least 20% of the POPtllation Increase associated with Ilotellmotel developml;lnfs, ,;~~&.~,~~~~o~~?p a , "'J.,...,~..l..,.~ . ..,'<.' .~~ .11q1i11'$ t;)f ,;~r.)ne;'~$f06Sand , . .'. .ai1cI'niO\'8fOrwatd wIth " gand sChedule provided in the .....,._r....................__.__..___.__._.,." . ~ ~ . ._-,-~......- _....__.-----..._._....,..-~...... residential developments, mobile home and trailer park developments, and recreational vehicle developments within the hurricane vulnerability %ooe. A long"'t&lm ccmprehenStve shelter program shall be coordinated In conjunction with public, private and non--profrt organizations to ensure that adequate shelter space Is looated In en area outside of the hurricane evacuation %oneand meets current Americso Red Cross standards. 12. The City shall annuaJ'y monitor the Intersection of Blue Heron Boulevard and Old Dixie Highway, and coordlnat& with FOOT and the County to improve this Intersection when necessary, and If feasible. Excerpts from the efty's annual report covering each of the above conditions are attached. Also attached. pfease. find a TCEA$tlJtlI$ summary produced by County Staff. staff h8'>eashof1hefUllfo~r TCI&\~nnuafreportsoutJfning detaNed re~c>nses'o"file. .JfY()U\Y()~kfJJk. 89Q0lp"COpy Of one or more of the reportBp.lease contact Jam__reue (233..631 a). Itshou'd benPtCiMi~tthe '~~Qf.orn~of the TCEA monitoring COndItlOJ"la'~"~~" '.' .... ~"..,.,( .. ...,Hf$P,!~lng~none . of the aAOUI!J:t~~~~:c. .".....' '..:" r-.the frtdNjpual. pofiC&.$., ~'; .' ""., .. ..ht.C1>....riJ>'SbtffWU1 contlnuo.tci' .......', t.... . ., " ,,;.. .bl1$are'.'not met by the n. "'"xl' .re' ..po' . .r+I~...p' . efJodJirJio.,"",;.O" , . 'I;;> I....~. .... fn~YftU." Attaehrnent$:2()pe...~n~.lm~~,FI_~..kcetPt$ 2()98. TQi4StitiliJ ,~t:rI8" Cc: f ~~! F '{I': i., ;i.:' ;~ -.'~--'---~.r,:;,- '.. . tr;:rrJann-'ng ,,'..n...~~ . .. '~,<'f,.Director, Lake Worth ,: ilt D~$tor. Riviera Beach -. ..-. - .._---'------..."..... Al'l'Al.:HM~'fl' 1 ID(l.:.r:;KP'L'~ ~ (60Y/'JTO,.,l ~~ AC.T-! ...._~....__.--_._--~-~_..~. " Martin Luther KIng, Jr. Blvd. Streetscape. Proposed Improvements Include: Increased sidewalk wldth. bUlb-outs, paver crosswalks, street trees and pedestrian scale lighting. Work Is estimated to begin In fiscal year 06107. · Boynton Beach BI\ld. Streetscape. Proposed for Boynton Beach Blvd. west of U.S. Highway 1 to '.95. propoted improvements InclUde widening of sidewalks, installation of overhead utDltJes underground. and pedestrian scafe Ilghtlng. eRA: is funding a portion of theBe improvements; the remainder wfJf be done by the private sector as part Of sltEt plan ltnproV8l1'lents. For funding schedule, see attached .eRA Transportation-Related Capital Projects in TCEA19 table. · The City $haN dfJmonstnJtg that It hss been complying wtthth8 Policy 2.4. 12 of the TOEA Just/Restion Reporl dBt&d Msrch 5, 2003.$UpporlJng various stiest design features. -Yr (POlicy 2.4. 12. . The City shall Pff)motoB ~ty of tfBfl8pOrtatlon chOiOfJs Within the eRA by $uppo;tJng th$ fQ//oWlritl~~.~tBWIIhIn theTCEA boundBrl8s: low !lpeedtuml"lltaclli; new cpf1t/1jUfJU$ ~hd pe~ton..~t'Rltklng;pedestrfllft.SC8/e lighting, m11TOW ftvs/Is""$; CIJfb .11.U>n$ or buIb-oUbl; /n$/aflatlOn of Shading stteet trees; bus stops and. OthWtttlnBll Sf1htmcements:Widtlnlng $/dews/k,' fnstaflstJon of biCycle lanes; and pH Of brick crossWBIks.) All the above .llstElddeslgn featuf'e$...."'.. rliCQrnmended in the recently. approved "Urban Design GUldeHnesfor1h8. R,cf~Ment Ares In ths ORA. (attached), and were Incorpora*, lntoi;trojecltlinctt(l.led In 1Je1ls...ll1mar'Y of ~m8ltt Approvals" table. Theyal'8 also integrated Jnto planned WrastructUr.lmpn::Jvememe JIlted under Item I. 6. Th& City lfCkrIO.wltJdglJs. "at .In~rto .~fkJ.e ...tr'JtlflrJ CI/CtJ.1iop and tnulsptJrlatlon Infn18tnJctUIf!J GOnfJI_"t WItIJ.. .fh'~"""1Jtt'of'''''TCEA, ."WiR ..bfJ hGOoNSSI)' to augment the existlng "'rNl/tr,aItSlt~... ..,. 8yJpn~ 1, ~.: the City shell undertake 8 de~trit".,,~ "lOel",: ... ,.. ..... .. . . .f#~l!!" (comf1/SmfIntll1gor. '. .."'."'i';.'~,~,.. ... . . ";f6i:':,i1#I'~ IncJUdIn9.spedfJcfOtJt.',"61~tIon, and other Sf1MCiI '11h.... .. . ';C1~fIIi8JI; be reSponSIble for fJlntJli11I.,~, ..C3n.. (119 recornmend_n..lif1d;:. ,... "',~ that "'de~nt~s.', ftl ....)',',i;""":i}jt,;~~ of 1nfp!ernentlrig ths"'TJsIt~"''ljli1.9Itor,7iflie!t,~. CIty $hS/l QO!Jduct a tp(fI:I~ . . .. .. <,l\M) \'f."'~ This monitoring study 8hshlJjj':fCJ ." .. .~; March 1, 200'1, and~I)I...,.. . "'.. 'JJ.M'...~:;:. p/en. The COyrrty. must~~'>.,tlUdylhitWr)(jiti otherwise allow 9ddItIonel del'r/n.lt ' The eRA begantro!leYO"~ln JU,~,lll$.~ nfWt..~~tIy ~lng run are the cross Town rout.wtucb.'~.'~'~n..~..;...~ ~~,Avetlue and the Oeesn rou1e WhIch runs from Ot$JnA,,*~ to the City OOtlt~lP..rk. The ORA Is 2 --.,,,- '. ,,",,,. -,,'. .. ..._~.---...-............-.><o' ."" ." "'.'''--.....- ,--:.~ ..;.. _~.. t -a.~'--~~~'R1IiiI , '}..' ....i.......' .:~' " ;'~ 'I,:; -.......-".....,____~"i. ' ...... ~ '.' .....--- --~. ._--- -_.--.-------...-''''_..;~--_. currently planning to add a route for FedeJifI Highway In fiscal year 06/07. Current ridership is approximately 5,968 passengers per month. For routes and schedules. see attached "Boynton Beach Trolley System". 7. The City sh811 annually demonstrate hurr/csneshfllter space availability for at I&sst 20% of the . population Increase within th, TCEA B8$OClated with hotaVmotel and ~sJdentJal de~nts within the hurricane. vtJInfN"fJDIIIty zon&, In the. svem the Cily Is : unBble to satJsf&ct0J1ly '!emottstrate .~,. sh.,..., ffVSHabillty, theCltyshaO coordI'" .yWth.. Palm :IJ"Ch C~~",,~. .,. ...... .~th"RfKl Cross to providsadBqustB hl117fCarHJ ..".".,.~ Wl/iis . .... .Iflftmflr. Tht!.. CltyshsIJ ., participate in a long-term. ~,~tMnBlve aIHIlttrP"""COOtUlnBted with publ/tJ, private, ItOI1-profIl Of9t1~.to en.- adequate $ht/Iw spac>>. /$ ttVllH8/ie for the/o1'lrrterm nBfdsoflhe TCEAenclthe County. The City Is unable to demonstmte.. ~nicane shelter .sP.i\'te avanablJity. In terms of aV.ble sheler spa~Per ~UltItJon'~~h1.~.T~~,...... H~. the City has long beel),8n active m.~ Df_ PaJtttIll.Ch'COprit.' .~~~ AgenCy~. ~"."rFfRt " ..u,~....",. ,.. .. ....", the local ~ Str""gy and ~r~...: .': . .." The CIty has aJSObeen,,\'l'UyeJn ~...~.P':fiSi .. ..:.by our Fire Aft.CI.Ie. D&~nt (~ ...;~l. ..~ licWtch efforts at tnl8f'admty. othersheltEttS Of'laarJfiirt -"'fnlfrWISBga~s1loutd the high schoof exceed lis capaclty. 8. Thf1 CIJy sh(J/J annusJly rm>>tItor 1M --ct1on of Boynton ~sch.~IfIV8rtIend us. 1, and coord/n". Wfh FOOT tJnd the Counly tolmptOWI .thl$ ~ When necessary, end If ".sIbIe. The'ntersectlonof@o}'rJtonaeaC:h Blvd. ~$ reoenay .Imp~ b~. the .~r1y extenelon of Boynton ~llCh~'l$8St Of U. ~. tfl9hway ~. .~~Jon wilt permit &c:ceI$ tothenewMar1n. Yfbgerf'lfx8d..u8e deW1(JpMdhtttWS' tHUdIng ,. aMount of traffic on U.S. 1. None of the. ~~.8Pproved.ln theTC~ area hIve ~ been ~ The monItoring of the fnterseDffon WDlQommenpeJ,i2007 ..~1Ir,t0{-';a. .........~...U&I ProJect. .. ...s...Ma...riAa.... VlJ:I8.. '.g. 8....J.S.......Q)........'.... . .Jed.....8.. ".:.d.................... tis.. ........,.0..'. h...,' . ".Th&Cftywl.". evaluate the benefft& of .adtted. tra1flc.ca,"". .... c, .. se ban. to th~ ~ ~1JlIt~~~.~<'~';' ..'. .... of ptOperty1brPublfcpUrp~t::_nd.., properties WOU'd notbe~~jy..." . forced Into a state ofnon-conforrnance t1 'j -.....,..-_,,~,...:..... _i< " Ie t" m..,:.~.. 'f,! ,.;.\1........:.. ":t-'; IF.T'~ .'f .. '~"., ~'~_:~k.~~ 3 "~~ ~ """;;i-"', &;I' II.. 9. By January 2005, the City, through the eRA f8 Direct Incentive Program and Its Affordable ACC&$$ component, shslllmplement a program to make affordable housing available to low-to moderate income households (with Incomes of 80% to 100% of medIan household Income In Palm BHch County) In the TOEA area. The affordable units In this program must remBln affordable for s minimum period of 10 years. The City shall continue Implementation of the policies unc41r Objectives 6.1, 6.3, and 6.8 of The Housing Element of the Clty-S Oompreh&fls/ve Plan to provide other progf9mS benefiting vel)' low, low and modrln:rte Income households. The City WIN al80 Insure that 5" of new or rehabilitated housing withIn the TOEA ares Is 8V811ab1e for occupancy by theSe: houstlhoJds, with pricing consistent with SHIP gUld9llnes, and ttmt/()velscon$lS'tent with affordable effort ratios. The City wlfl begin the annUB! monltorfng Of the sffort!ablllty of housIng within the TCEA by January 2006. A .1iousinB Needs Assessment" study has been prepared for the City and the CRA area by the Florida lntornational University Metropolitan: Center (the fln.aJ dr~ attached. was delivered to the City on Apdl 23. 2006 and is cummtJy under review). Simwtaneously. the City is working with CR.A 8~ on tho JncluBionary zoning ol"dinanoe; a COmprehensiVe PI~ text.~cnt faciliIating its irnpl..tAtitnt'is alao beina drafted. The CRA InoentivcPtosram is under review and its worktbrce hOWling component win be coordinated with thc Ordinance. Within the approVedJ.631 housiJlS units. 12% units (.ncl~ two rcbabilitat$d homes) meeit.tlte delibitiOJl of ii~bJe'. specified in condition a i.e. lul'Vc pri~B "consistent with Sl:IIP guidolincs.., CUlTm1tly. for.,sale dwellings meet this dtiinttion If priced at or below 5280,462. There have been no atrordable rental units approved durittg the period under consideration. 4 ...........~"-'.-.--~-;_._.. - ~ " .;; '[ ,~,~j ~..., ,~'t'. ~;~ ~.,., r , i"...,; i l.:. k, i>;", (,"> '~~~___'-"" ...~....._t:/l,~ - --=- CITY OF RIVIERA BEACH ~OF COtM.lHrV DEVElOPNIONT DEPARTMENT OF COMMUNtTY D~VELOP"'ENT eoo WEST I!lLU~ HERON BLVD. . RIVJKRA BEACH. n.ORtDA 33404 (B8 1 ) 848-4080 FAX (1!Jf1) 84004088 Maroh 20, 2006 !.orenzo.Apemo, Director Palm Beach CoU1:J.1Y PlAnning Department 100 Austta!iu Avenue WcstPalni BtltIChFL 33406 Subject: City ofRMera Beach TCEA Status Report Dear Mr. Aghemo, Attacbed ~ find the MatcJt'~ Tqw\ StattIa..~rt . TboJOpOrt iI.bein(J provided to 101181 required by the adopttd1'~ JCq~. .lbe City.. bot yet u.apJ_~ its redeve!~t __plan. so ....,o(tbO i'olJdrt:tng.~.. 2lot ya appJfcaWe. If you havequestiw please feeI.ftoe to COQtaOt. me it 8450.4060. ~...'... l/:tll.MUll .) ( :,0.......... ., ...... .... ....AJCP.- . ..MiwrJM~:"~-f :. . '. ., ... ~6f~~w City otIUtieia B&aCh oc~ William Ii. Wi1lc!"..Qt1 M~ Ju.d.itI1'11iDJDaPJ.....:2:oDinAdrDinistr(itOr SCottB_,~:"~ . g ItWIE1U. B&4~ FLORIlu_ ,on"... ~wttq,l" ftW Ii u.., ".".. "lIqlll' ,';; . r:1 - .~!I!:~ """;'"'";::::'.:... ; I:~ l~, . ,.~- -.:-"'''' ~~.~';.:..), T~ March 1, 2006 The City of Riviera Beach continues to move forward with its ambitious redevelopment efforts in accordance with one of the fathers of comprehensive planning Daniel Burnham's decree "Make no little plans; they have no magic to stir men's blood." The City is pleased to announce, that they have selected a Master Developer to implement oUf ORA Master Plan. The City is current~y in the process of drafting a development agreement with the Master Developer that will aI/ow the project to begin. Once selected the City hopes to begin implementation of the majority of Phase I of the redevelopment plan, SummarY of Condition.! 1. fhe developmf1nt approvals utilizing this TCEA shall remain at or below the maximum allowable limits for units. sqUl!fe footage, total daily trips, and total pm peak hour trips set by Table TI:.4 of this POlicy. No building permits shall be' issued for new development when the, appHcable maximum allowable, limIt for that development js reached. The, City has remained Within the d~velopment limits of Table TE..4, a summary of approved development is listed in Table 1 of this report. ' 2. 'BegiQning with .theMsrth 1. 2006 annual fffJport, ~nd at the end of each reporting periOdt/ff)f8after, the, cumulative retia ()f ~PProved fffJsjdentia/ units to 1,000 squ8fffJ foot sPProVfKi office space shell remain between the maximum and minimum allowable ratios identified In Table TE-4. , The cumulative ratio of app'roved residential units to 1,000 square foot of approved offl~ technical space is 2,56. which falls between the 4.5~2.1 allowable ratio. 3. Beginning wi'th the. March .1, 2006 Bnnusl report, and at the end of 8t(Jch reporting period thet'(l&f$r,ihe cumufatlv(# rati.o 01 ElPPfOved flJ#ieqtiai unilsl01tOQOsquBf& foot SPpfO,VI1Id oth9r non"f'$sidentli!ll$pacti.shsll temein bBtween the ""aximum and minimum allowable ratios icl8ntiffed in Tabfe rE..4. " Not' applica,bfe.' fhE9.. CiW of .Riviera ae~ch 'has.not apRro~th. deVefOpment agreement betw~n theCi~:all~ltJl"M~'.t. D~v,e~T.... 'Tf;t~,9'lty'CI.j),n~t)()t yet approved a. t'$d$wfopmel1t,develbpmentpla,l' fortne' C1.lIn'~Usfte. ... One., "Pproved the Ma$ter DevelOper will beirnplelnen;;l1~ the~eV"~W~H!nffl9:m~O(ity, OUh~ "other n~n..,es'dentfal' sPace" category,~incenbapproVaJs ha"e'~blM9rl:9I\ieffthe ratio 1$ still " zero, ~ ,..." ./11-~ ~~ T' ~i /~,./ to .,i.. .' '~ -ii: ~,~ 4. By January 2005, the Cltysh.all amend I1s land development refllllations to require developments within th9 TCEA to contribute toward, the cost of public transit -- " "'. --,~",-"-"~-",,,,,,~,,'>'-"--'-'" ~------- Ii', :.,; l ;'t~, ~, ,., k: [-" --'-"., ..--........,...........~-~.:,~., . I ~ ---..-. . '---.-- -.-----....... , infrastructure 8S one means to offset the impact of the concurrency exception On the arterial roadway ne~ork and the FfHS, The City adopted a road impact fee Ordinance which will cQntribute toward the cost public transit infrastructure. (Attached) 5. The City, in coordination with the Riviera Beach eRA, she" meintain and annu{3l1y update a master phasing plan and infrastructure budget and schedule that targ~ts needed improvements within the TCEA boundaries and sets priority for funding and construction in the City's Five Yesr Cap,leJ Improvements Program. The City and Master Developer select are currently preparing an updated phasing plan and infrastructure budget ' , 8. By January 2005, the City shall revise its street design standards for ai/ City streefs within the TCEA to Install street design features so thet construction of new streets and repair of eXisting. stn"ets create safe, bafancec1, livable streets that can be used for all forms of trevel includIng non-vehicular modes of travel. The City has adopted a new street design standards Ordinance for an City streets within the TClEA for all forms of travel. (Attached) 7. By January 2006, the City.shsll underieke.8detE#Jed transit study to develop a local transit circuJetor plsn (complementing the CkJuntYsP~Ilo~it $etylctl)ror the TCEA, Including -specific route aHgnfJIen18. inf~$frI)J:t(Jre..~tfs~.. heaciWaYS, ,hpu1'$ o( operation and other s9rvlce ch8rectffJrfst/e.s. TI'le CitysIJ'~ act 'on the co.nclusiQns and recommendetfbns containiKJ K'JtIJ}nthe~t wrClJ~tdrP""8"dmoV$fofWBn:J with efforts to implement improvements8CCOl'tJlnf/ It) the Phs.,., 8fJrJ$ChedUIe provided in ~ep~n, . The City has completed COD~~lY"atlocaf transifc.ifcul~~rp."~1hat .h.av$been adopted, Into the City's Redevelopm~ntPlan.TheneXtM_""'J?Jan~4at"~Uflder way whioh wifl Include a deteJledfocaltransit oircula.tor pJi:in, and an upqlatedland use, phasing, and infrastructure plan. 8, By Janua.ry 2007. the City, withitso""n fUf1(jUlgspl!fr;e.,sheH.fNp.vlrJe local transit circulator service within 8 ~.mile of ~QplJfC9:nt OfB1Ja.~lQped~.d-uSfJ and medium and high density ffJsldentisl 8fJJ88 Jdenllfi,ed on the 1=uttJIV .t.~tJd MSflMsp of the City's Comprehensive Plan and within the TOeA boundaries, within the Psf'" Tran service area. :t 1 Not appfl~able, 'J .~ .'~., .:' ..,~- ,~ ...... :\:: ~i , f...j "::""I"~ :.~~.:,:~-'" . - J~ ,.-,(' j '.----.--....... ;", " - 2 . ~1i'8ii.f.~ . , . 9. By January 2010, the City shall provide B site for the new Tr/-Rail station st 8 cost no greater than City's acquisition cost. ConcutTent wl1h the opening of this new Tri-Rail station, the City with Its own funding source, shall provide a new circulator service and/or expand an existing circulator sefVlce to connect to this new station. ' Not applicable. 10. ConculTfmt with the development, the City shall provide hurricane shelter space for at least 20% of the population increase associated with hoteVmotel developments, residential developments, mobile home and trailer parl< de,velopments, and ffJoreationa/ vehicle developments within the hurricane vulnerability zone. A long-tenn comprehensive shelter program shall be COOrdinated in conjunction with public, privete and non-profit organizations tp ensure that adequa.te'shelt&r space is located in an 8/11a ou.ts.IPe of the hurrloBne evaouatlon zone and meets current, American Red Cross standards. The first newreSidentfaf development, will not be completed untit 2007. Through cooperation with the Palm Belich County School District the City will ensure tnat adequate shelter space is available for the new development. 11. The City shall provide 2 through lanes, 2 Jeft-tum lanes and 1 right-turn lane on a/l approaches, of the intersection of US-1 'and Blue Heron Boulevard concurrent with the construction of new US-1. One lelf-tum lane, howeve.1i on the eest approach (westbound) shSH $ufffce only If 2lefMumlanes are not fesf>lble. Not applicable, the City has not yetproceeded with the construction of new US-1. 12. The City shall annually monuOf the interseotion of Blue Heron Boulevard and 'Old Dixie HighwBy;ef1dcOQrdlnate with FDO T and the County to Improve this intersection when n&cessary, and ;!feasible. The City continues to monoor its Intersections for potentia' problems. When the eRA 'beglnsimplementatio.n .QfRbasel W8;WfJl. he9incOOlld.inatioheffort6lo improve the ~ntersecffon of BtueHeron Boufevatd and Old Dbcie Highway. 13. Consl$~nt withthfJitlteptofthe C/fy'sRedeviJ/opm&nlPlell d~ff1c1 2001, Section' 3.2.10.3, M(JthOd$C>fA$$I.1tff;g~'''''l1!bftyOf NoySi~Jth9.(jl~"$~alle"s(Jre. th.fthe developmerit(Wfthi1fi'y' ,. .... . "i . l!!'I.~I1t);W1tfiln"'JjhP'lJ!~;.:(,.coti'~f#J by the Phasing Plan Irl'fi1f! /" .......... .... .'. ':" /J!iport. ~er:!v.u't'r~fJ9'}o(;~,GEjA, be requi~d to. ProVl~FI<(,,~thtJ"(,. . ... :th(if()ta/.il~!!'<<ftJ.li~ t!I?,!ti{rorfPCr;uPtti1py 1;)1 vel}' low income (fesslh,n orequarto;5~oftheC()tI~tr:s m"dlfJti, a.nnl:Js/fCfusfed gfO$S Income) households, and low;nCQme'(1110~,Jhfjfl.~' tuJt,fft~.: th/Jf1.9'fiqlil$l to 80% percent of the C()untY'$~t/lsnann981l!##,,!stfKl gr.o~.l/'1Cqfflf))"'~~h.old$. The C;ty shall'ljlso ensure thatthese8ffoftJab~iJhlts rBl'11$in affO'td@/efOrno le8$ than 10 years for ownership units end no less than 20 yeers for renlal units. ~ j - 3 - ATTACHMENT 2 w 2006 TCBA STATUS SUMMARY DATA TCEA Boton Beach 1.2- u Delra Beach 1.2~1 Lake WorthParkofCom. 1.2-S W9$1 ate-Belvedere 1.2~r Riviera Beach 1.2-t West Palm Beach 1.2~m "rc A adopted Dec. 6 1995 Monltorln . R u'red Ves-Annual None'" Yes,.AnnuaJ Yel-Annual Yes-Annual Yes.Annual & Sl-Annual BOYNTON BEACH TCEA REPORT f2!1CY 1.2..u Monitoring RequIred: Last Report Received: Next Report Due: Yes~Annual May 23. 2006 March 112007 2006 TCEA Status SU1llD18ry Next Rert Due March 1 2007 None'" March 31, 2006 ~mber 30 2006 March 1, 2007 Ma 2006 Policy Condltlona: 1. Development approV~sfW' remain at or be40w the mtl){. .1k>W~e limits for units, square fOOfage, TOT.andtotaIPffl.~,.hourtrfP8 under Table TE;.5.ENG'INEERING In CompUlnoe";' 5123106 2. Beglnn'ng WIth Maroh 1, 2007's annual rePort, and alttle end ot the reporting period, cumulative ratio of approved res. units to 100()s.f. ~r~ office 8pa-oe shall rema'n betWeen the max. and mfn. a_able ratios under Table TE-5. ENGINEERING Not ApprrCable 3. B$glnnmg with Marchh~07'S~UElfr'P5>rt, aod~t, :~~=~:~~~~~&fI~;.' -,~' ~t.~I~~ . 4. The City, In coordination with SoyntOJ1(E!each CRA'.$h~fm~"'~'lln~k;Q.m~~'rJQ plan and Infrastructure budfJetand. schedule ta.tt~,~Ji!1~~IfJf(;~, 1f.I~":,~~~ and sets priority for funding and collStructlon In City'S .Ffve Year~a1..lmproWfmentB,PrQgram. ENGINEERING In Compl'ance - 5/23106 ;,~tt"r~g;,~", cu,.,.9Ia~,ratlo of ';"';'.~tU1an'~be~th8 max. 5. The CIty shall demonstrate compliance Wit".P~II~)'~~.12 of TCEA JustifieatlonReport. dated March 5, 2003. supporting stre"t desfgn features. ENGINeeRING 'n Compilance... $/23106 1 - ..--,---~,.".. --'-'- .---....... --'--""-"--- ~--,.-"..,..---~--'--"'.._~----.-..........-._---_..... 6. The City acknowledges that in order to provide traffic circulation and transportation Infrastructure consistent with the requirements of the TOEA, it will be necessary to augm.ent the existing local transit circulator system. By January 1, 2005; the City shall undertake a detailed trans!! study to develop a local transft circulator plan {complementrng or augmentlng the CountYs public transit service} for the TCEA Including specific route alignments, infrastructure needs, headways. hours of operation, and other selVlce characteristIcs. The Olty and the Soynton Beach ORA shall be responsible for fUnding and Implementtngthetranslt cIrculator plan based on the recommendatIons and COnclusions Of the study. If the detaHed transit stt.idylhdlca~ ttlat -reaeveJOPliienqmijeiliWilblnltfe-TC1:A-haw riot progressed enough for the necessity of Irnplementing the trBnslt arculator plan on or befOre January 1 J ~7, the City shall then conduct a monitOring .stUdy for such Implement~lbn every two Years. This mOnitoring study shan be submftted to, the County En.Qineer and Plann'llQ OlrectoronMarCh 1,2007, and every second year thereafter until the CIty Implements the circulator plan. The County must review and approVft any such monitorlt1Q8tudy that would otherwlse aflow additional delay In Implementing the transit cIrculator plan. PALM TRAN Not Compll8nt 7. The City shall annualty ~mo~traJe hu'ricanes"lter~pac:e availabi'.V for at least 20% of the population Increase within the TCEA~ocfat$d wtthhot~l/fll9lef 8ncj ~Sicjentl,.,>~evelopments within the hurricane vulnetabflity..zone. In. .~..event. theCMy fsuhabl~to.satIsfBCtOrlIY:d8monstrate hurricane shelter space avabllfly,the P~$han ooordlnat$WlthPatm'~Q~90untyE~~YManagement and the Red CtOsstO.pt'Ovld8.acJequ~nthur"lo8he s~lt$r~e. Within. ':,t1i:rlely m4"ner.tbe City .shall also participate In a~~terrn,Obul'Jt~ide,C(lmpreheASl\l8,.~..ltet~~ cObtt1Rn_Qti with public. private, non-profit .~~nlza~tq\ct."'~'!~.tfiti~r s~ce l8avallQble .fOtthe Jong-term needs of the TCEA andtf,lQQc>t,Jnty" !UERGENCVMAfilAGMSNT . In CornpUlnce- 512110& 8. City shall annuallYmQrtltp' jnt~~ of apyotonB",p~EJ!~' ~ V$-l,M~poordlnate with FOOT and Counly to lmprove.imer$GCtion..Wf1en 'n9C8$saryatldf.Sfble. ...."EImlNG In Compl'etIC6 - 5123106 ' ' 9. By January 20OS, the.Clty,thfOlJgh>ttJe'9flA'.s.[)Intr4Jn~p~ component. s~an. fmplerr;ent ~~m..IO., Ill~.... ~~., ,h.. " fncome hOUseholdS.. (Mthlric>>m~'~f,~jo .1~"9f nt~, County) In the TOEA are~ ThfJ.~J"ul'l~Jn till.; ....... period of 10 years. The CItY, s,." 06Wt1h~ tm ' . bt~.. 6.6 of 'Fhe HouSing eement' Of tfWJ.~8-~ '. ... .'p~' very low, low and m~ta~~~ hOu.S'8hlJds....tfi. City,., rehabilitated holJstng~n"etC&A~ JIJ 8va~'f't~ ." cons/stelit. wfth SHlPltilJt.t"'I1..,i:~ J~j.J~t~.;:" begintheannualrrtonltOHng .:ot..the .~ of... housing;' P~NO . NotCornptlant (."Pro....) { 2 .~: ~t I k ,t.~.;J.7i!.. ~ --~---- ~.-,..~.:.., . ---~-... -. .~..._~ .;....- -'-.. ._-- .--......--'....-..........--.--""--""------..........".. .. BDYfIPN. .......' ... TCf~ Mba~ 'tibia 3 """------~-^..~.~ ^-----._,...: JDCfustrilll " 1 , ~ ~; 'i\' ',,'; 1$ ~ '1 ~7 :;. t",,, ~~~:" - ~'-'''''-",---...-,.!/; '-l - - ._-- - ---. --"--'- ---- -. -... -_.....~......._-----------------.-.-, ..~-.,,-"'. . DELRAV BEACH TCEA REPORT Policv 1.2..' Monitoring Requited: None La.t Report ReceIved: None Ne"t Report Due: None Policy Condlt'ona: None 4 ~ 1 a 1 t.. .:k~/ . ,.";,'", ."', \"- '.:::t; ': :i~ - ~,:-...-:-_ "~'; .~~ ~ --_...,J}~~~ -~._.._._--.... ~~"-'''''~-------_..--.-~._,--,._-_. LAKE WORTH PARK OF COMMERCE TCEA REPORT f21;cv 1.2-$ MonItOring Required: La.. Report ReceIved: Next Report Due: Yes-Annual May 4, 2005 March 31. 2006 Policy Conditions: The TOEA IsJlmfted to 55.147 sq ft of new commerCial retail uses and 895t313 sq ft of new Industrial use. ENGINeERING Compliant .. 6130106 5 ... "~'~"H'_____~",.~~,,,,,,,,, . J>, -."..."': ~ .,....... 1Q;f.....Ir'qirI~ - ~._.._.....~- .- ------- .....---...-----..,.....-.....-.------.------- .-............-----..-.... -------------------_.-....".._------_..~---~,_.._-- RIVIERA BEACH TCEA REPORT Pollcv 1.2-t MonJtonngR~qulred : Last Report Received: Next Report Due: Yes-Annual March 20,2006 March 1. 2007 POJley Conditions: 1. Development approvals within this TOEA shall remain at ()r below the. max..~able limits for units, sq. ft., toUlI daily trip$, and total pm peak hour trips under Table TE-4. ENGINEERING In Compliance - 3/20/08 2. BeginnIng with Mareh1, 2006 annual report, and 8tthe end of each~rtlt1gperioctt,.reaffer, the :=~')h;~:x.o~~~~~1t::=r::~~t:rT:: rf:4.ft'...aT $pace, $hafl remaIn In Compflanc8 - 3I2OtP6 3. ~~~~:~~rnr~:m~~:~. ~~7M~a~:~btla~c: ~;~:r;fi!:th:~.rer::~Ualspaoe Not Compllent (In p............;.o. cs.. CItY...~) . 4. By Jan. 2005, Ok>' $haJl~8f)d~"BrKf.9~~.rrt.rea~.tiq..... TCEA to contHblat"~th'~~fP;.~,tr..nsJt..:'. "";"" of the ooncutrencye~Ori tne Bltirlalri;tJcJWay'ne"'" 'J('Ein In Compt"nQe''''3I201O& 5. The City, jn.coor~!pn,wnh th.&'FlW,~r.~ ..~~CRA,.,S~.m-'ntIilfl1"ll1)(('ItI'lnP.Q, ~te'.a..m",er phasing plan~nd Inff1l$trl.tmu....!iU<:Jgfjl.a".,. BCh~du'eth$t~rg~ .,~..Jm'*~~ Wfihlb th$ =~,=.,~' .. ... . ','..I?fURdIng ..and 'eo""t~n. IrlthjcJtys:,'FJVj' .'Year"' Caplt8J Not COmpt.ant(lfLPtioo....' . 6. $y Janllalry~..m. CJ1y ~~au r~~;.It8:.~t!J$8fgn$J..;~~tP.Bf:()r~l~stree" . ~.lOtf'te.Tp~ roinstall street~n featui'e8so that ~lrJdOnof nfJW~~;f4Odf.P!t,pf<, .,,:~:~..bl'fUlte safe, balanced~J~streets thstcan be used for allformsC)fth..lltiCll~''''n..V8b.'' 10.." m~ of travel. ENGJ,..,.lfMJ. . " . .... .... . '-"!5f.. In Compllt..,ce - 31~106 7. By January 2006,. the Olty shafl uodelrtake a .detallecJ tran$ltst~y.to ~P. a.lo~1 tr:~1t ctrCtJlator plan. (. co. ...m.... pie.. me... tl.t+.'.ng.. the.. COU....l'liuts ."U.bl.lctrand.,. .. ...'. "..lVJCe.......,\,fdi.:'.:..:',toeA. .'. .,...I.~....'..\i ~.'.~............,Jitfta.,',.'......,.,.', J. .. .' ... t .", .. ..,....~. fI"...,..., '>" .-'t, ,,", ."...~~JW ~,.c rQue alignments, 1mrast:nJcture rteed$, h~ys.,ho~pt~~, ,: ' '"".,""~,~.r~l#cs. ,The City shall act()nthe concIUSlons.ar1(f recpmme~~'oOhUl' .. ,w~','ft~~orpfa.;and move forward wfthefforts toimPfement Improvements aCCOrding to ,{M Phasing and schedule provided In the plan, PALM TRAN Not Compliant ('n Progress) i:~ ~ ~ I:: ..!fo . .~ .}~; 6 . _..~. .-----. _.~----_..,--,,-......-_.,.................. 8. By January 2007, the Cl.ty, with its own funding source, shall provIde locat transit circulator service within a v.. mile of 50 percent of all develOped mixed-use and medium and high density residential areas identffied on the Future Land Use Map of the City's Comprehensive Plan and wIthin the TOEA boundaries, within the Palm Tran service area. PALM TRAN Not Applicable 9, By January 2010, the City shall provide a site for the new Tn-Rail station at a cost no greater than City's acquisition cost. Concurrent with the opening of this new Trl~Rall station, the Cby willi its own fundIng source, shall provide a new circulator service and/or expand an existing Circulator saMce to connect to this new station. PALM THAN Not AppJ1cable 10. Concurrent with the development, the City. shalt provide hurriCane shelter space for at least 20% of the population Increaseas~ate(j with hoteVmot8ldeveJopmente; r~ntial "'opmen., mobile home and trallerpar1(devek>pmentS. and ra~lvCthJCl~~rnent.,Withlnthe hurricane vulnerabIlity zone. A tqrlg-f&rmDG~.Qslves~ proghlltlahall:~~8t.dm ~unctlon with PlJblle; privfl~e anc;f~n"profJt~~atif>nsto_ fn$1Jr$ tb8t.~~t.~n...PQce-.. '..lOOatedln an area.outsldeoftheh~n. evacuation zone and me&tscurrent AJil$r1C." Fled cross standards. EMERrleNey MANAGMENT Not Compllent 11. The City shall provtde<~thr~h la~es.2,'~-tutnl~~s .anst..lrJgh~;.tUl11fan~on~'_roaohes of the Intersection of. US-1and .BILie Heron SplJle.;~:~At,Wftff-" COnetr1jCUpnOf new ug,,1. . One ~::::b~.~tJ:~;~n the e8$t ~.. (~)''''H",.tri,r~~IyJf2 Jeft~~lane8~re not Not APplicable - 12. The CltyshallaI'!I'IU~lIymonl~or lheitrt'r..gtf(),lJt),f.~:Ii@rGt1,J~QijJ,.~~ Qli:t~HIgQwtly. and coo..... ...n..... '...... ....'..wJ.. th FOOT $nd'ttleCOUftfi.. to' ,~.w "1S:ffit.~'.E." bh'When ~..,...; '. '. ..';""'.' .... \i;llff. .. o.._.tL.t IWIJ~..... "'7 """''V. ....."l'l8".,. ...................~.T'an... e._Ule. ENIINESRlNG ... - , .. . ., .. . NoteompUant 13. Conslstent with the Intent ofthe CitY's~~, AssurfnQ.AVaifBJ:nmyofHQQSfng,tf:!..... . ",>, cotnPOl1tmt):Wlthln ~~,(~~;. .. Report datedJuly9,2QQ3) 0# ttie QJM; Palm aMen COunty Page 44.. TJ:1 23,26&31'.Uf1ItS fQr o~..;&r,'.. rx.. an"ua'adjt,J~tedgi'd.SjIfl_(!QMe\< -,' .' 80% .percei1tot tn~:p~" ensure that tbeSeaffd .' - no le$sfhan.20ye"'8f&f Not ApptJcab'e In.man ~I~: 'dnfts' arid - lr, ~ 14. By March 1, 20()5,the:~ ~~. ~~.tO ()O~~'1'f'!.tg~CY,~",.~t,ilJl\tJSk)n II .~speclflc stUdY dliJlermInJng.VaQ~~n times from Singer ISfirid In ~'CUe.6r mBr1d8tijry evacuation. EMERGeNCY...MAN~'...NT In Compliance ... .3120106 j ..'1 7 ..._.__.__...~---.....; ;j ";~ !":.t; .;.,:-' .. :1 _ I' 1: _.,.-~_..._r.-. . _..._-- --------,.._-,-_._-....~'..-. .~...-...~...... ,._..-.._----~---.....-, PM Peak.HOI.Ir T _trIO 5,2,26 ""tdat'\tiilV }t TABLE TE-4 RIVIERA BEACH eRA. TCEA MONITORING TABLE MAINLAND DEVELOPMENT Reside nthW Rental Un..s 3,945 15% HotM ..5 300 2&>~ 4.537 .353 375 226 ImumAllow8ble VeAf. Trips R.itkmi".' 4kfmum AI"'l'i1hI.f'ldb$ IrlfftYm.ARQlNlt61,1fa1JOl 4;50. 2.10 . 8 OffjCQI Technjcal _Area. 1.145.855 IC~4 1.2130.441 03t ero 3.10 1.31 ;' '''',,~~"...-------.,_._.- .~_.'.'. Ot~ Non- h1~tal 1,636. sea 10% 1,800.157 147 8$& ~ oi4 ~: . -----'----~----......,...,. -.,..... ,"-- ........~-_..--.......--.-,~___t.-.o, SINGJ:A ISLAND DEVELOPMSHT L.nd U. Ttmh .,,~ ~. RelklefltlalJ OffJcel Rental Hottt CO..ltrenc:e Technlca' ...AreI 4. 5$5 .._ 0 15" 25 IJ% ft Other No. I .~010 .._,0-4 490 382 .. ~1 BIIOO w 147.411 1108 'iH.. hum.4lbw~ "ill" .. W",um . ,.. &1i1, R~ 0Jt0J.. ."J..~ ..MPlI"I'~Jdo. .'.,m, . . - - ":"-"-" .... ....... HI 4.,. lA, 9 l t.... :~~ , .,,~ :;...._."'-...;-,'i - > -_._-~--~- -- ......--.~.,..-,. "---~""'-'-'-"""---"-----"-~"""""'~"--------------"'--"'---- -.----------.--''''''' WEST PALM BEACH TCEA REPORT POnCY , .2-m Monitoring Required: Yes . Annual County monitoring for WPB Traffic Management System (see Policy Conditions) Yes - BI-Annual City monitorlng, 5 years from effective date of TOEA (Sept. 22 1997). of required Increases in residential to non- residential development ratio (see Policy Conditions) : Last Report Received: Next Report Due: May 11, 2006 May, 2006 Policy Conditions: (i) the City maintain a resldentlavnon-resldentlBI ratio minimum. (II) the City participate/support motor vehicfe capacity increases as Indicated In the City's TOEA and the applicable portions of Section IIA8.d.e of the Support Document. 1. Palm Beach County shall evalua.te the annuaf reports of the City of West Palm Beach's TraffIc Management System (TMS) and. the Buildable Areas MonitDring Table and other appropriate materlSls as proVided by the ..TCEA ponels! Identified In the various elements. of the City's Comprehensive Plan,. and detenrylnecOnformance With. the TOEA .pollcles of the City's and the County's ComprehensJv.. PfJm8 . and Sectlon 1I.A.6~d.6 of th(f.G()untts SUppOrt Document. 8y May 2000, the City shatldevEtfop aT,..ffi(l Management System (TMS) far the pUrpOle of monitoring motor vehicle operations wiUlln toe. Downtown. The Olty.$f1a" prepare...an. annum report to detennlne the necessary m"'r.s to effecmveJy. manage vehlcular traffic ()p8l1ltlons and ..&vafuate the Traffic Management System.. The City Bnall dlstrfbute the report to ..tftja. Florida Department of Community Affairs. Palm Beach Gounty, and other interestecJ agencies, Within three monthsc:>f the anniversary of the effective date of. the TOEA. B~ on the restllts of the traffic monitoring report, the City wUl pursue sfrategleslncludlng. but not JimJtedto, the 'oHewlng: a. change motor veIJk:'-. signa.'Ullon devlcas; b. prol'l'lOtepubHi:) traf1$1t seM(:es; o. encourage b'ansp()rtatfon mOdeoptjons d. ImplelTlentan employer.bastd Transportatkm Demand Management (TOM) actMtles; e. develop a C8ntralfy.managed$yst$tn of sfrategioallylocated parkIng faclIJtI$S; and f. facflltate capita, proJects and street modifications In keeping with the TransPOrtation VIsion ENGINEERING 'n Compliance. 518106 2. FIve years trom the effective date of th$ City's TOEA, . the City ~hajJ..a()~leW) a built ratio of residentfal to non-re.sldenrialdevelop,mlmt of no le88 t~the 1995'ratfo'Of.~,(t1ebas&nne ratio). If the built ratio f$ lowerthan .3381 th~ltime) no b~ildlng~ sh,t' bEt'i~uel.f:JJ>>r.neW develOpment (not lncluttlng renovation) fh downt9Wl1 Which repte~ent ~.ratlo'ower tharl..th8 ~b.BSeltne. until such time that a reealctdatlon otbuHtunlts .and.. lloor. ~ )'18_ ..,lfjn a '.bUUl ratIO 0;. .33.Evety two years ("reporting period") folfowi'ngthe fifth yeai'ftom theeffectfve date of the Clt~'s rCEA, the City , 10 ..ii,,-; (' ;:_~: '.! .". - :-~. - f<, "....""J, ~ -'_."'-'_.~_.--._-------.- --...----- shall increase fts baseline ratio by .03 until the baseline ratio Is .46 by the year 2010. Thereafter, .46 will be the baseline ratio, If the baseline ratio Is not met by the end of each reporting periOd, then no building permits shall be Issued for new development In downtoWn which represent a ratIo lower than the next baseline ratio, until such time that a recalculation of built units and floor space yields at least the baseline ratio. This annual report shall be based on total built units as of one month prior to the end of the reportIng period. ENGINEERING In ComplIance. 518106 3, In the event Palm Beach County determines that the City has n01 oomplled with the TCEA POlicies of the City's and the County's Comprehensive Plana and Section ".A.B.d.6 of the County's Transportation Element Support Document, the County's Comprehensive Plan policies creating the TOEA will be re-evalueted. PLANNING Not Appllcab'. 4. In the event the City seeks to reduce the nUmber of lanes on Okeechobee Boulevard from Tamarind Avenue to DIxie Highway, a CAAlLS designation will be required. ENGINEERING Not Appncable 5. The City and County have determIned the specific Ifmlts where Dbde Highway and Olive Avenue shall be two way and Where they shall be one way. shall be as totlowa: ENGINEERING RoactNay DbciI Hwy SefJlMl1t SOuth.Ofl..... Ave. eetween .LakevleytAve. and Banyan BMi. North of Ba'RVIn BlVd. SoUth ot lakevflw AVe. Bet\Ye81't~.A.. and Quadtt/IQ Blvd. North Of \1it_Btvd. Operation 'TU....... ....... . '.,..' , rmrwSY One-way Two-way 'fWo..way One..)' Two-way - Otlve Ave. Not Appllcabfe 6. The Tr$rtspQrt~tir)O" Q~~y~OOY ~~~~... ......~)J9l\_'W,.t.p~.'.~9h. ..P0Yntown M8$t&rPlahJDMP)$.~~,~.,.~". .. .'.... .,' .. '.."~.:fiIt~,'oet*t_1 of Community Atfal'r$(DOArf.ot>.' ..,.......,.. .. . ...'....~..~p~,_.... .'.. u!~~,~~tJ'i8Jrr~sP,;cttve .c omPfe.. .. he.'IS. lve..Plans.~. o,....rrt'M.'.T.....O..:. 'eA... ...,.,t. is..,.. LtflS... .;..YoU...... .....~..... fI,~..':..,..O'O.... 'lb. J.._n....,';~. -...'.....'...'..'.....~. ....'~m.m.:.'..".'..'....;P.fd..,.q..rl 'ssuedWlthin the OMP,arnshallbe con$i$teritWlth'ftlij pDllCles mthebOU~$'fO~"PL.A""NG Not Applicable 7. The TOeA's Hmlte(i t()Pl~'.9.~lV8f9t';1WJ!~~t,.~t1biO,;~ below in Table TE 3111led~f3t:tJktabt&AreasMOmtorlniitT851ii!. InCompfJance · 5IClI06 ~;x~.., 11 ".~._-.---.-..~.,. .....--.~-----_._-,-....-.~... _........~- ....-...........---.....- .. ;~_.~_.,--.......----....~---._----.--.............--._-.........._---- Table TE 3 BUlL.DING AREAS MONITORING TABLE . DOWNTOWN ~KHIEsm 190.JTJ RESiOEN"U fD.UJ ,",orEl IRM j MASTER I tQQ5 EXlsnl<<3 1. ro~, EXISTING I, lS~ EXISTING PlAN 2 DEVElOP, CAP 2Clh) , DEvElDP. CAP 2i01{) 2 C>EvElGP, CliP ;,>" ~ SUBAREA 3 1:)1 At. 2m ~. ) TOTAl2CIO l T()TAl';;'010 AFlEA'l t. I ::H.2.074 l. ~i)1 WA TE Flf':A:Jm s. 2, lJ 5.0eo 2- " 3. 1,4es,C4' 3. ;Q, : AREA -2 1 Ul t,Q20 I. " ~, 367.053 2, ':"f Cl EM4 TI~ $T. ), 2.2 ',8,913 3, 662 AREA..:! 1 ~i"O.42~ , m 2. +$6,137 2. ~6 WA n:;~)NT N 3, J.04:5.5~ !. jj'l' AflEA _" t. 1,575"'34 I. I 2. t ,2t2 2. 19 GOVERNlAENT DIS, ',), 1,~1$,0G6 ). 20 AREA '5 t. 55(\,$1. I, 2a2 IliAOVIOENCIA PK. 2- 8t."8 i- t22 :l. $$2,3" II 32. A~_& I. .2l$ U $. I. 1.238 t>.ORTlWEST 2. IU4211 2. 783 '3. ?'33i3?3 3, 2.021 ARtA" " 444,199 f C t, 34'0 CLEAR tAKE' 2, 4.ElU'il a (l 2,~ 3, ..,. '3. ~ ~,NO MEAn 1. 1.213'- t. III " 0 GCNE~'fMEm 2. '*.318 h.. 1.012._ 2- 7Cf 2.'; t.2~ 2. 0 2.a,~ HU ~. 2,149.&&3 ~,a. U2f.lte 3. Iii lU. '.401 :). C 3.<\. $00 .. Aft&A.o t, ~0.5 7' " , I. ., OItESCH'.)9Ef: 2. t. QU;1~2 2At, $9$.OO~ ~ 7P~ !.J 00 2. tOO ~.,). 350 BlVD 3.2.~.,;)z, :U, t.t..~t ). &00 U. tOO 3, ~oo 3.... 39 TOTAL 12,510,467 lUl&D.8I1 6,1$4 $,'" l.4_ 1.649 . NoilU: t om. inclW~j In 2.n MI9 3,. 1.1l3(lt~ fhl.J:4 Clt}t PMett o.vel~Nt. 2 TI'li$l~ i:UXjl9CWd to bi\ rlWNdto . ... thO fioQ,t.Nl tlpprotI'H 01yPlaot p;.~IcPment. 3. AtN$ , t:hfOlJQb 7 a~ not ~tld by tho car Plt\OI ~w1<fpmtr\t A,.;s ,.~ 1,290 d.\'~I"'lll unJtG Is fh", t'GC~1 (It ttw. 70a pI'OpoSOf;1 d\"~ ton'" t.'Wlt'ill A/!01'8 C.- ot.~ thf l))wnk:wNUptQWf1 DRn pittS ff~ 562 dwoDino l,It'it. l'll'.$fd by tl'lt C~ PQ DtvtloP'IntN~ 4 Af$" 19: ~ di.....IhO IIRts '.it '~OJtjm~ ~ctw.9_ ..1Qts (Within Ann #9 but t)vt~~ tl'-9 OoWnlowIVUptcwn OR~ olLis tM 0 dwolllnQ 001/$ ~q>C$Od by tht C~ Pftl~ Otvoklpt"l'lOflt, 12 ,....,_u~_._.,",...._____. '._'_~c~, < ..,;: ':;", ;>:j: Jr,'" ~~; ,.-'(?, - --' .. .---~~~~~"-'"'."'.~t~-'l*- - - .._-_......._---~..-,.-.- -----'--.---. ..~ ............_-_.----_...--..-.~~. - ...._'-------~-_.~.__._-. WESTGATE-BELVEDERE HOMES eRA TOEA REPORT Pollcvl..2-r Monitoring RequIred: Last Repott Received: Next Report Due; Yes-Annual N/A December 30, 2006 Poffcy Conditione; 1. Development approva's utilizing TCEA shan remaIn at or below maximum allowable limits for units, sq. ft., total dally trips, and total p.m. peak hour trips under Table TE-S. ENGINEER.NO AI.... tandUal tun"tJee Pl8nn9d Land Use Totals A'1bwabIe variance 'fl. (%) ~.~ . MfrmnumAlkiwIi. TABLE re-8 WESTGATfI8Elveogli HOtAqCRA -TCEA t-.IL& A .,V..ldt.TtJ.... .. ...tJLamrlfH.Nkf..' TriPI 0-., .Jc 3538 ~ LtttJt f..fIlt,~~ nama: ""'II 2. BegInning wIth March 31,2010 .annual.r$pOrt and at end of each reporting ~ipCl, cumulative ratio of approved res. unIts to 1000 sq ft.. ~c>v,cf. Office space shall remaIn between the max. and min. allowable. ratios under Table TE..S.ENQ'NEERlNG if 3. BegInning With March 31,.2010 annual repor;t and at end of~9hteporting period, cumulative ratio of approved res. unItS to 1000 sq. ft. approved other n()""'fJ~f(fflnthdspace sha1l remain between the max. and min. allowable ratJos under Table TE..S. ENOINEERfNG f, 13 - ,. --_.""-.....-'--......~._.,.... -vA _.._--------~.-.--...._- ............""-'----...,.,.--....... 4. By January 2008, eRA Board shall adopt an Inclusionary housing polley requIring alt major res. development (more than 10 dwelling units) not participating In bonus density program to set aside at least 10% of development for occupancy by very low Income and low-income households, and 10% for moderate-fnoome households. Unlts meetlng this rsq. shall Include no more than 40% renter occupied units for low and very low-Income households. And no more than 30% renter occupied units for mod. Inc. households. The remaining units must be owner occupied. Renter occupied units must continue to be attainable tor at least 20 years; owner oocupled for at least 10 years. Atta1naburty assured through deed restr~lons on these properties. PLANNING 5. eRA board shaUrmplement Incl. housing polley requiring developers participating In bonus density pool to set aside 40% of density bonus units for very low and low-Income hOUSeholds. Annual report starting March 31, 2008 must show number of the density bonus units for very low and low~ Income households created annually through bonus density pool. PLANNING 6. By January 2008, eRA Board shall Implement an Incentive program that rewards developers who mix two or more uses on one site for trip Internalization. ENGINeERING 7. By January 2010, eRA shall establish local transit circulator servioe running through ORA to transport Visitors and residents to main commercial corrklors. PALM TRAN a. By January 2008, eRA shaH undertake detailed transit study to develop local transit oonnector to downtown West Palm Beach. PALM TRAN 9. eRA shal contInue to coorcflnale with County Engmeerlng Dept. to improve sidewalk network and street features te create safe. baf~.~, 'IVable ~ets used for all forms of travel Including non- v&hfcular modes of travel. ENGINseAfNQIPALMTRAN 10. January 2007, eRA ShaJlebtaln rights 10 usepropBrty for development Of the greenway and shall complete the d$slgn . of the QreerJ\WlY. alo(lQsldethe L..2 Cwial. Design ShOuld show . how bikelwalkfng path WIll connect rfSldcmtial n~Dods to oommerclm cOrridors,ENGlNEERlNG 11. By January 2001, CRAshaJ' deV&lop a. parklngpla,ll IncorporaUngshared parking, parking garage, and parking reducQon J)rograms. ..taflored..to.~~fng.bu~ln... ~sJdents.~ltors to use anernatfve. modes of ttan~n,bt JOcatlnp J),9tkittg aWIlIY "'om. ~.rlfU1 8.nclblke pathways, providing Incentives ktr blk9i'Sand . carpoo,ers, and. by designing an envfronment that reduces dependency on automobiles. ZONtNG 12. The ORA Board in COOrdln;a~ .wfth!he.OOCJp~8~!d!~U.~f:l..thefe,~I~IUtYOf ~xt.t1CIl"g Westgate Ave. .f/'()m HllVJJrtffll"oaf1J().~og.....,. . . .. T'fjjC"" ~~'SHoUldC06rdfri.~ ViM County to implement Itterecomrn$rid.Il,tI~()'tfJft.~. stUdy for the eastemexteriSlonof Wfitgate Ave. up to Old Okeechbbee ReaCt . EN~~I 14 , ' '-._...,......,,-_..........~_y,.Il..dl.....-- ~ IX. OLD BUSINESS: A. oeEAN BREEZE UPDATE- INeENTIVE RECOMMENDATIONS. ~~~~Y~T8~ eRA . East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: October 25,2006 AGENDA ITEM: I Consent Agenda I X Old Business New Business Public Hearing Other SUBJECT: Ocean Breeze Update - Incentive Recommendations. SUMMARY: Staff has been working diligently with Mr, Larry Finklestein, the principal of Boynton Associates, owner of the Ocean Breeze development, to create an incentive package for the proposed development. According to Mr. Finklestein, the incentive package proposed by staff, with an approximate value of $3.4 million would not be enough to make the project feasible. At that point, CRA staff asked if the developer would be interested in selling the property. Mr. Finklestein stated that he would be interested in selling the property. Mr. Finklestein provided a copy of his $8.2 million appraisal of the property to staff. Staff advised Mr. Finklestein that negotiations could not proceed until the CRA had conducted its own appraisal and title search. The CRA staff initiated appraisal came in at $6.4 million. In the course of conducting the title search it was discovered that a Lis Pendens (a pending suit regarding real estate) has been filed against the property. The attorney for the plaintiff provided the CRA with a copy of the First Amended Complaint dated August 9, 2006. He also advised that the action could be complete within six months. A review of the First Amended Complaint discloses that the basis of the Complaint is non-payment of the debt service on the bonds that had been issued by the County as part of its housing assistance program. It is unclear whether this was the original basis for the foreclosure since the bank did not send its notice of acceleration of the balance due until July, 2006, which was followed by the filing of the First Amended Complaint. In any event, the bank, as trustee for the bondholders, is foreclosing and is seeking to eliminate all other liens on the property including the City's. The documents sued on also give the bank the right to seek to sell the property itself. Moreover, there is referenced in the documents a Land Use Restriction Agreement with the County which we have not had the opportunity to review. The foreclosure action involves a complex series of transactions involving Boynton Associates, the County, HUD and the bank as trustee for the bondholders. Due to lack of payment on the bonds, the trustee has significant authority and power to act on the property. Also, given that the property is in '~~qY~T2~ eRA . East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT foreclosure, the present owner is not in a position to make commitments regarding the property without the concurrence of the bank or until the foreclosure action is settled. FISCAL IMPACT: RECOMMENDA TIONS: Based on the present status of the property and the pending foreclosure action, eRA counsel advises that any effort to purchase the property be based on (I) appraisals obtained by the CRA, and (2) negotiations with Boynton Associates and the bank, concurrently, that would establish a purchase price in or around the appraised value of the property. If such negotiations are not successful, then counsel advises that the CRA allow foreclosure action to run its course and re-evaluate the situation once the ownership of the pr rty and the authority to transfer it has been clearly established. '\ Vivian L. Brooks eRA Planning Director ~ IX. OLD BUSINESS: B. RECONSIDERATION FOR DIFA ON 500 OCEAN PLAZA ~qY~Te~ iIi East Side-West Side-Seaside ~naissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: October 25, 2006 I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: 500 Ocean Plaza SUMMARY: At the September 12, 2006 CRA Board Meeting, CRA staff presented a status report for the 500 Ocean Plaza. The CRA Board motioned to reconsider the Direct Incentive Funding Agreement for the project at the October 25th CRA Board Meeting. eRA staff and CRA counsel met with the developer, Arthur Slavin of Centrum Properties and Bill Bloom of Holland & Knight on October 3, 2006. Mr. Slavin is now the managing partner for the project and has several projects throughout the state of Florida and is committed to making 500 Ocean a reality in Boynton Beach. Mr. Slavin also reported he is currently evaluating market indicators, product absorption within Boynton Beach and potentially considering redesigning components of the project. No timeline was set for this reevaluation period and staff requested Mr. Slavin come to the October meeting to introduce himself to the board as well as personally provide a project update. Mr. Slavin and Mr. Bloom gave a tour of the new sales office and would like to provide a tour to the CRA Board; staff is coordinating this event potentially for November. The enclosed marketing packet (orange folder in the back of your notebook) is current materials for your review. FISCAL IMPACT: None. 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Terrace Area Included on Un" 507 7TH - 16TH FLOOR N:t...~. ,,' Preliminary floor plan for preview purposes only, Dimensions and plans shown are approximate and subject to change, See sales representative for details, Developer reserves the right to alter and improve without notice, Oral representation cannot be relied upon as correctly stating representation of the developer, For correct representation make reference to the purchase agreement and to the documents required by section 718,503 Florida Statutes to be furnished by developer to buyer or lessee, Not an offer where prohibited by State statutes, We are pledged to the letter and spirit of the U,S, policy for the achievement of equal housing opportunity throughout the nation, We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race. color, religion, sex, handicap, familial status or national origin, Equal Housing Opportunity, ~ (f LIVING/DINING ROOM 20'-5" X 14'-0" MASTER BEDROOM 13'-2" X 11'-10" BALCONY 5'-6"x13'-O' South Tower 5TH FLOOR 2NO - 4TH FLOOR 2NO - 4TH FLOOR North Tower 5TH FLOOR unit A2 215-415 217-417 7TH - 16TH FLOOR 6TH FLOOR 1 Bedroom, 1 Bathroom Ale 780 sq.ft. Balcony 72 sq.ft, f' South Tower 5TH FLOOR LIVING/DINING ROOM 14'-0" X 16'-6" BALCONY 13'_0" X 5'-6" 2ND - 4TH FLOOR MASTER BEDROOM 12'_0" X 13'-2" North Tower 6TH FLOOR Total 852 sq,ft. 7TH - , 6TH FLOOR Nt Preliminary floor plan for preview purposes only, Dimensions and plans shown are approximate and subject to change, See sales representative for details, Developer reserves the right to alter and improve without notice, Oral representation cannot be relied upon as correclly stating representation of the developer, For correct representation make reference to the purchase agreemenl and to the documents required by section 718,503 Florida Statutes to be furnished by developer to buyer or lessee, Not an offer where prohibited by State statutes, We are pledged to the letter and spirit of the U,S, policy for the achievement of equal housing opporlunity throughout the nation, We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin, Equal Housing Opportunity, 2ND - 4TH FLOOR 5TH FLOOR unit A3 220-420 7TI1. 16TH FLOOR 6TH FLOOR 1 Bedroom, 1 Bathroom NC 943sq,ft, Balcony 105 sq,ft. Total 1,048 sq.ft. 7TH . 16TH FLOOR Nt- Preliminary floor plan for preview purposes only, Dimensions and plans shown are approximate and subject to change, See sales representative for details, Developer reserves the right to alter and improve without notice, Oral representation cannot be relied upon as correctly stating representation of the developer, For correct representation make reference to the purchase agreement and to the documents required by seclion 718,503 Florida Statutes to be furnished by developer to buyer or lessee, Not an offer where prohibited by State statutes, We are pledged to the leller and spirit of the V,S, policy for the achievement of equal housing opportunity throughout the nation, We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin, Equal Housing Opportunity, , o BALCONY 17'-6" X 6'-0" MASTER BEDROOM 12'-6" X 12'-2" L1VINGIDINING ROOM 19'-5" X 16'-4" o South Tower North Tower 5TH FLOOR 2NO ' 4TH FLOOR 2ND. 4TH FLOOR 6TH FLOOR 5TH FLOOR unit A4 204.504 7TH . 16TH FLOOR 1 Bedroom, 1 Bathroom Ale 825 sq.ft, Balcony 110 sq.ft, Total 935 sq.ft. I BALCONY 10'.0" x11'-0" I I MASTER BEDROOM 12'-7" X 11'.10" , L1VINGIDINING ROOM 20'-5" x 13'.1" W.I.C. North Tower South Tower 2NO ,4TH FLOOR 2NO . 4TH FLOOR 5TH FLOOR 6TH FLOOR 6TH FLOOR 5TH FLOOR 7TH, 16TH FLOOR N" Preliminary floor plan for preview purposes only, Dimensions and plans shown are approximate and subject to change, See sales representative for details, Developer reserves the right to alter and improve without notice, Oral representation cannot be relied upon as correctly stating representation of the developer, For correct representation make reference to the purchase agreement and to the documents required by section 718,503 Florida Statutes to be furnished by developer to buyer or lessee, Not an offer where prohibited by State statutes, We are pledged to the letter and spirit of the U,S, policy for the achievement of equal housing opportunity throughout the nation, We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin, Equal Housing Opportunity, unit A5 603-1603 7TH - 16TH FLOOR 6TH FLOOR 1 Bedroom, 1 Bathroom LIVING ROOM 18'-4" x 13'-1" Ale 893 sq.ft, . DINING ROOM 9'-11" x 8'-0" MASTER BEDROOM 13'-6" x 12'-4" South Tower 5TH FLOOR 2ND - 4TH FLOOR 2ND - 4TH flOOR BALCONY 5'-6" x13'-Q" North Tower 5TH FLOOR Balcony 72 sq.ft, 6TH FLOOR Total 965 sq.ft. 7TH - 16TH FLOOR Nt" Preliminary floor plan for preview purposes only, Dimensions and plans shown are approximate and subject to change, See sales representative for details, Developer reserves the right to alter and improve without notice, Oral representation cannot be relied upon as correctly stating representation of the developer, For correct representation make reference to the purchase agreement and to the documents required by section 718,503 Florida Statutes to be furnished by developer to buyer or lessee, Not an offer where prohibited by State statutes, We are pledged to the letter and spirit of the U,S, policy for the achievement of equal housing opportunity throughout the nation, We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin, Equal Housing Opportunity, BAlCONY 5'-6' x 13'-0" , MASTER BEDROOM 13'-2' x 12'-0" LIVING/DINING ROOM 20'.5" x 13'-0" DEN 11'-8" x 10'-0" South Tower North Tower 7TH . 16TH FLOOR 6TH FlOOR 5TH FlOOR .-r--- 2ND - 4TH FLOOR 2ND. 4TH FlOOR 5TH FlOOR 6TH FlOOR 7TH . 16TH FlOOR Nt ., BALCONY 13'-0" x 5'-6" DEN 8'-1" x 10'-4" MASTER BEDROOM 12'-0" x 13'-2" LIVING/DINING ROOM 13'-9" x 20'-6" J) South Tower North Tower nH . 16TH FLOOR 6TH FLOOR 5TH FLOOR 2ND - 4TH FLOOR 2ND - 4TH flOOR 5TH FLOOR 6TH flOOR nH . 16TH FLOOR Nf' ~ \" \ I'" DEN I 12'-6" x 8'-0" .. /" I' II~~~ - (f 1) m--t~ I i'P=R - hel I I L.J ./ IL , :,; (-t Ie KITCHEN "" M.BATH (J) 12'-6" x 9'-2" I c: I I I I "'1----- J ': IGJfJl~)<=-;; D ~~ IF L_-_--=---_-_-~_=_~__' 1 I , I I ~~C.I I I I I I LIVING/DINING ROOM 19'-1" x 13'-7" MASTER BEDROOM 12'-0" x 13'-2" 0 BALCONY 6'-0" x 19'-6" South Tower North Tower 7TH - 16TH FLOOR 6TH FLOOR 5TH flOOR 2ND - 4TH FLOOR 2ND - 4TH FLOOR 5TH FLOOR 6TH FLOOR 7TH ' 16TH FLOOR Nt .- o DEN 9'-1" x 10'-0" MASTER BEDROOM 14'-0" x 12'-0" LIVING/DINING ROOM 24'-1" x 14'-0" BALCONY '-6" x 13'-0' South Tower North Tower 7TH - , 6TH FLOOR 6TH FLOOR 5TH FLOOR 2NO - 4TH FLOOR 2ND - 4TH FLOOR 5TH FLOOR 6TH FLOOR 7TH - , 6TH FLOOR N' ~ ~,- I !w(/ ~r 0 01 2~ , ~ I I I I MASTER BEDROOM I M.BATH .... - 12'-10" x 12'-0" ./ I I I I v-- I \ - LL:J) ~O '-- /~ '-- f- i'Rl L =- i I V r- If' ~7J1 I II "/ II , ~ ~ LIVING/DINING ROOM - - I /" -.-- II<.-_::JJ 15'-8" X 18'-5" 1:8 I - ~ I BALCONY :'8 - - II m 6'-0" x15'-0" ,I - - LL_-:J DEN I 8'-1" x 7'-0" KITCHEN f- 0 9'-10" x 9'-1" I I I I t- II II - South Tower North Tower 7TH - 16TH FLOOR 6TH FlOOR 5TH FLOOR 2NO - 4TH FLOOR 2ND - 4TH FLOOR 5TH FLOOR 6TH FlOOR 7TH . 16TH FLOOR Nt unltc1 219-419 Iii HI, H \I~~ ::~= J \V ASTER: BEDR(X)tI~ '111'_8" 14H 2 Bedrooms, 2 Bathrooms f 'lU' ,I ~ II; ~ Ir=']~ , 'l~l__,_~ L ~ 'I ] , ,. VI/'JG 1::iOM :i' - '11 ".:~ I ~",.?, B.I~.L.C>:iIJY '13.'.0" ) :: '-13" ~~~~i"~~:__,, c "'--'-",",.. .",._~,-,_.._""-."",,._,_.- ..~.. "'~""---'--"._"" ~ .11 ,I.. In ~. ; H~ --1"'1 ..t'.~! :il[ I I~rl ;i.~m~ r"""- ~._ . J IH FLCIOl1 Sc'uth rower l11:J :j~J 5TH FlOI 'H IJn~'n f.1 ~_l!...l: I ['- i~- I I. ~~.- J[ . '-~ J I'---L .i-'\ r Ale 1 ,175 sq,ft, i.r II: t I I l I I ", 1'1 .. i~'~ Balcony 72 SQ,ft, ....,. ", 'l'01a1 '1 ,247Iq.ft. r'" , ,. I I'\! ','(; F~(Ii)! ~ .. ) if -' BE DfmOl' II ;'1 1 ;:', [J )('1::', 1\: ij ~;i~~~ !~~: ]I ~- "'''''''---~.. .... .,...,'.... ._,--"". jl~~ r:l~~ J_n , --, ,I~ 1 J..r .~. i[' " : :.',. I , .L... [r ~]I..I"'.- ~'.. r.... iW ' ' ,F "j. 'f"~i;' 'l II ._ "'l J "Ie 11011 nil,. Ilil' [1(11{ l'lnl1h !OVtlf.'I' , r-~I I"-".-:"a: ~t!! ~cl I. .. [~ '~-i I I ".-.'10 :..- ~J ~~~J l__l r 511111' J).. H Inti FLOOR t;TH ~l' DF; I \! Ii unit C2 205-405 7TH - 16TH flOOR 2 Bedrooms, 21/2 Bathrooms + Den Ale 1,440 sq.ft, Total 1,514 sq,ft, 7TH - 16TH FLOOR N~ Preliminary floor plan for preview purposes only, Dimensions and plans shown are approximate and subject to change, See sales representative for details, Developer reserves the right to alter and improve without notice. Oral representation cannot be relied upon as correctly stating representation of the developer. For correct representation make reference to the purchase agreement and to the documents required by section 718,503 Florida Statutes to be furnished by developer to buyer or lessee, Not an offer where prohibited by State statutes, We are pledged to the letter and spirit of the V,S, policy for the achievement of equal housing opportunity throughout the nation, We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or nationa' origin, Equal Housing Opportunity, Balcony 74 sq.ft, " ( ( 113cL 1 I r T V( I MASTER BEDROOM , M BATH 1\ ~ I 1 1 13'-10. x 12'-0" I 00 I~ ~ I-- I--r= - ~ 1 IPi T II I-- f-- II I' I-- f-- I @II 011 - - o II BALCONY fI'-7J1 - - 5'-6" x 13'-6 1 ..../ II LIVING/DINING ROOM KITCHEN l.Lo~~1 . - - 24'-11" x 12'-11" 1 10'-3" x 9'-2" t--- "" - 0 "- ,/ " S? II I - II ,~ ~CL Il DEN f---IT 0 TTTr BEDROOM 2 11'-1" x 9'-6" I- BATH 2 '\ 12'-3" x 11'-6" I-- f---P.R. .1 I "-- I~I 1 1 r:::: f---- ~1 ~g~ Q r 0 IF L--..J r South Tower North Tower 6TH FLOOR 5TH FLOOR 2ND - 4TH FLOOR 2ND - 4TH FLOOR 5TH flOOR 6TH FLOOR unites 1;~,:,.,..~,"Of"''1''''''_ .,. ->~I'- '-q-~'P'-' ~,~ "-'''"''.11''1"" ~-~,,,..^.. "'''''';"01'''<''''''~~f'''!\'''I'' ", ;.- .~~.".'<~~ l'I"l'If""'";wn: , -':l " ~ ;-, : I ' ~ I , I 'i ( 1 , "1 ) I ~ I I ;' 1 'I ~ 'l ' , ' , I' 1 ., f ' 1/ ! : 1 ,I : ' "J ' , ,I : l j ".' , 11 '.. . ' AlO 1,371 SQ,ft,l8alcony .99-~9 sq.f1. Total 1,47~1.7ao8ll.ft.. 2 !JIedfOOl1'I8, :2.BaUlrooms 511-1611 Tef11lC8 Aree Included OIl Uni1511 (D' L':, .' 11 "1 It L 1 I I I I I; I I iii~ :1', " -.,-.......,.-; ~ ~-i :;;-+: "'rH'! I. Jell' ,I J 1'1 I> )I I 't f I!i;i I p. relim..... .'.....". a.........r....y. ....f 100 ....r. p.. la.n.. for.. p r.~. ~...........i... .w.. P u.r P o. ses. O"..,.~...,... .... .......'..... to alter and Improve wltho II~jl' oti~e, Oral repr en to the pUrfhase;agreement a,n, .t~e docu"1"nt$ ul We a~e;p~d~d.o the Jetter, I ,spirit of tile t):$ lll!.,.'.'.... ~nd l11iilrk~libgprogr~m in W I..' !there are no ba~ .,el'$.,....'. I II ...I! .. I I Iii Ii , I reseritat 19pe~. f Jee, ill'f! l\le1'loou Wu,s ~r n i;; r" fo details,: De eloper reserVes e right o eet .r~et~5 ntationmake)" et,,;mce , fer w 11"..."........."'........hll:>. '.t.e dh..y $..,t.a.t...e. '.!..~....ltlt....'.'.,...e s, d $111'. rt n atflrmalivll:a.~ Jt~ng I orlgl~ .~~ al HOUSI"gp~p ~..~ty, 't.~: ~-n",..-...'I,.-~rm",' ~-~__,','.,w1"~~" ';rr--1"~T"~'l:1:r''" T"'!'?'l rTTm.r~Tll'l"<.~f"?'r~~~~~~~~; ""'_Y"0-~~~.~~;:''l'''!'~'''';:' !~ r1\!,,'~~~~?'~~'~~\~ unit eLl- 509-1609 f _I I [e I, : 1<1 I 1:-:)1 In.!,. :':~-F. ~,l t . i .' ii .__.J!~ -.- ;,.._-- -,---j ,='] "I " ( hU( I' I 11 CHEN !I ,~l'-C 2 Bedrooms, 2 Bathrooms Ale 1,229 sq,ft, Balcony 72-410 sq.tt, I. -li' --,~, -I T- .if _J , - r'l SA'.H --- j Ii :i:ou1'11')Wl!I l' 1J:t , ~n ~1:- ,.r., [..._,.J ".I, Ic.'~ '."t:.!~~] '1, ..._J 5HI FU on 1\1\'11 -) };'. ~ [1.,;:' [:, 1'--' I , I~:;, i~( C ) , '!III, Ir'~''''- J=-,,"" ..-I... I[ : I E;~ hE ).~ 1 I ~ 'I I. 1N ~1 . ~ \ (3 I" row l' d r -, I I I' 't: -- I II II"if 'L~' i.t::1 I ] j] -I L " ;I\IIJ IT 01; I ' f IlOOR Total 1,301.1,639!1q.ft. Terrace Area Included on Unit 509 'II \1 , , ~veloper reserves (h~~r.jghl r sentatJon ma"ke reference r.oI>... '.b lted by... Stale'~tHo..'tes, i1n aff\rlT1ati\leaMe(tl~ing ualHouslng OPP~~ynIIYi ': unit C5 2 Bedrooms, 2 Bathrooms Ale 1,319 sq,ft, Balcony n -199 sq.ft Total 1,396-1,5186l1.ft 505-1605 Terrace Area Included on Unit 505 :1 . : '-' ). \ I r~'" - .- [ ! . I, <l f: II I.. " I 'I II I I I ... I I' I :J J :r ':.]IL ,___.1 III I Ir::TlIII' 1-- -,,, SOlltl1 J'OVliIli ~nn 'I',' [.... I ri 1--' ~:' i l.....j.t ..J .~, - --- \ L UJ I. ,~~_,! I L.-.'i ...J ~:J I t itl I: L 'TH 6,. 5Ti 1'1.0 IFI 51H flOOR :> - jf'H I .11:)1 II D . III ! !r .1 I: 'j ; ~~~ ", '~ry'~~~'),t,;~~l~""'>;\!''\'~~'~~& ''Y'',~.'"~ft~~~:<:n;~'~~~~~~:i''' ~':"'-~~~~~""~"'~!4,~~,~"~""~-~~~~I?~'"""'l:'~~~-_.",,,,,"j:,,',_-,,--,-",_-"'<'~..rr~ , ' , " , unitc6 2 BedrooRlS, 2 Bathrooms Ale 1,260 sq,ft, Balcony 110-278 sqft, Total 1,370-1 t538 -'I.ft. 604-1604 Exlenlled Balcony Included on Unit 604 l-c re.,- \1 I <( ( 1 'I :i J, . (';'1\ / ( .:: -I , f' j, 8FDF-;)O!\ '1 ,1; I" ~;lI!~ l:wH 1,lv'if! '''(I'd I' Ij _d'il !, IJ: :11 I ! ..j,., r-' I' I:. I.. (-- ~" ,:I _1'- --"-,~" ,-J .r--- ':J ...Ji...r_l_ Ii' I I: ~.!]]r . .L I' . I 6'~ I (I oFi EiTti L::{I! 1(,[ ?,,~ n I: ::~[ .. ,rTfl FlOOfl ill'!'III'1 I'l II I , hi l pe.I'.r..,..es.e.rv.es., .' lio make ite by S\8t' ir aU"., o lng' , " unit Cy 702-1602 11 " i' lIl' Towe,. J '/t-- .I--J 'I: I ;:1j ,_,1-- L_j _IL :1 rr ..Wif r-li: i' Ii ,., FLOOR .~~-~~~~.I'rO,,~_,'t~,j;",,~,~;.~~,'~~~~"'__"_""_~"" "'>:T~~~~~~~~'~:~7i~~~t:~ 2 Bedroo/ll$, 2 Bathrooms t~ n",( f,' 1\ ill!, '\, > 1 Ale 1,357 SQ.lt Balcony 99 sq,ft, Total 1;456 aq.fL J t [J North Jr" r- , 1-- ~~L [ I ,-11 >l N 1 [-: ,I ! ___ J ~ l, ~ ~ I i,1 ;~ ~ ,) ~_ ,I :;;~'-';I: , [~, " 1-- :' , f .J:l1I 5i H fJIO f T'H FlI BEDFOC:,M 2 '1'.]' >: i!'.,(1" [J ,.......-r ~:I IL__I .li"iL..~ - 'L j=V"" T,L_ - r---l. ."g::J J [j::.: I~ I 2ND - T ii' 0'1 atlve fo, detaiJs,peveJope, reserves, ' ,.FOT correct rep~".enjalionrnaket O. .,I.:a' .n..of...../'" whe r,~.I.~... '.0 h. I bil,.e.d...,b..Y.....S.la..te . urage..nd sUPl>" ,~nilf(jrlliad"'e.~ rilallonalorlgin,. quai Hou$I"8 Opp . ,.. .. 'II:' ;,. ..'>'<1 r ~~~.., ,"W V'";~1.!!>1!.1"'1 "'~. "T~"' ....."..~,~ 1'~'''''''~~~''''''''''''~'~''~''~''!''_'';''.'''''''''''~''~.'~''.'J7'''''7':3'":'t'(':8,;:~'~'7-'~ unit C8 701-1601 eII'U, Tower I~ It , L L. II I~ Lr ,I l r j. H)T' 111 FLOOR 2 Bedrooms', 2 Bathrooms Ale 1,243 sqJt. Balcony 90 SQ ft, TotaI1,333aq,ft. lU ... L=~-" "1,:1'. { d\lit\; i 13/\ rH ~ I [="'11 11[[ - -II~ I 'I i llJ., ~->I II r-- ',it, ~. E:[ F< 1'1 r--'- Iv 'II "I :1'", I' lJ~ :( ~==i[ . ,~..,--:'~L~ C ,~[ .'= \~'!~'-_.. J_- .....r-.l..1 -1__ ! I .11 ,I ~~ 1 CJi 1_"]'_ L. _.r I, Il' : lID. 4TH II OR ~i: ('TH I' ,I I unit 01 213-413 7TH ' 16TH FLOOR 6TH FLOOR 2 Bedrooms, 2 lfl Bathrooms + Den I~ OIL~" ~ 11 c. r-P(, V V' I YL \ I Iw.l'C' Ll ~., 0 T I I -' ~ I BATH;- I I I ~ t-- IICJII II~~ I W,I.C,\\j + -~ ~ v ~ ;--~ ~3 o-f- - KITCHEN II~~ 11'-0" X 9'-1" I UOO[~(J T -------- -I r? Ale 1,696 sq.ft, Balcony 72 sq.ft, 'f /I I III '--fJf DEN 11'-3" xS'-7" IF 6TH FLOOR Total 1,768 sq.ft, 7TH - 16TH flOOR N...' " , ."minary floor plan for preview purposes only, Dimensions and plans shown are approximate and subject to change, See sales representative for details, Developer reserves the right to alter and improve without notice, Oral representation cannot be relied upon as correctly stating representation of the developer, For correct representation make reference to the purchase agreement and to the documents required by section 718,503 Florida Statutes to be furnished by developer to buyer or lessee, Not an offer where prohibited by State statutes, We are pledged to the letter and spirit of the V,S, policy for the achievement of equal housing opportunity throughout the nation, We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial 5Iatus or national origin, Equal Housing Opportunity, LIVING/DINING ROOM 14'-5' X 22'-3" ----' BEDROOM 2 12'-4" X 12'-10' ===, BALCONY 13'-6' X 5'-6" South Tower 5TH FLOOR 2ND. 4TH FLOOR - J I... V' \ ~ X=: I "--'- CO M, BATH I I CO 1/Y1 I x o ~ o o z ~ P-~I I /W,I.C.\ I ~~ (L MASTER BEDROOM 14'-3" X 13'-0' North Tower 2ND - 4TH FLOOR 5TH flOOR unit 02 211-411 7TH -16TH flOOR 2 Bedrooms, 2 11l Bathrooms + Den 1~lr l.....J I ~ P,R,v CD / If == GeJ ~ It>Z }~ ~ 6TH FLOOR V ! MASTER BEDROOM 12'-3" x 15'-2" I 11 Ale 1,624 sq,ft. , - ~O~~I1?: ~j:J III I I ,'ll+ \/ "'=== ~~ -if &-- ~ ~ ---1 KITCHEN 14'-1" x 9'-3" Q) Q) ~~_c-~]~ T T iF II II BEDROOM 2 12'-11" x 12'-0" o DEN 9'-1" x 12'-4" North Tower 5TH FLOOR Balcony 99 sq,ft, r IF 6TH FLOOR Total 1,723 sq.ft. 7TH . 16TH FLOOR Nt~ . .eliminary floor plan for preview purposes only, Dimensions and plans shown are approximate and subject to change, See sales representative for details, Developer reserves the right to alter and improve without notice, Oral representation cannot be relied upon as correctly stating representation of the developer, For correct representation make reference to the purchase agreement and to the documents required by section 718,503 Florida Statutes to be furnished by developer to buyer or lessee, Not an offer where prohibited by State statutes, We are pledged to the leller and spirit of the U,S, policy for the achievement of equal housing opportunity throughout the nation, We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin, Equal Housing Opportunity, South Tower 5TH FLOOR LIVING ROOM 18'-0" x 17'-11" BALCONY 16'-6" x 6'-0" o 2NO - 4TH FLOOR 2NO - 4TH FLOOR unit 03 209-409 7TH - 16TH flOOR 2 Bedrooms, 2 1/2 Bathrooms + Den Balcony 72 sQ.ft. Ale 1,564 sQ.ft, , r-----o r-- o !CL) ~ jO F\1~0 6 0 :l j- I r::::::: I I /' I) j-P,Ro( BATH 2/ -- I I if I I BEDROOM 2 1'=1= DEN 1> 12'-1" x 12'-1" II II ) 9'-8" x 11'-7" ci^&^ q 14---' 112 W / ,1~ j I- KITCHEN h11'-O" x 10'-7"P-- -l-: I- LIVING! DINING ROOM BALCONY ~ 8'1 24'-6" x 13'-9" I rK-~ : i I- 13'-0" x 5'-6' ~Vll I- ~/, I -~ I l- II 00 J 'D, o lD I~rt 0 + ~ 00 - - I rW~\ ~ " I I I I 1-- I I / 1-_ M. BATH MASTER BEDROOM I I I I I 14'-6" x 11'-7" I I I I X (f Jj ^~~~~ ~ - cC -rr-- 'CL South Tower North Tower Total 1,636 sq.ft. 7T1i - 16T1i FLOOR r~t ,minary floor plan for preview purposes only, Dimensions and plans shown are approximate and subject to change, See sales representative for details, Developer reserves the right to alter and improve without notice, Oral representation cannot be relied upon as correctly stating representation of the developer, For correct represenlation make reference to the purchase agreement and to the documents required by section 718,503 Florida Statutes to be furnished by developer to buyer or lessee, Not an offer where prohibited by State statutes, We are pledged to the letter and spirit of the U,S, policy for the achievement of equal housing opportunity throughout the nation, We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial stalus or national origin, Equal Housing Opportunity, 6T1i flOOR 5TH flOOR 2NO 0 4TH flOOR 5TH FLOOR 2ND - 4TH FLOOR 6TH FLOOR ~ IX. OLD BUSINESS: C. REeONSIDERATION FOR THE DIFA ON THE PROMENADE. '\G- '.-;.... \ r :. ~1~qy~Te~eRA iii East Side-West S.,de-Seaside R@naissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: October 25,2006 I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: The Promenade Project SUMMARY: At the September 12,2006 CRA Board Meeting, a staff report was presented on the Promenade project. After the discussion period the board motioned to reconsider the incentive for the Promenade at the October CRA Board meeting. CRA counsel coordinated a meeting between the developers and CRA staff that occurred on October 5,2006. Mr. Jeff Krinsky is the project principal and along with his partner provided a project status update. The Promenade is slated to begin construction at the beginning of the 2007. Mr. Krinsky reported the construction start date is not beholden to a lender threshold of sales requirements that would potentially delay the project. Staff discussed the developer's desire to reopen the DIFA and consider other options; however, the developer feels comfortable with original agreement. Mr. Krinsky also reported his actions with regard to the sales for the affordable units. Mr. Krinsky posted a notice in his sales office and provided Mr. Hutchinson a list of units available. As new CRA staff, I do recall this list sent to our office. CRA staff did not participate in the drafting of the original agreement and as such was not confident in knowing the spirit of the board's intent. requested the developer prepare a letter with exhibits of their compliance to the Direct Incentive Funding Agreement. Additionally, staff requested their attendance to address the board on the matter. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\06 1025 CRA Board Meeting\Promenade.doc FISCAL IMPACT: RECOMMENDATIONS: ~ c..- . a Bright, Executive . ector r- Greenberg Traurig ~E"".' k r" -;..{, g.'1-~ ;\~ '." ~,,.., t: ~j ~'i~ ~.~ (~ ~ F'YW.,j"r'J\I B'" . -, , ~~; I ~'" " 'i.), '_/" '''.~,. ~~~~~!;! k.-'-~r~ Memorandum TO: Lisa Bright cc: Jeff Krinsky FROM: Paul D'Arelli DATE: October 12,2006 RE: Promenade Hi Lisa. Our client, Boynton Waterways Investment Associates, LLC, is continuing to move forward diligently to bring the Promenade project to the City of Boynton Beach and we wanted to take this opportunity to provide you with an update regarding the status of our client's compliance with the requirements of the Direct Incentive Funding Agreement (DIF A) for the project. Pursuant to the DlF A, the developer was required to hold 16 units for affordable purchase for 180 days after the units were advertised for eligibility. In accordance with this requirement, the developer began to advertise the units as available affordable access units on February 10,2005, with signage posted prominently in the sales office. We will provide an affidavit from Premier Sale Group confirming that the signage remained posted at the front reception desk of the sales office for over 180 days. For your reference, we will be mailing you a photograph of the sign that was posted in the sales office. During that 180- day period, only one buyer signed a reservation agreement for an affordable access unit and that buyer elected not go under contract to purchase the unit. Since only one prospective purchaser reserved an affordable access unit, our client took the additional, albeit unnecessary, step of sending the then-CRA Director Doug Hutchinson a list of the units and their respective sales prices after the 180-day period had passed so that Mr. Hutchinson could circulate it to any interested community housing agencies that might have candidates that would be interested in the units. However, no additional purchasers came forward to purchase units. In addition to full compliance with the requirements for the residential affordable access unit as described above, our client is complying with the requirements in the DlF A for commercial affordable access. To wit, the developer is making 10% of the total square feet of retail space available to local merchants at rent that is 50 percent below market rates. Greenberg Traurig, P,A, I Attorneys at law I 401 East las Olas Boulevard I Suite 2000 I Fort lauderdale, Fl 33301 Tel 954.765,0500 I Fax 954.765,1477 ALBANY AMSTERDAM ATLANTA BOCA RATON BOSTON BRUSSELS' CHICAGO DALLAS DELAWARE DENVER fORT LAUDERDALE HOUSTON LAS VEGAS LONDOW LOS ANGELES MIAMI MILAN' NEW JERSEY NEW YORK ORANGE COUNTY ORLANDO PHILADELPHIA PHOENIX ROME' SACRAMENTO SILICON VALLEY TALLAHASSEE TOKYO' TYSONS CORNER WASHINGTON, D.C WEST PALM BEACH ZURICH *StraregicAlliance Tokyo-Office/Strategic AlI~an(e www.gtlaw.com To: From: Date: Re: Lisa Bright Paul D'Arelli October 12,2006 Promenade Page 2 Lastly, in accordance with the requirements of the DIFA, the~eveloper will be making 111 parking spaces available to the public for free during the term of the agreement upon completion of construction. Should you have any questions, please feel free to call Jeff Krinsky or me and we would be happy to provide you with any additional information you might request. Greenberg Traurig, PA .. ~ IX. OLD BUSINESS: D. APPROVAL REVISIONS OF PURCHASE AGREEMENT FOR PETERS PARCEL AT oeEAN BREEZE 1~~~Y~T8~ eRA iii East Side-West Side-Seaside Renaissance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: AGENDA ITEM: October 25,2006 x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Approval revisions of Purchase Agreement for Peters parcel at Ocean Breeze. SUMMARY: The seller desired changes to the Purchase Agreement fonn. eRA legal staff reviewed the request and agreed to the changes. FISCAL IMPACT: The CRA will incur the seller closing costs. RECOMMENDATIONS: Approve the amended Purchase Agreement. ~~ CRA Planning Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Compleled Agenda Item Request Forms by Meeting\06 10 25 eRA Board Meetin9\Amend Peters Purchase Agreement.doc Page 1 of2 Brooks, Vivian _W~_^___"'_~'~_____'___*_'___.__'___'.___'___~~"__.___~_^_~_'__~_~'________'^____._.._".~__._N___'~~_"'___^'___"'A',,_~ .'______,,__. "_'.~"~."V.H._ _,',_,~_,_~~.,,~,^.,,_.____V^.. m.___.___,,__.____,__.. ~"'_."...._._.Vh'"_,_____^,,.. ""~__~"_"^_'.'."..' m,,'__~' ,_ m: Kenneth Dodge [kdodge@lIw-law.com] Sent: Monday, September 25, 2006 11 :59 AM To: Brooks, Vivian Cc: Kenneth Spillias; Reardon, Robert Subject: FW: Doug Peters Attachments: Revised contract.doc Vivian - I spoke with Ken Spillias about the revisions to the attached contract. The revisions are highlighted and are in the following paragraphs: 1) Par, 7,0 - last sentence of this section on our due diligence period, Peters wanted to be clear the property is "as-is", We don't have a problem with the added language as we will have full opportunity to inspect it prior to electing to close, Actually, it could be argued that this language was implied anyway, 2) Paragraph 10,3 was modified to have the eRA pay all closing fees, This had been agreed to by the parties, 3) Paragraph 17 (and subsections) were deleted in their entirety, This removes all environmental warranties by Seller as well all Seller deliverables (which he claims he doesn't have anyway), As with # 1 above we can live with this as we have full opportunity to conduct environmental assessments of the property before deciding to close, What this means of course is we need to be sure to get a phase 1 (and, if necessary, a phase 2) to make sure we are satisfied with the environmental condition of this property. Please let me know if you have any questions, Vivian - let me know if you can't accept the changes and get a clean copy and I will resend. Thanks, Kenneth W. Dodge, Esquire Lr ", Longman & Walker, P.A. 1 ..Jalm Beach Lakes Blvd" Suite 1000 West Palm Beach, Florida 33401 (561) 640-0820 Phone (561) 640-8202 Facsimile THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE IS ATTORNEY/CLIENT PRIVILEGED AND CONFIDENTIAL INFORMA TION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIA TEL Y NOTIFY US BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE-ADDRESS VIA THE POSTAL SERVICE. THANK YOU, From: Kenneth Dodge Sent: Friday, September 22,20064:16 PM To: Kenneth Spillias Subject: FW: Doug Peters I need to talk with you real quick Kenneth W. Dodge, Esquire Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Blvd" Suite 1000 West Palm Beach, Florida 33401 (561) 640-0820 Phone (5 140-8202 Facsimile 09/27/2006 PURCHASE AGREEMENT This Purchase Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "CRA") and PETERS BOYNTON TERRACE, LLC. (hereinafter "SELLER"), having an address of 6023 Le-lac Road, Boca Raton, Florida 33496. In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALEIPROPERTY. SELLER agrees to sell and convey to CRA and CRA agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Property located in Palm Beach County, Florida (the "Property") and more particularly described as follows: Lots 130, 131, 132 and 133, Block "C" "BOYNTON HILLS", according to the plat thereof, as recorded in Plat Book 4, Page 51, of the Public Records of Palm beach County, Florida together with vacated portion of N. W. 7th Court, lying adjacent to and southerly of Lot 130, Block "C" recorded in Plat Book 4, Page 51. 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Four Hundred Seventy Thousand and 001100 ($470,000.00) Dollars, payable in cash, by wire transfer of United States Dollars at the Closing. 3. DEPOSIT. 3.1 Earnest Monev Deposit. Within three (3) Business Days after the Effective Date, CRA shall deliver to Lewis, Longman & Walker, P.A.("Escrow Agent") a deposit in the amount ofTen and 001100 ($10.00) Dollars (the "Deposit"). 3.2 ApplicationlDisbursement of Deposit. The Deposit shall be applied and disbursed as follows: The Deposit shall be delivered to SELLER at Closing and the CRA shall receive credit for such amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the CRA. If this Agreement is terminated due to a default, pursuant to Section 12, the Deposit shall be delivered to (or retained by, as applicable) the non-defaulting Party, and the non-defaulting Party shall have such additional rights, if any, as are provided in Section 12. 3.3 Escrow Agent. CRA and SELLER authorize Escrow Agent to receive, deposit and hold funds in escrow and, subject to clearance, disburse them upon proper PURCHASE AGREEMENT Page 2 of 10 authorization and in accordance with Florida law and the terms of this Agreement. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to CRA and SELLER, unless the misdelivery is due to Escrow Agent's willful breach of this Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable attorney's fees and costs to be paid from the escrowed funds which are charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 4. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS: EFFECTIVE DATE. If this Agreement is not executed by and delivered to all parties on or before October 31, 2006, the Deposit will, at CRA's option, be returned and this offer shall be deemed withdrawn. Unless otherwise stated, the time for acceptance of any counteroffers shall be five (5) days from the date the counteroffer is delivered. The date of this Agreement (the "Effective Date") shall be the date when the last one of the CRA and SELLER has signed or initialed this offer or the final counteroffer. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before November 30, 2006 (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to CRA, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which CRA fails to object, or which CRA agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7.0 Investigation of the Property. During the term of this Agreement ("Feasibility Period"), CRA, and CRA's agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents"), shall have the right, at CRA's expense, to make inquiries of, and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, and investigations of the Property, including but not limited to Phase I and Phase II investigations, which CRA may deem necessary. During this Feasibility Period, CRA may elect, in CRA's sole and absolute discretion, to terminate this contract and receive back all Deposits hereunder. If CRA elects to terminate this Agreement in accordance with this Section, CRA shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by CRA's testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the CRA' s PURCHASE AGREEMENT Page 3 of 10 testing and investigation. CRA hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to CRA (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of CRA's investigation of the Property. CRA's obligations under this Section shall survive the termination, expiration or Closing of this Agreement. However, CRA's indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. SELLER hereby agrees to indemnify and hold CRA harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to SELLER or for damage to persons or property (subject to the limitation on practicability provided above) arising out of CRA's investigation of the Property. SELLER'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. Should CRA choose to move forward, CRA understands and agrees that it purchases the property "As Is". 