Agenda 03-13-07
~~~~Y~8~ eRA
Iii East Side-West S,de-Seaside Renaissance
If any person decides to appeal any decision made by the Board with respect to any matter considered at this meeting, he or she
will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
CRA Board Meeting
Tuesday, March 13, 2007 - REVISED
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
C. Consent Aaenda:
A. CRA Board Meeting Minutes Approval February 6, 2007
B. Special Meeting Minutes Approval February 15, 2007
C. MLK Corridor Workshop Meeting Minutes Approval February 15, 2007
D. Workforce Housing Ordinance Meeting Minutes Approval February 27,2007
E. Approval of the Financials Period Ended February 28, 2007
F. Old High School Update
G. Deleted Item and Added to as Item E under Old Business
H. Support of Local Artists
I. Deleted Item entirely
J. Table Purchase Approval for Annual Award Dinner - BB Faith Based CDC
K. Approval to Allow Electronic Funds Transfer "EFT"
V. Public Comments: (Note: comments are limited to 3 minutes in duration)
VI. Public Hearing: Old Business - None
New Business:
Site Plan Time Extension
A. PROJECT Ocean Breeze West (SPTE 07-002)
AGENT: Bradley Miller, Miller Land Planning Consultants, Inc.
OWNER: Larry Finkelstein, Affordable Housing, LLC
LOCATION: Southwest corner of Northwest 8th Avenue and Seacrest
Boulevard, located approximately 1,700 feet north of
Boynton Beach Boulevard.
DESCRIPTION: Request for a one (1) year site plan time extension for
Ocean Breeze West (NWSP 05-030) approved on January
3, 2006, from January 3, 2007 to January 3, 2008.
Seaview Park Club
Site Plan Time Extension
B. PROJECT Seaview Park Club (SPTE 07-003)
AGENT: Lorie Moccia, Lennar Homes
OWNER: Lennar Homes, LLC
LOCATION: 1620 N. Federal Highway
DESCRIPTION: Request for a second one (1) year site plan time extension
for Seaview Park Club (NWSP 04-014) approved on
February 15, 2005, from February 15, 2007 to February 15,
2008
VII. Pulled Consent Agenda Items
VIII. Old Business:
A. Approval to Purchase Properties - at NE 5th Avenue
B. MLK Corridor Development Agreement Update & Discussion
C. Approval to Purchase Property - at NW 12th Avenue
D. Ocean Breeze Options Discussion
E. Approval of Dive Shop Lease
IX. New Business:
A. Consideration of Purchasing the Women's Club
B. Consideration of Issuing an RFP for Ocean Breeze
C. Consideration of Sponsoring the Avenue of the Arts
D. Funding Request: Lasendra Hoggins for Homebuyers Program-$47,000
E. Consideration of Issuing an RFQ for Professional Services
F. Consideration of Purchasing Property-at NE 1st Street (Downtown Parking)
G. Presentation of the New CRA Website
H. Second Amended Mediation Agreement Transfer Discussion
X. Comments by Staff
XI. Comments by Executive Director
XII. Comments by CRA Board Attorney
XIII. Comments by CRA Board
XIV. Adjournment:
TO:
THRU:
FROM:
DATE:
PROJECf:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-017 j
Chair and Members
Community Redevelopment Agency Board
~'tZ---
Michael Rumpf .
Director of Planning and Zoning
Kathleen Zeitler (Z.
Planner '
March $, 2007
Ocean Breeze West (SPTE 07-002)
Site Plan Time Extension
Property Owner:
Applicant I Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
PROJECT DESCRIPTION
Mr. Larry Finkelstein, Affordable Housing, LLC
Mr. Bradley Miller, Miller Land Planning Consultants, Inc.
