Agenda 01-09-07
~qY~T8~
East Side-West Side-Seas'lde Renaissance
I'
If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he or she
will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
CRA Board Meeting
Tuesday, January 9,2007
City Commission Chambers
6:30 P.M.
I. Call to Order - Chairman Henderson Tillman
II. Pledge to the Flag and Invocation
.
III. Roll Call
IV. Agenda Approval
A. Additions, Deletions, Corrections to the Agenda.
B. Adoption of Agenda.
V. Public Comments: (Note: comments are limited to 3 minutes in duration.)
VI. Consent Agenda:
A. Approval of the Minutes - CRA Board Meeting - December 12, 2006.
B. Approval of the Financials - December 31,2006.
C. Resolution No. 06-03 - (Set limits for check endorsements.)
D. Purchase of a CRA Table - MLK Celebration.
E. Proposed 2007 Event Schedule.
F. Human Resources - ILA Approval.
G. Aleksander Group Consulting Agreement.
H. Update on Dive Shop Lease.
I. Progress Report on the HOB Work Program.
J. RFQ for General Contracting or Construction Management.
VII. Public Hearing: Old Business
None.
Public Hearing: New Business
None.
VIII. Old Business:
A. Approval of an Agreement with the BB Faith-Based CDC to Administer the
Residential Improvement Grant Program.
B. Approval - Administration Agreement with the BB Faith-Based CDC for the
Community Improvement Grant.
C. Approval of a Purchase and Development Agreement with Habitat for
Humanity Rothman Property in Cherry Hill.
D. MLK Corridor Development Agreement Update.
IX. New Business:
A. Consideration of a Purchase Agreement with Nathaniel Robinson for NE 4th
Avenue.
B. Consideration of expanding the CDC Town Home project located at NE 5th
Avenue.
C. Consideration of Residential Improvement Grant Request in the amount of
$14,318 for Erica Cohen-Hammond.
X. Comments by Staff
XI. Comments by Executive Director
XII. Comments by CRA Board Attorney
XIII. Comments by CRA Board
XIV. Adjournment
VI. CONSENT AGENDA:
A. APPROVAL OF THE MINUTES
CRA BOARD MEETING - DECEMBER 12, 2006.
MINUTES Of THE COMMUNITY REDEVELOPMENT AGENCY MEETING
HELD IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
ON TUESDAY, DECEMBER 12, 2006 AT 6:00 P.M. r
Present:
Henderson Tillman, Chair
Stormet Norem, Vice Chair
Rev. Lance Chaney
Jeanne Heavilin
Marie Horenburger
Steve Myott
Guam Sims
Usa Bright, CRA Executive Director
Ken Spillias, Board Attorney
I. Call to order
Chair Tillman called the meeting to order at 6:32 P.M.
II. Pledge to the Flag
The board recited the Pledge to the Flag. Rev. Chaney gave the invocation.
III. Roll Call
The Recording Secretary called the roll and determined a quorum was present.
IV. Agenda Approval
A. Additions, Deletions, Corrections to the Agenda
B. Adoption of Agenda
Chair Tillman announced the Agenda Approval would include the Consent Agenda Items.
Ms. Heavilin pulled Consent Agenda Item D.
Motion
Ms. Horenburger moved to approve the agenda less Item D. Rev Chaney seconded the motion
that unanimously passed.
v. Public Comments:
None.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
December 12,2006
VI. Consent Agenda:
A. Approval of the Minutes - November 14, 2006
/'
B. Approval of the Rnancials
C. 2007 Annual Dinner Dance
D. Consideration of a Commercial Fa<;ade Grant to Law Realty
Ms. Heavilin pulled this item.
E. Lease of CRA Property to Panther Real Estate Partners
F. Dive Shop Lease - Lynn Simmons
D. Consideration of a Commercial Fa~ade Grant to Law Realty
Ms. Heavilin had questions about the Commercial Fac;ade Grant to Law Realty. She explained it
appeared there were two grants for the property. She wanted to know how that fit into the
guidelines.
Vivian Brooks, Planning Director, explained there were not two grants. The amount was $lSK
for the entire property. The board discussed the items the grant funds could be used for. It
appeared grant funds would be used for items not allowed, such as a roof. Ms. Brooks clarified
the program was a matching grant. The request would be in compliance with the grant
requirements as long as the improvement did not exceed a certain percentage of the property
value. The matched portion of the grant would be used to improve the items not covered under
the Fac;ade Grant guidelines. It was noted the verbiage for the request and baCk-up materials
about eligible exterior improvements to qualify was not clear and it was suggested clarifying the
information.
Ms. Brooks explained she would be bringing back the Commercial Fa<;ade Grant in the future
and the program could be used in a more specific manner.
Motion
Mr. Myott moved to approve the Fac;ade Grant for Law Realty. Ms. Horenburger seconded the
motion that passed 6-1, (Vice Chair Norem dissenting).
VII. Public Hearing
Old Business
None.
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Community Redevelopment Agency
Boynton Beach, Florida
December 12, 2006
New Business
Attorney Spillias asked the board to disclose any ex parte communications.
Mr. Sims disclosed communications with the developer on Item F, the MLK Corridor. Despite
the communications, Mr. Sims reported he could make his decisions based on the evidence
presented at the meeting.
Attorney Spillias explained the quasi-judicial meeting procedures and administered the oath to
all persons who would testify.
A. North General Building - New Site Plan
1. Project:
Agent:
Owner:
Location:
Description:
North General Building (NWSP 07-001)
Roy Dunworth, Dunworth Construction
Dr. Jean Renelien, United Medical Enterprises, Inc. .
West side of Federal Highway; south of the C-16 canal
Request for a new site plan approval to construct a two-story,
3,990 square foot office building and related site improvements on
a 14.77 square foot parcel, in the C-4 (General Commercial) zoning
district.
North General Building - Zoning Code Variance
2. Project:
Agent:
Owner:
Location:
Description:
North General Building (ZNCV 07-002)
Roy Dunworth, Dunworth Construction
Dr. Jean Renelien, United Medical Enterprises, Inc.
West side of Federal Highway; south of the C-16 canal
Request relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 6.D.3. requiring a
minimum lot depth of 100 feet, to allow a variance of 18 feet and
an approximate lot depth of 82 +/- feet for a proposed
commercial/office development within the C-4 General Commercial
zoning district.
Gabriel Wuebben, Planner, presented the requests. The new site plan application was
contingent upon the variance application. Mr. Wuebben explained the application was for a
two-story building in the General Commercial area. Traffic concurrency approval from the
County was forthcoming. The traffic would access the property from the north side of the parcel
and would have 18 parking spaces. Traffic would exit the property from the south side of the
parcel onto Federal Highway. He showed a building elevation, designed in the Key West style,
which was consistent with the Heart of Boynton area.
The variance application reduced the lot depth from the required 100 feet, to 82 feet. The
request resulted from the property being platted in 1950. A more recent zoning ordinance
created a wider lot depth than what was established by the plat.
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Community Redevelopment Agency
Boynton Beach, Florida
December 12, 2006
Staff recommended approval of the variance application and the new site plan continQent with
all the conditions of approval.
Chair Tillman opened the floor for public hearings and explained the board would hear
comments on both the variance and new site plan.
Lloyd Powell, represented the property owner at 1112 N. Federal Highway, known as.Alpine
Florist. He indicated property owners have lost property frontage on two occasions. He asked
the board to approve the two requests and not penalize landowners for actions taken by
eminent domain.
Chair Tillman closed the floor to public comments.
Ms. Heavilin had questions about substituting asphalt with decorative pavers.
Ms. Brooks clarified the pavers would only be used at the entrance near the site wall for
decorative purposes. They would match the walkway and front. Additionally, they would
improve the streetscape on Federal Highway.
Mr. Myott commented the language should be to substitute decorative pavers for asphalt at the
ingress and egress of the property. Ms. Brooks agreed. Rev. Chaney inquired about a
condition to enhance the main entrance. Ms. Brooks explained the building was plain on the
Federal Highway frontage side. They added banding, decorative tile and decorative exterior
lights. The building was long and linear and needed additional features.
G. Raymond Berry, Architect for the project was present. He explained the tower element
would house the elevator equipment and would have openings to allow ventilation. There
would be Bahama shutters. Mr. Raymond would coordinate with the Arts Commission regarding
the art requirement. Mr. Berry preferred the art be placed on site at the NE corner of the
building where it would be most prominent. The art would likely be a water feature.
Motion
Ms. Horenburger moved approval of the new site plan, Item VII A.1. Mr. Myott seconded the
motion that unanimously passed.
Motion
Ms. Horenburger moved approval of the variance request, Item VIlA. 2. Mr. Myott seconded
the motion that unanimously passed.
B. Chow Hut ~ Site Plan Time Extension
Project:
Agent:
Owner:
Location:
Chow Hut (SPTE 06-14)
Anthony Mauro
558 Gateway Boulevard, LLC
558 Gateway Boulevard
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Community Redevelopment Agency
Boynton Beach, Florida
December 12, 2006
Description:
Request for a 12 month Site Plan lime Extension for 1ite plan
approval granted on November 1, 2005, to extend sIte plan
approval from November 1, 2006 to November 1, 2007
Kathleen Zeitler, Planner, reviewed the requested site plan time extension and explained the
extension request was received just before the original site plan expired. The applicants had
spent six months working with a consultant on the kitchen and restaurant design; howev~r, the
consultant could not fulfill their obligations and the applicants had to start over again. Staff
was recommending approval with of the request subject to all original conditions remaining.
There were no new regulations in place to review the project against and the project was not
subject to the Art in Public Places Ordinance due to the original site plan being submitted prior
to the enactment of the ordinance.
Tony Mauro, Agent, 2611 Lake Drive, was present. He apprised the board he would be able
to complete the project within the time extension. He explained an issue with the kitchen
designer caused the delay. The menu changed, philosophies changed, and the kitchen designer
disagreed with the changes and with how his partner wanted to proceed. They had to find a
new kitchen designer. He advised they were ready to move forward.
Mr. Sims questioned the next significant action within the year for the project. Mr. Mauro
responded they were utilizing value engineering and had the plan and design they wanted, as
well as the menu they want. Due to the increase in cost and construction they were attempting
to use the most efficient and cost effective methods of construction.
Mr. Sims further questioned the service bar and 90% of sales occurring from food. Mr. Mauro
explained the service bar was not a traditional bar. It would only offer the opportunity to
purchase beer and wine. The bar would be more of an outdoor counter. Although the
establishment was an eat-in restaurant, the sales would mainly be from take-out orders.
Rev. Chaney asked if the seating arrangements would be outside. Mr. Mauro confirmed the
seating capacity accommodated 32 people. There were 14 parking spaces. He showed the
plans and the elevations. The approved plan showed eight spaces with one handicap space in
the front and five parking spaces in the back of the project.
Ms. Heavilin inquired when construction would begin. Mr. Mauro explained they planned to
commence construction in April or May of next year and hoped construction would be
completed within four months. They were trying to time their opening to coincide with next
year's tourist season.
Chair Tillman opened the floor for public hearing.
Hearing none, Chair Tillman closed the floor.
Ms. Horenburger asked when the City was going to adjust the Code requirements to allow for
18-month site plan extensions. Mr. Breese reported the change was heard by the City
Commission on December 5, 2006 and would be adopted shortly after the first of the year.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
December 12, 2006
M~~ .
Ms. Heavilin moved to approve the request for a 12-month site plan time extension for Chow
Hut. Ms. Horenburger seconded the motion that passed 6-1, (Rev. Chaney dissenting).
VIII. Old Business
A. Approval of a Development Agreement with Boynton Beach Faith-Based CDC for .Parker
properties on Seacrest Boulevard.
Ms. Brooks explained the board had previously purchased the Parker Properties on Seacrest
Boulevard, and the Property Appraiser allowed the property to be subdivided from two lots to
three. The action was prompted by a change in zoning from Commercial to Single-family
Residential on the west side of Sea crest. The board had entertained using the lot for Single-
family affordable housing. The Purchase and Development Agreement with the Boynton Beach
Faith-Based CDC contained the layout of the units, how the project would proceed, the price
point for the project, amenities for the homes and a firm development timeline, including a
reverter clause which mandated the property would return to the CRA for debt payment and
completion of the unit, in the event the CDC could not complete the project. She advised the
home design would be finalized by the board. Ms. Brooks also announced she attended the
CDC Board meeting last night and discussed the item with them. All three homes would be
completed within a 19-month timeline and the homes would be built concurrently.
Rev. Chaney inquired about the overall design concept for the Heart of Boynton (HOB)
neighborhood. Ms. Brooks explained there were design schematics in the adopted HOB Plan
and also a separate companion design document. The concept was for Floribbean designs,
which were the Florida style homes with metal roofs. Ms. Brooks explained metal roofs were
very good for moderate income housing because they have a much longer life span and the
owner receives a better rate on homeowner's insurance. She advised they also required impact
windows to be used, further reducing homeowner insurance rates. She announced impact
windows would be a major factor for all homeowners in the future. The rezoning of the west
side of Seacrest was consistent with the HOB plan. They were looking to have the homes
placed closer to the street to allow for parking in the back so homeowners would not have to
back out onto Seacrest or use their front yard for parking.
Ms. Brooks advised she would keep the board apprised of progress on the project. She
explained the CDC submitted a proposal that met what the board and plan wanted for that
area. She met with the builder and viewed homes they constructed. She announced the
homes were very, very nice.
Jerome Powell, 10078 Boynton Place Circle, representing the Boynton Beach Faith-Based CDC
was present and confirmed the builder was Jeff Wooster.
There are other properties that were being developed by the CDC; however, Ms. Brooks
reported those projects would not hinder one another over the 19-month construction deadline.
Mr. Powell anticipated three homes would be completed and sold by mid-February. He further
advised construction of other homes was not predicated on the sale of the current homes they
were building. The three homes they were building were slotted for clients. Of the three
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
December 12, 2006
homes to be constructed on the Parker Property, one was already allocated and tryey were
positioning two other clients for the other two. He hoped that process would be completed by
January. The ground breaking would be seven months from the date of execution of the
document.
Motion
Ms. Horenburger moved to approve the item. Vice Chair Norem seconded the moti~n that
unanimously passed.
B. Approval of an Administration Agreement with Boynton Beach Faith-Based CDC for the
Homebuyers Assistance Program.
Ms. Brooks presented the item, which would assist the CRA in administering its Affordable
Housing Program. She explained the CRA was not in the business of pre-qualifying applicants
for the program and the CDC already provided those services for SHIP funds. This item would
allow them to pre-qualify applicants for the CRA down-payment assistance. She clarified in the
agreement the CDC would get paid at closing as opposed to receiving ongoing funding.
Ms. Heavilin inquired if the fee amount was the same amount they would receive for the SHIP
funds. Ms. Brooks explained it was slightly more. The County has increased its fee, and the
City was also going to increase its fees because each year the amount of work required to pre-
qualify applicants increases. Ms. Brooks further clarified the CDC would only be administering
the down-payment program for the CRA. Applicants may be able to receive additional funds
from the City and County, but they would have to apply for those funds. The SHIP funds were
almost gone for the 2006/2007 cycle.
Ms. Horenburger asked about compensation in the agreement. She questioned why the CDC
would be compensated at closing. She asked what would happen if the applicant was qualified
but a closing never occurred. Ms. Brooks responded that was the method used by the City and
County.
Motion
Ms. Horenburger moved to approve the item. Vice Chair Norem seconded the motion that
unanimously passed.
C. Approval of a DIFA with the Cornerstone Group for the Preserve project.
Mr. Myott declared a conflict of interest with Items C and D. He filed a Conflict of Interest Form
8B.
Ms. Brooks explained the agreement would set aside 50 workforce housing units to be sold to
recipients meeting no more than 120% of the Palm Beach County median income. She
explained that was a significant number of units. The other item in the DIFA was the amount
of funds they were eligible to receive was commensurate with the sale of those affordable
housing units. The applicant was in agreement with that provision. The board commented the
units were very nice.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
December 12, 2006
Motion I'
Ms. Heavilin moved to approve the DIFA. Rev. Chaney seconded the motion that passed 6-0,
(Mr. Myott abstaining).
D. Consideration of Agreement with Cornerstone for Community Workforce Housing
Innovation Program Application.
Ms. Brooks explained when the board discussed a direct incentive agreement with Cornerstone,
the board was also considering layering. She announced Cornerstone was applying for a $5M
State Community Workforce Housing Innovation program for the Preserve project. She
announced if the developer received that money, they would provide an additional 50 workforce
housing units. In order to apply, they needed a local government match. The funds the CRA
was proposing to match for this agreement would be the Homebuyers Assistance Program
funds for the 50 units just approved in the DIFA for the Preserve project.
Ms. Heavilin asked how much of a reduction the recipients would receive.
Lenny Wolfe, Cornerstone Group, 2121 Ponce Deleon Blvd., Coral Village was present and
indicated the reduction amounts were in the application. Ms. Bright explained with the layering,
the units would be around $130K to $150K for a three-bedroom, three bath, one car unit. The
units, however, would be on the tax rolls at the higher price.
Motion
Ms. Horenburger moved to approve the item. Vice Chair Norem seconded the motion that
passed 6-0, (Mr. Myott abstaining).
E. Approval of the Purchase Agreement for The Related Group of a 7,000 square foot
parcel, 70 parking spaces and gas pump assets.
Robert Reardon, Assistant Director, indicated the item was to conclude the purchase of the
Marina pad, parking spaces and fuel dock. The agreement was supplied and he needed a vote.
Ms. Heavilin asked if the building was restricted to the dock master and CRA and whether they
could do something else with the extra square footage of the building if the use was approved
by the condominium. Ms. Bright said there were restrictions. She explained the City
encouraged the dive shop to be located in the bUilding. That was not a use the CRA wanted to
pursue. She explained the new use would be appropriate and the CRA was responsible for
maintenance.
Motion
Vice Chair Norem moved for approval of the agreement. Ms. Horenburger seconded the motion
that unanimously passed.
Ms. Bright spoke about The Related Group. She reported The Related Group assisted with the
funds for the parcel.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
December 12, 2006
F. MLK Corridor Development Agreement Policy direction.
Ms. Bright explained the MLK corridor agreement provides for the partnership working towards
the massing of the 26.3 acres in a phased strategy. The Intown indicated they had 40% site
control, but the CRA did not have any specific facts to verify that. She advised there had been
many questions raised about ensuring the right resources were going to move the agre:ement
forward. She announced in addition to Attorney Spillias, the whole team was present and she
was looking for direction.
Attorney Spillias announced the back-up material in the agenda was important to gain clarity
about what they were negotiating for. The boards direction was they wanted a Master
Development Agreement that laid out would what the development would be, how it was
financed, what it would look like, what the terms of the CRA and developer would be, what
financial assistance would be needed and when, and any other mechanisms, such as bonds or
Community Development Districts.
A draft was sent in November and came back. The difficulty was the draft was very general.
In the CRA's view, it was not heading toward the type of agreement they believed they were
directed to develop. Rather, it was leaning towards a conceptual agreement with some issues
left open to be addressed at a later time.
Attorney Spillias needed to return to the board for direction. The questions in the back-up
materials were the questions the CRA needed to have answered at some point and the
responses the CRA received did not specify what financial assistance would be needed. This
made negotiations difficult for the CRA because they would not know what would be asked of
them later.
Attorney Spillias was unsure what the developer was looking for. One issue raised was a
concern about the request the CRA was making for conceptual site and infrastructure plans.
Until there was an agreement, they did not want to put the money into developing those plans.
The CRA was not looking for the specific site plan to be presented to CRA and City. Rather a
bubble plan could be used. It was possible they could use the original drawings from the
original RFPi however, they needed to know that. Attorney Spillias reported it appeared there
was a conceptual difference that needed to be resolved.
Staff had provided back-up to the board which included a letter written from Ms. Bright to Ms.
Simon about the land purchase issue and a timeline of key dates, beginning from selection of
Intown to the present.
Lee Worsham, Attorney with Ruden McCloskey, agreed with Attorney Spillias' comments.
Their concern was the professional fees to draw the infrastructure and site plans and costings
for the project in its entirety for 26.3 acres. They wanted to have the opportunity to acquire all
the land rather than do a portion of one phase now and another phase later. He indicated
development should be an integrated design and announced the proposal made was a fair
representation of what they wanted to do. Attorney Worsham indicated they were not looking
for a conceptual agreement. They requested 4-12 months after the agreement was entered
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
December 12,2006
into, to acquire the property. He did not think the schedule could run by task and (be date
specific. The agreement could have a schedule that started when they acquired a sufficient
amount of properties. He thought after that they could perfect the schedule and other plans.
Attorney Worsham explained the agreement hinged on the land acquisition. He reviewed other
development agreements and reported in every one of them the land was acquired first and
there needed to be cooperation. This agreement was unique. He indicated there wer~ some
instances where it may be better for a purchaser to deal with the CRA. He announced they
were not seeking any money from the CRA for land acquisition. He explained with a little bit of
direction, there could be movement. They did not want to provide a 26.3 acre detailed site
plan, detailed schedule and detailed infrastructure plans or conceptual detailed infrastructure
plans that required professional fees. It was sufficient to have an agreement to get their feet in
the door and they needed a signed agreement. He announced they would like to work to
complete that process by the end of the year and thought they were close to it. He agreed
they needed input to finish it.
Chair Tillman asked what the legal costs to the CRA were for this matter. Ms. Bright responded
the general bill was about $60K.
Attorney Spillias observed that based on Attorney Worsham's comments, it appeared the
concept was for more of a preliminary land acquisition agreement that would contain how and
what process would be set up to purchase the land and what threshold would be used to then
enter into negotiations for a final master development agreement. That was not the direction
staff received but he advised it could be an approach.
A discussion ensued. A conceptual agreement would not be valuable to either party and a land
acquisition agreement was a hard agreement. Attorney Spillias was unsure what those
ramifications would be. Intown had previously approached the board and requested the CRA
and City transfer the properties to Intown for $1, to be paid for later which did not seem to fit
into the concept for land acquisition. Attorney Spillias advised that provision was required in the
draft and would be a contribution of sorts from the CRA. This was an example of the types of
issues the board needed to address.
Ms. Bright indicated essential business terms were sent to Ms. Simons and they agreed there
was no project without land acquisition. Staff, due to board policy direction and out of respect
to the developer, stopped acquiring properties in the target area. There were landowners
calling the CRA, which the CRA referred to Intown. Regardless what decision the board made,
it made sense to Ms. Bright, since all the property would eventually be conveyed, the CRA could
be acquiring property in the target area.
Mr. Myott was not opposed to an interim land acquisition agreement occurring but did not see
why the substantive issues to be resolved could not be worked on concurrently. There were
less issues than he thought. He encouraged Attorney Spillias and Attorney Worsham to work
out the terms in question. He indicated the eRA went full circle with the land acquisitions and
a plan for the acquisition that would move the project forward was needed.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
December 12, 2006
Mr. Sims agreed with the first pOint Mr. Myott made. He did not hear an unwillingness for
Intown to provide answers but knowing the status of the land acquisition was needed and
commonly asked for. Mr. Sims noted a land acquisition agreement was different than the
master agreement, and he asked what the consequences to the board were if they entered into
an agreement for land acquisition and at the end of the 12-months, all did not go well or a
master developer agreement was not reached.
Attorney Spillias advised those were questions that needed to be negotiated. He explained the
situation would be different if there was eminent domain. He pointed out, however, the power
to purchase property has not been removed. An agreement would contemplate a process and
procedure for the developer and CRA to use. The CRA would not purchase property to turn
over to the master developer. It would be just for the development of the MLK Corridor. Once
enough property was acquired, then the agreement could discuss how swaps or sales would
occur.
Chair Tillman commented in August, staff was given instructions and had a scope to operate in.
Some of the things that should have occurred had not. He announced they asked staff to bring
this back in August and the board needed to deliberate on what was in front of them. As a
board, they needed to make a decision on what they need to do. Chair Tillman asked where
the board was right now and what could be done legally.
Attorney Spillias advised given the perimeters by the board on August 17, 2006, there was a
long way to go. A great deal of information was arequested and not received including financial
information to confirm the ability of Intown to do the project. It had been suggested the CRA
asked for more information than was necessary. However, they received no information.
Vice Chair Norem asked how many parcels were acquired.
Samantha Simon, representing Intown, announced they were ahead of the RFP schedule for
land acquisition and they had under negotiated control almost half the site, with the CRA and
City property included. She advised nothing had changed in the scope of what the Intown RFP
proposed.
Vice Chair Norem explained he did not see Intown closing on the properties and thought CRA
staff should be directed to acquire properties. He thought the CRA had indicated the first issue
should be the development agreement. Intown was indicating it was the land acquisition. He
explained the CRA does give property or money to use for equity for a loan to close on the
properties.
Attorney Worsham clarified they were not asking for a land acquisition agreement separate
from a development agreement. He explained they needed to be the developer and they
agreed with that.
Attorney Worsham explained they would supply the degree of specificity the CRA needed, but
he asked them to keep in mind if they draw a site plan with three phases having 26.3 acres
and they cannot acquire a few properties on the outskirts, they may need to amend the site
plan.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
December 12, 2006
Ms. Bright advised there was a meeting set with Intown to verify control of the site. 1he eRA,
however, was not privileged to that information, and they did not receive it, nor did they
receive the partnership agreements with Torti Gallas and McCormick Baron. Those issues were
the fundamentals, at the staff level,. of a joint public/private partnership to support the $28M
TI~ agreement and were the types of issues that should be part of the development agreement.
Ms. Bright announced she did not know the percentage of Intown's acquisitions wer~ as a
portion of the total site control with eRA land. She pointed out somewhere down the line, she
needs to know what they are.
Vice Chair Norem asked whether it was unreasonable to ask for copies of the contracts under
their control. Ms. Simon pointed out they have confidentiality clauses on the contracts which
prevented prices from being disclosed. Vice Chair Norem asked whether attorneys could share
contracts and keep confidentiality. Attorney Spillias responded they could through a
confidentiality agreement that was for lawyers only and because the documents were only
being inspected, not copied.
Attorney Worsham agreed with the request and the CRA would have the information by the
next meeting.
Ms. Horenburger asked whether Intown was a not-for-:-profit corporation. Ms. Simon responded
Intown was for profit, however they have a not-for-profit arm.
Ms. Horenburger asked how difficult it was to produce a conceptual master plan without having
to spend a large amount of money. She clarified initially, a cost was provided at the
presentation in August. Attorney Worsham explained the presentation contained the level of
specifity the CRA wanted and the infrastructure costs were in the pro forma.
Ms. Horenburger wanted some assurances the partners were on board and those partners were
contained in the agreements. She thought the agreement should have some flexibility and
commented there were a lot of policy decisions that needed to be made. She explained the
board should have a comfort level.
Attorney Spillias recognized land acquisition as the key. He clarified it was not the CRA's
approach to say before we know the land is there, they had to have full site and infrastructure
plans. Rather, the agreement could set benchmarks as to when things would be required.
Attorney Spillias established there could be certain exhibits to the agreement, such as
conceptual site plans. The agreement itself could be staged and did not have to come at one
time. The requirement of developing site plans could be pegged to when the land acquisition
had reached a stage where they knew there would be a project. The land acquisition could be
one provision in the agreement.
Ms. Horenburger asked what percentage of land Intown had under control now. Ms. Simon
estimated that to be 29%. She thought an incentive was appropriate, but did not think the
developer should develop the project on the back of the public money.
12
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
December 12, 2006
Rev. Chaney thought Intown presented an adversarial impression and it gave the impression
the City was not cooperating with them. He noted several requests for basic information had
been made and a mysterious cloud existed. He explained they wanted a confidence level and
they have many inquiries on the project but there had always been an excuse. He
acknowledged negotiations could be tense but they did not have to be adversarial. He
announced the CRA wanted the project to happen.