7.1 Seller's Documents: SELLER shall deliver to CRA the following documents and instruments within five (5) days of the Effective Date of this Agreement: copies of any reports or studies (including environmental, engineering, surveys, soil borings and other physical reports) in SELLER' possession or control with respect to the physical condition of the Property, if any. 7.2 Title Review. Within ten (10) days of the Effective Date, CRA shall obtain, at the CRA' s expense, from a Title Company chosen by CRA (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure CRA in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. CRA shall examine the Title Commitment and deliver written notice to SELLER no later than twenty (20) days after the Effective Date notifying SELLER of any objections CRA has to the condition of title (hereinafter "CRA Title Objections"). If CRA fails to deliver the CRA Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If CRA timely delivers the CRA Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the CRA Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the CRA Title Objections within the Cure Period, to the satisfaction of CRA, then CRA, in CRA's sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to CRA and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, CRA shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render PURCHASE AGREEMENT Page 4 of 10 title unmarketable, CRA shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.3. Survey Review. CRA, at CRA's expense, may obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.3 concerning title objections. 8. CONDITIONS TO CLOSING. CRA shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by CRA in writing: 8.1. Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 8.2. Condition of Property. The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. 8.3. Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by CRA. 8.4. Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 9. CLOSING DOCUMENTS. The CRA shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered, to CRA the following documents and instruments: 9.1. Deed. A Warranty Deed (the "Deed") conveying to CRA valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 Seller's Affidavits. SELLER shall furnish to CRA an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to CRA a non-foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. PURCHASE AGREEMENT Page 5 of IO 9.3. Closing Statement. A closing statement setting forth the Purchase Price, the Deposit, all credits, adjustments and prorations between CRA and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which CRA shall also execute and deliver at Closing. 9.4. Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5. Additional Documents. Such other documents as CRA or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATIONS. CLOSING COSTS AND CLOSING PROCEDURES. 10.1. Prorations. Taxes, assessments, rents, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. CRA shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Advance rent and security deposits, if any, will be credited to CRA. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill. 10.2. Special Assessment Liens. Certified, confirmed and ratified special assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens as of Closing shall be assumed by CRA. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered certified, confirmed or ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. 10.3. Closing Costs. All other costs of closing shall be borne by CRA. 10.4 Closing Procedure. CRA shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and CRA (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to CRA, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.5 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments PURCHASE AGREEMENT Page 6 of 10 applicable to and encumbering the Property. 11. REPRESENT A nONS. COVENANTS AND WARRANTIES. 11.1 Seller's Representations and Warranties. SELLER hereby represents, covenants and warrants to CRA, as of the Effective Date and as of the Closing Date, as follows: 11.2. Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.3. Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 12. DEFAULT. 12.1. Purchaser's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of CRA, subject to the provisions of Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow Agent to SELLER as agreed liquidated damages and, thereafter, neither CRA nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that CRA shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under CRA, but not otherwise. CRA and SELLER acknowledge that if CRA defaults, SELLER will suffer damages in an amount which cannot be ascertained with reasonable certainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent most closely approximates the amount necessary to compensate SELLER. CRA and SELLER agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision. 12.2. Seller's Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, CRA may, at its option: (1) declare SELLER' in default under this Agreement by notice delivered to SELLER, in which event CRA may terminate this Agreement and demand that the Deposit be returned, including all interest thereon if any, in accordance with Section 3 and neither Party shall have any further rights hereunder or (2) seek specific performance of this Agreement, without waiving any action for damages. 12.3. Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party PURCHASE AGREEMENT Page 7 of 10 describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) Business Days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 12.4. Survival. The provisions of this Section 12 shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Peters Boynton Terrace LLC 6023 Le-Iac Road Boca Raton, Florida 33496 If to Buyer: Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 Phone: 561/737-3256 Facsimile: 561/737-3258 With a copy to: Kenneth G. Spillias, Esq. Lewis, Longman & Walker, P.A. 1700 Palin Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 PH: 561/640-0820 FX: 561/640-8202 14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of CRA, which shall not be unreasonably withheld. CRA shall have the right to assign this Agreement to the City of Boynton Beach (the "City") without the prior consent of SELLER and the CRA shall be released from any further obligations and liabilities under this Agreement. The CRA may not assign this Agreement to any other party without the prior written approval of SELLER, which shall not unreasonably withheld. If CRA has been dissolved as an entity while this Agreement and/or the attached Lease Agreement are in effect, the provisions of section 163.357(1), Florida Statutes, (as it may be amended from time to time), shall apply. 15. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, CRA PURCHASE AGREEMENT Page 8 of 10 may elect, as its sole option, to terminate this Agreement and the parties shall have no further obligations under this agreement and all Deposits hereunder shall be refunded to CRA, or CRA may accept the Property without any reduction in the value of the Property. 16. BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement. Each Party shall indemnify, defend and hold harmless the other Party from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with this Agreement. The provisions of this Section shall survive Closing or termination of this Agreement. 17. MISCELLANEOUS. 17.1. General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 17.2. Computation of Time. Any reference herein to time periods which are not measured in Business Days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 17.3. Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. PURCHASE AGREEMENT Page 9 of 10 17.4. Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 17.5. Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 17.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by CRA and SELLER shall control all printed provisions in conflict therewith. 17.7 Waiver of Jury Trial. As an inducement to CRA agreeing to enter into this Agreement, CRA and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 17.8. Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 17.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalfhe or she is signing with respect to all provisions contained in this Agreement. 17.10 Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 17.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER Property Deed and CRA's possession of the Property. 17.12 SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. PURCHASE AGREEMENT Page 10 of 10 date. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective BUYER BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Henderson Tillman Title: Chair DATE: 2006 Witnesses: DATE: 2006 Approved as to form and legal sufficiency: CRA Attorney SELLER PETERS BOYNTON TERRACE, LLC. By: Print Name: Doug Peters Title: Managing Member DATE: 2006 Witnesses: DATE: 2006 I:\Client Documents\Boynton Beach CRA\2419-026 - pf Peters Boynton Terrace, LLC\Misc\Purchase Agreement (Peters Boynton Terrace LLC).doc ~ IX. OLD BUSINESS: E. MLK MASTER DEVELOPER AGREEMENT UPDATE ~~~qY~Te~ C ilIIi East Side-West S',de-Seaside Ro.na'lssance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: October 25, 2006 I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: MLK Corridor Master Developer Agreement SUMMARY: At the August 17, 2006 Special Meeting the CRA Board approved InTown Partners as the development entity to begin negotiations with the CRA to execute a development agreement encompassing a 26.3 acre project are in the Heart of Boynton. On October 6, 2006 CRA staff provided a chronological timeline of events of the process. As of today' s date CRA staffhas not received comments on the first draft provided to InTown's counsel on September 27, 2006. It is likely and probable we will receive this response by the time of the board meeting on October 25th. CRA staff is still waiting the following deliverables from the developer as well: a list of problem properties within the project area that the developer will seek financial assistance from the CRA, a list and copies of the contracts the developer identified at the meeting that gave them 19% site control, a potential relocation plan for the churches in the target area and a status report on the execution of the partnership agreements between Plus 2 Development, McCormack Baron Salaza and Torti Gallas and partners. It is possible staff will be provided this information prior to the CRA Board meeting. FISCAL IMPACT: To be determined. RECOMMENDA TIONS: To be determined. C:\Documents and Settings\fordl\Local Settings\Temporary Internet Files\OLK9\MLK Corridor Agreementdoc ~ x. NEW BUSINESS: A. RENEWAL OF MOLLY'S TROLLEY'S CONTRAeT IlI~~Y~T2~,CRA . East Side-West Side-Seaside Renaissance BOYNTON BEAeH eRA AGENDA ITEM STAFF REPORT CRA BOARD MEETING OF: OCTOBER 25, 2006 AGENDA ITEM: I Consent Agenda Old Business I X I New Business Public Heal'ing Othel' SUBJECT: TROLLEY CONTRACT SUMMARY: The eRA wishes to continue the trolley service that we have in the district as it has proven to be very useftI! and it has become an integral part of many residents daily routine. The Agency has caused to be prepared a new three year contract with Molly's Trolleys that starts on November 28, 2006 and goes through September 30,2009. FISCAL IMPACT: The new contract price structure was anticipated by staffin the 2006-2007 fiscal years General Fund budget RECOMMENDATIONS: Allow staff to execute the contract. .ull ;(k Robert T. Reardon, Assistant DiI'eetor If' ( . / W.tIAI ~ th~S. CRA LEGAL COUNSEL T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglCRA Agenda Request Form with Logo 2,doc EXHIBIT - A TROLLEY SERVICE AGREEMENT THIS AGREEMENT is made and entered into as of , 2006 between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes, with a business address of 915 S. Federal Highway, Boynton Beach, Florida 33435, hereinafter referred to as the "CRA", and MOLLY'S TROLLEYS, INe. a Pennsylvania Corporation, authorized to do business in the State of Florida, with offices located at ] 150 Claire A venue, Suite 4, West Palm Beech, Florida 3340], hereinafter referred to as "MOLLY'S", WHEREAS, the CRA and MOLLY'S entered into a Contract for Trolley Services on August 10, 2004 ("Contra<,;t") (attached hereto as Exhibit A and made a part hereof); and WHEREAS, the Contract expires on November 28, 2006, and CRA and MOLLY'S intend to continue, extend and clarify their existing contractual relationship with no disruption in the current service route or schedule; and WHEREAS, each trolley to be used and operated by MOLLY'S pursuant to this Agreement has or will have space on which advertising may be placed; and WHEREAS, in accordance with the terms of this Agreement, MOLLY'S is willing to assign or otherwise make all advertising space available to the CRA; and NOW THEREFORE, in consideration of the mutual covenants contained herein and . other good and valuable consideration, the receipt of which is hereby acknowledged by both parties, the parties agree as follows. ARTICLE I TERM OF AGREEMENT 1.1 This Agreement shall be effective for an initial term of three (3) years, the first year commencing on the effective date (the last date signed by the parties) through September 30, 2007. Actual service under this Agreement shall begin on the Service Commencement Date (defined herein). In order to be consistent with the CRA's fiscal year, the second year of this Agreement shall commence on October I, 2007 and end on September 30, 2008, and the third year of this Agreement shall commence on October 1,2008 and end on September 30,2009. 1.2 This Agreement shall be extended for two successive three year periods without the need for notices or additional action being taken by either party hereto, provided, however, that unless waived or otherwise agreed to by the parties hereto, this Agreement shall not be extended if, at least ninety (90) days prior to the expiration of the initial term or any extended term, either party notifies the other in writing that it does not desire to extend this Agreement beyond its then scheduled expiration date. If MOLLY'S desires to extend this Agreement but amend the hourly rate contained in Paragraph 7.1 for the new extended term, MOLLY'S must so notify the CRA in witting at least ninety (90) days prior to the expiration of the initial term or any extended term. The notification shall include the proposed new hourly rate. If the CRA and MOLL V'S agree to amend the hourly rate, this Agreement must be amended to reflect a different hourly rate. If the CRA and MOLLY'S do not agree on a new hourly rate, the CRA or MOLL Y'S may elect not to extend this Agreement for the additional term by notifying the other party in writing at least fifteen (15) days prior to the expiration of the then current term. ARTICLE II SERVICE ROUTE AND REQUIREMENTS 2.1 MOLLY'S shall provide Trolley Service along the route outlined in Exhibit B. The service shall commence on November 28,2006 (the "Service Commencement Date"). 2.2 The Trolley Service shall include the use of a total of four (4) trolleys, with three (3) dedicated to the Crosstown Service Route described below and one (I) dedicated to the Ocean Service Route described below. The projected headway is four (4) minutes during non- rush hour periods and five (5) minutes during rush hour periods. MOLLY'S will make its best efforts to maintain these headways through the use of communication between the trolleys. The CRA acknowledges that certain factors, such as trains and road construction, may prevent MOLL Y'S from maintaining this headway. Stops have been and will continue to be developed by the CRA along the route in consultation with MOLLY'S. 2.3 Trolley Service shall be provided as follows: a. Crosstown Service Route (garage to garage): Two trolleys from 6:45 AM to 6:45 PM Monday through Friday; and two trolleys from 8:30 AM to 5:30 PM Saturday and Sunday. This service equals a total of 154 hours per week for two trolleys. One additional trolley shall be designated for use as a back-up for this route to be rotated in and out of service for maintenance purposes. See Exhibit B for a detailed description ofthis service route. b. Ocean Service Route (garage to garage): One trolley from 9:30 AM to 4:30 PM Saturdays and Sundays. There will be no week-day service for this service route unless otherwise amended by the parties in writing. This service equals a total of ] 4 hours per week. See Exhibit B for a detailed description of this service route. 2.4 The CRA may, in its sole discretion, reasonably alter the route and the times of service, so long as the modification does not diminish the operating hours by more than 10% of the base period of operation (168 hours total) for the trolleys designated for the CRA. 2.5 MOLL Y'S shall make the trolleys available to the CRA for its reasonable needs, at the same hourly rate as the basic service. Due to vehicle construction, requests by the CRA for non-route service should not require the vehicles to operate at speeds exceeding 20 mph. MOLL Y'S shall be responsible for coordinating trolleys, drivers and routes for such service. The eRA must provide at I east twenty-one (21) calendar days notice to MOLLY'S specifying when the CRA desires to utilize the trolleys and providing the information necessary for MOLLY'S to coordinate the CRA's use of the trolleys. 2 ARTICLE III TROLLEYS 3.1 MOLLY'S shall utilize four trolleys as outlined in Article II in providing the trolley service. The trolleys will be designed and built in accordance with the specifications and drawings contained in the four pages attached hereto as Exhibit C. The trolleys shall comply with all Americans with Disabilities Act (ADA) requirements. MOLL Y'S shall acquire these vehicles and put them into operation as soon as possible. Any deviation or change made to the vehicles will be the financial responsibility of the CRA, . 3.2 MOLL Y'S shall use the trolleys from its existing fleet until the trolleys described in Paragraph 3.1 are available for service. 3.3 The CRA has the right to select the color scheme for the trolleys to be used pursuant to this Agreement. MOLLY'S shall make sure that the vehicles conform to this color scheme. 3.4 Each trolley must contain a logo or insignia sign on the front and back. The CRA shall provide camera ready film for the logo/insignia. 3.5 All vehicles must be equipped with brochure holders for the use of the CRA. ARTICLE IV MAINTENANCE OF TROLLEYS 4.1 Maintenance of all trolleys shall be the sole responsibility of MOLLY'S. The CRA shall have no obligation for such maintenance. 4.2 The trolleys must be maintained in good repair and condition. Upon the request of the CRA, MOLLY'S shall demonstrate repair records and proper spare parts inventory for the trolleys. 4.3 MOLL Y;S must utilize a fully equipped and licensed maintenance facility, with trained personnel, located in close proximity to Downtown Boynton Beach. 4.4 The exterior and interior trolleys shall be washed and cleaned daily. 4.5 The CRA may, at any time, inspect MOLLY'S facility and trolleys for the purpose of monitoring the performance of MOLLY'S maintenance obligations under this Agreement. ARTICLE V PERSONNEL 5.1 MOLLY'S shall provide adequate and properly licensed personnel to permit the 3 timely and efficient operation of this trolley system. All MOLLY'S employees should be trained and supervised in accordance with accepted industry practices. 5.2 The CRA may require MOLLY'S staff to participate in reasonable and standard customer service training programs specifically designed by the CRA. Drivers are expected to be ambassadors for Downtown Boynton Beach and have the ability to interact with riders in a positive and friendly manner. 5.3 The CRA reserves the right at any time to provide reasonable appearance and uniform guidelines. MOLLY'S will be responsible for the purchase and maintenance of all uniforms. 5.4 MOLLY'S agrees to comply with federal, state and local wage and hours laws, other laws and regulations and licensing applicable to MOLL Y'S. MOLLY'S agrees to indemnify the CRA for any claim, damages, costs and expenses arising out of MOLL Y'S failure to make any required payments to taxing and other governmental agencies, including the Internal Revenue Service and the Department of Labor, relating to its employees or independent contractors. 5.5 MOLL Y'S agrees that it will not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, physical handicap or national origin, except where sex or absence of physical handicap is a bona fide occupational qualification; and MOLLY'S will execute any such certificates and covenants not to discriminate as may be required by any governmental authority, and MOLLY'S shall comply with all federal, state and local laws, regulations and ordinances relating to such matters. ARTICLE VI ADVERTISING 6.1 MOLLY'S shall provide interior and exterior sign space (Advertising Space) on the trolleys in accordance with the CRA's requests. 6.2 The parties agree that it is in their mutual best interest that the CRA should have the right, as it deems necessary and appropriate, to sell, lease, assign, convey, grant or otherwise make available some or all of the Advertising Space to other persons and that to accomplish this result, the Parties find it to be the most effective, efficient, and practical that MOLLY'S assign all of the rights to the Advertising Space to the eRA. 6.3 All advertising revenues generated by the use of the Advertising Space shall belong to the CRA, and MOLLY'S specifically disclaims any right, title or interest in these advertising revenues. 6.4 If a trolley on which an Advertising Space has been used becomes inoperable, MOLLY'S shall relocate the advertising to another trolley if similar space is available. If the trolley remains inoperable for at least fifteen (15) calendar days during which such advertising was to be exhibited and the advertising has not been placed on another trolley, MOLLY'S shall 4 provide the CRA with a credit for such loss equal to the revenues lost by the CRA as a result of the trolley being out of service. This paragraph does not apply to non-route service. ARTICLE VII FINANCIAL 7.1 The CRA shall pay MOLLY'S on a bi-monthly basis for its services calculated on the basis of the total number of hours of service per trolley multiplied by the hourly rate of $65. The hours of service shall include the regular service hours for a two week period and any additional hours generated by special service. 7.2 The projected hourly rates for each year this Agreement is in effect are outlined on attached Exhibit D. Any modification to the projected hourly rate over the maximum listed for each year requires an amendment or addendum to this Agreement. 7.3 As soon as possible after the end of each two week period, MOLLY'S shall submit an invoice to the CRA indicating the number of hours of service for the period and the amount owed by the CRA for that period. This amount shall be reduced for any advertising loss of revenue as a result of a trolley being out of service, as detailed in paragraph 6.4. 7.4 The CRA shall pay MOLLY'S the amount of the invoice, less any disputed amounts, within fifteen (15) days of receiving the invoice. ARTICLE VIII REPORTING 8.1 MOLLY'S shall submit monthly reports to the CRA. The monthly report or series of reports will include passenger and performance reports. These reports will include route milage, route ridership, hours of service, customer service statistics, service incident summaries, service evaluation, customer comments, vehicle maintenance reports (scheduled and unscheduled) and safety performance. The CRA shall specify the information required to be included in these reports. ARTICLE IX INSURANCE AND PERFORMANCE BOND 9.1 MOLLY'S represents and warrants that it currently has the insurance coverage contained in Exhibit E and will maintain this coverage for the entire term of the Agreement. 9.2 MOLLY'S agrees to name the CRA as an additional insured on this insurance coverage and keep the CRA so named for the entire term of the Agreement. 9.3 MOLLY'S agrees to provide the CRA with satisfactory proof of this insurance which shall also reflect the CRA as an additional insured prior to the Service Commencement Date. 5 9.4 MOLLY'S acknowledges that the CRA does not now and does not in the future expect to carry any insurance coverage for this trolley service and nothing in this Agreement is intended to require the CRA to carry such insurance during the term of this Agreement. 9.5 On or before the Service Commencement Date, MOLLY'S shall obtain and deliver to the CRA a performance bond, with good and sufficient surety, in the amount of $300,000, for the benefit of the CRA. This bond shall remain in effect for the initial three-year term of this Agreement. This bond shall be in accordance with statutory bond provisions in Florida Statutes and all other applicable laws and regulations. This bond shall be executed by such sureties as are licensed to conduct business in the State of Florida and, except as otherwise provided by laws and regulations, are named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties. ARTICLE X INDEMNIFICA TION 10.1 Subject to the limitations set forth herein, MOLLY'S hereby agrees to indemnify, defend and hold the CRA, its directors, officers, employees and agents, harmless from and against all loss, cost and expense in connection with proceedings, judicial or otherwise, and claims, demands, and judgments, together with costs and expenses including attorneys' and legal assistants' fees and expenses relating thereto, including but not limited to fees incurred in the handling or preparing of claims or demands and all litigation at trial or appellate levels arising out of damage or injury to person or property occurring from the performance of the services and obligations by MOLLY'S under this Agreement, or any matter relating to MOLLY'S compliance or failure to comply with any federal law, regulation or policy, or MOLLY'S inability to provide Trolley Service, or resulting from the negligent or willful acts or omissions by MOLLY'S or any of its directors, officers, employees or agents occurring in connection with the services subject to this Agreement. 10.2 If the CRA shall discover or have actual notice of facts giving rise or which may give rise to a claim for indemnification or shall receive notice of any action, with respect to any matter for which indemnification may be claimed, the CRA shall, within ten (10) days following service of process (or within such shorter tine as may be necessary to give MOLLY'S reasonable opportunity to respond to such service of process) or within ten (10) days after any other such notice, notify MOLLY'S in writing thereof together with a statement of such information respecting such matter as the CRA then has; it being understood and agreed that any failure or delay of the CRA to so notify MOLLY'S shall not relieve MOLLY'S from liability hereunder except and solely to the extent that such failure or delay shall have materially, adversely prejudiced MOLLY'S ability to defend against, settle or satisfy any such claim or action. Following such notice, MOLLY'S shall have the right, at its sole cost and expense to contest or defend such claim or action through attorneys, accountants, and others of its own choosing (the choice of such attorneys, accountants and others being subject to the approval of the CRA, such approval not to be unreasonably withheld) and in the event it elects to do so, it shall promptly notify the CRA of such intent to contest or defend such claim or action. If within five (5) days following such notice from the CRA (or within such shorter time as maybe necessary to give the CRA a reasonable opportunity to respond to the service of process or other judicial or 6 administrative action), the CRA has not received notice from MOLLY'S, the CRA shall have the right to authorize attorneys, accountants, and others satisfactory to it to represent it in connection therewith or at any time, settle, compromise or pay such action, and the CRA shall be entitled to indemnification from MOLLY'S pursuant to this Article. 10.3 Notwithstanding that MOLLY'S is actively conducting a defense or contest, any action may be settled, compromised, or paid by the CRA without the consent of MOLLY'S; provided however, that if such action is taken without MOLLY'S consent, its indemnification obligations with respect to such claim shall thereby be nullified. Any action may be settled, compromised, or paid by MOLLY'S without the CRA'S consent, so long as such settlement or compromise does not, in the reasonable opinion of the CRA, cause the CRA to incur any present or fixture costs, expenses, obligations, or liabilities of any kind or nature, in which event MOLL Y'S obligations under this Article shall extend to such costs, expenses, obligations or liabilities. 10.4 In the event any action involves matters partly within or partly outside the scope of the indemnification under this Article, then the legal fees, costs, and expenses of contesting or defending such action shall be fairly allocated between the CRA and MOLLY'S. ARTICLE XI DEFAULT AND TERMINATION II .1 In addition to matters specified elsewhere in this Agreement, the following shall constitute events of default by the CRA: a. The CRA shall at any time fail to pay, when due, any sums payable by the CRA hereunder and such failure to pay continues for a period of fifteen (15) days after written notice of such failure is given the CRA by MOLLY'S; or b. The CRA shall fail to perform, observe, or otherwise breach any of the other terms, covenants or conditions of this Agreement, and such failure or breach shall continue for a period of thirty (30) days after notice thereof by MOLLY'S to the CRA, or if the failure or breach is of such nature that it cannot be cured within the thirty (30) day period, then only if the CRA fails to commence the cure thereof promptly and within the thirty (30) day period or thereafter fails to diligently continue in good faith until such failure or breach is fully cured. 11.2 In addition to matters specified elsewhere in this Agreement, the following shall constitute events of default by MOLLY'S: a. MOLL Y'S fails to provide the Trolley Service in the manner specified in this Agreement; or b. MOLL Y'S makes an assignment for the benefit of creditors or files a petition in bankruptcy or reorganization or liquidation under a federal or state bankruptcy or insolvency act; or c. A receiver is appointed for MOLLY'S, or for the property of MOLLY'S, 7 by any court and such appointment shall not have been dismissed within ninety (90) days from the date of such appointment; or d. MOLL Y'S is dissolved or otherwise ceases operating as a vehicle for hire operator capable of providing the Trolley Service in accordance with the Agreement; or e. MOLLY'S shall fail to perform, observe, or otherwise breach any of the other terms, covenants or conditions of this Agreement, and such failure or breach shall continue for a period of thirty (30) days after notice thereof by the CRA to MOLLY'S, or if the failure or breach is of such nature that it cannot be cured within the thirty (30) day period, then only if MOLLY'S fails to commence the cure thereof promptly and within the thirty (30) day period or thereafter fails to diligently continue in good faith until such failure or breach is fully cured. 11.3 Upon the occurrence of an event of default described in paragraphs 11.1 or 11.2 above, in addition to any other rights or remedies the non-defaulting party may have elsewhere in this Agreement, at law or at equity, the non-defaulting party shall, as long as such event of default shall be continuing, have the following remedies: a. I~unctive relief to enjoin any act or omission which constitutes an event of default by the defaulting party or to compel performance of covenants, agreements, terms and conditions of this Agreement. b. Termination of this Agreement by the non-defaulting party in the event a noticed event of default is not cured by the date specified in the notice of default. However, in the event the CRA terminates this Agreement, MOLLY'S agrees to continue providing the Trolley Service for a period of up to ninety (90) days if the CRA, in its discretion, determines that MOLLY'S should continue to provide the Trolley Service, and in that event, the notice of termination by the CRA shall state the time period for MOLLY'S to continue to operate the servIce. ARTICLE XII NOTICE 12.1 All notices, demands, consents, approvals, statements; inquiries and invoices to be given under this Agreement shall be in writing and shall be delivered to the addresses shown below or to such other addresses that the parties may provide to one another in accordance herewith. All notices or other communications shall be sent by any of the following means: registered or certified mail; national express air courier, provided such courier maintains written verification of delivery; or personal service. Any notice or other communication shall be deemed effective upon the date of receipt or the date of refusal to accept delivery by the party to whom such notice or other communication has been sent. To MOLLY'S: Molly Stahlman, President Molly's Trolleys, Inc. 1150 Claire A vanue, Suite 4 West Palm Beach, FL 33401 8 To CRA: Lisa Bright, Executive Director Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 With a copy to: Kenneth G. Spillias, Esq. CRA Legal Counsel Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 ARTICLE XIII MISCELLANEOUS 13.1 Successors and Assigns - The provisions of this Agreement shall be binding upon and inure to the benefit ofthe parties and their respective successors and assigns. The Agreement cannot be assigned by either party without the prior written consent of the other. 13.2 Force Majeure - If, because of weather, Acts of God, strikes or other labor disputes, vendor delays, or other unavoidable cause, either party is unable to perform its obligations hereunder, such non-performance shall not be considered a breach of the Agreement. 13.3 The failure of either party to insist upon or enforce any term or provision or to exercise any right; option, or remedy of the Agreement, or to require at any time performance of any provision hereto shall not be construed as a waiver of any such term or provision. No waiver by either party of any term or provision hereof shall be binding unless made in witting and signed by such party. 13.4 The parties recognize, acknowledge and agree that, for purposes of this Agreement, MOLLY'S is an independent contractor and is not an agent, partner or employee of the CRA. The parties further agree that, for purposes of this Agreement, as well as the services to be performed by MOLLY'S pursuant to this Agreement, or the payments made by the CRA to MOLLY'S, the CRA is not an agent; partner or employee of MOLL V'S. 13.5 Any and all provisions of this Agreement and any proceeding seeking to enforce, challenge or otherwise review any provision of this Agreement shall be governed by the laws of the State of Florida. Venue for any proceeding pertaining to this Agreement shall be Palm Beech County, Florida. 13.6 If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect. 13.7 This document, along with the documents incorporated into the Agreement together with all insurance documents required hereby and any other referenced materials shall constitute the entire Agreement. This Agreement may not be changed other than by agreement in 9 writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. Witness: MOLLY'S TROLLEYS, INe. Molly Stahlman, President (Corporate Seal) Witness: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Henderson Tillman, Chairperson I :\Client Documents\Boynton Beach CRA \2419-000\Agreements\Trolley Service Agreement.doc 10 EXHIBIT D B -0 o o N - ~ G) - o "'0 c.. ::> G) < c: o G) v o w N Federal HWy fi ... o ~~ o .- o...~ G) I V .- ....= Q)c;... E E o u ~ z ~~ e <i--\~<rJ '-(\\Q)'(\ c: e o 0) o c: l- V) .~._ Q) 0) 2i Q. 1: c: Q. '" .- ;:) 0 ... Eo.....c:U o V) U e G" N Federal Hwy CD ~ "'0 > Cii Cii ..c: l- v ...., C ~ e Q) ....I eo m ~ c: 0 - c: N Sea crest Blvd >- 0 m (I] ~j -tt'.((~ 1 --1- . (( ""'7"1 1 , P3~ ~ ~ Z<C I a-u~ rrrn Ji .. lt~I~. ~~:~ NE 4th St G) < ..c: - 10 w Z N Seacrest Blvd ~~ ======= ~>- ~W ~ ....I ~ ....I ~O z .:II:: ~I- D I N Congress Ave ~ Cii >. c ~ - o C> , e It : = It . .. 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EXHIBIT - D Estimated Trollev Costs for 3 years (Dee 1 2006- Seot 30 20091 Prepared Oct 06 by Molly Stahlman 2006-2007 HOURS HOURS Weeks Per Week Per Month December 4 168 672 $65.00 $43,680 January 5 168 840 $65.00 $54,600 February 4 168 672 $65.00 $43,680 March 4 168 672 $65.00 $43,680 April 4 168 672 $65.00 $43,680 May 5 168 840 $65.00 $54,600 June 4 168 672 $65.00 $43,680 July 4 168 672 $65.00 $43,680 August 5 168 840 $65.00 $54,600 Sept 1- 168 672 $65.00 $43,680 43 168 7224 $65.00 $469,560 Holidays 1 168 168 $65.00 $10,920 42 168 7056 $65.00 $458,640 2007 -2008 HOURS HOURS Weeks Per Week Per Month October 5 168 840 $67.50 $56,700 November 4 168 672 $67.50 $45,360 December 4 168 672 $67.50 $45,360 January 5 168 840 $67.50 $56,700 February 4 168 672 $67.50 $45,360 March 4 168 672 $67.50 $45,360 April 5 168 840 $67.50 $56,700 May 4 168 672 $67.50 $45,360 June 4 168 672 $67.50 $45,360 July 5 168 840 $67.50 $56,700 August 4 168 672 $67.50 $45,360 Sept 1- 168 672 $67.50 $45,360 52 168 8736 $67.50 $589,680 Holidays 1 168 168 $67.50 $11,340 51 168 8568 $67.50 $578,340 2008-2009 HOURS HOURS Estimated Weeks Per Week Per Month October 5 168 840 $70.00 $58,800 November 4 168 672 $70.00 $47,040 December 5 168 840 $70.00 $58,800 January 4 168 672 $70.00 $47,040 February 4 168 672 $70.00 $47,040 March 5 168 840 $70.00 $58,800 April 4 168 672 $70.00 $47,040 May 4 168 672 $70.00 $47,040 June 5 168 840 $70.00 $58,800 July 4 168 672 $70.00 $47,040 August 1- 168 672 $70.00 $47,040 Sept 1- 168 672 $70.00 $47,040 52 168 8736 $70.00 $611,520 Holidays 1 168 168 $70.00 $11,760 51 168 8568 $70.00 $599,760 EXHIBIT. E ACORQ.. CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMIDDIYYYY) 10/13/2006 PRODUCER (561) 655-5500 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Acordia West Palm Beach ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR South Flagler Drive, Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. .:it Palm Beach, FL 33401-5914 _~URERS AFFOR~ING COVERAGE NAIC# INSURED Molly's Trolleys Inc. INSURER A St Paul - Travelers 2625 Mercer Avenue - ~INSURER B Lexington Insurance Company West Palm Beach, FL 33401 INSURER c: fiN SURER D: INSURER E' MOLL TRO-01 RENB COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE iNSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICiES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~;: :.~~~ POLICY NUMBER . P~H~Y EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY 630-5678B704-TIL 6/1/2006 6/1/2007 ~~~~ISES Ea oeeureneel $ 100,000 = 0 CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 - 2,000,000 GENERAL AGGREGATE $ - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 'I POLICY 11 ~~PT rxl LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 f-------- $ A X ANY AUTO 81 0-5678B845- TCT -06 6/112006 6/1/2007 (Ea accident) f- I X ALL OWNED AUTOS BODIL Y INJURY f--- $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODIL Y INJURY f--- I $ NON-OWNED AUTOS (Per aCCIdent) f--- I - --- PROPERTY DAMAGE (Per aCCIdent) $ GARAGE LIABILITY AUTO ONL Y - EA ACCIDENT $ ==l ANY AUTO OTHER THAN EA ACC $ -- AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ B o OCCUR 0 CLAIMS MADE 0355027 3/1/2006 u 6/1/2007 AGGREGATE $ I Excess Auto Liability $ 4,000,00( R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X I WC STATU- I IOTH- TORY LIMITS ER A EMPLOYERS' LIABILITY UB-5678B70-4-06 6/1/2006 6/1/2007 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ 500,000 ~~~MtS~~~v':s16~s below EL. DISEASE - POLICY LIMIT $ 500,00( OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS certificate holder is additional insured as respects to general liability per endorsement CGD1440196 CERTIFICATE HOLDER CANCELLATION City of Boynton Beach Community Redevelopment Agency Robert Reardon 639 E Ocean Avenue, Suite 107 Boynton Beach, FL 33435- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE C' @ ACORD CORPORATION 1988 ACORD 25 (2001/08) OCT-25-2006 12:56 From: To:4098~2419~028~737325 P.15/16 PRIMARY SALIENT POINTS CRAlINTOWN DEVELOPMENT AGREEMENT . Land Acquisition ProQram - land to be acquired in cooperation with the CRA: (i) The eRA shall buy the .Jeffer~on Estate parcels located outside the Seacrest Village site. The JerrHrson Eslate transaction is required to close by next Tuesday, October 31 st. (ii) The eRA, for $1.00, shall convey its parcels within tt)e Seacrest Village site (the "eRA Land") to Intown on or before by October 31, 2006, to provide collateral that Intown's lender requires to finance land acquisition. (iii) If, within the next nine (9) months, Intown and tho CM have not jointly assembled a ~uflit;ier1l number of parcels to proceed with the project, and if Intown's lender so demands, thf: eRA shall be obligated to pay Intown's lender the balance of the mortgage secured by Intown's parcels. (iv) Intown shall pay the CRA $18.03 per square foot forthe eRA Land and for all other property acquired by the eRA within the Sef.lcrcst Village site which shall then be conveyed to Intown. (v) Land acquisition cost to Intown shall be capped at $18.03 per square foot, regardle~s of whp.lher it is acquired by Intown or by the eRA. . Intown shall construct all development infrl:.tslructure. . eRA may' i!J.}P..9_se reasonable controls over infrastrul'iure construction. . .9itv will establish a CDD to own and Or.H~r(-]te infrastructure. · COD will issue bonds to purchase infra- structure and related land from Intown. · COD shall assess for maintenance. . Il monies shpll .be applied toward annual payment of CDO capital bonds to reduce CDD assessment. . City aqrees to expedite all permitting and waive impact and utility fees. WI~I;!:':(~/43:1 P~ge 1 of 2 OCT-25-2006 12:56 From: To:4098n2419~028n737325 P.lflf · StlJ~n Grawtl) and Sustainable Design . Intown Relocation Assistance: (i) For instance, residents lire living in a home valued at $250k and they have a $20k mortgage or no mortgage, then lntown will use best efforts to relocate residents to a residence of similar value within the neighborhood, if possible, with a comparable mortgage or nQ mortgage. (ii) Intown shall assist the elderly to get situated and attempt to make their move as seamless and a~ ~mooth as possible. (iii) Intown shall pay moving expenses for local moveti. · Residential Workforce Hou~!ng Buy Down Program - Intown shall donate $30,000.00 "buy downll subsidy program payable at closing for each qualified resident applying for a 'workforce housing' CrltHgOry unit within the project. . 51. Paul.AME Church Replacemc-mt PrOQram_ · rommunity ScholarshiQ Prograrn - Intown shall donate $25,000.00 per year College Scholarship AWClrd. · Workforce Housing -10% - 13% of "workforceh category housing within all phases of SCClCrcst Village. · Community Center - 15,000 square foot Community Center seeded by a $300,000.00 Community Trust Fund donated by Intown. . Sarah Sims Park - Intown shall dedicate $150,000_00 towards the revitalizalion of Sarah Sims Park . Heart of BO'inton Home Ownership Program - Intown shall donate $10,000 to seed homeownership program for residents of Heart of Boynton neighborhood. . Universal Desion Units - see Intown Proposal, page 3, section 4, "Developer Team Qualification" section. WPA:77274J:l Page 2 of 2 OCT-25-2006 12:53 From: To:4098~2419~~28~737325 P.10/1G THIS FORM HAS Dt:EN Af'PROV~D BY THE FLORIDA ASSOCIATION OF ftEALTOR$ AND THE F'LORlnA [lA~ "As Is" Contract for Sale and Purchase 2 3 4 tI n ., ~ l) 10 .11 12 ';j PARTIES: Intow" RcaltyJ3!.()tlI'. Inc. ("SellQ[:t and Boynton Bpach Community Redt:v~topllllmt Age"~y ... _ ("RIIYI;I,"L hereby Clgree that Sellf:ll t~hAn "nil And BlIyer shall buy the following described Real Property <lnd POff,onnl Prnp(;I1y (collectively "Property") 11I.IISIJl'lnl to th~ term:; imd conditions of thi5 Contract for Sale and Purchase and any rhil~fS ;'Inll addend.) ("ContrClGt"): L DESCRIPTION: (a) LAgal dtlseripliun uf the Real Ploper1y locatod in Palm Bead, County, Floridtl: _S_~1'.l E)(hibit "A- atlac:/.f:cJ lIer~to and incorporated hcrcifJ.. (h) Slrflp.t address, city, zip. of Iho Pruporty I~: See Exhibit -A - q1tjJ_c.bSJi.t!~r..~to and incorDorat~d herein (c) Person<ll Property inGllld~lS ,,;xi~tin(J 1;:11191':(:-;), I~r,iUl':ri'ltfJr(~). rli:;hwl'l:\her(!'.), l-:f:i1inO r~n(s), liOltt fiY;lllr~(lS). and Window lrt-l;,jummt(:>) unlcs:i ~pecific~lIy eXCltlderJ MIOw OlhFlr illunM incluueu are; 14 1~ Items'ot Personal Pro~erty (F.llld Ip.a~p.d item!;, if <lny) excluded <iro: -16 1./ 18 ~i:~ II. PURCHASE PRICE (U.S. curnmcy): PAYMENT: (01) Deposit held 1ft E!l;t'1row by _R/Jde''-M~.CIQ:!kv (Escrow ^genl) in tl1e amount of (c;heGkt>; sllbjacl to 1~IAA..anGl'J) _. . . _ . . _ _ _ . . . . . . . . . . . . . . . . . . . . . . . . . _ $ ____.... (h) Alldiliollal escrow deposit to be made to Escrow AIJ\:II11 wilhin nays ;:\f!t:\r EfrtlCliva I)at\:l . (~A Paragraph III) in the amount Of . . . _ _ . . . . . . . . _ ... . .. . ,........... _ . _ _. $ (c) FiMncing (IIAfl Paragr~ph IV) in ll1e amount of .,...".. _ . . . _ . . . . . . . . . . . . . . . . , . . . . . $ ~)O~e~ $ (e) 8<lh,4ncf.! tel dMe by c<ish. wire transter or LOCAl! Y DRAWN r-~shiA(K nr oftir.i<-!I h(lnl< check(s). SUbjtll~t 10 adjustments Or prorations . . . , . .. ............................. $ III. TIME FOR ACCEPTANCe OF OFFER AND COUNT~ROFFERS; EFFECTIVE DATE: (::I) If thill offer is not executed by and deliv~red 10 ",II p,-illi\:lJ:; OR FACT OF EXECUTION 1;t)rlllnl.Jnic.-:ited in writing between tile parlie:! UlI 01 before October 27J...!OOL- .11113 tlt:flO:sil(:!I) will, at Buy~.:s option_ bts rclurnnd lInrllh~ olftv wilh(lr3wn UNLESS OTHERWISE STATED, THE TIME FOR ACCEPTANCE OF ANY COUNTEROFFERS SHALL BE 2 DAyS FROM THE DATE THE COUNTEROFFER IS DELIVERED. (b) The date of Contracl ("Erreclive Datc") will be the cklto when the I"st one of the Buyer and SOller has $igllcd 01 initialed this offer Of the fin;"l cuunt~rorfer. If such dale is not otherwise set forth in this Contr.1ct, then the "Effective Dale" :;l1all be the d~te determined ~t>OVl:! for ~(~()ept:'lrn:f: of Ihis offer or, if applicable, the fin.:!1 counteroffer. IV. FINANCING: Ji{ (a) This is a cash tr"nsaction wilh no Cl)nlinUf.lru;It'i1::l rOt fin::!nl~ing, o (0) This Cuntractls contingent on Buyer obtaining approval of Cl loan ("Loan Approval") within _ doys (if bIClnl\. thol I 30 dJYS) ~fter Effective Date for (CHECK ONLY ONE): 0 a fixed; U an adjustable; or 0 a fix€c1 or adjustable rate Imm in the principal amount of $ , !:II an milial interest rate not to exceed "In, (h:lcuunl and origination fees not to exceed % Df nrincipRf amQlmt, and for a term of yel!lrs. Buyer will mClkc application Within d~ys (If blank. then 5 days) after Effectivo Ooto. Buyer shall use re<l$onable diligenr.f'l to: obt~in Loon Approval and nOlify Seller In wrIting of Loan ^pprovnl by LOM Approval Dale, sDti:;fy terms ;.md Gondilionl'l of the Lor:m Approval; and close the 103n. Lonn Approv;ll which roquires a condition rAlatt1C!tn the GtllC of other propaJ'ry shall not be deemed LO<ln Approv,jl for purposes of this subporogroph. Buyer shall p:'lY RIlIO<'/11 cxpenQe~. It Buyar dl)a~ not d~liver written notice to Seller by Loan Approval Date stating Buyer has either obtainfld Ln;m Approv<J1 or w:Jiveu this finanr.ing r.ontinfJency. then either party may cancel this Contract by delivflrinB wrill~n nnllw iCanccllation Notice") to tha nthAr, not l::Iter Ih:m ReVtm (7) lll:lYs prior tu Closill~. Seller's C!:Irlc!:lllalion NolicA mw::t !:t3ta lhat Buyer hOs three (3) days to r1Rlivnr tn SPoiler written noli(;e wdiving U1is final1l::in\.l cuntin\.lem:y. If Buyer hRS used due diligence and has not obtained LORn Anrrov;ll he/ore cam:tll/atlulI as providlfd abuve, Buyer llhall hR rRfundeo the deposit(s). Unloss this financing conting8nr,y hllR heftn wlilve(l, UlI:! Cunlrdt:t sh!:lll remf<lin ~ubjecl to Ih6 salisfar.tion. by ClllSinl1, of thoCc conditions of Loan Approv;:ll felatfld In the Proptlrty; o (r;) Assumption of existIng mortgaoe (see rider for torm:<;): or o (d) Purchaaa mone)' nole and mortgage to Seller (l;OC "Al; 1$' St.:lnd3rds Band K and riders: addenda; or $j)ecio:ll daU5c:i fOf ICl"Ol$). V, I.' cul-'ies of In:;trumenlo IIljttlU a~ tlXCeplio/18 altached Ihereto ("Title Commitment") and a title in~ur3nce (see "As Ill" 8tam.lard A fur leml:!) shall be obtaine (CHECK ONLY ONE): WI ro _' S p.X[1RnSF. tlnel llfllivtlrecltn l:IuYRr or f.ilJy~r'8 attorney: or } BlIy~r ~t. Buyer's 9)(~""nsl:l ............ ............ $ 2,318,240.00 H~ ~ 21 22 n 24 'S :Iii 27 ill 29 )0 ;j1 3;> 33 34 35 3V 3' :Ill 39 40 11 12 ..3 .... ..~ 46 47 46 4~ so Sl 5;> 10.00 2.318.2Jj)!~O (,4 .55 5G 57 :.u owner's jJuhcy uf 59 60 VI. CLOSING DATE: This trans:.IcUon sh<lllllf:! c:Il1:,ip.d <'Ifld tlll~ c1n:linq documents delivcrc(j ij1 1m or b~fpre Octobc-r 31.2006 ("CIIISifltl"), 11I111'1:-1:, Ilulllifil'ld hy Iltlltc1r prr.lV1l:110nS of this G~ ContrllcL If Buyer I~ unable to obtain H,iL,~rrJ, Wrrul, nowl, or I-!lJllJl'lC!wl....m>;. inllllr<'lllc:" <'II <'I rl'l:>tsmli:ll.lla r:ilf:l due to (;;j Axtreme w~alhcr conditions. 8uyer mClY lh:lI::lY Cllll'>IlIU fllr lip [II 5 Ui'lys afler such IXlvt'lrl'1ge hecnlllttl'l i'tVl'tiIHhIH. t>4 VII. RESTRICTIONS; EASEMENTS: 1_1MITATIONS~ SA/IAr ~h;:\1I r.onVf~y m::lrkp.lahle title sulljflr.ttn: r.om[lrAhAnRiva 13M use Ii::; rl...m~, LUlling, rc~triction5. pr('lnlbl\lons aM nlMr rAlltlirflmflnlR imposed by governmencHI i-ILJthoriry; rA~trir.tion~ and 6G mRtttlf10l <'iI-lPtlaring on the pl~t or otherwis€ common tn thfl stll)c1ivlsion; (Jutst,md'rlg oil, ntlll I1ml rnimmtl righl~ of r~Gord l.i7 FAR/ElIIR AXI:-!-' K~. 1I0i Ij} 2004 rto~ae A~sOclatlon or Ht:Al rOH~ ,m() Ilu: ~~.."'" M;u ^~ .i!JIII" ":'.."~r ne<)~ :;'.OCOCONl:IT JJ.30Y2D.102, I'O(I~ 1 ol" . ..........1...____.....___......... .......,).....e...Io........ I...., AIID:~.l.... D....,^_....... ',,,r:\""I"n...60 OCT-25-2006 12:54 From: To:4098~2419~028~737325 P_ 1 C8 VII, RI:STRICTIONS; EASEMENTS; liMIT A nONS (CON'T): without fight 01 entry: unpl<lttec1 p1.l1)IIC utIlity o~lsomonts of meoro (Inr.al~d contiguolls to rl:'O:!I pl0pt'lrty lines and net mere thon1 0 teet in width .1S to trl'; rem or front lines ond 7 1/2 teet In wic1lh t:I:; to the side Ilne~); l<tx~:'I for year of Closing ilnd ~ub~cqucnt ye:Jrs: and a~t:lImed mortgages ond purchase money mnrtgiolHe::;, if -'lny (it addltlon:;!1 item:::, RF.F. t:luutmdurll), provided, thot there exists ;Jt Closing no violotiOn ot the foregoing "nd nOnl'! prevcnt 1.1:;;0 of the Property for rp-s/rlI'tTlfJ!!L purposc(s). VlII.OCCIJPANCY; Seller ::.hcll deliver occup:::mc:y of I'ruperly to Buycl at time of Clo~ing I.InlCG5 otl1olwise Slated herein, If Prorerly is intended to ba ranten or occupied beyond Closing, the fect end torms theraof .jnd tho tonOn*;) or OCCupant:;; shl:ill t)(~ c1j"c1osed pUrliHmntlo "As Is" Standard F. If occup.:mcy Is to be delivared be/ore Closing. Buyer assumes all risks of 1(J3~ to Property from dale of occupancy, sh,,1I be resron.<:ihll'l ;:Jmj li::4hlu for m;unlHn;.lnCfJ from th::!l c1::!te, ::!nc1 sh:::lll he deemed to h;;lve <Ir:r:epted Property in Its existin[J mnnitinn ;.ts uf tlllle uf laklll!J ()~W~i:1I1(;Y_ IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typf!written or h"lndwrittcn provi~ion~, riders ;:lI1d ::ldd0.ndri shrill conlrol ;t11 printed provisions of this Corllr<4c:l in I~nnflir:t with them_ X. ASSIGNABILITY: (CHECK ONLY ONE): tluyer 0 lTl;,ty l:lhhign rlnd thr:rchy be rf:!e8f,crJ from riny furthor li:::lbilily I II) (J !'1I this Contract; ~ 1"<'Iy <'t~::Iifln but not be relc<lscd from liability untier thl!; GUflll;~ul. vr 0 m;~y fllJI c~58ign this ContmcL XI. DISCLOSURES: ((I) 0 CHECK HERE It the Property is sutJjHcl tu tll~1I Pi:1Y l::I111UUlII:s tJue etHer Closinq: 0 SflllAr o BUYElr L:.I Olher (see addondum). ' (u) Radon i& J naturally occurrillO radinac:tiyc gD:; thnt when aCClImlll3tect in a hllilc1ing in sufficient quantities may prMenl he81lh n:~ks to persons who ar0 6xposf:!d tn it nvp.r lime_ Level~ of mdon th.jt exceed feder.:J1 and Gtntc guideline!; have been loulld ill buildings In Florida. ^ddition31 InrOrrntlhlll1 IAq;-lrclinq mdon or rDdon testing may bn ohtriinftd from your Cuunty PubljG I If:li:llrh unit (c) Mnlrj i:; naturnlly occurring 'lnd mfiY cause health risk:> or dDm~ge to property_ It Buyer i~ concerned or desire:; Mditinnfil ifl(orrn<ltion rcg.:lrding mold, DUYflr should Contact an appropriate: prOfe:15iOnaL (d) Buyer ::lr.knowledyes receipt of the Florida [neroy-FltiGiFlnc:y RHlmg tflfunnation Brut;hure required by Section 553_996, F.S_ (~) If the re~1 property incluues prc-1078 residential housint] then ;:lIA::!d.h:::isflrl p<'lint nder is m:::inrt:::itory_ (f) If Seller i$ a "forp.ign nf!rscm' as defined by the FQreion InvMlmflnt in Real Property Tax Act, the parties shalt comply with that Act. I!J> BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNE~S' ASSOCIATION DISCLOSURE. (h) PROI--'ERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXE5 AS lHE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBlICATED TO PAY IN THE YEAR SUBSEQUENT I 0 PURCHASE. A CHANGE OF OWNERSHIP OR 1-'~~OP!::lnY IMPROVEMENTS TRIGGERS REASS~SSMENTS OF THt PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QtJ~STIONS CONCERNING VALUA-rION. CONTACT THE COUNTY PROPI=RiY APF>RAIS!;:R'$ orrlCE rOR INrORMATION XII. MAXIMUM REPAIR COSTS: DELETED l\:.( XIII. HOME WARRANTY: 0 Seller 0 I:luytlr loll\. (j~ III 11 n 71 I,' 7~ 76 77 I~ 7~t ~n 61 82 83 A4 as 8C ~! 68 U\I !lO 91 9~ 93 114 95 96 97 (\8 SS 1lHl 101 'l.1~ 103 '04 N/A will P;}y for a homo w~rrMty plan i:;sucd by €II a GO$I nol 10 A)(r.r:n(] $ 10:" ~'l,i. IN3PCSTIEHJ PCRl86 ANe (-Inspcctlon Period-) within whiCh to h;lve such inspections of tile Property performed as Bu s re and utilitifl:i s~rvicc shall be made available by the Seller dllrlnG the In!:pecflon Period' s all be feSpOn3/lJle for prompt paymfJl/f (or such Inspections and rTilPilir of damage to an n of the Property resulting 'rom such inspocliQnS; ,md (c) if BUYGT dQturminos, In Bu (' Iseret/on. that thg condition of tho ProplJrty is not ilcccpt.Jble to Buyer, Buyer mOlY clfncel - r~cr by doliverlng wrftton nor/c(' 0' sueh o/ectIon to Sellcr prior to the expiration or me lnspflc . . If Buyer timely c;anr;e/s f1l'$ Contract, rhfJ d9posir(s) pald shall bQ lmmodiarfl/y rntllmlJd creupon, Buyer IJnd Seller shall be releascd of ?II fllrth~r O~ligiJtion.:> under this Contract, except I~R W7 10~ 10~ 110 111 11:i '1'1:', 114 1'~ 111; "17 XV. RIDERS; ADDENOA; SPECIAL CLAUSES: CHECK those ric1flrs whir.h <'Irft applicable AND fire Rttl1ched tn and mana ~ .l!.<.irt IIf Ihis Cont~<lct: __ W CONDOMINIUM 0 VA/FHA 0 HOMEOWNERS' ASSN. 0 LCAD.OASED f'AINT 0 COASTAL CONSTRUCnON CONTROL LINE U IN~ULAflON 0 OlhAr CtlrJlpr('~lensive Rider Provisions l:il1 Addend<l Speciol CkiU~8(S): rile terms of this qoll1r.i~' iPply to CiJCh ,Jnr:'-~qrr;J:JJl!/i.t!:d In Exhibit "A." Seller's purchase a( allY paroelllsted on Exhibit" A - shaff require Scllc.($_purChMc_ol.M'-P~r.cIH$_I($tcct_on..~XrW)lr::1.!. - ~AS 'S" STANOAROS FOR REAL ESTATE TRANSACTIONS ("Standards"): Ouyer and Seller acknowledge receipt of a copy ()f Sl:ilndj;lnls A Ihrou!;)h Z on thft reverse side or altacIWc:J, wl)ICh ore II1corpor.:1ted .:1$ p,vt of this Conlr.,ct THIS IS INTENIJI;D TO DE A LE:GALL Y BINDING CONTRACT, I~ NOI fULL Y UNO!:R~TOOO, SeeK nil; AOVle.; OF AN ATTORNI;Y PRIOR TO SIGNING_ THIS"i\S IS. FORM IIA$ OI:I:N Ar>flROVED BY THF. FlORIIJ^,,""S(}(;IAlltJN O~ RfALTOF<S~ANU THt: FLORIDA 8M. Ap1uOV.l1 does nOI conslllut~ /111 tV,;,lill" (II'" ,lilY of the terms Ilnd condllion, In In" Contract ShOUld IJo ;>cceptect by IN) port/es In /I portlcutor lronsocflon. rorrm end ~0I)dt110M ShOI,JII1 be negol/a(pcf ",,,,<.,,1 "r"If' Ihl! fOE.(lIlCflv.llntofft!ts. Db/sc/lvos and /]arga~,I",; {Joolrlons or all ~llurostod porsCilS. 11" 1m 1:>0 1;'1 f2:l l~j 124 1:'b '26 ,:?7 (BuYE:lr) Boy ton Beach eRA (~;ellerflntown R~aliiG~;'up,-i;;~. -~ -. , -"'-(h~le) --- (D:ltc) lZ0 1711 lJI) 131 -" (Elllyerl _ Buyer~ ~ddrl'l!;s for purposes ot notice (Dato) (Seller) Sell t:lI s' Cldlfl\;l:;~ fur pur~u~H:::; of Ilulice (Dole) ,;)~ n:1 134 lJ5 Phone ,,-- ..u..._______.... ~-._~-~.-.._.-.,. ----.-..-.-...- '''j:ihn-nFi" BROKERS: The brokers {incll1thFlLl (~-;';o;)""i;ratin!i brokers, If "ny) n8med helnw are tha only hrokar~ entillac1 to r.ompenl;.'ltion in connectiun with this Contr3ct: Nc:unc:. _.. _ CQopcrClti"ng Brokers, If ..ny Listing Broker I AI~EsAR ASIS -I RAV. 71U4_ 80ftwarc ..nd added fl),m."ltling~) 200'1 AIIH 5lH' ~ullwcJ/l':, 1111,;. (3Utl) :.!flJ"l:ll:llJl:l PCJYI..::l uf 4 OCT-25-2006 12:54 From: To:4098~2419f028~737325 P.12/16 Uij "AS IS" STANDARDS FOR REAL ESTATE TR.ANSACTlONS nr 1JH 13!l 140 i41 H:l 14) 144 14~ l~ij 147 \4A 14~ 1!.~) 151 152 I~ 1!l4 1:;:1 1(,1; 157 1M 159 100 161 1ft' lijJ 164 165 1RR 11;/ '''0 160 170 111 172 173 174 1l~ l/G 177 178 170 lHU 101 182 I~:\ lH~ 185 A. TITLE INSURANCE: The Title! Commitm",nt F,h:ill hH illlillHcJ hy II Huricla licensed title in~urCf ogrccing to iS~\J.:: Buye" upon 'UW/lIlI'H lIf lne deed tv Buyor. Jn ownHr's !KlIll,;y uf hLlt: ill::su,.ance in the amount of the purctltrse pricc. jl'1~uril'1':l Buycr'$ morkctilble title to the F(eal PIIJ~'rty. ,:;ubjet:t only to mallerll CUlII~ineu in Pi;UOIYIOIPI, VII ..,.\lJ lI'lOse ~o be di<.chJrlJe<:I hy 3p.Ilp.r ~t C)r bP.fore CI05ing. Marketoble title $h<l1l be dotcrminP.<l <'lc:r.ordmg to Cl\>fJlil,;,Julc Tille Stond.:nds adopter.! by ::Iuthorlty nt Thfl r-Irlllllii ()m i11111 1/1 i'lCmrdiillcfl with l;:tw rl;'l~ fmm date 01 nil,;(:lving the Tille Commitment to 9x:,\mlnA II, ::Inn if tillP. is found defective. notify Seller 111 wril1n . c: (J;) wnlc:n render lIU~ ullln;;Jlketable St'lllftr IInall Mve 30 <lays from receipt of noU\:u tv rCrllQVC 11)0 (j"ll!ct~, f~i1in . ur lilll:lll, within:) UHys after expi/<:ltion of the 30 (1;)y period, deliver WJllll,;II IIlJ\ll.:l,; \1,1 Seller eimcr: (1) extending the . , re.JSQnable period not to cxcce(.l 120 uOJY:;; within wl'\icn !lAller sh<lll u:;f.ll.Ilhgcnt effort to removc the dcfectf;; or (2) r ,.' 1100 OII1AJ10M(~) p~M WI'lir.t'i t'h,1I1 be returned to Buy.;,.,. If E'lllynr fails to su flt.My Sc~lcr, BlIyer ~.t'i.:\1I be deamed l('l . . ed the title as it then is. Seller shall. it title is fOllnd Ilnm;)rkAI;)hlA, 1.IM diligenli:lfvlt to correct dAfP.Ct(!\) within the ti " If, alter dililltml t.!ffl,l'~, $..111,;1 I:; UllCluli;: lotllllt.:ly Uom\lr.;1 tile defects. Buyer shall either W(JIVO the defectF.. Of receive' eWlill(li), UIUI..lJy 'UII,;CJ:;illY Buyer LInd Seller from .111 further obligotion:: uruJl;.1.thi:;; Conln:lct. It ~tlller is to prnvldfl """ihnent ?nd it i5 de!ivered to ,Buyer I~.s tho''!n (i ti~~ prior 10 Clnl'oino, F1IlYAr m~y extend CI~ing so thot Buyer OI'rLlII 1.\. PURCHASE MONEY MO~TGAGE: SECURITY AGREEMENT TO SELLER; A lJurchi:llit! llIuney flIortUl:lQe and mortgage nolA to SAIlp.r ahilll \lfovide for 3 30 day grace pHrinrt in Ihl:! Hvel1l ot dHIHlJll ,I <l fir ~t rnortgDgc and 0 , S day gr<Jcc: pcrKd If a ~;l!Cllllcl nr 11'~"sl;!r rnorl(J~e; shall provide for right of flrHpHYlllunl ill whalo or in part wilhout penolty; shall permit ~Cl;eler;;ltion in event of lr,msfc:r or tho Real P":Jpt:llty; :;tri'lll require 011 prior liam; fllld encumbroncc~ to be kept in gOOd st:lnding; shall forbid modifications of. or future adv31'1ces under. prior mOrtgage(s); Shilll reqllirH Ouy",. 10 fTlClinl<lin poIieie!: of Insuroncc contolnlng a st~"d::m:l mOr1!JR!JAA r:IRIIRA r.overin!J All improvements loeated on the R.eOI Prnpl!lly llgilinsl fire i;ll'Id 011 peril:>: inr.lurlerl within thA tArm "AXtAlIlllld l;uvulagu c:,.tda,::lemc:nlS" (Jill.! :;1.11:1) WlllUI (taka Kiln IlfInlR al:l Saller m:JY reasonably rt.'4virc, in In ;:tmolllll "tjUlllto their highest insurable value; and the mortg<lgc. note ond :>ecurity agreement shall be otherwi86 III fUlIll .,nd content rjOl'lllll~ uy Seller, but Soller moy only rcqvirc CIOUQCQ LInd covcroge Cl1stom,:lrlly fQtJntj In mOl'tg<lges, mortg"9c not<l5 and :;cclIfity anroomcnts g~uerillly utilized by sovings and loan institutionf, or ~latA nr natillllal bank,.; 1()(;~tHrl in the OOllnty wherein the Re.,1 Properly is IUC'c1tl:u_ All PerMMI Prol'lAI'1y ;100 IAaRBR l>Illng conveyed or llSlIigned will, 1:11 Seller'li optkm. Oe suoject to tM Ilfln nt II l'\fl\.lIrily l:Iyrl:\;fI)ont evidenCAI1 hy reCOrClel1 or filetl filltlllt:iny lilclll;,!rlll:lIl::; 1.)1 (.;1,;1 lifiCi:ltos of title. If 3 b....dlo:JQ/l 11)C/(lg.:.gu. (i'lL: filL<l1 ~i;lyrll\m\ will exceed the periodic I"'lynlAnlS lherevll- . . _ . C. SURVEY: Buyer, OJt Buyer'5 elfpente. wilhin limA IIl1nwAi'ltn l'lflllVflr eVidence of title and to examme SLIme, m;)y Mveltw\ RMI Property surveyt.'tl <lnrJ certified hy II rp,gilltered Florida surveyor. It Ihe survey dllil,;luSI,;:;; I.:IlC,OGlCI'nl(:Ilt:.; 011 UI~ RI;,!IlI Prupertyor that improvements Ioc<1led thereon ancrollch on ~etbtl..:k IIIICS, Ca$Clllonl$, land:;: of othcrz Of violoto My restrictionG, Contmct covc;onanl$ Ijr CI~pli<:"t.lIt# governtnf'lnl.11 regulatIon:>. tile :><1lne l;hLlII constitute 0 title defect O. WOOD DESTROYING ORGANISMS: OELETED E, INGRESS AND EGRESS: !;AlIAr warrants and represents that there ili iIlW~S l;Ifllj t.'YII,;SS tv llll; Rei:ll Property sufficient for its intended \J:l~ iiS dascribed in P;)rllgraph VII hereof and bile 10 the RCIlI Property is insurable in Llo:;;ord;;mcc with "AS IS" SlarlClarrJ A WllIlOl.Il excelJtioll for lack of legal right C)I Rr.r.P.!;S. r.ltAGl:&: €ell..r :'11'1,,11. ~lle.e.:lt 18 IIl1)5 Isefere GIMiI"lO, "'rl'll~'" t~ Ol1yftr-ml'il!.! e specifying Ihu lJalure ond dl.lrotion of the tenant', occupancy, renfl'll rlllp'!I, adVJ.lnced rlml alld SPot: Y fJnant If Seller Is IJ/li-ltJIe to obtain ~ucl'\ letter from I:t3r:-.h tamml, tha 1IH11I1;IlnfoHn~ticn sha . or 0 Buyer witr,i" lhat titflU purioU ill IIIH form nf R Seller':; ..ffidovll. and RIlYHr U1iiy lI"lo.-cafter c Irm such inforrrl3lion. If the terms of 1M tC.;l~es differ materiolly from Sollc,.:; rcpresenblion.'i I~ on!r;)ct by delivering written notice to Seller :;l11E'l'I~I {\ dt'ly~ pril)l' to Closing. Seller ~h<lll. <It CIOGin9, 1M 187 188 10& 1tlO nl 1&) 193 t~ '1t~'> lOR 1111 196 lQIl 200 :!OI ;>0:> :l\JJ 204 20~ 2(11.1 ;!o7 ~08 G, L.IENS: Sl:flt.;1 &h.J1I furnish tn Buy"r at hrnrl of CIUlIillg an affidavit attesting to the abM:nce, unless olherwlsf: pravK.lttd fur hllfltln, 01 any fillilncing statement, rJifllm; of lI!:n Of potenliallienors known to Seller ;)nd fvrtl'\er Olle!lling thotthere h;:lve t;leen r'iO improvements or repairs to the Real Pr/')~rty for 90 dtlyo.J illlJlI.;.'di<Itcly precedIng dote of CIOGil1lJ If th!'! RA"I PmpArty h,JS heen improved or repaired within lhatlirnu. Sell"" shall deliver rt!lt.;ascc or wJivers Of constructiOn lI~nt I'lXA("AltACl by all general contractors, SUbcontractors, SlJppliANi and materialmen in addition 10 SellCr's lien ~Ni(f,'lVlr I\Altlng forth tM names of all such gentlrHI COfltTl:lC.;lor~, liubf..'Ofllrtl\:tors, suppliers and materialmen, further ellirrning Ihot ;)11 CMrgM for improvemen!:l or re~l:Iir~ whif..11 cvvlu :;,-wc as LI oo::.is fOf Q con"tfuction li(;1I 01 01 c.;l.UIfI fUl Ui:lJrlI:lYtl9 hl:lve been poid or will be p::rid at the ClosIIllIl,lf lhi:;; Contfact. H. PLACE OF CLOSING: Closing shall be held in the county wtweln thlt Real Property is located at the offic:n of the attorney nr other cIo5il'lQ agent rCIOsinlJ Agent") dp.-5ignatAd by thn pmty paying for tiUe insurance, or, If no llUe II1:>l.Irl:lrllal, utilltgfltlletl by Seller. I. nME: In computing time periods 01 less lhan si1. (tl) daYJ, S"IUfdoyQ, SundLlYs and slLlte or n<ltionallcgal 11Ol1(l0lrs :it1alllJt.! t.!J\l,;lvut:u. AllY time perl('l(lR I'lrovided for t'~ICUI wl)icn Sholl end on LI SOturd~y. SuM~y, or." 1P.g~1 hOlld;ly~h:l1l AxterKl In !'i.OO p m of the next busine55 day. Time 1$ of the 9SlJllnCe ill lhis Contract. J. CLOSING DOCUMENTS. Seller Sh.'lll furnl/;h thA daed. bill of sale. cerli/icate 01 liUe, construction lien affidavit, nwnc'IT'F; P\")..<\.'19MiiM Hllillilvil. o~r.i!ilnment~ of Ie<1S~'!t, tl;lnRnt RM mor1flR{lp.P. e!;l[)p~.ll:1 Iclh';I:; and corn::ctivc in:;lJ ullltmt:;_ 8UYL'" sllClII Iurlllstl JII[)rtg~p., mnrtfll'!flp. note, secvrlty aorf3emenl HI Ie! fifl~nci')Q sliltcmcnts. K. EXPENSES: Documentary $bmp$ on the deod and recording 01 corrective inslrllmp.nl~ ~hl'lll be PlIirl by Sellltf. All costs of Ouyet's loan (whtlltler obtained from Seller or third N'lrty), incltlnin~, hut nut hunted la, documcntory Gtam\l:; LInd IIl1dllHltJlII lnx UJI tllll 11Im:hHRA mnnay mortgage "nd ony mOrlO1:l!jA BHI;UIIIUd, 11Ioltl-laQec title il~uronce comrnitm~l'll with rel:lled feee, :3nd recording of purch.,l;c m~ney rnoltgiJgl:. <.leed and flnanGin!J ,;Ii-llemtlnts shall be paid by Buyer. Unless otherwise provided by I<lW or rider to this ControCl. enorgC$ fOf' the following related title ~HrvlCes, namely tiUc evidence, Iltle eX<lmination. and c1o~int1IHH (i/l(~lJ(lirl!l IXApHrHlinn ot rJm;in!) l'ltRtAment). shall be paid by the p.'lrly responsible fv, (ulI);shing the tith~ evirll'lnr.A in l'lr.r.orn;mr;" wtUll-'i:Ir;ilQrl:lph V. L. f>1~ORATION$; CREDITS: TilX"'o;, ill\lI"'''illl1ltlnt:s, rent, inleresl, insurance end Other expenSeS of the Property shell be prorated through tht:: !Jay before Closing, ouyer shall have thc option ur \aking (JIIOI cxloUng policies of inzurJnce, if .:ls&umable, in whiCh event prcmivms sh4l1l OC prorated. Ctl:;h Olt Clocing Sh,;l1I hA inl".rA;lJ;OO or decreased as may Uil rt!qulretl Dy prOH:IIIOn1; to till Il1l:lue lhrough day prior to Closi~. or OC\;up;;lI1CY. if OCCtlp:,lnr:y occurs before Closing. Auvtlllct! runt Olnd seCl,Jrity doposits will be credited to 8uyl;;l. !::ouow lJl;;VV:>II:; IIf.:hJ LJy InortgtlgM will hA creditetl lu Sellur. T C1XI;'S shall be prorated b<15ed on the currenl yp.~r'l\ I:"IX with rllJP. .~II('1w.:lnce mJde for mmr:il11um .:IlIOWoble dlsl".Ounl. homellt~<l\J "Ill;! other exemptions If Clo~;jno or.cAJr~ al a date when the current year's mmage is no! fixp,(j :md C:lIrr"nt YMr'~ assessllnmt i:;; <:1V'Jililble. 1,'IxA.'\ will hft prorated based upon such tt::;:;I,;:';:;lIIl,;nt OInv IJI.'V' YI,;'lI':; 111111011./1.:, IIl,;v/rcI,1 yum's U:;sclIlllllenl is not rJviJil;lble. \t)en t~Xfll!; will be Pfordlcd on lJIIUr YC.II':>ti)l(. If there are completed improvements on the Re.J1 Property by Januory 1zt of yoor or CIOS;1'I9. which imprnVl:lllcrrt:; were not in existence on ,lanllMy 1l\t of nrinr YOLlr, then taxa!> !>hall bll pror:ltflo h;l!:Ac1llflon I'lrlnr YA;)r'~ mlll:~op. and ~t an r~qUll<lbIC o~e~.zmMI In hfl <'Jgreod upon between the purlie::;; 1i;lIllnlJ WIIlr,;I"r, IOQu\i~t $hOlllllllllllll.le tu ll1~ Cuunty Prol)erlv AOlXl:liser fur an informol QCs&ssm",nlt~kin[1 intn HCctJlllltllvklllaulu e.f.empuon(). A t')lf pror.Jtion lA1o;erl on ,:In estim.Jte sh<:ill. ,11 J"equc.$l of eithel' pally. be rCodjl.ltlad upon rer:l:!ipl oll.'urr enl yC:Jr'~ tax bill. ~^,,~IAAR MIl;-l i'levl6od 7/04 <t> 20(101 "kJ,;,I~, ^<..-..x;f,"'nn nf Rt=Al TnRS~ W1c1 The r1onao Oar. Ail nl\lht~ Reserved Saltwilrcr and i1ddcd forom(ltting ~,~ 2004 AHa Star Scflwafo. Inc. (305) 279..889$ f'<lge ~ uf 4 OCT-25-2006 12:55 From: To:4098n2419"028n737325 P "AS IS" STANDARDS FOR REAL ESTA"fE TRANSACTIONS (CONTINUED) 209 M, SPECIAL ASSI;SSMIiN I L.IENS; Except 0:; ~C't forth in P~mgraph XI(a}, certified, mnfirrnflrl ,"lnd r<llilied::pecial (\!;;!::o~::ment licn~ impo~c'a 210 ~lY pUblic OodUiS <-IS ur Closing <)ro to be pnld by Scller Penrjina lieflfl :~" 01 Clo!;"".., slIOIII blO d'*Ulll\,/U by 8uY\,lr IIIIIH Ifllprow.mlflnt h~~, hepr 211 wMt::\nll.<llly cornpll1ll1u <lS of Effective Oate, ~.ny j)fmdillq IiMIl "liiill tJ<: l;url~lu<:lt:d ct':ltified, confumed Of ltltified llnd Selltr :.1\>211, >II Clll~"lU t,,, ~1~ ril<lrQed l:IlI ~IIIWllt (."q u <:11 10 thl! I,",~l A!\t1mllle or assessmenl fur tlle iI1l~HUV(;1I11.:1l1 by tll.... puuliL body. ~1J N. INSPEC"l'ION, RF.PAIR AND MAINTENANCE: OELETED 214 O. RISK 01= LOSS: If the Propurty I:; OiJln<lgod by fire or other CC'lSlr;ll!y hAlMA UOl;lnn <1M co.';;! ot rA!;tnr;Wnn elOA!: nnt eXCAM 1 G% of the 215 PurCMM Price, cost ut le~toration chJII be i'ln ()hlin~lIM of Soller and Closing snail proceell pur~uant to the terms of tnis Contract With 718 restoration <.;u:>l:;; cccrowed ."ll <:Inl;in~_ If the cost 01 restoraltun I1xcuf.:\.b '-0% or U Ie f->uIUril~C PI <C8, Muyor $1"1;)11 l.:llJU';' L<ll\~ 1I1~ 1~IO!Jl::ily <J.'j I:;, 217 tOQcUu:, with either tM 1,5% or any Insurl;lm;\: pH.,lCl;:CU:> p~y~blc by vinue of ~Uc,h lo~.~. or d0n1~!)e, or rr:>ccivc.) refuM of dcpO~II(:;). lll~,<.:l.Jy 218 mlrosing Buyer and Suller Iturn (Ill further obllg(\tlons LInder thIS Conltat.1. ='10 P. CLOSING PROCEDURE- The rip-p.ri !;h~1I hA recorded upon clear.lnce of tunu.'l. II UII~ tllIe <lg~llt Insures adverse mailers pursuant to Stlction ~'/1I 6;>7 7R41, ~,8.. <15 amennl'\d, the escrow and closing prucc<.Jl.lrc n,;quiTt.:u by l))i~ "AS IS" Stnndilld ~h;JlIlx: W;;livel.l_ Wnle:;:; WOlIVCU U::l ::leI forttl J?1 i-lIX)\IC the foJlowino e.ln~ing procedures shall OlPply_ (1) 011 clo~ing proceeds sh.JII be held in escrow by the Closing Agent fer J period of nol 01010.; :m Ihflll 5 d.jys after ClOSing: (2) if S(:IIe:r'~ title i!;; rendered unmarketable, through no fault of Ol.lyer, Buyer Sh<lll. witl'iin the 5 d.JY period, notify :!~, Sellet in writing of th" udeet and Seller chOIl h.:lve ,30 (1;'lys fmm cl~tR of TAceipt of such notification to Cllre the c111fect: (:1) It ~flllllr f~ils to limely 22~ cure the r:I~lm:l, <'III ucpos.it$ ond Closing funds shall. upon writtan cfemllnn hy Rlly"r Hrlll wiltlJ/l '\ cJliY!llillp.r dP'rI111flli, ~ returned to [\uY8r and. u~ simlllli-lrll'IUusly with suCh repayment. BUYF.!r !:lhl'lll rHlwlI LhH PHrlioll<-l1 Plullurly, VClt:iJtu L1,u ROill Plu~rty <lIlU IUWIIVUY 11m PropAfty In SP.llflr hy :>:>6 liptiClal warranty deed and hill of !'i:ilfl; Hrltl (4) II 8uY\:1 fails to l11<lke timely demand for refund, 6uyer r.h.:\1I take tith:: os I:>, wiJivlllll 0111 f1~,lils '.!'1'f agl:lill:it S\;l!IJ;:r as. to ~\flY 1r11",v..rlll~ defect except 85 may be availOlblc to Buyer by virtue of wn.rrantic:; contilined in ll'1c deed or bill of sale. 226 a. eSCROW: Any clmling Agent or e:;crow agent (collectively 'Agent') recei...ina ftmd5 or flqllivRlp.nllS 8ulhori;o:ed llnd agrees by ucccptonce of 220 them 10 t:I/Ilposit them prulHpUy. hold C::Ime in eccrow and, f;lIhjAc;ltn C;hii-Jrdnl;!:, dl:SUUlse tliem III aCCOI'IJi'lnCtS With tttrrl1li ano ,.onditionf, of thi~ ~:1{) Cnntract Failure of Iundc 10 c.le.;r sh<-ll/ 110! eXl;Ust: Uuyer's performance. If in ooubt o.~ 10 Agent's dl.ltiC$ or li€lbilities under the provIsion:'! ur IIms ;<;), COl1tlOCI. Agent m"lY, llt AQent's option, l;;orltinul; 10 '.1010 the SUbject matter of the e~crow until the p.."lnies hereto agree to il:; di:;I;UI:;vrrll,;lIl <.II 2~2 until;:l h.Il'lnment of a COI.IIl Qr competent jurisdiCtion Sh:i11 elAlarmlnA the rlflhls Of the parties, or Agent may depoSit ~amA with 1M (Jerk of the 233 circuit court 1I00ving JuriCdic,tion or thA dispute. An attorney who repre~el1~ tl party i;lfl(j \ill:;u <lcls 01:; Ay~llt lIlay reprl1sent such party in such :<3-4 li<';~UII. upon notifyino rlll parties c;on<.;erncu ul SI.JCII oction, illl liability on the part of Agent 5hall fully terminate, ~XCCpl to ltll;: cxl(;lIl <.II 23,'1 aC(.J)untin[l f(')f any items previously dclive:red oul Of escrow If ,"l lie.M!';M rfllal 1l~l;ltA llroKAr, A!iont will r.omnly wltn "t()Vi~il"ln& Of Ch~pter 475. nil F 8., IlS amendeu, AllY suit between SIIYAr llnd Seller wherein Agent is made a party Uecllu~e 01 llctlflY tiS Agent hereunder, or in any Sllit ZJI wherein Agent intcrpl~,VI~ thft subject maUl1r 01 th(;! e~ClOw, Agent shOll recovcr rmr.onable ottorncy's foes <In<.1 l..V;I:; IrU...1,JlreU With ltl~~~ 138 ;Jrll0unl~ to be r>;licl from and out 01 llll,; I::>crowcd funds or equiV:.'llent ~M ChMged .''If''1 ."lw.'lrrlM M ,.ollr! (.o.;lf, in f~lVor of the p..e...~iliJl9 pollly_ 2~9 The Agenl sh:lll not be htlLJle to any party or percon fer miSdelivery tn rlllYAr or SIlIlf!r of itAms sllbjer.IIO thl! I'\u.rnw. unIM_~ .~IlCh misdelivery is. 240 dl.le to willful breR("Jllll the: provi~ionc of this Con!rrlcl or grnss nllgligence 01 Agent 241 R_ ATTORNEY'S FEES; COSTS: In My liliCJlltion, including breach, enforcl::rmlllt or ifltcr\lfE,:~tilJrl, ari:ilflf,l out uf tillS Contract. the prevaaing ~4~ p<lrty in lilJl:1\ litigation, which. for purposes Qf this -AS IS. SLHnLlard, shall indude Seller. Buyer :1p<;j ;jR~' bro'QloiM6..e8li.ll!l in IlJj(CII~. ~ "u'~!1~,,'-t ~4:l ord..I;",.3I.;IS-~ lltltM~jt&d ~ G~r 47:"r'1- .6.,"tJ>-1l,,,'-, ,dGd. sholl be entitled to recover from the Mn.prevoiling party rcaronnble attorney's fees. 244 costs end oxpenses ~4~ S. FAILURE OF PERFORMANCE: If Buyer fall.o; to perform thiEl CnntmGI within !IlH llllllJ spflGlllflll, illl:llICiing p-"Iyment Of ('III deposits, the ;~4!1 ctepm;it(lI) paio oy Buyer and dep08it(s) ::lgrAad 10 ba plotiu, IIlClY UI.: WI.-oV(;fl)U ~JIIU l\:tOllllOU lly ~1I1l fUI 1111.; Ul;l.UUIII ul Sollor ill; nqrnnd Il[lOn HI liquicJi<lI\;.'<.J \Jal11<lges, confiidflrCltlulI IUI lilt: execulion of thi:> Oontr<lct Olnd in full settlement of ilny clilims: whereupon, Buyer and SelieI' shall be 248 ICliCycd of 311 ohliWlliCln::s under this Contracl; or Geller, :It Seller's option, may proceed in equity to enforr::13 Seller's rights under this COl'llr~et If 24~ fO( MY tAAIlOO other ltlwl (ailure of Seller to mak.e Sell"r'5 lill" lTI(1rk"t21l:JltI IIHtlr ulltgttnt tlHOlt, Sellllr li'lll~, 11I1!jltldli or reh.16R5 to perform this 2~ Contract, Buy(;r rll<lY ceek specitir; pl'lrtorrrl<iflLt: 0( elect 10 receivc the rcturn of Eluycr':. dcpo:;it(:;) without thereby waiving any aclion rur :<51 dlllllfJllCS fI~ulting from Seller's breach, ZS2 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; FACSIMILE: NellnAr thll; (';nntmcl nor any notiCe or it. Sh311 be recorded 253 in any public recoru.'l. n11~ Contmct shall hiM :1M Inure to the benefit of the parties and lheir successors in interest WMnever tnt!l contt!lx! 2f>'1 psrmits, sinyulCtI $tloll indll~e rhlrlllllnd one gender sllall ill<.;luue illl. Nuliet,) an\J t;JJ;:livl;;ly givo.;(l by 0110 U,C auornr.:y Of lxOker reprc:;enting (:my :l55 pllrly :;hall be ac effectivl'\ Il~ if Qiven by or to 11ltlt party. All notices must be in writing and may be ffi.:1de by moil, personol delivery or electronic 2~ rnedi<!_ A le(Jihl/ll f~c.'~imile copy of UtiS Conlr<lct ond <lny sigMtures hl'.!l'eM ~h:lll M r.nnl\ldRrOO for:lll 1'l11rfX'l1;~ ;1:1; ;In original. 2~7 U. CONVEYANCE: SelicI' shull convey markelllhla title to the Real Property by slHtutory wllrranty, trustee's, personal representative's, or ~>Ij gU~f(:liRn'.q dt;l.:d. n~ appropri('lIA to the status of Seller, llUUlI:l(;l only to mailers contOlinc-d in Paragraph VII ana lhO~~ <.Iltll::lwl:;e l;Ic;l,;l1.,ted by ~59 BUVHr. P(;r~on::ll Pro"lMly shall, at the rliqu,",:iit of Suyer, be transferred by 3n .J!:lsolllte bill of ~..,Ie wilh worr~nty of title. subject only to ;luch 260 m::ltters :IS may be olhp.rwl~!! IJruvided for hcrein 281 V_ OTHER AGREEMENTS: No prior or rrAMnt agreements or representations stH:l1I be blndinQ upon Buyer or Seller unless included in thit'; ;,/;, Contrrld. No modilic,:!!ion to or ch1'lnge in thi~ COlllr<-ld sli<tll be vi:llid or binding upon the pLlrtic~ unlc~s 111 writing and cxeculcd uy Ihl! IJlIlh!!s 263 intended to be bound by it ~64 W_ SELLER DISCLO~URE: (1} TMr~ :Ira no facts known to Seller mRI~rilllly Hrtp.r:tinH HIp. v~llIp. or the Property which are not re:;dlly l~~ observi;tllh~ by 8uyer or which have not been diac-JlJH~d tu BUYUI, (2) SYtl~f IM"mds .alld illtrmlJs (/" wilflimly .md makes lID reprfllientation ;>86 of any typtt, either t:)(pro$$ or Irnp/lad, 8S to the physical cOllditloll or JJJ!#tory of the Property; .urd (3) SQfJCH ,,;'$ fOcwivvd 110 wlillllfl or 2t;f verbal notice from ;illY governmental entity or Clgwlley U to II ClJrrently IIncorrt:ctcd t)uild;n9, environmelltoil/ or :i;J'ety code vio/;ttiOrt. :lUU X. PROPERTY' MAINTENANCE; pROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Geller ~holl mointoin the :.(1,;9 Plup.;;lty. indudinn, hilt not limited to Idwn, ;;;/.lrubbe:ry, and pool in Ihe Gon~ilion ~xjl'>!ing <'IS of FttA(';tivPl f)i'lt~, orc1in<!ry WF.!.:lr ~nr1 teor eX1;.epled. 270 Seller Sh.~II. t1f'lOn rp.J;lSOfldtJh.: notice. provide utilities serviGt.l "no aCCM:> tu lilts "-'rol-'~r ty fw l:ll-'lJr~I:.-I81 ;ilI1UIII~pt:[;IIOII~, H1(~IJ[lifl~ a walk-through 271 Pfior to Clogn~J, 10 confirm that all items 01 Per50nlll Property aTe un HIC Rl:ul Plupclly <I11\J lIliJIllll: Pruperly 111:1::; been msimainl1d tiS reqUired 272 by thi$ "AS IS' StandBrll. $(:IIc;-r will os~ign 011 ;:\ssiOM!)'A rAn~ir Ilnc1trcatment contracts and warranties to Buyer at Closing. :'7:\ Y. 1031 EXCHANGt:.: If either Seller or Rt/YAr wish to enter into a Iikl1-klll\J CXt:llaIlYU (l.:itllUI :i1lJ/uIICl/llo'UU:i WillI Clo:liny or deferred) with respect ;l/4 to the PIOVCrty uncler :;A(;lIon '103'1 of the Internl;ll R'o'vCfll.IO Code ("Exchongc"), the other party ~.h<:lll coopcrate in <lIlI(,D~onDblo.; re:>pet.:l:; tu 275 l.!ffe:c!uotc tM Fxr,h~nge, lTll;luUlll\,j tilt': l;iX,;;culion of documF:'nts: provirll'ln (1) IhA r.oo[lArMlng [limy !;h!llllni".lIf nn li:lhillly or expense rel;3ted to 27~ the F.Xt.Mnge and (2) llle ClU$irlg shi3llnol OF:' GMtinOAntllI'lOn, nor extended Dr delayed by, such Exchange_ 2Tf Z, BUYER WAIVER OF CI.AIMS: Buyer waives IIny c:lilim:; again:>! $(:lIcf :J()d. fO IIle exl<.',.! pl'rrrriut:u l)y IfJw, iJYfJin$1 any rCill e:;t<ite no /ir:r.nse8 involved in th~ n.gotltltlon of the Contract, '01 :wy defects or othor d.lnl.l!10 th.lt m.1Y oxist .1l Closing 0' tl,e COlltracl :m(/ 0.. 279 subsoquently discovl!Jrod by the Buyer Dr anyone c/Jiminl) by, throlfgh, lInrlel /'If 12g,')/nst tl1i! Buyer_ FAR/DAn ^SIS-l Ruy, "1/04 ~200-1 Florida Associ:;ltinn nl REAL TOR~C!i} "lIIU lrle 1=lolluCI ~81 All RllJllt~ HI~',l'IVL'U ALTA Snftwara ~nd added formilttlng ~ 2004 Alia Star SOIlWillll, Inc. (305) .279-aa9f.l ~I~-:.~ PaYI' 4 01 4 OCT-25-2006 12:56 From: To:4098~2419~028~737325 P.14/16 ADDENDUM TO CONTRACT Deller: Illtown Rc:tlty Group, Inc. Boyntoll Betlcll CommulliCy Redevelopment Agency Buyer: Properly AddrC$:;: See E~~li~il ~A"-aJ'~1<.hfJd hereto and TncorDOl\ltcd herein ThiS <lclOflndulII is rnadc pJrt of the Conticlct conCl'~mino lhl'! prnpArty mftmmced "lbovtl. 'I. At Closillfl, S~lIcr shall ~onvey marketab/9 title to BUYfY-. Seller s/latl provide Buyer wi'" OJ m"rhd up titl" commTtmcnt, and aflar Closing, Sellcr sh;,1I prov/do Buyor with an owners policy of title Insuranco at Soller's erpens.. 2. Seller':; obligation to close on the Property set fortll 011 Exhibit. A. ;s cotlfiflgelll Ofl Seller's ability to purchase such Property. D:4le: Seller. Intown ~fJlIlty Group, Inc. D<ile: Seller: O,:lte: (Iuyer: BOy ton Beach eRA Dale. Buy!'!!": Addendum To Controct - Pogo 1 OCT-25-2006 15:35 From: To:4098~2419~000~737325 ~ f.XTlnHT "A" - ---. ... Street Base Docume,nl Tille Premium Ally Title Total Price Location Price ary Stamps at Fees Search Promulgated Rate .119 NE 230,000 1610-00 1125.00 2500 425 235,7(lO lzth Ave _.-- .---.--- - 245,8~O---~ 1301 N 240,000 1680.00 127 5 . 00 2500 425 ! Rallro~td ! A v 4,; f---. -.. 402,740 .. l28 NE 395,000 2765_00 2050.00 2500 425 13th Ave ~. .