Southwest corner of Northwest 8th Avenue and Sea crest Boulevard, located
approximately one-third (1/3) mile north of Boynton Beach Boulevard (see
Location Map - Exhibit "A")
High Density Residential (HDR)
Multi-Family Residential (R-3)
No change proposed
No change proposed
Townhouses
3.44 acres
Immediately north of the subject property is right-of-way for Northwest 8th Avenue,
and then farther north is a developed lot (church) classified Low Density Residential
(LDR) land use and zoned Single-family Residential (R-1-A), farther northeast is a
developed residential/ot classified High Density Residential (HDR) land use and zoned
MulU-family Residential (R-3). Directly to the northwest of the subject property are
partially developed residential lots classified Low Density Residential (LDR) land use
and zoned Single-family Residential (R-1-A);
Page 2
Ocean Breeze West
SPTE 07-002
South:
Developed lots classified Low Density Residential' (LDR) land use and zoned Single-
family Residential (R-1-A);
East:
Right-of-way for Seacrest Boulevard, then farther east are vacant lots classified
Medium Density Residential (MDR) land use and zoned Duplex Residential (R-2).
Immediately to the southeast are vacant lots classified Local Retail Commercial (LRC)
land use and zoned Neighborhood Commercial (C-2); and
West:
Right-of-way for Northwest 1st Street, then farther west are developed iots classified
Low Density Residential (LDR) land use and zoned Single-family Residential (R-1-A).
BACKGROUND
Mr. Bradley Miller, AICP with Miller Land Planning Consultants, Inc. as Agent for the property owner is
requesting a one (l)-year site plan time extension for the Ocean Breeze West New Site Plan Development
Order (NWSP 05-030), which was approved by the City Commission on January 3, 2006. The site plan
approval is valid for one (1) year from the date of approval. If this request for a one (l)-year time extension
were approved, the expiration date of this site plan, including concurrency certification, would be extended to
January 3, 2008.
The subject property consists of 3.44 acres zoned Multi-Family Residential (R-3), located within the
boundaries of the Heart of Boynton Redevelopment Plan. The property was previously the western section of
the former Boynton Terrace apartment project, which has since been razed. According to the staff report for
the approved new site plan (NWSP 05-030), the proposed Ocean Breeze West is a redevelopment project
approved for a total of 37 fee-Simple townhomes, recreation amenities, and related site improvements.
The 37 dwelling units (at a density of 10.8 dwelling units per acre) are proposed as three (3)-bedroom units
planned within eight (8) separate buildings on the 3.44-acre site. Each building would contain either four (4)
or five (5) dwelling units. The approved site plan proposes one (1) model type, which would be two (2)
stories tall and 1,399 square feet "under air conditioning". The proposed buildings would contain some
elements reminiscent of Key West style of architecture. This contemporary townhouse design would have
standing seam metal roofs, decorative shutters and garage doors, and simulated wood siding.
ANALYSIS
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits include
but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The
Regulations authorize the City Commission to approve site plan time extensions up to one (1) year, provided
that the applicant files the request prior to the expiration date of the development order. In this case, the
applicant has met that requirement. The Planning & Zoning Division received the application for time
extension on December 7, 2006, approximately one (1) month prior to the expiration date of the site plan.
According to the justification submitted far the requested time extension (see Exhibit "B"), the applicant
explains that (1) they have-applied for and received some land development permits, and (2) the remaining
permits were put on hold during meetings with the CRA which wanted to redesign or buy the project. In
addition, the justification explains that the property owner was also delayed for months due to a near fatal
accident. The justification also includes a chronology for Ocean Breeze West which details the "good faith"
efforts in moving forward with the project.
Page 3
Ocean Breeze West
SPTE 07-002
A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency
requirements. On December 12, 2005 the Palm Beach County Traffic Division approved the traffic study for
this project and included a restriction that no building permits are to be issued for the project after the build-
out year of 2008.
The site plan time extension is still subject to the original 30 conditions of the new site plan approval. Lastly,
no new land development regulations are now in place against which the project should be reviewed and
modified. As for application of the Art in Public Places ordinance (05-060), this project remains exempt, as
the new site plan request was filed and under review prior to adoption of Ordinance 05-060 on October 5,
2005.