Rev. Chaney agreed the partners of Intown were phenomenal but there has been no other
contact or information about them. Initially Intown advised they did not need CRA dollars.
Then they came back to the CRA for assistance. As a result, he assumed there were partner
problems. He also recognized land acquisition was critical. In the absence of proof, there was
a credibility issue. He indicated until those issues were dealt with, he did not think the CRA
needed to move forward with anything.
Ms. Simon advised Torti Gallas was 100% on board and it was not a problem providing a letter
to that effect. She explained most questions were answered by the RFP and financials were
only viewable by staff. She explained Intown has to confer with legal to determine what was
legal for them to share with the board and what becomes public record. Ms. Simon apologized
for coming to the board on the Jefferson Estate issue, but advised the board when they came
forward, the only reason they asked for assistance to purchase the properties was because the
properties were outside the project area. The partners were still in place and she clarified they
were not asking for money for land at all. McCormick Baron was noted as one of the finest
affordable builders. They were part of the team. They wanted to do the project and wanted to
work with the CRA.
Ms. Horenburger wanted to see the partner as part of the team in agreement.
Ms. Heavilin asked for clarification. She indicated in August Intown announced they did not
need CRA money. In October, Intown requested the CRA purchase properties for them. Now
they were indicating they did not need money but wanted the CRA to turn over lands to them
at a certain point for one dollar, upfront to be paid later on.
Ms. Simon explained the agreement states Intown would pay for land up to $1,561,039. That
has not changed. The Treasure Coast Regional Planning Council study indicated the land
should be purchased for between $650K and $1.1M, and Intown was offering to pay
approximately $800K an acre. Intown would purchase and pay for all the land.
Attorney Spillias explained the present draft agreement requires the CRA and City lands to be
turned over now, for $1 and paid for later when funds were available. Ms. Simon indicated they
could strike that language from the contract.
Ms. Heavilin would like to see the CRA purchase what land they could concurrently, and without
competing with Intown.
Ms. Bright explained the letter of essential business terms, by Ms. Bright's calculations showed
15.78 acres needed to be acquired. She indicated that figure may be less now, but her figures
showed around $l1M was needed for the remaining land. The pro forma could not support or
13
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
December 12, 2006
deny the $3.6M for infrastructure and she commented CRAs typically partner with deyelopers
on that. She was unsure of the CDO bond or Special District, how or when it would be put in
the project timeline and if it would be for maintenance of the project, or infrastructure.
Attorney Spillias indicated the COD concept was an issue the CRA raised as a funding
mechanism. It was unknown at the present time, if it would be available. That mechanism was
included in the agreement as a placeholder.
Ms. Bright explained the developer may not be asking for funds for land acquisition, but if a
CDD moved forward, it could be a substantial bonding the CRA would have to do. She needed
to know if the developer was asking the CRA to pay for debt service on it. Ms. Bright clarified
three critical components of the development agreement for the board to be aware of were
land acquisition, infrastructure, and how to maintain the infrastructure. The only thing the
proposal stated was the CRA agreed to a $28M llF agreement on the backside.
Ms. Horenburger asked whether the COD would be operated by the developer. Attorney Spillias
responded it would. He noted the commercial portion of CityPlace occurred through a COD.
Ms. Bright explained on the Marina Village Association, those fees were close to $53K which
they were not passing onto the businesses at this time. She explained there have been many
statements made about keeping the neighborhood feel and neighborhood retail, but it would
take a lot of money for those commercial tenants to fund and support that particular type of
district.
Ms. Bright emphasized there has been a big push in the neighborhood for the CRA to maintain
the small business that exist in the project area and support them. She assured the board, the
current tenants in the marina could not afford to share, pro rata, what the CRA was funding as
part of the Marina Village Association. She thought it was reasonable for the board to be aware
that the businesses they anticipated moving over to the MLK Corridor, may not be able to share
those costs. Ms. Bright advised that issue may be a future policy decision for the board.
Rev. Chaney asked how that would impact overall, purchasing land in that area. Ms. Bright
responded staff was supportive of the proposal; however, the direction of the board in August
was to use the $8M for the other HOB initiatives they had. She explained comments had been
made why the CRA was focusing on other projects. She pointed out the bond was totally
devoted to HOB issues and she was beholden to the will of the board and the direction she was
previously given. If the board wanted the CRA to enter into partnerships with Intown for
projects such as the Jefferson properties or others, the money needed to be shifted. She
announced the CRA wanted to cooperate.
Chair Tillman thought since policies were put in place for the bond monies, the funds should
remain for those purposes.. He thought if there were opportunities to work outside where
funding was available, to do so, but what was put in place should remain. Ms. Bright confirmed
she would support that direction but would bring any other opportunities back before the board.
Attorney Spillias advised the thought initially was to have COOs in the agreement and take them
out later. Ms. Horenburger noted it sounded better to take CDOs out now.
14
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
December 12, 2006
Vice Chair Norem thought the CRA needed to have funds available for when opportuniti~s arise.
Ms. Bright announced she had her direction from the board, and there are initiativesln place.
However, she was subject to public scrutiny and she needed clarification from the developer
whether they wanted staff working with them and negotiating in that area. At the present
time, all calls were referred to the master developer.
Ms. Horenburger thought the board should take the position with the developer to have them
negotiate with them. She did not want the negotiations to take place in the public arena. If
there were issues and problems, they would be addressed by the board and responded to
individua lIy.
Ms. Heavilin asked if Intown provided Attorney Spillias with the information, how quickly could
the CRA move ahead with the project. Attorney Spillias responded the information would
certainly go a long way because many issues in the agreement would be satisfied. The CRA
was looking for confidence, and once given, the other issues would move forward.
Attorney Spillias also indicated land acquisition could be done two ways. They could have
contracts contingent on closing within six months or so and be assigned to Intown, or the CRA
could buy lands that were difficult and if a development agreement were signed, Intown would
have to buy the land from them. The issue was if there were difficulties with negotiations with
different property owners, whether the CRA could do a better job of negotiation than Intown.
The decision needed to be made and Intown advised of that.
Ms. Heavilin thought there might be individual cases the landowner may prefer to deal with one
agency as opposed to the other. The other issue was what funds were earmarked from the
bond funding for the HOB and what might be left over. Mr. Reardon would need to advise the
board of that.
Ms. Bright explained since Intown was already paying for all the land, she thought Ms. Simon
would want to negotiate the largest portion, and if she could not obtain property to give it to
the CRA for negotiation.
Mr. Myott announced he would be looking in January to having the substantive issues resolved.
He agreed with the land purchases and thought if there were parcels the CRA might be more
effective in negotiating for, to advise Ms. Bright. He noted this was a large project and the CRA
needed to keep working on smaller projects along the way.
Vice Chair Norem asked if answers were received by the next meeting, if there could be another
draft agreement. Attorney Spillias advised based on the discussion, his expectation was to take
their draft and send it back to them before the next meeting.
IX. New Business
A. Consideration of an RFP for the Downtown Visioning Workshop and the creation of a
Downtown Master Plan Implementation Program
15
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
December 12, 2006
Ms. Bright announced the CRA Board attended the Boynton Beach Assembly but it/' did not
provide specific direction to staff in terms of developing the downtown. The RFP authorizes
staff to secure an entity for that purpose, and would return to the board for final selection. The
process would probably be a three-day charette process and the board would determine the
priorities. This item would ensure the projects they already had would be supported and it
could assist the CRA to focus on the bonding issues for the coming year. Ms. Bright indicated
the Treasure Coast Regional Planning Council (TCRPC), Cooper Carey, and others. were
interested in the item. She indicated the CRA was looking for out of the box thinking for the
downtown area.
Ms. Horenburger requested the applicants be cautioned the CRA would not pay a fortune to fly
in across the country.
Motion
Ms. Heavilin moved to approve the request. Rev. Chaney seconded the motion that
unanimously passed.
X. Comments by Staff
Ms. Brooks announced months ago, the CRA and City passed Comprehensive Plan amendments
that stated if there was a request for a Land Use Classification with an increase in density from
the highest density (10.8 dwelling units per acre) and a special high density district which would
increase to 20 dwelling units per acre, or a mixed land use change, the increase would require a
provision of workforce housing to be contained within the project. The City had not passed the
actual zoning text. Developers wanting to use the special high density or the mixed use zoning,
would not know the rules because they have not been adopted yet.
Ms. Brooks advised she had been meeting weekly with City staff on an ordinance to enact those
provisions. The ordinance was loosely modeled after the County's ordinance, which addresses
inclusionary zoning at 7%, which was a County requirement. If density was increased, the
workforce housing needs to be 30%. Ms. Brooks clarified the ordinance they promulgated was
voluntary and did not need to be included in the base density. If the developer wants to use
increased density, then the number of workforce housing units would be increased also.
Ms. Brooks thought due to the complexity of the issue, the City would like a workshop to be
held with the City Commission, the CRA and Planning and Development Board. She proposed
January 30th for an evening workshop and anticipated the workshop would last a few hours.
The ordinance would ultimately return to the CRA.
XI. Comments by Executive Director
Robert Reardon, Assistant Director, announced he had a message from Community Relations
Board Chairman, Brian Miller reporting on Saturday, January 27,2006 there would be a Heart of
Boynton, Pride in Boynton Beautification Clean-up Day. To date, the eRA was funding a lot of
the supplies and debris removal. Many local organizations and churches were participating.
Bud's Chicken and Seafood would supply food for the initiative.
16
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
December 12, 2006
Ms. Bright introduced new staff member, Kathy Biscuti, new Special Events Manage~: for the
CRA. She commented the holiday activities and concert were great. :
Ms. Bright advised she was working with Gulfstream Lumber. She had received many
complaints regarding how bad the site looked. Banners would be put up, the site would be
mowed and cleaned up. She further announced the City Commission moved their meeting to
February 13, 2007 which was when the CRA usually met. She asked if the CRA wanted to meet
on a different day or just change the location. There was consensus to change the day. .
Ms. Bright wished the board a happy holiday.
Ms. Bright updated the board. The review appraisal on the Ocean Breeze project came back for
$6.4M. There were questions over the impact fees. Ms. Bright announced land to land, the
appraisal was exactly $6.4M. If the land were developed, there was a credit for a developer to
draw down the money. When Boynton Terrace was torn down, the County impact fees
received a credit of around a half million dollars, but it was not associated with the actual value
of the land. The owner was concerned that was not taken into consideration. The CRA would
approach Mr. Finkelstein if he wanted to consider a purchase agreement. Ms. Bright indicated
Mr. Finkelstein was not initially interested in the $6.4M purchase. She would approach him
again with the second appraisal. The property was in foreclosure, and many individuals
preferred to wait until the property goes to foreclosure. Obtaining that property would have a
huge presence along Seacrest and the Heart of Boynton. Ms. Bright explained staff has some
degree of flexibility in negotiations, and any transactions come back to the board.
XII. Comments by CRA Board Attorney
Attorney Spillias Wished the board a happy holiday and thanked the board. He announced it
has been a pleasure for him to serve the board.
XIII. Comments by CRA Board
Mr. Sims wished the board a happy holiday and thanked the board for moving the Heart of
Boynton Project forward.
Ms. Heavilin thought it would be a great show of support for the CRA board and staff to
participate with the Heart of Boynton Beautification. She indicated the board used to have a
9:30 p.m. time certain for meetings to close. She requested when there were really long
meetings and agendas, they return to that policy. She thought the board may not be making
good decisions on important matters at 10:30 p.m. At 9: 15 p.m. the board would note the time
and determine whether they would proceed with the agenda or continue the item at another
date. She wished all a Merry Christmas and a Happy New Year.
Mr. Myott announced he was proud to be a Boynton Beach resident and CRA member. He
enjoyed participating in Saturdayls holiday parade and concert. He thought it was super and
was looking forward continuing on in January.
17
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
December 12, 2006
Ms. Horenburger asked about the new Ethics Ordinance passed by the City Comr:nission.
Attorney Spillias would give a briefing on the ordinance and recusals. Ms. Horenburgef wished
all a happy holiday.
Rev. Chaney congratulated Mayor Taylor who was present and noted Commissioner Rodriguez
was also present. Rev. Chaney thought the last few months were great and he thanked staff
for a job well done. He expressed his prayers for a wonderful holiday season. He invit~d the
board to a Christmas Cantata, at St. John Missionary Baptist Church on Saturday, which was a
historical review of traditional, urban and jazz Christmas m'usic. He further advised each year at
midnight, there was a service asking God's blessing for the next year.
Vice Chair Norem agreed with Rev. Chaney's comments and wished all a Merry Christmas and
Happy Hanukah.
Chair Tillman wished all happy holidays. He acknowledged there was a major turn around and
commented the results were visible. He complimented staff and an organization with high
credibility and maintained a high level of integrity. He was happy to be a part of the CRA and
the team. He expressed his fondness to his fellow board members and indicated he enjoyed
working with them. He thought, as they continued moving forward, they would meet with
success. He asked God's blessings and many returns to the board.
XIV. Adjournment
Motion
Ms. Horenburger moved to adjourn. Vice Chair Norem seconded the motion that unanimously
passed.
The meeting adjourned at 8:50 p.m.
Respectfully submitted,
18
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VI. CONSENT AGENDA:
B. APPROVAL OF THE MONTHLY
FINANCIAL RESULTS
DECEMBER 31, 2006.
(
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BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
/'
eRA BOARD MEETING OF: JANUARY 09, 2007
AGENDA ITEM:
x 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 December 31,2006.
FISCAL IMPACT: As of December 31,2006 the CRA had received 0.92 % of expected revenue and
expended 19.01 % of its appropriations for fiscal 2006-2007.
RECOMMENDATIONS: NA
9{p6ert t]'. !1{eatrIon
ROBERT T. REARDON, ASSIST. DIRECTOR
(;
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 01 09 CRA Board Meeting - January\Monthly Financial report. doc
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VI. CONSENT AGENDA:
C. RESOLUTION NUMBER 06-03 -
(Set Limits for Check Endorsements.)
',.\'!C!\D30VNTON eRA
;*~~3l:' A Ie H
iiIIii East Side-West Side-Seaside Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
/'
eRA BOARD MEETING OF: JANUARY 09, 2007
AGENDA ITEM:
x I Consent Agenda
Old Business
New Business
Public Hearing
Other
SUBJECT: SET LIMIT FOR CHECK ENDORSEMENTS
SUMMARY: A large number of checks are written each month by the CRA that do not exceed $900.00. In
fact many are for amounts below $500.00. The Director of Finance wishes to change the method that Agency
checks are signed where a Board member is counter signing checks with either the Executive Director, or the
Assistant Director. By allowing checks below $901.00 to be signed by the Executive Director and the Assistant
Director the payment process will be greatly enhanced and speeded up. The Director of Finance will place
electronic limits on all checks that exceed the threshold limit to ensure that only one of the two staff members
signatures are on the checks awaiting the approval and signature of a CRA Board member.
FISCAL IMPACT: No negative impact, but a positive time saver for staff
RECOMMENDA TIONS: Allow change
t4t~
ROBERT T. REARDON, ASSIST. DIRECTOR
C:\Documents and Settings\kspillias\Local Settings\Temporary Internet Files\Financial Alteration of Check Signing.doc
RESOLUTION NO. 06 - 03
A RESOLUTION OF THE BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, TO SET THE LIMITS FOR BANK
DRAFTS REQUIRING SIGNATURES OF THE CRA BOA~
BEGINNING JANUARY 11, 2007; PROVIDING FOR REPEAL IN
THE EVENT OF CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY ("CRA"), pursuant to Chapter 163, Florida Statutes, is authorized and
empowered to take all actions necessary to do the work of the agency including
maintaining appropriate bank accounts for the payment of expenses; and
WHEREAS, it is necessary for the bank(s) with which the CRA maintains its accounts to
have knowledge of the authorized officials of the CRA for the signing of checks, wire transfers,
and withdrawals offunds; and
WHEREAS, CRA has determined that all checks written on CRA accounts and
withdrawals made from CRA accounts shall require the signature of two designated individuals;
and
WHEREAS, CRA has determined that each check shall bear the signature of at least one
(1) Board member and at least one (1) executive level staff member; and
WHEREAS, the CRA has determined that the Chair and Vice Chair of the Board shall
be authorized to sign checks on behalf of the Board and the Executive Director and the Director
of Finance shall be authorized to sign checks at the stafflevel; and
WHEREAS, the volume of work has increased dramatically from the shared events
initiative with the City and other projects, causing the Director of Finance to request
authorization to sign checks under $901.00 using only the signatures of the Executive Director
and the Director of Finance; and
WHEREAS, all checks totaling $901.00 and higher will still reqUIre a designated
member of the Board to countersign.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY:
SECTION 1. CRA authorizes the Executive Director and Director of Finance to
endorse all checks with a value ofless that $901.00 without a Board member's signature,
and all checks greater that $901.00 shall still require the signature of the Chairperson, or
Vice Chairperson.
SECTION 2. The Director of Finance shall takes steps to ensure that multiple
invoices for the same purchase or service are not submitted in order to circumvent the
low limit threshold.
I
SECTION 3. If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part
or application, it shall not affect the validity of the remaining portions or applications of
this Resolution.
SECTION 4. All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5. EFFECTIVE DATE
This resolution shall become effective immediately upon its passage and
adoption.
Board Member _ offered the foregoing Resolution and moved its adoption. .
The motion was seconded by Board Member _ and upon being put to a vote, the
vote was as follows:
HENDERSON TILLMAN, Chair
STORMET NOREM, Vice-Chair
JEANNE HEA VILIN, Board Member
GUARN SIMMS, Board Member
LANCE CHANEY, Board Member
MARIE HORENBURGER, Board Member
STEVE MYOTT, Board Member
The Chair Person thereupon declared this Resolution approved and adopted by the
CRA Board of the Boynton Beach Community Redevelopment Agency, Boynton Beach,
Florida, this _12h_ day of January, 2007.
By:
Henderson Tillman, Chair Person
2
Legal in form and valid if enacted:
Kenneth Spillias
CRA Attorney
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
r
3
VI. CONSENT AGENDA:
D. PURCHASE OF A CRA TABLE -
MLK CELEBRATION.
.
_ \~'!r
"r'~'v:::.' -
~~~qY~T8~CRA
ill East Side-West Side-Seaside Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: January 9,2007.
AGENDA ITEM:
Approval to purchase a Board Table for the City of Boynton Beach's Martin
Luther King, Jr. Celebration Event.
I Consent Agenda
Old Business
New Business
Public Hearing
Other
SUBJECT:
Approval to purchase a Board Table for the City of Boynton
Beach's Martin Luther King, Jr. Celebration Event.
SUMMARY:
None.
FISCAL IMPACT:
Table Purchase.
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\Table Purchase for MLK Event - LVF.doc
Page 1 of 1
Ford, Leah
~--____~_'______~UM"'."_""__U__U_U_"__'_~"~_"_~_U_"_--_'_~__________~""_~'h,'_^ ."____.".~'^'__._.'..._.._.",~..,_.~.._._~~.'''..''.".v_~.,_.
From: Ford, Leah
Sent: Friday, December 29, 2006 11 :40 AM
To: Guam Sims; Henderson Tillman (htillman@bellsouth.net); Henderson Tillman
(tillmah@palmbeach.k12.f1.us); Jeanne Heavilin; Marie Horenburger; Rev. Lance Chaney; Steve
Myott; Stormet Norem
Cc: Bright, Lisa
Subject: YOUR RESPONSE IS REQUESTED: Martin Luther King, Jr. Celebration...
Dear Board Members -
Happy New Year to all of you and your families...
Please note that on Sunday, January 14th, 2007 at 6:30 PM, the City of Boynton Beach will be having its annual
Martin Luther King, Jr. birthday celebration at the Benvenuto Restaurant. Please let me know at your earliest
convenience if you would be interested in attending this event.
Thank you in advance.
Leah
Leah V. Ford
Administrative Services Manager/Executive Assistant
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, FL 33435
fQrqJ@Gi,QQyntQn~t:>~I:lGh...n.J.J?
IJ.!'NW, QQYntQJ:J~~ClghGrl:l,()rg
561-737-3256 - P
561-737-3258 - f
12/29/2006
I'
VI. CONSENT AGENDA:
E. PROPOSED 2007 EVENT SCHEDULE.
II~qY~T8~CRA
iiI East Side~West Side~Seaside Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: January 9,2007
AGENDA ITEM: New Business-Events
I Consent Agenda I I Old Business I
New Business
Public Hearing I
SUBJECT: Proposed Special Events Schedule 2007
SUMMARY: See Attached
FISCAL IMPACT: None
RECOMMENDA TIONS:
d
Kathy Biscuiti
Special Events Manager
G:\CRA Board\Agenda request 1-9-07.doc
Other
~qY~T8~
East Side-West S'lde-Seas'lde Rena'lssance
PROPOSED SPECIAL EVENTS - 2007
· Ocean Front Concert - January 19,2007 - Oceanfront Park - Phil
Mann and his alleged Orchestra
· Boynton Beach Heritage Celebration - Super Weekend - February
23-25,2007
· Concert with Kool & the Gang - February 24, 2007 - E. Ocean
Avenue between Seacrest and NE 1 st Street
· Ocean Front Concert - April 20, 20.07, Oceanfront Park
· Fourth of July Celebration - July 4, 2007 - Concert & Fireworks -
Intrcoastal Park or Boat Club Park
· Marina Re-naming, Concert and Fishing Tournament - August 4,
2007 - Marina Area
· Pirates of the Intracoastal- October 20 & 21, 2007 (tentative date)-
Intracoastal Park
· Holiday Extravaganza - Parade, Tree Lighting, Concert - December,
2007 - E. Ocean Avenue between Seacrest and NE 1 st Street
· Holiday Boat Parade - December, 2007 - (Work this out with dock
master and Two Georges management and possibly Chamber)
I'
VI. CONSENT AGENDA:
F. HUMAN RESOURCES -ILA APPROVAL.
JAN-02-200T 12:27 From:
To:4098**2419**000**737325 P.2/2
t . '...
"i'i:<li:l~i :,~~~;i
<. :;.:,~ ~ 1:~~~t~1 '~
~~~qY~T8~k:RA
Ii East Side-We.t Side-Seaside Renai".n..
BO'YN1"ON BEACH eRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: JANUARY 09, 2007
A GENnA IT~~M:
I X I Consent ^~enda
Old llusint'ss
Nl.':w llusincss
Public Hellring
Other
SUBJECT: HR Interlocal Agreement
SUMMARY: Allow the eRA to enter Into an interlocal agreement ("'LA") with tho City to permit the eRA
Executive Director and/or the HA designated staff person to utilize the CIty's human resources staff and
consultants to achieve functional unilormity ancl enSlJre HR.relaterJ compliance requirements. Servicos included in
tha ILA are beMtit onrollment; recruitment; records management; routine HR issues; comrlionca matters; traininQ,
and special projects. The attached draft ILA is currently under review by the CRA and City starrs and attorneys.
FISCA L IMPACT: $500 per month, or $6.000 annual for benefits, recruilmenl, racords management ;md
administrative services. Training costs will be $50 per participant per session. Special projoct consultation will he
charged at the rate of $150.00 per hour.
RECQMMENDA TIONS: Approve the proposed HR ILA sllujectlo final legal review and approviJl.
~~w~
Slls~m Harris, fI"illanec Assistant nnd HR Administrator
C~\Documcnts and Settlnos\kl;Dllllas\Local SettinQs\TerTIl!OIttrv Irllen1f:1 Flles\HR Inler1ooOll.doc
INTERLOCAL AGREEMENT BETWEEN THE
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
AND THE CITY OF BOYNTON BEACH
FOR HUMAN RESOURCE SERVICES
i'
THIS AGREEMENT is made and entered into this _ day of
2006, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
("CRA") and the CITY OF BOYNTON BEACH ("CITY") (collectively referred to as "the
parties").
WITNESSETH
WHEREAS, the CRA is a public Agency created purs
163, Part III and has as its purpose the redevelopment of po
located within its geographically designated redevelopme
WHEREAS, the City is a Florida municipal c
WHEREAS, the parties hereto desire to ent
the CITY to provide Human Resource Services to the
NOW THEREFORE, in consi
contained the parties hereby agree as foIl
1.
a al year basis commencing on
, with automatic renewals each
east 30 days before the termination
year unless otherwise te
date.
2.
ices: P lcipation in the annual enrollment for medical and
p icies; Participation in bi-monthly New Hire Benefit
s; Participation in the City's Wellness Fair; Access to
nsul ts for customer service regarding benefit plans and
service issues; Access to Benefit Administrator for questions and
on.
itment: Clerical skills testing; Advertising to fill vacant positions;
ilization of Bayard Advertising for reduced rates); Collection and
review of applications for completeness; Conduct criminal background
screening with third party vendor. Costs associated with advertising and
background screening will be paid for by the CRA.
(c) Records Manager: Personnel file management as requested by the CRA.
(d) Other: Access to Human Resources staff bye-mail, phone, or scheduled
appointment for day to day Human Resources related questions; Access to
City Policies and interpretation; Access to City's Human Resources
Director or other appropriate personnel regarding applicable human
resources-related legal requirements and compliance with such
requirements. The Human Resources staff does not provide legal
opinions.
(e) Special Projects: Specific Consulting Services (other than the consulting
services described in (a), (b), (c), and (d) above); Exit Interviews;
Reclassification Analysis; Human Resources Investigations.
affa'
Florida
Department
administered a
The CITY will be responsible for
Development Service to the CRA:
ing Organizational
(f) Training: Boynton Beach Learnin
Training; and On-Line Class part.
4. Cost. The CRA agrees that it wi
per month for the services listed in (a), (b), (c), an
will pay ONE HUNDRED FIFTY DOLLARS ($150.
above. The services listed in (f) above shall be paid by t
($50.00) per class per student.
5.
Office Location.
ne aw. The parties hereto agree that the conduct of the
ment shall be in accordance with Chapter 286.011,
S ine Law and that the records of the Human Resources
ublic Records pursuant to Chapter 119, Florida Statutes, and
aw. This Agreement shall be governed by and construed III
of the State of Florida.
8. Severability. If any provision of this Agreement or application thereof to any
person or situation shall to any extent be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
2
9. Entire Al!reement. This Agreement constitutes the entire understanding of the
parties and any previous agreements, whether written or oral, are hereby superseded by this
Agreement. This Agreement may be modified in accordance with Paragraph 11 below.
/'
10. Modification of Al!reement. This Agreement may be modified upon mutual
consent of the parties only in writing.
11. Bindinl! Authoritv. Each person signing this Agreement on. behalf of either
party individually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and to bind an ligate such party with
respect to all provisions contained in this Agreement.
ies with respect to the
greement, the same
the City Attorney
s necessary to
dy herein
and every
13. Interpretation. This Agre
party than against the other merely by vi
counsel of on of the parties.
more strictly against one
may have been prepared by
d or permitted to be delivered pursuant to the
. , but in any event no later than three (3)
'1 certifi or registered, postage prepaid or one (1)
e rier service such as Federal Express to the
arties described herein may change their address by giving
. s bsection.
ynton Beach
Boynton Beach Boulevard
Beach, Florida 33425
.: Kurt Bressner, City Manager
With Copy to:
James A. Cherof, City Attorney
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, Florida 33308
If the eRA:
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, Florida 33435
Attn.: Lisa A. Bright, Executive Director
3
With Copy to:
Kenneth G. Spillias, Esquire
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Boulevard, Suite 1000
West Palm Beach, Florida 33401
J'
15.
the parties.
Effective Date. This Agreement shall become effectiv
COMMUNITY RED
OF THE CITY OF
By:
Date:
Attested by:
Lisa Bright, Executive Director
-OOO\Agreements\Final Human Resources !LA (2).doc
4
I
VI. CONSENT AGENDA:
G. ALEKSANDER GROUP
CONSULTING AGREEMENT.