- -- 1_12 NE 230,000 161000 122500 2<;00 425 235,760 13th Ave 12JNW 725,000 5075_00 370U_00 2500 425 736,700 10th Av\:, 215,520 .--.-, 136 NE 210,000 1470.()() 11L').(10 250n 42:5 lih Ave .-.., 336 NE 240,000 1680.00 1275.00 2500 425 245,f{~0 13th Ave -. .. . ~,31 ~,240 ---I TOTAL hn"'_~ ~_ ----.-.. ...--.. - --.--. --. --- -- --- *The amou.nts 11::;tecJ 8hnvc for Documentary Stamps, Title premiumGj> <lnd litll? S~arches are cst1m;;J.ted amount::; babed on th~ ~,1oe Pr lee listed for- each St;reE?t I,orl'ltinn. WP8"?7272I1:! ENVIRONMENTAL SERVICES. INC. 101 NORTH 4TH STREET SUITE 121 FT. PIERCE, FLORIDA 34950 772-46&-04S1 . FAX 772-46&-04S2 www.eSlnc.cc 13 September 2006 Vivian Brooks CRA Planning Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 RE: Boynton Beach Community Redevelopment Agency Regulatory Monitoring of Mangrove Mitigation Area Request for Proposal Palm Beach County, Florida The Boynton Beach Community Redevelopment Agency (CRA) is seeking requests for proposals for the five year monitoring of a 0.57+/- acre newly created mangrove mitigation area and 0.3+/- acre native upland/wetland buffer located at Jaycee Park at 2600 S. Federal Highway, Boynton Beach, and the mangrove area adjacent to the Boynton Beach Promenade at Boynton Beach Boulevard and N. Federal Highway in the City of Boynton Beach. Environmental Services Inc. (ESI) shall perform the following services for the CRA on a yearly basis over a five year term. The proposal includes all materials and equipment necessary for monitoring and required regulatory reporting of the Jaycee Park mangrove mitigation area and the Boynton Beach Promenade area (wetland and upland/wetland buffer) per SFWMD Permit 50-04166-P and USACOE Permit SAJ-2004- 1205 (IP-JBH) and revised Monitoring Schedule. Scope of Work to be Performed: Task 1. Baseline Monitoring $750 ESI will provide baseline monitoring and required regulatory reporting of the Jaycee Park mangrove mitigation area and the Boynton Beach Promenade area. Task 2. Subsequent Monitoring ESI will provide five annual monitoring and required regulatory reporting of the Jaycee Park mangrove mitigation area and the Boynton Beach Promenade area. $3,750 Task 3. eRA Monthly Monitoring ESI will provide monthly reports to the CRA documenting maintenance and monitoring activities. $30,000 ENVIRONMENTAL SERVICES, INC. ~ Patrick Griffin Senior Scientist JACKSONVILLE. ST. AUGUSTINE. COCOA. JUPITER. DESTIN . SAVANNAH. ATLANTA. RALEIGH. CHARLOTTE. ASHEVILLE .....~ = ~ ~ Q,) N l('l Qt:I .s e~=-- 'o:t' ~.... Q,) 'o:t' = /"IjOO..~ I Q,) .... Qt:I ~-S =., ~ .E :: 00 S ;t Q,) 1:: or t"- OO Q ~ t"- e;z t .. "... =s ..... a~ = Q ... '> = ~ N (j') ...... ...... ...... ~tn ~tn = 1 M .... 00 :> Q) !:S N W (') <{ 0. LO LO N ::2: 0:: o l.L o 0:: <{ o z ~ U) ....: ~ >. CC .Q~ 16 .-- >-.g Oi 0._ .J:J ai'EE ClQ)::J ~ <t::QZ z .8 .... Q) .J:J E ::J Z ~ >; o Cl .s::. 0 g. '0 Q5 ~ I- . ~.. t -t)OCl () ~rotlll 0 .- 'E z C.... 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C 2[U tD~ >- ~ :.0 ~ .m > CIl :t:: CIl U5 ui Q) .~ a:i :Q :J 01 C o 'P CIl - :Q o III Q) .1:: - .... Q) 0.. III Q) III 1Il Q) C .w :J .0 "0 Q) 01 CIl - C CIl > "0 CIl .~ "0 "0 C CIl >- - "C o C E Q) III :J .8 - C Q) E :!: E E o l) III 1:5 ~ - o - C Q) E Q) m - III CIl .~ 01 C .0 01 Q) .... o - Q) .1:: r- ..- ..- N ~ ..... ..... >- Cl o o U w :> Q) e; N W C9 <( a.. LO LO N ~ e::: o LL Cl e::: <( Cl Z ~ (f) Qi Cl ro C ro :;:E C o -iij .S> 6 o .... Q) z .J -c Iii C o \.~ d. Q) ;:; j:: 'lJ c: III CI) E III Z 'lJ CI) I- en , N '~ Owner: Location: Contact: Phone: Address: Cost: jJ(p Tuscany on the Intracoastal Wetland Delineation, Wetland Permitting and Wetland Mitigation Altman Development Corporation Palm Beach County, FL Mr. John Goodfellow (561) 997-8661 2201 Corporate Boulevard NW Suite 200 Boca Raton, Florida 33431 $30,000 (on-going) This project is located in southern Palm Beach County, adjacent to the Intracoastal Waterway south of Woolbright Road in Boynton Beach, Florida_ The project comprises a multi-family residential development and associated facilities on approximately 20 acres. Incorporation of a high quality mangrove wetland area was key to the project's success. ESI worked closely with the project team to develop a site plan that met the needs of the community, while minimizing impacts to wetlands. Both South Florida Water Management District (SFWMD) and U.S. Army Corps of Engineers (COE) permits were issued for minor impacts to the wetlands and for the preservation/restoration of mangrove wetlands. A small portion of the wetland area was highly disturbed and was restored through scrapedown of excess fill and through planting of native wetland plant species. The 3-acre mangrove preservation area provides important habitat for many species of plants and wildlife, and was designed to provide passive recreational opportunities for residents of the development. ESI assisted in the design of a boardwalk and interpretative signage to educate residents about mangrove wetlands. The overall project was completed in 2001. Wetland monitoring services will continue until 2007. II~I~ ,"ti . '{;:i).1 - ~."_~j-~ ENVIRONMENTAL S E R V ICE S, I N C. Owner: Location: Contact: Phone: Address: Cost: I f/ /1 9' Anclote Key Lighthouse Restoration Wetland Design and Construction of Permitted Wetlands Florida Department of Environmental Protection, Division of Recreation and Parks Pinellas County, FL Don Gerteisen 850-488-5372 Florida Department of Environmental Protection Division of Recreation and Parks Bureau of Design and Recreation Services Maclay State Gardens 3540 Thomasville Road Tallahassee, FL 32399-3000 $18,000 This project is located on Anclote Key, a barrier island off the central Gulf coast of Florida within the Anclote Key State Preserve, Pinellas County, Florida. The project consists of the restoration of the historic lighthouse, associated compound, and the Caretaker's Residence. Due to the isolated nature of the project site, impacts to wetlands and tidal areas were key issues to successfully completing the project. ESI provided an environmental assessment of the project area prior to design in order to identify existing natural resources, then delineated such features and worked with the Architect and Contractor to plan construction access to limit impacts to environmentally sensitive areas. Through the design process ESI minimized access impacts, and obtained regulatory approvals from the South Florida Water Management District and the US Army Corps of Engineers. As part of the mitigation for the project, ESI was responsible for designing and installing estuarine plantings to restore the mangrove fringe and high salt marsh impacted by previous activities on the island. The mangrove plantings are complemented by a boardwalk crossing of a tidal area, providing habitat and forage for both fish and wildlife, as well as a scenic area for pedestrians. Plantings include approximately 500 mangrove trees and 600 herbaceous salt marsh species, mimicking the natural vegetation selection found on the island. The restored wetlands include a nesting pair of Osprey (Pandion haliaetus), a state listed species of special concern. ESI worked on a project team that included Kenneth Smith Architects Inc. as lead designer, and International Chimney Corporation as contractor. The overall project, completed in the Winter of 2003 provided a complete restoration of a historic lighthouse compound, offering natural buffer of tidal mangrove and high salt marsh wetlands. The area is a Florida State Park and is utilized by boaters on a regular basis. ENVIRONMENTAL S E R V ICE S, I N C. . .....~= ~ ~ a.lNlI'l QC ~ ~~=" ~ :~ rIi~ ~~ ~ ~ a.l .... QC ~ .~ ~ ::I t..:l ~ ~ >~I.f.l~ ,. as .c ~ N I.f.l 1: ~ ~ - = .. .a z .~ ==~ =-- a.l = ..: e ~ ~ == = .. .... > == r-:l ~~ ill) 1 M ..... 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SCHEDULE OF RATES/JOB CLASSIFICATION POSITION RATE POSITION RATE Technical Administrative Technician I $18-45/Hour Receptionist $25-45/Hour Technician II $20-55/Hour Administrative Clerk $20-45/Hour Administrative Assistant $35-55 /Hour Project Scientist I $40-80/Hour Administrative Manager $50-80/Hour Project Scientist II $50-90/Hour Administrative Officer $75-100/Hour Project Scientist III $50-100/Hour HR Specialist $50-100/Hour Senior Scientist I $40-80/Hour Staff Accountant $40-70/Hour Senior Scientist II $60-90/Hour Controller $80-100/Hour Senior Scientist III $65-150/Hour Senior Project Manager $80-150/Hour Geo-e:raphics GIS/CAD Technician $30-70/Hour Assist. Operation/Division Manager $70-150/Hour Senior CAD Technician $50-90/Hour OperationlDivision Manager $90-160/Hour GIS Analyst $50-80/Hour Division Director $150-250/Hour Senior GIS Analyst $50-110/Hour GIS/CAD Manager $60-120/Hour Executive Officer( s) $100-250/Hour Database Analyst $80-120/Hour NOTE: RATES ARE SUBJECT TO CHANGE ON JULY 1,2007. ENVIRONMENTAL SERVICES, INC. EXPENSE SCHEDULE Expense Cbar2e Travel Vehicle Mileage Rate 44.5tlMile Travel Expenses Cost + 15 Percent Copies Photocopy Per page $0.15 Color Copy Per Page $1.50 8 Yz xlI $2.50 11 x 14 $3.00 l1x17 Full Size Copy Per Sheet $1.60 24x36 b/w $3.00 36x48 b/w $35.00 24x36 color $70.00 36x48 color Blueprints or Xerox Per Sheet $2.50 True Color Aerial Photography Per Sheet $50 0- 15 acres $100 15 - 50 acres $200 51 - 100 acres $300 101 - 999 acres $500 1000+ acres Fax Per Page $0.50 Additional Services CADD/GIS Usage Per Hour $30.00 Outside Graphics Cost + 15 Percent Global Positioning System Per Day $250.00 All Subcontracted Services Cost + 15 Percent Local Courier Service Per Delivery $13.00 NOTE: RATES ARE SUBJECT TO CHANGE ON JULY 1,2007. CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify the firm of Environmental Services. Inc. responding to this RFP maintains a drug-free workplace program, and that the following conditions are met: (1) We publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying that actions will be taken against employees for violations of such programs. (2) We inform employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) We give each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), we notify the employee that, as a condition of working in the commodities or contractual services covered under this RFP, they will abide by the terms of the statement; and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) We impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted. (6) We make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. - . silt' Authorized Signature~MJ ' .~ :fl.v.....- Name & Title (typed) Leonard L. Nero, Division ManaQer \ Date t 35~" 1. 6Go , 6 I o (!) E l!) N lI)>-N ~<(('l') ~sii <ll....! - m<(W __....J iYO....! cZS; <ll<(z EzO cLL(/.) e ~ >~O CN<( Wr--. L en c::: ~ t:l Z; - o Z; ~ :;2 Z ggO) <: ~ ~~ Q ~ "" "? i:2 t;, ::l ~ oWen Oc:::-d'C\I ...:l c.. 0: en ~ >,-1 t;, i::. CD u.. OOi::- @..!2al ~ roll> Eo< UK; <: ..., r-...c E-+Oo.!>l cn~t!3~ "I ~ .~ t. ',- ( ~ ~ ~ ~ .~ . ~ ~~ .~ .- :-: ~ ~ " .\: ,~ ~ ~~ ~. \-:l") ~~ t'~ ~ ~ "- ~J ill a: ill r. G ~ o -;\ ~ .~ ~~ ::- \:. ~ "- \..~ ~ ~ ~ '-~ ~ ~ " S; ~ ~ ~ ~ ~ ~ .1.- ,~ ..~ ~ ~ ~ ~ \ ~ ~ ~ ~ ...... o , m cnw cnu. N l COCO NN ti::z we ~j:: ::J< zQ; za.. e~ i= < N Ci e ::J: l- ::J <t u. e w I- < ~ u. j:: ~ w () 3 >- lD Cl W a: 5 @ II: en <( :5 0- en is ("l) -.:::t to M o o I .... o III o d z l- e =:) <( ~__n Kimley-Horn ~ U and Associates, Inc. September 14, 2006 . 4431 Embarcadero Drive West Palm Beach, Florida 33407-3258 TEL 561 845 0665 FAX 561 863 8175 Ms. Vivian L. Brooks CRA Planning Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, Florida 33435 Re: Regulatory Monitoring of Mangrove Mitigation Area Dear Ms. Brooks: Finish What You Start. It may seem like an old- fashioned concept, but it's one that means a great deal to the professionals at Kimley-Hom and Associates, Ine. When the Boynton Beach CRA selected our firm as part of the design/build team for the Boynton Beach Boulevard Extension and Promenade, we committed to helping the CRA create a community destination the City would be proud of. We worked side by side with your staff and were proud when the ribbon was cut on this exciting project in April. This sensitive environmental area still requires the attention of a team knowledgeable of the regulatory issues and is familiar with the area and its recent history. With this in mind, we would be pleased to have the opportunity to continue the environmental work we began at the Promenade and nearby Jaycee Park. Boynton Beach Bou/et'ard Extension ami PrOlnenaJe ribbon cutting, Af'ri/2006. A Consistent Partner with You. Since our selection by the CRA in 2003, Kimley-Hom's engineers, planners, and environmental scientists have helped you shape your vision and meet the challenges of a successful $13 million redevelopment project. Over these three years we have developed relationships with your staff and your partners as well as called on our relationships with regulatory agencies for the permitting needed to develop and maintain this site. These relationships helped us to quickly resolve the required planting discrepancies at both Jaycee Park and Boynton Beach Promenade and to convince the U.S. Army Corps of Engineers (USACE) and South Florida Water Management District (SFWMD) to accept the mitigation area planting as it currently exists. Our History with the Project Sites. As described above, Kimley-Hom has been involved in permitting the expansion of Boynton Beach Boulevard and the Promenade, as well as providing environmental services Jaycee H.rk mangrot." mitigation area. for the related impacts to natural resources associated with the project and the creation of tidal wetland mitigation area. As the environmental scientists for the=project, we obtained the required regulatory approvals for the multi-phased community ~__n Kimley-Horn ~ U and Associates, Inc. Ms_ Vivian L. Brooks, September 14, 2006, Page 2 redevelopment project by coordinating with the SFWMD and USACE regarding wetland delineation and endangered and threatened species, seagrass surveys, WRAP analysis, and mitigation requirements. Requirements set forth in the SFWMD Standard General Permit No. SD-04166-P and USACE Permit No. SAJ-2004-120S require that the permittee conduct monitoring and maintenance of the mitigation area located at the Boynton Beach Promenade and Jaycee Park. Kimley-Horn has been involved with information leading to the creation of the mitigation area and the monitoring requirements throughout the project history. Kimley-Horn's environmental staff has documented and obtained enough information on the project to complete the phase zero monitoring report and to keep in compliance with the current monitoring schedule. The project has had its share of difficulties induding numerous agency reviewers and the 2004 hurricane season. Kimley-Horn has the skill and knowledge of the project to make sure the monitoring and maintenance continue as agreed upon with agency staff. The 2004 hurricane season resulted in disturbing the mitigation site at Jaycee Park and thus the planting requirements in the permit are not currently consistent with the permit requirements. Kimley-Horn has coordinated with SFWMD and USACE and has discussed this situation with them. Kimley-Horn has the knowledge and skills to allow the mitigation area to remain as is and to continue monitoring as proposed. Experience with Similar Projects. Kimley-Horn has an impressive record of providing monitoring services for environmentally sensitive areas throughout Florida induding Seasons Community and several Wal-Mart sites throughout Florida, induding Stuart, Lake Park, and Melbourne. Dedicated Project Manager and Team. I will serve as your project manager and point of contact for our efforts on these projects. Assisting me with the monitoring services will be a select group of environmental professionals who are familiar with the background of this project. Within our submittal you will find our anticipated fee schedule and outline of the services we will provide. Our Commitment. As we have shown you in the past, our team is dedicated to meeting your needs and is ready to resume work immediately. I look forward to continuing our successful relationship with the CRA. NY310008,06\Mangrove_BoyntonCRA,qxp ~ Regulatory Monitoring of MANGROVE.. .ITIGATION .. }.,;li(E]lC. Firm Information Florida Office Locations ~=n ~.. K imley-Hom and Associates, Inc. is a multi- disciplinary engineering, planning, and environmental consulting firm with 58 offices in 14 states with 20 offices in Florida. Our West Palm Beach office serves as regional headquarters for Florida and is the firm's largest office. NY310008.06\Mangrove_BoyntonCRAqxp History of Firm Founded in 1967, Kimley-Hom is well known for its expertise in transportation planning and traffic engineering. In the early 1970s, the firm built an impressive track record in regional and urban area transportation planning, traffic impact analysis, parking planning and design, traffic control system design, and statewide and local traffic operations and safety studies. During this period, Kimley-Hom also added practices in structural, highway, and bridge design, as well as airport planning and design. Wnl Palm Beach Fort Lauderdale laml Beach adeland Further diversification of Kimley-Hom's services and geographic practice followed over the years through key acquisitions and mergers, as well as the hiring and development of our own practice builders. Kimley-Hom's growth is reflected in its steady rise on the Engineering News-Record's list of top 500 design firms in the nation. The firm first appeared on the list in 1981, when it ranked 421st. In 2006, Kimley-Hom ranked 11th among "pure design firms." In 2004, Civil Engineering News ranked Kimley-Hom as the No. 1 civil engineering firm to work for. In 2005, Fortune Magazine listed Kimley-Hom as the only consulting engineering firm to be named in the magazine's 2005 "100 Best Companies to Work For." This growth has been accompanied by a steadfast commitment to providing responsive client service, pursuing continuous quality improvement, and operating as a business-based practice. Today, Kimley-Horn has more than 2,300 employees across the United States. We offer a full range of consulting services to national and international clients. Our comprehensive environmental consulting services include: . Monitoring . Air quality assessments . Groundwater protection . Storage tank management . Hazardous waste investigations/remediation . Environmental audits . Environmental compliance . Natural resource investigations . Stormwater management . NEPA documentation . Geographic information system design . Wastewater treatment and evaluation . Water treatment and evaluation. 11II""1-_" Kimley.Horn ~ U and Associates, Inc. NY310008,06\Mangrove_BoynlonCRAqxp Regulatory Monitoring of MANGROVE, MITIGATION ...... ~ ::~ .._i~~IC. The principals, associates, and technical directors at Kimley-Hom have formed successful and long-lasting professional relationships because we believe in progressive management practices as well as technical excellence. Each individual plays a role in maintaining the policies and practices that have helped us build a competent experienced professional staff, a strong project management system, and a close professional rapport with our clients. What sets our firm apart is an unsurpassed base of talent and resources as well as an excellent reputation with public and private clients alike. Project Manager System While we remain responsive to our clients' changing needs by drawing upon a diverse professional staff, we also provide management continuity through the assignment of a project manager. The project manager is responsible for all work production, scheduling, budget adherence, project reviews, and client contact. As our client liaison, the project manager maintains a broad overview of ongoing projects and from that perspective, is best able to direct staff project assignments. Quality Control Quality control is assured through a carefully designed system of cross checks and independent reviews. The project manager reviews and controls performance throughout the project development cycle. Senior principals of the firm, in their role as quality assurance managers, provide the high level review and technical guidance necessary to meet our standards and those of our clients for all projects regardless of size. Personnel Kimley-Hom has a long history of achieving timely project completions within budget through a combination of effective project management and technical expertise. We understand that the commitment of experienced personnel is the key to the successful completion of any project. For each project that the firm undertakes, we assemble a multidisciplinary team of civil and environmental engineers and scientists to satisfy your specific needs. 2 ~-_n Kimley-Horn ~ U and Associates, Inc. Regulatory Monitoring of MANGROVE MITIGATION .. '~i~' ~~XE]~RA, Professional Team Members W e know that clients are most interested in the quality and performance of the people with whom they will work, not just the experience record or reputation of the firm. We have therefore assembled a project team with the most relevant and hands-on experience with your project. Below we introduce you to the key members selected to serve you. We know that your consultants need to be ready to "roll up their sleeves" and actively participate with Boynton Beach to make your improvement program successful. Our key people have that practical experience and are ready to demonstrate their commitment to this contract. Thaddeus (Ted) J. Kendziora Role: Project Manager - Point of contact for the eRAfor all matters related to this project Professional Credentials Bachelor of Science, Wildlife and Fisheries Biology, West Virginia University Currently attending Nova Southeastern University, Master of Science, Coastal Zone Management and Marine Environmental Science Professional Organizations The Wildlife Society Florida Association of Environmental Professionals Marine Industries Association Ted Kendziora has served as the environmental scientist for the Boynton Beach Boulevard Extension and Promenade project and Jaycee Park sites. He provided guidance to the contractor and the CRA to keep the project in compliance with the regulatory approvals. He has provided regulatory coordination included SFWMD and USACE regarding mitigation requirements, wetland monitoring, and maintenance requirements. Ted has conducted numerous biological inspections of coastal wetlands and in-water biological inspections of tidal waters. He is experienced in locating and identifying sea turtle nests, and relocating sea turtle eggs throughout South Florida. Additionally, he is experienced in wildlife trapping, tagging, data collection, and relocation. Craig E. Browning, C.E Role: Quality Control - Key reviewer for all documents and reports associated with this monitoring project Professional Credentials Bachelor of Science, Aquaculture Fisheries and Wildlife Biology, Clemson University NY310008.06\Mangrove_BoyntonCRAqxp 3 ~-n Kimley-Hom III.....I_U and Associates, Inc. Regulatory Monitoring of MANGROVE. MITIGATION ~ ~f~ I~~~E]~BA,J Master of Science, Soil and Water Science, University of Florida Certified Ecologist, Ecological Society of America Hazardous Materials Health and Safety Certification, Occupational Safety and Health Administration PADI Dive Master Professional Organizations Ecological Society of America Craig Browning provided environmental services for the extension of Boynton Beach Boulevard and Promenade. As the environmental scientist for the project, he obtained the required regulatory approvals for the multi-phased community redevelopment project. Additionally, Craig provided regulatory coordination between the South Florida Water Management District and u.s. Army Corps of Engineers regarding wetland delineation and endangered and threatened species, seagrass surveys, WRAP analysis and mitigation requirements. He has conducted various environmental studies and coordinating environmental permits with USACE, the United States Fish and Wildlife Service, water management districts, the Florida Fish and Wildlife Conservation Commission, and FDEP. Craig has performed more than 100 wetland jurisdictional determinations for projects throughout Florida. He assisted in more than 70 projects that involved endangered and threatened species coordination and/ or surveys for numerous species including gopher tortoise and commensurate species, eastern indigo snake, "southern" bald eagle, red-cockaded woodpecker, Florida scrub jay, and Johnson's seagrass. Danna L. Small, Senior Scientist Role: Senior Scientist - Senior advisor for our team regarding regulatory issues Professional Credentials Bachelor of Science, Marine Biology, University of West Florida Professional Organizations Ecological Society of America Danna Small has more than 10 years of environmental experience including wetland delineation and assessments, wetland mitigation design and monitoring, permitting, regulatory issues, and sampling in southeast Florida. Many of her projects have included environmental issues in and around marina sites. She has extensive experience in all aspects of environmental resource permitting at the state level, and coordination with the commenting agencies. Danna is experienced with wetland assessments and application of the Unified Mitigation Assessment Methodology (UMAM) as well as with the administrative hearing process and testifying in cases involving the Submerged Lands and Environmental Resources Program. NY310008.06\Mangrove_BoyntonCRA.qxp 4 ~__.... Kimley-Hom 11III.....I U and Associates, Inc. Regulatory Monitoring of MANGROYMTIGATION .~ Carrie Kelly Role: Analyst - Assistant to project manager for all day-to-day activities Professional Credentials Bachelor of Science in Environmental Science/Biology, Edinboro University of Pennsylvania SCUBA Certification Florida Lake and Wetland Vegetation Training American Safety and Health Institute Adult CPR, First Aid, and Bloodborne Pathogens Training RCRA/OSHA Hazardous Waste Training Carrie Kelly recently joined Kimley-Horn after serving the Florida Department of Environmental Protection - Southeast District as an environmental specialist. In this role Carrie developed, coordinated, and completed environmental monitoring plans needed to evaluate water quality as well as assisted in preparation of scientific writing used in providing information to other agencies and/ or for publication in scientific journals. Brady J. Walker Role: Analyst - Conduct monitoring activities Professional Credentials Bachelor of Science, Biology, Denison University Professional Organizations Society of Wetland Scientists Brady Walker has aided in the preparation of the environmental assessment and contamination reports for Kimley-Horn's environmental team. He has worked on environmental assessments for several large PD&E studies in Florida induding Florida's Turnpike from Boynton to Lake Worth, Florida's Turnpike from Lake Worth to Jupiter in Palm Beach County, and Lennard Road in St. Lucie County. Brady has also completed baseline monitoring transects at several mitigation areas in south Florida and completed the corresponding yearly monitoring reports. NY310008.06\Mangrove_BoyntonCRA,qxp 5 ~-_n Kimley-Hom IIIII.....J U and Associates, Inc. Regulatory Monitoring of MANGROV-="t AJITIGATION .. ?F ;1I~~~......gA. .' ,"':":::" ...."'...:.:.'.:. Firm Qualifications KimleY-Horn's experienced team of senior project managers, environmental scientists (including biologists, marine biologists, botanists, ecologists, geologists, and wildlife biologists, and hydrogeologists), resource engineers, planners, and field technicians provide expertise in a wide range of environmental planning and problem-solving services, such as permitting, corridor location studies, environmental impact documentation, and environmental analyses. Our staff routinely interacts with federal, state, and local government agencies. We are familiar with current environmental regulations, and remain well informed of proposed changes affecting environmental permitting and regulations. Kimley-Horn has expertise in all phases of coastal ecological evaluation. Environmental scientists with experience in coastal ecology, marine biology, wetland evaluation, erosion control, and revegetation are all available on staff. The firm maintains an extensive array of field equipment for projects requiring onsite sampling and monitoring. A computer system and related software for hydraulic modeling and erosion control estimations are available in-house. Kimley-Horn has been involved in numerous coastal engineering projects that required a significant amount of environmental assessment and mitigation design. Some of the firm's environmental specialties, work experience, and accomplishments are listed below to allow you to see some of the diversity that our staff is capable of dealing with on a regular basis. Monitoring Kimley-Horn takes the approach in monitoring of capturing ecosystem health and ecosystem trajectory information through both static and holistic measures. We seek to capture data that indicate the first clues of changes in ecosystem stability, health, and change indicators. Sampling points are established along transects to capture "point" information as to species composition, species' health, and species' vigor. Measures of hydrology, such as groundwater depth, surface, signs from impact events such as overland flooding are identified and recorded. Additionally measures are taken as to indicate potential influences as to the ecological trajectory of the system, such as are hydrologic conditions, plant vigor, flowering health, vegetative reproduction, fruiting, and other indicators. These across-the-system indicators showing a trajectory towards the established success criteria to be achieved. Evaluations include not just traditional measures of plant species counts, but also evaluation of species health, as to identify potential stressors such as insect infestations or hydrologic shifts. The individual measures are evaluated in a system context to develop information about the health, vigor, stressors on the ecosystem(s) and ecological trajectories within the area being monitored. This information then allows determinations to be made as to potential management actions necessary to meet the established success criteria, for example, implementing management actions to remove nuisance or exotic vegetation. Information assessment can also include re-evaluating the established success criteria in direct consideration of the potential that ecosystems' self-organization is bring greater enhancement opportunity or results than anticipated. NY310008.06\Mangrove_BoyntonCRA.qxp 6 1II""'l-_" Kimley-Hom IIIIl.....I U and Associates, Inc. Regulatory Monitoring of MANGROVE MITIGATION ~ 3'~- m~IC By looking both small and large scale during each monitoring event and comparing these through time, Kimley-Horn can establish an understanding of what is influencing the system. How is the system progressing and towards what ecological end. Most importantly it allows an understanding of when best to implement any further management actions as to achieve the established success criteria. Kimley-Horn staff has been involved in monitoring coastal and inland ecosystems, monitoring preservation, enhancement and creation activities. Scales of efforts have been over a few acres to hundreds of acres, to square kilometers. Coastal system have included going from marsh to mangrove, in highly urbanized and less affected areas. Projects have been from Key West to Jacksonville, as well as around the world. Biological Assessments/Analyses and Habitat Conservation Plans Federal, state, and local laws govern the management of protected species and habitats. The most comprehensive of these acts is the Federal Endangered Species Act, which provides the U.S. Fish and Wildlife Service with a means of evaluating, listing, and protecting species of concern. Most states, and certain local governments, also have protected species regulations that outline specific measures to use in evaluating areas for the potential occurrence of protected species. Biological assessments are primarily conducted to evaluate the area's value as wildlife habitat and to characterize the flora and fauna. These assessments are prepared in response to an agency's concern over a specific protected species, although they can also be required for an area that may contain specific habitat types. Habitat conservation plans are developed when an incidental taking permit for a federally-listed species is required. These plans outline specific measures to minimize and mitigate takings, discuss alternatives to the action and why they are not being used, and ensure that the taking will not reduce the likelihood of continued survival of the species. Wetland Delineation and Mitigation Wetlands are regulated under a complex system of federal, state, and local regulations. Federal regulation for the discharging of fill into waters of the United States (which includes wetlands) is managed by the U.S. Army Corps of Engineers (USACE) primarily under Section 404 of the Clean Water Act. Most states and many local governments also have wetland regulations, and in many cases, these regulations are significantly different than those of the federal government. Federal permitting regulations require that wetlands be delineated based on USACE's approved three-parameter methodology. This method requires the determination of the presence of a majority of hydrophytic vegetation, the presence of hydric soils or hydric soil indicators, and demonstrative hydrology. Additionally, coordination with other agencies such as the U.S. Fish and Wildlife Service and the State Preservation Historic Office can be required in areas where the potential exists for protected species, historic structures, or archaeologic sites. State and local regulations may require additional delineation procedures and requirements. NY310008.06\Mangrove_BoyntonCRAqxp 7 JIII""l-_" Kimley-Horn IIIIl.....I U and ~ates, Inc. NY310008.06\Mangrove_BoynlonCRA_qxp Regulatory Monitoring of MANGROVE MITIGATION .... ~ "''f,,: 1I~~~IC :.,.!!ii!!~ Permitting Wetland Permitting Kimley-Horn has prepared Section 404 permit applications for a wide range of transportation and site development projects. We are experienced with both nationwide permits and more complex individual permits. Our staff of environmental scientists has coordinated closely with resource agencies while delineating wetlands, preparing permit applications, and planning mitigation sites. Marine and Coastal Ecosystem Evaluation and Monitoring The Coastal Zone Management Act and the Coastal Barriers Resource Act are two of the federal laws that require specific environmental resource evaluation prior to permit issuance. The majority of coastal states also have coastal protection legislation and regulations dictating specific requirements. Regulations protect the flora and fauna that inhabit beaches and estuarines. In many instances, biological assessments are required for a project to measure potential for involvement of protected species. These assessments can be required offshore of the project to determine the presence and condition of reef or sea grass communities. Many protected species and natural vegetation communities require relocation plans and/ or other forms of mitigation. Beach erosion and dune stabilization are also universal concerns of coastal development. Hydraulic modeling can be used to design revetments, groins, and other structures that can minimize beach erosion. Dune stabilization can be enhanced by mechanical stabilization combined with planting indigenous dune species. Kimley-Horn's abilities and collaborations give us an advantage over other firms because of our diversity of skills. Our firm's skill set allows us not only to monitor projects as required by FDEP and the U5ACE, but to realize possible problems and to recommend solutions so that our client remains in compliance with their permits. 8 ~-_n Klmley-Hom IIIIIl.....I U and Associates, Inc. Regulatory Monitoring of MANCiROV~, _ITIGATION ~ '7:R l1~iC, Relevant Project Experience Seasons Community - Vero Beach, Florida For this lOO-unit single-family residential development in Indian River County, Kimley-Horn was responsible for all environmental permitting, site civil design and permitting, mitigation design, site planning, and construction observation. Mitigation design included enhancement of existing wetlands and wetland and upland creation. The mitigation was designed to create "high marsh" wetlands adjacent to existing mangrove swamp. We recently completed five years of monitoring for this site and have determined that both the created upland buffer and wetland areas have met success criteria. Wal-Mart Stuart - Stuart, Florida This site includes the preservation of an approximately 8.2-acre preserve that includes upland and wetland preservation and wetland creation. We were responsible for mitigation design, permitting, construction observation, and monitoring. We recently completed the first annual monitoring report which includes documenting percent cover, percent survivability and exotic and nuisance species cover within the entire preserve. We are also responsible for the five-year monitoring and all coordination with South Florida Water Management District and the maintenance contractor. Wal-Mart Lake Park - Lake Park, Florida This site includes the creation of approximately 5.64-acre marsh system. We were responsible for mitigation design, permitting, construction observation, and monitoring. We recently completed the baseline monitoring report which includes documenting percent cover, percent survivability and exotic and nuisance species cover. We are also responsible for the five- year monitoring and all coordination with South Florida Water Management District and the maintenance contractor. NY3100oa.06\Mangrove_BoynlonCRAqxp 9 ~-_n Kimley-Hom ~ U and Associates, Inc. Regulatory Monitoring of MANGROVE. MITIGATION ~ ,,=:p:- ....;~E]iCRA, Wal-Mart - Oldsmar, FL - Oldsmar, Florida For this National Arbor Day - Building with Trees Award of Excellence winning project, Kimley- Horn developed a mitigation plan that involved relocating an entire 4.9-acre ecosystem, including 1,400 trees (cypress and blackgum), understory and herbaceous vegetation, and soil material. In addition, the mitigation plan included wetland enhancement and upland creation. The project is unique in that it involved the design and implementation of "tree-spade" methodology for wetland creation. Based on discussions with the staff of Southwest Florida Water Management District, though tree spade methodology had been used in the past, it had not been implemented on as large a scale as this project. Kimley-Horn was responsible for all wetland delineation, environmental permitting, wetland mitigation design, and mitigation construction observation, administration and monitoring. We have been monitoring this site for the last four years and have been responsible for coordination with the maintenance contractor and client for corrective actions and maintenance. We have recently requested release of the site a year early. Wal-Mart - Bradenton - Bradenton, Florida Kimley-Horn was responsible for wetland delineation, environmental permitting, wetland mitigation design, mitigation construction observation, mitigation construction administration, and wetland baseline monitoring for this project. Kimley Horn was recently asked to take over the monitoring responsibilities for this project because of issues relating with previous monitoring. One of the key elements in obtaining development approvals for this project was the development of a unique mitigation plan that could be approved by Southwest Florida Water Management District and Manatee County. The mitigation design included the preservation of over 2.0 acres of existing forested upland habitats, preservation and enhancement of 0.21 acres of existing wetland habitats, creation of 0.56 acres of forested wetland habitats, and creation/preservation of 0.21 acres of wetland buffers. We conducted extensive construction observation throughout the project and provided guidance for the removal of exotic and nuisance vegetation; construction and location of the water conveyance swale through the wetland mitigation area; and the relocation of over 100 existing trees to the mitigation area. Additionally, over 500 trees were preserved on-site. This required careful monitoring of the tree protection fencing and the erosion control measures to ensure impacts did not occur within the preservation areas. NY310008.06\Mangrove_BoyntonCRA.qxp 10 11I"1-_" Kirnley-Hom ~ U and Associates, Inc. NY310008.06\Mangrove_BoyntonCRA.qxp Regulatory Monitoring of MANGROVE MITIGATION ~ ~ )f~ ..~rl~~IC.... Wal-Mart - Melbourne - Melbourne, Florida Kimley-Hom was responsible for wetland delineation, environmental permitting, wetland mitigation design, wetland construction observation, mitigation monitoring and endangered species surveys for this project. The mitigation plan developed for this project involved 16 acres of off-site wetland preservation through donation of funds to a St. Johns River Water Management District-sponsored mitigation project, on-site wetland preservation and enhancement of 1.51 acres of forested and herbaceous wetland habitats, and creation of 0.20 acres of forested wetland. We are currently responsible for the wetland monitoring of this site. 11 ~__... Kimley-Hom ~ U and Associates, Inc. NY310008,06\Mangrove_BoyntonCRA.qxp Regulatory Monitoring of MANGROVE. MITIGATION ~ ./" ~ . 3';<: .;.;;:lIit.~IC: ' Price Quote Project Understanding The South Florida Water Management District (SFWMD) Standard General Permit No. 50- 04166-P and United States Army Corp of Engineers (USACE) Permit No. SAJ-2004-1205 requires that the permittee conduct monitoring and maintenance of the mitigation area located at the Boynton Beach Promenade and Jaycee Park. Each area will be monitored as agreed upon in the schedule attached to the above referenced permits. The maintenance of the mitigation areas is the responsibility of the applicant and is not part of this scope. Scope of Services Task 1.0 - Monitoring Setup and Time Zero Report Kimley-Horn staff will setup the required transects for each of the mitigation areas in accordance with Exhibit 3.0e and Exhibit 3.0g of the above referenced permits. Kimley-Horn staff will prepare a time zero monitoring report as required by the SFWMD and the USACE. The report will provide documentation and representative photographs of the post construction conditions and include the following information: . Vegetative species observed and percent cover; . Water level measurements (staff gauge required per permits); . Qualitative assessments of plant health; . Presence of invasive/exotic vegetation, and; . Wildlife utilization. Kimley-Horn will conduct one site visit to setup the monitoring areas and collect the appropriate information to complete a time zero monitoring report. Kimley-Horn will submit the time zero monitoring report to the USACE South Permits Branch in Palm Beach Gardens and the USACE Enforcement Section in Jacksonville, as well as the SFWMD Environmental Resource Compliance Division in West Palm Beach. After completion of the Monitoring Setup and Tune Zero Report, Kimley-Horn staff will , conduct semi-annual site visits (two site visits per year; one in the spring and one in the fall) as required by the above-referenced permits. An annual monitoring report will be prepared in accordance to the above-referenced permits, and it will be submitted in the fall of each year for the next five years. Reports will be submitted to the same agency departments listed above. Recommendations for maintenance compliance, if necessary, will be submitted to the client for review. If success criteria (an 85% cover of desirable wetland species within the wetland creation areas and 85% cover of desirable transitional/upland plant species in the buffer) is not met for the mitigation areas after five years, additional monitoring may be required at the discretion of SFWMD and USACE. Additional monitoring after five years would be considered an additional service. After monitoring is complete, Kimley-Horn will conduct 12 .......-J _ n Kimley-Hom IIII....J_U and Associates, Inc. NY310008,06\Mangrove_BoyntonCRA.qxp Regulatory Monitoring of MAN6~TI6ATION one on-site meeting with the SFWMD and USACE to confirm that the monitoring requirements have been satisfied. Additional Services Kimley-Horn can also provide additional services on an hourly basis at the client's discretion, including but not limited to: . Additional coordination with SFWMD and USACE. . Monitoring of the mitigation areas not detailed in this agreement letter. . Per the above-referenced permits, maintenance of the mitigation areas is required in perpetuity. Kimley-Horn can continue to perform annual or bi-annual (every two years) observations and provide recommendations for the upkeep of these areas at the client's discretion. Services Not Included . Mitigation area maintenance Fee and Billing Kimley-Horn will perform the services described in Task 1.0 for a lump sum labor fee of $14,500.00. 13 ~__n Kimley-Horn ~ U and Associates, Inc. ;J';~-f~~:~!~:'~~:"'!~':~';~~/~~!:~\~!~~'? ?f: 0'"'";f !,-cd. .~;i f,,,,";!,,~i~~i' ~{.\"",[i\o, .:::::. ?{:t~ ~: ,iI- .":'?e ~(f~ .',~c. ?(:'" ~,', JiI' .,,;~ Gl)~ -~-J/:::. ji1'~ ~-~(. ~ att~f.,!Ior' t -~'i _-__fr-, lba . . ~'J- ~. .,.-. ,"; ~;' . '~'. - .:~:,:,\, '." . , . - Itpartmtnt of &tatt I certify from the records of this office that KIMLEY-HORN AND ASSOCIATES, INC. is a North Carolina corporation authorized to transact business in the State of Florida, qualified on April 24, 1968. I further certify that said corporation has paid all fees due this office through December 31, 2006, that its most recent annual report/uniform business report was filed on April 21, 2006, and its status is active. The document number of this corporation is 821359. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Fifth day of May, 2006 CR2E022 (01-06) 5~ \1. Ces.J, ~lm28R~ 'mllhh ~l!.cr.eta~ of~hrl2 ej:(. ~(ll5 ......,-,,- .~.(- ~(i)i ~i~ .>:~:- &(:J~ .).,. ~(:j> ;,~:(- "ffi.!" ~l.!~ :!;)(~ /f'o, '/ ~~", .-"" '~'.y~...~ '1.1' ~.!.. 1i .~_l. ',t_d..':t ~,'." ~ ,-'~ ~.<~ "'-~~'-~~'~'~'~~ j'\.11' I""~'i . S/j . l~~'.I{' i"_-I', tl'\.'4"j . ~,- 1,1:0l ;-... ,f i';;', ~atc l~f ]floriba iJ.~Llar0 Llf prt1fl~~~il~tl :j":1l~,iltl'lT5 ~~- -'JIi'" ~ -- Klml~m & A~~C~a~s Inc ~~/o"n , :' iI._~ i-!,: //,..-/~/<'/ I/'F/O/~, ~< ~//'" '/',/'''''' ~1'/ /I~'-""'/ "/"'/',/ /"-"'" ,- .'".' / ,~~/, /..,.. //r.. ,/,-, //,,/O/.. AUDIT NO CERTIFICATE OF AUTHORIZATION NUMBER 696 EXPIRATION 28-FEB-07 OlSPl A"/ AS. qE':.iUIRf:O B'f LAW ST A TE OF' FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF LANDSCAPE ARCHITECTURE SEQ#LO>11020H04 DATE .;,."..:.~t'I'I:'::I"~-~!Cj~NSE -NBR I . LhLO_212005 '050357211 ILCC000219____ The LANDSCAPE ARCHITECT BUSINESS Named below HAS REGISTERED Under the provisions of Chapter 481 FS. Expi.rati:m date: NOV 30. 2007 K IMLEY. HORN A.t'-lD ASSOC lATES INC POBOX 33068 RALEIGH NC 276363068 JEB BUSH GOVERNOR I~:~-'!_f\'y- !~::" R:--:_:~tj:Rr: ,~v ..-~'; SIMONE MARSTILLER SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS Aim PROFESSIONAL REGULATION BOARD :IF PROF SURVEYORS & MAPPERS SEQ#l.Js; 2)C,01 .7''11 .:"'""I:.~III'I:I::I._~__~_~~,~SE NBR :; 2(19/2.005 _Q~ 06 8474 6 LB6915 The SURVEYING & MAPPING BUSINESS Named below IS CERTIFIED Under the provisions of Chapter 472 FS Expirati.on date: FEP 28,2007 K IMLEY HORN & AS'~C' - [!'-Ie 3001 WESTON PKWY ~.~R': N:.. 2'751 2:301 .JE2 BUSH ;''lERNOR ,\' \; ii::.:E DIANE CARR SECRETARY <Xl \D C\ N e CD e l"- e ll:: \D fil e ..:l ..:I =*I: ..:I a H~ w E-iP::: en cIlfCI.: P:::E-i Z ~~ 0 H () E-i filfil ~ Zoo ..:I 0 ::> ~ C!l H fil U) P:::cIl E-i ..:100 ~H ZC!l 00 H..:I s: 000 q; 4( CIlfil ....l filC!l ~ C Ii:. co " 0..:1 0 P:::~ 0 P-<Z W ...J 0 a::: LL QH ::l LL ~~ 00 0 0 w fil Ii:. a:: W 00 Ii:. (f) I- 000 N <( 4( filP::: 0\ ZP-< '<f' >- I- q; en H P::: ....l 00 Ii:. l!l ~ Cl.. ::>0 Z Q) U if) l!l ~co Z \.0 0 Q fil p.o H M Ii:.~ 00 mo \.0 O~ Z 1i'l ,qN 00 r-- 0 fil r-- U fil N E-il!l () r-l Q ~ E-i Z H l!l fil~r-l ~ U fil ..:I C!l HOM H Z ~ Ii:. U E-i CIlHOJH 0 P::: o 00 E-i ~ ::> 00 ~ q< fil P::: 0 I-J 00 P-< o Z fil -.-t ~ fil NHUOJ.. Q r-l 00 ..-t Q) ~ o ::> 00 :> ~ ol!lHOm \.0 ~ "(j co o><~p. Z\.O C!lO ~ p:::o lIlP::: \.0 0 r-l Q) 0 OM 000 o ..:I Q),q..-t lIlM ~~ o 0.0 ~ ~ I III N fil nl ><><:C!l fil C!l"(j~lo-l filOH 1%1> co Q) Q)..-t ..:Il!lfil filO o Q)~"(jp. ~ H I-Jc.!) .........,q ~~ HO~ '110 r-- E-i Z ::> fil ~P-< u 0 <( CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify the firm of Kimley-Horn and Associates, Inc. responding to this RFP maintains a drug-free workplace program, and that the following conditions are met: (1) We publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying that actions will be taken against employees for violations of such programs. (2) We inform employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) We give each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), we notify the employee that, as a condition of working in the commodities or contractual services covered under this RFP, they will abide by the terms of the statement; and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) We impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted. (6) We make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ~ Date~ ~2o{)p Name & Title (type . Inqram, P.E. Principal/Senior Vice President 5 13oynton Beach Community JVlangrove Mitigation Area Maintenance r' I' , ~ r f I BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY MANGROVE MITIGATION AREA MAINTENANCE ~uest for Proposal (RFPl The Boynton Beach Community Redevelopment Agency (CRA) is soliciting proposals for the maintenance of mangrove mitigation areas located at Jaycee Park and the Boynton Beach Promenade in the City of Boynton Beach. Project Description: The Boynton Beach Community Redevelopment Agency, hereinafter known as the "eRA," is seeking requests for proposals for the five-year maintenance of a 0.57.:t, acre newly created mangrove mitigation area and 0.3.:t, acre native upland/wetland buffer located in Jaycee Park at 2600 S. Federal Highway, Boynton Beach, and the mangrove area adjacent to the Boynton Beach Promenade at Boynton Beach Boulevard and N. Federal Highway in Boynton Beach. The PROPOSER will provide a written quote for the work to be performed. Scope of Work to Be Performed: THE PROPOSER shall perform the following services for the CRA on a yearly basis over a five year term. The proposal shall include all materials and equipment necessary for maintenance of the Jaycee Park mangrove mitigation area and the Boynton Beach Promenade area (wetland and uplandlwetland buffer) per SFWMD Permit 50-04166-P and USACOE Permit SAJ-2004-1205 (IP-JBH) (see attached documents for additional detail). 1. Routine Monthly Maintenance Monthly - Five Year Term · Control of exotic and nuisance vegetation maintained below 5% of the total vegetative cover within the mitigation area. Best available technology must be employed for control of these species. · Removal of trash and/or other debris as necessary. · Monthly reports to the CRA on maintenance activities. 2. Additional Maintenance As Required by Client Please provide an hourly rate for work over and above the work listed above. 1 Proposal Criteria: The proposal must include the following: · Name and address of the proposing firm or entity. · A list of the professional team members, historical background information on the principals and a description of their experience with similar projects. · A qualifications statement of the proposing firm or entity, including verifiable examples of experience, photographs, addresses and project information. · A certificate of good standing from the Secretary of State, Division of Corporations. Timeline: August11,2006 August 29, 2006 Sept. 14, 2006 October 10, 2006 Publication of Notice of the RFP Pre-proposal Meeting for Interested Parties at 9:00 am Proposal packages due by 3:00 pm Selection of contractor by CRA Board of Directors Submittal Requirements: Provide twelve bound copies of the Proposal to: Vivian L. Brooks CRA Planning Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 Submittals must be received no later than 3:00 p.m. EST on Thursday, September 14, 2006 at the CRA offices located at 915 S. Federal Highway in Boynton Beach. Faxed submittals will not be permitted. The failure to strictly meet this deadline will result in the submittal being rejected and returned unopened. Any question regarding whether a submittal has been submitted timely shall be resolved by reference to the time kept at the CRA office by the CRA's receptionist or other delegated representative for the receipt of the submittals. A pre-proposal informational meeting will be held on August 29. 2006 at 9:00 am at the CRA Offices, 915 S. Federal Highway in Boynton Beach. The 2 purpose of the meeting will be to answer any outstanding questions regarding the project and attendance is strongly encouraged. Contacts: All correspondence and requests for information regarding the request for proposals, should be directed to: Vivian L. Brooks CRA Planning Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 E-mail brooksvil@cLboynton-beach.fl.us Telephone: (561) 737-3256 Non-Discrimination The selected Proposer, its successors and assigns, agree that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination. Should such discrimination occur, the CRA will provide notice to the Proposer of a breach of this condition and thereafter, Proposer has 15 days to demand arbitration as to the claim of discrimination. The parties will then mutually agree to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration is independent of any other actions being taken by other agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision. If Proposer does not demand arbitration within 15 days. or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate any such Agreement it has entered into with Proposer and pursue any and all other lawful remedies. Protests Any and all decisions by the CRA Board to modify the schedule described herein, requests for additional information, reject insufficient or unclear proposals, formulate an objective point system for review, rate and rank proposals, negotiate agreements, abandon negotiations, approve agreements, etc., shall be at the CRA's sole discretion and no protests whatsoever shall be considered by the CRA Board. Submittal of a reply to this RFP on the part of any and all proposers constitutes acceptance of this policy. Formation of Contract 3 The existence of a contractual relationship between the parties is contingent upon the terms and conditions of the contract being negotiated to the satisfaction of both parties and the execution of said contract by both parties. The winning proposer will be granted a contract for a period five years. The contract documents shall include, but not be limited to, terms and conditions of this RFP, the submitted proposal inclusive of qualifications, the negotiated services as agreed by both parties, and the ordering mechanism. Permits, Taxes and Licenses Proposer shall at its own expense obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to the business to be carried on under the contract. Public Records Florida law provides that records of a public agency shall at all times be open for personal inspection by any person. Section 119.01, ES., The Public Records Law. Information and materials received by the CRA, in connection with a submittal shall be deemed to be public records subject to public inspection. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, ES. If the Proposer believes any of the information contained in its Submittal of Proposals is exempt from the Public Records Law, then the Proposer must in its response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption and the CRA will evaluate the material to determine whether it is exempt from the Public Records Law. Otherwise. the CRA will treat all materials received as public records. Public Entity Crimes "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit Proposals, bids or qualifications (as applicable), in response to a solicitation for said products/services in support of a public entity, and may not submit qualifications, a proposal or bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. n 4 Drug Free Workplace Certification All. Proposers must complete and sign the attached "Drug Free Workplace Certification by Vendor", and submit it with their Proposals. Failure to do so may result in rejection of your proposal. 5 CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify the firm of The Growing Concern Tree & Lan4e~ir1g1fu this RFP maintains a drug-free workplace program, and that the following conditions are met: (1) We publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying that actions will be taken against employees for violations of such programs. (2) We inform employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) We give each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), we notify the employee that, as a condition of working in the commodities or contractual services covered under this RFP, they will abide by the terms of the statement; and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) We impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted. (6) We make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Authorized Signature,~~~ Name & Title (typed) Mark Guthrie/Owner Dare September 14,2006 6 THE GROWING CONCERN INC. Your Complete Environmental Enhancement Company Proposal for Maintenance Of Mangrove Mitigation Are~ City Of Boynton Beach September 14, 2006 The Growing Concern Tree & Landscape Inc., shall perform the following services for the 5 year maintenance of a 0.57+ acre newly created mangrove mitigation area and 0.3+ acre native upland/wetland buffer located in Jaycee Park at 2600 S. Federal Highway, Boynton Beach, and the mangrove area adjacent to the Boynton Beach Promenade at Boynton Beach Boulevard and N. Federal Highway in Boynton Beach. The proposal shall include all materials and equipment necessary for maintenance of the Jaycee Park mangrove mitigation area and the Boynton Beach Promenade area (wetland and upland/wetland buffer) per SFWMD Permit 50-04166-P and USACOE Permit SAJ-2004-120S (IP-JBH) Routine Monthly Maintenance Monthly - Five Year Term · Control of exotic and nuisance vegetation maintained below 501'4. of the total vegetative cover within the mitigation area. Best available technology will be employed for control of these species. · Removal of trash and/or other debris as necessary. · Monthly reports to the CRA on maintenance activities. This will be done for a fee of $1200.00 per maintenance event. Any additional work will be charged on an hourly basis as follows: Supervisor rate per hour $55.00 Laborer rate per hour $40.00 Equipment rate per hour $100.00 Mark Gut~rie'9wner< ~v(~ 4594 Wenhart Road · lake Worth, Florida 33463 . 561-644-2912 THE GROWING CONCERN INC. Your Complete Environmental Enhancement Company FIRM QUALIFICATIONS William "Mark" Guthrie has been in the Agricultural Industry for over 28 years. He has completed numerous large scale projects directly with hands on management. Mitigation and reclamation contracts throughout South Florida. South Florida Water Management, were standard, as he was then management with, Arbor Tree & Landscape. Since he wanted to expand, he was employed by, Forestry Resources in the Vegetation management Division, for 9 plus months. JJ's Landscaping & Excavation for a period of 2 plus years. Learning his way through the installation and creation of mitigation banks. Mark Guthrie has been recently awarded low bidder with a major Lygodium Eradication project with FWC Jones, Hungryland, on the Palm BeachlMartin County line. The 140 acre exotic eradication was a one time program designed to reduce the exotics to 98%, from a density of 30+%. With 2 crews working simultaneously, the project was substantially completed in 2 weeks. Detailed reports were required on a daily basis, chemical use, amount of plants treated in acres, with GP.S. coordinance. Tradewinds project, was a very successful project that incorporated eradication of all #1 exotic plant colonies, with replanting of swales and natural pond areas. This project continued on a bi monthly schedule for over 5 years. The experiences of William "Mark" Guthrie is, and has been over a lifetime of projects proven an asset to any and all projects that he has been involved. There are certifications, such as, he is a licensed Arborist, and he has a license for restricted use pesticides applicator. He also holds a CDL class A License. He owns over 51,000,000.00 worth of land and equipment dedicated to the ArboricuItural industry. He personally overseas his men, their quality and safety on every project. 4594 Wenhart Road · lake Worth, Florida 33463 · 561-644-2912 THE GROWING CONCERN INC. Your Complete Environmental Enhancement Company Thus our customer satisfaction rate is 100%; we as a team will work closely with the project architects and engineers to achieve the maximum results on every contract awarded. William "Mark: Guthrie would appreciate an interview with the governing board to discuss how we can approach as a team and achieve the maximum results, while staying within the budget. Thank You, William Mark Guthrie 4594 Wenhart Road · lake Worth, Florida 33463 · 561-644-2912 THE GROWING CONCERN INC. Your Complete Environmental Enhancement Company List of Eqyjpment Hyundai Track Hoe Excavator Koebelco Escavator Gehl Skid Steer rubber tire loader with tree & bush grapple John Deere 444 front end loader Rayco RG 50 turbo stump grinder Rayco RG 90 turbo stump grinder Freightliner low boy tractor trailer with 40 yard dump box Honda TRX350 with herbicide tank Miscellaneous chain saws 16ft. Herbicide spray boat 18ft. Commercial air boat 4594 Wenhart Road · lake Worth, Florida 33463 · 561-644-2912 Division of Corporations Page I of2 Florida Profit THE GROWING CONCERN TREE & LANDSCAPE, INe. PRINCIPAL ADDRESS 4594 WENHART ROAD LAKE WORTH FL 33463 Changed 08/08/2005 MAILING ADDRESS 4594 WENHART ROAD LAKE WORTH FL 33463 Changed 08/08/2005 Document Number P02000097336 FE. Number 753081730 Date Filed 09/0512002 State FL Status ACTIVE Effective Date NONE ej;!;lstere lj;!;en I Name & Address I I GtrmRIE, WILLIAM M I 4594 WENHART ROAD LAKE WORTH FL 33463 I Address Changed: 0810812005 I R dA t Officer/Director Detail Name & Address GUTHRIE. WILLIAM M 4594 WENHART RD II Title I ID LAKE WORTH FL 33463 Ann IR ua eports I Report Year II Filed Date I I 2004 II 09/1512004 I I 2005 II 08108I2OO5 I I 2006 II 03/17/2006 I http://sunbiz.org/scriptslcordet.exe?al =DETFIL&n 1 =P02000097336&n2=NAMFWD&n3... 9/13/2006 Division of Corporations Page 2 of2 Previous Filing [ Return to List No Events No Name History Information I Next Filing I Document Images Listed below are the images available for this filing. 03/17/2006 - ANN REPIUNIFORM BUS REj> 08/08/200$_- ANNU_AL REPORl OWI5/2QQ!=- ANN REPIUNIFORMBUSJ~EP Q.~&i..a.oo3=- A~ REP/UJIlIFO&MB!.JSKEP 09/0512002 - Domestic Profit THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://sunbiz.org/scriptslcordet.exe?al=DETFIL&n I =P02000097336&n2=NAMFWD&n3... 9/13/2006 -' ; .;.._~ " . I " ., ',: ,~- . Florida lA.-partIi1a1t of Agriculturo and ~.~ '. . ::~ . ".. - .., .. "', ~,.~...:\, "~~' .~; _1.J!;mIre~~ ". '.. .' . - .. IAI A#,.R.-ow.Crop ,58 . ~ Paint IAl Ag';Dee Crop 6 Right of Way . . ., ' ~ . 18 Ag ~ 7A, WoOd neatuiaat IC PrivafeApplicatorAg 78 Ch1orintl,Qas.~ ~ ':~ ID Soillft1d Greenhouse Fthn 7C- Se~ Root Control .- '~ IE R.aw Ag c:oipmodity Fum 9 ~~ Post~l 'i~ . 2 Forestr)' - 10' ~1lIi ~ RCseatcll1 3 ,. Orname:dtal aild ~ II Aerial App1iC8lion .~ '- , ) 4 ' Seed TreatrnmIt 20 Regulatory Iusp': alliSpniP,~, 5A -Ai:pJaticPcStControl _ -21 ,Natural~W~~intt"': ,J. . -: .~. . ,f \ .. :.... "t"; '. , .;: ~ .....:...L' THE GROWING CONCERN INC. Your Complete Environmental Enhancement Company Brief Synopsis Of Wiles Roadl 39th Avenuel Cocomar Canal Extension The Growing Concern Tree & Landscape Inc. first entered into a contract with Broward County as low bidder on an Environmental Reclamation project, that encompasses 30 + acres of natural area. The section of land inside Trade Winds Park was choked with 95% coverage of Exotic Vegetation. Exotics included, Brazilian Pepper, Australian Pine, Melacue, Syngonion, Ardesia, to name a few. The initial project utilized the Basal Bark method of Herbicide application. Also the Frill and Girdle method on the Australian Pines and Melacue. Other methods included Folier spray and hand pull method. The first application of Herbicide took a crew of 4 men, and 3 weeks to complete. The follow up applications were on a monthly maintenance schedule. The project has been overwhelmingly successful. The 4 plus years, Mark Guthrie, licensed Herbicide Applicator, owner of The Growing Concern Tree & Landscape Inc. , personally undertook this project. We have worked closely with management from Keith & Schnars for all monitoring events. Planting of Swales and Swamp land, and dry Prairie, was also incorporated into the Mitigation project. 4594 Wenhart Road · lake Worth, Florida 33463 · 561-644-2912 ~~l, -- --.....-.- KEITH and SCHNARS, P.A. ENGINEERS - PLANNERS - SURVEYORS Febmary 19, 2004 Ms. Linda Sunderland Broward COlmty Department of Planning and Environmental Protection Biological Resources Division 218 SW 1st Avenue Fort Lauderdale, FL 33301 RE: 270-Day Monitoring Report for LAPC#28 Site Wiles Road Extension/39th Avenue/Cocomar Canal Extension License No. DF99-1019 Keith and Schnars Project No. 15217.03 Dear Ms. Sunderland: On behalf of our Client, Broward County Engineering Division, Keith and Schnars, P.A. is pleased to submit this 270-Day Monitoring Report for the on-site mitigation area (herein referred to as "Site") for the Wiles Road Extension Proj ect. The mitigation area is located within a Local Area of Particular Concern #28 (LAPC #28) in Tradewinds Park (south of Wiles Road and west of Florida's Turnpike; please reference Figure 1). INTRODUCTION The objectives ofthe on-site mitigation plan for the Wiles Road Extension Project were to eradicate and control exotic vegetation, and to restore hydrology and native vegetation on the 31.17 -acre Site (please reference Figure 2). The Time Zero Report (April 24, 2003; revised June 18, 2003) described conditions at the convergence of three years of mitigation efforts by the Broward County Engineering Division and the Broward County Parks and Recreation Division. Since the acceptance of the Time Zero Report, maintenance has been on-going in the seasonal pond, the constructed swales, the cypress forests, and the upland areas. SAMPLING METHODOLOGY The Site was sampled using the methodology as defined in the Mitigation Plan for the project. Nine permanently marked sampling points along three north-south transects were established during the Time Zero investigation (please reference Figure 3). These sample points were re-visited on Febmary 13, 2004. At each sample point, a I m2 plot was examined for seedlings and herbaceous species; a 10m2 quadrat was examined for large herbs, shrubs, saplings and trees. All species present within each quadrat were identified and a visual estimate of percent cover was made for each species. The species list and data for each sample plot are contained in Appendix 1. These data forms are designed as long-term monitoring sheets to document changes at each sample point. 6500 North Andrews Avenue · Ft. Lauderdale, Florida 33309-2132 (954) 776-1616. (800) 488-1255. Fax (954) 771-7690 BROWARD COUNTY PALM BEACH COUNTY BROWARO COUNTY EVERGUlJES - EVE LADES 0:/ PROJECTS/ ENVIRON /52J7LAPC.OGN WILES ROAD EXTENSION LAPC # 28 MITIGATION AREA LOCATION MAP - - :I: .... a: o z ~ ~ ~ h.: ~ -oq: h:! -oq: BKeith and Schnors, P.A. _ ENGINEERS . PLANNERS - SURVEYORS - I FlGtE \,vnio,..fo-\orH,irnn\t:;" 171", n,.. rl"n n.,/1 h/?nn? n?'?ho ~q PM EASTERN CORRIDOR .. (0_20 AC,I I , .. I , .. ..... I "" 0- 0 z I .. a: => 0 t- I on . :.: 0 0 I a: .. 0 , -' I "- 0 u .. I ~ '" , .. I .... z 0 ~ I z . , t- I '" ~ .. iJ , I , I , I 0 I . I , I . I . I , I 0 I , ______---1 0 I 0 I PIL /9291' /70J9 24620' 4/0JI' SE[ 11>>..' PLANS FCIIAlIOlflOICAL DEIAIlS 55' /WN.W. 48TH STREET I019,4\, IO,R. . 10836. PC. 822. 8. o. .. ~ .. .' .' .' ~ ~. ~' . .. . .. .' .' .. .. .. ( . .. .. .. .. .. .. .. .. .. .. .. .. t- "" -' Q.. .. .. .. .. .. a: ..... 0 -' .. .. .. .. .. .. ~ ..... "" z .. .. .. .. .. > ( .. BLOC_ I .. EXOll C/1I1 XED HARDllOOO .. lI4.3 AC.! . . .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. WES TERN SWALE 10.30 AC.) ~ LYONS TRADEWlffDS PARK IP.R_ 111. pc. 9, R,C,R,I LEGEND L-j CROSS Sf.:CTIOH I H PLACe OlE III CAl Uor ICfflUI SAHtE VECEUTIOHCQ,HADLAREA ~ lIUIJ[O U(AVAflON fOIl HY'DIIOI.OCIC UPIIOV[J.(HTS ~ L:..:.J ~ UITICIITIDN$lrE BOUNDARY' LIHE SCALE /"=200' REV/S/ON .4 ///4/98 WILLIAM K. FRANCIS, P.E. FLOR IDA REG. NO. 47562 (FOR THE FIRM) "'HUAL APlD APPAovED tECKANICAl UOJ I e/NUISAHCE neE JAr 10I'l AElII:I't'AL AII[A 1. PROPOSED STAFF CAUC[ WILES ROAD EXTENSION LAPC ** 28-A EXOTIC ROMOVAL PLAN - - ~1~Si Keith and Schnars, P.A. _ ENGINEERS - PLANNERS - SURVEYORS - N I FI2REI D:/PROJECTS/ENV/RON/52/7/./JPCIDGN WESTERN SWALE 10.30 AC. I LEGE.NO J-------l T -1 . SCALE N T-3 13 T-I 1019.41' T-2 ~ /"=200' 18 POND ~ 10.46 A " fa TJ PJ 12 b EASTERN I CORRIDOR 10.20 AC, ) , I ..., , "" I a. , z: a: I ::J >- , on I :.: 0 , 14 a: \ 0 ..J , :::: ..... I u , ~ <J) I . , ...; N I z .... U"l '20 iii I~ M M ,.... <J) I~ iJ ( >- "" ..J a. . ~~ 00 ..J M :::1M 2_ ..., "" z: > ( BLO K 2 EXOT I C/MI XED HAR WOOD/HERBACEOUS 18,9 AC,' IG T2 PI 8~ I , I , I , I , I , I , I , I , I , I , ________---1 , I , I t 4 BLOCK 3 PINE HATWOOD 12.84 AC.} 1017,99' T-I T-2 EASTERN SWALE 10.31 AC.} .oNI rORt ItG TAANSfcr t PhOto laaJf10n and tllrtIC.floll Ih sun CAUC! T-3 REV/S/ON "/ 1//4/98 WILLIAM K. FRANCIS. P.E. FLORIDA REG. NO. 47562 IFOR THE FIRM) rRAHSEcr NUloIIER SlJfdltrq Gf'I/J S4pJ/f9/Trel Studt l.ot:1:Jllon WILES ROAD EXTENSION LAPC # 28-A MONITORING PLAN - ~i Kelth and Schnars, P.A. _ ENGINEERS - PLANNERS - SURVEYORS - I FIJE! 0,/ PROJE.CTS/ENVIRON/52I7LAPClDGN RESULTS Hvdrology At the time of the plot sampling and site inspection, the staff gauge in the pond indicated a water elevation of 11.35 feet NGVD (design water elevation is 11 feet NGVD). The upland soils in the interior of the Site were dry. The soils in the swales and the cypress forest were moist and contained some standing water. The inspection took place during the dry season so the hydrological conditions would be considered normal for this time of the year. Exotic Control Exotic and nuisance species control is on-going throughout the Site. The Time Zero inspection estimated that dispersed exotic coverage was less than 2 % on the Site, mainly consisting of scattered shoebutton ardesia, Brazilian pepper and melaleuca seedlings. In our opinion, the on-going exotic control program has maintained this dispersed coverage. Some nuisance species, such as dog fermel and ceasar weed have also been treated. The balsam apple and muscadine grape are being controlled. A fewer number of seed-bearing shoebutton ardesia were observed than in past reports. Torpedo grass, observed along horse trails has been treated and needs to be monitored. Pine Flatwoods Area Survival of the planted trees showed continued good survival (estimated at better than 90%). The planted trees show robust growth throughout. Areas of weedy vegetation between the planted trees, as noted in previous reports, have been controlled during maintenance events. Swales The east swale showed continued robust growth and survivorship (estimated at 90% or better; see photos 13-15). Plant growth in the west swale was robust in areas that are not heavily shaded; shaded areas showed some mortality and a few specimens appeared stressed. The planted leather ferns in both swales displayed robust growth throughout. A few weedy species such as dog fennel and beggars ticks were observed on the swale banks, however maintenance control events are controlling nuisance species. Transect Results Wood chips and debris from the exotic removal efforts continue to be the main component of some areas. However, several native herbaceous pioneering species are becoming well established. In particular, robust communities of swamp fern and wild coffee are becoming well-established. Many plots showed changes in species composition. This was especially apparent where large areas of exotics were removed (e.g. Transect 1, Plot 3). The understory is becoming better established (e.g. Transect 2, Plot 3) and some plots are remaining the same (e.g. Transect 2, Plot 2). The cypress forests are nearly free of weedy and exotic species with the exception of some scattered shoebutton ardesia seedlings. ._. ~l.-i <:~ ',:-'. ~::i f'~,j;.C1-. ~ .~~:l. " ~:: "J c; ; :.. E ::.' "='.::- " ::' i.. .'\ i'-J :\] ~: e; ~.; .. :: ;.1 ;:., ',", ~ "," C :~ ::;. Seasonal Pond The planted species show excellent survival and vigorous growth. All six planted species were present and the percent cover of the planted areas remain at about 80%. An increase in overall coverage of fragrant water lily (Nymphaea odorata) and spikerush (Eleocharis interstincta) was observed along the southern portion of the pond. The shorelines have been recruited by a number of desirable native species, such as coastal plains willow (Salix caroliniana), water hysopps (Bacopa monnieri), mock bishopweed (Ptilimnium capillaceum), red ludwigia (Ludwigia repens), and smartweed (Polygonum punctatum). Bladderwort (Utricularia sp.) was observed flourishing in the pond. No water lettuce (Pistia stratiotes) or other nuisance species were observed. A patch of cattails (Typha latifolia) were observed in the southern portions of the pond. Planted Cvpress Trees The area of former melaleuca infestation, planted with 28 cypress trees is shown in Photo 12. The trees show good survivorship although they have dropped their leaves for the winter. The dog fennel (Eupatorium capillifolium) and other nuisance species have been treated between the trees. Wildlife Observations A number of wildlife species have been observed during several monitoring visits to the Site. The seasonal pond and the surrounding swales had the most observations of wildlife use. The following species have been observed during the many Site inspections. Common name Osprey Green Heron Wood stork Red-winged blackbird American coot Mourning dove Great blue heron Blue jay Turkey vulture Mockingbird Gopher tortoise Red"bellied woodpecker Raccoon (tracks) Black racer Armadillo Opossum Scientific name Pandion haliaetus Butorides striatus Mycteria americana Agelaius phoeniceus Fulica american a Zenaida macroura Ardea herodias Cyanocitta cristata Cathartes aura Mimus polyglottos Gopherus polyphemus Melanerpes carolinus Procyon lotor Coluber constrictor priapus Dasypus novemcinctus Didelphis virginiana tfi~,~~~ ~ ~.I G ,.' r" '.. ~. .;.;.. (,., -. ,".' ~ t:: ~. S .. r:' ~. ,\ I-.J !'.! E ,~ S " s C ;:: 'i ~ '. ':.j N :~; CONCLUSIONS AND RECOMMENDATIONS Based upon the findings of this quarterly report, Keith and Schnars concludes that the Site is compliant with the permitted survival and cover requirements and the requirements for exotic and nuisance control. We recommend that the maintenance continue to control seedlings of shoebutton ardesia, melalueca, and Brazilian pepper, which are scattered throughout the Site. On-going maintenance activities should also continue to address balsam apple (Momordica charantia), torpedo grass (Panicum repen), muscadine grape (Vitis rotundifolia) and native nuisance species such as cattails (Typha latifolia) within the seasonal pond, and all other exotic and nuisance species scattered throughout the Site. Re-planting of the shaded portion ofthe western swale may be necessary. If you have any questions or need any additional infonnation, please do not hesitate to call. Sincerely, KEITH and SCHNARS, P .A. Engineers-Planners-Surveyors &!;76 ~ KEITH and SCHNARS, P .A. Engineers- Planners-Surveyors /j//l?U- Victor Neugebauer Environmental Scientist/Biologist Michael P. Pacitto, P.G. Assistant Director of Environmental Sciences and Water Resources Planning Division cc: Carol Morgenstern, Broward County Parks and Recreation Fabian Lefler, Broward County Engineering Jim Allen, Smith and Company Pamela Reeder, Coastal Revegetation Inc. Ivette McGraw, U.S. Army Corps of Engineers ;l i::;:: S " .~: : J :C. "." ~." ':",' ::: .:~ Appendix 1: Data Sheets C'h: . ,; <~(~\~i\ ClI:P..,. ~::f,1' 5::i:'!: d(:' ,c", .:.', :~.~I\~~ gi:~;:; j;:::;/:~ ~'i:,:: c:; ;"":' "'C.'.,;' lll'l"l 0,0,. ~~, ;!!~' ~.'~' .0 QiZ Etl 10. Gl z'O' ... ... l.l D.' .~tn ~"O/l' o..~ c:tG~ 2l>.c ~ R Gl 0..""'Ll.. 1:...-.:t GlGlO l: ~ > (I) (.) 0 0.. Z -.:t c,-O ~~t: ... 0 ::s (I) (.) 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Cl.e: ~ Q) OJ Q) Cii co ~~mi:t~$ M '0 ~a: a.<"i g: 0 EZ OlO .5: 3l ~~ al al e ~ 1:::1::: ~Q) J:JJ:JJ:J :>'a.>g:222 cu~.....c.c~ ..JI-I-(J)(J)(J) :: a ~~:>. Rica.> :>. Z'iii'iSalEt: ca...c::m::lll ~1988a.~ E~..c::!28iij 88~~8&l o III III <.J c: '" r; r; ~ ~ '~ .~ .5; Gl c: :6 III e'~ ~ (ij III Ul III -, - .Q e- .!!!(J~OOIll 16 ,~ <.J "5 ~,g 2 c.(ij >< ~.c:co ell (I) CI) ~ Cl.. lH) 3: Transect 1, Plot 1, looking north. Photo taken 02/13/04. ..1:< ~~j~ -'..... ..~, 1.\ fhIX:~\I~ KEITH and SCBNARS, RA. ':I.1~~t:j ENGINE ERSt PLANNERS, SURVEYORS .'Z~' Photo 1 I- I. I I Transect 1, Plot 2 looking north. Photo taken 02/13/04. 'h .~J1. ,..... , 11~'" ::.~ '~I.~ KEITH and SCBNARS, RA. ~. ~ ,,_, '1 ENGINEERS, PLANNERS, SURVEYORS :SF 'I ~ Photo 2 I I I I ~ Transect 1, Plot 3, looking east. Photo taken 02/13/04. ,"'" -..~. -,: '- ~''',;j;;~ \. ~.~~~ ~~:~~~~~~~~~~~ .~' Photo 3 I I. JIIIIIP'" ~ Transect 2, Plot 1, looking north. Photo taken 02/13/04. <,.) z:t~". ..... ,,_. c\ ij~~~ ~~:~~~~~~~~~~~ .:~'I Photo 4 1- I- I I '4 .~ Transect 2. Plot 2, looking east. Photo taken 02/13/04. ",$, -'~ '''\. '...\ ~~.;... "I~ ~~::~~~~~~~~~~~ _I .~ Photo 5 I- I- Transect 2, Plot 3, looking east. Photo taken 02/13/04. ',~ '. 'z ....... A '.- ;~_\. ~t~ KEITH and SCHNARS, ~A. 4'''',?/ ENGINEERS, PLANNERS, SURVEYORS "'2I't8Ii':c" Photo 6 I' I- I I I Transect 3, Plot 1, facing south. Photo taken 02/13/04. (~..( .~~ ""'- ~~) ~~::~~~~~~~~~~ ',-:.' -I ._~ Photo 7 I' I. Transect 3, Plot 2, facing south. Photo taken 02/13/04. ~t;." '--Yi".;" ~--" -t>;~;,.' "!:l.\. ~~~, ~~~::~~~~~~~~~~~ ._~" Photo 8 I. I. I Transect 3, Plot 3, facing north. Photo taken 02/13/04. M ~~- "- H"" ':C\ ~(l~~~~I:~ KEITH and SCHNARS, RA. i.t:tI~rI ENGINEERS, PLANNERS, SURVEYORS JE~" Photo 9 1 ~ Seasonal pond, just west of Transect 3, Plot 3, showing area, planted 4/23/03, facing northwest. Photo taken 02/13/04. '4 :~- '- <'iJi~~ '.