SUMMARY I RECOMMENDATION
Staff recommends approval of this request for a one (l)-year time extension of the Ocean Breeze West site
plan (NWSP 05-030). If this request for extension were approved, the expiration of this site plan would be
extended to January 3, 2008. Staff is generally in favor of the redevelopment efforts represented by the
approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the Heart
of Boynton Redevelopment Plan for this area and provide economic revitalization. The proposed Ocean Breeze
West project will provide an opportunity for redevelopment in a highly visible corridor in the City, increase the
value of adjacent and nearby properties, and contribute to the overall economic development of the City. If
this request for site plan time extension is approved, all outstanding conditions of approval from the new site
plan approval must still be satisfactorily addressed during the building permit process. Any additional
conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions
of Approval (see Exhibit "c'').
S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze West\SPTE 07-002\Staff Report.doc
Exhibit "A" - Ocean Breeze West
Location Map
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EXHIBIT liB'
MILLER
LAND
PLANNING
CONSULTANTS, INC.
298 PINEAPPLE GROVE WAY
DElRA Y BEACH, FLORIDA 33444
PHONE. 561 /272-0082
FAX . 561/272-1042
EMAll/WEB.mlpc@mlpcinc.com
www.millerlandplanning.com
December 7,2006
,
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i U L; DEe 7 2006 ; i Ii; :
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ION!.!iSi..QlPT I
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Ed Breese
CITY OF BOYNTON BEACH
PLANNING AND ZONING DEPT.
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
RE: Ocean Breeze West - nme extension
Dear Ed:
Please consider this request for a time extension of one year on Ocean Breeze West. This
project was approved by the City Commission on January 3, 2006. Since then we have applied
and received some land development permits. The CRA wanted to redesign or buy this project
so the remaining permits were put on hold. All of this along with the owner, Larry Finkelstein's
almost fatal accident at the end of March have caused this project to be delayed.
I have attached a chronology of what has transpired since being approved along with a
check made payable to the City of Boynton Beach for $500 and request that this time
extension be granted.
Thanks for your cooperation.
Sincerely,
CER LAND PLANN NG CONSULTANTS. INC.
Christi Tuttle
cc: larry Finkelstein
M:\M l P C\PROJECTS\Ocean Breeze West\E. Breese time extension 120706.wpd
CHRONOLOGY FOR OCEAN BREEZEiWEST
3/05 Meetings with the Mayor, CRA Director, City Manager and Development Director
to inform them that I am looking to buy the old Boynton Terrace property and will need
their help in order to build an affordable for sale project for that community.
3/05 - 9/05 multiple meetings with City and CRA staff
9-05 bought property
12-05 Phase I site plan, DIF A and lien waiver approved
12-05 City places lien on property
1-06 Phase I site plan approved by commission
2-06 DIFA and Lien Waiver signed
2-06 Bank: loan negotiations begin
2-06 Soft bidding begins
2-06 Letter to CRA, project numbers don't work; need assistance to do the project the
CRA wanted.
3-31-06 near fatal accident, in hospital for 2 months, then wheelchair, now in physical
therapy, walking again and back at office two days a week
4-20-06 Bank Term Sheet signed
5-05 Land Development construction plans final and submitted to City and various
agencIes.
5-05 Land development Permits applied for
6-13-06 Bank Commitment Letter signed
6-06 - Land development final construction docs started
7 -06 - Land development final construction plans finalized and permit applications
started
7/8-06 - Some land development permits received
8-06 - Remaining permits for land development needed respo~ses. Responses halted as
negotiations continued with CRA to redesign the project or sell the land to the CRA
9-12-06 received copy of agenda item that was voted on.
9-14-06 met with Vivian & Robert to discuss the Agenda jtem.
9-18-06 sent the CRA an outline based on their offer and clarifying details
9-26-06 Spoke to Lisa Bright, requested a revised contract based on the revised DWA
terms to review before the meeting as agreed. Lisa Bright wanted to wait until she spoke
to all Board members as it seems the purchase is the preferred option.