\.
~ ::?';~~~;
""~~'30vNT-ON'1C' RA
~~31:[ A CHI
iii East Side-West Side-Seaside Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF:
January 9, 2006
lXl Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: Lobbyist Consulting Agreement
SUMMARY: As per the FY06-07, the CRA Board requested staff contract professional services
with a lobbyist specifically devoted to CRA issues. This request came as a result of board discussions
as it related to the legislative changes affecting CRA's such as eminent domain, affordable housing,
community policing and other statutory requirements.
This agreement is in addition to our City shared lobbyist U.S. Strategies.
FISCAL IMPACT:
$60,000 funded out of the professional services account.
RECOMMENDA TIONS:
Approve the agreement.
,.~.
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 01 09 CRA Board Meeting - January\CRA Lobbyist.doc
..
.. A ..
. /\ .
.. A '" ..
.. ..
ALEKSANDER GROUP
INC.
301 Clematis Street
Suite 3000
West Palm Beach, Florida 33401
Pbone: 561.804.9639 Fax: 561.828.3312
Toll Free: 800.473.0363
/'
Reply To: 850.459.1559
sebastian@aleksandergroup.com
~;::" If;~. ~;
'1
BovmOH 8E~,GH cru',.
December 18, 2006
Lisa A. Bright, Executive Director
Boynton Beach CRA
915 South Federal Highway
Boynton Beach, Florida 33435
Re: Consulting Agreement with Boynton Beach CRA
Dear Ms. Bright:
The purpose of this letter is to confirm the agreement between Aleksander Group, Inc.
(the firm) and Boynton Beach CRA relative to the firm's services as a consultant to Boynton
Beach CRA. The parties agree as follows:
(1) Services. The firm will provide consulting services to Boynton Beach CRA related
to Florida legislative and local government issues, as Boynton Beach CRA may
request during the term of the representation through the following Boynton Beach
CRA representative: Lisa A. Bright. The firm will not provide services to Boynton
Beach CRA under this agreement if requested by any Boynton Beach CRA
representative other than the foregoing representative. Sebastian Aleksander and J.
Blake MacDiarmid ("Approved Individuals") are the only individuals that may
provide services on behalf of the firm for Boynton Beach CRA under this agreement.
The firm will perform the services in a manner that preserves the good reputation and
standing of Boynton Beach CRA.
(2) Term. The representation shall begin on January 15,2007 and terminate on
September 30,2007. This agreement shall thereafter govern the contractual
relationship of the parties.
(3) Consideration. Consideration for the consulting services shall be $60,000.00, which
amount shall be paid by Boynton Beach CRA in montWy increments of $7,500.00,
Page 2
beginning February 1,2007. No expenses shall be paid by or reimbursed by Boynton
Beach CRA prior Boynton Beach CRA approval for the expenses.
(4) Termination. In addition to any other remedies available, Boynton Beach C::RA may
terminate this agreement immediately, by written notice: (a) in the event the firm
breaches this agreement, (b) if the information on Attachment 1 changes at any time
during the term of this agreement, or (c) if the firm does not perform services in a
manner that preserves the good reputation and standing of Boynton Beach CRA, in
Boynton Beach CRA's sole discretion. Both parties may terminate this agreement for
any reason upon thirty (30) days' prior written notice.
(5) Services to Third Parties; Conflict of Interest. In the event that the firm plans to
provide services to any other local government or private entity on Florida legislative
issues during the term of this representation, the firm shall first notify Boynton Beach
CRA so that the parties may discuss whether any conflict of interest exists. If any
such representations now exist, the firm will notify Boynton Beach CRA via
Attachment 1 to this agreement. In any event, the firm will not represent any client
where a conflict of interest with the representation of Boynton Beach CRA may exist.
This would include, but not be limited to, matters where the representation will be
adverse to Boynton Beach CRA or where the representation would require the firm to
advocate or oppose a position contrary to a stated or intended Boynton Beach CRA
position the same or a similar issue. The firm may seek a waiver of the conflict from
Boynton Beach CRA, but the granting of the waiver will be solely within the
discretion of Boynton Beach CRA.
(6) Compliance with Laws; Indemnification. The firm will, at the firm's expense,
comply with any and all applicable federal, state, or local laws, rules and regulations
in performing services under this agreement, including without limitation, laws, rules
and regulations governing lobbying, prohibiting lobbying limitation, Chapter 2005-
359, Laws of Florida, and any rules promulgated thereunder. A copy of any lobbyist
registration so filed shall be provided to Boynton Beach CRA promptly after filing.
The firm agrees to defend, indemnify and hold Boynton Beach CRA harmless from
any claim, suit, loss, judgment, cost, damage, expense (including without limitation
attorney' s fees) or liability arising from the firm's performance of services under this
agreement, including, without limitation, violation of any applicable laws, rules or
regulations relative to the services provided under this agreement, and such terms will
survive termination of this agreement.
(7) Attachment 1; Certification. As a conditions precedent to this agreement, (a) the
firm shall complete, sign, and return to Boynton Beach CRA the certification attached
as Attachment 1 to this agreement; and (b) Boynton Beach CRA must find the
information contained in the certification to be acceptable. If these conditions are met
and this agreement is executed, Attachment 1 will become part of this agreement.
(8) Miscellaneous. The relationship created under this agreement is that of independent
contractor, not employment. This agreement shall be governed by Florida law. This
is the full agreement of the parties. Any amendments to this agreement must be in
writing signed by the parties.
Page 3
We look forward to our relationship under this agreement. Please sign where indicated
below and return a signed copy of this letter to me.
/.
Sincerely,
~
Sebastian Aleksander
Accepted and Agreed By:
Boynton Beach eRA
By:
Lisa A. Bright
Title:
Date:
r
VI. CONSENT AGENDA:
H. UPDATE ON DIVE SHOP LEASE.
~qY~T8~
East Side-West S',de-Seas'lde Rena'lssance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF:
January 9, 2006
I Consent Agenda
Old Business
New Business
Public Hearing
Other
SUBJECT:
Dive Shop Lease Update
SUMMARY: CRA staff continues to work with SplashDown Divers to execute a lease with
provisions for CRA building renovations as well as keep the tenant's business viable. We expect to
provide the CRA Board with a draft lease for approval at the February 6th meeting.
FISCAL IMPACT: None.
RECOMMENDA TIONS:
None.
). a~ 'Jvt
Lisa Bright, Executive DireVV
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 01 09 CRA Board Meeting - January\Dive Shop Lease Update.doc
Page I of2
Bright, Lisa
From: Amy Dukes [adukes@lIw-law.com]
Sent: Tuesday, January 02, 2007 3:57 PM
To: Ryan Copple
Cc: Bright, Lisa; Kenneth Spillias
Subject: Splashdown Divers/CRA lease
/'
Ryan, I spoke with my client today regarding your client's concerns and the current status of. the lease.
First I will address some of your issues contained within your email dated December 29th. Lynn can
keep the compressor that is on site now, until renovations begin. However, that compressor will not be
permitted back on site. If a compressor is allowed back on site, it must be an upgraded, quiet, much
more modern version. At this time, the CRA does not know 'enough to be able to commit to a location '
for the compressor, or the size or type that will be allowed if so. Once renovations are complete (or
before renovations are complete and we have plans), we will be able to work with Lynn on details. I will
revise the lease to this effect and forward it back to you. Also, one important point that Lisa wanted to
raise is that Lynn has not applied for the Development Regions Grant, which is a grant up to $100,000,
which could of course help with the cost of a new compressor among other things. She has been
informed that the CRA can help her with that, but as she knows, she first must submit the required
documentation (tax returns, business statements, etc.). Please find out if she is or is not interested in
proceeding with this grant application. If so, we need to get going on it now as the deadline is fast
approaching this month.
As to your concern with the dive shop and boat slip leases being separate, that is how the CRA is doing
business at the marina. If it makes you more comfortable, we can refer to the boat slip lease in this
commercial lease, but this lease will not serve both purposes. Lynn's slip will be treated like all other
boat slip leases. Also, during our conversation last week, you indicated your client wants to move her
slip to the one closes to the dive shop, but I have since learned that that slip is leased to a boat known as
"HamrTime." Therefore, Lynn will keep her current slip.
As to the term of this lease, the CRA wants this lease to be considered an 'interim' lease just like we
talked about at our meeting. This is not to be the 'long term' lease your client is looking for. The CRA
simply does not know enough now, prior to renovating the area, to be able to commit to specifics or for
a longer term period. After renovations, the CRA will work with your client to enter into a longer term
lease that lays out all the specifics for things like the location of and size of a compressor, the vending
machine, ice machine, etc. etc. In the meantime, this lease actually needs to be shortened and simplified
to just get us through a year and the renovations. I will revise accordingly and send back to you.
For the January 9th Board meeting, staff will be submitting a summary ofthe status oflease
negotiations under the consent agenda. Let's continue to work on wrapping this up so it can be done by
the meeting in February. The CRA wants to work WITH your client, not against her. But she must
understand that the CRA owns the building and wants to begin renovations as soon"as possible to
improve the shop and the surrounding area and she is going to need to be flexible to accommodate
these changes. The eRA is very motivated to get this done and to help your client indeed have the
premier dive shop in the area.
Amy M. Dukes, Esq.
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Boulevard, Suite 1000
West Palm Beach, Florida 33401
Telephone: 561-640-0820
Fax: 561-640-8202
01/0312007
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VI. CONSENT AGENDA:
I. PROGRESS REPORT ON
THE HOB WORK PROGRAM
l~qY~T8~ eRA
ill East Side-West Side-Seaside RenaISsance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF:
January 9, 2007
AGENDA ITEM:
J><i Consent Agenda I -
Old Business
New Business
Public Hearing
Other
SUBJECT:
Progress Report on the HOB Work Program
SUMMARY:
The CRA Board adopted the HOB Work Program in August 2006. Since that time significant progress
has been made as reflected on the attached report. To date, the Work Program has enabled the creation
of 4 new single-family homes in HOB, enlarged the Ocean Breeze site and assisted the CDC with the
development of 24 town homes.
FISCAL IMPACT:
None.
RECOMMENDATIONS:
None, for information purposes only.
em ~
Vivian L. Brooks
CRA Planning Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\0701 09 CRA Board Meeting - January\HOB Progress Report.doc
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Proposed Redevelopment Work Program for the Heart of Boynton Community
Fiscal Year 2006/2007
Based on the recommendations of the Treasure Coast Regional Planning Councils FlOB
Feasibility Analysis, the adopted Heart of Boynton Community Redevelopment Plan, and
Board direction, staff is bringing various initiatives forward to ensure that the Heart of
Boynton will be redeveloped in the near future, reduce displacement of current residents by
creating opportunities for workforce housing and encourage the growth of locally owned
businesses.
CRA Staff Project Recommendations
The Feasibility Analysis recommends the following actions to redevelop the heart of
Boynton:
· Create successful catalyst projects to encourage further private sector
investment.
· Use incentives such as financial, density, etc. to spur investment.
· Tie incentives to CRA goals of quality design and affordability.
· To achieve realistic market pricing of $265,000 - $280,000, subsidies will be
required.
1. Provide gap funding to the developer of Ocean Breeze to make 100% of the
project affordable. $1,200,000
2. Acquire property on behalf of the Boynton Beach Faith-Based CDC to develop a
town home project that is 100% affordable (approximately 25 units) with sales
prices approx. $250,000. $ 500,000
3. Acquire property on the west side of Sea crest adjacent to Phase I of Ocean Breeze
and sell to the developer at a discount to create a whole block of development.
$ 500,000
4.
Homebuyers Assistance Program -
$3,000,000
5. Residential Improvement Program - Limit to Heart of Boynton Neighborhood,
up to $20,000 no match required. $ 400,000
6. Contract with CDC to Administer Residential Improvement Program
$ 25,000
7.
Cherry Hill purchases - 7 properties
$1,000,000
8. Community Improvement Grant - Youth program to assist with the maintenance
of the community. Youth will receive a stipend. $ 25,000
Page Two/Heart of Boynton Work Program
9. Urban Housing Infill Program-Single-family infill west of Seacrest
$1,800,900
TOTAL $8,450,000
~qY~T8~
East Side-West S'lde-Seas'lde Rena',ssance
PLEASE NOTE:
The attached document is the replacement document for the following
item.
Consent Item J:
RFQ for General Contracting or Construction Management.
BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY
REQUEST FOR
STATEMENTS OF QUALIFICATION
r
For
General Contracting or Construction Management
to be provided on an on-going and/or rotating basis
Background:
The Boynton Beach Community Redevelopment Agency (CRA) is seeking statements of
qualifications for qualified general contractors or construction managers for
preconstruction and construction services to be provided on an on-going and/or rotating
basis. Services desired include, but shall not be limited to, preconstruction cost
estimating, constructability analysis, and value engineering as well as construction and/or
construction management.
The CRA guides redevelopment activities that will create a vibrant downtown core and
revitalized neighborhoods within the +/- 1,650 acre district in eastern Boynton Beach.
Since adoption of the Boynton Beach 20/20 Redevelopment Master Plan in 1998 and
component strategic plans in subsequent years, the redevelopment area had grown
physically and tax increment revenues have also grown tremendously.
This physical and fiscal growth has enabled the CRA to undertake and complete projects
such as the Boynton Beach Boulevard Extension and Promenade. These projects feature
the extension of Boynton Beach Boulevard, a pedestrian and vehicular gateway linking
the Promenade to the Marina area and the Promenade pedestrian element leading
pedestrians past "Pete's Pond" Park eastward along the marina boat slips to the
Intracoastal Waterway.
This area provides the community an events area with permanent public accommodations
such as restrooms, water fountains, temporary stage areas, trash receptacles, shade and
seating areas. The area has several sites for public art to add attractions along the walk
with shade created from imitation "sails" of fabric providing comfort and visually tying
the Promenade look to the adjacent marina.
Other projects include the CRA's recent purchase of the 1927 High School in the Town
Square area and the Two Georges Marina along the waterfront. In partnership with the
recently selected Five Towns College from Dix Hills, New York, the CRA will help to
transform the Town Square area into a vibrant center of civic, cultural and recreational
uses as a western anchor to the downtown core, which now includes the City's WiFi
system. At the eastern end of that core area, the Two Georges Marina area includes a 24-
slip marina and office, and will ensure residents public access to waterways for
generations to come.
The CRA is also committed to affordable housing. The CRA has recently launched a
down payment assistance program to put homeownership within reach for local residents.
Up to $50,000 in interest free down payment assistance is available to qualified
individuals and families trying to buy a home within the redevelopment area.1 This
program is funded using State Housing Initiatives Partnership funds and is admiriistered
through the Boynton Beach Faith Based Community Development Corporation.
Future City/CRA projects include public improvements to Wilson, Intracoastal and
Jaycees Parks, as well as the Town Square area. These projects may include public
buildings, landscape and hardscape improvements intended to enhance the public's use of
these areas. In addition, the CRA has recently approved a master developer to negotiate
for the Heart of Boynton project which will include construction a mix of commercial
and residential uses with complementary public improvements needed to support the
private development.
In order to accomplish the numerous public improvement projects that are being
considered it is the CRA' s intent to select a maximum of three qualified general
contractors or construction managers (GC/CM). The CRA intends that contractors or
construction managers selected will provide on-going services on a rotating basis or other
basis as determined at the sole discretion of the CRA. It is anticipated that construction
projects on which the selected GC/CM may be asked to provide preconstruction and
construction services would include, but may not be limited to:
· Upgrades, reconstruction or new construction of underground and/or overhead
utilities, including undergrounding of existing overhead utilities;
· Upgrades, reconstruction or new construction of roadway and storm drainage
improvements;
· Streetscapes including but not limited to enhancements to pedestrian
improvements such as decorative paving, pedestrian lighting, landscaping, street
furnishings, and street graphics;
· Renovations, reconstruction or new construction of public parks and related park
improvements including but not limited to landscape, hardscape and public
buildings such as restrooms, pavilions, etc.;
· Renovation, restoration and/or remodeling of existing buildings of an historic
character;
· Renovations, reconstruction or new construction of residential structures for
affordable housing purposes; and,
· Other projects at the sole and absolute discretion of the CRA.
Preconstruction and construction services that may be needed include, but may not be
limited to:
· Cost estimating. Throughout the design process for conceptual plans, preliminary
designs and construction documents as may be prepared by CRA design
consultants, the GC/CM would provide construction cost estimates for budgetary
purposes as well as for construction.
2
· Constructabilitv analysis. Throughout the design process for conceptual plans,
preliminary designs. and construction documents as may be prepared by CRA
design consultants, the GC/CM would provide analysis of the various aspects of
the designs to ensure that the projects are constructable in accordance with the
CRA's development program, and/or identify construction issues and' make
recommendations for adjustment.
· Value engineering. Throughout the design process the GC/CM would provide
detailed evaluation of the proposed preliminary designs and construction
documents and make recommendations on appropriate changes that would ~ssist
in controlling project costs.
· Construction and/or construction management. GC/CM will be responsible for
construction of improvements including but not necessarily limited to the types of
projects described above with the specific scope of work, method of contracting
and compensation to the GC/CM to be determined at that time.
The CRA will consider statements of qualifications from firms offering services on a
single category of services as well as combinations of any or all services noted above.
Statements of Qualification
Interested firms shall provide the following information in the following format:
Section I - Cover letter - Section I shall include a cover letter which will provide a brief
summary of the firm, what category(ies) of services the firm is desirous of being
considered for, and who the principal point of contact will be for the services. It is the
desire of the CRA to have one (1) point of contact for any and all services.
Section II - Firms qualifications - Section II shall provide a detailed description of the
firm in relationship to the services being offered. This section shall include:
· A detailed description of experience and qualifications for the services being
offered including but not necessarily limited to:
o Years providing the services being proposed.
o References for similar services being proposed.
o List of projects.
· Organizational chart listing the principal point of contact, key professional staff,
and other key support staff who are anticipated to work on CRA projects, and
illustrating how the company is organized to provide the services being offered.
· Any licenses, certifications or other related professional credentials held by the
company, including a certificate of good standing from the Secretary of State,
Division of Corporations.
· Information on professional liability, workers compensation and other appropriate
insurances carried by the company.
· Bonding capacity.
· List and description of any outstanding claims against the company.
3
· List and description of any projects from which the company has been relieved of
duty.
· Other appropriate information as determined by the company.
r
,
Section III - Key personnel Qualifications - Section III shall provide a detailed
description of the individuals and their qualifications in relationship to the services being
offered. This section shall include:
· A list of each person anticipated to provide service for the CRA under. this
solicitation and their relevant experience including:
o Education.
o Years of experience.
o References for similar services being proposed.
o List of projects.
o Any licenses, certifications or other related professional credentials held
by the individual.
o Other appropriate information as determined by the company.
Companies which offer their services for any category of service noted above
acknowledge that the personnel described in their statements of qualification are an
important component to selection. Further, it is the obligation of any firm selected to
immediately notify the CRA if one or more of the key personnel become unavailable to
work on CRA projects on either a permanent or temporary bas.is. Removal, replacement
and/or substitution of any key personnel may cause the company to be disqualified from
providing service to the CRA at the CRA's sole and absolute discretion.
Section IV - General Business Terms - Section IV shall provide the general business
terms under which the company typically provides services. Those general business
terms shall include:
· Typical method of contracting - the company shall provide information on their
typical method of contracting for preconstruction and construction services, and if
the company utilizes standard American Institute of Architects (AlA) contracts.
For preconstruction services, companies offering their qualifications for
consideration agree to provide services, as appropriate, under the following fee
structures:
o Lump sum fee. When a scope of services can be clearly outlined and the
level of effort for those services can be determined, the CRA shall require
the consultant to perform said services for a lump sum fee based on an
anticipated level of services applied to the hourly rates required herein.
o HourlylNot-to-Exceed. When a scope of services cannot be clearly
defined in terms of level of effort or the level of effort of a defined scope
of services cannot be precisely defined, the CRA will consent to an hourly
billing on a not-to-exceed dollar amount basis. The CRA will require that
when billings reach 75% of the not-to-exceed amount, the consultant must
4
notify the CRA in writing and provide an estimate of the level of effort to
complete the work assigned. At the CRA's sole and absolute discretion
the services may be allowed to continue or the CRA may elect to
terminate the services and the firm if sufficient progress has ngt been
made on the project. '
Construction services companies offering their qualifications must acknowledge
that it is the CRA's preference to utilize methods of contracting including the
Cost Plus, the CM at Risk with a GMP or negotiated contract.
· Contract form - the company shall provide their standard form written contract
which is used with other similar construction services. The CRA shall consider
the standard form and at the CRA's sole and absolute discretion may reject or
revise certain provisions if they are determined to be unacceptable, or may
propose its own contract.
· Term and Termination - the CRA intends to enter into agreements with selected
firms for up to one (1) year with the option for up to four (4) annual renewals
subject to the mutual agreement of both parties. Services may be terminated by
either party with 30-days written notice to the other.
Selection Process:
All statements of qualification are encouraged to be brief and to the point. The CRA
plans to review the responses and may conduct interviews prior to establishing a short list
of firms for selection. Statements of qualification will be reviewed, rated and ranked
based on the following:
· Firms qualifications
· Qualification of key personnel
· Acceptability of fee structure for preconstruction services
· Acceptability of contracting method for construction services
The CRA reserves the right to consider any and all information provided by the company
in its statement of qualifications and to accept or reject any or all statements at the CRA's
sole and absolute discretion. Interested parties are required to submit one (1) unbound
original and 15 copies of their statements of qualification on or before 2007 to:
Lisa Bright, Executive Director
Boynton Beach CRA
915 South Federal Highway
Boynton Beach, FL 33435
Timeline:
Publication of Notice
5
V oluntary Pre-proposal meeting for interested parties at XX
am/pm
Proposal packages due to CRA office by 3 :00 pm
Selection of short list of proposers by CRA Board of Dir~ctors
Facsimile transmissions and electronic submissions will not be accepted. Any responses
received by the CRA after 3:00 pm on 2007 will be rejected and returned,
unopened, to the proposer. Any question regarding whether a submittal has been
submitted timely shall be resolved by reference to the time kept by the CRA's
receptionist or delegated representative for the receipt of submittals.
The CRA staff will review the statements of qualification and intends to short list two or
three firms, but may select more or less at staff's sole and absolute discretion. Upon
short-listing, staff may request that its board of directors approve preconstruction services
agreements to be executed with each firm selected outlining the general services to be
provided, the rates of pay and method of providing services. This preconstruction
services agreement will not serve as a notice to proceed but will provide the basis for
future notices to proceed on specific projects. Specific projects will be contracted for
only after funds are appropriated (as needed) and a written notice to proceed is issued.
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 brooksvi@ci.boynton-beach.fl.us
Telephone: (561) 737-3256
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.
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, F.S., The Public Records Law.
Information and materials received by the CRA, in connection with a submittal shall be
6
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, F.S. lfthe 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. "
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
the proposal.
7
CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM
I certify the firm of 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 violatioJ;ls 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:
Date
Name & Title (typed)
8
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VII. PUBLIC HEARING:
OLD BUSINESS
NONE.
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VII. PUBLIC HEARING:
NEW BUSINESS
NONE.
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A. APPROVAL OF AN AGREEMENT WITH THE r
BB FAITH-BASED CDC TO ADMINISTER THE l!
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From:
12/2012008 10:18
1119 P.Olri!/Ol1
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Ilfl~T8~ eRA
. ill East Sido-Wtost Sido-Seasldo Renalssonce
BOYNTON BEACH eRA,
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF:
Janumy 9, 2007
AGENDA ITEM:
I Cou.t Agenda I X Old BuIlD... I
New -m...
Public HeariDg I
Other
SUBJECT:
Consideration of an A&reement with the Boynton Beach Faith-based CDC to
Administer the Residential Improvement' Grant.
SUMMARY: The eRA Board adopted the Heart of Boynton Work program. One component of
the program is the Residential Improvement Grant Program. The program will be targeted to the Heart
of Boynton neighborhood and can provide up to 520,000 per residence for both interior and exterior
improvements. Under the attached proposed agreement, the Boynton'Beach Faith-based CDC will pre_
qualify applicants, work with the City's Community Improvement Department to develop improvement
specifications and process invoices for payment.
FISCAL IMPACT:
The CDC will receive compensation for processing the applications at the rate of 15% of the value of the
work completed on the residence, not to exceed 15% ofS20,OOO.
RECOMMENDATIONS:
Vivian L. Brooks
eRA Plannb1g Director
'on.
Approve the Agreement for Residential Improvement Program A
~~C~
T:....GENDAS. CONSENT AGeNDAS. MONTHLY REPORTS\C~ Agendaltiem Request Forme by Meetlng\FY 2006-2007 BoaR! ','
Meellngs\D701 09 eRA BOMl u..q . JcInuary\RQldenlallmprlMment Grant Adm.doc
DEC-22-2006 11:05 From:
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To:4098~2419~000~737325 P.16/30
12/20/2008 10: 19
Ins P.DD3/017
AGREEMENT FOR I
RF...4UDENTIAL IMPllOYEMENT PROGRAM ADMlNlS'rBAll0N
:. . Thill Agreement fbr R~;denda1lmprovcmem Program ('" A&reemcnt") is
~tered. into this _ day of . 2007, by and between:
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public
9.&C1lCY crearcd putauanl to Chapter l(U. Part m, of die Florida SWums C'CRA .), with
a business address of 9tS South Federal Highway. Boynton Beach, Florida 33435
And
BOYm"ON BBACH FAITH BASED COMMUNITY DEVELOPMENT
CORPORATION. a P10rida Not-lor-Profit Corporaticm ("Admb:dlJtratott), with a
b1lliDes1s address of P.O. Box 337, Boynton Beach, FlorWa 33425.
RECITALS
WBER.BAS, the CRA ~gnizes that the safety aod wfllfnre of the City Qf
Boynton Beach eliCit)'") Wpcmds UIl property OWIICrS making repairs and improvcmenm
to their residelltial.property; (m(i
WHEREAS. the eRA recognizes that the expense involved with alrJn.e
neceaaary raparirs and bnprovements to re!lidentia1 property can often be prohibitivtj
and
WBER.BAS, as a remit. the eRA hu imple.Dented the J'tesidemia1 Improvemem
Grant Progmm to provide financial assistaJx:c to exiatiJJg residendal PlQporty OWDCrS in
the Heart ofBoymon Beach ("HOB!;) as set tortb 1n (be HOB Map assooiated with 1lw
IlesjdAntjld Improvemmt Grant Prosram Guidelines which is attached hereto as Exhibit
"A II; and
W'HEREAS. at the JamJar)' 9, 2007' meeting, the CRA Board of Direl;tors
approved eoDtractma with the Admfnillh'fltor to administcc the ReBi~ Improvement
Chant Progmm Guidelines.
NOW THEREFORE. in. consideration of the mutual promJaea. cove:awtts and
a~ herein comainlld and other good aDd valuabJt, comjderadon. the receipt of
which is bereby ack:Do\VJ~ed. it Is a2fCCd. herein betWttn tJm parti~ aa follows:
8eo1lon 1 ReeitalJ. The foretoing reoitato IU'! ttue am correct at the time of the
execution of this Agreement and are incorporated. b~lu.
",*,U 2 EffeeUyo DatJ&. l'bi8 Aareement shall be effective on the date the wt
party to sip executes this Apement ("1U'tectJve Datelt).