-v\. ~~l~j ~~::~~~~~~~~;~~ _, 1 ~ Photo 10 Overlooking seasonal pond from the southeastern corner, looking north. Water elevation is 11 feet, 3.5 inches N GVD. Photo taken 02113/04. ~::,~." ~~ 'r\, :~ KEITH and SCHNARS, .eA. ~ . J; ENGINEERS, PLANNERS, SURVEYORS .-~" Photo 11 Former area of Melaleuca infestation, just south of the seasonal pond, where 28 cypress saplings were planted. Photo taken 02113/04. ;~;<' ':..";\Jr... '...,- ~.~~.~ ~~::~~~~~~~~~~~ W~'I ."~ Photo 12 East swale, looking south from the northern end of the swale. Photo taken 02/13/04. J..... t<.-\. ~~f""I.~ .KEITH and SCBNARS, RA. ":I ]", - '.~ .- ,f-/ ENGINEERS, PLANNERS, SURVEYORS JE~' Photo 13 East swale, looking south, about halfway down the swale. Photo taken 02113/04. - ,.,.,,, ,') "'.', ,It\. ~.~ . ~';I ~ KEITH and SCHNARS~ RA. r_ ?1 ENGINEERS, PLANNERS, SURVEYORS ,_ 1 -~ Photo 14 East swale, looking north from the southern end. Photo taken 02/13/04. ',,~ '<~J' ,.," ,'>15k'l"<\. ~;~IX'I~ KEITH and SCHNARS, RA. !l]~ f1 ENGINEERS, PLANNERS, SURVEYORS ':l!IJI:' 'I . "'~ Photo 15 West swale, looking north from the southern end. Photo taken 02/13/04. :~...... ".\ a~~ - "';I'~ KEITH and SCHNARS, RA. ".::I ~':-, ,t:; ENGINEERS, PLANNERS, SURVEYORS '-;Z" ~ Photo 16 West swale, looking north from halfway up the swale. Photo taken 02/13/04. ~a.i. ~ ~.''- ~-, ""\. ~~l~l' ~~::~~~~~~~~~~~ '_" ,'I .~ Photo 17 West swale, looking south from the northern end. Photo taken 02/13/04. ""''- 'if}rlL ~~ '\il ~ KEITH and SCHNARS, .eA. -:I ,.~ ,r:.J ENGINEERS, PLANNERS, SURVEYORS :;&:" _-~ ;1.""'" Photo 18 Boynton Beach Community Redevelopment Agency MANGROVE MITIGATION AREA MAINTENANCE September 14, 2006 [ ~) TETRA TECH EC.INC. ( 1t::) TETRA TECH EC,INC September 14, 2006 Ms. Vivian Brooks CRA Planning Director Boynton Beach CRA 915 South Federal Highway Boynton, Beach, FL 33435 SUBJECT: Response to Request for Proposals: Regulatory Monitoring of Mangrove Mitigation Area, and Mangrove Mitigation Area Maintenance Dear Ms. Brooks: As a local company in South Florida for over 20 years, Tetra Tech EC, Inc. (Tetra Tech) is pleased to present our response to the Request for Proposal for the Regulatory Monitoring of Mangrove Mitigation Areas, located in Jaycee Park and adjacent to the Boynton Beach Promenade in the City of Boynton Beach. In addition, we are providing a proposal for the Mangrove Mitigation Area Maintenance for the areas mentioned above. We are submitting these two related proposals to provide the Boynton Beach Community Redevelopment Agency ("CRA") the strongest team of environmental professionals with extensive regulatory compliance and monitoring and maintenance experience. Under both proposals combined, we will provide the CRA a single Tetra Tech point of contact to streamline communication concerning both the monitoring and maintenance obligations of the permits. A further significant benefit to the CRA will be an economy of scale to minimize project costs and provide consulting consistency in dealings between the CRA and the permitting agencIes. The Tetra Tech team has reviewed extensively the site information for the Mangrove Mitigation Areas, its permits and the regulatory requirements that are primary drivers of the monitoring and maintenance programs being implemented by the CRA. As a result, we thoroughly understand the CRA's challenges and requirements for monitoring and maintenance of the mangrove mitigation areas, especially as related to permit compliance. Tetra Tech has a wealth of expertise with coastal habitat creation, restoration, monitoring, maintenance and permitting. For example, we recently were retained to evaluate and improve a previously constructed mangrove mitigation area in Fe Lauderdale. For this project our staff conducted a site assessment, determined changes necessary to achieve permitted success criteria, secured and planted red mangroves, and have been monitoring and maintaining the area. We have long-standing positive working relationships with the regional environmental agencies and have extensive experience working with regulators to successfully permit coastal construction projects. We will bring these assets to the CRA's projects to assist in maintaining permit compliance and project success. ~ SGS 759 S, Federal Highway, Suite 100, Stuart, FL 34994 Tel 772.781.3400 Fax 772.781.3411 To supplement our project team, we are joined by Aquatic Vegetation Control, Inc. (A VC) to provide the CRA the most efficient and cost effective maintenance approaches to meet the CRA's critical needs. A VC, founded in 1986, provides innovative and cost effective services on projects that include natural resource andlor water management concerns including invasive and exotic plant maintenance and management, vegetation inventories, vegetation community mapping, exotic species consulting and coordination of experimental testing. AVe staff hold current herbicide applicator licenses with the State of Florida; including Aquatic and Right-of-Way Herbicides licenses and Core Pesticide licenses. A VC's project experience includes performing high profile exotic vegetation treatment programs throughout Florida, For the SFWMD, A VC controls both aquatic and exotic, invasive vegetation found in the Loxahatchee River floodplain within Jonathan Dickinson State Park, the Lake Okeechobee marshes, and the Everglades. For the City of Port St. Lucie Nuisance Vegetation Control Program, A VC performs maintenance on approximately I, 100 acres of waterways, lakes and drainage canals scattered throughout the city limits. In addition, for Northern Palm Beach County Improvement District, A VC provided ecological monitoring of upland and wetland preserves which included quantitative vegetation analyses, wildlife utilization documentation and exotic vegetation mappll1g. The Tetra Tech team is a cost effective provider of monitoring and maintenance programs throughout peninsular Florida. To meet the CRA's requirements, we have prepared cost estimates for the monitoring and maintenance of the Mangrove Mitigation Areas. We estimate $29,018 for the five- year monitoring component, which includes permit compliance services. We estimate $28,256 for the maintenance program over the five-year project period. We are confident that the strong Tetra Tech team we have assembled will satisfy the CRA's needs and expectations. We appreciate the opportunity to provide our professional services to the CRA regarding mitigation area monitoring and maintenance. If you have any questions regarding this statement, please do not hesitate to contact me at 772-781-3440, Jayne Bergstrom at 772-781-3420 or Kristin Bennett at 772-781-3414. Sincerely, ~l~ \.t1iJohn F. Moulton, III ~ Assistant Florida Operations Manager ~/~ Jayne E. Bergstrom Proposed Project Manager Attachments: Response to RFP for Mangrove Mitigation Area Maintenance Response to RFP for Regulatory Monitoring of Mangrove Mitigation Area Mangrove Mitigation Area Maintenance Table of Contents 1.0 Name and Address of Proposing Firm ............................................................................1 2.0 List of Professional Team Members & Historical Background Information ..............1 2.1 Tetra Tech Team Members ..................................................................................1 2.2 Ave Team Members ............................................................................................4 3.0 Qualifi ca tions/Pro j eet Descriptions ................ ........ ....... .......... ........... .... .............. ........... 5 3.1 Qualifi ca ti 0 os .... ....... ....... ... ... ... ...... ...... .... ........ ..... ........ ...... ..... .... ...... ........ ............ 5 3 .2 Project Descriptions ......................... ........................................ ...... ................. ...... 6 4.0 Project Approach - Mangrove Mitigation Area Maintenance ..................................... 8 4.1 Introduction ................ ................................... ..... ... ........ ..... .... .................. ... ....... ... 8 4.2 Pro j eet A p p roach.. ............. ... .......................... ........ ............... ... ...... .............. ......... 9 4.2.1 Jaycee Park Maintenance Areas ............................................................... 9 4.2.2 Boynton Beach Boulevard Maintenance Areas .....................................10 4.3 Maintenance Plan .. ........................ ............... ..... ................ .... .... ..... ......... .... ........ 11 4.4 A ddi ti onal Servi ces ......... ............................... ..... ... ......... ...... .... ........... ...... .......... 13 5.0 Certificate of Good Standing from the Secretary of State............................................ 14 6.0 Drug-Free Workplace Program ..................................................................................... 14 6.0 Drug- Free Workplace Program .....................................................................................15 6.0 Drug- Free Workplace Program .....................................................................................16 Appendix A - Full Resumes Appendix B - Terms and Conditions & Rate Sheets Appendix C- Florida EPPC Plant List [-..:] TETRA TECH EC.INC. Page i Mangrove Mitigation Area Maintenance 1.0 Name and Address of Proposing Firm Tetra Tech EC, Inc. (Tetra Tech) 759 South Federal Highway, Suite 100 Stuart, FL 34994 772-781-3400 772-781-3411 - facsimile 2.0 List of Professional Team Members & Historical Background Information 2.1 Tetra Tech Team Members The Tetra Tech team fully understands the CRA's work objective and scope for the maintenance work as it relates to permit compliance and quality vegetation management. For years we have been providing these exact discipline services to other public and private clients throughout Florida. Tetra Tech has established working relationships with the regional environmental agencies and has extensive experience working with regulators to successfully permit coastal construction projects. Tetra Tech will capitalize on past and current relationships with federal and state regulatory agencies and our experience with the permitting processes to ably assist the CRA with permit compliance. Because we specialize in coastal construction permit application development, we are especially aware of the strategic importance of meeting the responsibilities of mitigation projects as a part of permit compliance and establishing long- term relationships and good-standing with the regulatory agencies. The maintenance team will be tasked by the Project Manager, Jayne Bergstrom, who will communicate the work scope, schedule and budget requirements along with specific, applicable quality and procedural requirements. She will use a mix of the team members described below to ensure the maintenance and reporting is performed in a timely manner. Our senior Lead Field Biologist, Patrick Zuloaga, will oversee field preparation and completion of all assigned work by using checklists along with the work plan developed and approved for the assignment. We propose Aquatic Vegetation Control, Inc. (A VC) as our partner in providing quality vegetation management. A VC has a group of qualified vegetation control specialists who grasp the objectives and needs of the projects. The Tetra Tech team will coordinate closely with the CRA to ensure the maintenance work performed fully complies with all the project descriptions and special conditions and policies mandated by the regulatory authorities. [-n:] TETRA TECH EC. INC. Page 1 Mangrove Mitigation Area Maintenance Jayne Bergstrom - Project Manager Ms. Bergstrom holds a B.S. in Biology and has nearly 12 years experience in environmental management, environmental sciences and wetland ecosystems, with a particular strong emphasis in regulatory permitting and Florida's sovereign submerged lands issues. She started her career at the Florida Department of Environmental Protection, Submerged Lands and Environmental Resources Program, and for 10 years she served as a Permitting Project Manager, evaluating projects and mitigation plans and writing Environmental Resource permits for local coastal and freshwater wetland projects. Jayne spearheaded many educational programs for ERP. She developed and. organized a series of workshops for marine contractors and environmental consultants so they could become more familiar with FDEP rules and subsequently submit better applications. The Contractor Workshops were recognized by both the Southeast District and the Davis Productivity Awards, where they received an honorable mention in 2004. During her last 4 years at the Florida Department of Environmental Protection, she served as the Southeast District's Permitting Manager all of south Florida. Jayne was not only responsible for supervising the Program; but also making critical decisions on permit applications for complex and controversial dredge and fill activities in wetlands, wetland and marine construction projects such as new marinas and marina expansions, international fiber optic cables and natural gas pipeline landings. This position required close working relationships with local, regional and federal regulatory agencies, which she maintains today. At Tetra Tech EC, Ms. Bergstrom serves as our Biology Lead and a Senior Permitting Specialist. In these leadership roles, she supervises and coordinates the Biological Sciences staff; and is a Permitting Task Manager on plans, and the development of conceptual plans for mitigation and restoration projects. In addition to her supervisory skills, Ms. Bergstrom has experience working in wetland ecosystems and exotic, invasive plant management. Sharon Niemczyk - Regulatory Assistance Ms. Niemczyk holds a B.S. in Marine Science and has more than 10 years of experience in environmental sciences and coastal ecosystems and has developed an expertise in regulatory review of coastal construction projects and management of natural resources. Sharon has worked in the regulatory programs both at the Florida Department of Environmental Protection, Submerged Lands and Environmental Resources Program and the United State Army Corps of Engineers. Her experience includes; regulatory permitting with state and federal agencies including permit writing and compliance. In addition, Ms. Niemczyk has prepared applications for regulatory permits relating to environmental restoration work. She has knowledge and experience in environmental management, integration, and performance of coastal and aquatic projects, wetland delineations, and habitat assessments such as the Wetland Rapid Assessment Methodology (WRAP) and the Unified Mitigation Assessment Method used for mitigation areas. (~] TETRA TECH EC. INC Page 2 Mangrove Mitigation Area Maintenance Patrick Zuloaga - Lead Field Biologist! Associate Scientist Mr. Zuloaga holds a B.S. in Organismic Biology and Ecology and possesses 6 years of experience in wetlands ecology including nearshore, estuarine and freshwater systems. His professional experience has focused on the management, integration, and performance of habitat assessment monitoring and maintenance (including mangroves), habitat restoration, NEP A compliant documents and contamination assessments and remedial designs. Mr. Zuloaga has extensive field experience with the following ecological study methods for habitat monitoring: vegetation and wildlife monitoring and surveys, rare I threatened I endangered species surveys, remedial investigations, Stream Condition Index (SCI) calculations, Vegetative Index of Wetland Condition (VIWC) calculations, sediment characterization, wetland delineations, and the Wetland Rapid Assessment Methodology (WRAP) and the Unified Mitigation Assessment Method used for mitigation areas. He is fully qualified to operate all of Tetra Tech's boats including the airboat. In addition, he works with Tetra Tech staff providing regulatory support, and as such, he interacts with federal, state, and local agencies on behalf of clients in need of obtaining permits. Lisa Canty - Biology Field Staff! Associate Scientist Ms. Canty holds a B.S. in Marine Science and has more than 5 years of experience in environmental sciences pertaining to coastal ecosystems and freshwater systems. Lisa has developed a strong skill set in the collection of biological data and contributing to the management of natural resources. Lisa assists with wetland delineations and habitat assessments such as the Wetland Rapid Assessment Methodology (WRAP) and the Unified Mitigation Assessment Method used for mitigation areas. In addition, she works with Tetra Tech staff as regulatory support and interacts with federal, state, and local agencies on behalf of clients in need of obtaining permits. Ms. Canty is proficient at performing impact assessments and surveys of environmentally sensitive areas, including seagrass habitat, and presenting the results for preservation or restoration planning. As a field biologist her responsibilities include, but are not limited to, collecting and analyzing data, performing surface and ground water, soil, sediment, fish, quality assurance and storm event sampling for a number of different constituents utilizing a variety of monitoring techniques. As an undergraduate student at the University of Hawaii at Hilo, LMC she conducted mangrove research on the island of Hawaii from 1999-2000. Efforts included comparing earlier literature on the introduction of Rhizophora mangle to the island of Molokai in 1902 with a series of aerial photographs documenting the mangroves' subsequent spread to the Big Island, as well as collecting data on plant densities, tree height, number of propagule-bearing trees, and number of propagules established as seedlings along the east and west coasts of Hawaii. Mike Mendoza - Water Resources Field Staff! Associate Scientist Mr. Mendoza has over 17 years of environmental, industrial and safety experience. His experience includes environmental sampling, training and management. As an Associate [-..:] TETRA TECH EC. INC Page 3 Mangrove Mitigation Area Maintenance Scientist his responsibilities include, but are not limited to, performing soil, sediment, surface and groundwater and quality assurance sampling for a number of different constituents utilizing a variety of monitoring techniques. His experience includes planning and ensuring successful task completion; sample collection, documentation, storage, processing, and shipment of environmental samples. He has performed work in both laboratory and field settings. He is fully qualified to operate all of Tetra Tech's boats including the airboat. Todd Ennis - Water Resources Field Staff/Associate Scientist Mr. Ennis holds a B.S. in Biology and possesses 6 years of experience in the performance of water quality, surface and groundwater, sediment and soil sampling for a number of different constituents, including in-situ measurement for pH, temperature, conductivity, utilizing a variety of monitoring techniques. His experience includes planning and ensuring successful task completion; sample collection, documentation, storage, processing, and shipment of environmental samples. Mr. Ennis is skilled in utilizing a variety of monitoring equipment including auto and grab samplers, multi-parameter analyzers, ponar dredge, corers and other sampling devices. 2.2 Ave Team Members The President of A VC, James L. Burney, Jr., holds an M.S. in Biological Sciences and is certified as a Professional Wetland Scientist. He has gained extensive experience at international engineering and consulting firms through sixteen years of involvement in environmental projects. In this capacity, he was involved with ecological assessments for created wastewater treatment wetlands, threatened or endangered species, and natural resource restoration, transportation alignments and wasteload allocation determinations. Mr. Burney currently is the Project Manager for Martin County's exotic vegetation management contract; for the City of Port St. Lucie Nuisance Vegetation Control Program; and for the South Florida WMD for various exotic vegetation treatment programs being conducted in the Loxahatchee River floodplain within Jonathan Dickinson State Park, Lake Okeechobee marshes and in the Everglades marshes. The City of Port St. Lucie Nuisance Vegetation Control Program includes vegetation control over approximately I, 100 acres of waterways, lakes and drainage canals. Most recently, Mr. Burney has been included in the SFWMD's Expert Assistance Pool for wetlands ecology and treatment of wetlands. Phillip L. Young has over thirty years of experience in environmental services and agricultural chemical research and development. Mr. Young's seventeen years of chemical research and development experience prior to A VC included Technical Supervisor for an experimental research station charged with field evaluations of aquatic and forestry control chemicals and Supervisor for greenhouse evaluations of new herbicides. Through broad experience gained from conducting scientific research and company management, Mr. Young has gained invaluable insight necessary for providing knowledgeable and cost-effective solutions for environmental projects. Currently, he provides consulting services in regards to [~] TETRA TECH EC INC Page 4 Mangrove Mitigation Area Maintenance herbicide efficacy and application techniques to clients and also holds Florida licenses for Pesticide and Herbicides and Right-of-Way Herbicides. Todd Olson, holds a B.S. in Fisheries and Wildlife Biologist and is a Certified Lake Manager, is responsible for providing land and lake management services. Mr. Olson has fifteen years of progressive responsibilities in aquatic weed and vegetation management, lake management and wildlife management. He has a current Florida Commercial Applicator License for Aquatic, Right-of-Way and Turf and Ornamental application. Past work experience includes fisheries biologist and consultant, installations and service consultant for lake aeration systems, and management of 142 freshwater lakes and brackish lagoons for a 4700-acre coastal community. In this capacity he also coordinated the management of wildlife species within preserve areas. Angel Lopez, Vice President of Operations, has over eighteen years experience with aquatic and terrestrial invasive plant management. Prior to assuming his current position, Mr. Lopez acted as the Aquatics Division Manager for A Vc. Project Managers, Salvador Medina, John Sullivan, Kenny Sullivan, have managed environmental resource projects for over eleven years, including: herbicide treatment programs for Florida Department of Environmental Protection, the Village of Wellington, the City of Palm Beach Gardens, the City of Port St. Lucie, the USACOE, Palm Beach County ERM, City of West Palm Beach, the State of South Carolina, and water management districts in the State of Florida. Through over twelve years of conducting some of the largest herbicide treatment programs in the southeastern U.S., these men have gained significant experience in aquatic and terrestrial resource management. They have current Florida Aquatic and Right-of- Way Herbicides for Natural Areas licenses. Full resumes have been attached in Appendix A for your consideration. 3.0 QualificationslProject Descriptions 3.1 Qualifications Tetra Tech has a state-wide and regional reputation for excellence in environmental management, permitting and compliance. We bring to the CRA a depth of professional and field staff that has relevant qualifications and experience in consulting, assessment, monitoring, planning, permitting and public outreach for Florida estuarine and freshwater wetland systems. We have provided these services to local and state governmental and non- governmental entities, as well as private developers and public utilities, for over 20 years. As a successful prime contractor, we have engaged specialty subcontractors over a broad spectrum of site services, including ecological construction and maintenance. We take great pride in our subcontracting process, which includes a thorough, annual evaluation of the job performance, environmental compliance and heath and safety successes of our team members. This internal review process ensures that we will provide to the CRA and our many other [-rt:] TETRA TECH EC INC Page 5 Mangrove Mitigation Area Maintenance south Florida clients, quality and compliant specialty services while maintaining a safe and healthy workplace. Aquatic Vegetation Control, Inc. (A VC) is a twenty year old Florida corporation offering vegetation management and general environmental consulting services throughout the southeast. Since its establishment in 1986 as an exoticlnuisance vegetation management company specializing in the control of invasive wetland and upland species, A VC has broadened its scope of capabilities to include chemical mowing, certified lake management, re-vegetation, restoration services, roadside and utility vegetation management, and general environmental/ecological consulting. A VC was founded on the basis of providing innovative and cost-effective services to public and private clients with projects that include natural resource or water management concerns. Services are provided in a professional and personal manner, such that clients are kept informed and included in each phase of a project. This interaction is achieved by providing experienced, competent professionals that function as an extension of a client's staff. 3.2 Project Descriptions Environmental Resource Management Palm Beach County, Florida Client: Mr. Frank Griffiths Environmental Resource Management Palm Beach County 3323 Belvedere Road, Building 502 West Palm Beach, Florida 33406-1548 (561) 233-2513 . Services Provided: Treatment and removal of invasive vegetation within wetland, estuarine, and upland preserves. . Project Cost ;- $1,800,000.00 billed to date . Project Duration: initiated 1999, ongoing . Completion Date: SFWMD contract expiring in October 2007 . A VC Project Manager; Salvador Medina . A VC Crew Leaders: Jorge Monroy, Jose Torres, Juan Cuevas, Rolando Pelayo Aquatic Vegetation Control, Inc. was contracted by the County ERM to provide exotic vegetation treatment and removal services for their environmental lands program consisting of > 15,000 acres. Target species included treating and removing guava, climbing fern, moon vine, Australian pine, bowstring hemp, melaleuca, scaevola, mahoe, downy rose myrtle, climbing fern, and Brazilian pepper. Estuarine projects include Munyon Island, Peanut Island and the "Palm Beach Spoil Islands". The aforementioned projects include work near sensitive mangroves and [-..:] TETRA TECH EC, INC Page 6 Mangrove Mitigation Area Maintenance 55 Almeria Ave. Coral Gables, FI. 33134 (305)445-5553 . Services Provided: Chemical control of exotic invasive vegetation, grading and earthwork, re-vegetation and maintenance . Project Costs: $750,000.00 . Project Duration: 1 year . Completion Date: 4/00107 Aquatic Vegetation Control, Inc. was contracted to reestablish the elevation of 12 transects ranging from 50-100' width by 200-2500' length to original grade. Once graded A VC planted 56,000 assorted native plant species consisting primarily of Red, White and Black Mangroves. A VC has maintained this site for invasive exotic plants for 8 of the contracted 12 months. Cortex Companies, Anglers Reef Development Client: Mr. Mark Finigan Anglers Reef 1115 Marbella Plaza Dr. Tampa, FI. 33619 (305)304-2110 'F . Services Provided: Chemical control of exotic invasive vegetation and mangrove plantings . Project Costs: $12,600.00 . Project Duration: 1 day plus I year monitoring . Completion Date:61 1 0107 Aquatic Vegetation Control, Inc. was contracted to control exotic invasive vegetation and to plant 900 Red Mangroves in a mitigation area for Anglers Reef Development. Site location was in the upper Keys at mile marker 82 Ocean side. 4.0 Project Approach - Mangrove Mitigation Area Maintenance 4.1 Introduction The Boynton Beach Community Redevelopment Agency (CRA) was established in 1982, under Chapter 163 of the Florida Statutes, to serve the City of Boynton Beach by guiding redevelopment activities to create a vibrant downtown core and revitalize neighborhoods within the 1,650 acres along the eastern edge of the City. Through these efforts, it is the intention of the City and the CRA to create a "destination place" that will be located in the heart of their community. [~] TETRA TECH EC.INC Page 8 Mangrove Mitigation Area Maintenance The CRA and the City of Boynton Beach have received permits, with subsequent modifications, from the South Florida Water Management District (SFWMD #50-04166-P) and a permit from the United States Army Corps of Engineers (USACOE # SAJ-2004-l205 IP-JBH) for improvements to properties along the shoreline of the Intracoastal Waterway. The most current project was the creation of an approximate 475 linear foot pedestrian promenade which allows public access to, and passive recreation along, the City's natural areas and picturesque waterfront. In order to offset the minimal environmental impacts caused during the construction of the project, the permits required the creation of mangrove wetlands, and native vegetation wetlandlupland buffer areas located within Jaycee Park and adjacent to the Boynton Beach Promenade and the placement of 3.81 acres of existing mangrove wetlands under a conservation easement. The CRA has issued a Request for Proposal (RFP) to assist the CRA with the maintenance of those mitigation areas, as stipulated in the regulatory permits. 4.2 Project Approach The CRA's RFP requests proposals for a five-year maintenance program of 0.87 acres of mitigation area located along the shoreline of Jaycee Park, including 0.57 acres of created mangrove wetland mitigation area and 0.30 acres of an upland/wetland transitional buffer zone. In addition to the Jaycee Park location, vegetation and trash removal maintenance is to be performed within a mangrove area adjacent to the Boynton Beach Promenade at Boynton Beach Boulevard and North Federal Highway, in Boynton Beach. Tetra Tech studied both the SFWMD and the USACOE permits and have a thorough understanding of what is required in the authorizations and is fully prepared to assist the City of Boynton Beach and the CRA with keeping in compliance with their regulatory permits. Maintenance activities to be performed by Tetra Tech will include exotic invasive vegetation control and removal of trash andlor debris from all of the mitigation areas. We propose to perform this work according to the attached Tetra Tech EC Terms and Conditions (Appendix B). We wish to emphasize that we attempt to maintain a flexible approach to contract terms and conditions, and will work diligently toward fulfilling the desires of the CRA, within a framework that will allow an economically feasible project. Tetra Tech's maintenance plan proposal and cost estimate is based on the acreages described in this proposal and on the permits obtained by the City of Boynton Beach. 4.2.1 Jaycee Park Maintenance Areas Mangrove Wetland (0.57 acres) - The mangrove wetland area is located within Jaycee Park and was recently created pursuant to regulatory permits issued for the Marina Village, Boynton Beach Road cul-de-sac and the Boynton Beach Promenade construction projects. The wetland mitigation area was created using approximately two hundred and ninety five (295) I-gallon red mangrove trees (Rhizophora mangle) planted on lO-ft. centers. The [-..:] TETRA TECH EC. INC Page 9 Mangrove Mitigation Area Maintenance mitigation will be deemed successful if, at the end of five (5) years, the wetland is free of trash andlor debris and contains less than 5% cover of exotic invasive plant species. Wetland/Upland Buffer (0.30 acres) - A buffer was created between the existing grass sod uplands and the created mangrove wetlands on the Jaycee Park site. This buffer was designed using a mix of transitional plant species, including: I-gallon Beach Sunflower (Halianthus debilis); 3-gallon Sea Oxeye Daisy (Borrichia frutescens); 3-gallon Green Buttonwood (Conocarpus erectus); and I-gallon Cordgrass (Spartina patens). The mitigation will be deemed successful if, at the end of five (5) years, the wetland/upland buffer is free of trash and/or debris and contains less than 5% cover of exotic invasive plant species. Mangrove Conservation Area (0.20 acres) - This is an existing mangrove fringe located along the shoreline of Jaycee Park. The fringe is situated immediately east of the created mangrove wetlands and tidal flushing channel and the Intracoastal Waterway abuts the fringe to the east. The mitigation will be deemed successful if, at the end of five (5) years, the wetland is free of trash andlor debris and contains less than 5% cover of exotic invasive plant species. As stated in the permit project description and Special Conditions #4 and #5 in the USACOE permit, this area is to be maintained along with all of the other mitigation areas. Tidal Flushing Channel (unknown acres) - As part of the project mitigation plan, a flushing channel was created immediately adjacent to the created 0.57 mangrove wetland, on the Jaycee Park site, and was hydrologically connected to the Intracoastal Waterway. According to Special Condition #22 in the SFWMD permit, perpetual maintenance of the flushing channel is required to ensure regular tidal flushing of the mangrove mitigation area. This required maintenance measure includes the removal of accumulated material, debris, and sediments to allow for continued tidal fluctuations within the channel. 4.2.2 Boynton Beach Boulevard Maintenance Areas Wetland/Upland Buffer along the Promenade (0.10 acres) - Once the Promenade construction was completed; O.lO-acre sections of native upland/wetland buffers were planted along both sides of the Promenade. It is unclear in the regulatory permits whether or not the new plantings along the south side of the Promenade require maintaining; or if it is only the north plantings that that are required to be maintained. The mitigation will be deemed [~] TETRA TECH EC. INC. Page 10 Mangrove Mitigation Area Maintenance successful if, at the end of five (5) years, the wetlandlupland buffer is free of trash and/or debris and contains less than 5% cover of exotic invasive plant species. (Section(s) II & III of the mitigation plan attached to the permits, titled Mitigation, Monitoring and Maintenance Plan Boynton Beach Boulevard Extension and Promenade, Boynton Beach FL SFWMD Addendum, January 2005.) Regulatory Mangrove Conservation Easement (3.81 acres) - A 3.81-acre mangrove wetland, (aka Hall Property) was granted to the SFWMD in association with the original Boynton Beach cul-de-sac project. An additional 0.10 acres (Upland/Wetland Buffer along the Promenade) was added during the permitting of the Promenade project. Both the SFWMD and USACOE permits require maintenance of the Conservation Easement. (See USACOE Project Description, Special Conditions #4 and #5; and SFWMD permit Special Condition # 19) The mitigation will be deemed successful if, at the end of five (5) years, the wetland/upland buffer is free of trash andlor debris and contains less than 5% cover of exotic invasive plant species. 4.3 Maintenance Plan . Tetra Tech will perform complete exotic invasive vegetation removal of all plant species listed on the Florida Exotic Pest Plant Council's (EPPC) Category I plant list (Appendix C), as required by Special Condition #20 of the SFWMD permit. We will conduct hand- removal (without heavy machinery) of those species, as not to cause additional wetland impacts during maintenance activities. The mitigation areas will be accessed either by foot or by vessel, whichever is least impactive to natural resources at the time of the scheduled removal activities. . Depending on the vegetation type, staff will employ various agency-accepted removal methods including cut-stump, basal bark, andlor directed foliar application of wetland approved herbicides. . Tetra Tech staff performed a cursory inspection of all of the mitigation areas and identified a few Florida Exotic Pest Plant Council's (EPPC) Category I plants as listed below: (~] TETRA TECH EC.INC. Page 11 Mangrove Mitigation Area Maintenance Location Plant Species Suggested Treatment Hand weeding or hoeing, foliar Jaycee Park Torpedo Grass, Panicum repens application of water approved herbicide Brazilian Pepper, Schinus Hand pull to remove if small, or Jaycee Park terebinthifolius cut-stump, application of water approved herbicide Seaside Mahoe, Thespesia Hand pull to remove if small, or Jaycee Park populnea cut-stump, application of water approved herbicide Hand pull to remove if small, or Carrotwood, Cupaniopsis cut-stump, direct application of Jaycee Park anacardioides water approved herbicide, multiple applications may be necessary Promenade UplandlWetland Hand pull to remove or basal Beach Naupaka, Scaevola sericea bark or cut-stump application of Buffer water approved herbicide Promenade UplandlWetland Seaside Mahoe, Thespesia Hand pull to remove if small, or cut-stump, application of water Buffer populnea approved herbicide Promenade UplandlWetland Australian Pine, Casuarina Hand pull to remove or basal Buffer equisetifolia bark or cut-stump application of water approved herbicide Additionally, treated vegetation will be left in place or removed from the site, depending on the species of vegetation, size andlor location of the plants. All activities will be carried out to avoid and minimize the possible injury or impact to desirable vegetation. Any vegetative debris removed from the site will be disposed of in an appropriate location. . Tetra Tech will obtain all necessary City and Palm Beach County permits necessary for vegetation removal. . Trash and debris removal will be performed. . Tetra Tech will perform periodic site inspections to ensure that the mitigation areas are free of trash and debris and that the percent cover of exotic invasive vegetation does not exceed 5% between removal events. In addition, Tetra Tech will ensure that the 5% re- establishment of plants does not dominate anyone section of the mitigation areas. . At the end of each month, Tetra Tech will submit a report to the CRA that includes a description of activities, if any, performed at the mitigation sites. The report will include the date and time of the site visit, a description of trash removal performed, and details concerning vegetation control, such as the type of invasive plant species found and removed, treatment methods performed, and the acreage of vegetation removed. (-rt:] TETRA TECH ECINC Page 12 Mangrove Mitigation Area Maintenance 4.4 Additional Services It should be noted that the regulatory permits require both a 5-year maintenance program, and a long-term maintenance program of all of the onsite and offsite mitigation areas, as described in Special Conditions 20-23 of the SFWMD permit and Special Condition #8 of the USACOE permit. According to these documents, the Jaycee Park creation area (wetland and upland/wetland buffer) and the remaining wetlands located on the Boynton Beach Boulevard site (wetlands and adjacent buffer) will be maintained in perpetuity. Although not specified in the RFP, Tetra Tech could maintain these additional areas as described above, if needed, as additional services. (~] TETRA TECH Ec.INe Page 13 Mangrove Mitigation Area Maintenance 5.0 Certificate of Good Standing from the Secretary of State . FLORIDA DBPBl'MBNT OF STATE &a Detmer 8ecntaI7 fII.... February 19, 2003 CT CORPORAnON SYSTEM QuIIIIcdon docunenta for TETRA TECH fW, INC. were filed on FebNIIy 19, 2003 and ~ docurnInt tIUIIlber FOSOOOOOO854. PIIeIe mer to 1hII runber whII... COIl88pOI .cillO wII11h11 oIlIce. YOAIt corporation Is now qudIIed and auIhclrIz8d to 1I'8n88Ct buIineII in Florida .. of Ih. file c:I8I8. A corpondIon IIMUII I'IIPClrIIur1ib buIinMa report wiD btt eM Ihia oIIIce belwMn ~ 1 and ~ 1 of the ~ IoIIowRI the 0IIencIar ~ of the file daIIt. A FecIInl ErqJIojer .-lIilIc8IIon (FEI) IU11bIr wIfbe requRcI b8font 11111 rwport can be fleet If you dO not aJreIdy have 11'I FEI number, pIe8I8 apply IIKJW wIh the JntImaI Rewrg Dy CIIIng 1-8CJ0.828.3878 and f8qU88Ik1g loon 8&4. - PIMM be ..... if the oorpora18 add,... changea, it Is .. reepondliIiIv of the corpordcln 10 noIfy this oIIIc8. Should you Mve "" QU8IIIonI ~ thll mIlt8r, please telephone (850) Z45-- 8061, the Fcn91 OuiIIft'catIonIax Uen SeClion. =:= SoeciaIiIt DMIIon 01 Corpondlons LeIter Number: l03A000ll009 DiMon ofCorporatioDa - P.O. BOX 8827 -T-Il.lt.~. Plorida 82814 [ -..:] TETRA TECH EC, INC Page 14 Mangrove Mitigation Area Maintenance . FLORIDA DEPART.MENT OF STATE Glenda E.; HOod Secntuy ol8tate February 7, 2005 TTBC, INC. 3475 B. FOOfBILL BLVD. PASADIHA, CA 91107 Re: Document Number F03000000854 The Amendment to the Application of a Foreign Corporation for !Z!RA TZCH !'W, INC. which changed its na_ to T'lEC, INC., a Delaware corporation authorized to tran.act busine.. in Florida, was filed on February 3, 2005. This document was electronically received and filed under PAX audit number H05000029492. Should you have any questions regarding this matter, please telephone (850) 245-6050, the Amendment Filing Section. Anna Chesnut Document Specialist Division of Corporation Letter Number: 505A00008348 Pebruary 7, 2005 Re: Doau.ent Number F03000000854 The Ame~t to the Application of a Foreign Corporation for T'fBC, INC. which changed it. name to H!RA TECII BC, INC., a Delaware corporation authorized to transact budness in Florida, was filed on Pebruary 3, 2005. This document was electronically received and filed under PAX audit number 1105000030471. Should you have any questions regarding this m4tter, plea.. telephone (850) 245-6050, the ~nt Piling Section. Anna Chesnut Document Specialist Division of Corporation Latter Number: 40SA00008350 Division of Corporations -P.O. BOX 6327 -Tallahassee, Florida 32314 [ -..:] TETRA TECH EC INC Page 15 Mangrove Mitigation Area Maintenance 6.0 Drug-Free Workplace Program I certify the firm of Tetra Tech EC, Inc. responding to this RFP maintains a drug-free workplace program, and that the following conditions are met: (1) We publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying that actions will be taken against employees for violations of such programs. (2) We inform employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) We give each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), we notify the employee that, as a condition of working in the commodities or contractual services covered under this RFP, they will abide by the terms of the statement; and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) We impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted. (6) We make a good fai~h effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Authorized Signature: ~~~-c--- Date~I''tJoe" Name & Title (typed) John F. Moulton, Assistant Florida Operations Manager (~] TETRA TECH EC. INC. Page 16 [~) TETRA TECH EC, INC Mangrove Mitigation Area Maintenance Appendix A Full Resumes Ms. Bergstrom has nearly ] 0 years experience in environmental management, environmental sciences and coastal and freshwater wetland ecosystems, with a particular emphasis on regulatory permitting and Florida's sovereign submerged lands issues. She has been responsible for both program management and special project initiatives dealing with key regulatory and policy issues. During her last 4 years at the Florida Department of Environmental Protection (FDEP), she served as the permitting manager for the Submerged Lands and Environmental Resources Program. In that capacity, she helped applicants find win-win environmental permitting solutions for high profile and controversial dredge and fill activities throughout Southeast Florida, including several large-scale coastal projects such as mooring field development, new marina construction, marina expansions, oceanic telecommunication fiber optic cable installations, and natural gas pipeline landings. In addition. this position required close working relationships with local, regional and federal regulatory agencies. At Tetra Tech EC, Ms. Bergstrom serves as our Biology Lead and a Senior Permitting Specialist. In these leadership roles, she supervises and coordinates the Biological Sciences staff; and is a Permitting Task Manager on plans, and the development of conceptual plans for mitigation and restoration projects. In addition to her supervisory skills, Ms. Bergstrom has experience in wetland delineations, and habitat assessments such as the Wetland Rapid Assessment Methodology (WRAP) and the Unified Mitigation Assessment Method used for miti ation areas. I ! . Open Water Diver Certification, PADI, 1992 PROJECT EXPERIENCE: Tetra Tech, Permitting Lead. Ft. Pierce Marina Design & Permitting, Permitting Lead - Responsible for obtaining all permits associated with the marina expansion and additional facilities. In addition to permitting, the project involves mitigation planning and implementation and incorporation of public recreational access points. Tetra Tech, Permitting Specialist- Harborage Marina Design & Permitting- Part of the Permitting Team providing support for planning and implementing a streamlined approach to obtain regulatory permits for 3 associated marinas located in a Stuart, Florida downtown, waterfront Community Redevelopment Area. Permitting components consist of the bulkhead, dredging and spoil disposal areas, and rebuilding portions of the marina under the state and federal Emergency Orders issued in 2004 as a result of two hurricanes. Tetra Tech, Permitting Specialist- Pier 17 j\1arina Design & Permitting - Part of the Permitting Team providing support for planning and implementing a streamlined approach to obtaining regulatory permits for a mega-yacht facility in South Florida. Regulatory components of the project consist of obtaining permits to rebuild existing portions of the marina, dredging and disposal of spoil materials in the existing basin, and increasing the facility size by excavating uplands to create more slips for larger vessels. FDEP, Environmental Manager in Charge of Environmental Resources Program, Permitting Section for the Southeast District Office: FDEP, Environmental Manager -City of Stuart Soutlzpoint Anchorage Field. Involved the permitting of a 69-s1ip mooring field located in the St. Lucie River in Martin County. FDEP, Environmental Afanager -City of Miami Dinner Key Mooring Field. Involved the permitting of a 225-slip mooring field located in Biscayne Bay in Miami-Dade County. FDEP, Environmental Manager -Miami- Dade Parks and Recreation's Pelican Harbor I1tfooring Field.. Involved the permitting of a 27 -slip mooring field located in Biscayne Bay in Miami- Dade County. FDEP, Environmental l1tfanager - AES Ocean Express LLC. - Construction of a 24-inch natural gas pipeline and associated facilities originating at the EEZ and extending 54 miles through federal and state waters terminating onshore in eastern Broward County. This project included tunnel boring and horizontal directional drilling technologies (backreaming), along with direct lay methods for installing the pipeline. FDEP, Environmental Manager- Tractebel Calypso LLC - Construction of a 24-inch natural gas pipeline and associated originating at the EEZ and extending 32 miles through federal and state waters terminating onshore in eastern Broward County within John U. Lloyd State Park. This project included two water to water horizontal directional drills (backreaming) and trench excavation along with direct lay methods for installing the pipeline. FDEP, Environmental Manager- Tyco/Emergia Telecommunications - Installation of six conduits and laying of two international fiber optic cables off the coast of Boca Raton, Florida. This project included horizontal directional drills (drill and leave) and limited excavation along with direct lay methods for installing the telecommunication cables. WORK EXPERIENCE: Florida Department of Environmental Protection; Environmental Manager, Submerged Lands and Environmental Resources Program (ERP) - Responsible for managing the permitting section of the Southeast District's Environmental Resource Permitting Program. Reviewed administrative and technical issues related to water quality assessment, surface water, biological field investigations, wetland evaluation and delineations. Prepared and reviewed technical reports. Coordinated with other environmental regulating agencies, including other state agencies, local governments, and federal agencies concerning issues related to the ERP program. Made recommendations to the Program Administrator, Director of District Management, and other members of agency management concerning proposed agency actions. Presented briefings to Cabinet Aides for the Governor and Cabinet concerning high visibility projects. Organized and conducted public meetings as necessary to discuss rule changes, contractor outreach, and new initiati ves. Florida Department of Environmental Protection; Environmental Specialist, Submerged Lands and Environmental Resources Program (ERP) - Responsibilities included reviewing and evaluating the complex and controversial project permit applications. Reviewed permit applications for: dredge and fill activities in wetlands and wetland construction; dock and seawalls; mangrove alterations; new marinas and expansions; and international fiber optic cable and natural gas pipeline landings. Prepared agenda items for the Governor and Cabinet and attended and participated in Cabinet Aide agenda item briefings. Presented briefings to high-level Departmental management concerning high visibility projects. Conducted site inspections to assess and minimize project impacts on freshwater andlor coastal biological resources, wetlands and water quality. Evaluated mitigation plans and restoration projects. Conducted ERP training for both staff and the regulated community. Conducted public meetings and public outreach programs. Represented the Southeast District on interagency committees and task forces including: United States Coral Reef Task Force; Dade County Lakebelt Committee; Bird Drive Basin SAMP Committee; and the Fiber Optic Task Force for rule development con-cerning telecommunication line installations. SHARON NIEMCZYK 11: RegulatOl') I Senior Biologist SUMMARY OF EXPERIENCE: Ms. Niemczyk has more than 10 years of experience in environmental sciences and coastal ecosystems and has developed an expertise in regulatory review of coastal construction projects and management of resources protection according to the NEP A process. Her experience includes the management, integration, and performance of coastal and aquatic projects, habitat assessment; wetland delineation; regulatory permitting with state and federal agencies; implementation and compliance; and NEP A documents. She has extensive field experience as a marine biologist and ecologist and has conducted many site assessments. Currently she serves as Task Manager/Field Operations Lead on several BISC projects including the Restoration Plan/Programmatic Environmental Impact Statement for Seagrass and Coral Reef Impacts in Biscayne National Park and the Restoration Plan/Environmental Assessment and Restoration Implementation for Allie B and Igloo Moon Grounding sites. Ms. Niemczyk has prepared applications for regulatory permits relating to environmental restoration work. She is experienced in conducting seagrass and submerged resource surveys at various sites including marinas and seagrass donor. She has extensive experience in the investigation of successful or innovative technologies to apply to the management of coastal construction projects for writing and implementing permit specific conditions. Ms. Niemczyk was previously an active participant in the SEFCRI project development process and has acted as a co-lead for the Maritime Industry and Coastal Construction Impacts Team. She has served as a regulatory coral reef expert for the U.S. Army Corps of Engineers, and as such, she facilitated a coral reef Mitigation Functional Assessment Workshop. She has lead workshop discussions and presented materials relating to existing construction practices that have damaged Florida reefs. Ms. Niemczyk was invited and participated in the kick-off of developing a new coral reef functional assessment tool for Hawaii. She is a recent member of the Marine Technology Society. . BS / Marine Science / 1996 l____ ___________ Padii- dvanced Diver Certification 12 Years of Boating Experience, FDEP Certified PROJECT EXPERIENCE: National Park Service, Allie B and Igloo Moon Environmental Restoration Projects, Task Manager/Field Operations Lead. Responsible for the development of a NEP A compliant programmatic RP/PEIS for future seagrass restoration performed within the Park for two grounding sites. Specific responsibilities include coordination with NPS and regulatory agencies for preparation, implementation, and compliance of regulatory permits; member of the technical interdisciplinary team; developing restoration strategies and methods; developing monitoring goals and methods; and development of the RP/PEIS. U.S. Army Corps of Engineers, Senior Project Manager, Southeast F L. Responsible for the evaluation of all levels and types of Department of the Army permit applications and compliance cases for activities within the coastal watersheds, in waters of the United States. Specifically evaluated and made permit recommendations for large-scale ocean construction projects such as transcontinental gas pipelines, beach nourishment, port expansions, and hydro turbine projects. Provided expertise and knowledge of resource protection measures for marine biological resources and coral reef systems. Served as the Corps of Engineers representative for the Coral Reef Task Force (CRT F) - Local Action Strategy - and provided recommendations for developing resource protection goals. Provided expertise and advice in educating the CRTF and co-workers about potential impacts from large-scale ocean construction projects and avoidance and minimization measures. Represented the Corps of Engineers as a coral reef expert at a 2004 workshop in Hawaii regarding the development of a new Functional Assessment Method to be used for coral reef impacts. At this workshop gave two presentations, one on construction impacts to coral reef systems and the other was focused on current coral reef functional assessment tools. Florida Department of Environmental Protection; Environmental Specialist. Responsible for the evaluation and processing of advanced and complex environmental resource permit applications under Chapters 403 and 373 Florida Statutes (F.S.), and all Chapters in Florida Administrative Codes used for DEP permitting. Permit elements including conducting wetland surveys, and developing mitigation agreements, permit specifications and conservation easements, and coordinating inter-agency (state and federal) interaction to facilitate ecosystem management activities. Performed site visits and determined functional wetlands using various wetland delineation methods. Performed seagrass verifications and evaluated each project for environmental impacts, public health and safety, wildlife habitat, and other various criteria. In addition, responsible for leading various workshops to educate the public and Department staff on various rules and regulations associated with environmental permitting. South Florida Water Afanagement District; Senior Scientific Associate. Assisted with research and compliance multimedia monitoring of mercury in South Florida. Assisted with assessing the impacts of mercury loads on soil, water, vegetation, fish and wildlife to contribute vital data for environmental restoration and protection. Compliance water quality monitoring associated with the Storm Water Treatment Areas. Compliance and research mercury monitoring of multimedia. Provided knowledge and background of mercury in the environment for the training of less experienced staff. Harborage Marina Project; Permitting Specialist. Responsible for planning and implementing a stream-lined approach to the process of obtaining regulatory permits for 3 associated marinas called the Harborage Marina Project. The Harborage Marina development is a downtown, waterfront Community Redevelopment Area project. Permitting components consist of the bulkhead, dredging and spoil disposal areas, rebuilding portions of the marina under the state and federal Emergency Orders issued due to the hurricanes of 2004. These authorizations include state regulatory and proprietary authorizations, federal, and local authorizations. Maintaining close client interactions and extensive agency and third party coordination. AdditIonally, assisting in implementing and designing the public signage and outreach components required for the regulatory authorizations, focusing on manatee awareness and safe boating, Pier 17 Yacht Club, Environmental Permitting; Permitting Specialist. Responsible for planning and implementing a stream-lined approach to the process of obtaining regulatory permits. Regulatory components consist of developing a phased approach for the client to obtain permits to rebuild existing portions of the marina, dredging, and begin construction as quick as possible to assist the client in generating revenue within the first year of the project. A second approach is to use prior knowledge and experiences with the regulatory agencies and preempt the permitting process for Phase II, to excavate, enlarge the existing basin, and create additional slips at the facility for mega-yacht use. The Pier 17 facility was previously a boat yard and marina therefore, responsible duties would be to implement a site clean-up plan that would be put into place according to agency standards. Island Estates Inc., Environmental Permitting; Permitting Specialist. Consulting services are being provided to support the property owner with permitting challenges for multi-million dollar development, marina construction/expansions, and dredging. The project consists of two isolated islands, which lie in Dumfoundling Bay at the North end of Biscayne Bay, Miami-Dade County. Permitting challenges consist of a marina expansion or construction of marina access via dredging. The dredging would involve possible seagrass impacts however, seagrass management would occur by transplantation of a federally listed species of seagrass and developing a monitoring plan and success criteria. The plan would be developed in concert with agency rules and regulations and would provide a "no net loss" of impacts. The project will involve close and intense agency interaction and coordination to facilitate the permitting of the actions. Intricate planning will be used to facilitate a land swap with State owned sovereignty submerged lands and privately owned lands by the developer to create the best case scenario for adequate land management. PRESENTATIONS Niemczyk, S., Ocean Construction Impacts on Coral Reef Systems in Southeast Florida, Presented at the Coral Reef Functional Assessment Workshop, Hawaii, August 2004. Niemczyk, S., Current Coral Reef Functional Assessment Methods Used in South Florida, Presented at the Coral Reef Functional Assessment Workshop, Hawaii, August 2004. Niemczyk, S., Executed presentations on Dredging and Department of Environmental Protection Permitting, Seagrass Identification and Characteristics, and State Lands Rules, Presented in 2002 Contractor Workshop Series, St. Lucie County, Palm Beach County, Broward County. PATRICK ZULOAGA 11: Field Tl'am LcadHssociak Biologist SUMMARY OF EXPERIENCE: Mr. Zuloaga possesses 6 years of experience in wetlands ecology including near shore and estuarine systems. His professional experience has focused on the management, integration, and performance of habitat assessment monitoring and maintenance (including mangroves), habitat restoration, NEP A compliant documents and contamination assessments and remedial designs. Mr. Zuloaga has extensive field experience with ecological studies for habitat monitoring, assessment and surveys, wildlife monitoring and surveys, rare I threatened / endangered species surveys, remedial investigations, Stream Condition Index (SCI) calculations, Vegetative Index of Wetland Condition (VIWC) calculations, and sediment characterization. He has lead field efforts on a variety of large scale restoration projects for I clients such as the South Florida Water Management District (SFWMD), National Park Service (NPS), and a variety of private clients. He is responsible for the collection, interpretation, and reporting of ecological and hydrological data from a 1,256-acre mitigation bank. He was also a member of an ecological team that restored seagrass habitat, and assessed coral reef injuries in numerous locations throughout Biscayne National Park. Mr. Zuloaga has experience with writing coral reef and seagrass Restoration Plans (RP) Environmental Assessments (EA), Environmental Impact Statements (EIS), and Programmatic Environmental Statements (PElS) that meet NPS requirements for NEP A compliance for Biscayne National Park. He utilizes his field experience to provide technical input for developing the RP, EA, EIS and PElS documents that will contribute to the frame work of restoration activities within the Park. TRAINING: 40 Hour HAZWOPER, 2002 Ultra-clean Ultra-trace Mercury Sampling Techniques, 2002 PADI, Advanced Open Water Diver, 1993 DOT Employee Training Program, 2003 Waste Management Employee Training Program, 2003 CPR and First Aid Basics, American Red Cross PROJECT EXPERIENCE: Field Operations Lead and Task Manager, Harley-Davidson Fort Lauderdale Dealership Mangrove il1itigation Area, Fort Lauderdale, FL. Responsible for the successful restoration of a mangrove mitigation area. Duties included planting red mangroves, monitoring vegetation; wildlife, hydrology, and completing biannual reports based on monitoring events. Mangrove restoration success involves the restoration of red mangrove and associated wetland species in a planter, which has been cleared and graded to achieve appropriate hydrology. Biologist, South Florida Water Management District (SFWMD), Loxahatchee Mitigation Bank, Delray Beach, FL. Responsible for ecological monitoring and maintenance of exotic and native plants and animals, wetlands functional value assessments, threatened and endangered species surveys, and document preparation to support permit compliance and mitigation bank credit release for a I ,256-acre mitigation bank in Palm Beach County. Performs extensive field efforts including monitoring and characterization of site, establishing vegetation and wildlife sampling stations, and water level monitoring. Ecological monitoring program to determine restoration success includes use of drift fences for sampling of reptiles, amphibians, and small mammals, minnow traps for macroinvertebrates and fish, time- area counts for birds, use of line intercept method for collecting vegetative data. Coordinates with engineers and leads the field activities of the hydrological monitoring program. Wetland restoration success involves the restoration of an Everglades mosaic system in an area dominated by exotic and inappropriate vegetation. Eradication of exotic vegetation is being performed by inundation of a several hundred-acre portion of the site and manual herbicide. Biologist, Various Clients, Central and Southern FL. Performs ecological field surveys including, tree surveys, wetland determinations/delineations, habitat assessment and threatened & endangered species surveys, for site development permit preparations. Biologist, National Park Service; Biscayne National Park, Seagrass Restoration, Homestead, FL. Specific responsibilities include coordination with NPS, implementation, and compliance of regulatory permits, development of restoration methods for inclusion in a Restoration Plan and implementation, development of monitoring methods, and ensuring compliance with regulatory permits. Restoration activities included backfilling injured sites, placement of bird stakes, and transplanting turtlegrass (Thalassia testudinum) plugs. Biologist, National Park Service, Biscayne National Park, Restoration Plans/Environmental Assessments for the Igloo Moon and Allie B Coral Reef Injury Sites, Homestead, FL. Assisting in the development of two NEP A compliant Restoration Plan/Environmental Assessments (RP/EAs) addressing two coral reef injury sites in Biscayne National Park. Specific responsibilities include preparing text sections of the documents which will lead the Parks restoration activities; client interface; and participate in field efforts to evaluate the current site conditions and develop restoration options. Biologist, FDEP CAMA, Aquatic Preserve Management Plans, FL. Assisting in the preparation and development of a general and preserve-specific management plans for all the aquatic preserves throughout Florida. These documents will provide the tools for the long-term management of these vital properties within Florida's aquatic preserve system and identify goals, strategies, and issues within each preserve. South Florida Water Management District; Water Quality Monitoring Consolidated Monitoring Work Order, Area Encompassing South Florida Water Management District Boundaries; Deputy Task Manager - Gives direction and tracks day-to-day activities of task managers and field team members. Provides oversight and technical expertise making certain that all project requirements are being addressed. Tasks on this work order include the collection of various surface water, groundwater, biological and sediment samples on multiple sites. The primary objectives of this project include obtaining accurate, verified monitoring data that fulfills District legal mandates, and/or supports operational decisions, and consolidate monitoring into one work order to provide more efficient management of projects. LISA CANTY Ficld Biologist Ms. Canty has more than 5 years of experience in environmental sciences and coastal ecosystems and has developed a strong skill set in the collection of biological data and contributing to the management of natural resources. As a field biologist her responsibilities include, but are not limited to, collecting and analyzing data, performing surface and ground water, soil, sediment, fish, quality assurance and storm event sampling utilizing a variety of monitoring techniques. Her experience includes planning and ensuring successful task completion; sample collection, documentation, storage, processing, and shipment of environmental samples. She has extensive experience conducting coral reef fish surveys in Southeast Florida and Hawaii, in addition to advanced identification skills of marine algae and coral species. Ms. Canty is proficient at performing impact assessments and surveys of environmentally sensitive areas, including seagrass habitat, and presenting the results for preservation or restoration planning. She has incorporated regulatory support to her skill set through interaction with federal, state, and local agencies on behalf of clients in need of obtaining permits. As an undergraduate student at the University of Hawaii at Hilo, LMC conducted mangrove research on the island of Hawaii from 1999- 2000. Efforts included comparing earlier literature on the introduction of Rhizop/lOrct mangle to the island of Molokai in 1902 with a series of aerial photographs documenting the mangroves' subsequent spread to the Big Island, as well as collecting data on plant densities, tree height, number of propagule- bearing trees, and number of propagules established as seedlings along the east and west coasts of Hawaii. Previously Ms. Canty worked under contract with DB Environmental for the South Florida Water Management District performing plant, sediment and water quality monitoring, Harbor Branch Oceanographic Institution, REEF Environmental Education Foundation, and the U.S. Fish and Wildlife Service where she implemented a sea turtle monitoring program in the French Frigate Shoals, Northwestern Hawaiian Islands. PUBLICATIONS: Jackson, S.D" Dierberg, F.E., Canty, L.M, 2005, Phosphorous Removal and Competition Between the Invasive, Exotic I Hydrilla verticillata and the Native Najas guadalupensis in South Florida Treatment Wetlands. Presented at the 9th Annual I International Wetland Symposium, Louisiana, March 2005, PROJECT EXPERIENCE: Water Quality Monitoring Consolidated 1110llitorillg Project, South Florida Water Management District; Field Staff- Responsibilities include planning and ensuring successful task completion; collection, documentation, storage, processing, and shipment of environmental samples associated with 7 tasks (projects). Individual task orders include Project 2: Allapattah Restoration (ACRA); Project 10: St. Lucie Tributary (SL T); and Project 14; Water Quality Monitoring (WQM). All sample collection and shipping is performed in compliance with SFWMD's standard operating procedures. The primary objectives of this project include obtaining accurate, verified monitoring data that fulfills District legal and permit mandates, and/or supports operational decisions, and to consolidate monitoring into one work order to provide more efficient management of projects. DB Environmelltal Labs, Illc.; Research Assistant. Collected and processed data for Comprehensive Everglades Restoration Project. Technical responsibi lities included operating, maintaining, and calibrating equipment used in data collection. Conducted surface water filtration to determine concentration of phytoplankton, chlorophyll-a, suspended solids, and particulates was performed in addition to regular sampling events. Microcosms were created to manipulate results, requiring a team effort in the development and implementation of experimental designs. Performing extensive field work from airboats and other watercraft and recording data and observations in accordance with QA/QC standards was regular practice. Island Estates, Associate Biologist, 1lliami, FL. Consulting services are being provided to support the property owner with permitting challenges associated with a multi-million dollar development, including marina construction/expansions, and dredging. The project consists of two isolated islands, which lie in Dumfoundling Bay at the North end of Biscayne Bay, Miami-Dade County. Permitting challenges consist of a marina expansion or construction of marina access via dredging. The dredging would involve possible seagrass impacts however, seagrass management would occur by transplantation of a federally listed species of seagrass and developing a monitoring plan and success criteria. Responsibilities include performing benthic habitat and seagrass surveys, creating a site-specific UMAM (Uniform Mitigation Assessment Method), and transplanting seagrass post-dredging. Harborage Marina Project, Associated Biologist / Permitting Assistant, Stuart, F L. Part of the Permitting Team providing support for planning and implementing a streamlined approach to obtaining regulatory permits for :\ associated marinas. The Harborage Marina development is a downtown, waterfront Community Redevelopment Area project. Permitting components consist of the bulkhead, dredging and spoil disposal areas, rebuilding portions of the marina under the state and federal Emergency Orders issued due to the hurricanes of 2004. These authorizations include state regulatory and proprietary authorizations, federal, and local authorizations. Responsibilities include following up with Florida agencies to determine the status of permit applications and submit additional information as needed. Pier 17 Yacht Club, Associate Biologist / Permitting Assistant, Ft. Lauderdale, F L. Part of the Permitting Team providing support for planning and implementing a streamlined approach to obtaining regulatory permits for a mega-yacht facility. Responsibilities include following up with Florida agencies to determine the status of permit applications and maintaining current records of documentation at the state and local level for the client to rebuild existing portions of the marina, dredge, and begin construction. V.S. Fish and Wildlife Service; Biological Science Technician. Responsible for implementing a sea turtle monitoring program at the Pacific Remote Island National Wildlife Refuge Complex in the French Frigate Shoals, Northwestern Hawaiian Islands. This consisted of rotating four days on East Island with four days on Tern Island. Nightly surveys were conducted on East Island to determine nesting population abundance of the green sea turtle (Chelonia mydas), Information was collected on actual nests (data loggers) and nesting females (pit tag readings, carapace length, presence/absence of tumors, shark bites). If no pit tags were present, new tags were injected into the hind flippers. REEF Environmental Education Foundation; Intern. Served as co-trip leader on a fish identification workshop in Uti la, Bay Islands, Honduras. Trained volunteers to conduct marine life surveys and assisted with teaching seminars on marine life identification and survey techniques. Oversaw member services (over 26,000 members), processed incoming survey data forms, and provided administrative assistance. MICHAEL MENDOZA Field Sampler I .\ssociate Scientist Mr. Mendoza has over 17 years of environmental, industrial and safety experience. His I experience includes environmental sampling, training and management. As an Associate Scientist his responsibilities include, but are not limited to, performing soil, sediment, surface and groundwater and quality assurance sampling for a number of different constituents utilizing a variety of monitoring techniques. His experience includes planning and ensuring successful task completion; sample collection, documentation, storage, processing, and shipment of environmental samples. He has performed work in both laboratory and field settings. Mr. Mendoza is skilled in utilizing a variety of monitoring equipment including auto and grab samplers, multi-parameter analyzers, ponar dredge, corers and other sampling devices. He is experienced in daily calibration, troubleshooting, maintenance and decontamination of sampling equipment including autosampler calibration, change out and flow resets. He is fully qualified to operate all of Tetra Tech's boats including the airboat. The projects Mr. Mendoza supports are managed to strictly comply with the District's Field Sampling Quality Manual (FSQM) and FDEP's Quality Assurance Rule and Field Sampling SOPs. In addition, his experience includes installing monitoring and extraction wells, conducting operation and maintenance on remedial systems, and supervising health & safety activities on projects. TRAINING: 40-Hour OSHA HAZWOPPER, 1992 Occupational Respiratory Protection & Scaffolding Safety, 2000 Rescue and First Responder Qualifications, 2001, AS, Computer Hardware Technology, Total Technical Institute, Atlanta, Ga., 1986 E DUCA TION: REGISTRA TION/LICENSES/CERTIFICA TIONS: Principles of Safety Management Certification, 2004, Hazardous Waste Regulations for Generators Certification, 2004. Hazardous Materials Response Technician including AED, CPR, and First Aid Certification, 2004. 1 O-Hour OSHA 'Train the Trainer' Certification, 2002, Hazardous Waste Management Certification, 1996-2004, PROJECT EXPERIENCE: Water Quality Monitoring Consolidated Monitoring Project, South Florida Water Management District; Staff Environmental Scientist - Responsibilities include collection, documentation, storage, processing, and shipment of environmental samples on multiple projects including: Project 2: Allapattah Restoration (ACRA); Project: 3 Everglades Agricultural Area Bolles Canal (EAAR); Project 8: Regional Floridan Monitoring (RFGW); Project 9: St. Lucie Estuary & Indian River Lagoon (SE & IRL); Project 12: Tree Island (TREE); Project 14: Water Quality Monitoring (WQM); Project 15: Caloosahatchee Release (CESWQ); and Project 20: Everglades Stormwater Program (ESP). Phase I and Phase II Environmental Site Assessment, South Florida Water l~lanagement District, Various Projects throughout FL; Field Operations Lead- Responsible for conducting Phase VII ESAs on various properties throughout rural Florida for the SFWMD Land Acquisition Department in accordance with ASTM Standard EI527-00. The sites consist of large parcels of land that include agricultural areas, pump stations, chemical storage facilities, lagoons, natural areas, burn areas, disposal areas, fuel tanks, residences, and marinas. Phase II investigations include installing monitoring wells, screening and collecting soil samples, surface water samples, groundwater samples, and sediment samples. Hazardous Waste and Dry-cleaning Solvent Cleanup Program, Florida Department of Environmental Protection; Staff Environmental Scientist - Responsible for the operation and maintenance of remedial systems including monthly inspections and the collection of system air samples. Tropicana North America, Citrus Juice Production Plant Fort Pierce, Fl, 1995-Dec 2004; Environmental & Safety Manager - Responsible for facility environmental permit compliance sampling. Conducted storm water outfall sampling on a bi- monthly basis for SFWMD permit discharge requirements. Conducted quarterly groundwater sampling of monitoring well network for FDEP compliance permit. Responsible for the implementation and management of the Storm Water Pollution Prevention Plan (SW3P) for the facility. Collected quarterly surface water samples associated with rainfall events on a quarterly basis for the SW3P requirements. Analytes collected included VOCs, Metals, TSS, TDS, COD, Sodium, Color, Nitrogen, and in-situ parameters utilizing multi water quality instruments (YSI, Hach, etc.). Collected annual Method 9 visual air emissions for 7 permitted emission sources at the facility. All sampling activities were conducted per the current FDEP SOPs. Responsible for the calibration, maintenance and repair of safety and environmental instruments including single and multi-gas monitors and ammonia meters. Responsible for shipment of both hazardous waste and non-regulated waste. Responsible for maintaining the OSHA based VPP safety program for the facility. Duties included: troubleshooting daily safety issues, employee training, tracking of accidents, incidents, weekly safety meetings & departmental inspections, reporting of plant safety statistics, and the maintenance of emergency response equipment. Conducted ongoing forklift and high lift training to employees. Actively involved in the TPM Program and Safety Council PSM Program. Tetra Tech EC, Inc., 1988-1996; Senior Environmental Technician - Responsible for collecting surface water, groundwater, sediment, soil and remedial system air samples. Supervised subcontractors for soil borings, monitoring and extraction well installations, and construction oversight of remedial system installations including vapor extraction, air stripping towers, infield repair of electromechanical systems, infiltration galleries, and trenches with associated piping and electric. TODD ENNIS Task 'tanager - Ke~ Field Sampler I Associate Biologist Mr. Ennis possesses 6 years of experience in the performance of water quality, surface and groundwater, sediment and soil sampling for a number of different constituents, including in- situ measurement for pH, temperature, conductivity, utilizing a variety of monitoring techniques. His experience includes planning and ensuring successful task completion; sample collection, documentation, storage, processing, and shipment of environmental samples. Mr. Ennis is skilled in utilizing a variety of monitoring equipment including auto and grab samplers, multi-parameter analyzers, ponar dredge, corers and other sampling devices. He is experienced in daily calibration, troubleshooting, and maintenance of sampling equipment. In addition, he has 15 years experience operating and maintaining boats and trailers and is fully qualified to operate all of Tetra Tech EC's boats, including the airboat. The projects he supports are managed to strictly comply with the SFWMD's Field Sampling Quality Manual (FSQM) and FDEP's Quality Assurance Rule and Field Sampling SOPs. PUBLICATIONS: i BS, Biology, Florida Atlantic University, Boca Raton, 2000 i i I I PROJECT EXPERIENCE: Water Quality Monitoring Consolidated Monitoring Project, South Florida Water Management District; Task Manager- Responsibilities include managing multiple task orders, supervising, planning and ensuring successful task completion; collection, documentation, storage, processing, and shipment of environmental samples associated with 7 tasks (projects). Individual task orders included within the overall project include Project 2: Allapattah Restoration (ACRA); Project 6: Regional Aquifer Storage & Recovery Surface Water (RASR); Project 7: Regional Aquifer Storage and Recovery Biological Monitoring; Project 9: St. Lucie Estuary (SE) & Indian River Lagoon (IRL); Project 10: St. Lucie Tributary (SL T); Project 14; FDEP SOP Certification for Sampling Training for Groundwater, Surface Water and Wastewater FDEP Certification for Stream Conditioning and Habitat Assessment Water Quality Monitoring (WQM); and Project 15: Caloosahatchee Release (CESWQ). All sample collection and shipping is performed in compliance with SFWMD standard operating procedures. The primary objectives of this project include obtaining accurate, verified monitoring data that fulfills District legal and permit mandates, andlor supports operational decisions, and consolidate monitoring into one work order to provide more efficient management of projects. Broward COllnty Environmental Protection Department/Environmental Monitoring Division, Natural Resource Specialist II - Responsibilities included all aspects of managing field sampling teams collecting surface and groundwater, sediment and soil samples for the County. In addition, responsible for the operation and maintenance of the sampling boats, trailers, all sampling-related equipment (YSI data loggers, real-time GPS units, turbidimeters, groundwater pumps, Niskin samplers, ponar grabs to name a few) and training of field staff and student interns. Florida Department of Environmental Protection, Environmental Specialist- Responsible for performing the field sampling efforts including collection of surface water and groundwater samples to support the District's objectives. In addition, provided supervision and leadership to the field team involved with the Stream Conditioning Index and Habitat Assessment Project. NAME A VC POSITION DATE OF BIRTH EDUCATION AND CERTIFICATES EMPLOYMENT HISTORY RESUME James L. Burney, Jr., PWS President Senior Scientist January 18, 1963 1981-1987. University of Central Florida. B.S. Biological Sciences. 