9-29-06 "All roads are leading to purchase" lb (Lisa Bright) - so we must assume that no
revised DIFA or Developer's Agreement will be forthcoming
10-15-06 Lisa Bright says appraisal not high enough
10-25-06 CRA meeting - decided to go out for review appraisal, but no real timeline set.
1 0-06 Lisa Bright calls and says the review appraisal will not be done in time for the
November meeting and therefore it will not be on the agenda, so I should move on with
any plans I may have.
11-06 Since no offer to purchase the property was ever received and there has been no
further communications of any substance since the October meeting, the Developer must
move forward as the carrying costs during this wait for the CRA decision have been
significant.
EXHIBIT "e"
Conditions of Approval
Project name: Ocean Breeze West
File number: SPTE 07-002
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
.
PLANNING AND ZONING
Comments:
Conditions of Approval
Ocean Breeze West
SPTE 07-002
P 2
age
I DEPARTMENTS I INCLUDE I REJECT I
1. The site plan time extension shall be subject to all previous Conditions of
Approval.
ADDITIONAL COMMUNITY REDEVELOPMENT
AGENCY BOARD CONDITIONS
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S :\PJanning\SHARED\ WP\PROJECTS\Ocean Breeze West\SPTE\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Ocean Breeze West
APPLICANT'S AGENT: Mr. Bradley Miller, AICP / Miller Land Planning Consultants, Inc.
APPLICANT'S ADDRESS: 114 North Federal Highway, #202 Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 3, 2007
TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension from January 3, 2007
until January 3, 2008, for 37 proposed townhouses on a 3.44 acre
parcel in the R-3 zoning district.
LOCATION OF PROPERTY: Southwest corner of Northwest 8th Avenue and Seacrest Boulevard,
located approximately 1 ,700 feet north of Boynton Beach Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
J :\SHRDA T A \Planning\SHARED\WP\FORMS\Blanks forms foider\Develop. Order Form-2001-Revised .doc
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-019
TO:
Chair and Members
Community Rede. ve~lq.~ ent Agency Board
r
.'-
Michael Rumpf I
Director of Planning and Zoning
THRU:
FROM:
Gabriel Wuebben
Planner
DATE:
February 26, 2007
PROJECf:
Seaview Park Club I SPTE 07-003
REQUEST:
Site Plan Time Extension
PROJECT DESCRIPTION
Property Owner: Lennar Homes, LLC
Applicant I Agent: Lorie Moccia of Lennar Homes
Location: 1620 N. Federal Highway (See Exhibit "A" - Location Map)
Existing Land Usel Zoning: Special High Density Residential (SHDR 20 du-ac) I Infill Planned Unit
Development (IPUD)
Proposed Land Usel Zoning: No change
Relief Sought:
Site Plan Time Extension for a 64 unit, three (3) story townhouse project.
Acreage:
3.756 acres (163,611.36 square feet)
Adjacent Uses:
North:
To the northwest, developed multi-family rental complex (Manatee Bay) designated
Local Retail Commercial (LRC) and Community Commercial (C-3); to the northeast
Manatee Bay designated High Density Residential (10.8 du/ac) and zoned Multi-family
Residential (R-3);
South:
To the south along Federal Highway, existing developed commercial strip center
(Yachtsman's Plaza) with an approved development plan for a 61 townhome
community designated Special High Density Residential (SHDR - 20 du/ac) and zoned
Infill Planned Unit Development (IPUD); farther east, developed Single-family
residential (Yachtsman's Cove) designated Low Density Residential (4.84 du/ac) and
zoned Single Family Residential (R-l-AA);
East:
,
Right-of-way for Intracoastal Waterway; and
West:
Rights-of-way for u.s. 1 and the Florida East Coast Railroad.