"
DEC-22-2006 11: OS Ft'om:
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12nn/2DOB 10: 18
1779 P. 004/D17
~don 3 . Scope. Adminislcn' agnx:s to ova~ am administer the Rersid4m1ia1
~rovement ProSl'alD implemented by the CIA by assisting the CRA with qWllifying
" ~:.. ap,plieants for thl,'l Re8id~al Improvement GraJtt Pmsmm per the general guidelines
set forth below and more specifically described in Exhibit II A ~ (Prosrazn Guidelines)
attached hereto: ,
r
(a) Marlcot the progran\ to HOB residents through flyem, mailings,
meetiDga, etc.;
(b) Submit application packages and ~ for funding;
((i) Upon approval of appllcatloll&. coordinate with the City's Community
IrDprovGmem J)epartme11l to create spee1flcatiODl for improvement and
secure CODtrBctorl:l to wmpJ* improvements ;
(d) Monnor propess of improv8ll1eIWi;
'(o) Emun that work is complete: per City building ~ and per Bgmementll
with eontractora;
(t) Ensure thai: 1M City approves and signs off on permit9 as J1eeOI5U}';
(&) Submit aU backup ~tcrial to CRA iIIc1uding pcnnlrs, inspection
approvals, bills from cot1tl:'8Ctc.'ml/luppliers, etc. for reimbursemem.
~ 4 Adndnllltratorfll~~POllllblllties.
1. Upon cxcMion of thia Agreement, Administrator shall provide to CRA
evidence that tile A~tratoJ:'5 status as il qualified Cnmmnmty HOWlq
DfNelopment Organization &hall be in effect tbtovdlcut the term of'd:a.ti Aetcctmnt.
2. AdmitiUtrator IJb.all e<mduct a rainimum of four (4) residential
iaJprovemeD1 worbhop~ thtou8hout the teml of thhs Agreement. Prior to each
workshop, Altmj-nillttafOt Bhall not.ify the eRA of the dates of the worQJwp a.od after
each worbbop. Administrator shall stJbm1t to CRA copies Qf the 81&&-10 8heeU from
such workshops. Sip-in shes shall include the name, address BDd phone DUmber of
ea.ch worbbop participam.
3. Administrator sball be 1'eepODBible for suhmittiDg a report (based on the
format provided in Exhibit tfB" attached heretO) to theCRA on a q~.tIy basil,
calculated from tI:le Effective Date of this Agreement. The report abaij be due by tlre,
1 ~ of tile month that it i8 due.
Section S Term. This Agreemem shall be effective for OM year from the
Efteotivc Date..
SecdOD , Comoenaatiq~. A pmceB5bJs fee of 1 S" of the value of the work
completed !ball be paid to 1heMmtntAtralot upon the complwon of the work and
rcteipt by the eRA of a release of lieD by the co~(s).
2
:'31'
DEC-22-2006 11:05 From:
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Ins p, 006/01 7
Sl:ctioo 7 Ncrn.~tioa.. Mminilltrator ag.r~ that no person sball, ou the
grounds of race. ~lor. disabi6ty, mttouJ oripl, religion, age, familial s_, tlex Ot
sexual orlontation. be ex,eluded 1i'om the benefits of, or be subj~ to di~rimination
...,-~ UDder any amvity carried on by the Administrator, i18 aub-contraQol!l, or 8geDb, in the
performance of t:his Agreement. Should such discrimination occur. the CR.A will
provide DOrice to the Admin~tr.tor that it claims there bas been 8 breach of ibis
condition aDd thenafter, Admiai&trator .haII have fIfteen (15) business days to'demand
a.rbitradJ;m u to the c1aJm of dial:rimiDation. The Parties wllllhen mmually agree h1
w:ritb:Jg to an ubitmtor aDd if they f;lIUIOt agree, die rules of the Americ.m Arbitration
Association will govem. The arbitration will be govemed by the rules of the American
Arbitration Asso;iatlon regardless of whether an arbitrator is Il..sr=l upon by the
parties. This arbitration shall be imlepeDdeDt of any other actions being takr;n by other
governmental agencies. However, a findiDg by any age&::}' or COUrt that such
discrimi1'1atiOll has occ:umd may be roli~ upon by die CRA u concluaive proof of a
breach of this provision, provided such findJng Is flDal and DOt appealable. If the
AdminiBtntor docs not demand arbitration within fifteen (15) buainess days, or if
arbitration is CODducted and it is determined by the arbitrator that dlaeriminariOD ha
occurred, the eRA shall have the fisht to tcnninatc tbJs A.3tcement and pursuo lID)" and
all ocher 1awf'u1 remedies. The 00Ilt of such arbitration sbaIl bo borne by ate non.
prevailing party. Such nQn-prevailq party sball ba detcruli.nl:d by the arbitrator.
Seedon 8 CODVieted Vendor UIt, At, pmvided in Sectious 287.132 _ 287.133,
Florida s~, by emcrint into IhiB Agreement or performins :my work in
:futtbmmcc hereof, Administrator certifies that it. and its affiliams, COIltractors.t 8\J.b-
conttacton or agents who will perform hereunder. havlli not been placed on the
('..(lDvicted VeudOf List mai11tBined by tbe State of Florida Department of Management
SetVices Within thirty-six (36) months immediately Preced1D& the date of this
Acreement.
SeeUon 9 IDdemnIBc:.tlo..!!. The AdmJ4i&tratot ahall indem.u.lfy, dCllftmd, save, and
hold hatmle&$ thcl CRA, their elected officers. a,gents. and employees. from a.ay llU.d aU
claims. damages, losses. liabllim:a, aDd eJtPeGl;G, direct_ indirect or consequential
arising out of, or alleged to have arisen out of, or in COIDequenoe of the 8ervice8
fumished by or opcmtion, of tho Administrator or his subcontractors, agents, offJeers.
employees or iDdepe.tuiont cantrBDtors pur8uaJJt to the AgrMmO~, specifigally
IncludiDg, bvt not limited tOt those caused by Or arising out of aD}' Intentional act,
omission. negligence or default of the Administrator arJdJor hJs Subco~tor8, agents.
servants or emplO)'~ in the provision of services UDder this Agreement.
SedtoD 10 Nodce. Whenwet either party desires to live notice to the other party
as requiml UDder this Asreement, it must be given by wti\U)n notice sent by (i) !wid
delivery wid1 a slg,ned receipt; eii) by Zl recogaizcd national courier service; or (ill) by
Certijicd United States Mail, wftb retu1'n .NC*ipt ntquested, addressed. to the party for
Whom it is imended, a~ the place last ~ped1ied, md the place for givlD& of notice shat1
remain such until it shall have been changed by written notice in compliance with the
3
~; .
DEC-22-2006 11:05 From:
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12/2"/2D08 1D: 18
#779 P. OOO/OH
provUions of this Paragraph. For the present, the parties designate the folloWMg 88 the
' respective placei for giving of notIce, to wit:
'.
'';~~.:
If to the eRA:
Boymcm Beach Community
Re.devclopment Agency
Attn.; Lisa Brigbt, Executive Dinlc:tor
915 Federal Highway
Boymon Beach. Florida 33435
With copy to:
ltem1etb G. Spillias, Baquire
Lewis, Longman & WaIkct. P.A.
1700 Palm Beach Lakes Blvd.
Suite 1000
West Palm Beach, Florida 33401
Boynton Beach Faith B~
Commtmity Development Corporation
PO Box 337
Boynt.OD Beach. FL 33425
If to AdmiDistrator:
Every notice shall be effeetive on the date ac1ually rec.elvt.d. u iIJdicated on tbt receipt
therefure, or on dle date de1ivel")" thereof is refused ~ the Jntendtd recipient,
Sec:IIOD 11 Gt:nel1ll fnm&lollS.
A. BntiJc N:nHm1CI1t. The eRA nrd the Adm1nf8trator agree that this .
Ag~ scm forth the entf.re Aereement ~twccm the parties and that Ihere are no
promises or Wldorlltandi,,!s other than those ".taU;:d herein. . None of the Provisions,
teJ:ms and condttfons eontAmed in the Agreement mAY. be added to, modified.
superseded, or otherwise "ahmed, ~ by written iD.S~ CQu:coted by the paItiea
heretO .
B'. Exhibits. Each Exhibit mcrmd to in Ibis A2lCCment forttm an C!S.Sent1aJ
part of this Agreement. Any eMmim not physically at.tac;hed shall be treated 115 pan of
t1W Agreement and are incorpomted herein by reference.
,
C. Savembility. If any p.rovialon of this ~Dt or applicatiQll thereof to
any perso.l1 or situation shall, Co any Qtcmt~ be held mvalid Dr UMJ:Itorceablc, the
remainder of this AgrCCD1ej1t. ~ the application of ~ch provisiaQs to perllOIlB or
sit"allt:ions other them th08e 15 to wb.i~ It shall have bcc:n held invalid or 1.JIleIJt'olceabl~
shall not be affected thereby, uid shan eoftl:inue in faIl force a.fid eltect~ 'and be
enforced to the fullest extent p~ttcd by Jaw. '
D. Heac1ines. The Headings herein are fur conve:ai1D.C;e of reference only
and IhaII mt be COtl$idered in my intcrp.retatian of this Arrcement.
4
'.
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ITIS P,007/011
r
B. Attorneys" Fees. Should it be nea::$8ary to bting an 8Ctionto omorce
any of the provisions of this Agreement, attorneys; fees and coats, including those at an
. L, appellate le-ve1, /Jh.U be awarded to tho prevailing petty,
F. Jurisdiction and'Venue. By the ~ecutitm of this Agtemnont, the parties
~ressly consent to pelSOlJal jurUdi~D. of Florida StBte CourtS. ilnd venue in Palm
Bucli Cowrty. Florida, for the limited PlJJ,'paie of liJigating a di~ arisll3g out of this
Agreement.
G. Govemlftl Law. This Alreemmn shall be sovcnuxt under the laws of
the State of Plorida. .
H. Modiftcation. Th1a A&reement may be modi.f1ed only upon mutual
written coIJSeIIt of all part:i.ei.
t. !t.ss~emmeD1s. This Agreetne1U may DOt he signed without written
~ent of the CRA.
J. B~ AuthorilY. Each party hem,y l'q)leS8Dts 8lJd wB.m1l\t8 tn the
other that each person execwing this Agreement on behalf at the CRA and
Administnd:or (or in IUlY roprescntative "paci.t)') as applicable I has fUll right and lawful
authority to execute this. AgMmnMlt and. to bl11d and obligate tbe party for whom or on
whose behalf he or she is signing with respect to all provi&io.n& contamed. iil this
Agreement.
TIlE REMAINDER OF TInS PAGB INTENIlONALLY LEFr BLANK
s
"
DEC-22-2006 11:06 From:
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'2/20/2008 10: 19
IT79 P.ODB/D17
;';';"..:..
IN WITNESS WHEREOP. the parties hereto have entered this Agrnment on
the day and year first above written. '
BOYNTON BEACH COMMtJNITY
REDEVELOPMENT AGENCY
By:
(Witness)
Print Name: Henderson Tillman
Its: Clairperson
Date;
"BOYNTON BEACH FAITS BASED
COMMUNXTY DEVELOPMENT CORPORATION"
By:
Print Name:
1tI:
Date:
(Witness)
1:\CIiII;u1 ~ ~ cu.\141~1IhII:t In /l.dmiDiIter ~ ~1IZiII 1'mpIQvmIIIlIIt
P\'OpII.dac
6
"
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'2/2n/2006 10: 19
1779 P. DIII/D 11
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p; XN b,~ "1\"
Heart of Boynton Resldentlallmprov,ment Grant PtOgl'i1lm
Quarterly Report
"i..;._ Date:
Comp~8btd By~
AcUvm81 Conducted Thl8 P<<lod
1 Markellng:
2 Infonnltlon Provided to Potential Clients (Name and Addriau)=
3 Processing of Applicants:
At Sublt'liaaian Qf Appli~tione to eRA:
6 Improvement Speolfioatlons ComplMad by Applicant Name:
8 Confnlctora Secured by AppIlcilnt Name:
7 Improvements CDmpleted lbi. Quarter B)' Applicant Name:
8 other Actlvttlee:
. ,.
DEC-22-2006 11:06 From:
from:
To:4098~2419~000~737325 P.23/30
12/20/20DB 10:19
#779 P. D 10ID 11
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DEC-22-2006 11:06 From:
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IlflY~8~CRA
II East Sldfl~West Slde-Seaside R.enamAnce
. "!...:;;
2006/2007
HEART OF BOYNTON
RESIDENTIAL IMPROV~MENT GRANT
PROGRAM GUIDELINES
The following guidelines are intltndcd to define the extent and scope of tt)e pl'Q9ram. The
purpose of the program is to a:ssist property OWners with the improvement of th$ir exl8t1ng
r8SktentJaI property. The. geals or the program a... to stabilize the community, allow
r8Bidents to ramal" In their properties. bring propertJ8$ up to current building eode, improve
and upgrade th$ app"al'&nce of the ares. and facilttate and encourage rede-.lopment
activity In the Heart of Boynton community.
The *!IJowing gl,lid9U"", ~re applicable to this program:
1.' The program is available only fer property Io~~t$d within the Heart of Boynton
neighborhQOd. See attached HOB Neigh~Drhood Map.
2. The program Ie for existing residen~1 propertJe&. Rental or income properties are
e~lble If there iI~ no outstanding City or County cade enforcQm$nt or other liens on
the pro~l'ty. Applicant must supply proof of ownership by providing a Copy of the
recorded warranty deed I
3. The maximum grant amo~nt i8 $20_000 per resldenc:El~ OwnenJ of properties th:1t are
not owner occupied must provklea dollar for dollar match, proor of match must be
submitted to be eligible for reimbLlI'$$m9nt.
4. ewoera of rental properties must 51gn an agreement that renal rents on improved
units will not increase more th;m ,% for the two year period fQflowfng completion of
the improvements.
5. Eligible Imf)(OVerTlents for this progl1lm InclUCIe:
· FQ9Qde reoona1ruction and/or srchitecturallmprcvements:
· Painting, l!'lterror and exterior;
. HI,lrrlct1ne shutters;
· AWflir'lga/Qlnopies;
-0001'8 (Interior and extBrlor) and windows (repair and/or replacement);
. Landscaping;
. Irtfgatlon;
· Driveway re-paving andfor re-seallng;
· e~riorlighting;
· exterior wnD repairs (e.g. stucco, brick or wood repairs and replaeemGftt);
A~n 8Noh Comnunitv Redevelopn.nt Ageooy
HOB ResidMtilll ~.Ilt Gfant Applraatlan
~ D!lr.!DJ06
,
,
DEC-22-2006 11:06 From:
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12I2n/2008 10: 19
1179 P.012/017
· Roof "'P8lr or I'9pllcsment;
· Electrical $)'Stem upgrade, including security alann system8;
· Plumbing system upgrade. Including bathroom fIXtures:
· Repair or replaeement 'of air COnditioning sy&t6mj
. :::.., - Drywall repair Or r'eplacement;
· AI1&t"8t~na to m8ke the home handicap 1llcces8lble;
· Repair or replacement Dfkitchen cabinets, sink. Illpplianoes,'etc.
· Removal of debris;
· COrrection of code violations.
· Permit fees.
e. All work muat be In oompli~mco with applicable Boynton Beech Buildine Cod. Bnd
rail contractors must be licensed In Boynton Be8ch and/or Palm Beach County.
T. App"eant$ ehall not have an Incame greater than 120% of Palm Beach County
mQdlan hOU98hold Income relative to family size. Applicant ahaD submit Income tax
returns. W-2fs, etc. to verifY 'neome.
8. Appfican~ must apply for the prograM through the Boynton Beoeh Faith Based
Communfty Development Gorp. (eDe). If the grant application I; Qpproved,
adm;nmtlon of the grant shaD be through the Boynton Be~c" Palth Based
Community Development COrp.
9. No work to be covered by eRA grant funds may begin prkJr to the approval of the
grant application by thl!l eRA Board and exet:ution of grant ag~nt.
10. Th. Residentiallmprovsnent Grant program may only be USed one time in a five year
period for anyone property. Properly own8", may ",-apply for additional grarrte any
time after five years from date of prwlous grant approval.
11. ~PPLlCATION IO T.HJS PROGRANJ IS NO GUARANTEE OF:' FUNDING~FUNDlNG
J.S..AI.l1iE SOLE DISCRETION OF THE eRA BOARQ..
APPUCATION PROCESS FOR RESIDENTIAL FAQADE IMPROVEMENT GRANT
PROGRAM
1. An applicant seeking a grant miilY secure &" application from the Boynton Beach
Faith Based CDmm~nity Development Corporation, located at:
2191 N. S8acrest Blvd.
Boynton Beach, FL 33435
5e1-"~2-0303
Office hOUri Monday - Friday 8:00 AM to 5;00 PM.
2. Applicant shall obtain, raid, and understand at! ""Peats 01 the R6SidQntial
Improvemont Grant Prognun and execute the Grant Agreement.
BoylltOl'l Beech Cclnwftunlty ~8lt Agenay
HOD ....lIRntlaIlmpl1Ml1'lM, Qmnt AppIa!Jcn
~Md O8I!!GI08
"
DEC-22-2006 1;.:06 From:
From:
To:4038~2413~000~737325 P.26/30
12/20/2008 10~19
.TI9 P, 013/017
3.
'~" ,
-"
One original application unbound and eight (8) copies of all materials are to be
returned by. the 15" of the month prior to th$ ORA Board meeting tQ the 8oynton
Beach Community Redevelopment Agency for review and approval' by the eRA
Board. Applications mUGt be 8ubmitted and properly time stamped to dOcu~nt
. receipt by the eRA.
4. Upon approval, approprtate 9111nt program documantll will be prepared In the eRA
office and the applicant will ~ notified of approva I by the COCo .
5. In most cases, eRA fundu will be paid directly to the contractor providing tnl!l
improvements upon COr\ipletion of work. Verttlcation of c;ompletlon of work shall be
provided along witt) a request for paymQflt to the eRA. The eRA shatl hlave 30 days
to reimburse grant funds.
6. Applicant shall not have In outatending City of Boynton Beach or any other lie",
agai~st their property. In the event that an Applicant has an outstanding City of
Boynton Beach lien 8galnst tile property, the ~nt will not be IIW2rded unal the fien
is satisfied. However, eRA funds may be used to correct COde violations on o~r
occupied properties solely It the discretion of the eRA.
Bclynton ~ 0iImm~ ~Iclpnonl Agency
HOe ~ldlrltllllllnpl'Mm8m GnInt Appllcltloft
Reviled 0IIZ0I08
\,
DEC-22-2006 11:06 From:
To:4038~2413~000~737325 P.27~30
FFI)IlI~
12/20/2008 10~'S
1779 P.014/017
HEARl" OF BOYNTON RESIDENTIAL IMPROVEMENT
GRANT PROGRAM APPLICATiON I
~ 4. Date:
Applicant I.,fonnatlon
Name/s of Applicant/I:
Address of Appficant;
Phone Number:
Cell Phone Numb$r.
E..mail:
Total Household Income (must be verified With income tax returne) $
How many mem~1'$ In your household?
Plea8e list their name5, ages and relationshIp to applicant:
Name:
Name:_,-
Name:
Ag$; _ Relatfonst'!lp:
Age: _ Relation$hip;
Age: _ Relationship: __.
Age: _ Relationship:
Age; _ Relationship:
Property Information
Name:
Name:
Property Control Number. _
Is the Property Hl;1mesteaded? Yes No
Do the i!lpplicants reside In the property to be improved? Yes ~ No
If yes, how long have you lived In the home?
.
Is the prDperty .il nan~l? yas No
BcrinII;ln a..dI Conlt'nulllr RedMopment Aoencv
HOB '-'d.mfIIlmpnMmellt Gttlll Applic:lltltll'1
lWt&ed OBt"ZWU15
"
DEC-22-2006 11:07 From:
Froo:
To:4098~2413~000~737325 P.28/30
12/20/2008 10: 18
#779 P.015/017
Ifye8, is it currentfy occupied? Yes _ NQ_
How many rental units are on th'l) property?
Are there code violationl5 on the property? Ves _ No
What Improvements are you proposing to make to the rvsld.nce? Please list all.
i'
. '':' .'
~ II. J
"
l(We have read the program guid$linn IIi1nd hanJby 8ubmlt this appllo61tlon to, the HOB
Residential Improvement Grant PrOgram. lIWe 8g.... to Elbide by the program rule$ and
Agreement
Applicant:
Applicant:
Print Namt:
--
Print Name:
Date:
Date:
;oynton SMIll COMM&IM:, MBd..~1Tt A9tnoy
t-Ioe tbm.ntllll~m GnIrt AppUcatian
RIlAHcI oar.aOJlli
DEC-22-2006 11:07 From:
From:
1.
'.:... ;. 2.
-..
3.
4.
5,
8.
7.
B.
To:4038~2413~000~737325 P.23/30
12/20/2006 10: 19
#179 P,01G/017
Documentation Needed to Pt'OCUA Application:
Copy of recorded warranty deed.
. C;:opy of proof of home$tead exemption (tax bill).
Copy of homeowners inaurance deoJaration pages (wind, liability, etc.).
Copy of 1I1e last 2 years tax returns for all adult8 living in the rvsldenoe. If rental, a
copy Qf the last 2 years tax returns of owner.
i'
Boyntcln Bei&ah ComItlUllIt)' AedeYelopmllnt AQeIlC)' ,
H(llIJ _lCIlll11a' _lIMrNnt Grant Ap~1\
Rev/eed C8I2.\W8
"
DEC-22-2006 11:07 From:
~r~:
To:4038j:12413~000~737325 P.30~30
12/20/2006 10:20
ttns P.017/017
Heart of Boynton Map
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DEC-29-2006 11:26 From:
To:4098~2419~000~737325 P.2/2
East Side"'West S',do""Seasidl;! Remflssance
BOYNTON BEACH eRA
AG.ENDA ITEM STAFF REPORT'
C~RA BOAR.D MEETING OF: J~nuary9.2006
AGENDAJTF.M:
, I (:~nsent AJ!:~nd~ . I x I Old RII,~i,,~:.ss
New BUSjlll:,~S
Puhlic ne~ing
Other
SUBJECT:
COHsiul;;raliun ol'ETlteril1g into an Administration Agreement wi"h the Boyntol'l
Beach Faith-B2."ed CDe tor the Community Improvcnwnl Orll1u
SUMMARY:
In September 2006, the Rnard adnpted the Hearl of ' Boynton Work P1'OgrillI!_ One of tlW ~umponents of
the. Work Program was the Commllnity Impt'OveU1L:Ill Program. The intellt of the progrmllls to involve
the youth ofthe cummunily in crenting 11 more livable c,omrnunity. The Boynton Dea.cl'; Faith-Based
CDC ha~ proposed to administer the program tlU'ough its Peaceml1kers program which "Norkswilh
neighborhood youth,
The youth will participate in neighborhood clean-ups every two weeks, Participams will e~rn reward::;
based on the hours they volunteer. RcwRrds will be in the l(,rm of savings bonds, gift C!~rds, ete,
The Boal~ of the 1'1'ogrnm nre to inspire respect and stewaro!'lhip for ones community and to beautify the
area.
FISCAL IMPACT:
$26,147 to corne from thl;.~ generall'evenue fund.
RECOMMENDA TJONS:
~taffJ'ecommel1ds approval of the Ad1l1il1ist!'atiou Agreement between lht1 eRA and the, RB Faith-Based
CDC for the Commun.ity Improvement Program.
dkiiJrgljJ
Vivlan L. Rl'Ooks
eRA PJaruul1g Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\CompIC!ul! Aganril'lltem Reque~t Fornl:' by Mtltlllng\FY ~006.2007 Beard
MCL'hllgs107 01 09 eRA BOllrd Meelin!;" Jllnullry\Cnmmllnity Improvement Admin"dolo:
COMMUNITY IMPROVEMENT PROGRAM
ADMINISTRATION AGREEMENT BETWEEN THE BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY AND THE BOYNTON BEACH
FAITH-BASED COMMUNITY DEVELOPMENT CORPORATION /'
This Agreement for Community Improvement Program ("Agreement")
is entered into this _ day of 2007, by and between:
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public
agency created pursuant to Chapter 163, Part III, of the Florida Statutes ("CRA"), with
a business address of 915 South Federal Highway, Boynton Beach, Florida 33435
and
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT
CORPORATION, a Florida Not-for-Profit Corporation ("CDC"), with a business
address of P.O. Box 337, Boynton Beach, Florida 33425.
RECITALS
WHEREAS, the CDC operates a youth program known as "Peacemakers," a
partnership between the CDC and the Poinciana and Galaxy Elementary Schools
located in Boynton Beach, Florida, that works with students in grades three (3) through
five (5) who are referred to as Peacemakers by their respective principals; and
WHEREAS, Peacemakers includes a total of forty (40) students each year
(twenty (20) students from each elementary school), most of whom reside in the Heart
of Boynton ("HOB") area of Boynton Beach; and
WHEREAS, the CDC has requested that the CRA sponsor a HOB neighborhood
improvement clean-up program to be known as "Operation Clean and Green
Neighborhood" to be carried out by Peacemakers under the direction and supervision of
the CDC; and
WHEREAS, at the January 9, 2007, CRA Board meeting, the CRA determined
that Operation Clean and Green Neighborhood fits the mission of the CRA and the
HOB.
NOW THEREFORE, in consideration of the mutual promises, covenants and
agreements herein contained and other good and valuable consideration, the receipt of
which is hereby acknowledged, it is agreed herein between the parties as follows:
Section 1 Recitals. The foregoing recitals are true and correct at the time of the
execution of this Agreement and are incorporated herein.
1
Section 2 Effective Date. This Agreement shall be effective on the date the last
party to sign executes this Agreement ("Effective Date").
Section 3 Scope. The CDC will be responsible for organizing two clean-l,1ps per
month which will be conducted by the Peacemakers under the general guidelines set
forth below and more specifically described in Exhibit "A" (Operation Clean and Green
Neighborhood) attached hereto:
a) Neighborhood clean-ups will be conducted in the Hea~ of
Boynton;
b) Each clean-up session shall last for approximately four (4) hours;
c) A minimum of two (2) adults must be present at all times to
supervise the participants;
d) The program will be promoted and publicized within the Heart of
Boynton; and
e) Rewards will be provided to the youth participants of the
program.
Section 4
CDC's Responsibilities.
1. Upon execution of this Agreement, CDC shall provide to CRA evidence
that the CDC' s status as a qualified Community Housing Development Organization
shall be in effect throughout the term of this Agreement.
2. The CDC shall be responsible for submitting an Expense Report and a
Measurable Items Report to the CRA on a monthly basis, beginning with the first
month the clean-up sessions are held. The reports, which must be completed and
provided to the CRA by the fifteenth of the following month (following the second
clean-up session of the month) during the term of this Agreement, are attached hereto
as Composite Exhibit "B." Before and after photos showing the progress and results of
the clean-up sessions must also be submitted with the reports.
3. The CDC will establish relationships with local venders in the Heart of
Boynton for donations of items including but not limited to ice, snacks, lunches, clean-
up supplies and transportation.
Section 5 Term. This Agreement shall be effective for one (1) year from the
Effective Date.
Section 6 Compensation. The total compensation for the term of this Agreement
is $26,147.00. This equates to $2,178.92 each month ("Monthly Payment"), or
$1,089.46 per clean-up session. After submittal of the CDC's required reports
(referenced above and attached hereto) to the CRA following the second clean-up
session for each month, if the CRA determines that the clean-up sessions were
conducted in accordance with the terms of this Agreement, the CRA shall pay the CDC
2
the Monthly Payment within ten (10) days of receipt of the required reports. If only one
clean-up session was held in anyone month for any reason whatsoever, the CRA shall
pay the CDC $1,089.46 for that month per the terms as set forth herein. If no clean-up
sessions are held in anyone month for any reason whatsoever, the CRA shall/not be
responsible for paying the CDC any amount for that month and shall have the option to
terminate this Agreement.