1989-1995. University of Central Florida. M.S. Biological Sciences. 1997. Professional Wetland Scientist 1985-1986. U.S. Fish and Wildlife Service. Biological Technician studying protected wildlife species in central and coastal Maine. 1986-1987. Florida Game and Fresh Water Fish Commission. Biological Technician monitoring game species on wildlife management areas in central Florida. 1987-1993. Post, Buckley, Schuh, & Jernigan, Inc., Environmental Engineers and Planning. Senior Scientist. Duties included: T &E species surveys, vegetation monitoring, water quality investigations, landfill siting studies, and ecological restoration. 1993-1995. Ecotech Consultants, Inc. Senior Scientist and Project Manager. Duties included: designing created wetlands for wastewater treatment, T &E species surveys, water quality investigations, and ecological community restoration and mapping. 1995-Present. Aquatic Vegetation Control, Inc. President and Senior Scientist. General environmental consulting, ecological Burney Page 2 community mapping and restoration, and natural resource management. SUMMARY OF EXPERIENCE Sixteen years of experience as an Environmental Consultant specializing in wildlife and vegetation surveys, water quality studies, and ecological community mapping, restoration, and management. LICENSES Professinal Wetland Scientist SWS Certification FGFWFC Wildlife Collection Permit. FGFWFC License to Possess Venomous Reptiles. Florida Aquatics Herbicide AFFILIATIONS - Society of Ecological Restoration - National Association of Environmental Professionals - Society of Wetland Scientists - Florida Exotic Pest Plant Council JAMES L. BURNEY, JR. Prcsident and Scnior Scientist Aquatic Vegetation Control, Inc. With more than 15 years experience, Mr. Burney has a broad background in Ecology and Environmental Sciences encompassing a wide spectrum of project experience. CURRENT EXPERIENCE Project Manager for administering the exotic vegetation management contract for Martin County's Environmnetally Sensitive Lands Program. Duties include native and exotic vegetation inventories, vegetation community mapping, coordination of exotic treatment program, exotic species consulting, and coordination of experimental testing. Project Manager for the City of Port St. Lucie Nuisance Vegetation Control Program. Duties included coordinating and supervising the nuisance vegetation control of approximately 1100 acres of waterways, lakes, and drainage canals scattered throughout the 77 square mile city limits. Project Manager for various exotic vegetation treatment programs being conducted on public lands. Project locations include the Loxahatchee River tloodplain within Jonathan Dickinson State Park, Lake Okeechobee marshes and Everglades marshes under the SFWMD stewardship, and public waters under SC Department of Natural Resources stewardship. Environmental Consultant assisting the Northern Palm Beach County Improvement District with ecological monitoring of upland and wetland preserves under their stewardship. Primary duties include quantitative vegetation analyses, wildlife utilization documentation, and exotic vegetation mapping. PRIOR PROJECT EXPERIENCE · Projects concerning ecological restoration and management. Project Manager for the preparation of a wetland inventory and restoration plan for the 1200-acre GOAA Graves Tract. Work included digitized mapping of on-site resources, development of restoration alternatives for wetlands, predictive modeling for anticipated post-restoration wetland area, and development of a long-tenn monitoring plan to assess the effectiveness of restoration efforts. Project Manager for City of Sanford Site 10 Water Reclamation Project. Work involved preparation of a vegetation, wildlife, and water level monitoring plan, preparation of a nuisance species control plan, initiating and conducting ecological monitoring, and re-vegetating portions of the mitigation wetlands. James L Burney, Jr. Page 2 Project Coordinator for the permitting and establishment of a regional wetlands mitigation hank on the Florida Sheriff's Youth Ranches 2400-acre Indiantown tract. Duties included coordination of the permitting, engineering, and restoration plan designing for the proposed project. In addition, acted as MBRT and regulatory agency liason. Project Manager for the preparation of comprehensive vegetation community maps of The Nature Conservancy's Il,OOO-acre Disney Wilderness Preserve. Vegetation community maps of the preserve were digitized on CADD for incorporation into the preserve's GIS database. Project Manager for the development of restoration alternatives for the Lake Hatchineha Area of The Nature Conservancy's Disney Wilderness Preserve. Duties included the identification of historic and current hydroecological conditions of the preserve, the development of restoration alternatives for several large wetland areas, and the use of predictive ecological models to determine the response of vegetation and wildlife to restoration efforts. Project Biologist for the protected species surveys, exotic vegetation removal, and native plant restoration on The Nature Conservancy's Blowing Rocks Preserve. · Projects concerning the use of man-made wetland systems for the treatment of effluent from wastewater treatment facilities. Field Research Manager for the I 220-acre Orlando Easternly Wetlands Reclamation Project. Responsibilities included: coordinating water quality monitoring program, including surface and groundwater on the treatment wetland site and the receiving wetland system. coordinating vegetation monitoring program for the treatment system and the receiving wetlands. Studies included: assessing trends in productivitylbiomass, species richness, composition, and frequency; determining trends in nutrient content; and evaluating the long-term community response to altered hydrologic and fire regimes. coordinating wildlife monitoring program for the treatment system and the receiving wetlands. Studies included: survey trends in overall wildlife utilization; small mammal and herpetofauna population and life history trends; assessing the accumulation of heavy metals in fish species; and assessing the influences of birds on water quality within the treatment system. technical advisor to visiting municipalities and researchers. James L. Burney, Jr. Page 3 Project Biologist conducting f()lIow up studies for the City of Lakeland's 1400-acre wetland treatment system. Studies included surface water quality investigations, vegetation community mapping, and assessment of vegetation community shifts and trends. Project Biologist conducting siting study for a wetland treatment system for the City of Savanna, Ga. Project Biologist conducting background water quality characterization for the 180- acre wetland treatment system for Indian River County, FI. Project Biologist conducting background water quality characterization for the 300- acre wetland treatment system for the City of Titusville, Fl. · Projects concerning both game and non-game wildlife biology. Project Biologist for radio-telemetry studies of relocated and resident gopher tortoises at the University of Central Florida. Project Biologist for the relocation of gopher tortoises for: Orange County Expressway Authority beltway projects; the City of Sarasota, Fl.; and the City of Bartow, FI. Project Biologist for the re-establishment and monitoring of colonial seabird colonies (Atlantic puffin, arctic tern and common tern) at National Wildlife Refuges along the coast of Maine. Staff Biologist for the collection of data on life history and population dynamics of game species, including: white-tailed deer, gray squirrel, feral hog, wild turkey, bobwhite quail, and migratory game birds. Project Biologist for numerous projects concerned with inventorying threatened or endangered wildlife in several states, including: eastern indigo snake, redheaded woodpecker, Florida gopher frog, bog turtle, Florida scrub jay, Florida mouse, bald eagle, and listed beach mice. · Various Environmental Assessment Projects. Project Biologist involved in mapping coral heads and seagrass beds for the City of Key West. James L. Burney, Jr Page 4 Project Biologist coordinating field research activities for investigating fire effects on upland scrub communities at The Nature Conservancy's Tiger Creek Preserve. Project Biologist for the determination of waste load allocation limits into the Musconetcong River in northwest N.J. Data collection consisted of water quality, aquatic macroinvertebrates, and vegetation species richness. Project Biologist for landfill siting studies in Bradley County, Tenn., Buncombe County, N.C, and Collier County, Fl. Studies included: detailed wildlife surveys, jurisdictional wetland evaluation, and critical habitat analysis. EDUCATION AND CERTIFICATIONS B.S. Biological Sciences University of Central Florida 1987 M.S. Biological Sciences University of Central Florida 1995 Professional Wetland Scientist Certification 1997 PROFESSIONAL AFFILIATIONS National Association of Environmental Professionals Society of Wetland Scientists Society For Ecological Restoration PUBLICATIONS Burney Jr., J .L., S.T. Bacchus, and J.L. Lee. 1989. An evaluation of wildlife utilization in a man-made freshwater wetland system in Central, Florida. In 1989 Proceedings of the 16th Annual Conference on Wetland Restoration and Creation. pp 24-48. Edited by Webb, F.J. HiIlsborough Community College, Tampa, Florida. Burney, Jr., J.L. and J.M. BuWer. 1991. Wastewater treatment and habitat availability in a created freshwater wetland in east Central Florida. In Proceedings of the Third Annual Conference of the Society for Ecological Restoration. Orlando, Florida. Burney, Jr., J.L., LJ. Stout, W.K. Taylor, and J.A. Osborne. 1995. Effects of avian breeding colonies on a man-made freshwater marsh in east Central Florida. 120 pp. Masters Thesis, University of Central Florida, Orlando, Florida. NAME A VC POSITION DATE OF BIRTH EDUCA TION EMPLOYMENT HISTORY SUMMARY OF EXPERIENCE LICENSES RESUME Todd J. Olson Chief Marketing Officer Ccrtified Lake Manager May 28, 1963 1981-1986. Iowa State University B.S. Fisherics and Wildlife BiolOb'Y 1991-1992. Joyce Environmental Consultants Fisheries Biologist supervising water quality sampling, wetland surveys, crew supervisor. Participated in a tield study of the cndangered snail kite. 1992-1995. Future Horizons, Inc. V.P. Biological Sales and Service. Aquatic chemical sales, environmental consulting, water quality monitoring, aquatic weed control and aerator sales. 1995-1997. The Landings Association, Inc. Environmental Resource Supervisor. Managed 142 fresh and brackish lakes in a 4700 acre private coastal golf community. Coordinated management of wildlife, maintained environmental compliance, managed spray technicians, maintenance of storm drain system. 1998-Present. Aquatic Vegetation Control, Inc. Vice President. Project management tor natural resource projects in both uplands and wetlands, environmental consulting services, protected species surveys amd mitigation design and monitoring. Twelve years of progressive responsibility as a biologist in lake management, aquatic weed control and wildlite management. An excellent record of accomplishments in both technical and people-intensive environments. Strong managerial and leadership skills working cross-functionally at all stafflevels. -Georgia Commercial Applicator License for aquatic and right-of- way. Olson Page 2 -Florida Commerical Applicator License tor aquatic, right-ot:'way and turf and ornamental. -South Carolina Commerical Applicator License tor aquatic and right-ot:'way AFFILIA TIONS- - National Association of Environmental Professionals -North American Lake Management Society -Georgia Lake Management Society -Florida Aquatic Plant Management Society - Secretary NAME A VC POSITION TELEPHONE Business PLACE AND DATE OF BIRTH EDUCATION EMPLOYMENT HISTORY AFFILIATIONS LICENSES RESUME James L. Burney, Sf. Chief Executive Otlicer ROO-327-8745 Sanford, Florida December 26, 1938 B.S. Industrial Management Georgia Institute of Technology 1961 1961-1966. Atlanta Surgical Supply. Co- founder and owner of surgical supply company. Sold company to co-founder in 1966. 1966-1968. Southern Memorial Consultants, Inc. Sales manager for five memorial parks in S.E. 1968-1974. Johnny Bolton Ford. Truck sales manager. 1974-1983. Five Points Auto Sales. Owner. 1983-1986. P.H.K., Inc. General Manager of Aquatic Vegetation Control Division. 1986-Present. Aquatic Vegetation Control, Inc. Owner and CEO. Purchased Aquatic Division from P.RK., Inc. Florida Aquatic Plant Management Society S.c. Aquatic Plant Management Society Texas Aquatic Plant Management Society Florida Pesticide and Herbicides S.C. Pesticide and Herbicides RESUME NAME Phillip L. Young A VC POSITION Vice President, Special Operations DATE OF BIRTH April 14, 1942 EDUCATION 1962-1965. Virginia Polytechnic Institute. Studied in Agricultural Engineering EMPLOYMENT HISTORY 1967-1984. Eli Lilly & Company. Technical Supervisor for experimental station in Boynton Beach, Florida. Supervisor of all field evaluations of new aquatic and forestry control chemicals, including development research for Spike and Sonar 1984-1985. Eli Lilly & Company. Supervisor for greenhouse evaluations of new herbicides. 1985-1992. Joyce Environmental Consultants, Inc. Supervisor of Aquatics Division at the Lake Worth Office. 1992-Present. Aquatic Vegetation Control, Inc. President. SUMMARY OF EXPERIENCE Twenty four years of experience in agricultural chemical research and development with emphasis on herbicides. Five years of experience in development of equipment for agricultural packaging and herbicide application. LICENSES Florida Pesticide and Herbicides Florida Right-of-Way Herbicides AFFILIATIONS Florida Aquatic Plant Management Society RESUME NAME Garry L. Seitz, Ph.D A VC POSITION Manager, Turf and Roadside Applications EDUCATION Ph.D. Agronomy. 1974. University of Florida M.S. Agronomy. 1970. University of Arizona B.S. Agronomy. 1967. Ohio State University EMPLOYMENT 1974-1980. Chemlawn Corporation. Regional Agronomist. Assigned to research facilities in Florida and Georgia. As regional and zone agronomist. coordinated all technical aspects of branch operations and supervised other field agronomists. Organized and edited corporate training materials and conducted training classes. Worked SE US from Texas to the Carolinas. 1980-1996. Green Pastures, Inc. Owner. Supervised grassing crews on construction and ROW sites using hydroseeder, strawmulcher, and tractors. Conducted lawn care employee training schools and renovated damaged home lawns in Georgia. Started roadsaide vegetation management applying herbicides with computorized injection systems in Georgia. Expanded business to Florida while maintaining work in Georgia, Mississippi, and Tennessee. Sold company to Aquagenix, Inc. 1997-1999. Aquagenix, Inc. Chief Compliance and Safety Officer. SE and SW US duties included maintaining EPA mandated oversight stipulations such as basic pesticide training and orientation. Also conducted periodic safety training sessions and monitored use of PPE by field personnel. Wrote and initiated training materials. 2001 to Present. Aquatic Vegetation Control, Inc. Manager, Turf and Roadside Applications. SUMMARY OF EXPERIENCE Twenty six years of experience as agronomist, small business owner, and regional safety trainer in the SE and SW US. Areas of specialty include plant growth regulation and turf management for roadways, golf courses, athletic fields. airports, and military installations. Seitz Page 2 LICENSES Florida PCO license, Lawn and Ornamental Florida Commercial PCO, Turf & Ornamental, Aquatics, Right-of-Way' Georgia PC license, Turf & Ornamental. Aquatics, Right-of-Way AJ.'FILIA TIONS Florida Aquatic Plant Management Society RESUME NAME Alex Mateos A VC POSITION Progarm Manager DATE OF BIRTH November 15, 1950 EDUCATION 1968. Mexico. EMPLOYMENT HISTORY 1986-1993. Joyce Environmental Consultants, rnc. Certified Applicator in the Aquatics Division at the Lake Worth Office. 1997-Present. Aquatic Vegetation Control, Inc. Program Manager responsible for managing large and small aquatic vegetation management programs. SUMMARY OF EXPERIENCE Twelve years of experience in aquatic and terrestial vegetation managment. LICENSES Florida Pesticide and Herbicides #012945 Florida Right-of-Way Herbicides AFFILIATIONS Florida Aquatic Plant Management Society RESUME NAME George Shaw A VC POSITION Project Manager EDUCATION 1952. Watertown High School, Watertown, Conn. EMPLOYMENT HISTORY 1986-1992. Joyce Environmental Consultants, Inc. Large machine mower tield supervisor and operator. 1992-Present. Aquatic Vegetation Control, Inc. Project Manager responsible for managing large and small machine mowing operations. Also manages projects involving the mechanical removal of debris from waterways. SUMMARY OF EXPERIENCE Twelve years of experience in heavy equipment and general upland maintenance projects in the SE Unitted States. LICENSES Florida CDL Class A PROJECT EXPERIENCE NAME David H. Bosland TELEPHONE Business 800-327-8745 DATE OF BIRTH March 10 1948 EDUCATION 1966. Passaic Valley High School PROJECT HISTORY October 1992 to Present. Aquatic Vegetation Control, Inc. City of Port St. Lucie: Team Lcader for the application of aquatic herbicides by truck and airboat. Florida Department of Transportation: Team leader for the application of aquatic and ROW herbicides from truck and skiff. United Technologies, Inc. (Pratt & Whitney): Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper, asian climbing fern, melaleuca, and australian pine. Northern Palm Beach County Improvement District: Team Leader for the application of aquatic herbicides in District preserves. South Indian River Water Control District: Field Manager for the application of aquatic and ROW herbicides from truck and skiff. Fort Pierce Farms Water Control District: Field Manager for the application of aquatic and ROW herbicides from truck and skiff. SUMMARY OF EXPERIENCE Twelve years of experience with the ground application of aquatic and ROW herbicides. Duties included the application of herbicides, field supervision to other applicators, and field client relations. LICENSES Florida Aquatic and Florida Right-of-Way Herbicides #009474 AFFILIATIONS Florida Aquatic Plant Management Society PROJECT EXPERIENCE NAME Mike P. Traner TELEPHONE Rusiness 800-327-8745 DATE OF BIRTH June 2 1949 EDUCATION 1969. University of Florida PROJECT HISTORY April 17 1995 to Present. Aquatic Vegetation Control, Inc. Florida Department of Transportation: Team leader for the application of aquatic and ROW herbicides from truck and skiff. United Technologies. Inc. (Pratt & Whitney): Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper, asian climbing fern, melaleuca, and australian pine. Northern Palm Beach County Improvement District: Team Leader for the application of aquatic herbicides in District preserves. Florida Department of Transportation: Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper, asian climbing fern, melaleuca, and australian pine in mitigation areas in Dade and Monroe counties. Florida Power and Light Everglades Mitigation Bank: Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper and australian pine. SUMMARY OF and EXPERIENCE Over three years of experience with the ground application of aquatic ROW herbicides. Duties included the application of herbicides, field supervision to other applicators, and field client relations. LICENSES Florida Aquatic and Florida Right-of-Way Herbicides #011383 AFFILIATIONS Florida Aquatic Plant Management Society PROJECT EXPERIENCE NAME John J. Sullivan TELEPHONE Business 800-327-8745 DATE OF BIRTH April 23 I 963 EDUCATION 1984. AA, Palm Beach Community College 1995. BA, Florida Atlantic University PROJECT HISTORY April 14 1997 to Present. Aquatic Vegetation Control, Inc. Florida Department of Transportation: Application of aquatic and ROW herbicides from truck and skiff. United Technolol!ies. Inc. (Pratt & Whitney): Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper, asian climbing fern, melaleuca, and australian pine. Northern Palm Beach County Improvement District: Crew leader for the ground application of herbicides tor exotic vegetation, including brazilain pepper, asian climbing fern, melaleuca, and australian pine in district preserves. Florida Department of Transportation: Crew leader tor the ground application of herbicides tor exotic vegetation, including brazilain pepper. asian climbing fern, melaleuca, and australian pine in mitigation areas in Dade and Monroe counties. Florida Department of Environmental Protection: Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper and melaleuca within the St. Lucie River ButTer Preserve. Florida Department of Transportation: Division manager, Scheduled and coordinated spray crews for 225 miles of Florida Turnpike including all road conponents, ditches, lakes, canals and fenceline. Northern Palm Beach County Improvement District: Project manager for Abacoa Community in Jupiter ROWand greenway. Native vegetation plantings, including other district communities. Divosta Homes: Various communities in Palm Beach and Martin County Littoral shelves and upland plantings. National Park Service Everglades National Park-Florida Keys: Project manager and crew leader to remove Austraillian pines and other exotics from Florida Bay Islands including crocodile refuge. Palm Beach County Road and Bridge: Project manager for mitigation and restoration of county retention pond including littural zones and upland planting. Removal and treatment of exotics, and permit monitoring reports. SUMMARY OF EXPERIENCE Over two years of experience with the ground application of aquatic and ROW herbicides. Duties included the application of herbicides, field supervision to other applicators, and field client relations. LICENSES Florida Aquatic and Florida Right-of-Way Herbicides Natural Areas #012801 PROJECT EXPERIENCE NAME Jose Torres TELEPHONE Business ROO-327-8745 PROJECT HISTORY May 28 1997 to Present. Aquatic Vegetation Control, Inc. United Technologies. Inc. {Pratt & Whitney}: Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper, asian climbing fern, melaleuca, and australian pine. Northern Palm Beach County Improvement District: Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper, asian climbing fern, melaleuca, and australian pine in district preserves. Florida Department of Transportation: Crew leader for the !:,'Tound application of herbicides for exotic vegetation, including brazilain pepper, asian climbing fern, melaleuca, and australian pine in mitigation areas in Dade and Monroe counties. Florida Department of Environmental Protection: Crew leader for the ground application of herbicides tor Brazilain pepper within the Fort Pierce Inlet State Park. Palm Beach County ERM: Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper, asian climbing fern, melaleuca, and australian pine in the County's Royal Palm Pines Preserve. SUMMARY OF and EXPERIENCE Qver three years of experience with the ground application of aquatic ROW herbicides. Duties included the application of herbicides, field supervision to other applicators, and field client relations. LICENSES Florida Aquatic and Florida Right -of- Way Herbicides # pending RESUMI<: NAME Jeffrey Brian Hines POSITION Invasive Species Division Manager TELEPHONE Business 800-327-8745 DATE OF BIRTH February 22 1974 EDUCATION 1992. Jupiter High School PROJECT HISTORY October 12 1995 to Present. Aquatic Vegetation Control, Inc. South Florida Water Management District: Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper and melaleuca within the Dupuis Reserve. United Technologies, Inc. (Pratt & Whitney): Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper, asian climbing fern, mclaleuca, and australian pine. Northern Palm Beach County Improvement District: Crew leader for the ground application of herbicides tor exotic vegetation, including brazilain pepper, asian climbing fern, melaleuca, and australian pine in district preserves . Florida Department of Transportation: Crew leader for the ground application of herbicides tor exotic vegetation, including brazilain pepper, asian climbing fern, melaleuca, and australian pine in mitigation areas in Dade and Monroe counties. Florida Department of Environmental Protection: Crew leader for the ground application of herbicides tor exotic vegetation, including brazilain pepper and melaleuca within the St. Lucie River Buffer Preserve. Florida Gas Transmission: Crew leader tor the ground application of herbicides for exotic vegetation, including Pothos, asian climbing fern, and arrowhead vine in mitigation areas along the Loxahatchee River within Jonathan Dickinson State Park and SOR lands. Florida Power and Light: Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper and Australian Pine within FPL's Everglades Mitigation Bank. SUMMARY OF EXPERIENCE Over six years of experience with the ground application of aquatic and natural areas herbicides. Duties included the application of herbicides, field supervision to other applicators, and field client relations. LICENSES Florida Aquatic and Florida Right-of-Way Herbicides #011641 PROJECT EXPERIENCE NAME Scott DeBussey TELEPHONE Business 800-327-8745 EDUCATION 1989. S.D. Lee High School. Missouri. PROJECT HISTORY June 1999 to Present. Aquatic Vegetation Control, Inc. South Florida Water Manal!ement District: Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper and melaleuca within the Dupuis Reserve. United Technolol!ies, Inc. <Pratt & Whitney): Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper, asian climbing fern, melaleuca, and australian pine. Northern Palm Beach County Improvement District: Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper, asian climbing fern, meialeuca, and australian pine in district preserves . SUMMARY OF EXPERIENCE Two years of experience with the ground application of aquatic and ROW herbicides. Duties included the application of herbicides, field supervision to other applicators, and tield client relations. LICENSES Florida Aquatic and Florida Right-of-Way Herbicides #013738 PROJECT EXPERIENCE NAME Donald Wayne Ingerson TELEPHONE Business 800-327-8745 EDUCATION 1980. Altus. Oklahoma. PROJECT HISTORY February 1997 to Present. Aquatic Vegetation Control. Inc. United Technologies. Inc. (Pratt & Whitney): Crew leader for the ground application of herbicides for exotic vegetation. including brazilain pepper. asian climbing fern, melaleuca. and australian pine. Northern Palm Beach County Imorovement District: Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper. asian climbing fern, melaleuca, and australian pine in district preserves. Florida Deoartment of Transoortation: Crew leader for the ground application of herbicides for exotic vegetation. including brazilain pepper. asian climbing fern, melaleuca, and australian pine in mitigation areas in Dade and Monroe counties. Florida Deoartment of Environmental Protection: Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper and melaleuca within the St. Lucie River Buffer Preserve. City of Homestead: Crew leader for the ground application of herbicides for un-wanted vegetation, including Ardesia. brazilain pepper. cattails, and taro within the City's 160-ac Mitigation Preserve. SUMMARY OF EXPERIENCE Over two years of experience with the ground application of aquatic and ROW herbicides. Duties included the application of herbicides, field supervision to other applicators, and tield client relations. LICENSES Core Pesticide and Florida Right-of-Way Herbicides #013524 PROJECT EXPERIENCE NAME Salvador Medina TELEPHONE Business 800-327-8745 PROJECT HISTORY October 8 1998 to Present. Aquatic Vegetation Control, Inc. United Technologies, Inc. (Pratt & Whitney): Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper, asian climbing fern, melaleuca, and australian pine. Northern Palm Beach County Improvement District: Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper, asian climbing fern, melaleuca, and australian pine in district preserves . Florida Department of Environmental Protection: Crew leader for the ground application of herbicides for Brazilain pepper within the Fort Pierce Inlet State Park. Palm Beach County ERM: Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper, asian climbing fern, melaleuca, and australian pine in the County's Royal Palm Pines Preserve. Martin County: Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper, asian climbing fern, melaleuca, and australian pine within the County's environmental lands program. SUMMARY OF EXPERIENCE Over two years of experience with the ground application of aquatic and ROW herbicides. Duties included the application of herbicides, field supervision to other applicators, and field client relations. LICENSES Florida Aquatic and Florida Right-of-Way Herbicides #013639 PROJECT EXPERIENCE NAME Tom Faunce TELEPHONE Business 800-327-8745 PROJECT HISTORY July 30, 1999 to Present. Aquatic Vegetation Control, Inc. United Technologies, Inc. (Pratt & Whitney): Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper, asian climbing fem, melaleuca, and australian pine. Palm Beach County ERM: Crew leader for the !:,'Tound application of herbicides for exotic vegetation, including brazilain pepper, asian climbing fern, melaleuca, and australian pine in the County's Royal Palm Pines Preserve. Northern Palm Beach County Improvement District: Herbicide applicator for drainage ROWs and canals within the District. Operates invert and conventional spray rigs. City of Palm Beach Gardens: Herbicide applicator for drainage ROWs and canals within the City. Operates invert and conventional spray rigs. SUMMARY OF EXPERIENCE Over nine years of experience with the ground application of aquatic and ROW herbicides while employed at public and private agencies. Duties included the application of herbicides, field supervision to other applicators, and field client relations. LICENSES Florida Aquatic and Florida Right-of-Way Herbicides #019711 PROJECT EXPERIENCE NAME Ashley Stone TELEPHONE Business 800-327-8745 EDUCATION 1994. Lake Worth. Florida. PROJECT HISTORY May 15, 2000 to Present. Aquatic Vegetation Control, Inc. Northem Palm Beach County Improvement District: Herbicde applicator for ROWs and drainage canals within the District. Florida Department of Transportation: Herbicde applicator for ROWs, medians, headwalls, and guardrails along 1-95 and the Turnpike in Palm Beach, Dade, and Monroe counties. City of West Palm Beach: Crew leader for the ground application of herbicides for exotic vegetation, primarily melaleuca, pepper, and climbing fern, in the City's 13,000 acre drinking water catchment area.. City of Palm Beach Gardens: Herbicde applicator for ROWs and drainage canals within the City. SUMMARY OF EXPERIENCE Over five years of experience with the ground application of aquatic and ROW herbicides. Duties included the application of herbicides, tield supervision to other applicators, and tield client relations. LICENSES Florida Aquatic and Florida Right-of-Way Herbicides #014003 PROJECT EXPERIENCE NAME Gabriel Evangelista TELEPHONE Business . 800-327-8745 PROJECT HISTORY August 28, 1997 to Prescnt. Aquatic Vegetation Control, Inc. United Technologies, Inc. (Pratt & Whitney): Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper, asian climbing fern, melaleuca, and australian pine. Northern Palm Beach County Improvement District: Crew leader for the ground application of herbicides for exotic vegetation, including brazilain pepper, asian climbing fern, melaleuca, and australian pine in district ROWs. Also lead crews for the manual removal of debris and unwanted vegetation on various District work orders Florida Deoartment of Environmental Protection: Crew leader for the bJfound application of herbicides for Brazilain pepper within the Fort Pierce Inlet State Park. Florida Department of Transportation: Crew leader for the bJfound application of herbicides for exotic vegetation, including brazilain pepper and melaleuca along interstate ROWs. North Palm Beach Heights Improvement District: Crew leader for manual control of unwanted vegetation within the District drainage ROWs. SUMMARY OF EXPERIENCE Over four years of experience with the ground application of aquatic and ROW herbicides. Duties included the manual control of unwanted vegetation, application of herbicides, field supervision to other applicators, and field client relations. LICENSES Florida Aquatic and Florida Right-of-Way Herbicides # pending Mangrove Mitigation Area Maintenance Appendix B Tetra Tech EC Terms and Conditions & Rate Sheets [~) TETRA TECH EC.INC TETRA TECH EC, INC. TERMS AND CONDITIONS ENVIRONMENTAL, CONSULTING, SCIENTIFIC AND RELATED SERVICES I. DEFINITIONS AND CONTRA<.. FORMATION. (a) "Client" ,hall mean the person or entity identified in the Tetra Tech EC Inc. "TtEC" Proposal for whom Services are to he perfonned. Ih) "TtEC" ,hall mean the Tetra Tech EC Inc. Ic) "Client Order" shalllnean the purchase order. request. authorization or other notitkation. and additions or modifications thereto whereby Client indicates its desire that TtEC furnish Services. (d) "TtEC Proposal" shall mean these tenns and conditions and the letter. proposal. quotation. or other notification. including any response to the Client Order. wherein TtEC offers to furnish Services. IC) "Services" shall mean the Services of TtEC personnel descrihed in the TtEC Proposal or Client Order and any other Services as may be added to. or perfonned in connection with. the Contract. If) "Contract" shall mean these TemlS and Conditions and the TtEC Proposal. and shall include. only to the extent not inconsistent with any aspe..:t of the TtEC Proposal and these Terms and Conditions. the provisions of the Client Order. Upon execution by Client or commencement of Services at Client's request. Ttl-:C's Proposal and these Terms and Conditions shall constitute a binding Contract and govern exclusively any Services provided, 2. COMPENSATION. Unless otherwise specified in the TtEC Proposal. TtEC shall be compensated as follows: la) Client shall pay TtEC at TtEC's customary ratcs applicahle to the personnel and for the time actually engaged in supplying Services, Such rates are subject to adjustment periodically; (b) Client shall also reimburse TtEC at cost plus live percent L'i'7c) for its expenses. including travel. living. and incidental expenses allowed to personnel while cngaged in performance of Services away from TtEC's officcs. cost of reproduction. telegraph and telephone. and other out-of-pocket expenses as may he necessary in perfonning Services. Subcontractors. consultants. ete. will he hilled at cost plus twenty percent (20'IC). Use of computer. word processing equipment. and other equipment. if required. will be invoiced at TtEC's customary r.lles. Should nonexempt personnel be required to work overtime. such personnel will receive overtime compensation. the premium portion of which will also be billed to Client at TtEC's cost. TtEC's invoices are rendered and are payable upon receipt. Interest at the rate of two percent (2'7c) over prevailing prime rate shall be charged on a monthly basis on any amounts not paid within thirty (\0) days of invoice submittal. TtEC may terminate its services if any invoice is unpaid for sixty (60) days; (c) TtEe. its ofticers. emploYL'Cs. or consultants may he asked or required to appear as a witness or deponent. to furnish infonnation or data through interrogatories. or otherwise be compelled to participate in. administrative or judicial proceedings arising in connection with a Client's project. In that event and notwithstanding expiration or termination or this Contract. Client shall compensate TtEC in accordance lA<ith (a) and (b) above and reimburse TtEC for reasonable kgal expenses incurred in connection therewith. provided. however. that the provisions of Article 5. helow. shall govern in the event TtEC is found to he at fault. 3. CONFIDENTIALITY, ACCF.sS TO SITE, USE OF FACILITIES AND INFORMATION. Client shall provide TtEC with access to facilities and infonnation conducive to the efficient and accurate provision of Services. including such maps. drawings. and records as are needed for the proper conduct of the Services. and shall indicate the reliability of all infornlation provided. TtEC will maintain in confidence and return to Client any information designated by Client as contidential. 4. INSURANCE. (al During the course of perfomlanee of the Services. nEC will maintain the following insurance coverages: TYPE OF COVERAGE AMOUNT OF COVERAGE Workers' Compensation/Employers Liability Statutory/$I.OOO.(X)() Commercial General Liability/Excess Liability S I.OOOJlOO/S4.000.(X)() Contractors Pollution Liability S I. 000.000 Aulomobile Public Liability and Property Damage, including coverage for all hired or non-owned automotive equipment used in connection with the insured's operations. S I.OOOJM)O (b) If required. TtEC shall deliver to Client. Certificates evidencing that the above coverages are in effect and will not he canceled or materially changed without thirty no) days written notice; (c) Additional Coverages: If desired. TtEC. will on a cost-reimbursable t>asis. endeavor to procure other desired insurance coverages if commercially available and applicable to the work being performed. 5. INDEMNIFICA TION. TtEC shall indemnify .md save hannless Client from claims, aClions and judgmems arising out of bodily injury. death or damage to physical property of third parties to the extent caused by the negligence of TtEC Environmental. Consulting. Sciemific and Related Serv ices Project Initiation/Operations Procedure PO-~. Attachment 2 (Version Date 03/241(5) Page I of :2 6. WARRANTY OF SERVICES. TtEC warrants that TtEC and its employo:es shall. in performing Servi~es hereunder. exo:r~ise the (kgree of skill. ~are and diligem:e ~on,i,tent with customarily accepted good pra~tices and procedures at the time and locatiun and for the type of Servi~cs pt:rfonned. Should TtEC fail to perfonn to those standards. it shallla) without wst to Clien!. rept:rtorm and correct any suhstandard Services: and tb) reimburse Client for Client's dire~t damages or otherwise comct faulty pertilnuance. to the extent resulting from such substandard Services. Services involving such activities as the, prediction of ecological or health impacts. population assessments. wetland delineations. air or water modeling. scheduling, and ~ost estimating arc highly sensitive to ~hanges in regulatory and scientitic criteria. methodologies and interpretations thereof and require the balance of diverse. often contlicting. Client business. economic. legal and other priorities. Client a~knuwledges these ~onditions and accepts the risk that. although TtEC may perform to the ahove standards. the Client's goals or desires may nevertheless not be achieved. TtEC makes no other warranties. express or implied. with respect to its pertonnance under this Contract. TtEC's liability hereunder. including any for damage to or loss of Client property. ,hall in no cvent extend heyond one year after completion of the Services in question or ex~t:ed the amount specitied in Article 7 helow. 7. TtEe LIABILITY. TtEC's total aggregate liability in ~onnection with or arising out of the Contmct or Services. including without limitation any under Articlc, 5 and 6 ahow. shall in no even! ex~t:ed the total amoun! of compensation paid to TtEC hereunder up to a maximum amount of S250.000. 8. CONSEQUENTIAL DAMAGES AND OTHER LIABILITIES. TtEC and its employt:es shall in no event he liable for any spe~ial. indirect or consequen!ial damages. including specifically but without limitation. any based un loss of protits or revenue. loss of or interterence. whether ur not by third parties. with full or partial use of any ~quipment, facility or property. including real property. ~ost of replacement power. energy or product. delay in or failure to pertonn ur to obtain pem1its or approvals. ~ost of ~apital. loss of goodwilL claims uf ~ustomers. tines or penalties assessed against Client or similar damages. These tem1S provide allocations of risk and reward consistenl with the nature and extent of the Services and to that end include (i) prole~tions against. and limitations on. liability of TtEC and tii) specific remedies of Client whi~h shall he its sole and exclusive remedies. The allocations, including wilhoutlimitation those set forth above and under Articles 6. 7. I-! and II. shall survive this contract and apply to the fullest extent allowed by law irrespective of whether liability of TtEC is claimed. or found. to be based in ~ontract. tort or otherwise (including negligence. wammty. indemnity and strict liability) and Client hereby waives all rights of re~overy and assumes all risks beyond those expli~itly allocated tu TtEC herein. 9. UEtA YS. Neither party shall be considered in default in the pt:rtommnee of its obligations hereunder to the exten! that the pertonnance of su~h ubligations is prevented or delayed by any cause which is heyond the reasonable control of the affected party. and the time for performance of either party hereunder shall in such event he extended lllr a period equal to any time lost as a result thereof. and an equitable adjustment shall he made to TtEC's ~ompensation. 10. THIRI) PARTY INTERESTS. This Contract and the Servi~es and Work Product produced hereunder are solely for the benetit of Client and are nol intended to he for the henctit. or to he construed as ~reating rights in favor. of any third party, If Client is not the ultimate beneficiary of the Servi~es or TtEC's wurk produ~t is used in such a way iLS to create or induce any relian~e by any third party. Client represents and warrants (i) that it shall bind its clients and/or such third parties to limitations un and protections against liahility "prote~tive provisions" commensurate with those afforded TtEC hereunder and that su~h protective provisions will. in fact. inure to the benetit of TtEe. alllVor (ii) that Client has the power to act on behalf of its clients ,md/or su~h third parties and does hereby bind such parties to these prote~tive provisions, 11. CHAN(;ES AND TERMINA nON, This Contract shall not he modified ex~ept by written agrt:ement signed by hoth parties. Client shall have the right to make ~hanges within the gener.ll s~opt: of Servi~es upon exe~ution uf a mutually accepto:d ~hange order. Client shall also have the right to to:rminate this Conlract prior to ~ompletion of the Services. atier reasonahle notice to TtEC in writing. in which event Client shall pay TtEC all amounts due TtEC hereunder up to the effective date of tennination. plus TtEC's reasonahle ~osts incurred after su~h date in terminating the Services. In the event that Clien! allt:ges breach on behalf of TtEC. Client shall afford TtEC in 30 days written notice to ~ure any alleged deticien~y prior tu termination. Recognizing that termination prior to ~ompletion may involve risks and exposures both as to cost of work and third party claims. Client shall in su~h event indemnify. protect and defend TtEC from claims arising out of any incomplete aspect of the Services. 12. GOVERNING LAW. PRECEDENCE AND DlVISmILITy. Unless spe~ified utherwise in Client orders. this Agrt:ement shall he governed by the laws of the State of New Jersey excluding ~huiee uf law rules which direct application of the laws of another jurisdiction. The provisions of the TtEC Proposal and these Tenns and Conditions shall govern exclusively any Services furnished by TtEC and shall prevail over and render void any inconsisten! or conflicting provision of the Client Order. If any tenn. ~ondition. provision or portion of this Contract is declared void or unenforeeable. or limited in its application or effect. such event shall not alfect any other provision or portion hereof. All uther provisions and unaffected portions thereof shall remain fully cnfor~eable and an adjustment in the cumpensation or other provisions shall he made with the purpose of equitably effecting the intent of the Contract to the maximum extenl allowed by law. 13. ENTIRE AGREEMENT. This Contract contains the entire agreement betwt:en the parties as to the Services rendered hereunder. All previous or contemporaneous agreements. representations. waJTanties. promises. and wnditions relating to the subject matter of this Cuntra~t are superseded by this Contract. ACCEPTED BY: CONTRACT OR PROJECT NAJ\,IE CLIENT BY TtEC !PRINT NAME) BY IPRINT NAME) TITLE TITLE SIGNATURE IDA TE SIGNATURE /DATE Environmental. Consulting. S~ientilic and Related Services Proje~t Initiation/Operations Procedure 1'0-3. Atta~hment 2 (Version Date 03/24/05) Page 2 of 2 Boynton Beach CRA TETRA TECH EC INC. HOURLY LABOR POSITION RATE Senior Consultant $215 Department Head / Sr. Project Manager $170 T ask Manager $135 Senior Engineer $125 Engineer $110 Associate Engineer $90 Engineering Technician $75 Field Representative $68 Secretary * $50 Cadd * $65 TRAVEL Mileage All other travel at cost plus 10% RATE $0.4450 OTHER DIRECT COSTS PC.GIS/CADD Usage Photocopies All other ODCs at cost plus 10% RATE $8.52 $0.15 SUBCONTRACTORS Billed at cost plus 10% The above labor rates are valid through December, 2005 * The noted classifications are eligible for premium overtime BOYNTON BEACH CRA AQUATIC VEGETATION CONTROL, INC. DESCRIPTION RATE UNIT/MEASURE STAFF BIOLOGIST $75.00 HOUR PROJECT MANAGER $70.00 HOUR CREW SUPERVISOR $52.00 HOUR CERTIFIED APPLICATOR $45.00 HOUR LABORER $20.00 HOUR EQUIPMENT BOA T/SKIFF/SPRA YER $10.00 HOUR BOAT/SKIFF $8.00 HOUR VAN $12.00 HOUR DUMP TRUCK $16.00 HOUR TRUCK W/ SPRAYER $12.00 HOUR TRUCK $10.00 HOUR AIRBOAT $14.00 HOUR AIRBOAT W/ EXTRA FUEL $16.00 HOUR SPRAY BUGGY (VW) $8.00 HOUR SWAMP BUGGY $20.00 HOUR MULE/PUG $8.00 HOUR ARGO $10.00 HOUR ATV $9.00 HOUR CHIPPER $30.00 HOUR 60" ZTR MOWER $8.00 HOUR BACKPACK $1.00 HOUR CHAINSAW $2.00 HOUR [-..:] TETRA TECH EC. INC. Mangrove Mitigation Area Maintenance Appendix C Florida EPPC Plant List :rforida Exotic Pest Plant Council's 2005 List of Invasive Species Category I - Invasive exotics that are altering native plant communities by displacing native species. changing community structures or ecological functions. or hybridizing with natives. This definition does not rely on the economic severity or geographic range of the problem, but on the documented ecological damage caused, Scientific Name Common Name EPPC Gov. Reg. Cat. list Dist. !\brus nrecatorius rosary pea I C,S !\cacia auriculiformis earleaf acacia I S !\lbizia iulibrissin mimosa. silk tree I N,C !\lbizia lebbeck woman's tongue I C,S !\rdisia crenata (= A. coral ardisia I N.C crenulata ) IArdisia ellilJtica (=A. shoebutton ardisia I S humi/is) IAsnaral'us aethionicus (= asparagus- fern I C,S V\, sprengeri; A. 'r:fensiflorus misapplied) auhinia variepata orchid tree I C,S ischofia iavanica bischotia I C.S alonhvl/um antillanum santa maria (names "mast I S (=C calaba; C wood." "Alexandrian laurel" inophyl/um misapplied) used in cultivation) Casuarina eauisetifolia Australian pine I p N,C,S Casuarina fllauca suckering Australian pine I P C,S Cinnamomum camnhora camphor-tree I N,C,S Colocasia esculenta wild taro I N,C,S Colubrina asiatica lather leaf I S Cunanionsis carrotwood [ N C.S nacardioides ioscorea alala winged yam I N N.C,S ioscorea bulbifera air-potato I N N,C.S ichhomia crassines water - h yaci nth I P N,C,S upenia uniflora Surinam cherry I C.S icus microcama (F. laurel fig I C,S nitida and F. retusa var. nitida misapplied) rvdrilla verticil/ala hydrilla I P,U N,C.S rVl'ronhila nolvsnerma green hygro I P,U N,C,S vmenachne West Indian marsh grass [ C. S amnlexicaulis mnerata cvlindrica (I, cogon grass I N,U N, C, S brasiliensis misapplied) oomoea aauatica waterspinach I P,U C asminurn dichotornum Gold Coast iasmine I C,S asminum flurninense Brazilian jasmine I C,S ',antana camara lantana, shrub verbena I N.C,S jpustrum lucidurn glossy privet I N.C if if!Ustrum sinense Chinese privet. hedge privet I N,C,S r nnieera ianoniea Japanese honeysuckle I N.C,S .vvodium ianonieum Japanese climbing fern I N N,C,S .vvodium mieronhvllum Old World climbing fern I N C,S -:tadadvena unvuis-eati eat's claw vine I N.C, S l,4anilkara 7anota sapodilla I S l,4elaleuea nuinnuenervia melaleuca, paper bark I P,N,U C,S Wimosa nivra catclaw mimosa I P,N,U C,S Nandina domestiea nandina. heavenly bamboo I N,C Nenhrolenis eordifolia sword fern I N.C.S Nenhrolenis multiflora Asian sword fern I C,S Nevraudia revnaudiana Burma reed. cane grass I N S iPaederia cruddasiana sewer vine, onion vine I N S Ipaederiar;;etida skunk vine I N N,C 1Panieum renens torpedo grass I N,C.S Pennisetum nurnureum Napier grass I C.S IPistia stratiotes waterlettuce I P N,C,S Ipsidium eattleianum strawberry guava I C,S (=P. littorale) Psidium f!Uaiava guava I C,S Pueraria montana var. kudzu I N,U N,C. S lobata (=P. lobata) Rhodomvrtus tomentosa downy rose-myrtle I N C,S Rhoeo spathaeea (see Tradeseantia spathaeea) Rhvnehelvtrum renens Natal grass I N.C,S Ruellia tweediana (= Mexican petunia I N,C. S R, brittoniana) Sa')ium sebiferum (= popcorn tree, Chinese tallow I N N,C.S Trieuleca sebifera) tree Seaevola taeeada scaevola. half-flower, beach I C.s (=Seaevola serieea. S. naupaka ruteseens) Sehefflera aetinonhvlla schefflera. Queensland I C.S (=Brassaia aetinophyl/a) umbrella tree Sehinus terebinth~lius Brazilian pepper I P,N N,C, S Senna nendula var. climbing cassia. Christmas I C.S glabrata (=Cassia cassia. Christmas senna eo/uteoides) So/anum tamnieense wetland night shade, aquatic I N,U C.S (=S. houstonii) soda apple '\olanum viarum tropical soda apple I N,U N.C, S ,(;-:"nvonium nodonll\1/um arrowhead vine I C. S Svzwium cumini jambolan. Java plum I C.S Tectaria incisa incised halberd fern I S Thesnesia nonulnea seaside mahoe I C. S Tradescantia Iluminensis white-flowered wandering I N.C jew Tradescantia snathacea oyster plant I S (= Rhoeo spathacea, Rhoeo discolor) Urochloa mutica ( = Para grass I C.S Brachiaria mutica) fl ~[I' Native ,~ Technologies COpy 814 South Military Trail Deerfield Beach, Florida 33442 Phone 954.596.2411 . 888.301.1707 Fax 954.480.6249 www.nativetechnologiesinc.com Boynton Beach Community Redevelopment Agency Request for Proposal Maintenance of Mangrove Mitigation Areas State Certificate # CB-C038946 fl ~(~Native ,~- Technologies 814 South Military Trail Deerfield Beach, Florida 33442 Phone 954.596.2411 . 888.301.1707 Fax 954.480.6249 September 14,2006 Boynton Beach Community Redevelopment Agency Ms. Vivian L. Brooks CRA Planning Director 915 South Federal Highway Boynton Beach, FL 33435 RE: Request for Proposal Maintenance of Mangrove Mitigation Areas Dear Ms. Brooks and Selection Committee Members: Native Technologies, Inc. (NT!) is pleased to submit our proposal for the five-year maintenance of the newly created mangrove mitigation area located in Jaycee Park and the Boynton Beach Promenade. The following documents are enclosed for your review: I. Maintenance Proposal 2. Corporate Overview 3. Organizational Chart & Key Personnel Biographies 4. References 5. Photographs of project sites 6. Corporate Equipment List 7. Certificate of Good Standing 8. Certification of Drug-Free Workplace Program 9. Licenses and Insurance Due to our successful track record, we believe that NT! is uniquely positioned to provide the Boynton Beach Community Redevelopment Agency with personalized, cost-effective, on-time maintenance services. We at Native Technologies, Inc. thank you for the opportunity to provide our qualifications for your consideration and we look forward to working with the Boynton Beach Community Redevelopment Agency in the near future. OLOGIES, INC. ROOert B. Miller Chief Operating Officer State Certificate # CB-C038946 Native Technologies™ A We~andsbank Group Company CLIENT: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROJECT: MANGROVE AREA MITIGATION OF JAYCEE PARK AND BOYNTON BEACH PROMENADE PROJECT LOCATION: BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA RE: EXOTIC MAINTENANCE DATE: September 14, 2006 Native Technologies (NT!) is pleased to provide this proposal in accordance with the following scope of services: EXOTIC MAINTENANCE: 1. Native Technologies, Inc. shall perform monthly maintenance for five (5) years for a total of sixty (60) maintenance events of exotic and nuisance plant species at the above referenced projects. 2. The events will be conducted to ensure that the mitigation sites contain less than five (5) percent coverage of FLEPPC category one exotic and nuisance plant speCIes. 3. Only EP A certified herbicides will be used and applied under the supervision of State of Florida Licensed Pesticide Applicators. 4. NT! shall remove all trash and debris as necessary. 5. NTI shall submit monthly reports on maintenance activities. NOT INCLUDED: Planting, sodding, seeding, mulching, water and/or soil sampling and associated laboratory analysis, continuous hydro graphs, surveys, orange barricade fencing, surveying, maintenance of traffic, excess soil disposal, erosion controls, dewatering, monitoring, demolitions, location of underground utilities, and fence removal. 814 South Military Trail, Building 6 . Deerfie1d Beach, FL 33442 888.301.1707 . 954.596.2411 . Fax 954.480.6249 . www.nativetechnologiesinc.com / r ,; 1..-' State Certificate # CB-C038946 Printed on recycled paper@ OTHER CONDITIONS: I. NTI shall not be responsible for acts beyond its reasonable control, adverse soil andlor water quality, or negligence by others including inappropriate engineering or design. 2. NT! shall not be responsible for any hydrologic issues related to the site. 3. Client shall be responsible for obtaining and paying for any and all permits required for the above stated work prior to commencement of the work and at no cost to Native Technologies, Inc. 4. Invoices submitted for work completed shall be paid within 30 day of receipt. A finance charge of 1.500% per month or an annual percentage rate of 18.000% will be computed on all past due balances. 5. In the event that additional plants, vines, trees etc. are added to the FLEPPC "List of Invasive Species," NT! reserves the right to adjust this contract if additional work is required. 6. Any incidental activity not explicitly mentioned in this proposal is excluded from the scope of work. 7. This proposal shall be valid for 30 days. CONTRACT FEES: 1. NT! agrees to provide the above stated Exotic Maintenance services for the total sum of $97,015.20 and for the sum of $1,616.92 per event. 2. NT! agrees to provide Over and Above Exotic Maintenance services for the rate of $222.04 per hour. Submitted by: Accepted by: .\ " I / f ' ; . J Ro ert '.' Miller Chief Operating Officer Native Technologies, Inc. 2 ~fL . -- NatIve ,~ Technologies 814 South Military Trail Deerfield Beach, Florida 33442 Phone 954.596.2411 . 888.301.1707 Fax 954.480.6249 CORPORATE OVERVIEW Native Technologies is a full-service, Florida-based company that specializes in project management, construction, planting, exotic removal, maintenance and monitoring of a wide range of ecosystems. The firm was established to provide clients with the highest quality professional and personal service at a competitive cost. Native Technologies has been in business since 1995. Native Technologies has completed a number of wetland mitigation projects in both the public and private sectors that vary in size from five acres to over 2,778 acres. Our main focus is on the construction of wetland mitigation projects. This work may involve removing exotic or nuisance species such as Cattail and Torpedo grass from existing mitigation sites or Melaleuca and Brazilian Pepper from new mitigation sites, stump grinding, earthwork, restoring hydrology, or planting. In addition, we are highly skilled in the long-term maintenance and management of large wetland mitigation banks. Native Technologies staff is comprised of highly trained and licensed biologists and technicians with practical field experience in biology, hydrology, soils and horticulture. This training and experience is designed to ensure that every project is completed on time, within specifications and in a manner consistent with our quality standards. The Native Technologies, Inc. staff consists of: · Chief Operating Officer, Robert "Rob" Miller has extensive experience in the management of wetland restoration and wetland related projects, is a state licensed general contractor and restricted use pesticide applicator with additional certification in Aquatic and Right-of-Way application. Mr. Miller is currently working with numerous local and regional developers to create mitigation solutions including on- site mitigation and native planting, which comprise the design, construction, planting, monitoring and maintenance of a wide range of ecosystems. · Board Member and President, Eur Ing David L. John, P.E., C.E.P., is recognized as a founder of modem wetlands mitigation banking. Mr. John provides innovative leadership and strong oversight in developing methodologies for enhancing and preserving natural resources. · Board Member and General Counsel, George I. Platt, Esquire, is a co-founder of Native Technologies, Inc. and Florida Wetlands bank. During the past twenty-six years, Mr. Platt's has focused on real estate development, land use, environmental issues, regulatory law and government related matters. Mr. Platt has written and lectured extensively on mitigation banking. He is a former Broward County State Certificate # CB-C038946 Commissioner and has held numerous leadership positions in government and civic organizations. · Operations Manager, Wayne Hall is responsible for helping manage the marketing, estimating, construction, planting and maintenance operations of Native Technologies, Inc. He provides administrative direction to on-site superintendents and crew to ensure projects are completed on schedule, within budget and to specifications. · Assistant Operations Manager, Chris McDonald is responsible for supervising the daily on-site operations of a variety of construction projects which include pre- construction preparations, coordinating and scheduling subcontractors and suppliers, permitting, coordinating inspections, project quality control and safety. · Estimator, Philippe Pelissier is responsible for obtaining and analyzing all required data to assemble estimates for bidding purposes or direct proposal. · Field Biologist, Janine Bacquie is responsible for the planting, maintenance and monitoring of an array of projects which include wetland, transitional and upland habitats and their wildlife as part of mitigation, ecosystem management and/or habitat restoration efforts that promote the protection and enhancement of valuable Florida habitat. · Cost Accountant, Liliana Pannone is responsible for preparing job cost and other analyses. · Operations Administrator, Yvette DeLawyer, is responsible for contract administration, contract change orders, submittals, notice to owners, accounts receivable, preparation of requisitions and subcontractor agreements. She is also responsible for researching new business opportunities, assessing bid requirements, producing bid packages, tracking bids, tracking project costs and preparing project status reports Native Technologies geographic area extends to both coasts of Florida from Orlando to the Keys on the East Coast and from Sarasota County to Marco Island on the West Coast. Native Technologies, Inc. has completed numerous contracts in the Everglades for the U.S. Fish and Wildlife Service and the State of Florida Fish and Wildlife Conservation Commission. Native Technologies is accustomed to working as part of a team. We work closely with environmental consultants and clients to assure full compliance with all contract requirements. All of our personnel are equipped with cellular telephones, paging equipment and are in constant contact with corporate headquarters and field facilities. Native Technologies maintains an impeccable reputation with environmental consultants as well as local, state and federal wetland regulatory agencies. This has been accomplished by the timely delivery of information in a clear, accurate and concise manner. NTI has received numerous accolades from the regulatory agencies regarding the accuracy and detail of our biological monitoring reports. 1(; [} Director of Operations Wayne Hall I '~~ Board of Directors David L. John, President and Chairman George I. Platt, Vice President and Secretary Robert H. Miller, Vice President Chief Operating Office'! , Robert B. Miller Chief Estimator Philippe Pelissier Executive Administrator ',Michele Tedrick Sales & Business Development Elizabeth Gilmour .,g ;1 A~~~~~~::or I Yvette DeLawyer [I Accountant Julie Starkoff I HR Manager Michele Tedrick Eur Ing David L. John, P.E., C.E.P., P.W.S. Partner/President Native Technologies Education: · Bachelor of Engineering with Honors in Civil Engineering, Auckland University of New Zealand, 1977 · Master of Business Administration, with merit, Nova University, 1993 Relevant Professional Experience: David John is recognized as a founder of wetlands mitigation banking. In his capacity as partner and President of Native Technologies, Inc., Mr. John provides national, innovative and entrepreneurial leadership in developing methodologies for enhancing and preserving natural resources. Mr. John's professional and civic activities include membership to the American Society of Civil Engineers, the United States National Association of Environmental Professionals, the Florida Engineering Society, the Institute of Civil Engineers of Great Britain and the United States Society of Wetlands Scientists. Mr. John is registered with the State of Florida, New Zealand, Great Britain and the European Community as a professional engineer. The European Federation of National Engineering Associations has awarded him the title of European Engineer (Eur Ing). Additionally, he is a certified environmental professional with the National Association of Environmental Professionals and a professional wetland scientist with the United States Society of Wetland Scientists. Email: djohn@wetlandsbank.com George I. Platt Partner, Secretary and General Counsel Native Technologies Education: . RA., University of North Carolina, Chapel Hill, NC, 1966, Majored in Political Science . J.D., Northeastern University School of Law, Boston, MA, 1972 Relevant Professional Experience: George I. Platt, General Counsel of Native Technologies, Inc. and its affiliated companies, is also the Managing Partner of the Fort Lauderdale office of Shutts & Bowen, LLP. During the past twenty-nine years, Mr. Platt's practice has focused on real estate development, land use, environmental issues, regulatory law and government related matters. He is one of the architects of modem mitigation banking in the United States and was a founder of the Florida Wetlandsbank Mitigation Bank in Pembroke Pines, Florida. Mr. Platt has written and lectured extensively on mitigation banking and wetlands issues. Mr. Platt holds his undergraduate degree from the University of North Carolina at Chapel Hill and his J.D. law degree from Northeastern University School of Law in Boston. Mr. Platt is a former County Commissioner in Broward County, Florida and has held numerous appointed positions including: chairman of the Metropolitan Planning Organization, member of the South Florida Regional Planning Council, member of the Lower East Coast Water Supply Advisory Plan Committee, Chairman of the Florida Board of Community Colleges and Chairman of the Florida Atlantic University Foundation Board of Trustees. He previously served as a Board Member of the National Wetlands Coalition and Treasurer of the Florida Democratic Party. Mr. Platt helped found the National Mitigation Bankers Association where he currently serves as a Board Member. Email: gplatt@wetlandsbank.com Robert B. Miller Senior Vice President Native Technologies, Inc. Registrations and Certifications: . State of Florida Certified Building Contractor License CBC 038946, 1988 · Commercial Applicator Restricted Use License, Aquatic Certification, License No. 01 1368, 1995, State of Florida Department of Agriculture · Hillsborough Community College, Inter-Agency Basic Prescribed Fire Training Course, 2003 Education: . Majored in Building Construction, Dean Junior College, MA, 1976-77 Experience: Panther Island Mitigation Bank Naples, FL $2.5M 1999 City of Pembroke Pines & Florida WetIands Bank, Pembroke Pines, FL $678,000.00 1998 Hillsboro Pinel and Natural Area Coconut Creek, FL $675,376.41 2003 References: Robert Legg, Miller Legg & Associates, Inc. Jim David, St. Lucie County Mosquito Control Tim Durham, Wilson Miller Inc. (954) 436-7000 (561) 462-1692 (941) 649-4040 Mr. Miller is responsible for corporate expansion, project management and administration. Additional responsibilities include: contracting, estimating, regulatory agency coordination and permitting, management of design and construction teams consisting of consulting engineers, operations managers, biologists and field superintendents. He also supervises all construction activities and oversees the development and implementation of processes and procedures for the coordinated operations of the company. Wayne Hall Director of Operations Native Technologies, Inc. Education: . Basic Non-Commissioned Officer Course, u.s. Army, Bad Tolz, FRG, 1990 . Primary Leadership Development Course, U.S. Army, Nuremberg, FRG, 1989 . Military Equipment Operators Course, U.S. Army, Fort Campbell, KY, 1987 Relevant Professional Experience: As Director of Operations, Wayne Hall is responsible for estimating, construction programming, labor management and construction supervision. He provides administrative direction to on-site superintendents and crew to ensure projects are completed on schedule, within budget and to specifications. He has extensive experience with heavy machinery used in land clearing and earthmoving operations, focusing primarily in wetland ecosystems. Prior to joining the Native Technologies, Inc. team, Mr. Hall worked as an estimator, project manager and equipment manager for several environmental restoration firms, including his own, and heavy equipment contractors. The types of projects Mr. Hall worked on included wetlands mitigation, exotic vegetation removal, muck removal, land clearing and grinding, and lake retention. Email: whall@wetlandsbank.com Client: Address: Contact: Telephone: Project: Contract Term: Contract Amount: Brief Description: Client: Address: Contact: Telephone: Project: Contract Term: Contract Amount: Brief Description: Client: Address: Contact: Telephone: Project: Contract Term: Contract Amount: Brief Description: Client: Address: Contact: Telephone: Projt3ct: Contract Term: Contract Amount: Maintenance Job References Loxahatchee River Environmental Control District 2500 Jupiter Park Drive, Jupiter, FL 33458 Paul Miller 561-747-5709 Loxahatchee Facility and Busch Wildlife October 2005 to October 2006 $16,020.00 Three monthly and three quarterly maintenance events for the control of exotic and nuisance species. MIl Schottenstein Homes, Inc. 4 Harvard Circle, Suite 950, West Palm Beach, FL 33409 Jeff Stoven 561-471-3440 Paloma October 2005 to December 2006 $184,489.00 Manual vegetation removal from the 5 acre Gopher Tortoise preserve, mechanical vegetation removal (hydraulically mow) the 19 acre preserve area and planting of native vegetation on 6 acres of the preserve. Also four quarterly maintenance events. City of Hollywood Public Works Dept., 1600 S, Park Road, Hollywood, FL 33021 Frances Nipe (954) 967-4526 John Williams Park July 2005 3114.00 This project consisted of one (1) initial maintenance event of exotic and nuisance plant species in the south park area at John Williams Park. Homes of Islandia 9125 Collier Boulevard, Naples, FL 34114 Ronald Schulte (239) 417-4468 Islandia of Naples April 2005 to April 2006 $21,829.01 Brief Description: Client: Address: Contact: Telephone: Project: Contract Term: Contract Amount: Brief Description: Client: Address: Contact: Telephone: Project: Contract Term: Contract Amount: Brief Description: Client: Address: Contact: Telephone: Project: Contract Term: Contract Amount: Brief Description: Client: Address: Contact: Tel~phone: Proj~ct: Contract Term: Contract Amou nt: This project consists of 105.33 acre exotic maintenance including one (1) initial and two (2) semi annual treatments of exotic and nuisance plant species. It also includes the cutting and chipping of a Mahoe tree and plantings. Engle Homes 123 NW 13th Street, Suite 300, Boca Raton, FI 33432 Chuck Black (561) 391-4012 Fox Grove Preserve March 2005 to March 2010 $237,222.00 This project consists of the planting of both a 3.0 acre preserve, and 3 created lakes. It also consists of maintenance and monitoring for five years. State of Florida Juvenile Justice 1150 S.W. Allapattah Road, Indiantown, FL 34956-4397 John Long (772) 597-3705 Martin County Juvenile Facility December 2004 to December 2005 $18,901.00 This project consisted of exotic vegetation treatment and four (4) quarterly maintenance events of exotic and nuisance plant species. Bluefield Ranch 7932 Flagler Court, West Palm Beach, FL 33405-5041 Chuck Olsen (772) 708-1776 Bluefield Ranch Mitigation Bank November 2004 to May 2005 $92.216.00 This project consisted of the exotic vegetation treatment of all Lygodium located in zones 1 and 2 adjacent to the Van Swearingen Creek including 2 follow-up treatments. Gourmet Awards Foods South Florida 3225 Meridian Parkway Cliff Ruzzo (954) 384-8005 Exotic and Nuisance Maintenance and Planting October 2004 to October 2005 $12,701.00 Brief Description: Client: Address: Contact: Telephone: Project: Contract Term: Contract Amount: Brief Description: Client: Address: Contact: Telephone: Project: Contract Term: Contract Amount: Brief Description: Client: Address: Contact: Telephone: Project: Contract Term: Contract Amount: Brief Description: Client: Address: Contact: Telephone: Project: Contract Term: Contract Amount: Brief Description: This project consisted of installation of plantings and quarterly maintenance events of exotic and nuisance plant species. Seminole Tribe of Florida 6300 Stirling Road, Hollywood, FL 33024 Craig Tepper (954) 966-6300 Big Cypress and Brighton Reservations May 2004 to May 2005 $92,598.00 This project consisted of melaleuca removal on both the Big Cypress and Brighton Reservations and two monitoring reports. MACTEC Engineering & Consulting, Inc. 5845 NW 158th Street, Miami Lakes, FL 33014 Bonnie Lamb 305-826-5588 FOOT - Fort Pierce Rest Stop July 2004 $9,350.70 This project consisted of exotic vegetation maintenance services MACTEC Engineering & Consulting, Inc. 5845 NW 158th Street, Miami Lakes, FL 33014 Bonnie Lamb 305-826-5588 FOOT - 1 ih Street Causeway July 2004 $9,665.25 This project consisted of exotic vegetation maintenance services. Engle Homes 123 NW 13th Street, Suite 300, Boca Raton, FI 33432 Chuck Black (561) 391-4012 Casabella (Grand Haven) Excavation March 2004 to March 2005 $25,575.00 This project consisted of mitigation planting services and three (3) quarterly mitigation monitoring of same. Client: Address: Contact: Telephone: Contract Term: Project: Contract Amount: Own Forces: Brief Description: Client: Address: Contact: Telephone: Project: Contract Term: Contract Amount: Brief Description: Client: Address: Contact: Telephone: Project: Contract Term: Contract Amount: Brief Description: Client: Address: Contact: Telephone: Contract Term: Project: Brief Description: City of Homestead 790 N. Homestead Blvd. I Homestead, FL 33030 Curtis Ivy, City Manager (305) 247-1801 May 2000 to January 2001 Exotic Vegetation Removal $436,118.00 % (John Brown & Sons & Floraquatics) This project consisted of wetland restoration, exotic removal, vegetation reduction via hydraulic mowing and maintenance for approximately 300 acres. Engle Homes 123 NW 13th Street, Suite 300, Boca Raton, FI 33432 Chuck Black (561) 391-4012 Huntington Reserve March 2004 to March 2010 $465,589.00 This project consists of both on-site and off-site mitigation planting, quarterly mitigation maintenance (both off-site and on-site), and mitigation monitoring services for five years. Miller Legg and Associates, Inc. 1800 North Douglas Road, Pembroke Pines, FL 33024 Dylan Larson (954) 436-7000 Maintenance of Wetland at Jupiter Middle School and W.T. Dwyer High School May 2003 to May 2004 $5.529.00 This project consisted of four (4) quarterly maintenance events of exotic plant species. City of Boca Raton 201 W. Palmetto Park Road, Boca Raton, FL 33432- 3795 Steve Bass, Gumbo Limbo Complex Manager (561) 338-1473 June 2003 to February 2004 Integrated Management of Exotic and Invasive Pest Plants This project consisted of herbicide treatment of exotic and invasive vegetation of Serenoa Glade/George Snow Park, Rosemary Ridge and Blazing Star. Client: Address: Contact: Telephone: Project: Contract Term: Contract Amount: Brief Description: Client: Address: Contact: Telephone: Contract Term: Project: Brief Description: Client: Address: Contact: Telephone: Contract Term: Project: Brief Description: Client: Address: Contact: Telephone: Contract Term: Project: Brief Description: Pan American Companies 2199 Ponce de Leon Blvd, Suite 200, Coral Gables, FL 33134 Carlos Lopez Cantera (305) 461-0563 AT&TOff-Site Wetland Mitigation June 2003 to October 2008 $115,375.00 This project included initial removal of various Australia Pine, Melaleuca, Brazilian Pepper, nuisances and exotic plant species from the 341-acre site using manual and herbicidal control methods including aerial spraying of melaleuca heads. Treatment was followed by the installation of various native plants and trees. 5-year semi-annual maintenance. The School District of Palm Beach County, Florida 1400 N. Florida Mango Road, West Palm Beach, FL 33409 Gregory P. Ramsey, REM, CHMM (561) 684-5154 December 2003 to November 2004 Freedom Shores Elementary School This project consisted of the initial clean up and six (6) bi- monthly maintenance events to control exotic plant species. The School District of Palm Beach County, Florida 1400 N. Florida Mango Road, West Palm Beach, FL 33409 Gregory P. Ramsey, REM, CHMM (561) 684-5154 August 2003 to July 2004 W.T. Dwyer High School This project consisted of four (4) quarterly maintenance events to control exotic plant species. The School District of Palm Beach County, Florida 1400 N. Florida Mango Road, West Palm Beach, FL 33409 Gregory P. Ramsey, REM, CHMM (561) 684-5154 August 2003 to July 2004 Jupiter Middle School This project consisted of four (4) quarterly maintenance events to control exotic plant species. Client: Address: Contact: Telephone: Contract Term: Project: Contract Amount: Own Forces: Brief Description: Client: Address: Contact: Telephone: Contract Term: Project: Contract Amount: Own Forces: Brief Description: Client: Address: Contact: Telephone: Contract Term: Project: Contract Amount: Own Forces: Brief Description: Client: Address: City of Hollywood 1040 Harrison Street, #101, Hollywood I FL 33020 Jack Mathison (954) 921-3404 February 2002 - March 2004 Sheridan Oak Forest $65002.00 100% Eradication of exotic plant growth, clearing of perimeter trail and west fence line, tree pruning. One year renewal to maintain site. United Homes International, Inc. 7975 NW 154 Street, #400, Miami Lakes, FL 33016 Silvio Cardos, President 305-823-9056 April 2002 - March 2007 Emerald Lakes Tree Islands & Preservation Area $78,370.00 100% This project consisted of mitigation planting, exotic vegetation eradication, maintenance and monitoring of a 1.44-acre Tree Island habitat and 0.9-acre buffer area. The site will be maintained and monitored for a five-year period. DERM Class IV Wetlands Permit FWOO-063. Craven Thomfson & Associates, Inc. 3563 NW 53r Street, Fort Lauderdale, FL 33309 Don A. Shaver, Construction Manager (954) 739-6400 May 2001 to March 2006 South County Neighborhood Improvement Project, Phase III, Section 8, SnakeWarrior Island Wetlands Mitigation $522,772.98 85% This project consisted of the construction of wetland planting, exotic vegetation removal, removal of Cattails, Java Plum, Ficus, Melaeluca, Air Potato and Hydrilla. Monitoring and maintenance of the wetland will continue for a five-year period. Broward County Board of County Commissioners 2555 W. Copans Road, Pompano Beach, FL 33069 Contact: Telephone: Contract Term: Project: Contract Amount: Own Forces: Brief Description: Client: Address: Contact: Telephone: Contract Term: Project: Contract Amount: Brief Description: Joe Tanacredi, Project Manager (954) 831-0983 October 1999 - April 2005 Alpha 250 Mitigation Project, Part A & Part B $253,406.32 60% Construction of wetland, planting, monitoring, and exotic vegetation treatment and removal. The site was maintained for a five-year period. SW Florida Wetlands Joint Venture 3200 Bailey Lane, Naples, FL 34105 Robert Colvin (239) 633-5344 July 1999 to 2008 Panther Island Mitigation Bank Phases I - 5 $2,535,000.00 Phase 1 July 1999 - 2004 ($285,000.00) consisted of mechanical thinning of pine canopy, exotic vegetation removal and prescribed burning. 