Section 7 Non-Discrimination. CDC agrees that no person shall, on the grounds
of race, color, disability, national origin, religion, age, familial status, sex or s~xual
orientation, be excluded from the benefits of, or be subjected to discrimination under
any activity carried on by the CDC, its sub-contractors, or agents, in the performance
of this Agreement. Should such discrimination occur, the CRA will provide notice to
the CDC that it claims there has been a breach of this condition and thereafter, CDC
shall have fifteen (15) business days to demand arbitration as to the claim of
discrimination. The parties will then mutually agree in writing to an arbitrator and if
they cannot agree, the rules of the American Arbitration Association will govern. The
arbitration will be governed by the rules of the American Arbitration Association
regardless of whether an arbitrator is agreed upon by the parties. This arbitration shall
be independent of any other actions being taken by other governmental agencies.
However, a finding by any agency or court that such discrimination has occurred may
be relied upon by the CRA as conclusive proof of a breach of this provision, provided
such finding is final and not appealable. If the CDC does not demand arbitration within
fifteen (15) business days, or if arbitration is conducted and it is determined by the
arbitrator that discrimination has occurred, the CRA shall have the right to terminate
this Agreement and pursue any and all other lawful remedies. The cost of such
arbitration shall be borne by the non-prevailing party. Such non-prevailing party shall
be determined by the arbitrator.
Section 8 Convicted Vendor List. As provided in Sections 287.132 - 287.133,
Florida Statutes, by entering into this Agreement or performing any work in
furtherance hereof, CDC certifies that it, and its affiliates, contractors, sub-contractors
or agents who will perform hereunder, have not been placed on the Convicted Vendor
List maintained by the State of Florida Department of Management Services within
thirty-six (36) months immediately preceding the date of this Agreement.
Section 9 Indemnification. The CDC shall indemnify, defend, save, and hold
harmless the CRA, their elected officers, agents, and employees, from any and all
claims, damages, losses, liabilities, and expenses, direct, indirect or consequential
arising out of, or alleged to have arisen out of, or in consequence of the services
furnished by or operations of the CDC or its subcontractors, agents, officers,
employees or independent contractors pursuant to the Agreement, specifically
including, but not limited to, those caused by or arising out of any intentional act,
omission, negligence or default of the CDC and/or its subcontractors, agents, servants
or employees in the provision of services under this Agreement.
3
Section 10 Notice. Whenever either party desires to give notice to the other party
as required under this Agreement, it must be given by written notice sent by (i) hand
delivery with a signed receipt; (ii) by a recognized national courier service; or (iii) by
Certified United States Mail, with return receipt requested, addressed to the pa,rty for
whom it is intended, at the place last specified, and the place for giving of notice shall
remain such until it shall have been changed by written notice in compliance with the
provisions of this Paragraph. For the present, the parties designate the following as the
respective places for giving of notice, to wit:
If to the CRA:
Boynton Beach Community
Redevelopment Agency
Attn.: Lisa Bright, Executive Director
915 Federal Highway
Boynton Beach, Florida 33435
With copy to:
Kenneth G. Spillias, Esquire
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Blvd.
Suite 1000
West Palm Beach, Florida 33401
If to CDC:
Boynton Beach Faith Based
Community Development Corporation
PO Box 337
Boynton Beach, FL 33425
Every notice shall be effective on the date actually received, as indicated on the receipt
therefore, or on the date delivery thereof if refused by the intended recipient.
Section 11
General Provisions.
A. Entire Agreement. The CRA and the CDC agree that this Agreement
sets forth the entire Agreement between the parties and that there are no promises or
understandings other than those stated herein. None of the provisions, terms and
conditions contained in the Agreement may be added to, modified, superseded, or
otherwise altered, except by written instrument executed by the parties hereto.
B. Exhibits. Each Exhibit referred to in this Agreement forms an essential
part of this Agreement. Any exhibits not physically attached shall be treated as part of
this Agreement and are incorporated herein by reference.
C. Severability. If any provision of this Agreement or application thereof to
any person or situation shall, to any extent, be held invalid or unenforceable, the
remainder of this Agreement, and the application of such provisions to persons or
situations other than those as to which it shall have been held invalid or unenforceable
4
shall not be affected thereby, and shall continue III full force and effect, and be
enforced to the fullest extent permitted by law.
D. Headings. The Headings herein are for convenience of referen<re only
and shall not be considered in any interpretation of this Agreement.
E. Attorneys' Fees. Should it be necessary to bring an action to enforce
any of the provisions of this Agreement, attorneys' fees and costs, including those at an
appellate level, shall be awarded to the prevailing party.
F. Jurisdiction and Venue. By the execution of this Agreement, the parties
expressly consent to personal jurisdiction of Florida State Courts, and venue in Palm
Beach County, Florida, for the limited purpose of litigating a dispute arising out of this
Agreement.
G. Governing Law. This Agreement shall be governed under the laws of
the State of Florida.
H. Modification. This Agreement may be modified only upon mutual
written consent of all parties.
1. Assignments. This Agreement may not be assigned without written
consent of the CRA.
J. Binding Authority. Each party hereby represents and warrants to the
other that each person executing this Agreement on behalf of the CRA and CDC (or in
any representative capacity) as applicable, has full right and lawful authority to execute
this Agreement and to bind and obligate the party for whom or on whose behalf he or
she is signing with respect to all provisions contained in this Agreement.
SIGNA TURES ON FOLLOWING PAGE
5
IN WITNESS WHEREOF, the parties hereto have entered this Agreement on
the Effective Date.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Witness
Print Name: Henderson Tillman
Its: Chairperson
Date:
BOYNTON BEACH FAITH BASED
COMMUNITY DEVELOPMENT CORPORATION
By:
Print Name:
Its:
Date:
Witness
I:\Client Documents\Boynton Beach CRA\2419-000\Agreements\Neighborhood Improvement Program Agreement.doc
6
~,x C{... b~-f-(,~ l\ II
"Operation Clean and Green Neighborhood"
Proposed by The Boynton Beach Faith Based CDC
November 1, 2006
The Boynton Beach Faith Based COC seeks $26,147 to implement a neighborhood
clean-up program to be spear-headed by its Peacemakers youth program. The program
would be managed by the Peacemakers manager assisted by the COC's Americorps
member who serves as the COC's volunteer coordinator.
Peacemakers Backaround
Peacemaker's is a partnership between the COC and the Poinciana and Gala~
Elementary Schools. It is a before and after school program that works with 3rd - 5t
graders referred to the program by their respective principals. Peacemakers'
participants range in age from 8 to 11. Each year 20 children from each school, a total
of 40, are enrolled in the program. Virtually all 40 are from the Heart of Boynton and
surrounding neighborhoods. The COC has operated Peacemakers for the past two
school years. Peacemaker's members have participated in Great American Clean-Ups.
Thus, a CRA-sponsored clean-up program fits well into the missions and experience of
the COC and the Peacemakers Program.
Manaaement and Outreach
Peacemakers will conduct two clean-ups per month - either the first and third Saturday
of each month or the second and fourth Saturday of each month. We anticipate that
each clean-up session will be 4 hours, approximately from 10:00 AM to 2:00 PM. In
addition to the current Peacemakers participants former participants (now in middle
school) will be invited to participate and neighborhood volunteers will be recruited
through their respective Neighborhood Associations to perform clean-ups.
Taraet Area: Neighborhood clean-ups will be conducted in the Heart of Boynton.
Supervision and Staffina: A minimum of two adults will be present at all times to
supervise the participants. Former Peacemakers participants who are now in the 7th
grade (about 12 years old) will also playa limited supervisory role. The Peacemakers
Program Manager and the COC's Americorps member (who serves as our volunteer
coordinator) will manage the program. The Americorps member has also served as the
coordinator of our Handyman Program which uses volunteers for yard clean-up and
minor home repair. We will hire two aides (one who will also serve as a driver) and seek
volunteer adults (one or two per session) to help supervise clean-up efforts.
Outreach: The clean-up program will be given an appropriate name, such as
"Operation Clean and Green Neighborhood," approved by the participants. The name
will be used to promote and publicize the program. Flyers will be developed and
distributed to churches located in the Heart of Boynton and to neighborhood
associations. News media will be kept informed of the program through media alerts.
Rewards
Rewards to youth participants will be in the form of gift cards, US savings bonds, and
cash deposited to savings accounts. Youth will receive rewards based upon the number
of hours they have worked each month. They will be paid the equivalent of ,$5.00 per
hour. A big snack or light lunch will be provided as will beverages. In addition to the
financial rewards, certificates will be given to the participants and a fun filled trip, to
someplace such as Boomers, will be scheduled for the youth.
Benefits
The participants, CRA, and the neighborhood will benefit from "Operation Clean and
Green Neighborhood," The major benefit to the neighborhood is obvious; a cleaner
neighborhood that is more pleasant to reside and invest in. Additionally, the program
will help to motivate residents to keep the neighborhood clean. The program would also
motivate the youth participants to keep the neighborhood clean and will help to develop
their sense of community. Additionally, the participants will benefit directly in terms of
learning a strong work ethic.
Measurable Results and Reportinq
The CDC will report to the CRA on a quarterly basis. The report will include a tally of
those items that are measured as well as a statement of which lots were cleaned.
Before and after photos taken during the clean-ups will be included in the report. A
summary of expenditures and sources of other funds or in-kind support will also be
reported.
The measurable outputs will be reported:
. Number of other volunteers
. Number of hours worked
· Number of lots or properties cleaned and
· Number of trash bags collected.
Sign-in sheets will be kept for each clean-up session and other meetings that might be
held.
Community Partners and Supplies
"Operation Clean and Green Neighborhood" will establish relationships with the
convenience stores located in the Heart of Boynton for donations of ice and snacks. We
are planning to seek donations from McDonalds, Subway, and other fast food
restaurants in Boynton Beach for lunches. In addition we will seek to obtain clean-up
supplies from Home Depot. For transportation the CDC will partner with Deliverance by
Faith Church.
Budqet
Rewards for youth will be based upon participation in "Operation Clean and Green
Neighborhood" and the recognition field trip is the largest budget item, comprising over
half the budget. In sum, well over 59% of the funds are projected to be used to reward
participating youth. The next largest category is personnel which include a project
manager and two aides. Other adults involved in the program will be volunteers. All
supplies, clean-up, refreshments and T-shirts will total $2,260. As indicated above, the
COC will seek to obtain most supplies as donations from neighborhood partners.
However, in order to assure that needs are met, supplies are included in the budget.
The administrative fee is 10% of the budget and is the least costly item ~xcept for
transportation.
Item Price Cost
Rewards: 40 children, 4 hours per Saturdav $5.00 $12,800
Field Trip: 40 children, 3 adults, entrance plus food/drink $24.00 $1,032
Subtotal rewards $13,832
Proiect Manaqer: 20 hours per session $17.00 $5,440
Aides/drive, 4 hours per session, 2 adults $15.00 $1,920
Subtotal personnel $7,360
Supplies
Snacks & beveraqe: 40 per clean-up session $2.00 $1,280
Clean-up supplies: $30/session $30.00 $480
T-shirts: 50 shirts $10.00 $500
Subtotal supplies $2,260
Transportation: $10/session van rental plus $0.50/mile $320
Subtotal activity expenses $23,772
Administrative fee $2,375
Total $26,147
BUDGET OPERATION CLEAN AND GREEN NEIGHBORHOOD
Sixteen Clean-Ups 2006 - 2007
e -,< h. '- b \. -\-' v'- \) q
Heart of Boynton
Community Improvement Program
Operation Clean and Green
Report Date:
Reporting Month:
Before/After Photos Attached:
Yes
No
Number of Participants:
Number of Supervisors:
Area Where Clean-up was
, conducted (address):
Number of Trash Bags Collected:
Participant Sign-In Sheet Attached:
Yes
No
Please list the type, number of
awards and names of recipients
granted during the reporting period.
Date:
Name
Operation Clean and Green
Participant Sign-In Sheet
Age
Hours Worked
i'
Heart of Boynton
Community Improvement Program
Operation Clean and Green
Expense Report
I'
Please report all expenses related to the Program.
Report Date:
Reporting Month:
Expenses Incurred This
Reporting Period
(Please list):
Amount
Please List Allin-Kind
or Donated Items:
VIII. OLD BUSINESS:
C. APPROVAL OF A PURCHASE AND
DEVELOPMENT AGREEMENT WITH
HABITAT FOR HUMANITY ROTHMAN
PROPERTY IN CHERRY HILL.
VIII. OLD BUSINESS:
D. MLK CORRIDOR DEVELOPMENT
AGREEMENT UPDATE.
&",,~\.~1:2-
/ ,...,.::.\'~ "'l-
'r."-~~."-'~~.' '
'1~<tY~T2~C RA
iI East Side-West Side-Seaside Renaissante
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
j'
eRA BOARD MEETING OF:
January 9, 2006
I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: MLK Corridor Development Agreement Update
SUMMARY: CRA Counsel made repeated attempts to set a meeting with the developer and/or their
counsel to review the contracts for the optioned properties comprising 29% of the project area.
As of to day's date, CRA staff has not received a response to these requests.
FISCAL IMPACT:
None.
RECOMMENDA TIONS:
Consider additional direction for staff.
Cl-
~
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 01 09 CRA Board Meeting - January\MLK Corridor Development Agreement.doc
From:
12/2D/2D08 11:63
1780 P.Da.!/D14
II~~~ eRA
Ii &It Side-Welt SidoI-Soulde Ranol_
BOYNTON BEACH eRA,
AGENDA ITEM STAFF REPORT
I'
eRA BOARD MEtTING OF: lanuary9.2007
AGENDA ITEM:
Consideration of a Purchase and Development Agreement with Habitat for
Humanity for a vacant lot on NW 12th Awnue.in Chaty Hill
I I CODHllt AI_d. I X I Old BUI._ I I N_ BaIaeI.
PubHe Hearial I I Other
SUBJECf:
Consideration of a Purchase and Development Agreement with Habitat for
HtrrtJaDity for a vacant lot on NW 12. Avenue in Chcny Hill
SUMMARY:
In October, the CRA purchased a vac&Dt lot on NW 12* Avenue in 1he Cherry Hill neighborhood with
the intent of el'eating a single-family affordable home. Board direction was to work with the local
chapter of Habitat for Humaniiy. The attached. proposed agreement defines the development timeline .
and Habitat's responsibilities.
FISCAL IMPACT:
None.
RECOMMENDATIONS:
Afrove the Purchase and DevelopDu:nt Agreement with Habitat fur Humanity for a vacant lot on NW
12 Street in Chcny mIl.
~
CRA Planning Director
T:\AGENDAS, CONSENT AGENDAS, MONTH\. Y RI!PORTSlCompleeld Agenda U.m Reqllellt FOJmI by Me.an~opment
Agreement.doc
DEC-22-2006 11:02 From:
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To:4098~2419~000~737325 P.3~30
12/20/2006 ":53 1790 P.0D3/014
PURCHASE AND DEVELOPMENT AGREEMENT
. This Purdmse and ~c1opmClllt AarcemaIIl ~ "A~t~ Is made and
. '~~~ entered into at of the B:ff'ec:dve n.ta ~ defined), by and between BOYNTON BEACH
COMMUNITY RBDEVBLOPMENT AGENcY, . pablio eamcy created plUlWmt to Chapter;-
163, Part ill, of the Florida Statlbt (I1orcJDIftcr tcgELt:e'.R."') IDd SOtrrH PALM BEACH
HABITAT FOR HUMANITY (h~ "'URCHASHR"lt having an addr~9 of 100 E.
Uttt(m Boulewrd, Suite 203A, Deby Beach, Florida. 33483.
lD ecmsidetldon of the mutual 0GYen8IIts Ihd ~_ herein set forth. the PIl11:i.
hereto ... as fonows:
1. PURCRARP. ANll SALElPROPER'lY. SELLER 8grws to sell IIJ1d convey to
PURCHASER and PURCHASBR. .... to purcba.., azad ICqWn: :&om SELLER, on the tmms
and c:onditions hereInaftet set fcmh, 1ha Pl'Opcrty which consists of O.D; pared loc:eted in Palm
Bc:acb COmDyt Florida (the ..Property") aacl mom plftlcuI8tly described 85 follows:
S. Atladted Ezltlblt "A.".
2, PURCHA..4i:lH WeE ANJ:) fA ~ The Purdw., Price to be paid for the
PmlBty $Iudl be Ten Dollars ($10.00), receipt ofwhicb ill ben:br ~kDowleda=. The P81tiea
agree tbal SELLER it ~ d:!.c hoperty to l"URCHASBR for 1he QODStructiau. of a siDgJc-
family home to be sold to a 1iImily . 0Il'Il below 120% otMc:xtia::n Household Ineome tilr Palm
BCII.eh County. SBLLER has complied wlth Section 163.380, Florida Statn~ tn ptOCeediDg 'With
the sale of the Property m PURCHASER..
3. DE~Qm Not IP,Plicable.
4.. EFFECTIVE DATR 1he date of this AJI'MM-+ (the "Bffectiw Date") Ihall be
the date: whm the lut one oftbc ~.f .'PIt and. PUllCHASBR ba uened the Aereemma
s. .c..LOSING. Tho purclwc, and .:10 1rlmIactian ~pJatcd JH:rein IlialI close on
or before ImUl!')' 26. 2007, (the '-aos1Dl"), 1mIess axteMcxl by other provisiOtQ of this
Agreement or by wr:ttteu:l aareomem.ldpcd by both particlG, C\XfI:ndi"8 the Clos.ina.
6. ~ TO BE CONVB~. At ClOl5bJ& SELf .P.R aball CODV"Y to
PURCHASER., by Wmanty DtMd rDmpJying with the requi.remems of the Tiffe CommitInem
~ dWocd)t valid. ~ marketable aDd ~blc title in fee s1mpJe to the Property,
be aod dear of an)' 8Dd 111 lielUt, mc:umbnlnees, c:oncUtions, muum'l6Ats, tssllCSSD1em&.
restrictiODS and ~ coud!ti.ou cm:ept oDly tbt followiDa (COllecmvely, the "Ptttmitted
Exceptions"): (a) aencm1 ral estate mil aDd ~ 8Bsessmmts for the ysr of CloliDg IIlld
subsequeftt y&!m not yet due 8ftd payable: (b) ~. conditiona, DlUCIDOIdB, dedications.
rights-of-way ilDd matters at rooord includecl QI1 the Title Commi1mau.t or shown on the Survey
(d.cJined in Section 7), to which PlJJicH.A.sBa taiJs to object, QI' Wbioh PtJRCHAS2R, agrees to
aeoept. purswmt to Section 1.1 awl Seetiou. 7.2 hareof.
DEC-22-2006 11:02 From:
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12/20/2008 11:53 1780 P.004/014
PUR.aWIE AGRBEM.eNT
"2 ofl2
1. .lNVHSTIGATIQN OF nm PROPERII, DurtDe the term Of~8 A~
("Feasibility P~ad.t')t p~ GIld, PUllCHASElt!S 1IpZICa, amplO)'Ce3, d~
Contr&o1:.or8, eurvcyors. 'enii"MI'I, ~ ~ aod othm consull8nt8(~Ueative1Y.
MAgen1sn), shall haw'the d&ht at PURCHASER'S ~ to make inquiries of. and meet with
membl!l:l of Governmental. A~ ftlI8Iding the Property iliad. to ClDta+ upon. ~ Propeny, qt
any tittle and :&om time to time ,wlcb. l'CISonabk notiOl;' to SELLER and sa .long IS IBid
invmiptioa do DOt .result in a b~mIDeu int:e:truptUm, to ~ aD.y BD.d all ph)'Bical ~
iDSpeDIiou, end Investiptiou ofb PraMr, iDoluding but DOt Hmited to PhIuJe I and Phase II
Jnvest.igatioD!~ wh(cb ~CHASBR. may cIcscuq neocssary ~ ~ this Feambility Period,
PURCHASER may elee&, fa PUllCIJASER'S sale and absolute dilc:amon. to tctm.inate this
coutract. If PlJIlCHASER elects to toftIimt. 61is Aareemont ~ ~ with this SCl.1ion,
PURCHASER sball: (1) leave the Propelt.)', hi. ~y tho QOIld1t1OJl exiBtins OIIlhc Effective
Dati; subject to 8Ud1 dlstutbance II WI8 reasoDlbly DeCessary ~ coaW:Dient in the tefihtg IDd
invest1aa1iOl1 of the Property; (ll) to flu: mem praeticablc, shall repair iIQd ~ III1Y clam.ge
awsed 10 the Property by PtJRCHASEll'S tmin8 and ilmstigation; Bl1.d (ill) ~ tD
SELLER. at DO cost, all reports 8Dd otba' work ICDCDtallUJ a result of thb PURC8AsBR,JS
testIq ud inwlltiption. PURCHASER _by. I8J'CCS to iDdeamify 8Ud holcl SELLER
barmJess 1rom and apiJ13t ell o~ losaca, expeasesJ demaft(f, and liabilities, 1Dclud.bJa. b\Il not
limited to, attorney's fees, fur DoJJpa)'mezrt fur sarvices rtmdered to PUROIASBll (mcluding,
'Withwt limitetion, any CODStruadon lie118 J'CSUlti:ag ~0uJ) or for damage to pcnom or
pro,perty (lIIubjeat tQ 'Cb.e H:mi1a.tion on ~llity provided abo've) ariRing out of
PURCHASER!S inVeBt9tiOll of the l"ropalr, PURCHASER'S obJiptiaas UDder ~ Se~
shall survive the ~mtioD, expb:atJou or Cloaibs oftbJs Aareemmtt. SELLER, hereby agrees to
indmnni~ and hold PURCHASER harmlesS fiom II1d apiDst all cllliIu. loS&el. ~
demal1d4 and liabilities, htcludiD& 'but not Umitcd to. ~'I fees, fur ncmpayment for
BmVices reu.dcred 10 SBtLHR. or for dAm88Q to pm'IDDS or j)t'Operly (lU"ttject to the limitation on
praotioobllity provided abow) arilins o1It of PUltCHASBR.-S Jnwsti.ption, of the Property.
SELLEK'S obligations ~ this 8cetiou shIll8V1"V1vc 1he termiDati~ expiration or Closing of
thh6 Apemem. Howcwer, SPJ.LBR'S iftdatnnifir~tion obllptions man not mroecd the Btatlltory
IimitIJ provided wlthhl Saan 768.18, F1OJida.S~ II1d eRA cSoc9 not otbctwiso Wliw its
SOV~gn immw:dty riah1s.
7.1 Seller., Do~~ SEttER. shall" deliver to PURCHASl3R. the
foUowi.nS ~ents and insIrumomB within fiw ('l days of 1be Bffeotfve Dak: of this
Aereemeat: copies of any rqx>rt!l or 8tuf;IiI,s (inoludiDg mviromneotal. CDJincarin& ~ys, soil
borings 9Dd other phylical1'flJ;JO$) in SELLER'S poISC8son or conltvl with NiIJ*l to the
phymcal condition of the Property. if any. '
7.2, Title Reviaw. Wltb1n ten (10) days ofthc B&ctive Date, PURCHASBR
sbal1 obtam, at the PURCHASBR.'S exp:laIC, from a Title Cou!pany aho_ by PURCHASER
(hereinaficr ~tle C~my"'h a Tide Commi,t.meIlt covering the Pmporty and prolX>Bins'1r>
inaur8 PURCHASER in . the smoUftt of the Purohase Price subject only 'to the Pcmri1ted
S:Kceptiom. togetbor with OOlD.pkte aad lOiiblo copica of all itJltnlments im:nti:fted. as goadJUobs
or exOOJ)tWm in Sc~1l1, B of 1ho Tktc C.n~ saI.I..Ea, shall axamino the Tide
Ccmmi1mmlt and d$iver wriumt mw:lce to PURCHASER.1lO taler than twenty (20) dayS a:ftcr the
E5e~ Date ~ BELl ER of fillY obJect1oas PlJR.CHASER. has to the oondition of title
DEC-22-2006 11:02 From:
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12/20/20D6 11:63 1780 P.005/014
PUlCHASE AORBItMENT
Pago 3 of 12
'~,
(hereinafter .'PUR.CHASEl.tS TItle ObjectiOllB'"). If JlURCHASBR mils to de.llver
PURCHASER"S Title ObJectiOm to SELLER. wid1JD the) a1Dreai.cl rmew ~ title shall be
deemed a.cceptad. subjDat 'to the Mnditi"11l set f.otth b1 tile ntle Com.mf~ If PURCHAsER
timely deIiwn the PUllCHASER'S TItle 01i~ then SEILER ahall have thirty (30) days
to drn~y A6d ~ good fldth uodt.rtab aU ~ aoU'Yitios to ~ illig mnove the
l'UR.CHASRR.'S TItle ObjectioDl ~ -cure Period"'). In the event that SBLLBR is
unable to ~ and la:DOVe. 01 eau.a to be curecl end reIlIOWd., the PURCHAsER'S Title
Objcetio.ns within the Cure Period to the satislBotion at PURaIA8BR. them PUllCH4.SER., in
PURCHA8ER~S sole BDd abIolute disc=reti.au. an hBn! the optJon of. (i) Qtlmding tbtl Cure
Period aDd the Closma for ODe addi1ional thIrty (30) day period, or (il) acce.Ptina the Title to tb.,
Properly as or the time of ClosJq or (ili) canceHng and. tGrminAti.,. tbi5 A~ in wbich
case. the Deposit lIhat1 be rel1:Ir:'Qed to PURCHASER II1d. the Partie. sbaU have DO 1brtber
obligatlo.os Ol Uabillty hereunder, except for those mr:pressly provided hemin to survive
termimltion of this AarecrncmL
Prior to the Cloaiug, PURCHAsER IhaD have the ti&ht to cause the 'f1tIe
Cumpany to i88lJC an ,~ Tttlc Comm!1:Dum.t \Title Updam-, coveritla 1hc Property. If Illy
"flUe Update: coIlfB.bw any coDditiom whfch did not appear in the Tfdlll Commitment. BDd. !D.JCh.
items teadcr title umnaztotab1e, PlJRHCA.SER shall have the riJht to object to $UCh new or
di:ffilrent c:oDditioDS in writina prior to ~ All dght. IQd objClOtions of the Parties with
~ to objections arlsins :6:om 1:1.., Title Updam sImIl bl die same as objed.ions to items
appcming in the TItJe Commitment. fIIlbject w the pmYisiom; ofthls Section.
7.3 Surv~ RevlMO', PURCHASER. at PURCHAsERt$ ~l DUly obtain
a current bmmdery SUtVe;Y (tho ~\1rVOy") of the Pro~. iDcfi~"8 the number of 8crt8
comprising the Property to tho DC81'Csl ,/loath of an acre. If I:Iu= Suwcy discloses t:Dm'08Chtuentrs
on the Property or that impro~1IlIrtI located theraon =croach on aethack lines, CUrmlm.1S,
lands of others or violate any ~~. covmumtB of tbl$ Aetccmcnt,. or applicable
soYemmCDta1 ~, the lime shall cDDStftuto a title dcfbct ancllha11 be governed. by the
prov{sJons of S<<ltion 7.2 con=nlna tltle objections.
8. CONDmONS TO CLOSING. PURCHAsER ahall DOt be oblipted to close on
the purohase of the Property unless each of the folloq conditica (eolleWvely, the
.'ConcUtions to CIosirag'') ~ ;lther ftdfined or ~ved by PURCHASER. in writing:
8.1 ~Jm1atiODS Af\d W-ntf.... All oftbe ~OCB and. "WIrlaDIies
of SELLER conts1ned 11l this ~ shall be true and cornM:t as ofClosiDg.
8.2 CoDdltitHl ~. The p~ysfw OOIUtitioll of the Property sbaU ~ the
same em. the date ofClosiag as on tbe Eifcotive Date. ~lo we&' and tear ~~.
8.3 ~I)' PmMedmas. At Closh1g. there shall ~ 40 li1iaatiOD or
administrative ago.11Cy or other aov~ prooeedina of any kind whatabavet, peadjng or
tbmitmed. which has Dot been clisc1oRd. prior to doliDa. and acclllpted by PURCHASER..
DEC-22-2006 11:03 From:
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12/2DV2DOS 11;53 1780 P.OOB/014
PlT.RCHASS AOQ:IMENT
Fap4ofl2
/'
8.4' CotDpHilrtQO with !.Iws ~"Retmt.l1nna. The PIoperty tshaU. be in
compUance With all applicable tederatI.1bde BDd 10cal Jaws, ordimau:cs, .rules. regulations, ooders,
requirements. licenses, permits lAd authorizaticms Q of the date of C],osing.
9. CLoWO OO~ The SELLBR shall plllpB.t'e. or cause tQ be pll:plrld,
the ClosUIg Do~~ts Ittrt fbrtb. ill this Sedioil, except mr dooumems prepared by the TItle
Company. At Closir&a, SRI' ~.BJ{ shslJ execute 8Dcl cldiWl'1 or amse to be C)(~ and deli\lelCCl
to PURCHASER the following documents and. iDstnuncnts:
9.1 JaId", A WIltIDly Deed (the "Deed") coIIYeJin8 to P'URCHASBR. valid,
good, IQE11'.btable and iDsumblc fee simple title to the Property free BD4 clear of all liens,
cm:IWbnm.~ and other conditiOD.9 ,oftftlc other tb8n 1he PtmnittedExoeptioDS.
, 9.2 SItl1lr& MfI&\vits, 'sm .feR. sball tUmi.m to P'URCHABER lID QWI!8l'"
affidmt attestins: _ to the best of Ita Jcaaw~ J]() iDdivicfual or entity has any clalm 8&8inst
the Pmpmy 1.'IIldcr the appJiaublc c:oD8Wction HIm law; and that 1hcn: are no psnies itt
poslCSSJDD .of the Pmpmty other 1baa SBLLEk. SBLLER. shall also f\a1sh to PURcHASER. a
nan-fOlOisn affidavit with.reaped 11) 1hc Property. In the cwm SELLER. is 1.bUIble to deliver its
affidaYha refereJad 8bow~ the same all bl.': deemed Ul unet.1red title objection.
, 9.3 ClosinR ~~. A o1oas statamemt IGttiDa forlh the Purchase P1ite.
all cadits, adj1.1stmmts ai1d. J)tOratiDIUI batwecn PURCHASER. and BELLER. all. C06tI aM
~,toO be paid at CIoIinS, and thtJ m:t proOeeda due SBLum.. wbfeh SBLLER shaU alS(!
Q.eculu and deliver at Closing. ,
9.4 Com:ctive n.x:nq,~ DocmnwmJOll required 10 dear title to the
Property ul'allliens. eneumbrances aDd excepI:ioDr.lfatly, otherthau Permitted ExCBptions.
, 9.S Additional Documt'!lih!, Sunh 0Cb.et doaammIIs 88 PURCHASER or the
Title Compaui may reasonably ntque.st th8t SRT.r RR. OXCCll~ umf cleli\IW, 8Dd lIlY othm-
dOClllDOJlt8 required by this ~ or reasozuly necessary in Older to clOle this ttanJaction
and efteotuate the 1Imns of this ~tml
10. PRORATIONS. CT-Mmo COSTS AND C~SINO ,PROCRDUR&
10.1 Pro~MI. T8DJI ,for the Propc:rty sha.ll be protated through the day
hefem Closing. Cash at Closina IhI11 be ~ w dccrcaed as allAy be required by
pmnrdOM ~ be znade tbrough the dJLy prior to Closing. Taxes shall be pror-.J. based upon th.,
euttent year1a tax with duo aIlOWlU:1Ol!l D:UIdc for maximm::n aUowable diseo1mt. If Closiaa OCCum
at a ~ wbco. the current year's millage b J\Qt fixed and cunent )'ei1l"f U8alBkuwJt is available,
taxes will be prorated based upon.lUCh 8BlesmJeDt and. )"llIII'g mfllap. 1f CU!nmt )'e1U'~9
BSSessment is not available. then fBxw will be prorated on prior year', fax. A tax proration bticd
OD an estimate shall. at request of eitlw JIfUtY. be readjusted upon ~pt ofiax bill.
, ,
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PURCHABB AGRlmMJDIT
pag,e S 0( 12
10.2 CIOflq c_ SBLLBR. sb.all pay for dooumentary stamPs on the daed.
reaording the deed. iD.d aIIltl11Cn1 cloliDg a:pcoses (settlement fee, courier fees, OYandght
packages, Btc.). '
:~,;:'.,
, 10.3 Cloahm Pracledum. PURCHASER sha.U fund 1;bo Purchase Ptieo subj.act
to the CRdita~ offtIuts and .PIOl'Idons set tcmb. herein. SEJ..LER and PURCllASBR. (. applicable)
shall execute and deliver to CJ.osibs Agem the ClosDns Donnnems.. The OosiDs Ageut shalL at
ClosiQg: (i) disbume the sale Pl'OCCCd.s to SRI I BR: (ll) ,deliver the C108me DocQmenta and a
"marked-up" Title .Commitmem to PCR.CHASER. aad pmmptty tli~7 ~coro the Deed and
otht:r' n::eordab1c Closing DOCWJODtS In 1he appmprtate pubUo recorda.
lOA Ex:ist:iDR M~ ,,,vi 0d1c!t Liu. At ClosiDg, SELLER ..hall oht.in,
Dr cause to be obttdned., I.ltf&faiob or release of toCOtd oflll1 ~, liens and judgments
IIppl~ablo to and encumbering tho Pro~t). '
11. REPRESBNTAnONS. COVENANTS AND W ARR>>rnP.S.
11.1 Seller. ~l'IIIf:nbl'ioDl aad W~. SELLER hmeb)r represents,
covenants end wammts to PURCHASER. as ottbe Effccti.,. Dmo and as ofthc Closing Date, as
follows:
11.2' AuthOl$x. 1be execution Imd daUva:y otthis Asreement by SELLER IIIld
the COD8~Atlon by SBLLER of 1bc tr'aDsBcdon con1lm1phmd by tma .AgremneJXt arc within
8):;'T'RR,,'S capacity aud all requisita lEtfou has becft fBbn to mab t1Us ~ valid 8Dd
bindmg on SELl ,~ in acootdancc with its terms. The pcgon eKAC1Jtfas thifJ .Agrccu:ncnc an
behalf of SELLER. hils 'been duly IIUtbori.zed to lOt 011. behalf of aDd to bind SET.' Sa, and this
A.sremnCll1trcpraeo.ts a valid BDd biIIdms obliaatlon of SELLER..
Il.3 'Titl~ SEttER tI - wiD be on tho C10sma Date, the owner of vaIi~
good, marketab~ and insumbJc fN &tmple title to the Pmpeny, ftoec and clear 0' aU liens.
encumbrances aDd restrietiom of Illy kiDd, except 1hc Pcnnit!l:ld Ext;eptiona (and encumbranecs
of:record which win be dischm.pi at C1oIina>. .
12. DEFAULT.
12.1 lurcbaser'lI De6mlt III the event that un. 1rIm8action tlIib to close due 10
a wrongfW refusal to cloao or default on the part of PURCHASER, subjecr to tho proviaions of.
PIU'8IRIPh 12.3.beJow. neither PUROiAsER. QOl sm.r.~ shalt hn:e auy further obliption or,
liabilitios under this AgNement. 'except for dlosD expr_Jy provided to survi~ the term.iuation of
this Agreement; provided, bQWCVCt. that PUR.CHASBR aha1l also be lCIpOaSjble tor the Nmoval
of any liens bsarted against the Property by pm'OOII$ chdmi'18 by, through or unacr '
PURCHASER, but not otbcrwille. '
12.2 ~eI1er.8 ~ult Iu the e'Vmlt tha SELLBR. abaIl :fkU to fully mid timely
perform mry of its obHgatioDl9 or ooWDaDIII:Iemmder or if any of SELLER'S 1qm:SeI1t!tioDS ~
LU1trUe or iDaccurate, _ l1Ot'Witbs1v~ 8D)1b.ing to the contrary contained in this Agreem~
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12/20/2006 ":51 1r18O P.DIIJ/014
PURCHASE AGREEMBNT
PIGe 6 of 12
PUkCHAsER may) at i~ option: (1) deohn SELLBR. ill default under this ~ by notice
delivered to SP.T.LER, m which ewo.1 PORCiASBR may teJminate this Agrecmcm ad n.e1thcr
PIUty shall have 8D.7 fl.uther riPts hereunder.
12.3 Ncdce afDeflult. Prior to ~ II dcfauIt and cxertiBiDg d1ca remedies
described ~ the non-def'au.ltma ,.,. ahall issue I noti= of default to the defaulting Party
describing the ~ or condition of default ill iUfficic:m de1ail to e&bIc a ['CUf'\ftRblo penon to
cletermi4e tlJo w;tiun ncceesary 10 CUte the default. ThfI defaulting Pm1y shall have fifiBen (15)
days from delivery oftbc IlOtice duriDa which to cure the default. provided, hO\WNet. that as to a
faihite to close. tho gurc period shall OAty be three (3) But*" Days mm the dellvery of n~.
Both ponies q;rec that if an extmIsfon fa requested, 11mb ~on sh8lJ. aot be lI11n:a8Oaahly
withheld If the defiWt bat DOt bcm cured wJthJn the aCon:t3aid period, tJ1c tlODwdefiu.dting Party
may exercise the remedies desoribCId above.
12.4 Snrv1~ lb, ptOvisiom of this Section 12 tdWl suMW the termbwiOQ
ofWs A.grecr:nent.
] 3. IjQUCES. AlI.l101iee. tcqu1rcd in tbiB ~eat JDUft be in writi:ag and shall be
considered ddivered when. recmwxl by ce:rtiBed mail, retunJ. reccl))t reqUested, or pc:nonal
delivery to tl1c funowing eddJmes:
lfto Scllm: Bo)'littm. Bach Community ~cnt Apncy
J\.UeatiOb.: Bucuti~ Direetcr. Lisa A. Bright
915 S. Federal Highway
Boynton Beach, Florida 33435
With it ~Qp)' to: Kenneth G. SpWJu. Esq.
Lewis.. Lanp"ah &: Welkct. P .A.
1700 Palm Bcuch Labs ~ Suite 1000
Wmt Palm Beach. Florida 3340l
If to Buyer: South Pelm Beech Habitat for HlDDBDity
Mike Campbell
. Exoc:utive Director '
100 B. 1JDton BI'\"d. Suite 203A
Debay B~ FL 33483
14. DRjJ;2ING OBLIGATlONlAH1G1I{MENT_ The temtJ 8l1d co.nditlons of this
Agreement ~ hereby made biDding 012, and. shall in~ to the Jnnefit of; the SUQCeS80ra and
permitted IIIips of the f>>art.tes hereto. SElLER may IIOt _p ill ~ in this Agn:crnent
without the prior written <lOIDCDJt of PURCHASER., which an not be ~y withheld.
PURCHASER :may not ..sign tbis Asreemem to any other pm.ty without the prior 'Wl'itteA
approwl ofSELLBR. '
IS. , RISK. OF LOSS. In the cwent 1bc condition of the Propeil.Yt or my part ~ is
materWly altered by an act of God or ok natund force beyond the cOIItIoI of SEUP:R.
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1780 P.0IJ3/014
PURCHAliS AOREEMBNT
Pap 7 af12
/'
PUkCHASER. may tdeot, .. its sole option., to tIlrrninete this ~ and the parties sha11
have DO furdier obligatiou under this ~ or PURHCASER may acoept the Proj)l:lrty
without a.tJ.1 MdUC'licm m the valu oftbe ~.
16_ BROt<ER. ~ Tho p~ hereby (lnftft""U that neither oftbcm hae dealt with
my brobr in ~ with tbB tI1mIaodon OOrrttmpl&ted. by this Agl'eem8IIl Bach PIrty ahall
Indemnify, ddmd ami hold hlmlIea8 tbe otb.er Party fi:om and apJnst .Y 8Dd all claims, losses.
dmuaes. CUCtb or ~ (InoIudiDg, wt1bout liDJitation, ~.s fees) of aD)' kind or
~ arising out of or reau1til1( from lID)' ~t. 81'1'Im8cmetlt or 'UDdc:rstandiJJ8 alleged
10 ba~ been ma&, by either Party or on ill beha.If with lIlY bftIkcr or finder in oonnectKm with
this Agreemcut. .Ho'\lVeVcr, SELLBll'S md~ifiellion obUaBtiom sbaU not axQOCd tbe ftUutmy
li.Inib provided within Section 768.28. P1or1da Statum, BOd eM does not otfJmwfso _ve its
sovimi.gn imm~ rights. The prcnieicms of this Section sba1J. ~vc Closing or 1mm.iDat10D of
' this Agreemeat.
17. ENV'IR.ONM&NTALCONDI'I10N8. To tbD best of S~'S
knowledge, the Property and tha ., and op:Latfuu ~f tJ:c in COtDpt~ with all applfeable
oounty snd govermritmtaJ lswrJ. mdf~ regulatiou. Iioouos. permiG and mnhorization.s,
ine1udina. without lfmit1tiot1, $pplicable zooJna and cnv.imnmo.ntallaws and regulJltiODS.
.
18. DEVBLOMENT AND ~H~ Or TIm PROPFR.1:Ia SBLLER and
'PURCHAsER acknowJed&c that the Property 1a b&!:ms sold to PURCHASER. for '&he sole P.\IIpOlIe
of de~lo9m&. ID8IKtiD.g lIDd.zd.Iiaa a .mgte..ltmlly home to .. family whoIt income docs not
exceed 120% ofmadian household Uxlome for Palm Bcad1 Colmty BB set by HUn.
18.1 Conatnmtion 8!ld 8aI~. PURCHASER asr=s to ClOnmuct OQC (1) single fimilly
home pmsoant to the construction achtdul, aad requircmcmts provided hcndn. ~ home may
not exceed a sale prlce of Two-Hvndnxllbo1lllDd Dollm ($200,000.00). Bath hottu: must be
sold to a first..thJ1e h.omebuyer ad amst be oooupiecl by the OWtlCr;
18.2 Ccxmtructtoll ~~~Ibl.. '!be followiDs'8n:altias are requimd in eBCb
home and 'must r;:cdbnn'to OJ' excoed City of Bo)'DlOll,Beaoh ood5 ~ regulati01l8 unless
otherwfse specified;
a. Three (3) b=drooms with ODe master bedroom.
b. Two full bathroQQU iDcludins ODe in the lDIIBtflI' bedroom.
C. lbe ~ bedloom must ~ a minittJum of 13'x If 8Ild
.ust COfltaiD a walk..w clollet.
d. Double kitChen ldDk.
e. . .lDtciior aDd aterior 1i~ ~ l*b&c.
f. Ceramio tile In the entr:yway~ kitchen and batbrQoms~ CIUpet
elsewbete.
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12/2OI2DOS 11: 54
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PURCHASR AGRUMl3)IT
Pap 8 of 12
g.
ApplimceS muat be Dew and inclu4e:,washer. mye(r. self-cleaning
t'aqO. ranp hood, gar_ dispo8ll, refriaeratot wiib iQe nukc:r
met watet .I.Ule. IIDd ccilin& f8mr in all bedrooms and living room..
Wiring:for. aWm I)'~ gah1e.lmemet IWi phoac.
, >:..i.:
h.
i. window tra!tlJ:leutI must be .JJJ.iDj..bltDds or upgrade.
j. Automated m-gnnmd aprinkIo.r systam. including swale.
k. 0nD-car samse,
1. l.mpect-rmistMt windows (DIde-Coumy stzmd8rds).
m. StendiDa lam metal roof.
D. ~ mU3t exceccl City of Boynton Beach ClOdc
requirements.
o. OVorall design of cacb home must confirm to the d. _
~..n.dlndatiODB in the Heart of Boytttan ('1I0B") Cormnunity
R.r:deVlO1oJmacnt Plan 8bd the HOB MQter PlaDs and &bmudic
Desfp.
18&3 SeIler Design A1Ultm!IL SELLER shall havcI the right to approve of the
design of tho home and such appmval shall tM; provIded lt1 writiDg to PURCHASER. 'Within tbn.-c
(3) bu8iaess *ys of :receipt ofbal plans.
18.4 DcvcJqpmMtt 'I1m~~ h following evems D1USt be documented in
writiDg and pmvided tn tiel SELLBR. lIpOD completion of cftoh. Tnne Is calcuJ.~ :hm theI
Effective Date.
a. Seouro CcmsIruction Loq within tbn,e (3) ID.ODtbs (co}))' of
fuodt131 c:ommitJnent letter sba11 be prov1docl to SELLER).
b. Completion of ~ dowmcnta within th:ree (3) months
(stamped plans sbaU be submitted to SELLER.).
c. Pmmitdq and installation of pmJoot maateting sip which is tc.
include 8m LER,'S logo WlC1 bOllfd DlC1Xtbor I1Im'lCS and rdudl be
pn:-aJlPfO'V"(l by SELLER. within rOll[' (4) months.
d. HCJD1CI rn_ bg markGtod witbin six (6) incmtfls (COpies of
advarti.",.,.crlti or other ,"~edna lnDtmials to be prcM.dcd to
SELLER).
f. cm:ud:ructiqn permit to be iuucd whhin Ge"VIm (1) months (Copy of
pcmlit to be prov.ided 10 SELLER).
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12/2012008 11:64 1180 P.O"'0'4
PlJRCHASB AOREBMBNl'
Pap9of'12
'.~<:
j
~ ccmmony to be oooniinmd with SELLeR'S
MaIkctins aDd Evcme MaDapr withiIllII'WeIl (7) J%lOntbs.
C~ of CO'DI.IIIuatiOD within eight (8) months
(photographs of' site 8ndI~ writbm dc5cri~ of pl'OgreD5 to. be
provlclcd to SELLER). .
i. QuaUfiaatiOl1 ofBu)a"wi1hln tMlve (12) mnmha (Copy of~
DIMt8tIe fbnA1ng OOmmll:D1mt and dOCUDul:ltatiOD proving buyer
qualltf to ~ lJ.attta 113 8Ct above to be provided to SELLER).
J. Cerdfieate, of Oooupancy to be pfOVided. within eishtce1:l. (18)
DIOJ.ltbs.
h.
g.
k. Home must be ~ to buyers wldW1 D1Detecn (19) mOlltbs
(copies of cJosiDg stattrlle.at, pmof of incmne qualification atld
executed deeds to be provi~ to SELLER).
18.S Revertel'. Iftb timcslino outIiDa,l in Seodon 18.4 abcm: is DOt striedy ~
and PURCHASER has not ~ed SBU.BR with a written DOttt1caticm B9 to the n=uGn
cxplliDiDg that ~ DOt lIIldar 1hc control f1f PUaCHl\SBR. hava pm-ented
PURCHASn &om mecdaa the timel.iIll!~ then the Property shall BmomadCllly revm _ to the
SBLLER. SBLLB1l agrees to work ~b1y with PURCHASER in work.Wa withm the
timo1mlnes set forth shove. but PUR.CHA9J3R. and. S2LLBR aarco tbat time is of the C8SCI1OD.
Furthermore, lithe home is DOt IOld to aD income.qua1itiecl buyw as defined hemn. the Property
slWl ~ert ~ to SELLER. If Prn~ revetts to Sm..L~ SJ:tT.l RQ. ~ ntn"QpIete the
CO~OD of the home BUd aatlsf'y my onhbmding ClOI1IllUr:d01'11oans held by I'URCHASER
811d Bhall refmbutse PURCHASER. &om the ,ale of the holm, if thin 8ft 'lRIf:fk;ieut funds.
19, MISr.m.T.A NROUS.
) 9.1 G8nera1. 'Ibis Aartem_ and my ~ hemo, UIaf be 0Xccuted in
an)" Ilumber of COUDtapmtI, each of which mba1l be dccm.ed 10 be an ori&inaI and aU of wb1ch
ahiill, togmbcr, ~tub; 0Il0 and dm IGDIO iDstnunont. the seclicm. and,~ beadin3s
~ contained lIJ'e fOr the pw:poIIet of ~tifioati~ ouly BDd sbaf.1 not be 'considered fn.
CODStruiDa this Ap:cmcmt. Re~ to a &,cdO.l1 sbaU be deaJied to be a ~ to the entire
SectfOD,'QQ}ess o1he.rwise specified. No mocUfica1icm or ~ of this AgnMmaent all be
of 811)' fome or effect 'unJ.efl8 in WI'i1iD& sxectDd by Parties. 'Ib1s Agreement sets fbrlh the .ntre
agreement between the Partlea telating to the Ptoperty and aU subjeot 1Da~ hcrciQ, and
supcrsedos all prior and ecm.tcl4pu.lIUCOUS D.egot:iaticms, UDdwttandinp end ~, ~
or oral, bel\Wml the Partie5. This Ae;rel:meDt shaI1 be interpreted hi. IIC(;OrdaDce with the llWl or
the State of f1odda. The PIl1iel h=by ~ that juri:ldiDlion of any litigation brought lII'isins
out offhis Agmmumt alWl be in 1ho F"t.ftctmth,lud1ciftl Circuit in end. for Palm B~ County.
Florida, or. lIhould my cauee of actkr.n be llmitecl to flDraI jurisdiction only, in the U~ StBtetl
tJilrtrlet court for tile Soutbem Dlllrlet Court of Florida.
DEC-22-2006 11:04 From:
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12/2OI2DDB ":56 1780 P.012/D1II
PURCHASE AClR.R.BMENT
PaaelOof12
i'
19.2 ConuRw:tJI~ of T~!.. ~ reC~ herein to time periods which are
not meuurad. in Business Days UJ.d which b 1_ thIIllix (6) days. shaIJ. C1Xcfude, Sa~,
SUndays a.tld lcpllmlidqs In tl1e aompatiOll tMteof. Ar1.y time plllIiod provided Cor in this
~t which endB on a Sldurday, S\U1CIay or legal holiday sball8Xfl!mJi to 5:00 p.m. on the
next fUll BWllneras Da)". 'I'ime i. of the ~ ha tb; parlbnnance of a1l.obllp:dons under thI,
Agroement. inne pcniodB Q)m1ni"!fttnlll wid:J. 1he IlfrtIctive DIe shall .bOt iDcludc the Bffeetive
Date in the caloWation lhereof.
19.3 Wai~ Neither the fitiJure of a part)' to bWst upon . mict pcaformanac
of any of the terms, pzovisiou. coWD8l1t1, ~ IIIUi conditiollS bCttlof. nor the ~ce
of lIDY item by a party with kDowl. of a ~ of this ~ b7 tho other pIU'ty in the
performance of thlrir ~ve obJi&atiOUJ hereu.nd.et. shall be ck:cmed q waiver of any righb or
remedies that a .Party mq have or 8 waiw:r of any S11b8eq,ucm breaeh Dr w,fault in Illy of such
terms. provlsioas, ~, 1J8n'CIncrd3 or oonditions. ThIll par'88rIph. sbaIllllI'Vivc :temllnatJon
of this Agreement and the Clolioa.
19.4 ~OD of Aer"~eQt The Ps:rr.i." to this. Asreomem, throuah
coume1, ha\I'fJ pmticipated freely in the neptlati.on BIld .pI'IptWdton hetcof. Neither this
Agreement nor my ~mn4lll1t birito BbaU bo JDORlltr1ctJy oonstIued apimt lilY of the Parties.
As used ill tis ~ ,or srry Im"~ hereto, the mu~ sludJ includo the, fe:min;ne,
1he singular shall iDCludc the pluml, and 1hc plural Bhall include the singular, 18 the context may
require. PmviB10ns of tbJ. Asmmeo:t that expn:ssly prarido fhm they sDl'\'iw the CIosiD& shall
not merge into the Deed. .
19.5 S~emblHtv. If any provision of this Agmmnent or 1he eppliCBlion
tlmeof shall, fbr any reaaon and. tD allY ~ be blvalJd or l.UIeDCorceable, neither 1M fNnAfnd~
of this Agrecmem !lor tha app~on of file provision to othar ~ eIIltities or circumstances
bll be Bfl'ect:cd ~by. but instead sba1l be enfcJtocd to the ~ o:dmt permitted by law.
The provisions of this Section shaIlsp;ply 10 au" aw~t of this ~
19.6 Bml'W1itbm Pmvimqa Hsmiwrl1te.n proc.ois.iom iru.t.ed in this Agreemmt
md iDitialed by eRA and SELLER sball co.ntiol all printed provIslou ill conflict t.herewitb..
19.7 Wsivarat Jurv T~, As m ~ to PUROiASBR agreeing to ea.ter
into this ~ PURCHASER. and SELLBk hereby waive triDl by jury in lID)' action or
proceeding broueht by ~thcr party -sPl"ft 1110 ok party ~ to aD)' m8fter ~evCl'
~ out afar in any vmy oauDeotcd with this Agrccm.em.
19.8 Attornev:s Feel a.n.d ~. Should it be:: ~ to brJq an uction to
enforce any of the proviaiQD5 of 1bis ~ ltIa~lc IUOrncys' fees end ~ itrn1udins
those at the appellate level, shall be awsnfed to 1h,c, pI'CYIIiling par1:y.
19.9 Bindi~r ~l'f"~ Each party heteby Np1'elleuts and W8ll'IUJts to the other
1hat each peI'BOIl cxeoutiDg this Agreement OXl behalf of the eRA and SELLER. has full riaht and
lawful authority' to mcemte tbiI ~t 1M to bind and oblipte the JWtY far whom or on
who.. behalfhe 01' ahc is signing with roapoct to all pmviaio~ COIl'taUlod in this Agt'eCment.
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12/2012006 11:55 8780 P.013/014
PUllCfL\SB AOltlEMBNT
Pace 11 of 1~
, "::"
19.10 Recot4iqL 'IbQ Agreemea.t may be maotd8d in tho Pu&Hc R.eoords of
Palm Bcoob CollDtyl Florida.
19.11 Sllrity.!l.. The co~aJlts. wvraaties, represea.=ians. lnMmmtia IUld
un~! of SBLLER let fottI1 in tbiI ~em. shall ~ tbc QqliDg, the do1ivmy IW.d
I8COrding of the SBLLBR. Property Deed and PURCHASBRtS P~1'1 of the ProP.Qty. ,
J9.12 SELl.'F.R A~' ~ccs IlIld CostA. SRI' -lBR. acknowledges and' aatees
that SEt/LBR. shall be respoDRible for i'ts 0WJ1 attotnCyB' mt:!l 8Dd all colts. it any. iDOurred by
SBLLER in gonnection with tbt: ~ contemplated by this Apcc:Incmt.
IN wtlNBSS WHBRBOP, the PartiR have ex~ this A.,sreement as of the Bffiled~
date.
BUYER
SELLER
BOYNTON BEACH COMMT.1Nl'IY
RBDEVBLOMBNr AGEN'CY
BOYNTON BEACH
FAITH-BASED COMMUNITY
DEVELOPMENT CORPORATION
By: ._"__..~.,._~
Print Name:
TiUei
Date:
By:
Print Name: Heodenon TI.IJman
ntJe:~
Date:
Witncues:
WitIaKs:
Approved as to tonn and hpllu1Bcfeney;
eRA Attomcy
J:\CIiut~1k:lIcII CIlA.~llloOlJ~IIld~Aer-th"""Lars ll~
DEC-22-2006 11:04 From:
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12/2D12DDS'1:56 1780 P.D14/014
Exhibit "A"
Legal DescriptioD
. i..<:,
Lots 4S2 imd 453, CHB1\Ry lDLLS, a=~rding to the plat tbenlot;.
reoorded Plat Book 4, Pap S8 ottbb Public kecord$" ofPahn BeaCh
CountyJ Florida. .