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NatIve ~ Technologies 814 South Military Trail Deerfield Beach, Florida 33442 Phone 954.596.2411 . 888.301.1707 Fax 954.480.6249 CORPORATE EOUIPMENT LIST Vehicles 1999 International 4700 with 55' Liftall Bucket Truck 2005 Ford F-250 Supercab 2005 Ford F-250 Supercab 2005 Ford F-250 Supercab 2005 Kawasaki Mule Utility 1999 Chevy 2500 Bedliner 2003 Ford F-250 Pickup 2000 Chevy Silverado Fleetside 2004 Chevy Van 2000 Ford 4X4 Crew Cab 2003 Chevy Tahoe KI500 2003 Acura Trailers 2000 Suncoast Sixteen foot 1O,000-lbs. trailer 1999 Andes Sixteen foot 1O,000-lbs trailer I Eighteen foot 18,000-lbs, trailer PIMB Construction trailer Equipment 1998 15' Panther airboat 200 I IS" Panther airboat 2004 IS' Panther airboat 50-gallon spray rigging 30-gallon spray rigging 1993 Argo conquest eight wheel drive all terrain vehicle 1994 Argo conquest eight wheel drive with tracks for soft conditions (2) 1999 Kawasaki Mule four by four 1999 John Deere 6410 tractor Five foot mower attachment Stump Grinding attachment 36" Commercial Mower 1996 16' Fiberglass Skiff with a Mercury 40 hp motor 1997 John Deere 892 backhoe 1998 John Deere 450 backhoe 1986 Komatsu D 41 bulldozer 1974 Komatsu D 6 bulldozer Flat blade attachments Rake attachments 2000 Davco Mower BC705 1999 Bandit 280XP 200 hp Chipper 2000 Bandit 1850 Whole Tree Chipper 199934"1 Red Boss Tree Spade Light equipment Four gallon SPI backpack sprayers with agitators Four gallon field king backpack sprayers with agitators Five-gallon water containers Chemical spray tanks and miscellaneous spray tips Hand held GPS Water sampling equipment Fish traps and Small mammal traps Chain saws NOTE- Additional equipment is available through an open account with Nations Rent, Neff Rental and United Division of Corporations Page 1 of2 Florida Profit NATIVE TECHNOLOGIES, INCORPORATED PRINCIPAL ADDRESS 814 SOUTH MILITARY TRAIL DEERFIELD BEACH FL 33442 US Changed 04/19/2006 MAILING ADDRESS 814 SOUTH MILITARY TRAIL DEERFIELD BEACH FL 33442 US Changed 04/19/2006 Document Number P95000065107 FEI Number 650601836 Date Filed 08/21/1995 State FL Status ACTIVE Effective Date 08/l8/l995 eglstere 1gent I Name & Address I TEDRICK, MICHELE 814 SOUTH MILITARY TRAIL DEERFIELD BEACH FL 33442 I Name Changed: 04/3012004 I I Address Changed: 04/1912006 I R dA OfficerlDirector Detail I Name & Address II Title I JOHN. DAVID D 814 SOUTH MILITARY TRAIL DEERFIELD BEACH FL 33442 PLATT. GEORGE I D 814 SOUTH MILITARY TRAIL DEERFIELD BEACH FL 33442 MILLER, ROBERT H G 814 SOUTH MILITARY TRAIL DEERFIELD BEACH FL 33442 Division of Corporations Page 2 of2 I Report Year II Filed Date I I 2004 II 04/30/2004 I I 2005 II 04/28/2005 I I 2006 II 04/19/2006 I Annual Reports [ Previous Filing ( Return to List I No Events No Name History Information Next Filing] Document Images Listed below are the images available for this filing. 04/19/2006 -- ANNUAL REPORT 04/28/2005 -- ANNUAL REPORT 04/30/2004 -- ANNUAL REPORT 05/02/2003 -- ANN REPIUNIFORM BUS REP 11/21/2002 -- Reg. Agent Change 04/16/2002 -- COR - ANN REPIUNIFORM BUS REP 03/06/2001 -- ANN REPIUNIFORM BUS REP 03/02/2000 -- ANN REPIUNIFORM BUS REP 02/20/1999 -- ANNUAL REPORT 03/25/1998 -- ANNUAL REPORT 03/06/1997 -- ANNUAL REPORT 04/19/1996 -- 1996 ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT ;: IHI! lCi\I/()I\! U! 1):(lJ(' 1<:1 \jV()F<I<}JI /V:: :NJ!z()(~I'U\I\!l I certify the fiul1 of NATIVE TECHNOLOGIES, INC. 1<1:1) iT1C1lntains C:l cll'ugirnu 'Noli\placc pmCjfc1!11 ;:lI'2 fne t (espofldir\i~J to th I'; 1I1e! thai the followilJq cUllc/rUol13 (I) We publish a staterneni notifying crnployees that the unlawful IlJanufacture distribution dispensing. possessIon ()f' use of a controlled substance IS prohibiteci in the worl<place and specifying that actions Will b8 taken against :~rnploY8es for IJialation<) of such proqr;:'Jrns en \Ne lIifornl employees about UF~ danSJ8rs of dlu~j abuse' In the \joJOrkplacH the) cornpany's policy of nlcHntaining a drug-free workplace any available druq counseling rehabilitation and employee clssistailc8 progrdllls 8nd the pellalties that rnay be imposed upon (;rnploy~~es for drug abuse violations (3) We give each ernployee enyaged in proViding the commodities or contractual services included in this RFP a copy of the statement speCified in Subsection (1) (4) In the statement specified in Subsection (1), we notify the employee that. as a condition of working in the commodities Of contractual services covered under this RFP, they will abide by the terms of the statement: and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state for a violation occurring in the workplace no later than five (5) days after SLlCfl conviction (5) We impose a sanction on, or require the satisfactory participation In a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted. (6) We make a good faith effort to continue to maintain a drug-free workplace through implementation of this section As the person authorized to sign the staternent. I certify that this Finn complies fully with the above requirements. Authorized Signature:~ Date 9/14/2006 Name & Title (typed) ROBERT B. MILLER - CHIEF OPERATING OFFICER z o ~ N U .- u:: 9 (ii en (JJ o :5 U a wCW) (/J >~ .....w <zO Q:::i)...... ~.O...J G. O....J. ~ ';1: .....~ u;.(J',;!: 0.. ~.'....'c;, Will" ..' .ti. '~ii .....E ,ft tn..J~ f...~ (J o ..... en ..... M N I 00 Q Q iN ~frl )-...J...J I-z...J zwO CC (J a.. (J Q C) C'-I Q: UJ cp ~ < YJ Q ..~ ~ . <ct ..~ U :~ 9 ,~ : '" I.LI a:: -... Q.. >< I.LI 0100 C!t\!o. M.tQo M .EA- T- EA- EA- O'lcn 00 ~gg WM (J.-i i2u. ,..,.w ""' ;..J W<;( 1-0 =CO:: hW 00 .....0 ~5 :z:.... '10'0:: NO MLL u z en W C> OlD ...J 01- za:: J:W UlD wO l-e:: we:: >w ;-...J '-...J <(- z~ 10 "! .- to EA- ...J g I- >- <( a.; 8 z o - Q ...J ..J as <( I- o z !a !a 3: I- co 0) S N Q::g o . 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'--' ::J ~ e .....;ri..,w ~.-; CI) 0. 'iij I 0 I- ,. ~:- W == en lD -.-::)-;:::, :c l- I- .J-=-,"tJJ Till -~ -..:!' i'-J ,~, -" :EL:..: ...... ~ J !rl ~~: 11: CO _L2A o ~ X ~ UJ CI) Z UJ (.1 ::::; u.. o UJ 0. >- I- ,~ CD ~ ;f-O ~ 0,.....0.. Q ':-' 2: UJ ~-'w ~ ::::; :;r; CI) <( Q UJ > W (.1 UJ c:: I- Z UJ ~ ~ a: 2~ . :.-..... c. II) o o w l-i >< GI C o::C 0<( I-~ O.! wi;.... jo:; o-C")GI 0.l1lC")~ wC.JGI :::J~u..~ z C ui~ W~.JOl >~<(~ W OQ . O::C)o::'E! > -w III I-GlQ~ z:::l:::JO :::Ji;<(,S O>.JI' 0<(1- QfIIO:: 0:: .~ 0 0( ! u.. ~"O OC o::~ men It) .... .... >- 0. o (J I- CI) :3 ... o lC (.1 <( co z o CI) Z o i= (.1 ::J c:: l- I/) ~ W W If' o f',- '-' iF) '..D ;=r o c; '-' ~ ~. w C ;....' !:':) ':::::J ", o .-....: !..l-~ '."; ..;t- ~ --, ::~ ,-' STATE OF FLORIDA ~tpartmtnt of allriculturt IInb e:on.tUIItr 6trtlittf BUREAU OF ENTOMOLOGY&: PEST CONTROL Date February 24, 2006 File,No, ~~139764 Expires . February 28, 2007 TIIE COMMERClt\L L}\)S]:),~~APE ~~T.-lIpLDERNAMED BELOW HAS REGISTERED. U ~'LDER THE PR()VJSI()N~;QFCHAPTER 482 FOR THE PERIOD EXPIRi :\lG:,Februai'y28~ 2007 JANINE E BACQUIE J 9820 SW 7TH PLACE PEMBROKE PINES, FL 33029 ct:d. ,.tr,_b-...m CHARLES H BRONSON. COMMISSIONER STATE OF FLORIDA J)tpartJntnt of agrtculturt anb t:onfunur 6trbtu' BUREAU OF ENTOMOI..OGY&,PEST CONTROL Date February 24. 2006 FileNo, LC139768 Expires February 28. 2007 THE COMMERCIAL. LAN08.CAPEMAIN'[. HQLDERNAMED BELOW HAS REGlSTEREDUNDERTHEPROVISIONSOFCHAPTER482 FOR THE PERIOD EXPm.lN(J:~February~~.2007 RICHARD WAYNE HALL 814 SOlITH MILITARY TRAILBLDG6 DEERFIELD BEACH. FL 33442 ~#~ CHARLES H BRONSON. COMMISSIONER '\, ---:J .~_.._-~, ._~ Florida DepartmeI1t of Agriculture and Consumer Services License Catel!:ories IAI AgRowCrop 1 A2 Ag Tree Crop 18 Ag Anima1 1 C Private Applicator Ag I D Soil and Greeahouse Fum IE Raw Ag Commodity Fum 2 Forestry 3 Omamcnlal and Turf 4 Seed TreaImCDt 5A Aquatic Pest Control 58 Organotin Paint 6 Right of Way 7A Wood Treatment 7B Chlorine Gas Infusion 7C Sewer Root Control 9 Regulatory Pest Control 10 Demoostraticm. aod Research 11 Aerial Application 20 Regulatory 1Dsp, and Samp 21 Natural Areas Weed Mgmt For information, call (850) 488-3314 I ACORDTM CERTIFICATE OF LIABILITY INSURANCE i OA TE (MMlOOIYVVV 09115/05 PRODuceR THIS CERTIFICATE IS ISSUED AS A IlIA ITER OF INFORMATION I Howard S. Newman ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Bateman, Gordon & Sands,lnc. HOLDER. THIS CERTIFICATE DOES NOT AlIENO, EXTEND OR ALTER THE COveRAGE AFFORDeD BY THE POUCIES BELOW. P.o. Box 1270 LPompano Beach, FL 33061 INSURERS AFFORDING COVERAGE NAle /I IIIIURED Native Technologies, Inc. INSURER Po; Seo...... Insurancel'fanoff South, I INSURERS: 814 S. Military Trail INSURER c: Builclng 6 INSURER 0: I Deerfield Beach, FL 33442 INSURER e: COVERAGf!S THE PCUClES OF INSURANCE LISTED sa..ow HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICAlED. NOTWITHSTANDING ~y REDUlRBAENT. TERM OR CONDITIC>>I OF ANY CONTRACT OR OTHER DOCUUENTWITH RESPECT TO WHICH THS CERTIFICATE MAY BE ISSUED OR YAY PERTAIN. THE INSURANCE AFFOFIDED BY THE POUClES DESCRBED HEREIN IS SUBJECT TO ALL THE TERUS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CI.AlUS. nPEOF _IRNC& POLICY........ (JS&1ALLIA8ILI1Y CLS1182785 X COMI/IERCIAI. GENeRAL UASlUTY ClAIMS MADE [i] OCCUR X BIIPD Ded:500 uurrs .1 000 000 000 LED EXP _~) PERIIONAL& NJV INJURY GENERAl.. AaGAEGATE PRODUCTS - COMPIClP AGO 0EDtJCTIBLE RE'TENT1CN $ ......... COW..:nDN AND ~LIAatn' ~iii~AATNEIWElCECUTl ma:uDED? . --- undIr cm8' COI8NED SINGI..S UMIT S (Ea IIlCidIntl BCDILY INJURY S "..~) BCDLY INJUAY S (Per II:CidInl) PROPeRTY DAMAGE S (p.1CCidInI) AU1'O ONLY . EA ACCIDENT $ OTHER TlfAN EA ACe $ AU1'O ONLY: AGO . eAQI 0CClJfR5NCE $ ABElAEBATE S S S $ E.L EACH ACaDerr s E.L DISEASE. EA $ E.L DISEASE . Pa.ICY UM.1" S GARAGE UAaITY ANY AUTO ICM'1ION Oil ()P6RA11ONS' LOCA TIOIISlv&HlCUlS I IXCLUSICIIIS ADDED BY I!NDOIlS8IENT , SP&CIAL PAOVllIIONS A: ~ ~.....- -- - -- -... -- ----- SHOULDAH'I OI'lIl8~ lle( IRI, POIJCIU _ ~ . .a 88'QMntE Ul"lf'A11Clt4 DA11llNRlOII. TM __INSUIIIR WILL ElNDIfAVOR 10 IlIAJL .--1Q... DAYS 1IlIfIITT&DI l\I011CE to t1tE C&R11FICATEHOLDI!R NAIlED 10 THE LSF1'. IIUT ~AJLURETO DO so StIALl. ........... ..... ..... """,""" nll'lAlIII'lTY 0.. ANY ICIND ...001 TNII'NR&lAER, ITS AGENTS OR P~QOF OF INSURAt4CE IF ORIGINAL IS NEEDED PLEASE ~ CERTIFICATE OF LIABILITY INSURANCE ACORD' ... ltATE~ ~ 09121/2005 I .... " nos csmlllCAtlB.8EDAS A BlATTER OF INFQRMATIGN ~ ONLY AND CONflIIIIS 110 RiGHTS UPON THE ,"*,...ICAT& Richard, 8, Chorak. Allstate Agent ~~ TMIIClRlFICA__SNOT AII&NO. ~ OR Chorak Insurance Graul), Inc. AL TNe COVI!RAGI! MFGRDID BY YH& POUCI 18LGW. 4016 N. 48th Avenue, Hollywood, FL 33021 fthon8 954-963-1801 FAX 954-983-2090 .NSURIiIIS AlPOIIOING COVIIUGE HAlC , ....- ,__A: AIIIIaIe rn.naa ~y Native TechnaIogies. Inc. INIURMII: 3215 NW 10Ut Terrace. Suite 209 _e: Fort Laldlrdale. FL 33309 ......1:1: , . Phane SJ54.598-2411FAX 954-480-6250 1M PCII.IC8 rJ11N1t111A1ICI UIfID ..ow........1s.B 1'Q THEINIURID ...., ..~ IIClIt T.-IIOLICV JIIMlD IICCATID. N01W1T'HSTANDlNG AllY'MQlJ7'"'....~ ,.....CIII CDlillllTDlOI' /fIllY ~ OR ~ 00CI1IlIBr' W\THRlIlIPKTTO WtCH1'HII Cl!RT8IICA1& YAy......, OR MAY I"IRI'AIN, ~ NUitNca NIIICIIGID 1Vr.-llGUClllaao-- HIiilmN IS _JICT TO ALL 1M T!RMS.IXCLU8DIS MIl CONDmONI OF SUQt Pauc8.~UMITSIHQIInIMY ..........,.~aY Nll)l:l.^I~ ~ _, --="'_ ' . u.n . _~ ~s :J.: W-'Er.CIA --. UllIIUTY S D~-D~ _~___I 3" """"IINUlR't S, . --- ........ I -.; ............ AI'I'UIS PlSIt JIlICIIIUCI'I-CllWlaP" I ,. Pa.ICI' n~n l.OC A X ........UUUY 048 628 486 911lJ1OS 9/18106 ~ ~ .,.....1.11IlT S 1.aoo.lJGO l- I- wt llU1Q AU. QMIID AIIT'OS Jfti.,~ S SCIfIDULlIDAUTOS --lllITQS fft~-W S ~, IIQN.OWMiDAUTOS == : ~J".r"'. s ---~ MIIOGlLY."~ I ~ MfYMI10 ~ MACe I - v- .... · .& LlIlIILIn' MCIf CIllCIPWICII . :Jaci:IIR o CUI'" IIAlIII -- I ::J DDCIIU . I . ~s "'~DIl'" =:LJ~~~~TM! IlL.UCII ~ . *. -- a_- I ~......... IlL. _- POLCYLM'II . 0TIiiiiii 2000 Chfty TM:k VI" "0337/2000 Ford Truck VIII " 1527/1919 I~ Vln #I 2447/1999 ~.t Vln .. 398412001 Ford Truck VIn #I 4051~ FanI TrucIC Vln #I 4411120OO ~ V., Vln . 498212001 Am.. vtn ,. 538312003 FonJ Truck Vin " 547512004 Arnea Vfn , 833212004 Chevy Van VIR , .1112000 Chevy TNCIc Vfn , 1288 ~~..,.~ :'&'11- 1IlaUUI~.~_.J; .A..IIG&;IC8.QI-'".~ .........1'IGII o..n _. 1Ml..... __ ........,.VQIl TO !lUll. 30 DAYS *IlITT.. - N01lCI1O M CIJtnIIl:ATS HOI.MII___ 10 ~ I.PI'. sur.....__ TO aD $0 StULl. 'llll'OU'" OIUGA~ OR UA8.ln ~...., _ IjIIGfI 'Ie ,NIUlllllt. I'!'S .a.Q&tCfS~" ~----- " ./ ALL AMERICAN AQUATICS AQUATIC WEED CONTROL 1-866-856- LAKE www.rdesaneallamericanaqatics.net POBox -212678 West Palm Beach, FL 33421 Fax: 561-795-9084 Thursday, September 14,2006 Boynton Beach Community Redevelopment Agency The crew will use for this work will consist of small land sprayers, back pack and wicking tools, These are the most effective way to precisely treat nuisance & invasive species, and keep off target damage around a minimal. Along with these tools we will use be using weighters and a medium size canoe for transportation of the crew & herbicide. Monthly amount is $1500.00 Annually amount is $18,000.00 Thank you, All American Aquatics All American Aquatics Co. Hourly rate for work over and above the work listed above will be $30.00 per hour 2006 FOR PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P01000089283 Entity Name: ALL AMERICAN AQUATICS CO, FILED Apr 29, 2006 Secretary of State Current Principal Place of Business: New Principal Place of Business: 18266 90TH ST, NORTH LOXAHATCHEE, FL 33470 Current Mailing Address: New Mailing Address: P,O, BOX 212678 WPALM BEACH, FL 33421 FEI Number: 65-1148352 FEI Number Applied For ( ) FEI Number Not Applicable ( ) Certificllle of Stlllus Desired ( ) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: DESANE, RICHARD S PRES 18266 90TH ST, NORTH LOXAHATCHEE, FL 33470 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida, SIGNATURE: Electronic Signature of Registered Agent Date Election Campaign Financing Trust Fund Contribution ( ). OFFICERS AND DIRECTORS: ADDITIONSICHANGES TO OFFICERS AND DIRECTORS: litle: Name: Address: City-5t-Zip: D ( ) Delete DESANE, RICHARD PRES 18266 90TH ST, NORTH LOXAHATCHEE,FL 33470 Title: Name: Address: Cily-st-Zip: ( ) Change ( ) Addition I hereby certify that the information supplied with this filing does not qualify for the for the exemption stated in Chapter 119, Florida Statutes, I further certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with an address, with all other like empowered, SIGNATURE: RICHARD DESANE Electronic Signature of Signing Officer or Director PRES 04/29/2006 Date ACORD"" CERTIFICATE OF LIABILITY INSURANCE I OAT!! lr.lltl/llll/VVVV) 9/1212006 PROUUct5R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA110N h,svr8nce ~or You, Inc, 561-965-4114 ONLY AND CONFERS NO RICHTS UPOfC THE CERTIFICATE 3927 Jog Rd, HOLDfR. THIS CERTI'ICATE DOES NOT AMEND, exraco OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW, Greenacrss, Fl ~34B7-1511 Wit lOVE nttRrralsl Thank you! INSURERS AFFORDING COVERAGE MAle., -......". -- ..... '- INStJIlEO I" SURER ,,", Scottsdale Inll, Co, All Amer. AquatiC Weed Control " ..-. .- P,O, Box 212678 I"SlJR.ER B, ... . West Palm Beach. FL 33421 I"SIJQER c: ...... --.. I"SUlIER 0: - .--. n-ISuAER E: . COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE !'Olley PIiAIOtllNDICATEO, NOTWITHSTANDING AiIlV REQUIREMENT, TERM OA CONDITION OF ANY CONT~ACT 0.. OTHI!!~ DOCUMI!!NT WITH Re$P!ct TO WHICI1 TI1I:5 ceRTIFICATE MAY BE ISSUED OR MAY PERTAIN. Tl1E INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLIClliS, ^GGl'l.eG~Ti. LIMITS SI'tOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ""'" WD'~ -..... . _w.. . . ._~ .. O'OUC,. ~~ECl1V1! 11'01.1,," TlOftI -. .. '" '- PCluCY _R UN'1S A ~RAL UABlLITY CLS1191361 11/0212005 11/0212006 E4CH OC:CUFlFlENCF- -, ~ 1 000 000 :~OWERCI,,"L GENeFlALlIA8ILIrf =~,l!il _it_, ;5 50.000 I ClAIMS ~DE ~ OCCUR MfD EXF (Any _ personl 5 5,000 ~-,-, PERSONAL & AoV INJ!!~Y . 1.000.000 ... .-_. .---.- . . . .--.. :__..J ~I!NI!ML_":.ooReGA'I1! '$ 2,000,000 fl'LAGGREM lIMIT APn I'IlR: PROOUCTS ' Cor.1P/OP AGG S 1,000,000 POLICY ~.\Wr loe ~MOIL~ lIAI!IllI'l\' COf4l\N1!D SINGLE LIMIT S ..NY,IUTO (Eo AodilJlrll) I-- ., , ,- I-- ..U, OWNED AI)T05 BOlllL Y INJIJQV S SCHEDULED ,I\JTOS (PIIr ",lJOn) ..-.. ---.... r-- HIRED A\JTOS 1l00lL Y INJURY , "Ol'l-OWNED AUTOS (Per ...kIo.,) I-- -- ...... PFlOPIiR'lV DAIMGE J (PAr AttlCltlnll RAG~ lIAIILlTY AUTO OM. y , E"" ~eCIDE!lT S AN,...UTO I OTHeFl THAN EA ACe s I ; AUTO 0I\ll Y: 1\00 S EIIOEll..""-'MBAEl-VlI"lAtlIVTY ~C,,! ~?JRFlENCE S 1,000,000 A ~. OCCUR i I CLAIW ~DE XLSOO31J41 1110212005 1110212000 1,000,000 AGGREGATE S R ,DEDUCTI!lL~ . ft_"._.__.. " --", s . ~. - RETENTION S S I WClRlCI!AS COMPENt.noN ANF,l I we STATU- I 10Th. IEIIIPLDYl!RS' UltBlLITY ~.. ANY l'RQPRIE TOIt'PARTNSR/C}{c,euTrvl! E.L EACH ..Ct;IOEtlT -" " S -'- , OFFICERIM"MlileR eXCLUDED? ~!?L~SE' ~ EMPLoYiE '$ ~~~~=-NS_ E L, DIseASE, POUCY LIMIT . OTHER I I OIiSCRII'TlONOF OPEItt."ONS I LOCATIONS I VEHICLES' EJlCl.USIONS .oDI!D BY I!NDOIlSlMIENT I_QAt PIlOVI$IONS ... C RnfICATE HOLDER City of Boynton Beach Bldg. Dept, '00 e, Boynton Beach Blvd, Boynton Beach, FL 33425 CANCELLATION 9lfOULD _ OF TtE ABOVE llEKIW!D POlIC1~1l H CANC:ELLSO BeFORI:: Tll& ~A"ON 1'NITl! TIlEReQf, TllE lIJeulNG INIIURER WILL ENDEAVOR TO MM. --1!!.. DAYIl ~N NOl'ICE TO THE a;RTIFlC~Tc. IIOUlell NAtoWl TO THf< "EFT. BUT FIIlLURE TO DO so SHIlLL II\lPOSE NO OlILIGATlON OR L1ll1lLtTT OF ANY K1NO IJ'ON ll1E INSUMA. ITS AGlENTS OR AlEPRl!Sl!NTATNB. AIJTHOA1Hl) IIePREllENT.TMi ACORD 25 (2001108) Q)}> Allstate. CERTIFICATE OF INSURANCE - COMMERCIAL Vnu'rc In IJDod hnl\Ck, ALLSTA TE INSURANCE COMPANY - NORTHBROOK, IL THIS CERTIFICATE IS rSSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INTERESTED PARTY TYPE: CERTIFfCA TE HOLDER Comments: CERTIFICATE HOLDER NAMED INSURED Name and Address of Party to Whom thiS Certificate is ISSued Name and Address of Insured City of eoynton Beaeh Bldg, D8pt. All AmericaI'! Aqualles 100 E. Boynton Beech Blvd, PO Box 212678 Boynton Beach FL. 33425 West Palm Beach, FL 33421 , , ThiS is to certify that poliCies of Insurance listed below have been ISSUed to the Insured named above subject to the expiretion date indicated below. notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertlilin. The inllunmce afforded by the policIes described herein Is subject to ell the terms, el(clusions, and conditions of such policies, TYPE OF INSURANCE AND LIMITS GENERAL LIABILITY Policy Number Effective Date Expiration Date Limit Am aunt GENERAL AGGREGATe LIMIT (OIlier than Products - Completed Operations) S PRODUCTS - COMPLETeD OPERATIONS AGGREGATE LIMIT S PERSONAL AND ADVERTISING INJURY LIMIT S EACH OCCURRENCE LIMIT S PHYSICAL DAMAGE LIMIT $ ANY ONE L055 MEDICAL EXPENSE LIMIT S ANY ONE PERSON AUTOMOBILE LIABILITY Policy Number ~B760203 Effective Date 1/24/06 Expiration Date 1/24107 Coverage Basis Limits o ANY AUTO o OWNED AUTOS l8I HIRED AUTOS Combined Single Uml. of L1abHlly 600lL y INJURY 10 PROPERTY Is 1,000,000 I EACH DAMAGE ACCIDENT o SPECIFIED AUTOS 181 NON-OWNED AUTOS Split Liability Limits Bodily InJurv Property Dilm.ge Each o OWNED PRIVATE PASSENGER AUTOS S PERSON o OWNeo AUTOS OTHER THAN PRIVATE PASSENGER $ $ ACCIDENT UMBRELLA LIABILITY Polley Number Effective Dale Expiration Date EACH OCCURRENCE I GENERAL AGGREGATE I PRODUCTS. COMPLETED OPE~TIONS AGGREGATE S I $ I S OTHER WolicV POlioy Effective ElCpiration Type) Number Date Date OeSCRIPTION OF OPEAATIONSI\.OCA TIONSNEHICLES/RESTRJCTlONS/SPECIAL ITEMS IT IS AGREED THAT SHOULD THE INSURANCE PROTECTION EVIDENCED HEREIN TeRMINATE. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL NOTICE; OF SUCH T~RMINATION WITHIN OAYS FOR THE FOLLOWING INTERESTED PARTIES: MORTGAGEE. LIEN HOLDER, ADDITIONAL INSURED AND ADDITJONAllNTERESTED PARTY, 11 r- 11 /1 09/13/06 Authorized Representativ7 [, 'II /I Date I --- COl10442 LIABILITY (8/05) . \.c:,..~'c ur CAE:IWr"~ muM ....',I~ _~CI\O ,-,u_ ~nUN'LAW NOH-COlISTRUCTIOR :nmtJSTRY BlBMPrION ". ...__ that 1he idvIduII ...... below- ... _Ifeted to be ""~: from florida w.~... ~.. Law. . a-.-..nw 08/30/2002 DB8M1B 263-65-9163 651148352 ALL AMBlUCMl AQUAtt!:~ CO 5461 S..... 32ltD TBRI!AC8 DAlnA..BACH i'L 33312 EXPMA110N .",.,ns RIA lU:CHARD PEI\OOd SSM FEIN ~ :~toCJJaptw: 440.'~F.S... a~~',. Patner. 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C. c:t- :.!l = CD ~ (') ..... tor1 = = CD - ..... A1 Q e:: ~. . .... rn .... Q... s:g ...,. sx: CI) &: 2 ~ ... ~ a: S>> ~ - u; ci n (1) Q ""1 0- Q.. Z f"""t = ~ 0 a ,..... tD '"'1 ~ - .... C'I'J ,...,. --a a OQ ""i ~ 3 ~ ~\ . t .0 '0 _it ;{': ;;. ! I I I , i i ! I . : . . ;;, ~ Ii !~r I r~ W ,: ~ht-I ',( ,! [vv f i I R: If 11!f\ ::. . ~ - :"1 :. f: ~ I:~. ~"' i . i ,1 i. -... I I ' \. j ~ i I ! I I i . All American Aquatics P,O, Box 212678 West Palm Beach FI. 33421 1-866-856-5253 Fax: 561- 795-9084 Fax To: Canoe Creek Estates (Barbara) From: Sharon Christie Fax: 407-847-2882 Pages: Phone: Date: 9/13/2006 Re: CC: o Urgent X For Review o Please Comment o Please Reply o Please Recycle / '. Florida Department of Agriculture and Consumer Services PesUcide C.ertiRc:ttion Office Co",,,,on:lal Applil!o.or Llan.. License AI CII'lJ7941 DOLAN. ERIC JASON 11160 NW 3STII PL'A CO~L SPRINGS. FL 33065 Categories SA ~g~ ;u;:;:: 's!:;:t...::.::-e Df !..ie::n:.:c CfJAIU.ES II. BRONSON. COMMISSIONER l1/t'lJlmw iN/m'::/unl ;., litur.wd IIm/cr ::..c ,,"Ivlrums l~r(7"'[l/f'r 4.'t7. '.:S_ 10 l"ll'du,.\(' (Ill" "llfJ/.I' I"('MriOI',1 u.n~ flc.....irillr:x. . ~.... All American Aquatics CO. P.O. Box 212678 West Palm Beach, Fl. 33421 (866) 856-5253 Fax (561) 795-9084 References: Village of Wellington 110 miles of Canals 250 surface acres of Lakes Contact: Henry Shaw Public Works Director of Surface Water mangement 14000 Greenbriar Blvd. Wellington Fl. 33414 561-324-4276 561-791-4131 Sarasota County Government 70% detention ponds 30% lakes 800 surface acres of detention ponds & lakes Lake & Pond Maintenance including debris removal Drainage operations Lisa Wedin 1001 Sarasota Government Blvd. Sarasota Fl. 34241 (941)650-2860 Fax (941)861-0593 City of Longwood 42 sites & 42 Lakes Marilyn Douglas 175 W. Warren Ave Longwood, FI 32750-4106 (407) 260-3419 Fax (407) 260-3440 Osceola County 80 detention ponds & 112 Lakes Ponds, Lakes & Mitigation planting & Maintenance Chris Biemaski 1 Courthouse Square Kissimmee, Fl. 34741 (407) 343-3185 Fax: (407) 343-3130 All American Aquatics Co. P,O. Rox 212()7R West Palm Beach, Fl. 33421 (866)856-5253 Fax (561) 795-9084 City of Port Saint Lucie Parks & Recreation 9 Parks, Saints GolfClub,& 12 acre DEP permitted wetlands Ponds, Lake & Fountain Maintenance (exotic removal, Maintenance, & Monitoring on Wetland sites Victor Lopez 2195 S,E. Alroso Blvd. Port Saint Lucie Fl. 34984 (772) 878-2277 Fax(772) 871-5290 City of Naples 9 acre Naples Preserve Exotic Removal & maintance Joe Boscaglia 280 Riverside Circle Naples Fl. 34102 (239) 213~7124 Fax(239) 213-3093 City of Leesburg Parks & Recreation ( 6 Parks) Lake & Mitigation Management & Monitoring Howard Jefferies 318 So, 2nd Street Leesburg Fl. 34749 (352) 728-9885 ext 8435 State of Florida Florida International University 12 Lakes Lakes, Ponds, Planting & Fountain Maintenance Dave Weyls University Park, W-2 Room 110 Miami Florida 33199 (305) 348-4650 fax (305) 348-4655 All American Aquatics Co. P.O. Box 212678 West Palm Beach, Fl. 33421 (866) 856-5253 Fax (561)795-9084 References: Sawgrass Mills Mall (8 Lakes, Mitigation sites & Planted retention an:a) Lake Maintenance, Mitigation Maintenance, Planting & Monitoring & in retention area Terry Wulford 12801 West Sunrise Blvd Sunrise FI 3323 (954) 846-2312 AMG Mngmt. Group Lakeside Estates UOA (Largest HOA in Osecohl County) 21 Lakes, Ponds, Lake Maintenance, Debis removal, Mosquito & Midg.::: Fly treatments Cathy Grimalodo 101 Park Place Blvd, Kissimmee, Fl. 34741 (407) 847-9950 ext.31O Fax: (407) 931-1186 City of Boynton Beach 10 Canals Glenda Hall 222 N.E. 9th Ave Boynton Beach, Fl. 33435 (561) 742-6228 Fax: (561) 742-6592 All American Aquatics Co Inventory Page: 1 Trucks & Cars: 2003 Dodge Ram 1500 4x4 2004 Dodge Durango 2002 Ford F350 Super Duty 4x4 1998 Ford 150 2 wheel drive 1996 Chevy Z71 pickup 4x4 2000 Mercury Villager 1986 Chevy C 10 4x4 Boats & Motors 2001 16ft Panther Airboat 2000 Carolina Skiff 14ft 2004 Carolina Skiff 112 Sea Squall 14 ft Mercury 9.9hp motor Nissan 15hp motor Johnson 15hp motor Yamaha 15hp motor Yamaha 8hp motor 16ft Continental Trailer 14ft Amera Trails Trailer 12ft Pace America Trailer 15ft Horizon Trailer 14ft Performance Trailer 8ft Rayside Trailer A TV 14ft Amera Trails Trailer 18ft Amera Trails Trailer John Deere Gator Kawasaki Prairie 360 A TV 4- 50 gallon spray systems 2- 100 gallon spray systems 3- 30 gallon spray systems 2- 15 gallon spray systems 52" Great Dane mower Sthel Hedge Trimmers 8 Back Pack blowers 8 Chain saws 8 Back Pack sprayers All American Aquatics Co. p.a, Box 212678 W. Palm Beach Fl. 33421 (866)856-5253) Fax (561)795-9084 Good Morning Barbara, I am waiting for an Insurance Certificate from Scottsdale, and from Insurance for you, I will fax it over as soon as it comes in. Here is a copy of proof I have for another bid going out, just proof that we do carry all the insurance, T.91nk. you, d #. 4~t!/Z~ . Sharon Christie All American Aquatics Co, P,O, Box 212678 West Palm Beach Florida 33421 (866) 856-5253 Fax(561-795-9084 Monthly payment $250,00 Annual $3000,00 CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify the firm of 4//.~/llEfC 10M 4~J/c~ responding to this RFP maintains a drug-free workplace program, and that the following conditions are met: (1) We publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying that actions will be taken against employees for violations of such programs. (2) We inform employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) We give each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1), (4) In the statement specified in Subsection (1), we notify the employee that, as a condition of working in the commodities or contractual services covered under this RFP, they will abide by the terms of the statement; and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) We impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted. (6) We make a good faith effort to continue to maintain a drug-free workplace through implementation of this section, As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements, Authorized Signature: L___ ~ Date7' ~ .,/ Name & Title (typed) ;;:1I4-/lo 17 Clf4'S7/~ 6 ~~~~Y~T8~ eRA . East Side-West Side-Seaside Renaissance RFP No. 2006-13 Maintenance of Boynton Beach Boulevard Promenade September 29,2006 Prepared by: BURKHARDT CONSTRUCTION, INC. 1400 Alabama Avenue, Suite 20 West Palm Beach, FL 33401 Attn: Dennis E. Haynes (561) 659-1400 Fax (561) 659-1402 BURKHARDT CONSTRUCTION, INC. Vincent G, Burkhardt President e Mr, Robert Reardon Ms, Vivian Brooks Boynton Beach Community Redevelopment Agency 915 S, Federal Highway Boynton Beach, FL 33435 September 29, 2006 Re: RFP No, 2006-13, Maintenance for Boynton Beach Boulevard Promenade Dear Mr. Reardon and Ms. Brooks: Please consider this qualifications package submittal as our strong interest in and desire to be selected as the Boynton Beach Community Redevelopment Agency's partner for the maintenance of the award-winning Boynton Beach Boulevard Promenade, As the contractor who successfully designed and built the Boynton Beach Promenade ahead of schedule and under budget, Burkhardt Construction, Inc. feels strong pride of authorship and has a vested interest in maintaining this spectacular public space in a first class manner and pristine condition, We are committed to performing this work in a timely fashion and to the complete satisfaction of the Boynton Beach CRA. We have had the opportunity to successfully complete over 40 high profile, high quality public space streetscape projects throughout Florida. All of these projects were completed on or ahead of schedule, with no disputes or claims to settle, within projected budgets and to the complete satisfaction of our valued clients, As a client making qualifications based selection decisions, history and past performance are primary considerations, Burkhardt Construction, Inc, has an unblemished track record directly with the Boynton Beach Community Redevelopment Agency, This same unblemished history has been duplicated with 20 Florida municipalities, Burkhardt Construction, Inc, would consider it a privilege to be selected and to continue serving the Boynton Beach CRA for the maintenance of this beautiful public area, This proposal is valid and irrevocable for 90 days. 1400 Alabama Avenue. West Palm Beach. Florida 33401 · (561) 659-1400. Fax (561) 659-1402 Table of Contents Section I rrechnical Qualifications Section II Resumes Section III Cost Proposal Section IV License and Insurance Information Section V Required Attachments ~~RY~T8OCRA ~ East Side-West Side-Seaside Rena'lssance ~lCnadc RFP No, 2006-U~ Maintcnancc oj' Boynton Bcach Bonln'anl 'T'echnical <Jualifications Finn Description Burkhardt Construction, Inc. is a closely held local corporation founded in 1975. Our executive management staff includes Vincent G. Burkhardt, Dennis E. Haynes and Sharon H. Burkhardt. Our West Palm Beach based staff of 42 includes project managers, superintendents, carpenters, equipment operators, laborers and support staff. Additionally, Burkhardt Construction, Inc, maintains offices in Hollywood, Fort Pierce and Cocoa. We have extensive experience and expertise in providing preconstruction services, constructing underground utilities, building streetscapes and parks and in vertical construction. Many of the people at Burkhardt Construction are cross-trained and are familiar and comfortable with performing numerous tasks, This attribute has been one of the keys to our success. The average employment duration for a Burkhardt Construction employee is in excess of ten years. Those authorized to make representations for our company are Vincent G. Burkhardt, President and Dennis E. Haynes, Vice President. Both can be reached in our main office at 1400 Alabama Avenue, Suite 20 West Palm Beach, FL 33401 or by phone (561) 659-1400, Vince's email address is vince@burkhardtconstruction,com and Dennis' email address is bcistreetscapes@bellsouth,net. Key Staff Vince Burkhardt - Vince Burkhardt is the founder and president of Burkhardt Construction, Inc, He has over 30 years experience serving as project principal and assumes direct and ultimate responsibility for all construction projects which include but are not limited to civil and site work, commercial buildings, underground utilities, streetscapes, office interiors, government buildings I apartment complexes, and residential and condominium remodel and/or build. He is responsible for all corporate and construction administration. Dennis Haynes - Dennis Haynes is vice president of Burkhardt Construction, Inc. He has over 30 years experience in the construction industry serving the last 14 years as chief project manager of the horizontal and streetscape construction at Burkhardt Construction. He has directly overseen construction projects ranging from $250,000 to over $9 million. He has successfully worked with many municipalities throughout Florida which have resulted in successful streetscape and park projects as well as repeat business relationships. Mr. Haynes is the same project principle who oversaw the successful construction of the Boynton Beach Boulevard Extension and Promenade for the Boynton Beach CRA. I - I ~'RY~el:RA ~ East Side-West S'lde-Seaside Rena'lssance ~lenade RFP :\'0. 200G-I:-~ Maintenance of Boynton Beach Boulevard Ben Hoadley - Ben Hoadley has been a Project Manager with Burkhardt Construction, Inc. since 2003. He has been working in the construction industry since 1997 and has experience in streetscape projects, parks and in vertical construction, Mr. Hoadley was the project manager on the recently completed Boynton Beach Boulevard Extension and Promenade. He brought this streetscape in ahead of schedule and under budget, despite delays from hurricanes and various permitting agencies. Please see the resumes in Section II for experience and educational background. Indcpcndcncc Burkhardt Construction, Inc. is an independent entity from the Boynton Beach CRA and the CRA Board. During the past five years, the principles of Burkhardt Construction, Inc, have retained Jeanne Heavilin in her capacity as a realtor to make an offer to purchase residential real estate, However, no transactions were concluded, no fees were paid and no transactions are currently pending. Liccnscs As a state certified General Contractor, Burkhardt Construction I Inc, is fully licensed to perform maintenance work. Please see copies of our current licenses, Certificate of Status and an insurance certificate in Section IV. Strcclscapc Maintcnance Expcricncc Burkhardt Construction, Inc., Florida's foremost streetscape construction contractor, has successfully constructed streetscapes for 20 Florida municipalities. After construction of their streetscapes, the City of West Palm Beach and the City of Margate decided to contract with Burkhardt Construction I Inc. to maintain their beautiful projects in like-new condition. The City of West Palm Beach's Waterfront Projects were the cornerstone of West Palm Beach's Centennial Celebration. The project consisted of the Narcissus Avenue Streetscape, Centennial 1-2 ~lIlRY~8~RA ~ East Side-West Side-Seas',de Rena',ssance ~leIladc HFP :\0. 2006- U~ Maintenance of Boynton Beach Boulevard Square and Fountain and the Meyer Amphitheatre. When construction was complete, Burkhardt Construction contracted with the City of West Palm Beach to maintain these projects. Centennial Square and Fountain Park vV' est Palm Beach, FL Meyer Amphitheatre \Vest Palm Beach, FL After completing a streetscape project in Margate, the city retained Burkhardt Construction, Inc. to maintain landscaping, including more than 40 date palms. Landscaping maintained by Burkhardt Construction, hlC, in Marg;lle, Florida. ",-";,,,~ 1-3 II!~RY~e~RA ~ East Side-West S',de-Seaside Renaissance ~lenadc References Please feel free to contact any or all of our references. Jitendra Patel Director, Design & Construction Management City of Hollywood 2717 Van Buren Street Hollywood, FL 33022 Phone: (954) 921-3900 Jack Andrews Assistant City Engineer City of Fort Pierce 100 U.S. Highway #1 Ft. Pierce, FL 33454 Phone: (561) 460-2200 Kim Briesemeister Manager City of West Palm Beach CRA P.O. Box 3366 West Palm Beach, FL 33402 Phone: (561) 659-8031 J dli-ey (his Director of Government Operations PMG Associates, Inc. 2151 W. Hillsboro Blvd., Suite 301 Deerfield Beach, FL 33442 Phone: (954) 427-5010 RFP No, 2006-1:) Maintcnan('c of Boynton Bca('h Boulevard Rachel Bach Executive Director Lake Worth CRA 8 South J Street Lake Worth, FL 33460 Phone: (561) 493-2550 Gail Hamilton CRA Manager Kissimmee CRA 320 E. Monument Avene Kissimmee, FL 34741 Phone: (407) 518-2544 Corev ()' Gorman Owner Corey W. O'Gorman, A.l.C.P. 409 Gulf Road North Palm Beach, FL 33408 Phone: (561) 801-2461 Lee Collum Former City Engineer City of West Palm Beach 704 Eastwind Drive North Palm Beach, FL 33408 Phone: (561) 840-1009 1-4 Vincent G. Burkhardt President ProCessional Credentials · Bachelor of Science in Building Construction, University of Florida, 1972, · Associate of Arts degree, Palm Beach Junior College, 1970. · Continuing Education Numerous industry related seminars for professional improvement and license renewals. · Certified General Contractor, State of Florida, CGC003711 ProCessional OI1!anizations (Present and Past) . Member, Palm Beach County Convention Center Facilities Management Construction Committee Chairman, Executive Committee, Advisory Council to the School of Building Construction, University of Florida National Director for the Associated General Contractors of America Florida East Coast Chapter, Associated General Contractors of America President, Board Member and chairman of various committees Chairman, Florida Associated General Contractor's Council Chairman, Construction Industry Management Council - Palm Beach County Member, School Superintendent Mill's Committee for the successful passage of the 1986, $317 million school construction bond issue Member, Palm Beach County Infrastructure Task Force committee Associate, American Institute of Constructors Chairman, Downtown Action Committee, City of West Palm Beach Member, Board of Directors, West Palm Beach Downtown Development Authority . . . . . . . . . . Special Qualifications . State Certified General Contractor Founder and President of Burkhardt Construction, Inc, 1975 31 years of successful claims free construction under the same name in the same location . . A wards · Associated General Contractors Build Florida Award - 2002, 2003, 2004 and 2005 Committee Chairman of the Year - 1996 AGC Scholarship renamed The AGC / Vincent G, Burkhardt Scholarship - 1994 Outstanding Committee Chairman - 1981 II-I · Honorary Member - Sigma Lambda Chi, International Construction Honor Society · Distinguished Alumnus Award, 2002 - 2003, University of Florida, M,E, Rinker, Sf. School of Building Construction Relevant EXDerience Civil & Sitework: Blue Heron Boulevard, City of Riviera Beach South Pointe Streetscape, City of Miami Beach Centrepark West, sitework - commercial development Harrison Street Streetscape, City of Hollywood Dreher Park, City of West Palm Beach Clematis Street Streetscape, City of West Palm Beach Narcissus Street Streetscape, City of West Palm Beach Downtown Amphitheatre, City of West Palm Beach Town Square & Fountain, City of West Palm Beach Quadrille Boulevard, City of West Palm Beach St. Mary's Hospital, sitework Palm Beach Gardens Medical Center, sitework Egret Cove, sitework - residential community Binks Forest, site work - residential community Central Park Plaza, sitework - commercial development Main Street Streetscape, City of Kissimmee Indian River Drive Streetscape, City of Fort Pierce Northwood Road Streetscape, City of West Palm Beach Broadway Streetscape, City of Kissimmee Young Circ1e/US Hwy 1 Streetscape, City of Hollywood Prosperity Pines, sitework - residential community Kane Concourse Street Closure, Town of Bay Harbor Islands Good Samaritan Hospital Memorial Cancer Garden Park A venue Streetscape, Town of Lake Park Kelsey Park Renovation, Town of Lake Park East Ocean A venue Promenade Streetscape, City of Boynton Beach Rosemary A venue Streetscape, City of West Palm Beach Saint Andrews Estates South, Boca Raton Lantana Nature Preserve, Town of Lantana Orange A venue Streetscape, City of Fort Pierce Professional EXDerience . 1975 - Present, Founding President and Owner, Burkhardt Construction, Inc, Responsible for all corporate and construction administration, 1972 - 1975, Estimator/Project Manager, Hedrick Brown Construction Company, West Palm Beach . 11-2 Dennis E. Haynes Vice President/ Project Principal Professional Credentials · Palm Beach Junior College, Lake Worth, Florida, · Allstate Construction College, Fort Lauderdale, Florida, · Certified General Contractor, State of Florida, CGC007105, Professional Omanizations · President, Florida East Coast Chapter, Associated General Contractors of America, 1987, · Director, Associated General Contractors of America, 1988-89, · Member, Sponsor, Speaker; Florida Redevelopment Association · Member, Board of Directors; Florida Redevelopment Association Special Qualifications . State Certified General Contractor Project Principal For Over 40 Streetscape and Site Work Projects Experienced in Streetscape Construction as Contractor, DesignlBuilder and Construction Manager at Risk Florida Redevelopment Association - Board of Directors . . . Relevant Experience . Boynton Beach Boulevard Extension and Promenade, 2006, Boynton Beach CRA Construction Value: $8,839,819.00 Ocean Drive & Beachland Boulevard Intersection Improvements, 2005, City of Vero Beach Construction Value: $167,125,00 Avenue A Streetscape, 2005, City of Fort Pierce Construction value: $508,912,00 South Second Street Streetscape, 2004, City of Fort Pierce Construction value: $987,000,00 Marina Square Plaza DesignlBuild, 2003, City of Fort Pierce Construction Value: $587,154,00 South Pointe Streetscape Phase 1, 2002, City of Miami Beach Construction Value: $2,607,243,00 D,D,A Plaza Amphitheater, 2001, Fort Lauderdale D.D,A Construction Value: $555,000,00 Bridgeside Square Streetscape, 2001, City of Fort Lauderdale Construction Value: $2,156,500,00 East Ocean A venue Streetscape, 200 1, City of Boynton Beach Construction Value: $1,705,000.00 Rosemary A venue Streetscape, 2001, City of West Palm Beach Construction Value: $2,425,094.00 . . . . . . . . . 11-3 · Riverwalk Park, Indian River Drive Streetscape, Manatee Center Parking Lot, 2000, City of Fort Pierce Construction Value: $885,000,00 · Young Circle Streetscape & Site II Streetscape, 2000, City of Hollywood Construction Value: $2,512,811.00 · Cancer Memorial Garden, 2000, Good Samaritan Hospital Construction Value: $291,075,00 · Kelsey Park, 1999, Town of Lake Park Construction Value: $988,100,00 · Park Avenue Streetscape, 1999, Town of Lake Park Construction Value: $1,600,000,00 · Broadway Streetscape, 1999, City of Kissimmee Construction Value: $1,900,000,00 · Northwood Road Streetscape, 1998, City of West Palm Beach Construction Value: $534,800.00 · Downtown Streetscape, 1997, City of Fort Pierce Construction Value: $661,337,00 · Main Street Streetscape, 1996, City of Kissimmee Construction Value: $1,600,000,00 · Harrison Street Streetscape, 1995, City of Hollywood Construction Value: $2,400,000,00 · Quadrille Boulevard, 1995, City of West Palm Beach Construction Value: +$ 2,000,000,00 · N. W, Neighborhood Streetscape, 1995, City of West Palm Beach Construction Value: $800,000,00 · Narcissus Avenue, Town Square, Amphitheatre, 1994, City of West Palm Beach Construction Value: $4,200,000.00 · Clematis Streetscape, 1993, City of West Palm Beach Construction Value: $2,100,000,00 Professional Experience · 1992 - Present, Chief Project Manager and Vice President, Horizontal Construction, Burkhardt Construction · 1985 - 1991, Founding President and Owner, Haynes & Wight, Inc, · 1972 - 1985, Estimator/Project Manager, Crabtree Construction, Inc, 11-4 Benjamin M. Hoadley Project Manager Professional Credentials · Bachelor of Science in Civil Engineering, Purdue University, 2001 · Indiana Professional Licensing Agency, Engineer Intern License, 2001 · OSHA Safety Certified Special Qualifications · Project Manager, Streetscape Division - duties consist of coordinating, scheduling and overseeing projects from start to finish Relevant Experience · Boynton Beach Boulevard Extension and Promenade, 2006, Boynton Beach CRA Construction Value: $8,839,819.00 · Hypoluxo Natural Scrub Area Park, 2004, Town of Hypoluxo Construction Value: $1,060,000,00 . Glenwood Physician's Clinic, Glenwood, IA HBE Corporation, Construction Value: $3,000,000.00 Adam's Mark Hotel, Northbrook, IL HBE Corporation, Construction Value: $40,000,000,00 Adam's Mark Hotel, Clearwater, FL HBE Corporation, Construction Value: $45,000,000.00 Transylvania Community Hospital, Brevard, NC HBE Corporation, Construction Value: $6,000,000,00 Eastman Credit Union, Kingsport, TN HBE Corporation, Construction Value: $12,000,000.00 City of Connersville Sewer and Water Distribution System, City of Connersville, IN, MD Wessler & Associates, Construction Value: $6,000,000,00 Department of Capital Asset Management, Indianapolis, IN MD Wessler & Associates, Construction Value: $2,750,000,00 . . . . . . Professional ExPerience . August 2003 - Present, Burkhardt Construction, Inc, 2001 - 2003, HBE Corporation 1997 - 1999, MD Wessler & Associates . . 11-5 Boynton Beach Boulevard Maintenance Proposal eRA RFP No. 2006-13 From: Burkhardt Construction, Inc. 1400 Alabama Ave. #20 West Palm Beach, FI. 33401 An: Dennis E. Haynes Tel: (561) 659-1400 Fax: (561) 659-1402 To: Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL. 33435 An: Robert Reardon and Vivian Brooks Tel: 737 - 3256 Fax: 737 - 3258 Project: C.RA Project # BBB2003-1, Maintenance Contract Proposal Boynton Beach Blvd. Extension & Promenade Item Description Quantity Unit Price Amount Yearly Maintenance Contract Routine Maintenance and Thorough Cleaning Including: LS $ 110,720.00 Pressure Washing (4 Times Per Year): Concrete Sidewalks Sidewalk Pavers Roadway Pavers Landscape Planters Seating Walls Furnishings Privacy Walls Routine Maintenance (4 Times Per Year): Inspection/ Maintenance of Systems (Electrical & Irrigation) Replacement of Broken or Damaged: Sidewalk Pavers Roadway Pavers Landscape Planter Walls Seating Walls Street Lighting Bulbs Monthly Maintenance: Stainless Steel Handrail Polish Inspection/ Maintenance of Stainless Steel Cables & Railing III,} Special Provisions 1 MAINTENANCE CONTRACT INCLUDES ROUTINE QUARTERLY SERVICE AND INCLUDES PRESSURE CLEANING OF FLATWORK! HARDSCAPE AND POLISH OF STAINLESS STEEL HANDRAIL ALONG BOYNTON BEACH BLVD FROM US1, TO THE PROMENADE. 2 PAVER BRICK! LANDSCAPE BLOCK MAINTENANCE IS INCLUDED IN THE ROUTINE QUARTERLY MAINTENANCE VISIT, PAVER BRICK! LANDSCAPE BLOCK REPAIR TO BE PRICED SEPARATELY. 3 WATER TO BE SUPPLIED BY OWNER. 4 ANY AND ALL MATERIALS FOR EXTRA WORK WILL BE BILLED AT ACTUAL INVOICE AMOUNT PLUS 15% OVERHEAD AND 10% PROFIT (EXAMPLES: SCREED SAND, MORTAR, PAVERS, ETC.) 5 LANDSCAPE & IRRIGATION MAINTENANCE IS BEING PERFORMED BY OTHERS AND IS NOT INCLUDED IN THIS AGREEMENT. 6 THIS PROPOSAL PROVIDED FOR ANNUAL SERVICE MAINTENANCE AND IS NOT APPLICABLE TO EMERGENCY/ SEVERE WEATHER CLEANUP, 7 ADDIITIONAL MAINTENANCE REQUIRED BY THE CLIENT WILL BE BILLED AT THE FOLLOWING HOURLY RATES: LABORER $25.00 CREW TRUCK $10.00 EQUIPMENT OPERATOR $40,00 FOREMAN/ SUPERVISOR $65.00 PAVER MAINTENANCE $48.00 ELECTRICIAN $75.00 BUCKET TRUCK W/ CREW $195.00 WHEEL LOADER $50.00 BOBCAT $40.00 1II-2 AC#21187 41<; ............ .' .$TATlEC)fF~D~ .' l).PJUt'!'.llD'i'Q:P:a'(1S~SSAtfoP'OrESS::tON~ ~'1'J:ON .' .... .CQNS"l'RP~~m't>t.:t~;mG.~" SEQllr.:060/i:J.SO092-t <,.,:~,>_.~:;',:' -::'~;~\,::,(fi<:;:c.' ,.', ::::,-,_~; ~,":~ '::-;"'\":-,':":",:~:-::::'-- ';",:' ': <,-,- ',' - " , " >: " sa, . It 0'3'711 FS. JBBWSH GOVl!:DOR OISPLAY AS REQUIRED BY LAW BDIONB.llAJtSlrJ:LLBR SECRl!l'tARY ACt 2 0464 4 5 STATE OF FLORIDA DEPARTMENT OF BUSJ:NESS AND PROFESSJ:ONAL REGULATJ:ON CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L05062200357 __LICENSE NBR 106/22/2005 1000000000 IQB25618 The BUSINESS ORGANIZATION Named below IS QUALIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31. 2007 (THIS IS NOT A LICENSE TO PERFORM WORlt. THIS ALLOWS COMPANY TO DO BUSINESS ONLY IF IT BAS A QUALIFIER.) BURKHARDT CONSTRUCTION INC 1400 ALABAMA AVENUE I STE 20 WEST PALM BEACH FL 33401 JEB BUSH GOVERNOR DISPLAY AS REQUIRED BY LAW DIANE CARR SECRETARY 1I8I-OS776 STATE O.f FLORIDA eH COUNTY "IN$E 30 - 2007 CW...001 CLASSIFICATION CI'WIDE $369.60 TOTAL $369.60 C THIS fS NoT A "LL - ~ No1 ~Y_J P4ID. PIC TAX CIlLLECTOR ~ _,"." ~ ... '01l$'" =:_~ nus LICENSEV'ALlD ON"" WHEN RECEIP11!D 8Y , TAX COU.Ec1'OR '.' '...,;,' . ',:,:"t '",yt ".Y.' '''- ... .. ,,'.. . ...:". ; t ,>"J, . ,;"-;', , ,v, , "~-;": s :'~(. . . ~;I!~ e":.. ~(ll~ .. :- ;.: ' ., I" ~': .~ -:- ~,v . .". Jo':l' ;~:~,::~ g'll~ ~\:. ~it>- .:.':~:'. ~(Il~ .":~~'- ~'It; .">;- ~llt~ .--'~':e- ~(li5 e,;',',. l' r~~\.,o!_~',;""~,.,, !.'>_:,~. />',t ",,'_.".,' :,('~'.'. '.~':. . '(..:.'. >.](1 ~;: .... ,-'.... ,'''' .... .... ... ... j ..,',,:, ,.;:-. "':', , '.::-, ,-:;, , '.,';'., ',> . '~,', t ..::,. t S;', t,;' fjfj ~tatt 0 ,,-~IOrtba IItpartmtnt of 6t8tt I certify from the records of this office that BURKHARDT CONSTRUCTION, INC. is a corpora~n ~rganized under the laws of the State of Flodd.a-fiJed..on.,_ September 24, 1975. The document number of this corporation is 484922. I further certify that said corporation has paid all fees due this office through December 31, 2006, that its most recent annual report/uniform business report was filed on April 24, 2006, and its status is active, I further certify that said corporation has not filed Articles of Dissolution. - .._e__._.......__..q'..__ ._ Given under my hand and the Great Seal of the State of Florida at TaHahassee, the ~, this the Eighth day of May, 2006 CR2E022 (01-06) :;~:~ .Jl!I~~IoJ. Sl'CTl'tary of ,.-Statl' I .-;'-. ~i]'~ e':_ ~I:'~ . . ):'~ .,~,. }_Z'~ .' . !.:': ':: .'"'- ::.: ';, . . ~(ll~ . . ;il'~ -:. ~,I,l_,,~ -:'/. .1.,..- :.'. '.' .::: .:: . . ~iJ i~- .". ~": ',,' s " . . ~:,I,l~ . ',:. ~i::,~ .,..'. ~1,'ll~ .',:". ~1:li~ .:. 5> :;~ . '. ?,Zi; . . ;t_:,i~ . . ~ '~ .... ;',:'-: ,1 ,~ ';;".-.;...; ::': '.: I ACORCt CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) 9/26/2006 I PRODUCER (561) 655-5500 THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION \cordia West Palm Beach ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1501 South Flagler Drive, Suite 600 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Nest Palm Beach, Fl33401-5914 I INSURERS AFFORDING COVERAGE NAIC# I INSURED Burkhardt Construction, Inc, & Bahama Equipment, INSURER A: Owners Insurance Co 1 Inc, INSURER B: Auto-Owners Insurance Co 1400 Alabama Avenue INSURER C: CRC Insurance Services I West Palm Beach, Fl 33401 INSURER 0 Zenith National Insurance Corp. I INSURER E: BURKCON-01 AllJ COVERAGES I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR I MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, II~:: ~~~ TY"", 0"' I POLICY NUMBER P~}~~~U'JR~E POLICY EXPIRATION LIMITS I ~NERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 20671560-05 10/1/2005 10/1/2006 ~~~~~~9E~Eo~~~r~nce ) $ 50,000 I U CLAIMS MADE 0 OCCUR 5,000 "'- MED EXP (Anyone person) $ I f-- PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 1,000,000 I $ 1,000,000 OO'L AGGRnE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG I X POLICY ~bWT n LOC 'B ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ~ ANY AUTO 9679014300 10/1/2005 10/1/2006 (Ea accident) I X ALL OWNED AUTOS BODILY INJURY - $ X SCHEDULED AUTOS (Per person) I - X HIRED AUTOS BODILY INJURY - $ I X NON-OWNED AUTOS (Per accident) f-- I "'- PROPERTY DAMAGE $ (Per accident) I GARAGE LIABILITY AUTO ONLY, EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ 1 AUTO ONLY: AGG $ I EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 4,000,000 C ~ OCCUR 0 CLAIMS MADE 66A3UBOOO0131-o1 10/1/2005 10/1/2006 AGGREGATE $ 4,000,000 I $ J ~ DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND xl WC STATU- I 10TH' TORY LIMITS ER 10 EMPLOYERS' LIABILITY Z050024324 1/1/2006 1/1/2007 500,00C EL EACH ACCIDENT $ ANY PROPRIETORlPARTNERlEXECUTIVE 500,00C OFFICERlMEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE $ I ~p~Mt~~~V1~16~s below 500,000 EL DISEASE, POLICY LIMIT $ I OTHER I I DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS :ertificate Holder is an Additional Insured with respect to General Liability I I I CERTIFICATE HOLDER CANCELLATION BOYTON BEACH C.R.A, 915 S. Federal Hwy, BOYNTON BEACH, Fl 33435- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TliE EXPIRATION DATE THEREOF, TliE ISSUING INSURER WILL ENDEAVOR TO MAIL 3~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE c:? \CORD 25 (2001108) @ACORD CORPORATION 1988 6-15 PUBLIC ENTITY CRIMES . All RFP Invitations as defined by Section 287,012(11), Florida Statutes, requests for RFP's as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing. persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a RFP on a contract or provide any goods or services to a public entity, may not submit a RFP on a contract with a public entity for the construction or, repair of a public building or public work, may not submit RFP's on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 6-16 ADVERTISING In submitting a response to this RFP, the PROPOSER agrees not to use the results therefrom as a part of any commercial advertising, Violation of this stipulation may be subject to action covered under "NONCONFORMANCE TO CONTRACT CONDITIONS", 6-17 ASSIGNMENT Any Purchase Order issued pursuant to this RFP invitation and the monies, which may be come due hereunder, are not assignable except with the prior written approval of the CRA, 6-18 LIABILITY The PROPOSER shall hold and save the CRA, its Board, its agents, its volunteers and its employees, harmless from liability of any kind in the performance of any resulting contract. r Principal Agent 7/&:9/C6 Date ' I Page 9 of23 Slira11 l-IoocJ I~ Witness (Print) ~~ q I a.o, .I ()V; Date Page 10 of23 ATTACHMENT 1 THE PROPOSER ACKNOWLEDGEMENT Submit RFP's To: Boynton Beach Community Redevelopment Agency (CRA) 915 S. Federal Highway Boynton Beach, FI 33435 Attention: Robert Reardon and Vivian Brooks RFP Title: CRA RFP No 2006 - 13 RFP Rece.ived By: , 2006 Eastern Standard Time NO later than 3:00pm RFP Date and Time Received (CRA Use Only): RFP's will be opened in the eRA Office unless specified otherwise, Deadline for receiving this RFP is scheduled for: September 29, 2006 at 3:00 p.m. and may not be withdrawn for ninety (90) days after such date and time, All awards made as a result of this RFP shall conform to applicable policies of the eRA and the requirement of state law, Name of Proposer: Burkhardt Construction, Inc. Business Name & Form: Burkhardt Construction, Inc. / A Florida Corporation Mailing Address: 1400 Alabama Avenue, Suite 20 West Palm Beach, FL 33401 Physical Address: 1400 Alabama Avenue, Suite 20 West Palm Beach, FL 33401 Cityl Statel Zip: \NF>Rt: Pa] m Beach. FL 33401 Area Code: 561 Telephone Number: 659-1400 Area Code: 561 Telephone Number: Fax 659-1402 E-Mail: bcistreetscapes@bells Dennis E. Haynes,Vice President Name Typed or Printed Page 11 of23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ATTACHMENT 2 City of Boynton Beach Community Redevelopment Agency (CRA) EXAMPLE OF CONTRACT FOR MAINTENANCE OF BOYNTON BEACH BOULEVARD PROMENADE THIS IS AN AGREEMENT, entered into this _day of , 2006, between the Boynton Beach Community Redevelopment Agency, hereinafter referred to as "CRA", and , a Professional Business, authorized to do business in the State of Florida, hereinafter referred to as the "PROPOSER." 1. SCOPE OF SERVICES: 2. TERM: The term of the agreement shall commence no more than Thirty (3D) days from the signing of the contract and shall expire on 3. TIMING OF THE WORK: · PROPOSER shall use reasonable efforts, subject to laws, regulations, and professional standards applicable to complete the services required in accordance with date of this contract. · CRA understands that the proper and timely completion of PROPOSER's services hereunder require the reasonable cooperation of CRA and their agents, CRA agrees to provide all such reasonable cooperation requested by the PROPOSER. · PROPOSER agrees to be responsible for the performance of the employees of the CRA. 4. COMPENSATION: · Compensation for the above-described Section 1, shall be dollars ($ services, as defined in ), Please see the cost proposal in Section III. Page 12 of23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Optional Item Pricing o o o dollars. ($ dollars. ($ dollars. ($ ) ) ) PROPOSER will invoice the CRA for services as work progresses and will be payable on a. quarterly basis. It is expressly understood that any incidental or out-ot-pocket costs incurred by The PROPOSER are covered by the total compensation and are not to be billed separately. · Fee schedule for additional services are attached as Exhibit "A". Invoices received from the PROPOSER pursuant to this agreement wlll be reviewed and approved by the CRA Director of Finance and are subject to inquiry and revision based ,upon work performed. 5. CHANGES IN SERVICES: The CRA and the PROPOSER recognize that the scope of services and compensation under this agreement are predicated upon current laws, regulations, and professional standards relating to such services, The CRA .and the PROPOSER further recognize that the scope of services and compensation under this agreement are predicated upon expectations of reasonable cooperation with the PROPOSER by ORA pursuant to this agreement, and the absence of any irregularities or extraordinary circumstances, which might necessitate the extension of mass modeling services beyond the normal scope ot services. Should irregularities increase in the level of services required under applicable law, regulations or professional standards, or other unforeseen conditions be encountered which might necessitate the extension of the work beyond the scope of normal procedures, the PROPOSER agrees to advise the ORA promptly in writing of the circumstances, In addition, the PROPOSER shall request an equitable adjustment in the maximum fee before significant additional time is incurred by the PROPOSER. Any such requests for adjustments shall be in writing and shall contain a detailed explanation of why the adjustments are necessary. The eRA and the PROPOSER agree to negotiate in good faith to determine an equitable adjustment in the maximum fee, Should the CRA and the PROPOSER be unable to agree upon an equitable adjustment within 14 days of the PROPOSER's written request, or such other time as agreed upon in writing by the eRA and the PROPOSER, either party may, notwithstanding any other provision in the agreement, terminate this agreement upon seven (7) days notice to the other party. The CRAshal1 be liable for time charges actually incurred by the PROPOSER except for any such additional time, Which has been included because of the circumstances necessitating adjustment. Page 13 of23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 6. ADDITIONAL SERVICES: In the event that the CRA and the PROPOSER mutually a.gree that the PROPOSER will 'provide additional services, the terms and total fees are negotiated separately for each proposed project. 7. TRUTH-IN-NEGOTlATION CERTIFICATE: Signature of this agreement by the PROPOSER shall act as the execution of truth-in- negotiation certificate certifying that the estimated time charges and expense used to determine the compensation provided for in this agreement are accurate, complete, and current as of the date oHhis agreement. 8. FJELD WORK: The PROPOSER shall use reasonable efforts, subject to laws, regulations, and professional standards applicable to the services hereunder to complete the fieldwork at such time necessary to meet the timing requirements. 9. SUPPORT PERSONNEL: Throughout this contract, eRA Staff will be made reasonably available to the PROPOSER to provide assistance for various tasks. 10. CANCELLATION OF AGREEMENT: Either the CRA or the PROPOSER may cancel this agreement by written notice to the other party given not later than fourteen (14) days. The parties agree that such cancellation on its part shall be only for cause and after appropriate discussion with the other party. Notwithstanding the foregoing paragraph of this section, the PROPOSER may resign or the CRA may terminate the PROPOSER and terminate this agreement at any time with or without cause as required in accordance With the laws, regulations, and professional standards applicable to the type of services provided under this agreement. 11. EXCUSABLE DELAYS: The PROPOSER shall not be considered in default because of any failure in performance if such failure arises out of causes reasonably beyond the PROPOSER's control and Without its fault or negligence, Such causes may include, but are not limited to, acts of God, natural, or public health emergencies, 12. CONTINGENT FEES: The PROPOSER warrants that it has not employed or retained any company or person to solicit or secure this agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other that a bona fide employee working solely for the PROPOSER any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making the, agreement. Page 14 of23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 13, NON-DISCRIMINATION: , The selected propser1 its successors and assigns, agree that no person shall on the grounds' of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination. Should such discrimination occur, the. eRA will provide notice to the Developer of a breach of this condition and thereafter, Developer has 15 days to demand arbitration as to the claim of discrimination. The parties will then mutually agree to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern, This arbitration is independent of any other actions being taken by other agencies, However. a finding by any other agency br court that such discrimination has occurred may be relied upon by the eRA as conclusive proof of a breach of this provision. If Developer does, not demand arbitration Within 15 days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the eRA shall have the right to terminate any such Agreement it has entered into with Developer and pursue any and all other lawful remedies, Page 15 of23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 14. INDEPENDENT CONSUL TANT RELATIONSHIP: , The PROPOSER is, and shall be, in the performance of all work services and activities under this agreement, an Independent Contractor, and not an employee, agent, or servant of the CRA. 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 the PROPOSER's sole direction, supervision, and control. The PROPOSER shall exercise control over the means and manner in which it and its employees perform the work, and in all respects I the PROPOSER's relationship and the relationship of its employees to the ORA shall be that of an Independent Contractor and not as employees or agents of the ORA. The PROPOSER does not have the power or authority to bind the CRA in any promise, agreement, or representation other than specifically provided for in this agreement. 15. SEPARABILITY: If any term or provision of this agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this agreement or the application of such terms or provisions, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this agreement shall be deemed valid and enforceable to the extent permitted by law, 16. ENTIRETY OF CONTRACTUAL AGREEMENT: The CRA and the PROPOSER agree that this agreement sets forth the entire agreement between the parties, in addition there are no promises or understandings other than those stated herein, None of the provisions, terms, and conditions contained in this agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto, 17. AMENDMENTS AND MODIFICAnONS: No amendments and/or modifications of this agreement shall be valid unless in writing and signed by each of the parties. 18. NOnCE: All notices required in this agreement shall be considered delivered when received by certified mail, return receipt requested, or personal delivery and if sent to the ORA, shall be mailed to: CRA Executive Director 915 S. Federal Highway Boynton Beach, FL 33435 , Page 16 of23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE In addition, if sent to the PROPOSER, shall be mailed to: Firm: Burkhardt Construction, Inc. Contact: Dennis E. Haynes, Vice President Address: 1400 Alabama Avenue, Suite 20 West Palm Beach, FL 33401 19. INSURANCE: The PROPOSER FIRM shall obtain all insura,nce required by the CRA as shown on Attachment "8" which becomes a part of this agreement. The insurance must remain in force throughout the terms of this agreement. Please see the attached Certificate of Insurance. 20. VENUE: Any disputes arising out of this agreement shall be filed in the 15th Judicial Circuit Court in and for Palm Beach County, Florida or the Southern District Court of Florida if filed in U.S. Federal Court, WHEREFORE, the parties have signed this agreement on the date first above written, PROPOSER BOYNTON BEACH eRA By: By: Dennis E. Haynes, Vice Pres. Name & Title Chairperson Witness: Witness: Page 17 of23 THIS PAGE TO BE SUBMITTEO ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ATTACHMENT 3 ADDENDA BOYNTON BEACH eRA RFP TITLE: MAINTENANCE OF BOYNTON BEACH BOULEVARD PROMENADE FIRM'S NAME: Burkhardt Construction, Inc. DATE SUBMITTED: September 29, 2006 We propose and agree that if this RFP is accepted to contract with the eRA, the PROPOSER will furnish all materials, equipment, transportation, labor, and services necessary to compllSte/provide the work specified by the Contract documents. Having studied thIS documents prepared by: The ORA Staff And having examined the following addendum we propose to perform the work of Boynton Beach Boulevard Promenade Maintenance according to the Contract documents and the following addenda I which we have received: ADDENDUM DATE ADDENDUM DATE /~~+ '7lzi~ Dae Page 18 of23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Attachment 4 STATEMENT OF THE PROPOSER QUALIFICATIONS The PROPOSER submitting the RFP shall prepare and submit the data requested in the following schedule of information, This data must be included in and made part of each RFP document. Failure to comply with this Instruction may be regarded as justification for rejecting the RFP, * Attach additional sheets giving the information 1. Name of the PROPOSER: Burkhardt Construction, Inc. 2, Business Address: 1400 Alabama Avenue, Suite 20 ' West Palm Beach, FL 33401 Phonel Fax! E-Mail: 561-659-1400/ 561-659-1402/ bcistreetscapes@bellsouth. net 3, When Organized: September 24, 1975 4. Where Incorporated: State of Florida 5, How many years have you been engaged in business under the present firm name? 31 6. Contracts on hand: *GROSS AMOUNT: *(Each Contract) 7, Have you ever failed to complete any work awarded to you? If so, where and why? * 8. Have you ever defaulted on a contract? If so, where and why? * 9. Experience in performance of work similar to this project. * 10, Background and experience of principal members of your personnel, inCluding officers. '* 11, List all lawsuits (related to .similar projects (5)) to which you have been a party and which:* A. Arose from performance:* 8. Occurred within the last 4 years:* C, Provide case number and type,* Page 19 of23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 12. Financial statement. (If requested), * Dated on: this 29 day of September 20 06 Name Dennis E. Haynes (Printed or typed) Tttle Vice President Page 20 of23 THIS PAGE TO BE SUBMITTED ALONG WITH RF=P IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ~~NY~8crfCRA . East Side-West Side-Seaside Rena'lssance RFP No, 2006-1:~ Mailllenance of Boynton Beach Boule\';ml Promenade AUadullcnt 4. 6. Contracts on hand: Job Name Gross Contract Completcd to \V ork on Amount Date Hand Lake Worth CRA 8,359,471 4,353,512 4,005,959 City of Fort Pierce 7,376,897 3,374,722 4,002,175 City of Rockledqe 4,262,392 0 4,262,392 City of Hollywood 17,105,932 5,160,926 11,945,006 Sikes Restoration 1,000,000 708,132 291,868 City of Melbourne 1,639,992 319,300 1,320,692 City of West Palm Beach 8,965,531 0 8,965,531 TOTALS 48,710,215 13,916,592 34,793,623 7, Havc you cvcr l'ailed to completc any work aw;u'dcd to you;) No. Burkhardt Construction, Inc. is proud that in its entire 31-year history the company has successfully completed every project undertaken. 8. Have you ever def~lUltcd on a contract:> No. Burkhardt Construction has fulfilled every contractual obligation ever entered into. 9. Expericnce in perf<:mnancc of ,vork similar to this project. Burkhardt Construction has streetscape maintenance experience in the Cities of West Palm Beach and Margate. This work included landscape maintenance I paver maintenance and repair, pressure cleaning and lighting maintenance. Photographs of the projects we maintained can be found n Section I. 10. Background and cxperience or principal members of your personnel, including ofIiccrs. Please see the resumes in Section II for background and experience, Attachment 4 IIIJ!lINY~T81f: RA iIIi East Side-West Side-Seas',de Renaissance RFP 1\ o. 2006- n \1aill[ClliUKC oj' BOYlltOll Beach Bouleyard Promenade 11. List all lawsuits: In its entire 31-year history, Burkhardt Construction, Inc. has never had a construction claim filed against the company by an Owner and the company has never filed a construction claim against any Owner. No lawsuits have ever arisen from performance, That's correct - 31 years, zero construction litigation 12. Financial statement. Financial statements are available upon request. Attachment 4 ATTACHMENT 5 NONCOLLUSION AFFIDAVIT OF THE PROPOSER State 0f Florida Coumyof Palm Beach Dennis E. Haynes , being first duly sworn, deposes and says that: Burkhardt Construction, Inc. I am the vice President PROPOSER (Title) of ,(Name of Corporation or Business Entity) that has submitted the attached RFP: I am fully informed respecting the preparation and contents of the attached RFP and of all pertinent circumstances respecting such RFP, Said RFP is genuine and is not a collusive or sham RFP. Further, the said THE PROPOSER nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with~ny other Firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other firm or person to fix the price or prices in the attached RFP or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other Firm, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Community Redevelopment Aoencv (CRA) or any person interested in the proposed Contract. The qualifications quoted in the attached RFPare fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of THE PROPOSER or any of' ts, representatives, owners, employees, or parties in interest, including this affia . (Signed) (Title) Ku /ieE$ /.o~ Subscribed and sworn to before me This d.~ daYOf~ My commission expires 7{ IL/ /07 ,200Cc ~~ ~J\ Sarah P BUrkhardt \~ -1 My ?omm;ssion 00232023 ", ,..rJ>' Expires July 14, 2007 Page 21 of23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ATTACHMENT 6 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA) : SS COUNTY OF PALM BEACH) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein proposed will be paid to any employees of the Boynton Beach CRA as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an -officer of the corporation. ~ - SIGNA TUR Sworn and subscribed before me this ~ day of ~~ 2006 Printed Information: Dennis E. Haynes NAME Vice President TITLE ~-~ / NOTARY PU LlC, State of Florida at Large Burkhardt Construction, Inc. COMPANY ,"';J\. Sarah P Burkhardt \,....i My Commission 00232023 0, ",'" Expires July 14, 2007 "OFFICIAL NOTARY SEAL" STAMP Page 22 of23 THIS PAGE TO BE SUBMITTED ALONG WITH RFP IN ORDER FOR PACKAGE TO BE CONSIOERED COMPLETE AND ACCEPTABLE Attachment 7 CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify the firm of Burkhardt Construction, Inc -responding to this RFP maintains a drug~free workplace program, and that the fOllowing conditions are met: (1) We publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying that actions will be taken against employees for violations of such programs. (2) We inform employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) We give each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1), (4) In the statement specified in Subsection (1), we notify the employee that,as a condition of worki.ng in the commodities or contractual services covered under this RFP, they will abide by the terms of the statement; and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than fIVe (5) days after such conviction. (5) We impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted, (6) We make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person aut above requireme ts, Authorized Signature' Name & Title (typed) Page 23 of23 COMMUNITY REDEVELOPMENT AGENCY GEODATABASE DEVELOPMENT CITY OF BOYNTON BEACH G E E B Guided By Geography - Powered By Integration GEOWeb Consult Services 117 South Seacrest Boulevard, Boytnon Beach, FL 33435 Karen Volarich, President Phone.' 561-906-4482 Email: kvolarich@geoweb-consult-serv.ices.com June 9, 2006 ~. Guided By Geography - Powered By Integration ~.;.. 'i/:i, , GEOWEB TABLE OF CONTENTS Title Page Table of Contents Letter of Transmittal Statement of Qualifications General Information Experience Resumes Geodatabase Development References Proposed Project Scope Geodatabase Implementation Timeline and Cost 1 ..' Guided By Geography - Powered By Integration ~~ ~, GECWEB June 9, 2006 Boynton Beach Community Redevelopment Agency 639 E. Ocean Avenue Boynton Beach, FL 33435 RE: Community Redevelopment Agency Geodatabase Development Dear Sir or Madam: GEOWeb Consult Services is pleased to present our response to your Request for Proposal. GEOWeb is seeking approval to provide professional services to the City of Boynton Beach for developing and implementing a Geodatabase for the Community Redevelopment Agency. We have provided our proposal for your review, In the following documentation, GEOWeb will demonstrate its ability to meet and exceed the proposal requirements and evaluation factors. GEOWeb is also providing costs for providing those services as requested by the City of Boynton Beach CRA. We appreciate the opportunity to be of service to the City of Boynton Beach CRA. Should you have any questions, please do not hesitate to contact me, Sincerely, he-- \J X .f Karen V olarich President 2 ~ Guided By Geography - Powered By Integration ~.o; ~. GEOWEB PROPOSAL STATEMENT GEOWeb Consult Services is pleased to present this proposal to the City of Boynton Beach Community Redevelopment Agency (CRA). Through the following documentation, GEOWeb will set forth in detail how our proposal meets the proposal requirements and evaluation factors. (l) General Information GEOWeb Consult Services is a local firm based in the City of Boynton Beach, FL, which is where all work will be performed. The business is organized as a Sole Proprietor and was established in January of 2000. GEOWeb is a registered company with the State of Florida. GEOWeb Consult Services uses innovative techniques to create solutions for our clients, This ability comes from our thorough knowledge of GIS technology, including, but not limited to, GIS Project Management, GIS design and maintenance, Mapping solutions, Geodatabase design and implementation, web-based mapping solutions, and GIS standard data model implementations, GEOWeb was founded for the purpose of creating a local firm that specializes in providing Geographic Information Systems (GIS) services to local government clients. The firm is built on solid technical knowledge and experience and provides the highest level of service to its clients. Financial Information The firm has the appropriate financial capability to provide professional consulting services to the Town of Davie. The firm is financially sound and has no long term corporate debt. The firm has sufficient financial reserves to continue operations and complete its projects. Materials and Equipment GEOWeb owns the necessary materials and equipment to provide professional services to the Town of Davie. The firm currently owns three desk top computers, two laptop computers, an HP Designjet plotter and an HP Deskjet color printer. The firm owns and utilizes GIS software from ESRI, including the latest version of ArcInfo, ArcGIS, ArcIMS, ArcSDE, and ArcPad. The firm also utilizes a high-speed Internet connection to allow for high speed downloads and transfer of data, Insurance GEOWeb has the capability to meet/exceed any insurance requirements of the City of Boynton Beach CRA for this project. GEOWeb is insured through Evanston Insurance, Company. 3 ~, Guided By Geography - Powered By Integration ~~ tQi" GECJWEB (2) Experience GEOWeb Consult Services has obtained a significant amount of technical and analytical experience and expertise in GIS and ESRI product support. The following is a partial list of the actual technical experience and expertise, GIS project design, implementation and management ArcSDE Geodatabase design and implementation ArelMS design and implementation Advanced GIS mapping and analysis GIS coordination and training Database integration with GIS Field data collection for GIS Property Appraiser technical support GIS Parcel Mapping Utilities inventory, project design and maintenance Stormwater inventory and database design Routing for fire station location analysis Future land use / zoning analysis and updates Transportation impact analysis with GIS Global positioning systems Field data collection specifications for GIS projects Zoning GIS edits Fire, Police & E911 Mapping Support Community redevelopment area (CRA) value analysis GIS Emergency Operations Center Planning Post hurricane GIS analysis Multifamily/single family housing analysis GIS training for public works department Historical structures analysis using GIS GEOWeb is pleased to have been awarded a contract for Broward Sheriff's Office As Needed Technical Services during the years 2001-2006. GEOWeb has been actively involved in several key projects for the Broward Sheriffs Office over the past five years including ArcSDE Geodatabase implementation, ArelMS design and implementation, and ArcGIS Mapping Applications. The firm has also been very successful with other GIS projects for other local governments including the following: City of Fort Lauderdale - Downtown Development Authority City of Hollywood - FEMA Mapping City of Hollywood - ArcSDE Geodatabase Design and Implementation City of Hollywood - Assisted Living Facilities Mapping City of Hollywood - Police and Fire Zone Mapping City of Hollywood - Utilities/Accela GIS Implementation 4 III' Guided By Geography - Powered By Integration ~.. ~, GEOWEB City of Hollywood - GIS Training Broward Sheriffs Office - Crimetrac ArcGIS Desktop Application Broward Sheriffs Office - Hurricane Response Support Broward Sheriffs Office - Hardware/Software Integration Support Broward Sheriffs Office - ArelMS Application Development Broward Sheriffs Office - Hardware/Software Maintenance and Support Broward Sheriffs Office - Technical Mapping Support Broward Sheriffs Office -- Training City of Lauderhill - GIS Software Maintenance and Support City of Lauderhill- ArelMS Parcel Mailing Notification Application City of Coral Springs - GIS Geodatabase Data Integration City of Coral Springs - GIS Desktop Query Application Development City of Coral Springs - Training Florida Atlantic University - FDOT Noise Barrier Geodatabase Design Florida Atlantic University - FOOT Noise Barrier Desktop Query Application Monroe County Property Appraisers Office - ArelMS Application Development Monroe County Property Appraisers Office - Geodatabase restructuring All of these projects have been completed on schedule. In the case of the Hurricane response where speed and accuracy are critical in reimbursement of funds from FEMA, GEOWeb played an integral role in accomplishing this. Ms. Karen Volarich is the President and Owner of GEOWeb Consult Services of Boynton Beach, Florida. The company was established in 2000 and has been serving local government agencies in support of their GIS efforts. Ms. V olarich will serve as Principal in Charge for the firm for the upcoming City of Boynton Beach CRA Geodatabase Project. Ms. Volarich will perform all project activities for GEOWeb. (3) Resumes See Attachment 'A'. (4) Geodatabase Development GEOWeb has had extensive experience in the development of geodatabases, from Enterprise-wide to Personal. Each geodatabase is designed with the end-user/client requirements in mind. Enterprise-wide geodatabases are designed to meet the needs of an entire agency by granting read-only access to the majority of users, but editing capabilities for those who are responsible for the maintenance of the data (i,e., data stewards). Personal geodatabases have been created for application specific projects, where an Enterprise-wide system may not exist, but the structure of such a database is required for GIS analysis and mapping. By creating a Personal geodatabase, the eventual transition of the data to an Enterprise-wide system can be made seamlessly. 5 ... Guided By Geography - Powered By Integration ~~ ~, GEOWEB Geodatabases developed and implemented by GEOWeb: 1. Broward Sheriffs Office - Enterprise Geodatabase 2. City of Hollywood - Enterprise Geodatabase 3. Florida Atlantic University - FDOT - Personal Geodatabase 4. Florida Atlantic University - Fort Lauderdale DDA - Personal Geodatabase 5, City of Coral Springs Police Department - Enterprise Geodatabase 1, Broward Sheriffs Office 260 1 West Broward Boulevard Fort Lauderdale, FL 33301 Scott Burton, GIS Administrator Phone: 954-592-1695 Phone: 954-321-4771 Email: scott burton@sheriff.org Proiect Scope Install and configure ESRI ArcSDE software on an enterprise-wide server. Convert shapefile and coverage data types into geodatabase feature class format. Organize data into feature datasets as needed. Establish scripts to convert table data from outside database into spatially enabled format (x,y coordinate) for use with GIS feature classes within enterprise geodatabase, 2. City of Hollywood 2600 Hollywood Boulevard Hollywood, FL 33083 Angie Hein, Senior Systems Analyst Phone: 954-921-3215 (Angie Hein) Fax: 954-921-3488 Email: ahein@hollvwoodfl.org Proiect Scope Install and configure ESRI ArcSDE software on an enterprise-wide server. Convert shapefile and coverage data types into geodatabase feature class format. Organize data into feature datasets as needed. Setup relationship classes so that non-spatial table data can be linked to GIS feature class data, 6 ... Guided By Geography - Powered By Integration ~.. ~, G E [] WEB 3. Florida Atlantic University - FDOT Project 111 East Las Olas Boulevard Fort Lauderdale, FL 33311 Scott Burton, Principal Investigator Phone: 954-592-1695 Email: sburton@fau.edu Proiect Scope Personal geodatabase created based upon the ESRI Transportation Data Model. Inventoried and the created a database schema for the geodatabase based on parameters loosely coupled with the Transportation Data Model, also created a Graphical User Interface to query data an easy manner from the geodatabase. 4. Florida Atlantic University - Downtown Development Authority Project 111 East Las Olas Boulevard Fort Lauderdale, FL 33311 Scott Burton, Principal Investigator Phone: 954-592-1695 Email: sburton@fau,edu Proiect Scope Create a database for storing information regarding commercial properties available for lease or purchase for the Downtown Development Authority of Fort Lauderdale. This data was then linked to GIS data and a website where the public could query to find available space in a specific geographic area. 5. City of Coral Springs Police Department 2801 Coral Springs Drive Coral Springs, FL 33065 Jennifer Uhde, Crime Analyst Phone: 954-346-1230 Email: pdiam@coralsprings,org Proiect Scope Configured existing enterprise geodatabase with Police Department feature classes, relationship classes. Create scripts for linking non-spatial table data with GIS feature classes, 7 ..' Guided By Geography - Powered By Integration ~~ ~, GEOWEB (5) Proposed Project Scope A geodatabase is the "top-level unit of geographic data. It is a collection of datasets, feature classes, object classes, and relationship classes, it represents the next generation of GIS data models." (Zeiler, 1999), Simply put, the geodatabase is like a storage container holding spatial data. All the data in this container is organized based on relationships and commonalities. Geodatabases are usually separated into broad categories of data like transportation, environment, and aspects of infrastructure, Feature classes within a geodatabase are either stand alone features or they can be topologically integrated like the coverage data model, allowing improved relationships among feature classes that the coverage model did not have. An important concept of the object-oriented geodatabase data model is that features within the geodatabase are represented as 'smart features'. According to Zeiler (1999), objects in the real-world have natural rules and relationships that they follow. Features in a geodatabase have a framework of attributes, geometry, spatial reference, relationships, validation rules, and topology. All aspects of this framework is built within the geodatabase itself, allowing considerable control in modeling real-world phenomena more naturally. Designing a geodatabase is essential since users can employ a progressive set of steps to add the intelligence framework within the geodatabase itself. Zeiler (1999) further states that the geodatabase data model brings the physical data model closer to its logical data model. From a technical perspective, the geodatabase follows the fimdamental relational data model in which each object and its attributes are stored as a row in a table. An object represents a feature or a real-world entity that the GIS is designed to emulate (e.g., a parcel, a street, a streetlight, a river, or a customer). A collection of similar features (objects), such as parcels, buildings, or rivers, stored in a DBMS table is called a feature class. Collections of related feature classes that share the same spatial reference can be organized into a larger structure called a feature data set. Each feature in a geodatabase (e.g., an interstate, noise barriers, etc) contains its own shape (geometry) and can exist on its own, as opposed to the coverage data model that models a polygon as a collection of arcs and label points. The ability to store the complete geometry of a simple feature (such as parcels) is one of the advantages of the geodatabase model, as the feature is always available for display and analysis. GEOWeb proposes to develop the CRA geodatabase in a three-phased approach: Phase I: Data ACQuisition During this phase GEOWeb will acquire all data required for the geodatabase creation. This data includes, but is not limited to, Parcels, tax roll data, land use, streets, zoning, CRA boundary, Census Blocks, Traffic Analysis Zones, and Aerial Photograph, 8 JIll< /i.. ~" GEOWEB Guided By Geography - Powered By Integration At this point the data will be clipped and attribute data adjusted to the eRA boundary. The methodology for how this is performed will be included with the Metadata for each dataset. The data will also be checked for spatial reference information, and where required transformed into State Plane Florida East HARN, Feet 0901 spatial reference with NAD83 HARN Datum. All data will have Metadata (Figure 1), which is the data about the data, written - this might include the date the data was created, how it was created/manipulated, spatial reference information, and the data attributes. LODGING FACILITIES SHAPEFILE ~. I ! ....... I....... Kevwords Theme: Hotels, Lodging Place: Flonda Description Abstract This dataset contains 2003 Hotels, Motels and Lodges Information for the State of Florida, It is a combination of Hotels. Motels, Inns, and Bed and Breakfast Inns addresses from the Yellow Pages online, This dataset contains fields denoting the physical address, and contact information for lodging facilities located In Flonda, Purpose The data was created to serve as base Information for use In GIS systems for a variety of planning and analytical purposes, Supplenlentary Inf'Jrtnation POINT Status of the data Complete Data update frequency: As needed rin1e period for \."hich the data is n~levi:tIlt Date and time: 20030000 Descnption: publication date Publication lnfornlation Who created the data: Yellow Pages Online Date and time: 20030000 Data storaqe and accnss inforrnati'Jtl Figure 1 9 .. Guided By Geography - Powered By Integration /i;<, ~', G E [] WEB Phase II: Geodatabase Creation Once data acquisition is complete the physical creation of the geodatabase can begin, Based upon the schema template (Figure 2a & 2b) within this Proposal and actual data collected and configured, a final geodatabase schema will be created. The schema will then be populated with the data acquired and configured into Feature Datasets, Feature Classes, tables and Relationship Classes as deemed necessary. ... T_ T axPIN T axPan::efT ype - ill ___ 'zl_ RecordBoundalylO Angle """"'" Radi", Del", Tangen' IVclength ~ <'~-"-L...~ J Y ................ I :,j """- Come<lO ComelC....-- """"""bel ComerQuallfier I I~-,==) ~ Figure 2a I i I ~~~r6~ I I ~~;D...'.j i CDmleyanceName i I ~~"",__,~_____J I Land Records "'_, RrstDivisionID RrstDivisionName ArstOMsIonType ill_ SeanlOMsionID Seconc:tDMsionNlIl'T'Ie SecondDivision Type JIIil Guided By Geography - Powered By Integration ~... tQi. GEOWEB Figure 2b Phase III: Graphical User Interface .- . .- . Administrative Areas Environmental Street Network Network Facilities Land Records Base Map The creation ofa graphical user interface (GUI) will be the [mal phase of this project. The GUI will allow for both data entry and editing of attribute data, as well as, the ability to query out data that meet specific criteria (Figure 3). The GUI requirements gathering will happen after the CRA has reviewed all available data within the geodatabase and working with GEOWeb will decide on the query criteria. Current functionality within ArcGIS requires the end user to have some familiarity with Structured Query Language (SQL) to perform attribute or spatial queries. SQL is recognized as the Information Technology industry standard for requesting information from relational databases, and for certain classes of object oriented databases. The first SQL standard was adopted by American National Standards Institute (ANSI) in 1986. The current version ESRI supports and uses for both personal geodatabases (which utilize Microsoft Access) and ArcSDE supported Relational Database Management Systems (RDBMS) is the International Organization for Standardization (ISO) of 1992. The query tool design is based on the concept of a "wizard" tool. A wizard tool is a pop-up window that takes the user step-by-step through a process to allow them to ask a question of the geodatabase without writing a single line of SQL code. 11 .. Guided By Geography - Powered By Integration ~4i.;, ~, GEOWEB The user initializes the query tool by selecting a button on the toolbar. Once selected, the wizard interface opens a new pop-up window on the screen. This query tool wizard has multiple items the user can choose, or not choose, to include in their question for the geodatabase. Once all items are chosen, the user gives the data selection a name and clicks OK. The tool then performs the query for the user and displays the results in the Table of Contents along with symbology representing the selection criteria. The user can then use any of the existing ArcGIS 9.x tools to further view the data, such as opening the attribute table for the new layer symbolized, I 1 I , ~ " ()'H ry r~OI., H,ul)!.;r W III X OUlCryt. ll11111( r VI,lll- X LaclltIon 1_" I JobJrlo I I "- - I "'1m: 1./1 /2OO3..:J To: 14/1O/2OO3..:J l~ 1_ labIrto I c-..... - ~ I __I " 12 13 I 14 IS I. 17 e e L.,er- I Query ......- I Query Figure 3 A User Manual and a Technical Manual will be created for the geodatabase and the GUI tools. A one-day training of all staff will accompany the final product. Training will be held on-site at the CRA. 1 Month Phase I: Data Acquisition 1 Month 1 Week CRA Approval Phase II: Geodatabase Creation 1 Week CRA Approval 1 Month Phase III: Graphical User Interface The entire project should take approximately 3 ~ months. 12 ~ Guided By Geography - Powered By Integration 'Q!i, GEOWEB (6) T;meline and Cost The estimated timeline for this project is 3 Y2 months from execution of contract. See Attachment 'B' for detail. Phase Task Cost Total I Data Acquisition $360.00 Data Clipping $360.00 Spatial Reference $360.00 Metadata $360.00 Sub Total $1,440.00 II Geodatabase Schema $1,840,00 Data Population $1,300.00 Sub Total $3,140,00 III Query Tool Development $1,800.00 Edit Tool Development $1,800.00 User & Technical Manuals $1,080.00 Training $720.00 Sub Total $5,400.00 Total (without Optional Tasks) $9,980.00 Optional Tasks CRA Web Site Redevelopment (PDP Driven) $2,160.00 Total (With Optional Tasks) $12,140.00 *Note that additional ArcGIS Desktop Licenses can be acquired directly from ESRI 13 ~ Professional Experience Attachment A .. ~~ ~~~ GECWE8 Guided By Geography - Powered By Integration KAREN VOLARICH President GEOWeb Consult Services Boynton Beach, FL . GIS Consulting, Support and Project Management Services . Advanced GIS Programming! Analysis for the ArcGIS, ArelMS and ArcSDE Platforms . Geographic Information Systems Design and Maintenance . Hardware/Software Integration Services . General Mapping Services . Customized GIS Training Services o Clients Include: City of Hollywood, City of Lauderhill, Broward Sheriffs Office, City of Coral Springs, Florida Atlantic University Senior GIS Applications Developer South Florida Water Management District West Palm Beach, FL . Develop custom ArcGIS applications and tools for the GIS user community; Develop custom ArelMS applications for Intranet & Internet . Install, configure, and maintain ArelMS infrastructure; Install, configure, and maintain SQL Server 2000 ArcSDE infrastructure; Mobile GIS/GPS hardware configuration, application and tool development · Creation of Mobile GIS/GPS hardware and software standards for SFWMD · Handle complex modeling and analysis applications that require a blend of technologies to achieve development of GIS tools to meet user requirements for advanced applications as well as a complete integration of GIS software with database management systems to enable enterprise and Internet access to spatial data - District & Interagency business lan 2000 - Present 1997 - 2005 0"0 -a !l:1 fo ~~ 1'8 III :;:: t:. ~ = o! CD m: ..... <II UI .. CoO: N..... 0 ~[mm~ ~~ ~~~~ 0 i~~~~!l~[;~~;[ ~ ~;'ia-~oi-!-'I' i-!li!l ~ i a-a -a"GilW"C' j"08'ot Ri;fJ.li~ .S";.a~ 3 ~ ~ ~ [ W m i n ~ g i ~ ~ c i f ~ ~ ~ ii. 2.. n ~ j { I J ~ - .. ... 1: !. ~ L ~ f I ~ ! .1 ".~ :l' f!' 0 3 .... . 1 !l i f!' -< 3 i -< . 1 "0 ]] t - .... .. ,~ ~ ~ 3 3 !!. I!. ;: ... - I ,~ I ~ . iiiiiiiiiiiiii i ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~ ~ ~ . I ~ f ~ .. f f f ~ ~ ~ "l i: I liiii~iiliiil " f I ~ ... .. !f$fJf~~lr :!! ~~S~l!~~~1! ~ liii~~~il ~ f ~ i i 3 ... en ~ cniE I~ ~l~ ...[g ::;; ... ... .. cn~ 3:~~ d ..... ::;; ...' "1Ii CD! , OJ~ ;:~ ..., ::;;' ...' ... OJ tn~ .. ;:" " Ii ... ::;; ~ ... ..., OJ: cnl~ 3:~ " Ii' Il. i ...i ","~ ) . " . , --cn~ ~i:': Ii ... ::;; OJ OJb,'" I: ,,:3 ~ 3::':: J )g ~ OJ ::;; I!2!b C( 'N"I'IJINI ,(1\11 I N( '[NI:II<o ::,1,_!1\\1',:( lkS ,\ '\\-\fJf')fl;~'- CIVil .\CRICULTU\<\I \V\TlI< I<ES( )URCES \\AIEI.~ S W\STf-W/\T11\ TI<.~\NSI)( JRT\TIC), SURVE11'-JC G M.\!'['IN( , ilf)clrlri(,I._~ f(jr f~(:'suil:-: V.tlue' [i"'I:"I,' ;SS() S,\Y. ol'fJm;lI(' Pk\\'\ 1\llm Cit\ FI \-1'1'1(' Fd\ \\\\\\.Ihl June 6, 2006 Vivian Brooks, Planning Director Boynton Beach Community Redevelopment Agency 639 E. Ocean Ave., Ste. 103 Boynton Beach, FL 33435 Re: Boynton Beach CRA Geodatabase Qualifications and Proposal Dear Ms. Brooks: LBFH, Inc. is pleased to submit this Request for Proposal to develop the Boynton Beach CRA Geodatabase. We have reviewed the project requirements, attended the pre-proposal meeting, and are confident that we have the team to deliver the product you have specified. We are familiar with the issues related to this type of project having provided similar services for other clients. However, your project is unique and we will work closely with you and your staff to make this project a success. c; 15 By selecting the LBFH, Inc. Team, Boynton Beach CRA secures a team with: · Similar Project Experience: LBFH has conducted land based geodatabase development and analysis for several clients. The most recent projects are highlighted in the Representative Projects section. · We want Your Project to be Recoanized: LBFH has well over a dozen published and presented GIS projects many times co-authored with clients. Boynton Beach CRA looks for a unique project. We want to be successful with your project and make sure others know about it. · Lona History of Palm Beach Presence: LBFH has an office in West Palm Beach, within 25 miles of Boynton Beach and in nearby Palm City, approximately a 45 minute drive. Team members will be located at both locations. Members from our company make daily travels between locations, which allows for quick response and the ability to pick up or drop-off project material on short notice. In addition, having an office in Palm Beach County consistently for all 36 years we have been in business gives us a long history and local knowledge. · Bovnton Beach Project Experience: LBFH is currently working with the City of Boynton Beach on the Platina Force Main Project. LBFH is familiar with the City and would like to continue working relationships within the City. · Award Winnina Project Experience: LBFH has received the Engineering Excellence Award from the Florida Institute of Consulting Engineers (FICE) for a GIS project. · Certified GIS Professionals on Staff: LBFH has two Certified GIS Professionals on staff, passing rigorous requirements in education, experience, and contributions to the profession. In addition, continuing education and ethical standards are adhered to. Very few companies can offer multiple staff meeting these high standards. · ESRI Authorized Consultant: LBFH is an ESRI Business Partner and Consultant and works closely with ESRI West Palm Beach. We can draw upon resources at ESRI to develop a top-notch system as needed. I!2fb: · A 2006 Business of the Year: LBFH is a Florida based firm that has been in business for 36 years and is one of Florida's Top 25 Engineering Firms as ranked by the South Florida Business Journal. In 2006, LBFH won the South Florida Business Journal Business of the Year Award. In summary, LBFH offers Boynton Beach CRA the expertise and depth of technical resources found at a large firm, along with the responsiveness, flexibility, and availability that a local firm can provide. We continue to successfully meet our clients' needs on projects of all types from Key West to the northern part of Florida. We take our corporate slogan seriously - Partners for Results, Value by Design. Our commitment to Boynton Beach CRA is to provide the best service possible to make this project a success. We look forward to working with you! Sincerely, j)J f t~-, David S. Coleman, GISP Client Service Manager LBFH, Inc. The City of Boynton Beach and Boynton Beach Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation BOYNTON BEACH r~ I .. " l~ ) ---' ESR' Tee hnology AUTHORIZED BUSINESS PARTNER FIRM PROFILE LBFH, Inc., a Boyle Engineering Company, provides GIS services along with consulting civil engineering, surveying and mapping. LBFH is incorporated in the state of Florida with offices in Palm City, West Palm Beach, Okeechobee, Fort Pierce, Fort Myers and Orlando. The firm has provided services for thousands of engineering, surveying and mapping projects throughout Florida and has accumulated significant resources of skills and technical knowledge. Geographic Information Systems (GIS) 1;"'&-) os,l.'rv(-r bl~ Our extensive GIS services include implementation, needs assessment, GIS coordination, geospatial analysis, data conversion and customized maps and user interface development. The firm also provides updates, technical support and training. We have provided GIS services for several satisfied clients including the Village of Royal Palm Beach, Martin County, the Florida Keys Aqueduct Authority, and St. Lucie County Economic Development Council. For the latter, we compiled data from outside agencies and in-house sources to create a custom fa~~d~~~~~~~~:~t:~~ci ~~~~i~~n~~~d~~~i~i~~~i~T~ase (0,."""",,,,,, I~ .s if , - read more about the geodatabases we have developed in section two of this proposal. ~. "'70'[3:\ ~:\1--_/'> '[;;"/ ...... c/~ II ./ ,--/~--------' ~,,-/ [),.r,'k',)p (,IS Moblk GtS Ald_~ ::;1- i .......1 ! ',~' ~ -,:1 I:........ '",.. .... ..... {J{'Vi'kJ~'II"I' G[S ___ Network (.11~ vvdJ "(:fVj.<;..(.,~ - --...... 1-'-;1 ~... It-I D..'.. ....'. .r ~;.. A Boyle Engineering Company The City of Boynton Beach and Boynton Beach Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation BOYNTON BEACH Civil Engineering LBFH's civil design team has many years of experience with a variety of projects ranging from small fast-food facilities such as a KFC to Developments of Regional Impact such as Abacoa and PGA Village. No prospect, small or large, is beyond our realm of expertise and each project is managed the same... with the goals, schedule and budgetary constraints of our clients governing the final design. Our approach is "design-to-budget" to ensure our clients' expectations for quality projects are completely met - on time and within budget. Services include site planning; paving, grading and drainage; horizontal control; water distribution; wastewater collection design; and permitting at the local, State and Federal levels. Water/Wastewater Treatment '( LBFH designs water treatment systems that support our clients' goals and objectives to provide high quality water that complies with federal and state regulations. We provide services relating to raw water source identification, flow analysis, treatment plant design, and distribution system design, including system storage and pumping stations. LBFH has also designed wastewater and reclaimed treatment systems in support of our clients' goals and objectives. Our technical expertise is evident in these designs beginning with initial collection system through wastewater treatment to effluent disposal systems. LBFH also provides permitting assistance and support in identifying grant monies and low interest loans for both water and wastewater projects. Water Resources & Environmental Permitting Capabilities For over 30 years, the firm has been designing solutions to the complex engineering challenges of managing and using one of our most valuable natural resources - water. LBFH expertise covers the full spectrum of hydrologic and hydraulic engineering services in addition to water quality modeling, performed both for governmental and commercial customers. The firm takes pride in keeping abreast of regulatory requirements and A Boyle Engineering Company BOYNTON BEACH advancements in technology as well as best management practices. The firm works closely with other professionals in environmental sciences to provide engineering plans and facilities, which complement the natural environment while meeting the client's goals and objectives. Transportation Engineering LBFH has provided professional consulting services for various transportation projects, including roadway design, reconstruction, corridor studies, traffic analysis and construction services. These services also include the preparation of signing, pavement marking, signalization and lighting plans. Agricultural Engineering LBFH remains current on regulatory changes, best management practices, innovative designs and environmental issues to provide economic solutions to our agricultural clients. Our agricultural engineering services include grove and farm conversion design, permitting, stormwater management and irrigation system design. Construction Engineering Inspection Our staff successfully supervises construction projects to assure clients that projects are constructed in a timely, cost effective manner and in accordance with project plans and specifications. Our staff is able to provide quality contract administration by thoroughly reviewing each project to reduce, eliminate or mitigate potential problems. Surveying and Mapping Accurate measurements and field data are the foundation for engineering design projects. Through consistent professional practices, LBFH provides our clients with quality and economical products - the type they deserve. Surveying and mapping support services for engineering design projects include topographic surveys, hydrographic surveys and land- based utility mapping. LBFH also provides boundary and control surveys, right-of-way mapping, subdivision platting, submerged land lease surveys, aerial photography, sketches and legal descriptions for our clients. A Boyle Engineering Company The City of Boynton Beach and Boynton Beach Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation BOYNTON BEACH Office Locations and Staff LBFH has its corporate office in Palm City, with branches in Ft. Pierce, West Palm Beach, Okeechobee, Ft. Myers and Orlando. More than 200 engineering, surveying and support personnel lend their skills to a wide range of engineering projects. Clients have access to multi- disciplined personnel and expertise due to the firm's size and diversity. Corporate Office: Palm City, Florida A Boyle Engineering Company . ti( I'D" The City of Boynton Beach and Boynton Beach Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation BOYNTON BEACH Principals of the Firm Below is a list of LBFH, Inc.'s principals. . Michael T. Hermesmeyer, P.E. - President . Daniel P. Clark, P.E. - Vice President . Scott A. Eckler, P.E. - Vice President . Thomas C. Vokoun, P.S.M. - Senior Vice President . Lennart J. Lindahl, P.E. - Vice President A Boyle Engineering Company The City of Boynton Beach and Boynton Beach Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation BOYNTON BEACH Recognition presents LBFH, Inc. received a South Florida Business Journal "2006 Business of the Year" award in the category of "Professional Services $10 - $25 Million". More than 130 companies from across South Florida were considered for awards in 14 different categories. LBFH won because of the company's commitment to its employees and community involvement. REGIONS B .~~,~:"r USl.ll~ ,'if r:,,, o}~h \ yeat aWcfds,l Zweig White, a nationally recognized consulting firm for improving the management practices in design and environmental consulting firms ranked LBFH, Inc. as one of the top 100 fastest growing engineering firms in the country. H.TFIRMEIIIt~1 ;~ A,'-;J..Fll\"p~~~r~~ "'" ...-.- .._t....~ktI...~c ~ 2005 ~BfST '.... places k ~towor ~ ST. LUCIE COUNTY LBFH received the top award in "The Best Places to Work for in St. Lucie County" contest for 2005,2004,2003 and 2002. This contest drew over 30 firms submitting entries, and LBFH was chosen as the #1 place to work. LBFH has also been rated as one of Florida's top 25 engineering firms (according to surveys conducted by Florida Trend and the South Florida Business Journal). LBFH recently received the "Business of the Year" award by the Martin County Business Development Board in recognition of outstanding business practices and achievements. Additionally, LBFH was the recipient of the national "Marvin Black Excellence in Partnering Award." This award is given for the design and engineering of a project where success depended on mutual trust, open communication, shared responsibilities, and fairness between the client and consultant. LBFH received an honorable mention for the 2003 Engineering Excellence Awards from the Florida Institute of Consulting Engineers (FICE) for REUSE the RESOURCE. In 2001, LBFH received three 2001 Engineering Excellence Awards from the Florida Institute of Consulting Engineers (FICE). · Reconstruction and Widening of State Road 5 (Sf. Lucie County) - Honor Award · GIS for a Water/Wastewater Utility (Martin County) - Honor Award · Transit Greenway (City of Ft. Pierce) Conceptual Master Plan - Honorable Mention A Boyle Engineering Company m Qi ~ :g '2: l!! .- Ol 'm l? (I) c: W '0 c: -0 .!B .2 Ol ~ 1ii :t: Q) ~ '50:::0 .d: -g Cll ,~ ill Q oS ., .2! :::: I ~ ";:l ~ ... <Q, ~ s ~ en ffi c. ~ o/J en '" .J::;~ ~ -'" :l en :II ~I ;::: :5 en z o u C- o:::U- <( ~"l:t C::::!ELO Zo:::N ~O tJ)U- 'tl e ca c. e Il. .$ ca C M I. m e 'tl 'tl c:( UI UI Ql e 'iij ::s CD Qj E <..i ca .s Z I E u. ... 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'" '" ~ o 110 ~ ~ f-< '" E ~ '" 8 ~ 0) u ;; 1 ~ rJ:i c.; -=" ::l .a o > U ~ 8 ..8 E-< 12 - E::: "0 -= '" ~ e '" z "0 ~ 0.. >. E-- ~ !l~ ~ ~-~~ ~ } ~ ~ \ - ~ ~ '" i :~~~ ~ , "-~ .. oS ~ .c: E-- N .... ~ .. = - '" = 0Jl ii'i '" The City of Boynton Beach and Boynton Beach Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation BOYNTON BEACH St. Lucie County Economic Development Council GIS Development Project Limits: St. Lucie County, Florida LBFH, Inc. developed a GIS database for the EDC by acquiring available data from outside agencies and in-house sources. Research and processing time was necessary to acquire certain layers. Data will be was compiled to a geodatabase format. LBFH, Inc. will coordinate with the EDC to create customized symbology and layer structures in an ArcGIS viewer file (e.g, ArcMap or ArcReader). Many layers were included, such as: . Aerial photography . Parcel basemap . Special taxing districts . Community Redevelopment Agency . Zoning . Landuse . Schools . Approved and Pending Projects . Transportation . Water and Sewer Utilities LBFH provided a GIS Specialist for four on-site meetings/consultations at time of initial delivery. Up to two additional at-large meetings/consultations were included. Up to 10 phone or email consultations (up to one hour each) were included. ''-, PALM BEACH "'-, '-" " ......... ~'-- .........-1:1-- ~...--* FlOImA'S RERMCtf COAST e f1...F4' T'-'~rSP-;"'T..T~:n l>'-""m, Client: 81. Lucie County Economic Development Council P,Q. Box 880143 Port 81. Lucie, FL 34988-0143 Contact: Larry Pelton, Executive Director (772) 879-4144 Completion Date: 2006 Up to 10 map-related graphics were be provided showing data acquired for EDC during this project. Graphics may be used to update those on web or other marketing material, etc. LBFH coordinated with the EDC on graphics to be created from available data. Graphics were being created in PDF and JPG format. (New graphics not yet posted on website at time of writing). -~ ~~ -~-- -~ -~ ~~- -~_... ~-~~-~ ~ --~ ~ -- -~ ~-~ A Boyle Engineering Company BOYNTON BEACH GPS/GIS Data Conversion Project Limits: Long Key Estates, Florida Keys LBFH collected submeter accuracy GPS locations for water features in the field, including meters valves and hydrants. This information was supplemented in the office with record information and input into Florida Keys Aqueduct Authority's defined geodatabase. LBFH submitted a draft geodatabase, revised based on comments, and final geodatabase was accepted. LBFH was selected to complete data conversion for a larger portion of the Keys, contract is in progress. "'.- Ir - ,0- ---{'o~~- Client: Florida Keys Aqueduct Authority 1100 Kennedy Boulevard P.O. Box 1239 Key West, Florida 33041-1239 Contact: Mr. Robert Bethel (305) 296-2454 Completion Date: In Progress Com pletion Cost: TBD ~~--- ~---~- ---- ~------- -------~--~- A Boyle Engineering Company . ti( I'D" The City of Boynton Beach and Boynton Beach Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation BOYNTON BEACH Martin County Industrial Land Inventory Project Limits: Martin County, Florida LBFH conducted a commercial and industrial land use inventory and site analysis using GIS. Multiple layers such as ownership, land use, wetlands, utilities, gross floor areas, etc. from a variety of sources were used. The GIS analysis helped determine what lands were available for development and what lands may be suitable or unsuitable for targeted industrial development. LBFH provided a map set, GIS data files, and a report on its findings. ~~ Client: Martin County Growth Management Department 2401 SE Monterey Road Stuart, FL 34994 Contact: Cesar Perez (772) 463-2806 Completion Date: 2005 Completion Cost: $40,000.00 ---~~--- _.-- --~ -----~- ----.- - - - - - A Boyle Engineering Company . The City of Boynton Beach and Boynton Beach Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation BOYNTON BEACH Project Limits: Royal Palm Beach, Florida Village of Royal Palm Beach Utility GIS Created a digital ESRI Geodatabase of the entire water distribution and wastewater collection system. A version of the ESRI data model was used. Record information was used to input data into the system. Client: Village of Royal Palm Beach Utilities Department 10996 Okeechobee Boulevard, Royal Palm Beach, Florida 33411 Contact: Mr. Paul Webster (561) 790-5126 Completion Date: 2005 Completion Cost: $138,900.00 --~--~ ~ - --~- ~-_._~ - ~- --- ~ -- -~ - ~- - --~~ ~ + The City of Boynton Beach and Boynton Beach Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation BOYNTON BEACH GIS Parcel Mapping Services Project Limits: Martin County, Florida LBFH, Inc. created a parcel map in GIS format for Martin County. Final products are seamless Arc/Info region coverages for the County that are within a six- foot accuracy requirement (urban areas). Coverages include parcel lines, lot lines, block lines, easement lines, right of way lines, hydrographic lines, acreage, lot dimensions, lot numbers, block numbers, street names, subdivision names, parcel numbers as attributes, and regions of ownership. In this project, consecutive deliverables were turned in based on geographic areas. Other elements of the project include PLSS coverage creation, limited additional research into survey conflicts, and metadata. Client: Martin County Board of County Commissioners 2401 SE Monterey Road Stuart, Florida 34994 Contact: Mr. Bill Wallace, P,L.S, (772) 288-5927 Completion Date: 2004 Completion Cost: $400,000.00 (LBFH portion) A Boyle Engineering Company The City of Boynton Beach and Boynton Beach Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation BOYNTON BEACH Adams Ranch Rural Lands Stewardship GIS Services Project Limits: NW S1. Lucie County, Florida Team member in one of the first Rural Lands Stewardship Programs in Florida - the Adams Ranch and 23,000 acres in NW S1. Lucie County. Created digital ESRI GIS files based on LBFH and other team data. Data layers compiled included vegetation, land use, land base, aerial, boundaries, and others. GIS was used in analysis of land credits for "sending" and "receiving" lands. Client: Gunster, Yoakley & Stewart, P,A. 777 South Flagler Drive - #500E West Palm Beach, FL 33401 Contact: Ernie Cox, Esq, (561) 790-5126 Completion Date: 2005 Completion Cost: $20,000.00 approximate -----~----~~-- -------~ ~- _._----~-- ~- ----- The City of Boynton Beach and Boynton Beach Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation BOYNTON BEACH PROJECT TIME FRAME It is estimated that this project can be completed in 90 days from Notice to Proceed, with ongoing data entry by Boynton Beach eRA staff starting at that point. LBFH, Inc. would be available for continuing assistance and future development efforts after the first 90 days. Below is a more detailed estimated schedule: Day 1: /Receive Approval / Day 12: Kickoff Meeting Day 60: / Defivery of Draft / Day 75: Comments & Changes Day 90: / Delivery & Training Day 1 Day 5 Receive Approval Initial project discussion and set up Kickoff meeting, request existing data Kickoff meeting, receive all data existing, and review geodatabase design Begin data entry, analysis, and program development Progress meeting Delivery of Draft Data and Training Session Receipt of comments and request for changes Delivery of Final Data and Training Session Support and Training (within 30 days. Up to 8 hours included in contract, may be by phone, email, or on-site) Day 12 Day 15 Day 30 Day 60 Day 75 Day 90 Ongoing A Boyle Engineering Company The City of Boynton Beach and Boynton Beach Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation BOYNTON BEACH PROPOSED PROJECT Upon selection and approval to commence, preliminary research will be completed and a rough database of existing data will be prepared. LBFH will hold a kickoff meeting with CRA project manager (and other CRA staff involved in the project, as needed) to present the rough database, finalize project details, and transfer remaining data needed for the project. To minimize the cost to the CRA, LBFH will utilize existing data from the City of Boynton Beach, Palm Beach County, and other sources. ,,,Miii.._.,, LBFH has performed a cursory review of this material and believes the information is accurate and usable for the purpose of the CRA. This data includes: parcel ownership, aerial photography, street centerline, property appraiser taxroll, City and CRA boundary files, zoning and land use. The census data as requested may be used for estimation, but LBFH is aware of other sources of data that may be more useful. Other data has been indicated, including easements and will be incorporated. --- ctlOOM zonng 'TYPe The data will be loaded into ArcGIS 9.x and will be worked on in this environment throughout the project. This is compatible to that of the CRA. A geodatabase will be designed with feature classes and relationships as needed. A draft geodatabase design will be ....------ .o_---.-~:_~_-_','t;_ ~:?_i -~ -_'.~' ~ il_';I41_~:_"._ '__~_:;a.t~,.. f?_:~j_;~::~__:~~: _~~_~:~i-"__~! _~.-. "'.'" ~ submitted for review. .. .f~..~;;;!?"ri -- For the programming requirement, several forms will be created to answer common questions posed to the CRA, as well as for data entry. [II . o h'''''' -- --~ ,0_ 0'.-.''''''''' .1ii!I___..... '.11I_._.".., . For example, in Figure 1, LBFH created a customized form that a user can use to find parcels of various sizes in certain zoning codes. iJ- r_ r_ .-.----""~;t(;: .!!1 . I"'" I~~c-.:J ChOOM ........,: ~- ~- r.... 1- 1>-_ .:J ';'~-~ ~ .:..... a...."..:.,.. i...--.. ''-I~~,...=@l,..~~!___~"'',c.._"_j ~:__~_:-);4_~___~_,;/_._- ~_:_________~_-.....l .:~f.~._...--i A Boyle Engineering Company . C1( I'Pft The City of Boynton Beach and Boynton Beach Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation · Data entry: Select parcel, update attribute data · Data query:Query square footage available in zoning codes (Figure 1 shown as sample) · Query vacant property by zoning code and square footage (Figure 2 shown as sample) · Query parcels within certain distance of a property . Look up info for vacant property · Estimated population in market area · Estimated vacant property in CRA BOYNTON BEACH If#fWi1#o/,,'#'4,,~;;:''';{-'' " . ."'..'. .lJ_. u_ ..~ " 0 ..-. -0"'_.".... ~ Ii!I ____...... -."'-............... ~!..,;,;::,otl "',!;,:l____ 11....._.- ~_.....l Figure 2 {-it}<--------~ . EntwAcreaoe I 2.5 Choos. Zoning T_ I _. """'*"" .::l Choos. UInd us. COde I _ .::l SNrch~1 CeraI . In Figure 2, LBFH created a customized form in which a user can find available (vacant) properties at certain square footages. These are just a couple of simple sample forms created that are launched by buttons at the top of the screen. LBFH will finalize the forms needed with the CRA project manager. Figure 2. Customized form launched by button on toolbar to properties available by square footage and vacant/occupied status. The following forms will be created, launched by separate buttons in the data query and data entry categories. Examples are: Distribution of select information on the Internet is important. There are more complex and costly options such as ArclMS to disseminate geographic information. But in the case of the CRA, a limited amount of graphics in the form of a zoomable PDF map should suffice. Interested parties searching on the Internet can find limited answers to their questions and will be able to call the CRA for further information. This will allow the CRA to collect valuable contact information and be able to follow up with the interested parties. LBFH will create up to 10 graphics (maps or tables) in PDF format to be displayed on the CRA website. A Boyle Engineering Company The City of Boynton Beach end Boynton Beach Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation BOYNTON BEACH At completion of the project and delivery, LBFH will assist in installation of the recommended additional ArcView concurrent licencse and as many free GIS viewers software licenses as needed. Along with the CRA's existing ArcView GIS license which we recommend to be on the computer of the primary GIS user, one additional license that can be used at any time by anyone else on-site (will be installed on computers of potential users). LBFH will conduct a brief training session at this time and will be available to support eRA staff up to 8 hours within the first 30 days. LBFH believes that only this minimal training and support will be needed, due to the user friendly interface that will be developed to answer common questions and keep the database current. A Boyle Engineering Company BOYNTON BEACH COST ESTIMATE It is estimated that this project can be completed by LBFH, Inc, with minimal time undergoing data development, due to a large portion of the data being readily available. The database will be set up for simple data entry by CRA staff to complete the database. Billing will be submitted once every 30 days, based on percent complete, LBFH standard hourly rates will be used. Below is a more detailed estimated cost: Preliminary Research and Data Acquisition... ........ Geodatabase Development................................ Programming............................................... .... Project Management and Meetings.......,.............. Installation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . Creation of 10 Graphics for Use on the Internet..,... Training and Support.............................,........ ... Hardware Cost........................,......."............... Software Cost..............,................................... $2,000 $5,000 $12,000 $4,000 $1,000 $2,000 $4,000 None (Uses existing hardware) $2,500 (sold separately) one ArcView concurrent license Total Estimated Cost...................................... ... $30,000 (plus $2,500 for additional software license) A Boyle Engineering Company PROJECT ASSIGNMENT Project Manager EDUCATION 1992, BA Geography, University of Florida 1996, MS Geography, University of Memphis YEARS OF EXPERIENCE Joined LBFH/Boyle: 1996 With others: 2 years REGISTRATIONS GIS Professional (GISP) Certification No. 00023769 AFFILIATIONS URISA - Urban and Regional Information Systems Association David Coleman, GISP Client Service Manager Mr. Coleman joined the firm in 1996 as a GIS Specialist and is currently the Client Service Manager for GIS. He is responsible for working with the internal team to provide solutions for clients. He has been involved with the development and utilization of spatial analysis techniques, GIS implementations and has conducted a spectrum of GIS consulting for over 12 years, Additionally, he is a professor for Indian River Community College. Mr. Coleman is a certified GIS Professional (GISP) and was one of the first 10 with the designation in Florida. Related Experience Village of Royal Palm Beach Utility GIS Data Conversion - GIS Manager on mapping project for the entire water distribution system and wastewater collection system utilizing record information converted to a digital ESRI Geodatabase format. Village of Royal Palm Beach Stormwater GIS Data Conversion - GIS Manager on mapping project for the entire stormwater drainage system utilizing record information converted to a digital ESRI Geodatabase format. Adams Ranch Rural Lands Stewardship - Team Member in one of first Rural Lands Stewardship Programs in Florida. The Adams Ranch and 23,000 acres in NW St. Lucie County. Created digital ESRI GIS files based on LBFH and other team data. Data layers compiled included vegetation, land use, land base, aerial, boundaries, and others. GIS was used in analysis of land credits for "sending" and "receiving" lands. GIS Implementation for Martin County Utilities - GIS Manager/ Specialist responsible for converting data supplied in various formats and software applications into Arclnfo and ArcView format. Organized scanning and archiving of "as-built" drawings. Linked scanned images to GIS. Updated utilities in GIS based on new construction. GIS Support for Monroe County Wastewater Master Plan, GIS Manager/Specialist - Organized a master wastewater database of the Florida Keys. Acquired data in various tabular and graphical formats and converted to an Arclnfo GIS database. Mapping of wastewater plants and FKAA customer accounts. Calculations of flows based on geography. Identification of hotspot areas via geospatial analysis. Conducted facility-siting analysis. LBFH, Inc. - A Boyle Engineering Company David Coleman, GISP Client Service Manager Mapping/GIS/Database Development for the City of Stuart Fire Hydrant Study GIS Manager/Specialist - Updated maps to depict current fire hydrant locations. Linked Fire Department's flow as attribute in the database. Analyzed current fire protection and located potential trouble spots. Created maps that will be used by the Fire Department on calls. Creation of a GIS for Troup Indiantown Water Control District, GIS Manager/Specialist - Used sub-meter GPS unit to take field inventory of culverts, pumps, and gates. Input attributes such as culvert diameter, length, number of gates, etc. Converted data to GIS format for use in district management. Creation of Parcel Map in GIS Format for Martin County, GIS Manager/Specialist - Created seamless Arclnfo files for the County including parcel lines, lot lines, block lines, easement lines, right of way lines, hydrographic lines, acreage, lot dimensions, lot numbers, block numbers, street names, subdivision names, parcel numbers as attributes, and regions of ownership. Other elements of the project include PLSS coverage creation, linked condominium ownership table, additional research into survey conflicts, and metadata. City of Winter Garden GIS Implementation, GIS Manager/Specialist - Converted data from a variety of sources to create an ArcGIS solution for utilities department. St. Lucie County Economic Development Council, GIS Manager/Specialist - Converted data from a variety of sources to create a customized GIS for the EDC. Provided training and technical support. Martin County Asset Management Database/GIS Integration, GIS Manager/Specialist - Assisted with linking an asset management database with ArcGIS for utilities. City of Immokalee GIS - GIS Manager/Specialist responsible for creating GIS for utilities, mapped customer accounts and linked to GIS. Linked to GIS to hydraulic model. Miscellaneous Projects, GIS Manager/Specialist - Involved in hundreds of other engineering and surveying projects with a GIS component. Responsible for utilizing GIS for analysis and data visualization to aide in recommendations and decision-making. Responsible for data conversion and preparation of data for clients. LBFH, Inc. - A Boyle Engineering Company David Coleman, GISP Client Service Manager Publications & Presentations Cesar Perez, Ph.D., Henry Mogilevich and David S. Coleman, 2005. "A Commercial and Industrial Land Inventory Analysis Using GIS." 2005 ESRllnternational User Conference Proceedings. (In press.) Schuler, D., Mogilevich, H., and Coleman, D., 2004 "Updating a Utility GIS to Depict New Construction Using GPS." 2004 ESRllnternational User Conference Proceedings, Coleman, David S., 2004. "Establishing a GIS for Water Districts." 2004 Florida Stormwater Conference Proceedings. Coleman, David S., 2004. "Representing New Utility Construction in GIS," 2004 Florida GIS Mapping Conference Proceedings. Coleman, David S., 2002. "Maintaining a Utility GIS." 2002 ESRI International User Conference Proceedings. Coleman, David S., 2000. "Making a Pipe Dream a Reality." GeoWorld, Vol. 13 No. 10 pp. 38-40. Coleman, David S., 2000. "Using GIS to Improve Farm Management Efficiency 2000 American Society of Agricultural Engineers Conference Proceedings. Coleman, D" Mogilevich, H. & Cisneros, J., 2000. "Martin County Utilities Map Book." ESRI Map Book, Vol. 15. Coleman, David S. and Orazi, William, 2000. "Creating and Using a GIS at a Growing Water and Wastewater Utility - A Case Study." 2000 ESRllnternational User Conference Proceedings. Thiess, W., Coleman, D., Rich, J., Selle, B. & Garrett, G., 1999. "Utilization of GIS for Wastewater Master Planning in the Florida Keys." Florida Water Resource Conference Proceedings. Coleman, David S., Selle, Brandon D., and Massing, Larry, 1998. "Utilizing GIS to Evaluate and Improve a Fire Protection System." 1998 ESRI International User Conference Proceedings. Coleman, David S. and Kupfer, J.A., 1996. "Riparian Water Quality Buffers: Estimating Effectiveness and Minimum Width in an Agricultural Landscape Using GIS." Southeastern Geographer, Vol. 36, pp. 113- 127. LBFH, Inc. - A Boyle Engineering Company PROJECT ASSIGNMENT QAlQC EDUCATION 1971/B.S. Mechanical Engineering/Georgia Institute of Technology 1972/ Master of Science/ Tulane University YEARS OF EXPERIENCE Joined LBFH/Boyle: 2001 With others: 28 REGISTRATIONS Professional Engineer/ Florida License No. 18001 AFFILIATIONS Florida Engineering Society National Society of Professional Engineers American Public Works Association Jeffrey D. Renault, P.E. Vice President Mr. Renault will provide Quality Assurance/Quality Control from LBFH, Inc.'s West Palm Beach office. He brings to the firm more than 33 years of professional experience that includes the technical, financial, planning, design, permitting, management, and implementation aspects of a wide variety of public works projects. Mr. Renault has directed numerous feasibility studies, economic evaluation and cost analyses, water and wastewater improvement and expansion programs, roadway and drainage projects, sewer system studies (Infiltration/Inflow Analyses, Sewer System Evaluation Studies), rehabilitation programs, and municipal facilities programs. Related Experience Water System Improvements, Town of Lake Clarke Shores Project Manager on the construction of a new water transmission/ distribution system in an existing 161 +/- acre residential community. Project included 27,400 lineal feet of water mains (4"-12" diameter), 52 fire hydrants, valves, services, a master meter and vault, and other appurtenances. Services included preliminary studies, survey, modeling, design, permitting, bidding and contract award, assisting with an assessment program, and contract administration. Improvements to Phil Foster Park, Palm Beach County Parks and Recreation Project Manager on the renovation of and improvements to an existing 9.3 acre park located on the Intracoastal Waterway. Project includes renovation of 1,500 lineal feet of existing bulkhead, renovation of existing docks and boat ramps, new docks (fixed and floating), new buildings (2-story security, restroom/lifeguard facility, maintenance garage, pavilions), additional parking (auto and trailer), pedestrian circulation, new water distribution and fire protection system, extensions of sewer system, stormwater management improvements, site lighting, landscaping and irrigation, and other appurtenances. Services included preliminary engineering studies, survey, design, permitting, bidding and contract award, and contract administration. Utility and Drainage Improvements - Area II, City of Boca Raton Project Manager on the reconstruction of approximately 5,100 LF of streets in an existing commercial/industrial area of the City including surface water management system, curbing, driveway turnouts, on- street parking, and sidewalk. Also included was approximately 5,100 LF of 8" water distribution mains, fire protection system, approximately 5,040 LF of 8" gravity sewer main, one duplex submersible pump station (530 gpm), and approximately 700 LF of 6" forcemain. Services included feasibility study, cost analysis, design, permitting, bidding LBFH, Inc. - A Boyle Engineering Company Jeffrey D. Renault, P.E. Vice President assistance, and construction administration. Belle Glade Business Park - Phase 2, City of Belle Glade Project Manager on the construction of a 50-acre addition to the Belle Glade Business Park. Project includes approximately 1,980 lineal feet of streets with concrete curb and gutter, 4,150 lineal feet of water system extension (12" PVC), 1,740 lineal feet of sanitary sewer extension (8" PVC), analysis of existing wastewater pump station, 3,650 lineal feet of stormwater piping (15" to 36" diameter), new surface water management system and modifications to existing control structure, and street lighting, Services include preliminary engineering studies, survey, permitting, bidding and contract award, assistance with USDA grant acquisition, and contract administration. LBFH, Inc. - A Boyle Engineering Company PROJECT ASSIGNMENT Geodatabase Development & Design EDUCATION 1998/B.A. Geography/GIS/ Florida Atlantic University YEARS OF EXPERIENCE Joined LBFH/Boyle: 1999 REGISTRATIONS GISP Certification # 00015024 AFFILIATIONS URISA - Urban and Regional Information Systems Association Henry Mogilevich, GISP GIS Specialist Mr. Mogilevich is a Geographic Information System (GIS) Specialist at LBFH, Inc. His responsibilities include assisting in the development and utilization of spatial analysis techniques, database development, database management, and map production in support of engineering and surveying projects. Past and current studies have involved working with programs such as ArcGIS - Arclnfo and Extensions, AutoCad, COGO, IDRISI, and Geomedia. He is also educated in statistics/quantitative analysis, remote sensing and digital image analysis. Mr. Mogilevich is a certified GIS Professional (GISP) and is among the first one thousand to receive that designation worldwide. Related Experience Martin County Creation of a parcel database using COGO plats in AutoCad to create basemap layers, attribute input, PCN numbers, and conversion into GIS coverages, South Indian River Water Control District GIS database development and management for the District's stormwater drainage. GIS is/will be used for operations, maintenance, and analysis of drainage. Monroe County GIS support for the County's Wastewater Master Plan. Identifying potential Hot Spot areas based on specified criteria and observations made from aerial photography. Database management, calculating tabular information to assist engineering staff, and producing maps of areas for proposals. South Indian River Water Control District Updating lot boundaries in the District using AutoCad. Broward County Assisted in the development of an alias list for the County's streets. St. Lucie County Utility's Water and Wastewater Master Plan Digitizing utility features into Arc/Info and Arcview to produce a GIS database which would be used for querying information, producing maps, and managing data more efficiently. Immokalee Water and Sewer District Creation and maintenance of utility GIS data for the District, digitizing utilities from as-built drawings, adding attribute data to tables, setting up hyperlinks for as-built drawings, assisting in converting GIS data for WaterCAD modeling and analysis. St. Lucie County Economic Development Council Developed GIS for the Council, created master GIS database for internal personnel to LBFH, Inc. - A Boyle Engineering Company Henry Mogilevich, GISP GIS Specialist assist planners and developers in locating potential business sites. Martin County Utilities Assisted the Utilities Department to incorporate existing GIS data with Hansen asset management system, City of Winter Garden Creation and maintenance of utility GIS data to the City of Winter Garden, Florida, digitizing utilities from record drawings, adding attribute data to tables, and set up hyperlinks to record information. Village of Royal Palm Beach Utility GIS Data Conversion GIS Specialist on mapping project for the entire water distribution system and wastewater collection system utilizing record information converted to a digital ESRI Geodatabase format. Village of Royal Palm Beach Stormwater GIS Data Conversion GIS Specialist mapping project for the entire stormwater drainage system utilizing record information converted to a digital ESRI Geodatabase format. Adams Ranch Rural Lands Stewardship Team member on one of the first Rural Lands Stewardship Programs in Florida - the Adams Ranch and 23,000 acres in NW St. Lucie County. Created digital ESRI GIS files based on LBFH and other team data. Data layers compiled included vegetation, land use, land base, aerial, boundaries, and others. GIS was used in analysis of land credits for "sending" and "receiving" lands. GIS implementation for Martin County Utilities Converted data supplied in various formats and software applications into Arclnfo and ArcView format. Organized scanning and archiving of "as-built" drawings, Linked scanned images to GIS. Updated utilities in GIS based on new construction Additional Experience · Geocoding addresses and researching the rejected address list by querying Property Appraiser's Office, Permit Monitoring, Census Bureau, Supervisor of Elections, and Florida Power and Light databases. · Assisted in GPS data collection for various projects throughout Martin & Monroe Counties, developing code lists, training field personnel to use GPS data collectors, converting raw GPS data to GIS formats, and incorporating GPS data with existing GIS. · Assist in various internal projects through map and analysis support, provide training of GIS concepts and software to staff, and assist in data collection and conversion, LBFH, Inc. - A Boyle Engineering Company Henry Mogilevich, GISP GIS Specialist Publications & Presentations Coleman, D., Mogilevich, H. & Cisneros, J. 2000. "Martin County Utilities Map Book." ESRI Map Book, Volume 15 Schuler, D., Mogilevich, H" and Coleman, D. 2004, "Updating a Utility GIS to Depict New Construction Using GPS." 2004 ESRllnternational User Conference Proceedings Perez, Cesar Ph.D., Henry Mogilevich and David S. Coleman. 2005, "A Commercial and Industrial Land Inventory Analysis Using GIS." 2005 ESRllnternational User Conference Proceedings LBFH, Inc. - A Boyle Engineering Company PROJECT ASSIGNMENT Applications & Interface EDUCATION 2001 / BA / Geography / Florida Atlantic University 2004/ MA / Geography / Florida Atlantic University YEARS OF EXPERIENCE Joined LBFH/Boyle: 2004 REGISTRATIONS GIS Certified AFFILIATIONS URISA (Urban and Regional Information Systems Associations) FSG (Florida Society of Geographers) GTU (Gamma Theta Upsilon) International Society of Geographers Brian S. Anyzeski GIS Specialist Mr. Anyzeski joined LBFH in 2004 as a Geographic Information Systems Specialist skilled in the areas of GIS Systems, Remote Sensing and Digital Image Analysis. He also has a solid understanding of raster and vector data concepts and is able to analyze spatial trends and patterns utilizing terrain visualization and analysis, spatial analysis, network analysis, spectral signature analysis and image interpretation. Mr. Anyzeski is well-trained in ESRI software and Erdas Imagine. He has advanced computer cartography skills and geo-data visualization skills. Applications include physical and economic geography, population analysis and utility analysis. Related Experience Village of Royal Palm Beach Utility Mapping Services, GIS Team Member Job responsibilities include Geodatabase development, reviewing record drawings, project coordination, and data conversion for the Village of Royal Palm Beach's water/wastewater system. Village of Royal Palm Beach Stormwater GIS, GIS Team Member- Develop Geodatabase, review record drawings, project coordination, and data conversion. Becker Holding Corp. GIS Consulting, Martin County, GIS Team Member - Work with agricultural and parcel data, calculate acreage and create exhibits for Becker development project. Immokalee Water and Sewer District, GIS Team Member- Maintenance of utility GIS data for the Immokalee Water and Sewer District. Assist engineering staff in converting GIS data for WaterCAD modeling and analysis. Adams Ranch Rural Lands Stewardship, GIS Team Member - One of the first Rural Land Stewardship Programs in Florida - the Adams Ranch and 23 thousand acres in NW St. Lucie County. Created digital ESRI GIS files based on LBFH and other team data. Data layers compiled included vegetation, land use, land base, aerial, boundaries, and other data. GIS was used in analysis of land credits for "sending" and "receiving" lands. NPCID Central Boulevard, Town of Jupiter, GIS Team Member - Conducted a tree survey using Leica GPS equipment. Advanced Remote Sensing, Florida Atlantic University/Pine Jog Environmental Center of West Palm Beach, GIS Team Member - LBFH, Inc. - A Boyle Engineering Company Brian S. Anyzeski GIS Specialist Research comprising of mapping and compiling a database of the Gopher Tortoise population using Mobile GIS/GPS equipment and conducted a time-series analysis and vegetation mapping using historical aerials and L1DAR data. Additional project related experience - Support internal engineering and surveying projects by creating exhibits showing location, soil, land use, wetlands, topographic and FEMA flood zone maps. Other types of support include GIS to CAD conversion, data acquisition from government and private agencies, digital elevation model analysis and working with and integrating aerial and satellite imagery into projects and exhibits. Publications & Presentations "Creating a Comprehensive Stormwater Geodatabase for a Florida Municipality," presented at the SERUG (Southeast Regional User Group) Conference, Jacksonville, FL (April 2006). Co-Authored with Dave Coleman, GISP, John Love, GIS Coordinator and Chris Marsh, P.E. (In Press). "Building a Water/Wastewater Geodatabase for the Village of Royal Palm Beach," presented at the 2005 ESRllnternational User Conference Map Gallery, San Diego, CA (July 2005). Co-Authored with Dave Coleman, GISP and Henry Mogilevich, GISP. "100 Years of Census: U.S. County Population Patterns, 1900-2000, Part I," presented at the Florida Society of Geographers annual meeting, Pensacola Beach, FL (Feb 2004). Co-Authored with Dr. Ronald Schultz, Erik Henning and Mike Broker. "100 Years of Census: U.S, County Population Patterns, 1900-2000, Part II," presented to the Florida Academy of Science, Orlando, FL (March 2004). Co-Authored with Dr. Ronald Schultz, Erik Henning and Mike Broker. "Homeland Security: A Borderlands Route GIS," presented at the 2003 ESRllnternational User Conference Map Gallery, San Diego, CA (July 2003). Placed 4th in "Best Cartographic Design" Category. Co- Authored with Dr. Charles Roberts, Florida Atlantic University. LBFH, Inc. - A Boyle Engineering Company PROJECT ASSIGNMENT GIS Analysis & GPS EDUCATION 2005/ BS / Geology / Tennessee Technological University YEARS OF EXPERIENCE Joined LBFH/Boyle: 2006 AFFILIATIONS GSA - Geological Society of America Clayton McMillan GIS Specialist Mr. McMillan joined LBFH, Inc. in early 2006. He performs both GIS and Hydrogeology services for the firm. Related Experience Key West Injection WeIlIW-2, Key West, FL City of Key West IW-2 - Responsibilities included oversight of testing activities, ensuring compliance with the requirements of the regulatory agencies, coordination with contractor and FDEP, and daily reporting activities. GIS implementation for Martin County Utilities - Assisted in GPS data collection for various projects throughout Martin County, developing code lists, converting raw GPS data to GIS formats, and incorporating GPS data with existing GIS. Assist in various internal projects through map and analysis support and assist in data collection and conversions. Publications Shoffeitt, S., Hensley, J., McMillan, C., Harrison, M., and Mills, H. 2005. "Geology and Fluviokarst Features of the Cookeville East, Tn Quadrangle: an EDMAP Contribution to the National Geologic Map Database" 2005 GSA Annual Meeting, poster presentation. LBFH, Inc. - A Boyle Engineering Company s d s SMART DATA STRATEGIES "c',,", ~,', .." r'T"'~ s d s Proposal Due: .lune 9, 2006 (5:00 PM) The City of Boynton Beach and The Boynton Beach Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation Prepared for: Vivian Brooks Planning Director Boynton Beach Community Redevelopment Agency 639 East Ocean Boulevard, Suite 103 Boynton Beach, Florida 33435 Prepared by: Smart Data Strategies, Inc 357 Riverside Dr, Ste 100 Franklin, TN 37064 Phone: 615-794-5280 Fax: 615-794-5310 Federal Tax 10 Number: 62-1522149 Contact: Ray Dupree, Jr. Email: sales@sds-inc.com Phone: (615) 794-5280 Date: June 8, 2006 ONE SPOT ON THE MAP B s J s Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation Table of Contents COVER LETTER .......................................................................................................................................... 2 COMPANY BACKGROU N D AND EXPERIENCE... ............. ............. ............. ............. ...... ....... ...... ...... ....... 4 COMPANY STRUCTURE.........."".."",."",."""."",.""""..........."""."",.,.,.".........,."."",."."......,.",., .,.",.", 4 OFFICE LOCA TlONS .,',....'......"',."",."""."",."""""".,..".,....,."",.""".""",'...."""."""""".,'....,.""",, .,.,., 4 ORGANIZATIONAL CHART",.",.,.,.,.".."".""".",.,."",.""""""."""."",.,."""""."""."",."",.""""""."",.,. " 5 PRINCiPLES""."",."""."",."""."",.""".",.,.""""""."",."""""".""""""."",."""."",." """""."",.""""", 6 EXPERIENCE"""".",.,.,.""."."",.",."",.""""""."",.""""""."""""".,.",."""."",.""""". ,.,.",."",'."",.,.", 7 PROJECT REFERENCES FOR LAST 3 yEARS."."."""""".""""""."",."""."",."""."",.""""""."",."",..,.,., 7 ILLUSTRA TlON OF ExPERIENCE"""."",."",."""."",.,."""""."""."",.,.",."""."""""".".".,.",."""."",..." 12 FINANCIAL STABIUTY.",.,.,."".",.,."""""".""""""."."."""""".""""".,.,.",."""."",."".,."",."",.", ",.,'.. 17 PROJECT TEAM"."..........."'.,."""."'.,.,."'.."'...,."'."""."'.,.,.""".....,."'.""".""'..,...,."'.,.,."""'.. ..,.,.,.,.", 20 PROJECT TEAM RESUME INFORMA TION"",."",.""""...,..,."."""."",.",.......".""".".,......"."",."",.,......."" 20 SCOPE OF WORK..................................................................................................................................... 30 CONTRACT AGREEMENT ....................................................................................................................... 33 357 Riverside Drive, Suite 100 \7 Franklin, TN 37064 \7 T: 615-794-5280, F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 1 - Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation s d s COVER LETTER June 8, 2006 Vivian Brooks Planning Director Boynton Beach Community Redevelopment Agency 639 East Ocean Boulevard, Suite 103 Boynton Beach, Florida 33435 Smart Data Strategies, Inc. is pleased to submit a proposal and solicitation for the City of Boynton Beach, Florida to design a property database applicable to the vision of the Boynton Beach CRA plan, applicable zoning or entitlements, and sound real estate development practices to allow tracking of CRA-owned property, map property inventory, track real estate trends and determine commercial vacancy rates. Smart Data Strategies has read and understands all procedures is a part of the initial submission requirements. We at Smart Data Strategies pride ourselves in working alongside our clients as if we were just an extension of client resources. Smart Data Strategies recognizes that not everyone has the same understanding of the technical complexities involved in a GIS implementation and our experience can assist the city in this regard. We are the GIS experts and our desire and objective in any project is to transfer knowledge in order to allow you to be self sufficient in this area. We recognize that no two agencies are the same. We also listen first to make sure we understand what it is you want to do before drawing any conclusions of our own. Smart Data Strategies has a very rich and rewarding history of providing quality conversion and migration services and software at affordable prices. Seventeen years ago we performed our first paper to digital map conversion project in Lawrence County, Alabama. In the years that followed and over ten million parcels later, Smart Data Strategies continues to provide quality products and services. Tommy Praytor, Revenue Commissioner for Lawrence County, AL, recently mentioned that he "finds comfort in knowing that Smart Data Strategies is a stable company to do business with and continues to lead in the GIS arena in the state. " "I am very impressed with SDS's work on the project. Who wouldn't be? We sampled nearly 20% of each batch delivered during phase one, and the overall evaluation score was greater than 99.3% for accurately capturing the nine map layer feature types. II Caroline Gaulke, Geographic Information Systems Manager for Anne Arundel The experience gained while providing GIS/Mapping services for government agencies throughout the United States, including a $1.7 million dollar geodatabase migration for Anne Arundel County Maryland, has allowed us to refine our processes and procedures, paying careful attention to quality and functionality. Smart Data Strategies has a vested interest in providing the best possible solution which will allow the City to be exceptional data stewards. The key to meeting this is in our people and our ability to work as a team, alongside Boynton Beach, harvesting each person's unique expertise. Nothing is more important to us than assuring the delivery of an accurate and quality data product to Boynton Beach. 