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'.,. ,/ ,'^
IX. NEW BUSINESS:
A. CONSIDERATION OF A PURCHASE
AGREEMENT WITH NATHANIEL ROBINSON
FOR NE 4TH AVENUE.
Cc ',~,
DEC-21-2006 17:45 From:
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To:4038~2419~000~737325 P.2/2
12/20/2008 16:00 1781 P.002/01a
-\:..~,
IIR'W~CRA
. EutSlde~Weot SIdoo-oS.slclo Renaluonce
BOYNTON BEACH eRA .
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: J8IlU8r;y 9. 2007
AG)NJ)A ITEM:
II""": c-~ 1.LJ..--' OM -- I J If.....-- I ( 1'10101Io lIoortII U 0CI01I' l
SUBJECT:
CoDsJdqdon of a Purd:a8 ~ with Na:thaQicl Robinson for vacam
property located III: NB 4. Avawe
SUMMARY:
The proposed purchue is pert ofdlo adopted Heart ofBoyntoa Work Pn>aram.
"2. Aoqulre JllOPCI(y GlI behalf af the B(lJDllln lIMoh Foido-Ba.! CDC.ID do>dop a .......1Iome PJiUOOl
that is 100% Wfmiable (apptOxi~y 2S WlitB) with aale:s prices approx. $250,000. $ .500.000"
ThCl property will nOt be deeded to the CDe until there is an approVCld site plan. and construction
financhlg ill i:a place.
FISCAL IMPACT:
$475,000 plus standard closing costs. to come tom BODcl D proceeds.
RECO~NDATIONS:
YL~
Vivian L. 8moks
eRA p!"nnillg Director
-
l'MC;ENOI\8. OONSENT ~.llIONTIoIt.y ~....1tIm ~Fc.me bl' ~'-n P~dac
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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" or "PURCHASER") and NATHANIEL ROBINSON
(hereinafter "SELLER").
In consideration of the mutual covenants and agreements herein set forth, the Parties her~to agree
as follows:
1. PURCHASE AND SALE/PROPERTY. 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:
The North 140 feet of Lot 5 (Less the West 20 feet thereof),
Block 3, SHEPARD'S ADDITION to Boynton Beach,
according to the Plat thereof on file in the office of the Clerk of
the Circuit Court in and for Palm Beach County, Florida,
recorded in Plat Book 2, Page 59, together with:
The North 140 feet of the West one half of Lot 3, Block 3, and
the North 140 feet of the East 25 feet and the North 140 feet of
the West 75 feet of Lot 4, Block 3, and the North 50 feet of Lot
1, Block 3, recorded in Plat Book 2, Page 59, Public Records of
Palm Beach County, Florida.
PCN: 08-43-45-21-29-003-0033
2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the
Property shall be Four Hundred and Seventy-Five Thousand Dollars ($475,000.00), payable in
cash, by wire transfer of United States Dollars at the Closing.
3. DEPOSIT.
3.1 Earnest Money Deposit. Within three (3) Business Days after the Effective Date,
Purchaser shall deliver to Lewis, Longman & Walker, P.A.("Escrow Agent") a deposit in the
amount of Ten Dollars ($10.00) (the "Deposit").
3.2 Application/Disbursement 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
PURCHASE AGREEMENT
Page 2 of 12
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.
i'
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
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 January 1 L 2007, 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 January 31, 2007 (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 ofthe 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
2
PURCHASE AGREEMENT
Page 3 of 12
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 practi6able, 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
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 its statutory limits as
provided within Section 768.28, Florida Statutes, and CRA does not 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.
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'S 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
3
PURCHASE AGREEMENT
Page 4 of 12
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 Compdny 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
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 1llOOth 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 eRA 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.
4
PURCHASE AGREEMENT
Page 5 of 12
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-foreigh 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.
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. PRORA nONS, 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. Seller shall pay for all documentary stamps on the deed,
recording the deed and half of all general closing expenses (settlement fee, courier fees,
overnight packages, etc.). All other costs of closing shall be borne by CRA.
5
PURCHASE AGREEMENT
Page 6 of 12
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 "rharked-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
applicable to and encumbering the Property.
11. REPRESENT A TrONS, 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
agre: .that this is a bona fide li9uidated 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
6
PURCHASE AGREEMENT
Page 7 of 12
untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement,
CRA may, at its option: (1) declare SELLER'S 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 Sediion 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
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:
Nathaniel Robinson
517 N.E. First Street
Boynton Beach, Florida 33435
If to Purchaser:
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, Florida 33435
PH: 561/737-3256
FX: 561/737-3258
With a copy to:
Kenneth G. Spillias, Esq.
Lewis, Longman & Walker, P.A.
1700 Palm 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
7
PURCHASE AGREEMENT
Page 8 of 12
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
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.
17.0 Environmental Conditions.
17.1. For purposes of this Agreement, pollutant ("Pollutant") shall mean any
hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant,
petrolewn, petrolewn product or petrolewn by-product as defined or regulated by environmental
laws. Disposal ("Disposal ") shall mean the release, storage, use, handling, discharge, or disposal of
such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal,
state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions.
17.1.1 As a material inducement to CRA entering into this Agreement, SELLER
hereby warrants and represents the following, as applicable:
(1) That SELLER and occupants of the Property have obtained and are
in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or
contiguous property owned by SELLER, to the best of SELLER' knowledge.
(2) SELLER is not aware nor does it have any notice of any past,
present or future. events, conditions, activities or practices which may give rise to any liability or
form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the
Property. SELLER is not aware nor does it have any notice of any past, present or future events,
conditions, activities or practices on contiguous property that is owned by SELLER which may
give rise to any liability or form a basis for any claim, demand, cost or action relating to the
Disposal of any Pollutant affecting the SELLER property.
8
PURCHASE AGREEMENT
Page 9 of 12
(3) There is no civil, criminal or administrative action, suit, claim,
demand, investigation or notice of violation pending or, to the best of that entity's knowledge,
threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the
Property, any portion thereof, or on any contiguous property owned by SELLER. i'
17.2 Additional Warranties and Representations of SELLER. As a material
inducement to CRA entering into this Agreement, SELLER, to the best of SELLER' information
and belief, hereby represents and warrants the following:
17.2.1 There are no pending applications, permits: petitions, contracts, approvals,
or other proceedings with any governmental or quasi-governmental authority, including but not
limited to, CRA, municipalities, counties, districts, utilities, and/or federal or state agencies,
concerning the use or operation of, or title to the Property or any portion thereof and SELLER has
not granted or is not obligated to grant any interest in the Property to any of the foregoing entities.
17.2.2 There are no facts believed by SELLER to be material to the use, condition
and operation of the Property in the manner that it has been used or operated, which it has not
disclosed to CRA herein, including but not limited to unrecorded instruments or defects in the
condition of the Property which will impair the use or operation of the Property in any manner.
17.2.3 To the best of SELLER' knowledge, the Property and the use and operation
thereof are in compliance with all applicable county and governmental laws, ordinances,
regulations, licenses, permits and authorizations, including, without limitation, applicable zoning
and environmental laws and regulations.
17.3 SELLER Deliveries.
SELLER shall deliver to CRA the following documents and instruments within ten
(10) days of the Effective Date of this Agreement, except as specifically indicated:
17.3.1 Copies of any reports or studies (including engineering, environmental, soil
borings, and other physical inspection reports), in SELLER' possession or control with respect to
the physical condition or operation of the Property, if any.
17.3.2 Copies of all licenses, variances, waivers, permits (including but not
limited to all surface water management permits, wetland resource permits, consumptive use
permits and environmental resource permits), authorizations, and approvals required by law or
by any governmental or private authority having jurisdiction over the Property, or any portion
thereof (the "Governmental Approvals"), which are material to the use or operation of the
Property, if any.
17.3.3 Prior to the Closing Date, SELLER shall execute and deliver to CRA any
and all documents and instruments required by CRA, in CRA's sole and absolute discretion,
which: (i) effectuate the transfer to CRA of those Governmental Approvals, or portions thereof
which are applicable to the Property, that CRA desires to have assigned to it, and/or (ii) cause the
Property to be withdrawn from any Governmental Approvals. No later than thirty (30) days prior
to the Closing Date, SELLER shall remedy, restore, and rectify any and all violations of the
9
PURCHASE AGREEMENT
Page 10 of 12
Governmental Approvals (including but not limited to any and all portions of the surface water
management system, mitigation areas or other items which do not comply with the
Governmental Approvals or applicable rules), if any. SELLER warrants that there will not be, at
the time of Closing, any unrecorded instruments affecting the title to the Property, induding, but
not limited to any conveyances, easements, licenses or leases.
18. MISCELLANEOUS.
18.1. 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.
18.2. 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.
18.3. 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.
18.4. 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.
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PURCHASE AGREEMENT
Page II of 12
18.5. 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 circumstiimces 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.
18.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement
and initialed by CRA and SELLER shall control all printed provisions in conflict therewith.
18.7 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.
18.8. 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.
18.9 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 behalf he or she is signing with respect to all provisions contained in this Agreement.
18.10 Recording. This Agreement may be recorded in the Public Records of
Palm Beach County, Florida.
18.11 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.
18.12 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.
SIGNATURES ON FOLLOWING PAGE
11
PURCHASE AGREEMENT
Page 12 of 12
date.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective
BOYNTON BEACH
COMMUNITY REDEVELOPMENT
AGENCY
By:
Henderson Tillman, Chairperson
Date:
Witnesses:
Print Name
Print Name
Approved as to form and legal sufficiency:
CRA Attorney
SELLER
(
Date:
Nathaniel Robinson
Witnesses:
Print Name
Print Name
I:\Client Documents\Boynton Beach CRA\375-002\Misc\Robinson Purchase Agreement.doc
12
IX. NEW BUSINESS:
B. CONSIDERATION OF EXPANDING THE CDC
TOWN HOME PROJECT LOCATED
AT NE 5TH AVENUE.
f"
~~~~Y~T8~ ,C RA
iIi East Side-West Side-Seaside RenaISsance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: January 9, 2007
AGENDA ITEM:
I Consent Agenda
Old Business I X I
New Business
Public Hearing
Other
SUBJECT:
Consideration of Expanding the Scope ofthe CDC Town Home Project at
NE 5th Avenue.
SUMMARY:
The adopted HOB Work Program contemplated the purchase of one parcel (Robinson) in the center of
the block ofNE 4th/5th to enable the Boynton Beach Faith-Based CDC to develop affordable townhomes.
Along with the property the CDC currently has a contract on; the Robinson parcel would allow the CDC
to develop 24 townhomes. However, with only the two properties the development would have very
little street frontage.
The opportunity has arisen to purchase almost the entire frontage ofNE 5th Avenue from one owner.
The addition of this property would allow the development of an additional 16 affordable townhomes
and give the development strong visibility in the neighborhood. The property owner is asking $800,000
for the .74 acre site which contains 5 single family homes. With the additional property, the entire site
will be 2.58 acres.
Staff is recommending that if the Board directs staff to begin negotiation for the additional property that
the CDC reimburses the CRA for half the cost of the property at the time of title transfer or construction
loan financing. The CDC has agreed with this condition. If negotiations are successful, staff will bring
a purchase agreement to the Board for approval.
FISCAL IMPACT:
To be determined. Funds would come from Bond II.
RECOMMENDATIONS:
Direct staff to begin negotiations with the property owner for the additional parcel.
/f/~ 61~
Vivian L. Brooks
CRA Planning Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 01 09 CRA Board Meeting - January\Exp of CDC Townhome.doc
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IX. NEW BUSINESS:
C. CONSIDERATION OF A RESIDENTIAL
IMPROVEMENT GRANT REQUEST
IN THE AMOUNT OF $14,318.00
FOR ERICA COHEN-HAMMOND.
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1~~qY~T2rCRA
iI East Side-West Side-SeasIde RenaISsance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF:
January 9,2007
AGENDA ITEM:
I Consent Agenda
Old Business I X
New Business
Public Hearing
Other
SUBJECT:
Request from Erica Cohen-Hammond for Residential Improvement Grant in the
Amount of$14,318.
SUMMARY:
The Community Improvement Division received a request from Ms. Erica Cohen-Hammond to assist
with the rehabilitation of her home located at 418 N. W. 4th Avenue due to hurricane damage.
Improvements recommended for funding include a new roof, window repairs, exterior painting,
hurricane shutters, electrical repairs, etc.
Ms. Cohen-Hammond's income falls into the 80-120% category. At this time, the Community
Improvement Division has no SHIP funding to assist families in this category. The total requested;
$14,318 will cover the full scope of work.
FISCAL IMPACT:
$14,318 from the Residential Improvement Program leaving a balance of $385,682.
RECOMMENDA TIONS:
Approve the request for Residential Improvement Program funds.
Likxi1t~
Vivian L. Brooks
CRA Planning Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 01 09 CRA Board Meeting - JanuarylCohen-Hammond RIP Grant Request.doc
<<>
Community Improvement Division
Memorandum
CID 06- 113
ro:
FROM:
DATE:
RE:
Vivian Brooks, CRA Planning Director
Octavia S. Sherrod, Community Improvement Manager
December 19, 2006
Heart of Boynton Residential Improvement Grant Program
Rehabilitation Applicant Erica Cohen-Hammond
418 N.W. 4th Avenue, Boynton Beach, Florida 33435
Staff is requesting the approval and funding of the case referenced above. Ms. Cohen-
Hammond's home is in need of a new roof, window replacements to include hurricane
protection, and minor interior rehabilitation. As this property is:
1. Located with the CRA boundaries,
2. The proposed cost of repairs of $14.318, which includes a 15% contingency for
unforeseen repairs, falls within your guidelines, and
3. The homeowner has been income certified as a moderate household of three (3), with
an annual income of $66,984.00.
This office, which uses State Housing Initiatives Partnership (SHIP) funding for both its First Time
Yomebuyer and Housing Rehabilitation Programs, is presently capped at its ability to assist
,loderate income families. State guidelines allow no more than 30% of all strategies
combined assist moderate households.
o APPROVED
o
DISAPPROVED
SIGNATURE
DATE
Should you have questions, concerns or comments regarding this request please do not
hesitate to contact this office at 742-0666.
OSS:dar
Attachment:
Original case file
$: \ COmrffi!111i1'ty ilri'tProy~t'l'Yen~\n)~os\ CiR#>' V..pj:?ltove Coh'el144amrrwh'd,d"oc
DATE RECEIVe . 1l1J@@!Hii]\y,,,!,,.>
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CITY OF BOYNTON BEACH JUN 2
DEPARTMENT OF DEVELOPMENT 1 2006 -- I"
COMMUNITY IMPROVEMENT DIVISION IIlIt~OIll1IV1UNrr
HOMEOWNER'S APPLICATION FOR FINANCIAL ASSISTANcifO\l€ME:'~i
I
INFORMATION CONTAINED HEREIN SHALL BE USED ONLY FOR THE PURPOSE OF DETERMINING
ELIGIBILITY FOR FINANCIAL ASSISTANCE THROUGH ONE OF THE CITY'S PROGRAMS. NOTE: FOR ALL
GRANT PROGRAMS, PROPERTY MUST BE OWNER OCCUPIED. FOR ALL PROGRAMS, APPLICANT MUST
BE A RESIDENT OF THE CITY OF BOYNTON BEACH.
PLEASE PRINT ALL INFORMATION
I. PERSONAL INFORMATION
ApPLICANT'S NAME: E tlr ( .f\
(FIRST)
4- l~ - l'tl}
N / '""
Nj~
I
"iw \{~
~s
PREVIOUS ADDRESS: IS;:' \ STG'"'-L ~~. I)'O^:\-" ~<A.. R. ,,3<13 (,
HOME PHONE: 56l- l~ ~ - S Lf 6 ~ WORK PHoWShl- 503 - ~, 0" 4
CD H-Et--.\- I-\- j\.t--\ tv' 0 N Y
(LAST)
SOCIAL SECURITY #: 5' ~ -,J.. - b ~ '1<0
DATE OF BIRTH:
CO-APPLlCANT'S NAME:
(FIRST)
(LAST)
SOCIAL SECURITY #:
DATE OF BIRTH:
RESIDENCE ADDRESS: --1l <{
(STREET)
HOW LONG AT PRESENT ADDRESS?
~~ ~O"j I'-~()<-A. \=l- "?, ~'i ~ S
, (CITY, STATE, ZIPf
MARITAL STATUS: MARRIED () SINGLE ( ) DIVORCED (v('
WIDOwlVvlDOWER ( ) SEPARATED ( )
IS APPL/CA TION IS THE RESULT OF A CODE ENFORCEMENT VIOLATION? YES () NO (0
IF YES, PROVIDE COpy OF CITATION.
LIST ALL PERSONS WHO WILL RESIDE IN THE PROPERTY WITH YOU AND CO-APPLICANT.
FULL LEGAL NAME
RELATIONSHIP
AGE SOCIAL SECURITY #
~: ~:~ ~~ ~<c~
15 S"'l3- 0<; - ~D15
\~ 6<64-d.-5-b,5;)..
3.
4.
5.
6.
Page 1 of 4
II. HOUSING INFORMATION
DO YOU OWN OR RENT YOUR PRESENT DWELLING? RENT ( )
TO WHOM DO YOU PAY YOUR MORTGAGE/RENT?
~€_i,~\s SQAV~~'l ~(J~~
(NAME) 0 r U
Q. b ~O'x \ 0 '6 ~ 1{ ~O./.) mOU\..U \ f\ 5o~ Db - b3<?~
I (CITY, STATE, ZIP)
OWN (~
I
\-~OO -6'=>;>. -5-01"1
(PHONE)
(ADDRESS)
AMOUNT OF PAYMENT? ~ I <(-. 0 () ACCOUNT #
III. HOUSEHOLD INCOME (MUST PROVIDE PROOF - REFER TO GUIDE SHEET)
SOURCE
GROSS AMOUNT
ADDITIONAL COMMENTS
APPLICANT'S EMPLOYMENT
~3b~O PER~tl
4~
CO-APPLlCANT'S EMPLOYMENT
CONTRIBUTIONS FROM OTHER
HOUSEHOLD MEMBERS
G;ER
@PER
,& PER
o PER
,
OTHER CONTRIBUTIONS
SOCIAL SECURITY
SUPPLEMENTARY SECURITY
V A BENEFITS
~PER
~PER
~ER
'"
RETIREMENT PENSION
AFDC
INCOME AIDS:
WHICH OF THE FOLLOWING DO YOU USE/RECEIVE?
MEDICARE
OTHER
FOOD STAMPS
MEDICAID
III. ASSETS (MUST PROVIDE DOCUMENTATION - REFER TO GUIDE SHEET)
CHECKING ACCOUNT: YES (~() BALANCE ACCT. # OoS'5 o3::l q 1353
gQvv\.\( I~ tT~U\ r I ,
BANK/BRANCH 6() 'V~ ~ IN THE NAME(S) OF [;;r\ co.. Cn~, ~ L:\1A.nA~of
SAVINGS ACCOUNT: YES ( ) No () BALANC ACCT. #
BANK/BRANCH
PAGE 2 OF 4
CREDIT UNION:
BRANCH
REAL ESTATE:
YES ( ) NQ ( )
(
BALANCE
CT. #
TYPE OR USE
IV. LIABILITIES
DO YOU RECEIVE INCOME FROM SAME?
SOURCE
ELECTRIC
TELEPHONE
WATER
GAS
CABLE
CHILD CARE
MEDICAL
INSURANCE(S)
CREDIT UNION
CREDIT CARD(S)
OTHER
MONTHLY PAYMENT
BALANCE. IF APPLICABLE
$ I 5" O. 0 Il c<fiWJ'..
$ I 5 0 . 0 U to...,.
$ "ir 0 . 61)
$ N I~
$ l:,O' 0 '0
$ n. nD
$ LiDo, D~
$ \00. DO (!A-/
$
$
$
$
$
$
$
$
$
$
PLEASE LIST TYPE AND PROVIDE COpy OF STATEMENT
$ $
$ $
PLEASE EXPLAIN AND PROVIDE COpy OF STATEMENT
$ $
$ $
VEHICLE(S) - YEAR, MAKE & MODEL
-'~ O-f~Q.f )OD;}-
MONTHLY PAYMENT
$ ~~ 'l. b i.-
$
V. Is THIS PROPERTY Now OR IN THE FUTURE To BE USED As A DAY CARE FACILITY?
DYES IlJ,HO
VI. HAS THIS PROPERTY WITH You AS THE HOMEOWNER EVER RECEIVED ASSISTANCE FROM
THE CITY OF BOYNTON BEACH WITH HOME REP~............--
DYES a.HO
IF YES, IN WHAT CAPACITY?
VII. REPAIRS/FINANCIAL AID REQUESTED
BRIEFLY LIST THE TYPE OF REPAIRS YOU WISH TO MAKE ON YOUR HOME OR THE PROGRAM YOU ARE
REQUESTING FINANCIAL AID THROUGH. USE THE BACK OF THIS PAGE IF NEEDED.
I ~ To ~u ~"~'~
u)u~ Q~~eJ 4~J ~l~~~.
Oo.rJI J~ S6YV\JL~ WLM. S ~ ~'I~
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VIII. AGREEMENT/UNDERSTANDING (IMPORTANT - READ BEFORE SIGNING)
IT IS YOUR RESPONSIBILITY TO COMPLETE THE APPLICATION FORM AND TO PROVIDE ALL THE
INFORMATION REQUESTED. FAILURE TO DO SO WILL RESULT IN THE CANCELLATION OF YOUR
/'
APPLICATION.
I/WE, THE UNDERSIGNED, CERTIFY THAT ALL INFORMATION STATED IN THIS APPLICATION IS TRUE AND
ACCURATE TO THE BEST OF MY/OUR KNOWLEDGE. SUBMISSION OF FALSE OR INACCURATE
STATEMENTS WILL DISQUALIFY ME/US FROM FURTHER PATICIPATION IN ANY PROGRAM. I/wE
UNDERSTAND THAT THE CITY RESERVES THE RIGHT TO CHECK ANY INFORMATION PROVIDF:D AS A
PART OF THIS APPLICATION. \
,~~- (~un- ~ Cld-l:> I b 10
(APPLICANT'S SIGNATURE) (dATE) I
(CD-APPLICANT'S SIGNATURE)
(DATE)
f'/#/#/_#/-#/-1/1'/1'/1'/1'/""'_/1'/__1'/1'/1/#/1'/1'/1'/1'/6"'1'/1'/#_/1'_/1'/1'/#/1'/1'/#/#/#/#/#_/#/#/#/_#_/#/.1/1'/#/#/.1/_#/#/1'/.1/1'_/'I'/_I'/I'/#_/I'/#/I'/#/#/~'._/#/#/#/I'/#/I'_~
I FOR OFFICE USE ONLY I
~I'/I'/I'/.I/I'/_I'/I'/I'/#/#/#/I'/#/I'/I'/I'/I'/I'/I'/I'/#/I'/_I'/I'/#/I'/.I_/1'/#/#/1'/1'/1'/1'__/1'/.1/1'/1'/1'/1'_/1'/1'/1'/1'/1'/1'/1'/#/1'/1'/1'/1'/1'/1'_/1'/1'_/1'/1'/-1'_1'/#/1'/1'/#/1'/6'/1'/1'/#/1'/_1'/#4
OWNERSHIP VERIFIED
RESIDENCY VERIFIED
INCOME VERIFIED
IDENTIFICATION VERIFIED
PROPERTY TAX VERIFIED
ASSETS VERIFIED
LIABILITIES VERFIED
DATE
DATE
DATE
DATE
DATE
DATE
DATE
STILL NEED FROM APPLICANT
DATE CONTACTED DATE RECEIVED
APPLICATION: APPROVED ( )
DENIED () REASON:
DATE OF APPLICANT NOTIFICATION
VIA PHONE ( ) CORRESPONDENCE ( )
SHIP ( )
PROGRAM IN WHICH TO PROCESS APPLICATION
INFILL () P-U/F-U () CAP () OTHER
( )
CASE NUMBER
S:ICOMMUNITY IMPROVEMENTIF ORMSlApPLlCA TIONSICID ApPLICATION ,ooe
PAGE 4 OF 4
PALM BEACH COUNTY INCOME GUIDELINES
2006 MEDIAN = $64,400.00
1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons
y Low- $37,350 $39,950
.income $22,550 $25,750 $29,000 $32,200 $34,800 $42,500
50% Median /'
Low-Income
80% Median $36,050 $41,200 $46,350 $51,500 $55,600 $59,750 $63,850 $68,000
Moderate
Income $54,120 $61,800 $69,600 $77,280 $83,520 $89,640 $95,880 $102,000
120%
Median
As RECEIVED FROM FLORIDA HOUSING FINANCE CORPORATION
MARCH, 2006.
S~\~~ lin\Jm'~~\~\CHAAT~.00t
-t
FLORIDA HOUSING FINANCE CORPORATION
227 North Bronough Street, Suite 5000 # Tallahassee, Florida 32301-1329
(850) 488-4197 # Fax (850) 410-2510
RESIDENT INCOME CERTIFICATION - HOME OWNER
State Housing Initiatives Partnership (SHIP) Program
Effective Date:
10/18/06
Allocation Year:
A. Recipient Information (select one)
a, (gj Current homeowner
b. 0 Home buyer: 0 Existing Dwelling 0 Newly Constructed Dwelling
B,
Closing Costs
Interest Subsid
Loan Guarantee
C, Household Information
Member Names. All Household Members Relationship Age
1 Cohen-Hammond, Erica Applicant 35
2 Cohen, Dante' Dauahter 15
3 Cohen,Javan Son 13
4
5
6
7
D, Assets: All household members includin minors
Member
Asset Description
Cash Value
Income from
Assets
Checking and Savings Account
$-9.00
$-0-
2
3
4
5
6
7
Total Cash Value of Assets
O(a)
$-9.00
O(b)
Tota/lncome from Assets
$-0-
If line O(a) is greater than $5,000. multiply that amount by the rate specified by HUO $-0-
(applicable rate 2,0 %) and enter results in O(c), otherwise leave blank, O(c)
Microsoft@ Word 97 SR-J5:\Community Improvementllncome Certifications\2006\Cohen-Hammond,doc
Page 1 of 3
E.
Anticipated Annual Income: Includes unearned income and support paid on be al o minors.
Wages I
Salaries
Member (include tips, Benefits I Public Other Income Asset Income
commission, Pensions Assistance
bonuses and J'
overtime)
1 $66,984.19 $ $ (Enter the
2 greater of
3 box D(b).
4 or box O(e),
5 above,
6 in box E(e)
7 belowl
(a) (b) @ (dl (e)
Totals t&:&: QIU 1 q ~ ~ ~
h f f
Enter total of items E(a) through E(e),
This amount is the Annual Anticioated Household Income
$66,984.19
F, Recipient Statement: The information on this form is to be used to determine maximum income
for eligibility. IIwe have provided, for each person set forth in Item C, acceptable verification of
current and anticipated annual income, IIwe certify that the statements are true and complete to
the best of my/our knowledge and belief and are given under penalty of perjury.
,WARNING: Florida Statute 817 provides that willful false statements or misrepresentation
concerning income and assets or liabilities relating to financial condition is a misdemeanor of the
first degree and is punishable by fines and imprisonment provided under S 775.082 or 775,83.