357 Riverside Drive, Suite 100 v' Franklin, TN 37064 V' T: 615-794-5280, F: 615-794-5310 www,sds-inc,com I www,emapsplus,com - 2- Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation The following shows a brief overview of the requirements to provide a winning solution for the City of Boynton Beach. o Exoerience with oarcel mao data conversion and exoerience with ESRI software in creatina a robust oarcel mao aeodatabase structure - Smart Data Strategies has successfully undertaken over 100 parcel conversion projects as well as 40 geodatabase migration projects. Smart Data Strategies, being the industry experts, helped ESRI write the Land Parcel Data Model which will be the starting point for the Boynton Beach's geodatabase design. o Ability to make sound decisions and interoretations of land descriotions - Our strongest quality is the ability and experience of our professional staff and technicians. We understand both metes and bounds and PLSS rules. An onsite review by the Project Manager, Monica Dennis, of the data provided insight into the source data. o Conveyance of a clear understandina of the City's needs and an ability to accomolish the work soecified - Working with Smart Data Strategies means you have an open line of communication all the way up to the CEO. However, we like to believe that our experienced project managers are great problem solvers and will bend over backwards to listen first, and then make suggestions for a solution. o Stability of the comoany and adeauacy of oroduction facilities - For over 17 years, Smart Data Strategies has been providing quality solutions for counties across the United States. We are strong and continue to grow year after year. Smart Data Strategies converts or migrates over one and a half million parcels on average per year. o Qualifications of oroiect oersonnel and resoondent's ability to commit caoable staff to suooort the orooosed oroiect - Our project team is comprised of 500 combined years of GIS and Project Management experience. Including 17 years of extensive experience with nearly every data format available including both AutoCad and ESRI. o Maintenance and Maooina Services exoerience - Smart Data Strategies' Mapping Services Group is a team of mappers with over 20 years of experience in County Parcel Updates. The team can work with various formats including deeds, plats, and dwg files. s J s o Ability to deliver oroducts within the soecified lime frame - Smart Data Strategies uses professional project management tools and sets realistic goals when determining schedules, Smart Data Strategies will meet all of the requested timeframes. o References - Smart Data Strategies is listing five references that we believe represent some of our most appropriate customer projects that show our breadth and depth in the geodatabase migration and application development business. We will be pleased to provide you with additional information regarding this proposal and we look forward to the opportunity to partner with the City of Boynton Beach. If you have any questions, please do not hesitate to contact me at sales@sds-inc.com or (615)794-5280. Best Regards, ~ Ray Dupree, Jr Eastern Regional Sales Manager 357 Riverside Drive, Suite 100 'V Franklin, TN 37064 'V T: 615-794-5280, F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 3- Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation COMPANY BACKGROUND AND EXPERIENCE s J s Company Structure Smart Data Strategies, Inc. a privately-held, woman-owned company founded in 1989 has built a reputation for delivering quality property-related data products, cadastral data management tools, and other Geographic Information System (GIS) data services in a timely and economical manner. Smart Data Strategies specializes in delivering "best in class" land records management products and services based on industry-standard GIS technologies, including ESRI's ArcGIS platform. Smart Data Strategies strives to satisfy the GIS-related needs of a variety of clients, including but not limited to local, state, and federal government agencies. Smart Data Strategies has experience working with a diverse client base, with each client bringing its own assortment of needs, expectations, source documents, data layers, data types, and fiscal wherewithal. This continual interaction with various property-related GIS projects has allowed Smart Data Strategies to fine-tune its approach to the cadastral workflow, from project cost and time estimation through delivery of client-certified data products. Smart Data Strategies is currently involved in a joint venture with EarthData for the Tennessee Base Mapping Program in which we are providing parcel conversion and GIS services for all 96 counties in the state. Office Locations Smart Data Strategies' is incorporated in the State of Tennessee with the Main Production Facility and Training Center located at 357 Riverside Dr, Ste 100, in Franklin, TN. The Corporate contact information is: phone: 615-794-5280, fax: 615-794-5310, email: sales@sds- inc.com, and web: www.sds-inc.com. 357 Riverside Drive, Suite 100 v Franklin, TN 37064 'V T: 615-794-5280. F: 615-794-5310 www,sds-inc,com I www,emaosolus,com -4- Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation s d s Organaa6onalCharl CEO Susan Marlow President/COO Dave BarnweO Office Mgr Jan Meister Rob Marlow Program MalUJ/feF Director Operations Todd Hawkins Conversion Services Jerry Tate Jim Hall Kay Allen David McReynolds J 1', Meier Monica DenniS Paul Baggett Brady Haygood Jon Curtis Baltimore Site VP TechlWlogy Services Raymond VtlJIghn Marvin Haywood Technical Support Mark Slagle Technical Support Tamie Vaughn Technical Support JejJCassidy Technical Support Scoll Adan.. Product Manager Brian Conley Product Manager Jay Kesler IT ServIces VP SalesIMkrt nm Garrett eSales Rep Will Paddock eSales Rep Open Teresa Gqffney Proposal Coord. Western Region Sales Theron Hatch Eastern Region Sales Ray Dupree 357 Riverside Drive, Suite 100 V Franklin, TN 37064 V' T: 615-794-5280 ' F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 5- Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation s d s Principles Susan Marlow - Founder and CEO, Susan Marlow has the responsibility to lead the organization with vision and positive direction. Ms. Marlow is a hands-on manager with years of geospatial experience to draw upon. She regularly meets with existing Smart Data Strategies clients and makes many potential client visits.. Even though her current responsibilities do not involve direct cadastral project management, Ms. Marlow has personally managed hundreds of cadastral conversion projects in her career and has in-depth knowledge of the conversion and the software implementation process. Ms. Marlow believes in the importance of the property layer as one of the NSDI foundation layers of information and involves herself in many movements to promote a unified local, state, and national property database sharing initiative. As a company, Smart Data Strategies has touched more that ten percent of the nation's properties with either its conversion services or the implementation of the Smart Data Strategies DREAMaps ™ software suite. Ms. Marlow currently serves as the Chairman of the Board, Institute for GIS Studies, (IGISS), Chairman of the MAPPS, Federal Cadastral Task Force, Chairman, Transportation Research Board (TRB), Panel for Integrating Geospatial Technologies into the ROW Process, Member of the Federal Geographic Data Committee (FGDC), Cadastral Sub-committee, and is actively involved as an instructor for IMO, GIS for Assessors course 651. Dave Barnwell-President/COO joined Smart Data Strategies in June 2003 and brings over 30+ years in executive management working in various industries, including Retail, Manufacturing, Transportation, Residential Appraisal Services, Internet Consulting and IT services. His primary role is in the day to day management of the operating units within the company. He has a broad base of leadership experience in both the large corporate environment as well as the entrepreneurial "startup" business segment. He played a critical role at Fed Ex where he was responsible for technology, training and service quality for the global customer service division and has worked for Delta Capital Management's Portfolio Startup Companies serving to improve service, profitability and company valuation for future return of investment. Steve Byington - Controller and CFO joined Smart Data Strategies as Controller and CFO in November 2003 after serving as the Controller I Director of Financial Operations for Smith Seckman Reid, lnc, - a Nashville, Tennessee based Engineering firm for the previous 10 years. Mr. Byington managed the day to day financial operations and project accounting for Tennessee's largest engineering firm. In addition, Mr. Byington brings over 25 years of financial and accounting experience with a vast array of public, private and entrepreneurial firms, 357 Riverside Drive, Suite 100 ,\7 Franklin, TN 37064 'V T: 615-794-5280. F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 6 - s d s Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation Experience Smart Data Strategies has successfully delivered digital datasets, cadastral data management systems, and other cadastral/GIS consulting projects for a variety of clients, including more than 200 organizations and several private-sector companies. Smart Data Strategies uses well- established methods - including deed research, COGO, and best-fit construction approaches - and inventive application of modern GIS and programming techniques to provide a unique blend of focused services to users of property data. The following map shows a representative listing of clients across the United States. SDS Has touched 8-10% of all the parcels in the United States Project References for Last 3 Years The following alphabetical list shows projects undertaken by Smart Data Strategies. Client Info Project Name Size Project Description Start/End Anne Arundel County, MD P,O, Box/Mail Stop: MS MS-7202 Phase I 210,000 Utilizing multiple sources, Smart Data 1 2662 Riva Rd" Heritage Complex AutoCAD parcels 06/04 - 10/04 Strategies standardized existing CAD Annapolis, MD 21401-7305 conversion files in preparation for migration to a Caroline Gaulke new Geodatabase (410)222-4022 Anne Arundel County, MD Smart Data Strategies moved CAD P,O. Box/Mail Stop: MS MS-7202 2662 Riva Rd" Heritage Complex Phase II-III 210,000 files to geodatabase, performed 2 Annapolis, MD 21401-7305 Geodatabase parcels 10/04 - 07/05 COGO using subdivision plats, and fit Caroline Gaulke integration other existing linework to (410)222-4022 planimetrics, Baltimore County, MD Smart Data Strategies performed 400 Washington Avenue 3 Towson, MD 21204 Needs 275,000 12/02 - 06/04 evaluation of existing GIS systems at Doug Adams Analysis parcels the county, (410)887-2289 357 Riverside Drive, Suite 100 v Franklin, TN 37064 v T: 615-794-5280, F: 615-794-5310 www,sds-inc,com / www,emapsplus,com - 7 - eo ata ase ua I Ica Ions an roposa olCla Ion Baltimore County, MD 400 Washington Avenue Geodatabase 275,000 08/04 - Smart Data Strategies converted 4 Towson, MD 21204 Migration parcels Current graphic data from Arc-Info Coverage Doug Adams fonnat to Geodatabase fonnat. (41 01887 -2289 Barbour County, AL Smart Data Strategies digitized 303 East Broad St Parcel 25,000 parcel data from tax maps and best- 5 Eufaula, AL 36027 conversion parcels 02/04 - 04/05 fit parcel data to new orthophotos, Kevin Christopher Geodatabase delivery, (334)619-1513 Butler County, AL Smart Data Strategies digitized 700 Court Square Parcel 18,000 parcel data from tax maps and best- 6 Greenville, AL 36037-2334 conversion parcels 10/04 - 04/05 fit parcel data to new orthophotos, Carolyn R. Middleton Geodatabase delivery, (334)382-3221 Calhoun County, AL Smart Data Strategies digitized 1702 Noble Street Parcel 70,000 parcel data from tax maps and best- 7 Anniston, AL 36201 conversion parcels 08/02 - 04/03 fit parcel data to new orthophotos, Barry Wells Geodatabase delivery, (256)241-2876 Calumet County, WI Smart Data Strategies captured 206 Court Street Parcel 20,000 parcel data from original deeds & 8 Chilton, WI 53014 conversion parcels 12/02 - 01104 plats and matched data to new Ken Pabich orthophotos, Arc-Info Coverage & (920)849-2361 Geodatabase delivery, Cape Glrardeau County, MO Smart Data Strategies digitized 1 Barton Square Parcel 30,000 parcel data from tax maps and best- 9 Jackson, MO 63755 conversion parcels 08/03 - 03/04 fit parcel data to new orthophotos, Roger Arnzen Arc-Info Coverage & Geodatabase (573)243-3123 delivery, City of Jonesboro, GA Smart Data Strategies digitized 124 North Avenue 10 Jonesboro, GA 30236 Parcel 1,500 09/04 - 07/05 parcel data from tax maps and best- Joel Logan conversion parcels fit parcel data to new orthophotos, (770)478-3800 Geodatabase delivery, City of Seneca, SC Smart Data Strategies captured 251 East N 2nd St Parcel 2,000 parcel data from original deeds & 11 Seneca, SC 29679-4773 conversion parcels 07/03 - 03/04 plats and matched data to new Julie Monks orthophotos, AutoCAD & Arc (864 )885-2724 Shapefile delivery, Clarke County, AL Smart Data Strategies digitized 117 Court St 12 Grove Hill, AL 36451 Parcel 27,000 06/04 - 10/04 parcel data from tax maps and best- Jay Duke conversion parcels fit parcel data to new orthophotos, (251 )275-3377 Geodatabase delivery, Clay Co, AL Smart Data Strategies digitized P,O, Box 155 13 Ashland, AL 36251 Parcel 12,500 03/04 - 01/05 parcel data from tax maps and best- Ronald Robertson conversion parcels fit parcel data to new orthophotos, (256)354-2454 Geodatabase delivery, Cobb County, GA Smart Data Strategies digitized 10 Park Square Geodatabase 170,000 parcel data from tax maps and best- 14 Marietta, GA 30090 migration parcels 04/03 - 01/04 fit parcel data to new orthophotos, Tim Scharff Constructed ROW's from ROW (770)528-8700 plans, Arc-Info Coverage delivery, Coffee County, AL Smart Data Strategies digitized P,O, Box 311606 Parcel 15 Enterprise, AL 36331 Conversion 27,000 09/05 - 10/05 parcel data from tax maps and best- John Brim parcels fit parcel data to new orthophotos, (334 )894-0325 Geodatabase delivery, In Process, Colbert County, AL Smart Data Strategies digitized 201 North Main Street 16 Tuscumbia, AL 35674 Parcel 40,000 07/05 - 07/05 parcel data from tax maps and best- Bill Thompson Conversion parcels fit parcel data to new orthophotos, (256)386-8538 Geodatabase delivery, G d Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Q IT f d PIS r "t f s d s b 357 Riverside Drive, Suite 100 v Franklin, TN 37064 'V T: 615-794-5280, F: 615-794-5310 www,sds-inc,com / www,emaosolus,com - 8- G d t b Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Q IT f d PIS r "t f s d s eo aa ase ua I Ica Ions an roposa OICla Ion Crenshaw County, AL Smart Data Strategies digitized P,O, Box 208 Parcel 14,000 parcel data from tax maps and best- 17 Luverne, AL 36049 conversion parcels 09/05 - current fit parcel data to new orthophotos, Sherry McSwean Geodatabase delivery, 1334 )335-6568 Cullman County, AL 500 2nd Avenue GDB 47,000 Smart Data Strategies converted 18 Cullman, AL 35055 Migration parcels 09/03 - cu rrent graphic data from DGN format to Scott Andrews Geodatabase format. (256)775-4825 Cuyahoga County OH Smart Data Strategies digitized 1370 Ontario Street Pilot Parcel 30,000 parcel data from tax maps and best- 19 Cleveland, OH 44113 Conversion 01/03 - 02/04 Tom Snezak project parcels fit parcel data to new orthophotos, (216)348-3846 Geodatabase delivery, Dallas County, AL Smart Data Strategies digitized 105 Lauderdale Street Parcel 27,000 parcel data from tax maps and best- 20 Selma, AL 36701 conversion parcels 11/03 - current fit parcel data to new orthophotos, Shelby Hutcheson and software (334)876-4821 Geodatabase delivery, Des Moines County,lA Smart Data Strategies captured 513 North Main Parcel 28,000 parcel data from original deeds & 21 Burlington, IA 52601 conversion parcels 07/02 - 03/04 plats and matched data to new Matt Warner orthophotos, Arc-Info Coverage & (319)753-8759 Geodatabase deliverv, Elmore County, AL Smart Data Strategies digitized P,O, Box 1147 22 Wetumpka, AL 36092 Parcel 39,000 09/03 - 04/04 parcel data from tax maps and best- Mike Harper conversion parcels fit parcel data to new orthophotos, (334)567-1118 Geodatabase delivery, Florida Power & Light Parcel P,O, Box 025576 conversion, 4,000,00 Converted parcel data from multiple 23 Miami, FL 33102 multiple o parcels 07/02 - 05/03 different formats into a single, Chuck Binkley standardized format. (561 )694-4453 counties Frederick County, MD Smart Data Strategies captured 12 E, Church Street Parcel 79,000 parcel data from original deeds & 24 Frederick, MD 21701 conversion parcels 05/05 - cu rrent plats and matched data to new Lynda Marcy orthophotos, Geodatabase delivery. (301 )694-1306 In Process, Fulton County, OH Smart Data Strategies digitized 152 South Fulton Street 25 Wauseon, OH 43567 Parcel 65,000 05/03 - 12/04 parcel data from tax maps and best- Roger 0, Freytag conversion parcels fit parcel data to new orthophotos, (419)337-9605 Arc-Info Coverage delivery, Gwlnnett County, GA 75 Langley Drive Parcel 180,000 Smart Data Strategies performed a 26 Lawrenceville, GA 30045 Realignment parcels 02/03 - 09/05 best-fit (to new orthos) of the existing Barry Puckett Geodatabase data, 1770\822-8031 Lauderdale County, AL Smart Data Strategies digitized P,O, Box 794 27 Florence, AL 35631 Parcel 52,000 03/05 - 08/05 parcel data from tax maps and best- Danny Hendrix conversion parcels fit parcel data to new orthophotos, (256)760-5793 Geodatabase delivery, Lewis County, TN 911 110 North Park Street Centerline 7,300 Smart Data Strategies performed a 28 Howenwald, TN 38462 Conflation parcels 12/03 - 12/03 centerline conflation and assigned Mr, Howard Moore address ranges on centerlines, (931 )796-4025 Lewis County, TN 110 North Park Street Parcel 7,300 Smart Data Strategies performed 29 Howenwald, TN 38462 06/04 - 06/04 Bob Johnston Maintenance parcels mapping update services, (931 )796-5848 357 Riverside Drive, Suite 100 V' Franklin, TN 37064 V' T: 615-794-5280 ' F: 615-794-5310 www,sds-inc,com / www,emaosolus,com - 9 - eo aa ase ua I Ica Ions an roposa olcla Ion Lower Merion. PA Smart Data Strategies digitized 75 East Lancaster Ave Parcel 45,000 parcel data from tax maps and best- 30 Ardmore, PA 19003 conversion parcels 08/02 - current fit parcel data to new orthophotos, Mary Graham-Zak and software Geodatabase delivery, (610)645-6161 Macomb County MI Smart Data Strategies digitized 1 South Main, 7th Floor Parcel 330,000 parcel data from tax maps and best- 31 Mount Clemens, MI 48043 conversion parcels 09/02 - 10/04 fit parcel data to new orthophotos, Jeff Schroeder (586)469-5065 Geodatabase delivery, Macon County, AL Smart Data Strategies digitized 210 North Elm Street Parcel 25,000 parcel data from tax maps and best- 32 Tuskegee, AL 36083 conversion parcels 11/04 - 10/04 fit parcel data to new orthophotos, Ed Corbitt (334)724-2603 Geodatabase delivery, Madison County, AL 100 North Side Square Geodatabase 130,000 Smart Data Strategies converted 33 Huntsville, AL 35801 Migration parcels 10/03 - 08/04 graphic data from DGN format to Fran Hamilton Geodatabase format. (256)532-3352 Martin County, FL Smart Data Strategies performed a 100 East Ocean Blvd" Ste 300 Geodatabase 80,000 number of data cleanup tasks & then 34 Stuart, FL 34994 Migration parcels 02/05 - current performed a migration of parcel data Laurel Kelly from Arc-Info Coverage format to (772)288-5608 Geodatabase format. Morgan County, CO P,O, Box 892 Parcel 18,000 Smart Data Strategies captured 35 Fort Morgan, CO 80701 01/05 - current Bob Wooldridge conversion parcels subdivision plats in AutoCAD format. (970)542-3500 Park County, CO Smart Data Strategies captured P,O, Box 571 1246 County Road # 16 Parcel 45,000 parcel data from original deeds, 36 02/05 - current plats, & mining claims and matched Fairplay, CO 80440 conversion parcels data to very loose PLSS control. Craig Barraclough (719)836-4288 Geodatabase delivery, In Process, Putnam County, TN 300 E, Springs Street Parcel 3,000 Smart Data Strategies performed 37 Cookeville, TN 38501 Updates parcels 12/02 - 05/03 subdivision construction from plats in Rhonda Chaffin Arc-Info Coverage format. (931 )528-8428 Richland County. OH Smart Data Strategies digitized 50 Park Avenue East 38 Mansfield, OH 44902 Parcel 70,000 09/02 - 03/04 parcel data from tax maps and best- John Jerger conversion parcels fit parcel data to new orthophotos, (419)774-6392 Arc-Info Coverage delivery, Russell County, AL Parcel Smart Data Strategies performed a 1206 7th Avenue conversion, 31,000 geodatabase migration of 31,000 39 Phenix City, AL 36868 geodatabase parcels 10/04 - 05/05 parcels from coverages and created JW Brannen migration digital soils & floodplain layers to (334) 297-7104 suooort agricultural assessment. St. Clair County. AL Smart Data Strategies digitized 1815 Cogswell Ave Parcel 37,000 parcel data from tax maps and best- 40 Pell City, AL 35125 conversion parcels 03/04 - 12/04 fit parcel data to new orthophotos, Liz Mealer (205)594-2159 Geodatabase delivery, Sumner County, TN 355 North Belvedere Dr Parcel 6,000 Smart Data Strategies performed 41 Gallatin, TN 37066 Updates parcels 06/03 - 08/03 subdivision construction from plats in John C, Isbell Arc-Info Coverage format. (615)452-2412 G d t b Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Q If f d PIS r "t f s d s 357 Riverside Drive, Suite 100 v Franklin, TN 37064 v T: 615-794-5280, F: 615-794-5310 www,sds-inc,com / www,emaosolus,com - 10- eo ata ase ua I Ica Ions an roposa olcla Ion Talladega County, AL P,O, Box 1017 Geodatabase 50,000 Smart Data Strategies converted 42 Talladega, AL 35161 migration parcels 01104 - 07/04 graphic data from Arc-Info Coverage Joe Pomeroy format to Geodatabase format. (256)480-7057 State of Tennessee Smart Data Strategies digitized 505 Deadrick St. 1400 James K, Polk Bldg Statewide 3.4 parcel data from tax maps and best- 43 parcel million 05/02 - current fit parcel data to new orthophotos, Nashville, TN 37243 conversion parcels Arc-Info Coverage delivery, In Dennis Pederson (615)741-7721 Process, Washington County, WI 432 E. Washington St Parcel 29,000 Smart Data Strategies performed 44 West Bend,WI 53095 conversion parcels 11/02 -10/03 construction from subdivision plats & Eric Damkot fit this data to orthophoto control. (262)306-2218 Wilkinson County, GA Smart Data Strategies digitized 100 Bacon Street Parcel 7,200 parcel data from tax maps and best- 45 Irwinton, GA 31042 conversion parcels 10102 -11103 fit parcel data to new orthophotos, Phyllis Lavender Arc-Info Coverage delivery, (478)946-2076 Williamson County, TN Smart Data Strategies captured 1320 West Main Street 46 Franklin, TN 37064 Parcel 6,000 03/04 - 07/04 subdivision plats in Arc-Info Dennis Anglin Updates parcels Coverage format to get county (615)790-5708 caught up on mapping, G d Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Q IT f d PIS r "t f s J s b 357 Riverside Drive, Suite 100 v Franklin, TN 37064 v T: 615-794-5280, F: 615-794-5310 www,sds-inc,com / www,emaosolus,com - 11 - s d s Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation Illustration of Experience CITY OF JONESBORO GEORGIA Phone: (770) 478-3800 Fax: (770)-478-3775 ... Contact: Joel Logan 124 North Avenue Jonesboro, GA 30236 Completion: August 2004 - March 2005 Project: Geodatabase Design, Tax Map Conversion, and Zoning Development Description: The City of Jonesboro, GA contracted with Smart Data Strategies to develop a city-wide parcel layer as a basemap for additional layers including City Boundary, Zoning, and Road Centerlines. The final product was delivered in an ESRI geodatabase designed by Smart Data Strategies. The conversion method used during the project was an approach known as heads-up digitizing in which city tax maps were rectified to known coordinates and then digitized. All map features found on the tax map were captured through this process resulting in a format consistent with current city standards. Additional deliverables provided included developing plot routines which allowed city personnel to plot the entire city map with parcels and another map which included zoning boundaries. "From the day Smart Data Strategies was awarded the contract for our GIS mapping, they have been professional, courteous, and responsive to every need and desire the City of Jonesboro has had concerning our GIS mapping. I am glad we chose Smart Data Strategies and would be remiss not to recommend them to any other county or municipality seeking GIS work of any kind. There are a lot of folks out there who will try to provide you these services, but few match the level of service you will get out of Smart Data Strategies." - Joel Logan, Planning DirectorlGIS Manager for the City of Jonesboro 357 Riverside Drive, Suite 100 v Franklin, TN 37064 V T: 615-794-5280, F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 12 - Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation ,MADISON COUNTY, ALABAMA s d s Contact: Fran Hamilton Revenue Commissioner 100 North Side Square Huntsville, AL 35801 ..... ..... (256) 532-3352 Completion: In Process Amount: $155,850 Description: Performed on-site Needs Analysis workshop and a full Needs Analysis Report describing various aspects of Madison County's GIS needs including assessment of existing hardware, data, software, internal skill sets, and work processes and expected outputs. The report also detailed the expected and desired outcomes from the GIS migration, and the effects that a GIS migration will have on departmental work processes and outputs. Smart Data Strategies also developed an Implementation Plan that I included a description of the gap that exists between the County's stated needs and the County's current resources. The plan also included a detailed list of the Smart Data Strategies and ESRI software that will be required to meet the stated needs, and the list of any recommended customizations. Smart Data Strategies will use this information to complete the County's migration to the Geodatabase. Smart Data Strategies design a geodatabase structure that will, at a minimum, contain all the information such as it is in the existing GIS/CAMA relationship, and exploit any opportunities during the course of migration to improve the quality and normalization of this information to the County's maximum benefit. 357 Riverside Drive, Suite 100 V Franklin, TN 37064 V T: 615-794-5280, F: 615-794-5310 www,sds-inc,com I www,emaDsDlus,com - 13- Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation RUSSELL COUNTY, ALABAMA s J s Contact: JW Brannen Chief Appraiser 1206 7th Avenue Phenix City, AL 36868 Phone: (334) 297-7104 Completion: May 2003 Description: The initial work comprised performing a geodatabase migration of 29,500 parcels (which were converted by Smart Data Strategies years earlier) from coverages and creating digital soils & floodplain layers to support agricultural assessment etc. Smart Data Strategies performed the original parcel conversion for Russell several years earlier. With the advantages of the new geodatabase technology, Russell decided to move to the new platform. Russell County contracted with Smart Data Strategies to provide an e-commerce enabled web portal for digital map data via eMapsPlus.com. More specifically, eMapsPlus allows the user to: . Logically search for, display, and print digital parcel maps and related tabular data consisting of County-specified information currently maintained by County from a standard Internet browser, · Perform basic system queries by property 10, property address, or owner name. . Generate a mailing list for query results. · Generate a graphical map of a selected parcel (with the ability to turn on and off available data layers), · View images (multiple formats) attached to specific parcels 357 Riverside Drive, Suite 100 v Franklin, TN 37064 V T: 615-794-5280 . F: 615-794-5310 www,sds-inc,com I www,emapsplus,com - 14- s d s Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation DES MOINES COUNTY IOWA Phone: (319)753-8759 Fax: (319) 753-8721 Contact: Matt Warner GIS Coordinator P.O. Box 784 Burlington, IA 52601 Completion: May 2003 - January 2003 Description: Des Moines County and the Cities of Burlington and West Burlington are a consortium of three separate government entities that have come together for a GIS Parcel Conversion Project. The three entities consist of about 28,000 parcels of land. Parcels in the two cities, Burlington and West Burlington, are being digitized from the tax maps and then matched to the orthophotography. Parcels outside these two cities were constructed using coordinate geometry (COGO) and then matched to the orthophotography. Road centerlines and water bodies were created from the orthophotography for the entire county. The consortium will be using the Smart Data Strategies DREAMaps software suite to enhance their environment. They will be using Parcel Mapper to help with maintenance. Parcel Analyst will be used as a spatial extension to their CAMA system. The consortium will also be using eMapsPlus to distribute their data to both the public and private sectors 357 Riverside Drive, Suite 100 v Franklin, TN 37064 v T: 615-794-5280 ' F: 615-794-5310 www,sds-inc,com / www,emacsclus,com - 15- s d s Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation AUT AUGA COUNTY ALABAMA (334) 361-3798 Contact: Connie Scott GIS Coordinator 218 North Court Street Prattville, AL 36067 Completion: December 2003- March 2004 Description: Smart Data Strategies created an implementation plan outlining the migration path that included a geodatabase design suitable for use with Autauga County's GIS. The system supports a variety of county departments. Smart Data Startegies migrated the current parcel data layers into the ESRI geodatabase format. Smart Data Strategies also did the initial parcel conversion work for the county's 35,000 parcels in February 2004. The result of the migration is an enterprise geodatabase system that is fully integrated with the entire DREAMaps land management solution as well as the county's existing CAMA system. The county will be utilizing Smart Data Strategies' Mapper Desktop product to perform daily cadastral map maintenance in an ArcGIS platform shown above as well as DREAMaps Analyst for assessment analysis, and eMapsPlus data hsting and distribution services. 357 Riverside Drive, Suite 100 v Franklin, TN 37064 v T: 615-794-5280, F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 16- s J s I I Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation Financial Stability s d s SMART DATA STRATEGIES Internal Balance Sheet and Income Statement For the Year Ending February 28, 2006 357 Riverside Drive, Suite 100 v Franklin, TN 37064 V' T: 615-794-5280 ' F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 17 - s d s Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation SIMIt DIIIIIa 1t,In DIIIII ...... .... 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CCMIlI llIdIrect LIIbor 331,231.18 1.7'Jl. 440.558,02 7.4% 104.321,84 23.7'10 1Ma: c........., SoIliWIrlI R_ (217,225,33) -4,3% (243.OOll,I2) -4,1% (28,7110.71) 10.n. 0IhIr....... COlIIa 8.03lI,32 .-.Urt 14174.81 ~ 5& &18.M ~ T.......... CCMIlI 117,147.17 2.ft -'-'71 .... l-,t7UI f1,n, T....IIlNct........ CCMIlI ',7II,27't.lZ an. uaa...- . ....... IR,1IIM 3U% 0... PNIt ~ IU% UM.'II1.G .... 117.a7.l1) -1,n, ....-- SelM s..tea 313.lI22,68 7.3% 300.158,13 5,1% (83.714.46) .21.:/% SelMc-niMlan& 37,11Cl.31 0,7% 82,l103.28 1,1% 25,433.1/7 ~,8% ~....... T & E 113,43UIl 3.3% 1411.474,00 2.5% (13.l18l1.86l -9,~ 0IhIr s.... e..- 1l53..7411.32 ~ 111.1151.14 ~ 131.718.411\ .31,5'Yo T........ __ m,m-.OI 143 IZI,1IUI 10.1% ........1 -14.2% ...., - -.-- omc.8IInla 549.888,18 11.0% 471.813,411 8,O'lIo (77,143.43) .18.5% Connd LIIbor 2,117,50 0.1% 2.J13,43 0.0% 3!l6.83 13.,", ~ T_ ....... & EducaIIen 173,141l,08 3.5% 1tOI3.88 2,8% (7,45U1) -4.5'110 ToIIIlMurwa e...- 103.1lIB.111 2.1% 100,324.811 1,7% (2,781.30) -2.,", ToIII RIllI& 0llalpIncy iEllpInMs 241.200,00 4.1% 377,406.78 1,4'110 131.205.78 31,1% 1ApI& ............ F_ 70.814,82 1.4% 108,380,73 1,8% 37,708.11 :)4,81(, RecnIlIIrG & MoWlg &peIW 11.788,00 G.2'llo 21.531.18 0.4% 1I.7-4Z.1' 45.2% MNII. TnMI& fJ........,~ 42.718.14 0."' 50,714.18 0.", 8,02B,21 15,81(, fIN u..... a .......106 ~ 124,171.54 2.'"' fJO,'ZT7 .58 1,4% (44,801,85) .ll5,1% 0pIrIIq! a..- ~ 144.712.48 2.ft 122,023.80 2.1% (22.758.18) -18,7% F....... & ,.... 11.304.53 0.2'lIo 12.724.22 0.2% 1.4111,58 11,2'lIo T...-. Cellula- & ~ II-. 117.101I.75 2.4% 108,528,17 1,8% (11.378.78) -10,7'llo ,........ Ado......... ~ 82,173.71 1.3% 51.52l5,18 1.0% (5.148,82) -8.", SIIlI "-M. F...... & PlOf*lJ T.. 23,274.08 0.5'1(, 21.481,32 0,4% (1.192,73) -8,3'110 BId DIIIt &peIW 11.11I.1/7 ~ 2O.5lI4 00 --2.m 3.887,03 --1D.m T...,..,Jd."J...__ ..., .... .." 1.7II,7'lUl "1% ......71 t..... ~~ 111...... tu% t.t4,27S.?t tUll. 11~ -1U% rn:rA'" ~ ........ ...... e...,.. lIll.1l1l1.32 1.7'llo lIll.397.21 1.1'110 (111.802.11) -30,3% DepNdIIOn & AmoItDIicln ~ .....520,03 1I.7'llo llOI.004.711 10,3% 123,....,75 20,3% Owow'aAent~ 101.100.00 2.1% (108.110O.00) ........ & EllIcUM IIllru 108.411,00 2.1% 8.250.00 0.1% (100.241,00) IiIIc. NcIft.OpInIIIng '- a e..,.. 11554.501 ~ 1554.501 ...l.l!l2m! T"'~'" NeIIoOpIr. __ ...... lUll. 171,II7" It.ft. (111I,"'2.11) -lUll. "......... IUIIoI7 o.n. -,171.2l1 U% (117. t1UI) .ao% FedaI & SlIIIt '- T_ 10,151I,00 0.2% lo.lI6ll.oo 100,0% T'" ...... .......... ....... ...".. II.fto .......10 12.Z'llo ...... --III -HI MO. -.22 -!D l21I.2IUIl ~ 357 Riverside Drive, Suite 100 'V Franklin. TN 37064 'V T: 615-794-5280, F: 615-794-5310 www,sds-inc,com I www,emaDsDlus,com - 19 . s J s Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation Project Team Project Manager MOI'lica Dennis Conversion Team Supervisors Software Development Team Dir of Operations Todd Hawkins Director of Software ~v Raymond V8l.lQhn Sr. Editor Kty AIifln Software Engineer Scott Adams QA/QC J.T.__ Web Developer Brian Cc>Ilf$v Map Technician patl'ick Gilliam Training Director Rot> ~ Project Team Resume Information Monica Dennis, eMS Project Manager 9 Sr, Project Manager 2004 - present Project Manager 2001 - 2004 Map Technician 1996 - 2001 Project manger. Ms. Dennis Projects Barbour County, AL Butler County, AL Calhoun County, AL Clarke County, AL Clay County, AL Cobb County, GA Cullman Coun ,AL Cook County, IL Crenshaw County, AL Dallas County, AL Dekalb County, AL Escambia County, AL Etowah County, AL Lawrence Coun ,AL Lauderdale County, AL Lewis County, TN Maricopa County, AZ Monroe County, AL St. Clair County, AL St. James Parish, LA Tallade a Coun ,AL 357 Riverside Drive, Suite 100 'V Franklin, TN 37064 'V T: 615-794-5280 ' F: 615-794-5310 www,sds-inc,com I www,emaDsDlus,com - 20- s d s Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Pro osal Solicitation Todd Hawkins Mr. Hawkins Projects Kay ADen Ms. Allen's Projects J.T. Meier Mr. Meier's Projects Patrick Gilliam Mr. Gilliam's Projects Raymond Vaughn Mr. Vaughn's Pro. ects Scott Adams Mr. Adams' Pro' ects Dir of Operations 14 Dir of Operations 2005 - present Dir of Conversion Svcs 2003 - 2005 Sr, Project Manager 1999 - 2003 Project Manager 1997 - 1999 Map Technician 1991 -1997 Reports directly to the COO and is responsible to oversee all projects currently in process at Smart Data Strategies, Mr, Hawkins has been directly involved in all conversion projects at Smart Data Strategies since 2003 as Director of Conversion Services and Director of Operations, Prior to that Mr, Hawkins acted as project manager for numerous ro'ects, Sr, Editor Cullman County, AL Shelby County, AL Limestone County, AL Escambia County, AL Marshall County, AL Montgomery County, AL Talladega County, AL Lee County, AL St. Lucie County, FL Ci of Ham ton, V A QAlQC Franklin County, AL Lauderdale County, MS Pottawattmie County, IA Washin on Coun ,MI Map Technician Lauderdale County AL Etowah County AL Russell County AL Coffee County AL Lamar County AL St. Clair County AL Dir of Technology Services Sr. Editor 2003 - present Editor 1997 - 2003 Beaufort County, SC Lexington County, SC Shawano County, WI Florida Power and Light Metro St. Louis Sewer District Sullivan County, TN Hamilton County, TN Andalusia County, AL Saginaw County, MI Ottawa Coun ,MI 6 QC/QA Lead 2003 - present Map Technician 1999 - 2003 Responsible for managing the map editing relating to annotation definition Colbert County, AL Forsyth County, GA Clarke County, AL City of Amherst, MA Lauderdale County, MS Cook County, IL St. James Parish, LA Fulton County, GA Saginaw County, MI Responsible for ensuring proper setup ofQAlQC processes in place for County project. Cook County, IL Lower Merion Township, PA Macomb County, MI State of Tennessee Basema Pro'ect Responsible for map editing Lawrence County TN City of Frederick MD Baltimore County MD Dekalb County TN Anna Arundel County MD Responsible for all client support issues and training conducted, Manages technical support help desk staff, Mr, Vaughn oversees all software installations and technical support for all Smart Data Strategies clients, Product Manager Morgan County, AL Talladega County, AL Clarke County, AL Fairfield Coun , SC Map Technician 2001 - Present Gwinnett County GA City of Jonesboro GA Campbell County TN Robertson County TN Carroll County TN Frederick County MD 16 Dir of Technology Svcs 2005 - present Dir of Software Development - 1989 - 2004 Oversees product design and development. Provides second tier software support Mr. Adams oversees all product design and installations of Analyst as well as provides secondary support, 13 DREAMaps Analyst Product Manager Support Technician 357 Riverside Drive, Suite 100 V Franklin, TN 37064 V T: 615-794-5280, F: 615-794-5310 www,sds-inc,com / www,emaDsDlus,com - 21 - Brian Conley Mr. Conley's Pro' ects Rob Marlow s d s Web Developer Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Pro osal Solicitation Mr, Conley is responsible for all web portal implementations as well as provides second tier support Training Director Responsible for all educational services for both clients and internal em 10 ees 357 Riverside Drive, Suite 100 'i7 Franklin, TN 37064 V T: 615-794-5280 ' F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 22- Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation s d s Monica Dennis, Senior Project Manager Experience: 16 years With Smart Data Strategies Since 1996 Ms. Dennis is a Project Management Professional with sixteen years experience in the Cadastral Mapping and the GIS field. Her duties and responsibilities include day-to-day project supervision and control. She is responsible for project management related aspects of conversion projects, including data-related issues (source document collection and evaluation), resolution of data problems, quality assurance, quality control, personnel scheduling, client interaction, staff assistance, and process evaluation. Prior to joining Smart Data Strategies, Ms, Dennis was employed by the DeKalb County, Alabama Tax Assessors Office for 8 years. While at the County, Ms. Dennis was responsible for assessment mapping. This experience enabled her to work closely with the appraisal and assessment staff, giving her a thorough understanding of the appraisal and assessment processes. In her last year of employment with the County, Ms. Dennis was the GIS Coordinator for the implementation of DeKalb County's GIS Project. Associates in Science Degree (Business Administration), Northeast State Community College Alabama IIN Alabama Appraisal Manual Alabama III/ Basic Mapping Alabama VII/ Intermediate Mapping Alabama VIII/ Advanced Mapping Alabama XII/ Applied Inking IAAO VI/ Fundamentals of Cadastral Mapping Introduction to ArcView IAAO Ethics IAAO Property Assessment Valuation General Management Certified Program Education Professional Affiliations Certifications Member, International Association of Assessing Officials IAAO Certified Mapping Specialist AAAO Certified Mapping Specialist AAAO CMS Designation 357 Riverside Drive, Suite 100 yo Franklin, TN 37064 yo T: 615-794-5280, F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 23- Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation s d s Kay Allen, Editing Supervisor Experience: 17 years With Smart Data Strategies Since 1993 Ms Allen supervises an experienced editing staff responsible for editing all digitally produced Cadastral Maps. Her duties include working with written procedures and following project specifications. The strict Quality Control guidelines she has implemented, along with her knowledge of each project, ensure that the Client receives a clean, quality product within project delivery schedules. Ms Allen is also responsible for the original setup and modifications of all edit procedures. Education Attended David Lipscomb College, Nashville, Tennessee IMO Mapping 101 Smart Data Strategies Project Experiences Computer Skills Cullman County, AL Shelby County, AL Limestone County, AL Escambia County, AL Marshall County, AL Montgomery County, AL Talladega County, AL Lee County, AL S1. Lucie County, FL City of Hampton, VA Beaufort County, SC Lexington County, SC Shawano County, WI Florida Power and Light Metro S1. Louis Sewer District Sullivan County, TN Hamilton County, TN Hamilton County Basemaps Andalusia County, AL Saginaw County, MI Ottawa County, MI Colbert County, AL Forsyth County, GA Clarke County, AL City of Amherst, MA Lauderdale County, MS Cook County, IL S1. James Parish, LA Fulton County, GA Saginaw County, MI MicroStation Arclnfo Microsoft Excel Microsoft Word VS Export Parcel Doc 357 Riverside Drive, Suite 100 'V Franklin, TN 37064 v T: 615-794-5280. F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 24- s d s Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation Todd Hawkins, Director of Conversion Services Experience: 14 Years With Smart Data Strategies Since 1991 Mr. Hawkins is responsible for the Customer Support, Training, and Implementation staff, His responsibilities include project scheduling, training, project implementation, and day to day management. He has demonstrated the capability to achieve business goals through innovative production techniques. Professional accomplishments include the writing of a digital mapping training manual that is currently in use in fifteen counties in the State of Alabama. Mr. Hawkins routinely writes procedures manuals, procedural guidelines, and sets project requirements. Project management responsibilities include the development of customized menus and determination of digital specifications for GIS database conversion. Mr. Hawkins established computerized reporting for production purposes, production tracking activities and time frames for specific production tasks. These reporting routines have been instrumental in determining critical tasks and have helped pinpoint specific production problems. He has proven computer skills including the proficient use of ESRI's ArcGIS Product Line, lntergraph's MicroStation, MGE, AutoCAO, Synercom, and InfoCad with operating system knowledge that includes DOS, NT, and UNIX. Education Belmont College; Nashville, Tennessee IMO Course 600 - Principles and Techniques of Cadastral Mapping Professional Affi I iations Alabama Mappers Association 357 Riverside Drive. Suite 100 v Franklin. TN 37064 V T: 615-794-5280, F: 615-794-5310 www,sds-inc,com I www,emapsplus,com - 25- Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation s J s J. T. Meier, Quality Control I Map Technician Experience 6 years With Smart Data Strategies since 1999 Mr. Meier is a member of the Smart Data Strategies Quality Control team. His work includes editing maps, translating the information into Arclnfo, writing macros, and various related mapping tasks. He is also responsible for linking graphic data to various non-graphic databases. Education Project Experience Computer Skills Prior, he worked as a Digitizer/Mapper, working on various digitizing, best fit and COGO jobs. Prior, he worked for the City of Chattanooga and the U.S. Census Bureau gathering census information at each. East Tennessee State University: BS degree in Geography with emphasis in urban and regional planning. 1998 Mapping: Morgan County, AL Franklin County, AL Talladega County, AL Lauderdale County, MS Clarke County, AL Pottawattmie County, IA Fairfield County, SC Washington County, MI Cook County, IL Processing: Lower Merion, PA Pottawattmie County, IA Macomb, MI MicroStation95, MicroStation SE, MicroStation J, Atlas GIS, IDRISI and ArcTools, ArcMap, ArcCatalog 357 Riverside Drive, Suite 100 ,\7 Franklin, TN 37064 V T: 615-794-5280, F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 26- Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation Raymond Vaughn, VP Software Development Experience: 17 years With Smart Data Strategies Since 1993 Mr. Vaughn has seventeen years experience in GIS specific programming and has developed an excellent reputation as a creative, innovative program analyst with special emphasis on parcel mapping and assessment database development. As the lead product developer of the Smart Data Strategies DREAMaps suite of Real Property Intelligence tools, Mr, Vaughn has seen the fruits of his labors. DREAMaps is now widely used throughout the geospatial community. s d s He has an in-depth programming knowledge of ESRl's ArcGIS product line, including ArcView, Arclnfo, and ArcSDE, as well as Intergraph's MicroStation products (MGE, MGA, GeoBase, and Atlas GIS), AutoCAD, dBase III and IV, Oracle, SQL Server, Sybase, Informix, and Ingress. Mr. Vaughn is also proficient at programming in languages such as C, Basic, Visual Basic, dBase IV, Clipper, MOL, and UCM scripting. As the project director of the Smart Data Strategies/lntergraph co- development effort of GeoSolutions Parcel, Mr. Vaughn was responsible for project scheduling, planning and analysis of existing software programs, development objectives and responsibility of "easy to use" graphic interface for complicated programming activities such as LineCleaner, polygon creation, parcel number builder, database linkage, and COGO routines for parcel maintenance. Bachelor of Science, Middle Tennessee State University Major: Computer Science Minors: Math, Remote Sensing Education Professional Affiliations Certifications Intergraph Users Group Tennessee Association of Assessing Officials MicroStation Certification Intergraph Registered Consultant Jefferson County, KY (LOJIC) Software Installation Project Manager Recent Projects 357 Riverside Drive, Suite 100 <;;' Franklin, TN 37064 'V T: 615-794-5280. F: 615-794-5310 www,sds-inc,com I www,emapsplus,com - 27- Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation s d s Scott Adams, Developer/DBA Experience: 10 years With Smart Data Strategies Since 1993 Mr. Adams has been with Smart Data Strategies since 1993. During his tenure, Mr. Adams has been instrumental in the development and implementation of the DREAMaps suite and, more specifically, the Analyst product. Mr. Adams additional responsibilities at Smart Data Strategies include the following: Education Smart Data Strategies Project Experience Computer Skills . Parcel Analyst, Parcel Doc & Parcel Records setup and installation/training. . Contacting Clients and 3rd party CAMA vendors. . Heavy database duties including Oracle, Access, Foxpro, Informix, SQL Server, Etc. . The creation and maintenance of databases which work with Smart Data Strategies DREAMaps software. . Customer support including client trouble logs and problem solving. Mapping Course: IAAO Course 600 SQL Server: Implementation & Administration Oracle: SQL & PLlSQL Parcel Analyst: Nearly all Smart Data Strategies clients Parcel Doc: Lawrence, AL Parcel Records: Russell, AL MicroStation from 3.0 to present Industry-standard ODBC compliant databases All Smart Data Strategies DREAMaps components Arc View, Arclnfo and ArcMap Creating batch/scripting processes 357 Riverside Drive, Suite 100 y' Franklin, TN 37064 V' T: 615-794-5280, F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 28- Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation s J s Brian Conley, Programmer Experience: 7 years With Smart Data Strategies Since 1998 Mr. Conley has been with Smart Data Strategies since 1998. During his time at Smart Data Strategies, Mr. Conley developed the GIS data distribution portal called eMapsPlus. He currently manages all accounts on eMapsPlus, including registration, subscriptions, e-commerce, maintenance, and troubleshooting. Mr. Conley also provides training on eMapsPlus. Education Associate of Applied Science - Computer Information Systems, Volunteer State Community College, Gallatin, Tennessee Computer Experience Smart Data Strategies Project Development Visual Basic 6.0, Visual C++, Visual J++, Novell, DOS, Oracle, Microsoft VisuallnterDev 6.0, HTML, ASP, SQL Tuscaloosa County, Alabama - Worked on the Parcel Explorer web page to develop the functionally that they wanted. Hamilton County, Tennessee - Finished developing the Address and Parcel Tracking System (APTS) and developed the Inventory Management System. Gave training on the applications when delivered to Hamilton County. Maury County, Tennessee - Maintain and Update their eMaps Plus web page. Montgomery County, Alabama - Maintain and Update their eMaps Plus web page. 357 Riverside Drive, Suite 100 v Franklin, TN 37064 v T: 615-794-5280, F: 615-794-5310 www,sds-inc,com I www,emaDsDlus,com - 29- s d s Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation SCOPE OF WORK Phase 1: Geodatabase Design and Implementation Plan After much study of the tasks associated with the adoption of geodatabase technologies, Smart Data Strategies has determined that the best way to support Boynton Beach's effort is to prepare a Geodatabase Design and Implementation Plan. This plan is integral to any geodatabase project's success. The more robust the data model that underlies the geodatabase, the more functionality your GIS can provide. However, revising the structure of an existing geodatabase that has been implemented within a functioning GIS at a client site is an effort that is not to be taken lightly. In order to ensure a geodatabase design that accommodates the needs of all departmental or organizational stakeholders, and in order to control costs which will inevitably arise from a hasty design of geodatabase technologies, Smart Data Strategies strongly recommends a formal process by which the needs are identified to ensure the geodatabase has the capacity to support the planning goals as outlined in the comprehensive plan. The report will serve to guide the development of the geodatabase requirements analysis and design. A Geodatabase Design and Implementation Plan is a formal statement of the organizational opportunities for the Boynton Beach's CRA's proposed geodatabase to efficiently coordinate the collection, storage, access, use, maintenance, analysis, reporting, and distribution of a variety of different types of including Demographics, Road Centerlines, Parcels, Easements/Setbacks, Structures, Ownerships and Zoning. Such a report will help the Boynton Beach's CRA and Smart Data Strategies to develop a sound geodatabase design plan that will prevent "scope creep" and the associated back-end costs. Smart Data Strategies's Geodatabase Design and Implementation Plan will include the following minimum items: . Evaluation/analysis of existing data sources and formats . Points, lines, polygons. . Cartographic display goals. . Non-graphic databases or other data sources. . Matrix of required source data (Paper maps. CAD Files) . Metadata. . Careful assessment of intended uses of data stored in geodatabase: . What are the editing needs? Multiple-user edits, or single-user edits only? . What are the annotation and labeling requirements? . Labels typically display faster, while feature-linked annotation can be more flexible; however, feature-linked annotation costs more to create, takes longer to display, and requires higher overhead. . The City may benefit from implementing annotation at multiple scales. . Sharing data with other departments? Which departments? What are their needs? Will other departments need to edit map layers, too, or only query/view/analyze? Will the planned level of distribution require ArcIMS? · What other datasets are going to be derived from the parcel data or land use data? Which layers will those processes require? 357 Riverside Drive, Suite 100 'V Franklin, TN 37064 'V T: 615-794-5280 ' F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 30- . Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation What database information will be linked to the mapped items, and which fields will provide the linkage? Who maintains the associated databases? Which database tables are required to be a derived dataset? What are the reporting requirements, including those for Divergence and Reconciliation reports? Will the GIS be used to replicate existing forms or reports? Which database fields will be required to support such activities? Will the geodatabase be required to support the execution of some mapping or data manipulation activities automatically? s d s . . Throughout the Geodatabase Design and Implementation Plan process, Smart Data Strategies staff will perform the following tasks: . Interview key staff and stakeholders for functional needs at the departmental andlor enterprise level. . Collect and review all reports to be replicated in order to identify needed fields. . Assess available data sources and maps compared to geodatabase requirements. . Boynton Beach CRA will provide inventory and Smart Data Strategies will assess IT resources such as servers and workstations. . Prepare a formal report (the only deliverable for this phase) delineating the organization's stated goals for the geodatabase, a preliminary description of the target system's expected functions, the resources available to support such a system, and the list of required items and data. The Boynton Beach CRA is encouraged to select a project manager to serve as the primary point of contact. A member of Smart Data Strategies's staff will be assigned to work with the City's project manager to determine and identify the set of key stakeholders who will manage and interact with the County's proposed geodatabase. Once those key players have been identified, the Smart Data Strategies project manager will deliver a questionnaire in advance for City staff to use in preparation for interactive interviews. Smart Data Strategies proposes to deliver a single Geodatabase Design and Implementation Plan workshop in Boynton Beach. This workshop will include logical groupings of a cross-section of staff that will work with the Boynton Beach Community Redevelopment Agency's GIS data or use the products and reports thereof. Phase 2.0: Geodatabase Schema Once the Boynton Beach CRA has reviewed the Geodatabase Design and Implementation Plan, Smart Data Strategies will work with the Boynton Beach project manager to perform the following tasks: . Document the scope and specific goals of the City of Boynton Beach's desired geodatabase design project in a manner that will later allow clear verification of a complete and successful project. (deliverable) . Use information from the Geodatabase Design and Implementation Plan to ensure the data's ability to meet stated GIS goals. Employ domains, ranges, feature datasets, and 357 Riverside Drive, Suite 100 V' Franklin, TN 37064 V' T: 615-794-5280 ' F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 31 - Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation composite relationships that can allow user edits to one feature class to trigger automatic activities in another. Provide a report that details Boynton Beach's geodatabase design, data dictionary, UML model and appropriate graphics. (deliverable) s J s . Assuming reasonable access to prepare and knowledgeable Boynton Beach staff throughout the project, Smart Data Strategies proposes to perform this enterprise geodatabase migration matrix and to produce the related plan (deliverable) for a not-to-exceed price of $9,600, which is based on an hourly rate of $125.00 for an estimated duration of 120 hours, and also includes travel costs for a Smart Data Strategies staff to the eRA offices for a 2-day workshop. Assuming a thorough Geodatabase Design and Implementation Plan performed by Smart Data Strategies, access to all required data, reports, and a clear understanding of the organizational needs and goals, Smart Data Strategies proposes to perform this enterprise Geodatabase Design Schema (including all items marked as deliverable in this section) for a not-to-exceed price of $5, 000, for an estimated duration of 80 hours of actual work. NOTES · Smart Data Strategies cannot provide firm scheduling information until the contracting phase, but the company usually expects to begin projects of this nature within 1-3 weeks of official Notice to Proceed. Generally speaking, Smart Data Strategies expects to complete the CRA's Geodatabase Design and Implementation in approximately 3 full business weeks, and to complete the CRA's Design Schema within approximately 5 full business weeks. · All pricing herein is based on the expectation of a single trip for a Smart Data Strategies staff to Boynton Beach for the two-day Geodatabase Design and Implementation workshop. Beyond this on-site meeting, Smart Data Strategies expects cooperation from CRA with respect to the timely involvement of relevant CRA staff via email, telephone, or web-based conferencing. 357 Riverside Drive, Suite 100 'V Franklin, TN 37064 'V T: 615-794-5280, F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 32- s d s Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation CONTRACT AGREEMENT CONTRACT Name and Address of Smart Data Strategies, Inc. Smart Data Strategies, Inc. 357 Riverside Drive Suite 100 Franklin, Tennessee 37064 Name and Address of City Sample City State Commission 123 Main Street Sample, State 12345 Project Description The purpose of this project is to provide Sample City (hereinafter "City") with Geographic Information System (GIS) software and/or services. It is understood that this Contract is exclusively between City and Smart Data Strategies, Inc. (hereinafter "Smart Data Strategies"). This Contract (hereinafter "Contract") is entered into this _ day of , 2006 between City and Smart Data Strategies for Work on the Project (identified above and hereinafter as "Work" or "the Scope of Work"). Based upon the City project specifications and Smart Data Strategies' Technical Proposal, Cost Proposal and Equipment Specifications Document, it is the intention of both parties that all of these documents are attached hereto as Exhibits and are incorporated by reference into this Contractual Agreement as if fully set forth herein. The purpose of this project is to provide the City with a seamless parcel level 357 Riverside Drive, Suite 100 v Franklin, TN 37064 v T: 615-794-5280 ' F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 33- Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation Geographic Information System that includes the conversion of the existing assessment parcel maps, map maintenance software, training, setup and installation. s J s The covenants agreed to are set forth below: 1 The Scope of Work See Exhibit itA", Scope of Work for detail. A. Kickoff & Pilot Smart Data Strategies will begin the project with an onsite kickoff meeting to review and further define project specifications, refine the project schedule, negotiate the details of the contract and to establish the pilot project area (if that Graphic and non- graphic databases will be in full compliance with the City and State Specifications for computer-assisted mapping, any project specifications dated 2006, and the attached exhibit. Delivery schedule will be negotiated between the City and Smart Data Strategies. c. Installation and GIS Implementation Smart Data Strategies software purchased under this contract will be installed and connected using a live database link if possible. All Smart Data Strategies products are ODBC compliant. Data linkage functionality is dependant on the functionality of the related system. The latest version of software available at the time of installation will be delivered. All required software will include an annual maintenance free during the first year. Software Installation will be accomplished via WebEx technology. WebEx requires a high speed internet connection such as DSL, cable or T1. Onsite installation is offered as an option. See Exhibit "C" for more details. D. Formal Training Appropriate task training of City personnel will be completed in conjunction with the delivery of digital data as set out in the delivery schedule agreed upon between Smart Data Strategies and City. Formal system training for City employees will be conducted within 12 months at a time mutually agreed upon by the City and Smart Data Strategies in Franklin Tennessee, an ESRI training facility. Smart Data Strategies also offers optional onsite training for an additional expense. Training of any additional personnel, if required, will be negotiated as necessary. 2 Agreement Sum 357 Riverside Drive, Suite 100 v' Franklin, TN 37064 'V T: 615-794-5280 . F: 615-794-5310 www,sds-inc,com I www,emaDsDlus,com - 34- Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation In consideration for complete performance of this Contract, the City shall pay Smart Data Strategies the total sum of dollars and cents ($XXX,XXXJOC) for the products and services described in Exhibit "B", Sample City Price Proposals. s d s 2.1 3 Payments 3.1 Smart Data Strategies will bill City on a monthly, pro rata basis for the percentage of the Work completed during the previous month. 3.2 Payments for this Contract shall be made with city funds and submitted to: Smart Data Strategies, Inc. Attn: Steve Byington 357 Riverside Drive, Suite 100 Franklin, Tennessee 37064 3.3 Delinquent payments shall bear interest at the maximum legal rate starting thirty (30) days after the due date of said payment. 4 Changes in the Work 4.1 Any changes in the Work, as described in Article 1, must be authorized by a written Change Order on a form provided by Smart Data Strategies and signed by City and Smart Data Strategies. The written Change Order shall become part of the Work and any adjustment to the Contract Sum shall be according to the prices stated in Article 2. 4.2 If no unit price is stated for work covered in the Change Order, the Contract Sum shall be adjusted as determined by mutual agreement between the City and Smart Data Strategies. Smart Data Strategies shall not be required to commence changes in the Work until a Change Order is issued. 5 Title to Work 5.1 All final maps prepared by Smart Data Strategies and all digital data prepared for City to be used with commercially available software, shall be considered works made for hire and shall be the exclusive property of City. 5.2 Any computer software, software codes, customized programs or other intellectual property created by Smart Data Strategies in order to perform the Work and to create the Works made for hire set forth herein shall be the exclusive property of Smart Data Strategies ("Smart Data Strategies' property"). 5.3 If City requests that Smart Data Strategies provide it with some or all of Smart Data Strategies' property, Smart Data Strategies shall provide Smart Data Strategies' property to City under a non-exclusive license agreement under such terms and conditions as may be set forth herein or may be later agreed to by the parties. 357 Riverside Drive, Suite 100 \7 Franklin, TN 37064 \7 T: 615-794-5280, F: 615-794-5310 www,sds-inc,com I www,emapsplus,com - 35- Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation City agrees to keep Smart Data Strategies' property for its own use and to not provide the property or access to the property to any third party. s d s 5.4 6 Licenses, Permits, & Certificates 6.1 All licenses, permits, and certificates required for and in connection with any and all parts of the Work to be performed under the provisions of this Contract shall be secured by Smart Data Strategies at its own expense. 7 Termination of the Agreement 7.1 City shall have the right to terminate this Contract for cause if it gives fifteen (15) days written notice of Smart Data Strategies' material breach of this Contract and Smart Data Strategies fails to substantially remedy the breach in an additional fifteen (15) days. In the event of such termination, City shall pay Smart Data Strategies for all Work executed to the date of termination less the reasonable costs of completing Smart Data Strategies' work. 7.2 Smart Data Strategies may terminate this Contract if City fails to make the progress payments as provided for herein and Smart Data Strategies gives City fifteen (15) days written notice of Smart Data Strategies' intention to terminate this Contract. 8 City's Responsibilities 8.1 Information or services under City's control shall be furnished by City with reasonable promptness to avoid delay in the orderly progress of the Work. 8.2 Smart Data Strategies shall not be liable to City for damages to software resulting from negligence, misuse, abuse, theft, or any other cause beyond Smart Data Strategies' control. 9 Delays 9.1 Smart Data Strategies shall not be liable for delays in completion caused by additions to the Work, labor disputes, fire, unusual delay in deliveries, unanticipated weather conditions, or other causes beyond Smart Data Strategies' control. 10 Warranty 10.1 Smart Data Strategies warrants all products and services for one year from the acceptance date of defect in workmanship resulting from Smart Data Strategies personnel omissions or errors. 11 Confidentiality 11.1 All software source codes, reports, data, and other information made available to Smart Data Strategies or prepared by Smart Data Strategies 357 Riverside Drive, Suite 100 \7 Franklin, TN 37064 \7 T: 615-794-5280. F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 36- Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation under this Contract shall not be used for any purposes other than the execution of the Work described in Article 1. The City understands that the Work is being provided by Smart Data Strategies solely for the City's benefit and use. s d s 12 Miscellaneous Provisions 12.1 Final maps provided to City are prepared for the inventory of real property found within City's jurisdiction and are compiled from real property records and other public records. Smart Data Strategies has made no search of non- public records and the final maps do not reflect any information received from non-public sources. Smart Data Strategies assumes no legal responsibility to any third party for the information contained on the maps. 12.2 City and Smart Data Strategies respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and the other party's partners, successors, assigns, and legal representatives with respect to covenants, agreements, and obligations contained in this Contract. Neither party to the Contract shall assign the Contract as a whole without the written consent of the other. If either party attempts to make such an assignment without such consent, the party shall nevertheless remain legally responsible for all obligations under this Contract. 12.3 Should any provision of this Contract be unenforceable, the remaining provisions shall remain valid and enforceable. 12.4 This Contract shall be governed by and interpreted in accordance with the laws of the State of Tennessee. Smart Data Strategies, Inc. By: Smart Data Strategies, Inc. Date City By: Sample City Date 357 Riverside Drive, Suite 100 'V Franklin, TN 37064 'V T: 615-794-5280, F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 37- s d s Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation EXHIBIT A - SCOPE OF WORK The contents of this will comprise the Scope of Work from the Technical Proposal. 357 Riverside Drive, Suite 100 \7 Franklin, TN 37064 \7 T: 615-794-5280 ' F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 38- s d s Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation EXHIBIT B - PRICING Doc $ $ $ Records $ $ $ $ eMapsPlus $ $ $ Analyst $ $ $ Mapper Desktop $ $ $ Thematic Mapping Converter $ $ $ SQl Server $ $ $ Map Book Generator $ $ $ ArcEditor - Purchased from ESRI $ $ $ Doc $ $ Records $ $ eMapsPlus $ $ $ Analyst $ $ Mapper Desktop $ $ Doc Records Analyst at Smart Data Strategies Mapper Desktop at Smart Data Strate ies $ $ $ $ $ $ $ $ Smart Data Strategies Total: $ ESRI Total: $ GRAND TOTAL: $ 357 Riverside Drive, Suite 100 V' Franklin, TN 37064 V'T: 615-794-5280, F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 39- s J s Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation EXHIBIT C - SOFTWARE & TRAINING SPECIFICATIONS SOFTWARE ANALYSpM allows you instant access to all the information collected in the various stages of the property life cycle. This powerful analytical tool allows the user to locate and identify property data quickly, view related documents, gather useful statistics, and perform spatial calculations on all types of data. ANAL YSTTM provides an intuitive interface, letting users perform complex analysis tasks with minimal training. Software has the following hardware requirements: . IBMTM PC or 100% compatible system with a 300 MHz Pentium 2 (or equivalent) processor, or better . Hard disk with at least 80 Mb free space . 512 Color Display Adapter with a resolution of 1024x768 . 32 Mb graphics card recommended . 512 Mb RAM recommended minimum (with images) 1 GB RAM recommended (with images) . 3-button mouse . Microsoft@ Windows XP OR Microsoft@ Windows 2000 . ODBC must be installed (regardless of platform), and you will need the ODBC driver for your RDBMS connection . Thematic Mapping Converter MAPPEJIfM integrates the maintenance workflow into a seamless business process. With automated PIN (Property Identification Number) generation into existing land records databases, the integrity of the GIS data is secure. As an ESRI ArcMap extension, MAPPERTM is the spatial integration solution of choice among CAMA providers and other land records database applications. Quotation meets Mapper specifications as follows: . Intel Xeon 3,2 GHz proce~sor . 1 GB DDR II SDRAM . 80 GB hard drive . D-RW / DVD-ROM combo . Fast Gigabit Ethernet . Microsoft Windows XP Professional . Qty 2 - 21" ViewSonic High Resolution - flat panel display monitors . Sequel Server . Map Book Generator 357 Riverside Drive, Suite 100 v Franklin, TN 37064 v T: 615-794-5280 ' F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 40- Comprehensive Proposal for City of Boynton Beach, Florida Community Redevelopment Agency Geodatabase Qualifications and Proposal Solicitation eMapsPlus™ is the most advanced web service application for accessing GIS data in full deployment today. This powerful tool is perfect for the specific needs of the casual user as well as the wider, on-going commercial requirements of property related businesses. eMapsPlus ™ allows immediate access to the advanced information and resources of Smart Data Strategies, an industry leader in land records management. Data owners get wider use of their data. Through the use of a robust administrative management, the Sample City can oversee the activities of the data distribution process. s d s . 300 MHz Pentium II processor or better . 128 Mb RAM minimum . 3-button mouse . Internet Software: . Microsoft Windows 2000 or Higher . Internet Explorer 6.0 or better TRAINING Training is offered as part of this proposal due to the importance of having a well-trained staff to insure that the system can be updated and maintained on a regular basis. Smart Data Strategies maintains a full-time training facility at the Corporate Headquarters in Franklin, Tennessee. This training site provides the student with an excellent learning environment and insures that their training experience is productive and meaningful. Smart Data Strategies has certified ESRI instructors as well as expert instructors for the DREAMapsTM suite of applications. 357 Riverside Drive, Suite 100 V Franklin, TN 37064 V T: 615-794-5280, F: 615-794-5310 www,sds-inc,com I www,emaosolus,com - 41 - The City of Boynton Beach 0'"' (~r . .\ '......;~}: ,/ ~ u City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@cLboynton-beach.f1.us www.boynton-beach.org MEMORANDUM TO: Lisa Bright CRA Director FROM: Janet M. Prainito City Clerk t/; Wilfred Hawkins 144.' Assistant City Manag r THRU: DATE: September 18, 2006 SUBJECT: CRA Meeting - September 12, 2006 - Approval of Meeting Minutes At the CRA Meeting on September 12, 2006, the members made corrections to the August 8, 2006 meeting minutes. I would like to offer clarification regarding some of the remarks that were made about the minutes. · Ms. Heavilin expressed concern that there was a lag in time for the members receiving the minutes. She claimed they received the June meeting minutes at the September meeting. We researched this statement and I am a bit confused. We track when the minutes are copied and distributed. I have attached a copy of the distribution card for your review. There were three meetings in June; one on June 13th and two on June 22nd. . The June 13th minutes were copied and mailed out on June 21st. · The June 22nd meeting minutes were copied and mailed out on July 10th. · The second set of meeting minutes from June 22nd were completed and mailed out on July 1ih. Since we directly mail the members copies of these minutes from our office, I am at a loss to understand why the members had not seen their June meeting minutes until September. I have included a board list and would appreciate it if you would distribute it at your next meeting so that the members can verify their addresses to ensure that we have the proper information. I also included a copy of an e-mail from Catherine Cherry-Guberman to Phyllis Zitcer dated July 14, 2006 transmitting the minutes of two of the meetings that were conducted on June 22, 2006. America's Gateway to the Gulfstream Additionally, on August 4, 2006, Catherine sent you an e-mail advising that she had received the CRA agenda for the August meeting and noticed that the two June meeting minutes had not been included for approval. (I have attached a copy of that e-mail.) The City Clerk's Office has established priorities for the transcription and distribution of meeting minutes. Our priorities are as follows: City Commission, Community Redevelopment Agency, Planning & Development Board, Code Compliance Board, and all other advisory boards. The Recording Secretaries put all other work aside to focus on completing the minutes in the order stated. Transcription begins immediately on the morning following the meeting and the Recording Secretaries continue on that job until it is completed. The main reason why the CRA minutes and Planning & Development Board meeting minutes are top priorities is that excerpts must be provided to the Commission in their agenda packets. Further, the City Clerk's Office does not transcribe verbatim meeting minutes. Although the Recording Secretaries work diligently to provide a record that is accurate, there are times when the discussion becomes extremely confusing. The board members are knowledgeable of projects being discussed and, at times, important details are left out of the discussion. The Recording Secretaries do not have that advantage, nor are they permitted to assume anything that is not stated during the proceedings. In those instances, the proceedings could be transcribed inaccurately. If the members need to clarify or correct the minutes, we are more than happy to accommodate them. We are not offended by corrections. Our goal is to provide an accurate record. I hope this memorandum clarifies some of the issues that were discussed at the meeting with respect to minutes. If I can offer any additional information, please call me. Thank you. ~ 1n.~ Copy to: Wilfred Hawkins, CRA Board Members, Central File S:\CC\WP\Memos\Departmental Transmittals\2006\Lisa Bright - Meeting Minutes - 09-15-06.doc America's Gateway to the Gulfstream ~, ~) ~ <:::;::C::::::<::;::. r~33 t:1 S tD ""0 f/) t"\ ..... >-t - ,.... cr' g I' (1) 0.. . r \fl ~ t:A -~-~. o :s: I - III CD ~ ~ ~ rtCD CD rt --- .... -r-.- \j - ::s r> \) \Q ~ ~ ~ .J1 K '\Fl 00 - - Ir- I--- III .... V, -l -- ~ rt[fl 0- \:}'- CD rt Ii () ~- . () "'- If ~ ~~ S: Y '<::s 0 <- .... ~ z ~[fl .$ '<rt ;; ( Ii .... t:r = rt CD 0.. _/f' // /'~"" .r /., \""", t / Cherry-Guberman, Catherine From: Sent: To: Subject: Cherry-Guberman, Catherine Friday, July 14, 2006 10:11 AM Zitcer, Phyllis CRA Minutes Greetings Phyllis! Here are the minutes you requested in electronic form, Hard copies already sent Best, Catherine Recording Secretary ~ 062206 Special Meeting MLK RFP... ~ U 062206 Savage Creatures Worksh... 1 Cherry-Guberman, Catherine From: Sent: To: Cc: Subject: Cherry-Guberman, Catherine Monday, August 07,200610;52 AM Bright, Lisa Zitcer, Phyllis; Ford, Leah RE CRA Agenda '-J 062206 Savage Creatures Workshu, '-J 062206 Special Meeting MLK RFP... -----Original Message----- From: Bright, Lisa Sent: Monday, August 07, 2006 10:42 AM To: Cherry-Guberman, Catherine Cc: Zitcer, Phyllis; Ford, Leah Subject: RE: CRA Agenda Importance: High Catherine, Thanks for catching our error. Those minutes should have been on the 7/11 agenda. I have a copy of the MLK meeting for staff, BUT do not have the minutes from the Savage Creatures Workshop - would you please forward asap so that we can Revise the agenda and make copies? Lisa << File: 062206 Special Meeting MLK RFP.doc >> From: Cherry-Guberman, Catherine Sent: Friday, August 04, 20063:16 PM To: Bright, Lisa Subject: CRA Agenda Greetings Lisa! I have received the CRA Agenda package and thank you. I did notice, however, the minutes of the two meetings held on June 22, which were the Savage Creatures and the MLK RFP have not been put on the agenda for approval. Will the agenda be revised? If so, if the new agenda could be e-mailed I'd appreciate it very much Best, Catherine Cherry-Guberman Recording Secretary 1 7 Members - 4 Yr. Terms Ordinance No. 000-69 (Changed fn :ommission to independent board) COMMUNITY REDEVELOPMENT AGENCY - 2086 LAST NAME FIRST EXPIRES ADDRESS PROFESSIONAL NAME ASSOCIATION Chaney Rev. Lance 6/20/10 238 Birch Street Pastor St. John Missionary Baptist Appt'd Boynton Beach, FL Church 7/18/06 547-7787 Heavilin Jeanne 1/10/09 PO BOX 243693 (734 NE Salefish Realty 9TH AVE) 532 E Ocean Avenue Appt'd BOYNTON BEACH 33424 Boynton Beach, FL 33435 (561) 731-4474 (561) 738-6613 12/5/00 Cell: (561)901-8714 Fax (561) 738-7911 ReAp 1/4/05 jheavilin@msn.com Horenburger Marie 6/20/08 3020 PINE TREE LANE Business Consultant BOYNTON BEACH 33435 Fax (561) 733-0034 (561) 733-0041 nhorenburger@cs.com cell(561) 901-2583 Myott Steve 1/10/09 3012 FERNWOOD DR Vice President, Commercial Division BOYNTON BEACH FL Quincy Johnson Architects Appt'd 7/6/04 33436 949 Clint Moore Road (561) 736-3564 Boca Raton, FL 33487 ReAp 1/4/05 Cell (561) 436-5834 561-997-9339 X31 Norem Stormet 1/10/10 800 W. BOYNTON BEACH Licensed Funeral Director Vice Chair Appt'd 1/17/06 BLVD. Boynton Memorial Chapel BOYNTON BEACH 33426 800 W. Boynton Beach Blvd. (561) 734-5600 Boynton Beach, FL. 3021 South Seacrest Sims Guam 1/10/08 Blvd. Principal of Galaxy Elementary Appt'd 4-28-06 Boynton Beach, FL 33435 School (561) 734-7993 301 Galaxy Way Cell (561) 827-3051 Boynton Beach, FL 33435 561-369-7090 Tillman Henderson 1/10/09 54 BENlWATER ORCLE Spanish River High School Chair BOYNTON BEACH, FL 5100 Jog Road 33426 Boca Raton, FL 33496 (561) 965-6776 (561) 241-2200 Ext. 2540 U ated 07 1 pd I 9/06 S:\CC\WP\BOARDS\USTS\CRA Board.doc 6 From: APR-12-20eBClED) 09:2e '~A 8. ASSOCIATES JaIDII T. Bamtta Apr!l12.2006 Hca4fDOD 111l.man. Cbair Boy.a.tOn BCach CllA 63.9l!ut 00cm1 AvettUe Sm. 103 Bo)'Dfon Beach. PlOricla 33435 Dear c:ba:i:rmID Tmm-, P1ae accept fbis lett<< u my offer ofresiglWtion. cc: :u. BriIbt, CIA Bxccatlvo Director Ken Sp11Hu. ClA Attorney 209 'J-torth SIurIIi ~ 8DiIiI Oll8 3oymoA ~ ~'343$ Pho= (551) 7..0.004] 04/1 an' (F. V. ADMINISTRATIVE ITEM B. Cij~ q~. (7 ~i; ~ L-V'-r .' r/s-cJ~ , C;JO~ ,,,,,~...')S ~ r"\\.~ \" r\\'"j.' C' ., .?, i"'/ 0 "...'1. ()" '~"" ~\ .. "<:I,i; '1\'\' ~, RECEIVED r-----, L1 A.PPOR 1 3 2006 I I , .__. I CITY' ~.lll\',( rR'" or-Flf'E . ,Hi' n' "..,,, !i- "" .1. ~'rr ,I. ~ ~_ \ '+-..) ~" ~. v The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beachJ1.us www.boynton-beach.org July 20, 2006 Rev. Lance Chaney 238 Birch Street Boynton Beach, FL 33426 Dear Rev. Chaney: We are pleased to advise you that the City Commission appointed you on Tuesday, July 18,2006, to serve as a Regular Member of the Community Redevelopment Agency, with your term ending June 20,2010. This Board's regularly scheduled meetings are on the second Tuesday of each month at 6:30 p.m. in the Commission Chambers. The next scheduled meeting is August 8, 2006. Thank you for offering your services to the City of Boynton Beach as a member of our advisory board, To assist you as a new board member, enclosed is an information packet you may find useful. It contains: I, List of current board members; 2. Florida Statutes regarding Community Redevelopment Agency; 3. Minutes from the three previous board meetings; 4. Financial Disclosure Form # I, together with a "Guide to the Sunshine Amendment and Code of Ethics." In accordance with Florida Statute I 123 I 45, this form must be filed within 30 days of this notification, and returned to Dr. Arthur Anderson, Supervisor of Elections, Palm Beach County, 240 S. Military Trail, West Palm Beach, FL 334 15 Your attendance is important at all upcoming board meetings. However, if you are unable to attend a meeting, please call the City Clerk's Office at 742-6060 prior to the meeting. This will enable verification of a quorum to be determined. We want to thank you for your willingness and desire to serve the City in this appointed capacity, Sincerely, Jap Attachments XC: City Commission, Board Chairperson, City Representative, Board File, Appointment File S:\CC\WP\BOARDS\APPMENTS\New member letter-CRAdoc America's Gateway to the Gulfstream "" """"""""""". """"'" "" """""'" '" """'" """"'" "'" , , , , '7 Members - 4 Yr. Terms Ordinance No. 000-69 (Changed from Commission to independent board) I COMMUNITY REDEVELOPMENT AGENCY - 2006 I LAST NAME FIRST EXPIRES ADDRESS PROFESSIONAL NAME ASSOCIATION 3021 South Seacrest Sims Guam 1/10/08 Blvd. Principal of Galaxy Elementary Boynton Beach, FL 33435 School (561) 734-7993 301 Galaxy Way Cell (561) 827-3051 Boynton Beach, FL 33435 561- 369-7090 DeMarco Alexander 6/20/06 10817 QUAIL COVEY RD Arvida Realty BOYNTON BEACH 33436 901 N Congress Ave - Ste. B-102 (561) 732-6789 Boynton Beach, FL 33426 (561) 736-2400 Ext. 107 Fax (561) 736-1560 crista le@bellsouth.com Norem Stormet 1/10/10 800 W. BOYNTON BEACH Licensed Funeral Director Vice Chair BLVD. Boynton Memorial Chapel BOYNTON BEACH 33426 800 W. Boynton Beach Blvd. (561) 734-5600 Boynton Beach, FL. Heavilin Jeanne 1/10/09 PO BOX 243693 (734 NE Salefish Realty 9TH AVE) 532 E Ocean Avenue BOYNTON BEACH 33424 Boynton Beach, FL 33435 (561) 731-4474 (561) 738-6613 Cell: (561)901-8714 Fax (561) 738-7911 jheavilin@msn.com Horenburger Marie 6/20/08 3020 PINE TREE LANE Business Consultant BOYNTON BEACH 33435 Fax (561) 733-0034 (561) 733-0041 nhorenburger@cs.com cell(561) 901-2583 Myott Steve 1/10/09 3012 FERNWOOD DR Vice President, Commercial Division BOYNTON BEACH FL Quincy Johnson Architects 33436 949 Clint Moore Road (561) 736-3564 Boca Raton, FL 33487 Cell (561) 436-5834 561-997-9339 X31 Tillman Henderson 1/10/09 54 BENTWATER CIRCLE Spanish River High School Chair BOYNTON BEACH, FL 5100 Jog Road 33426 Boca Raton, FL 33496 (561) 965-6776 (561) 241-2200 Ext.2540 Revised 05 03 06 / / S:\CC\WP\BOARDS\USTS\CRA Board.doc The Citl} ol Bol}nton Beach City Clerk's OHice 100 E BOYNTON BEACH BLVD BOYNTON BEACH fl. 33435 (561)742-6060 FAX: (561)742-6090 e-mail: prainitoj@ci.boynton-beach.H.us www.boynton-beach.org May 3, 2006 Guam Sims 302 I South Seacrest Blvd. Boynton Beach, FL 33435 Dear Mr. Sims: We are pleased to advise you that the City Commission appointed you on Tuesday, May 2, 2006, to serve as a Regular Member of the Community Redevelopment Agency, with your term ending January 10, 2008. This Board's regularly scheduled meetings are on the second Tuesday of each month at 6:30 p.m. in the Commission Chambers. The next scheduled meeting is May 9, 2006. Thank you for offering your services to the City of Boynton Beach as a member of our advisory board. To assist you as a new board member, enclosed is an information packet you may find useful. It contains: 1. List of current board members; 2. Florida Statutes regarding Community Redevelopment Agency; 3. Minutes from the three previous board meetings; 4. Financial Disclosure Form # 1, together with a "Guide to the Sunshine Amendment and Code of Ethics." In accordance with Florida Statute 112.3145, this form must be filed within 30 days of this notification, and returned to Dr. Arthur Anderson, Supervisor of Elections, Palm Beach County, 240 S, Military Trail, West Palm Beach, FL 33415 Your attendance is important at all upcoming board meetings. However, if you are unable to attend a meeting, please call the City Clerk's Office at 742-6060 prior to the meeting. This will enable verification of a quorum to be determined. We want to thank you for your willingness and desire to serve the City in this appointed capacity. Sincerely, Jap Attachments XC: City Commission, Board Chairperson, City Representative, Board File, Appointment File S\CC\WP\BOARDS\APPMENTS\New member Ietter-CRAdoc America's Gateway to the Gulfstream The City of Boyn1:on Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.f1.us ~.boynton-beach.org April 21, 2006 Mr. James Barretta 74 Baytree Lane Boynton Beach, FL 33435 Dear Mr. Barretta: The City Commission wishes to thank you for your valuable contribution and your time and efforts during your tenure as a member of the Planning and Development Board. It is greatly appreciated and acknowledged. On behalf of myself, the City Commission, and the citizenry of Boynton Beach, we thank you for serving our City in this capacity. Sincerely, jap XC: City Commission Board Chairperson City Representative Thank you folder America's Gateway to the Gulfstream MAY-02-2006 10:12 ~DUCATIONAL TECH 561 434 8392 P.01 - .-. ,,,,\' ~ U:.!, ' . ,- INFORNlAnON TECHNOLOOY Information Pl'Ocesslng 3344 FOREST HILI. aoULWARD, 8-241 WDT "ALM BEACH, FL 3UfH1 un (581) 434--8152 FAX: (581)434-7-i03 Ii.: 1 Fax TO:J3.,a [Zry CL~RK F.x:56/-792-f5'()fcJ Phone: S-6/-7~2 -6000 from: UooPRo?J i ~ dtf 2. 5-2 --~b Pag-; o.te: Re: cc: ~rgent 0 For Review 0 Please CommBnt 0 Please Reply 0 Pleb.. Recycle MAY-02-2006 10:12 F" ICAT I ONAl TECH 561 434 8392 P.02 May 2, 2006 Boynton Beach City Clerk 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435.3899 561-742-6060 To Whom It May Concern: I wish to pull my name from being nominated for the CRA Board at this time. I will re-apply at a later date. ;;;~4b Woodrow L. ay 561..310-7095 (C) 561-434..8045 (W) TOTAL P. 02