@I~AA .~~)
Signature of Head of Household
Date
101 $>ufDb
I
Signature of Spouse or Co-Head of Household
Date
Microsoft@Word 97 SR-1S:\Community Improvementllncome CertificationsI2006\Cohen-Hammond.doc
Page 2 of 3
G. SHIP Administrator Statement: Based on the representations herein, and upon the proofs and
documentation submitted pursuant to item F, hereof, the family or individual(s) named in item C of this
Resident Income Certification is/are eligible under the provisions of Chapter 420, Part V, Florida Statutes,
the family or individual(s) constitute(s) a: (check one)
Very Low Income (VLI) Household means individuals or families whose apnual
income does not exceed 50% of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size
(Maximum Income Limit il
Low Income (L1) Household means individuals or families whose annual income
does not exceed 80% of the area median income as determined by the U.S,
Department of Housing and Urban Development with adjustments for household size
(Maximum Income Limit $)
Moderate Income (MI) Household means individuals or families whose annual
income does not exceed 120% of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size
(maximum Income Limit $69.600.)
Based upon the 2006 (year) income limits for
(MSA) or County, Florida.
Palm Beach Metropolitan Statistical Area
Signature of the SHIP Administrator or His/Her Designated Representative:
(Signature)
Date
IV/ 3~/o~
.
Name
Title Affordable HousinQ Administrator
H, Household Data (to be completed by Administrator or designee)
Number of Persons
By Race I Ethnicity By Age
While Black Hispanic Asian American Other 0-25 26 - 40 41,61 62 +
Indian
X X
Special Target I Special Needs
(Check all that apply)
Farm Worker Developmentally Disabled Homeless Elderly Other
NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only, No
occupant is required to give such information unless he or she desires to do so, and refusal to give such
information will not affect any right he or she has as an occupant.
Microsoft@ Word 97 SR-2):ICommunity Improvementllncome Certificationsl2006lCohen-Hammond,doc
Page 3 of 3
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The City of Boynton Beach
COMMUNITY IMPROVEMENT DIVISION
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6066
FAX: 561-742-6089
i'
www.boynton-beach.org
October 30, 2006
Erica Cohen-Hammond
418 N W 4th Avenue
Boynton Beach, FL 33435
Re: Income Certification - 418 N W 4th Ave
Dear Ms Cohen-Hammond,
This letter serves to inform you that you have been income certified by The City of Boynton
Beach State Housing Initiative Partnership (SHIP) program as a moderate-income
household. It is the division's determination that you are qualified to receive SHIP funds to
assist with eligible repairs.
Although I do not foresee any problems, final approval of your application for assistance
with repairs to your home through the City of Boynton will be subjected to administrative
approval.
You will be required to execute a second mortgage and note that has a deferred payment
plan due upon sale or transfer of the property.
This award letter is valid for a period of 180 days from the date of this letter.
Please feel free to contact me with any questions or concerns regarding this matter.
S~eIY:n . . ~ ~
Brenda co~
Affordable Housing Administrator
BJC
S:\Community Improvement\Income Certifications\2006\Cohen,doc
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The City of Boynton Beach
COMMUNITY IMPROVEMENT DIVISION
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6066
FAX: 561-742-6089
www.boynton-beach.org
i'
BID SPECIFICATIONS
CASE NUMBER:
INSPECTION DATE:
OWNER:
ADDRESS:
PHONE:
PREPARED BY:
DATE PREPARED:
BID DUE DATE:
2-05-011
NOVEMBER 6, 2006
ERICA COHEN-HAMMOND
418 N.W. 4th AVENUE
HOME 738-5468 CELL 503-8189
CHRISTOPHER L. MITCHELL
NOVEMBER 7, 2006
NOVEMBER 30 , 2006
BIDS ARE DUE IN THE COMMUNITY IMPROVEMENT OFFICE
NOTICE TO CONTRACTOR: THIS SPECIFICATION IS TO BE RETURNED WITH YOUR BID
PROPOSAL AND REQUESTED INFORMATION. FAILURE TO COMPLY WITH THIS REQUEST
MAY RESULT IN YOUR BID PROPOSAL BEING DISQUALIFIED.
IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO FURNISH DETAILED DRAWINGS,
IF REQUIRED, IN ORDER TO SECURE NECESSARY PERMITS AND RECEIVE ALL
APPLICABLE INSPECTIONS AS REQUIRED.
SCOPE OF WORK:
5. CORNICE OR ROOF OVERHANG - Supply all labor and material to:
· Remove all deteriorated soffit and fascia. Note:Remove all fascia at back porch.
· Install new soffit and fascia.
· All fascia and soffits shall be primed on all sides prior to being installed; caulk all joints,
countersink nails and putty holes.
· No piece of fascia shall be less than 6'.0" unless previously approved by the Community
Redevelopment Construction Coordinator.
6. ROOF -Supply all labor and material to accomplish the following in a workmanship and
professional manner:
· Remove existing roof covering.
· Replace all damaged and deteriorated wood.
· Re-nail existing sheathing to code.
· Install two layers of 30# felt.
· Install white 40-year fungus resistant shingles.
· All valleys, flashings, and drip edges shall be replaced with minimum 26 gauge galvanized
metal. Drip edges shall be backed with P.T. 1 "x2". All vents and pipes through the roof shall
be properly flashed with appropriate sleeve type flashing.
9. EXTERIOR OF WINDOWS.Supply all labor and materials to:
· Page 2 November 7, 2006
· Install white Yale Ogron egress windows with screens on the East window of the
Northeast bedroom, the East window of the Southeast bedroom, and the West window of
the Northwest bedroom.
· Install a white Yale Ogron single hung window with screen on the south window of the
southeast bedroom.
· Contractor shall repair any surrounding area affected by this work, the repair wor~ shall be
finished so as to conform to surrounding surface, textures, and color.
· Clean all windows free of all paint, decals, stucco and excess caulk.
· Clean track free of all debris.
· Caulk around entire frame of new windows in a continuous "no-void" manner.
13. EXTERIOR PAINTING- Supply all labor and material to:
· Re- caulk all areas around front and rear doors.
· Apply two coats of gloss latex to the fascia and doors.
· Prime all new masonry around windows.
· Apply two coats of white latex paint on new masonry around windows.
14. AWNINGS FOR DOORS AND WINDOWS-Supply all labor and material to:
· Install Dade County approved Aluminum panels with fixed top h track on all windows.
25. INTERIOR DOORS- Supply all labor and materials to:
· Install filler strip (drywall if necessary) and door casing on the utility room/kitchen door.
· Patch the wall area to match the surrounding texture.
26. INTERIOR ELECTRICAL - Supply all labor and material to:
· Re-Iabel the breaker panel in the utility room.
· Correct missing breakers in the panel.
· Install smoke alarms in the bedrooms and hallway.
28. INTERIOR PAINTING- Supply all labor and material to:
· Prime all new trim around utility room /kitchen door.
· Caulk casing around attic access
· Apply two coats of semi-gloss paint to trim around the attic access and the utility
room/kitchen door.
GENERAL:
The contractor is responsible for verifying all on-site job conditions and will report any discrepancies
to the Community Improvement Division prior to the start of work.
Work shall be done in accordance with all applicable codes and any ordinances of the City of
Boynton Beach, Florida.
The contractor shall guarantee workmanship and materials under this contract for a period of one
(1) year from the date of final inspection. Roof repairs and/or replacements will require a full five (5)
year warranty. Any deficiencies or repairs will be corrected at no cost to the owner or the Community
Improvement Division.
C:\Specs\Cohen-Hammond, Erica-SPECS l.doc
· Page 3 November 7, 2006
The Contractor hereby agrees to construct in accordance with all specifications noted above,
conforming to the Program's guidelines, and in accordance with all applicable codes. state and
local.
The Contractor shall, at the end of each day, secure all equipment, supplies, and materials. The
Contractor shall be responsiblefor the security and prevention of pilferage of constructiop material
stored on site.
The Contractor shall police the entire project daily and secure the premises in a manner satisfactory
to the owner and The Community Improvement Division. Construction trash and debris shall be
collected daily and removed from the project on a weekly basis.
All subcontractors hired by the general contractor shall be licensed in the City of Boynton Beach in
the trade for which hired and shall be monitored by the contractor to adhere to the conditions and
specifications as contained herein.
The Community Improvement Division does not warrant and is not responsible for the materials and
equipment purchased by the contractor and installed in the project.
A Partial Release of Lien is required at the time of all payment requests and Final Release of Lien is
required at the time affinal payment request. Payment requests are limited to three (3), inclusive of
final payment request, unless another payment schedule is mutually agreed upon, The contractor is
responsible for securing homeowner's signature on all pay requests.
The Homeowner hereby acknowledges acceptance of this specification. The Homeowner further
agrees to return their copy of this specification upon request. The Community Improvement Division
permits changes to these Specifications only after approval. Requested changes should be
submitted for processing prior to commencement of work requested.
The Homeowner further understands that the contract (Homeowner/Contractor Agreement) for
rehabilitation/renovation is solely between himself/herself and the contractor. Said contract will be
prepared and presented at the Pre-Construction Conference conducted by the Community
Improvement Division staff.
C:\Specs\Cohen-Hammond, Erica-SPECS l.doc
. Page 4
November 7,2006
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HOMEOWNER SIGNATURE
HOMEOWNER SIGNATURE
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CONSTRUCTION COORDINATOR
I~ r~ (p
CONTRACTOR SIGNATURE
COMPANY NAME
At Closing:
Original to File
Copies to Homeowner and Contractor
C:\Specs\Cohen-Hammond, Erica-SPECS lodoc
I
COMMUNITY IMPROVEMENT DIVISION
BID RECEIPT FORM
All bids received by this division are to be opened and documented on this
form in the presence of three (3) members of the Community Improvement
Division staff.
DA Y IDA TE: December 1, 2006
CASE # INAME: 2-05-011 I Cohen- Hammond, Erica
IN HOUSE ESTIMATE: .J; 14,820.00
CONTRACTOR
1 . I1b/?.7~.J Cp/../M~J/o__
2. /?J,LJe-/JIJI..v'#LI? C.P.-5;;;{i/C"/io__
3. c,. /l.J? '1' v 0'..-- ,J.I v.?~;,.-C/
4..5~~- 5-?'JVi? j3(,'/t..PM-5
5.
6.
7.
8.
9.
OPENED IN THE PRESENCE OF:
BID $ AMOUNT
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$ I '1, 0 ~ J, 00
$ I b'"r63,oo
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S~GNATUREAND E
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S NATURE AND TITLE
B 9: . Gl "Jl;", /J Ft?5QDIJIj(C Hw:y,vE, J7lJihrAJ
\IATURE AND TI E
$:\ (:Qn;1.ffilJli1i.I'{ Imp-~ONE"mE;WI\C OIN1RAC10fR'S;\6J~ ~ECE;I,P1',dQ~
CITY OF BOYNTON BEACH
COMMUNITY IMPROVEMENT
ITEMIZED COST ESTIMATE COMPARISONS
CASE: 2-05-011 Cohen-Hammond
DATE:
ITEM IN HOUSE MIS.771' MI'1C ~"'lJ (;111- t 5p".,- #.-jt."v.tJ
COST CcJ,q~r/o-"" Co".....~~1.Q.v yO'''''- i5P)~.Nt-~
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TOTAL COST $14,820 /7....'-/.>0 15'. 37....S I t-t OL( I I b.'tt.3
T 7 7' ,/
1. Lot clean up
2. Driveway
3. Foundation
4. Exterior Walls
5. Cornice, Fascia & 350 1.>0 7.5'0 LIBo 375
6. Roof 7,200 /... .(,DO 7 l. 00 7/00 s- 4 00
7. Porches & Steps )' 7'
8. Screens for D/W
9. Exterior of Windows 1750 1 &.5-0 /500 37/6 I <1.>0
10. Exterior of Doors 7
11. Exterior Electrical
12. Exterior Plumbing
13. Exterior Painting 900 2.00 6.5"0 800 j 875
14. Awnings for D/W 3,250 L L(oo z. 800 / 170 l.fB83
15. Landscaping & Sod "7
16. Irrigation System
17. Fencing
18. Carport or Garage
19. Heating or Cooling
20. Insulation
21. Floors
22. Interior Walls
23. Ceilings
24. Interior of windows
25. Interior doors 150 3e;)C) 3.50 2.2.S" -Zoo
26. Interior Electrical 1,100 BIo / Zoo I SOD I b'3o
27. Interior Plumbing
28. Interior Painting 120 100 Z 7-> Z.So /5'0
29. Cabinets
30. Closets
31. Extermination
32. Garage Door
33. Other 600
34. Other
CON T R ACT 0 R S
PREPARED BY: Christopher Mitchell. Construction Coordinator and Sal Belloise, Housing Rehab Inspector
./ :\S HrrJ/. T /'. \GQr;;mllr.il~IFG\r-0F(,r,:; \IlGmi"r:r.l r:n~l r:c.mr;i'i.{itljn~,rjoc
/dar-Revised 1/4/00
City of Boynton Beach
Division of Community Improvement
CONTRACTOR RECOMMENDATION MEMO
Case #: 2-05-011
Homeowner: Erica Cohen-Hammond
Address: 418 N.W. 4th Avenue
From:
To Octavia Sherrod
Thru: Brenda Cornelius ~
Date: December 1. 2006
ESTIMATE COMPARISON
DATE CONTRACTOR H.I. $ G.P.I. $ TOTAL $
11/30 ASISSET CORPORATION $12,450.00
11/30 MACDoNALD CONSTRUCTION $15,325.00
11/30 GARY VON HUSEN $14,041.00
11/30 SUN BAND BUILDERS $16,963.00
IN- HOUSE ESTIMATE $14,820.00
RECOMMENDED CONTRACTOR(S):
1.
ASISSET CORPORATION (! 2 ~
2.
3.
DAR\8.98
S :\COMMUNITYRD\FORMS\ESTCOMP ARE. DOC
--------
Erica Cohen-Hammond
418 N.W. 4th Avenue
Erica Cohen-Hammond
418 N.W. 4th Avenue
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MCCORMACK
BARON
SALAZAR
r
';
January 8, 2007
Ms. Lisa A. Bright
Executive Director
Boynton Beach CRA
915 South Federal Highway
Boynton Beach, Florida 33435
Re: Seacrest Villa2e DeveloDment Proiect
Dear Lisa:
Please be advised that McCormack Baron Salazar, Inc. ("MBS") and I am proud to be part of the
Seacrest Village Intown Partners Development Team as Co-Developer for Seacrest MLK East
Corridor, Mixed-Income, Mixed-Use Project to be located in Boynton Beach, Florida. MBS is an
instrumental member of the Development Team along with Intown Partners and is actively
involved with the ongoing development process, design and management of the Seacrest Village
Development Project.
MBS and I have guided the revitalization of many of the distressed inner-city neighborhoods
through out the country. In private/public partnerships with communities throughout the
country, we have transformed many distressed areas, bringing vision, experience, and
commitment to the Seacrest Village Project to be developed in the MLK East Corridor
neighborhood, in the heart of Boynton Beach. Our long-term commitment in successfully
demonstrating the benefits of the inclusivity in neighborhoods and showing that diversity of a
mix of incomes makes for a rich environment.
In 2005, I was one ofthe five recipients of the Urban Land Institute J.C. Nichols Prize for
Visionaries in Urban Development. This award was created to honor the five great real estate
developers of modem times and the five developers who notably have changed the urban
landscape across the country. We are proud to be part of the Intown Team and carefully select
who we work with, and what projects we undertake. MBS is very impressed with the passion,
vision, and community commitment that Samantha Simons and Barbara Rudd of Intown Partners
have showcased for the Seacrest Village Project to date and is very excited to be part of the
development team and look forward to being part of the long-term commitment that is necessary
for this project to become a reality.
:MBS has provided its financial statements to the CRA Staff as part of the requirement for
selection ofthe RFP process and has also shown their New Market Tax Credit Allotment, which
it was awarded by the Department of Treasury in June, 2006. Utilizing these New Market Tax
McCormack Baron Salazar. Inc.
1415 Olive Street, Suite 310 St. Louis, Missouri 63103-2334 Phone 314 621.3400 Fax 314436.0071 www.mccormackbaron.com
MCCORMACK
BARON
SALAZAR
"
d'
Ms. Lisa A. Bright
Boynton Beach CRA
Page 2
January 8, 2007
Credits will have a great impact on the overall scope of the project, as well as its
commercial/mixed use and work force housing programs which will be instrumental to the
revitalization of the MLK East Corridor and serve as a catalyst project for the entire Heart of
Boynton CommUnity, in the City of Boynton Beach.
Over the past 25 years, MBS has closed over 113 projects with development costs in excess of
$1.5 Billion. MBS has developed more than 12,800 housing units and over 1,000,000 square
feet ofretaillcommercial space throughout the United States. In 1995, MBS opened an office in
California and over the past 11 years, has developed over 2,213 units in California with a total
development cost exceeding $352,000,000. MBS has been extensively involved in HUD's
public housing "mixed finance" program starting in 1994 when I proposed the idea of "mixed
[mance" housing programs to then HUD Secretary Henry Cisneros. The first two demonstration
BUD projects in the country closed in the spring of 1996, and were both MBS developments,
being Centennial Place in Atlanta and Murphy Park in St.Louis. Both projects were mixed
[mance developments requiring the physical transformation of two severely distressed public
housing sites, including two significant educational initiatives with adjoining schools, welfare-to-
work programs with returning residents, and a variety of new social service commitments to the
new communities. Since 1996, MBS has closed 32 phases of Hope VI developments in 12 cities
involving 4,482 units and $6,665,000 in total development costs, with 3,182 units having been
completed and 1,192 units presently under construction.
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'"
MBS has over 750 full-time dedicated and experienced employees to staff the projects with
partners across the country and MBS commitment to the Seacrest Village Project extends beyond
our partnership with Intown Partners; MBS is committed to strengthen the neighborhood and
social structures for the Heart of Boynton Community and be instrumental in the catalyst for
change that the Heart of Boynton Neighborhood has been searching for, for over seven years.
MBS looks forward to the execution and delivery of the Development Agreement, which is an
instrumental tool to move this Project forward into the development stage.
MBS has been represented since its inception by the firm of Rosenblum, Goldenhersh,
Silverstein & Zafft, P.C. in S1. Louis, Missouri who's lawyers have extensive experience in real
estate transactions such as this and have been working hand-in-hand with the staff ofMBS.
MCCORMACK
BARON
SALAZAR
Ms. Lisa A. Bright
Boynton Beach CRA
Page a
January 8, 2007
I or the MBS staff will be more than happy to speak to the CRA Director, its Board Members,
Members of the City Staff, the Mayor, City Manager, or City Commission Members at any time,
and can be contacted at (314) 621-3400.
Should you have any questions, please feel free to contact me.
RDB:clj
January 8, 2007
'I'urn1(fty Titre
3696 :North Pecfera(J{ighwaYJ Suite 300
Port LauaeraafeJ Pforiaa 33308
phone: 954-745-3500 tefecopier: 954-745-3599
emaiC: sporcliara@tumRsytitfe.com
VIA HAND DELIVERY
Lisa Bright, CRA Director
Boynton Beach Community Redevelopment Agency
,It
Re: Intown Partners, LLC; proposed redevelopment project of that certain 26
acre property in East MLK Corridor to be known as Seacrest Village
Dear Mrs. Bright:
This company is acting as title, escrow and closing agent with respect to the individual parcels
which collectively comprise that certain 26 acre property in East MLK Corridor to be known as
Seacrest Village (hereinafter referred to as the "Property"). The Property is legally described on
that certain survey prepared by Patriot Surveying and Mapping, Inc., a copy of which is attached
hereto as Exhibit A and incorporated herein by reference.
This letter shall act as this title company's opinion as to Intown Partners, LLC's (hereinafter
referred to as "Intown") control of the Property. For purposes of this letter, "control" shall be
defined as any of the following: (a) actual custody and control of a subject parcel within the
Property; (b) executed contract for the purchase and sale of a subject parcel within the Property
by and between the owner of record, as seller, and Intown, as purchaser; (c) executed letter of
intent from the owner of record of a subject parcel within the Property in favor of Intown; and/or
(d) option to purchase, lease, occupy, and/or improve a subject parcel with the Property in favor
of Intown.
In connection with this letter, the undersigned personally examined originals or copies of all
deeds. contracts, options and letters of intent for the sale and conveyance of each parcel within
the Property from the owner of record to Intown. I have also reviewed such other documents as I
have deemed appropriate to render the opinions expressed in this letter. Based on my review of
the instruments referenced herein, and subject to the assumptions and qualifications herein
elsewhere set forth, we are of the opinion that Intown controls approximately forty percent
(40%) of the parcels/acreage which comprise the Property, inclusive of the City and CRA
propery located within the proposed Seacrest Village site area,
The above opinion is based solely upon review of the documents referenced herein and is limited
to the subject matter. The conclusions set forth above and may be relied upon only by the
addressees thereof and their successors and assigns. No other person or entity may rely or claim
reliance upon this opinion without our prior written consent. The opinions expressed above are
delivered as of the date hereof and we disclaim any responsibility to update this opinion at any
time following the date hereof.
If you have any questions or comments, please do not hesitate to contact me.
Very tru
Stephen p, Orchard, Esq.
.
Patriot Surveying and Mapping,
3748 NW 124th Avenue Coral Springs, Florida 33065
Phone: (954) 509-0083 Fax: (866) 495-0203
LB # 7303
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Dennis J. Gabriele
Professional Surve) or and Mapper No, LS5709
State of Florida
Updates and Revisions
Revise Bounda
Job No, 0605-015
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Not Valid without the signature
and original raised seal of a Florida
licensed Surveyor and Mapper
NOTE: The undersigned and PA TRIOT SURVEYING AND MAPPING, INC make
no representations or guarantees as to the completeness of the information reflected
hereon pertaining to easements. right--of-way, 5et~back lines, resenrations, agreements
or other matters of record. This insbumeat is intended to reflect or set forth only those
items shown in the references above. PATRIOT SURVEYING Al\."D MAPPING. fNC
did not reStarch lbe public ~cords for maners affecting the laods shown, This
instrument is the property ofPA TRIOT SURVEYING AND MAPPING, 1Ne. and shall
Dot be reproduced in wboJe or in pan without written pennissioD of PATRIOT
SURVEYING AND MAPPING, INC
Dale By QC
10/19/06 MRK DJG
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Patriot Surveying
3748 NW 124th Avenue
LB # 7303 Phone: (954) 509-0083
Sketch and Description
and Mapping, Inc.
Coral Springs, Florida 33065
Fax: (866) 495-0203
Survey Notes
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Division of Corporations
Page 1 of3
Florida Non Profit
HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC.
PRINCIPAL ADDRESS
100 E LINTON BLVD.
STE. 203A
DELRA Y BEACH FL 33483
Changed 02/1112004
r-.--------:--~_:___--------..---,----___~_____..____~._~_,_._.n__~_'___,
MAILING ADDRESS
100 E LINTON BLVD.
STE. 203A
DELRA Y BEACH FL 33483
Changed 02/11/2004
Document Number
N43200
FE! Number
650307017
Date Filed
04/29/1991
State
FL
Status
ACTIVE
Effective Date
NONE
Last Event
NAME CHANGE
AMENDMENT
Event Date Filed
08/19/1998
Event Effective Date
NONE
egIs ere ..gent
I Name & Address I
SANT ATELLA, JOSEPH
4230 N COUNTY RD
GULF STREAM FL 33483
I Name Changed: 02101/2006 I
I Address Changed: 0210112006 I
R
t
dA
Officer/Director Detail
Name & Address
II Title I
I~
SANT ARELLA, JOSEPH
100 E LINTON BVLD. STE, 203A
Division of Corporations
Page 2 of3
I DELRA Y BEACH FL 33483 II I
MORGAN, PENNY D
100 E LINTON BLVD" STE. 203A
DELRA Y BEACH FL 33483
DAMS, JUDY D
100 E LINTON BLVD, STE, 203A
DELRA Y BEACH FL 33483
EMERSON, DAVID D
100 E LINTON BLVD., STE. 203A
BOCA RATON FL3343 1
DRECKER, ROBERT D
100 E LINTON BLVD" STE. 203A
BOCA RATON FL 33431
C'
, ua epo s
I Report Year II Filed Date I
I 2004 1\ 02/11/2004 I
I 2005 1\ 04/15/2005 I
I 2006 II 02/01/2006 I
Ann lR rt
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02/01/2006 -- ANN REPfUNIFORM BUS REP
04/15/2005 -- ANN REPIUNIFORM BUS REP
02/11/2004 -- ANN REPIUNIFORM BUS REP
01/17/2003 -- COR - ANN REP/UNIFORM BUS REP'
02/12/2002 -- ANN REP/UNIFORM BUS REP
02/06/2001 -- ANN REPIUNIFORM BUS REP
04/04/2000 -- ANN REPfUNIFORM BUS REP
02/23/1999 -- ANNUAL REPORT
08/19/1998 -- Name Change
02/16/1998 -- ANNUAL REPORT
08/12/1997 --ANNUAL REPORT
01/31/1996 -- 1996 ANNUAL REPORT
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
httn'//,mxrm <::l1n1-\17 nTcr/Cl'rlntc/l'nTr1pt PVP?~ 1 =nPTl<TT .~n 1 =NLl. ~?()()~n?=N A l\rn'Am,(1rn~= Q/1/;,/')(\(\t:.
HABITAT FOR HUMANITY OF
SOUTH PALM BEACH COUNTY, INC.
FACT SHEET- July 2006
Habitat for Humanity International is 30 years old (founded in 1976). We've built over 44,000
homes in the United States and over 200,000 worldwide. There are over 2100 active affiliates in
100 countries Africa, the Middle East, Asia, Europe, Canada, Latin America the Caribbean and
all 50 U.S, states, the District of Columbia, Guam and Puerto Rico.
The South Palm Beach County affiliate is in its fifteenth year (founded May 1991). We have
completed 64 homes, 12 in Boca Raton, 33 in Delray Beach, and 19 in Boynton Beach, housing
over 262 family members. The homes we are working on now are in Boynton Beach.
We build simple, but decent homes with God's peopl,e in need, using mainly volunteer labor.
We do NOT give the homes away, but sell them with no profit at approximately $75,000
charging no interest. Mortgage payments are around $500 per month including principal and
escrow. Rising home insurance rates contribute to much of the increased escrow payment. The
principal portion goes into a revolving fund used to construct more Habitat homes. Our
mortgages now include an equity sharing arrangement and option to buy should the homeowner
decide to sell the home prior to full satisfaction of the mortgage. For every house we complete,
we tithe $1,000 to Habitat International for construction of homes by our foreign affiliates; this
, can build a whole house in some developing countries. We have chosen to partner with Haiti
Habitat for our tithe and 'have financed many new homes in Haiti.
Families are selected for homes based upon 1) need, 2) ability to pay the mortgage, and 3) their
willingness to partner with Habitat and the community. Weare a nondiscriminatory, equal
housing lender working with families who would not normally qualify for a conventional home
loan. We think of ourselves as offering a hand up, ra~er than a hand out in order to help achieve
the American Dream of home ownership. Each family is required to work 500 hours, which we
call "sweat equity", in the construction of their home.
In order to help our family partners succeed as first time homeowners; we provide workshops on
personal finance, homeowners insurance and legal issues. A support partner is, assigned to
advise each homeowner on any subject that they would like to discuss. With this additional
support, we have achieved a mortgage default rate of 0.7% nationally. Our affiliate has not had a
default to date. In fact, all the homes constructed by Habitat for Humanity of South Palm Beach
County are still occupied by the original homeowners.
We depend on partnerships with local government for property and waiver of fees, foundations
for grants, and churches, schools, clubs, businesses and individuals for donations of land, money,
materials and labor. We can be contacted at our office located at 100 E. Linton Blvd. Ste.
203A, Delray Beach, FL 33483 or by phone at (561) 819-6070 or through our web site at
www.hfbboca.org for additional information.
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