Page 2
Memorandum No. PZ 07-019
BACKGROUND
Ms. Lorie Moccia, representative for Lennar Homes, Incorporated, is requesting a one (1) year site plan time
extension for the construction of 64, three (3) story townhouse dwelling units. This site plan was originally
approved by the City Commission on February 15, 2005 along with the corresponding request for land use
change and rezoning (LUAR 04-010) to Special High Density Residential (SHDR) land use and Infill Planned
Unit Development (IPUD) zoning district. These approvals are valid for one (1) year from the date of approval,
unless a building permit has been issued or a time extension applied for. A site plan time extension was
approved in February of 2006, as the applicant was unable to secure a permit by the expiration date. A second
time extension is now requested. If this request for extensions were approved, the expiration date would be
extended to February 15, 2008. According to the modified site plan staff report, Seaview Park Club was
approved to construct a total of 64 dwelling units.
ANALYSIS
Lennar Homes, Inc. is requesting a second (1) year time extension to their original approval date of February
15, 2005. If granted, the site plan approval would be extended to February 15, 2008. All project conditions
of approval pertaining to the original Site Plan and Minor Modification would still apply.
In support of their request, Lennar Homes submitted a list of justifications. They note that since approval of
the first time extension, they have demonstrated their commitment to the completion of the project by
accomplishing the following:
· applied for and received a demolition permit on April 14, 2006
· completed demolition and clearing of the old mobile home park
· received a land development permit on July 17, 2006
· received a fill permit on August 14, 2006
· received a water and sewage permit on July 13, 2006
· received a paving and drainage permit on August 17, 2006
· water, sewer, and drainage construction has been completed and is currently in the final testing and
approval stages with Boynton Beach Utilities and Engineering
· the site has been filled and graded to proposed elevations
· dry utility for FPL, Bell South, and Comcast has begun
· the privacy wall near the south property line has been installed
· the bulk head wall has been installed along the Intracoastal Waterway
· the retaining wall along the north property line is under construction
· road construction is scheduled to begin on February 26, 2007
· the minor site plan modification to include docks was approved on July 24, 2006
According to Chapter 4, Section 5 of the Land Development Regulations at the time of site plan approval, "the
applicant shall have one (1) year to secure a building permit from the Development Department". Examples
of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation,
and structural. The Regulations authorize the City Commission to approve one (1) year time extensions,
provided that the applicant files the request prior to the expiration date of the development order. In this
case, the applicant has met that requirement. The Planning & Zoning Division received the extension request
February 15, 2007 the expiration date of the previous one (1) year site plan extension.
A more formal criterion for evaluating requests for time extensions is compliance with concurrency
requirements. This project's traffic study was sent to Palm Beach County Traffic Division for their review and
approval at the time of original site plan review and approval. The Traffic Division determined that the
Page 3
Memorandum No. PZ 07-019
proposed mixed-use project is located within the designated Boynton Beach Traffic Concurrency Exception
Area (TCEA), and therefore meets the Traffic Performance Standards (TPS) of Palm Beach County. However,
the original site plan approval indicates that no building permits are to be issued by the city after the build-
out date of 2006. Therefore, the applicant will need to approach Palm beach County once again to extend
the build-out date as set in the original site plan approval (See "Exhibit C - Conditions of Approval)
The site plan time extension would still be subject to the original conditions of the site plan approval. Lastly,
no new land development regulations are now in place against which the project should be reviewed and
modified. As for application of the Art in Public Places Ordinance, site plan approval occurred. prior to the
adoption of Ordinance 05-060
RECOMMENDATION
Staff recommends approval of this request for a one (1) year time extension of the new site plan (NWSP 04-
014) based upon the evidence of good faith submitted by the applicant to construct the project in a timely
manner. If this request for extension were approved, the expiration date of the application would be extended
to February 15, 2008, and all conditions from the original approvals must still be satisfactorily addressed during
the building permit process.
S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\SPTE 07\SPTE 06-011 Staff Report.doc
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R-1-A
'Single-family
Resi~enii~1
Exhibit "A" - Seaview Park Club
Location Map
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560
840
February 14, 2007
EXHIBIT B
Michael W. Rumpf
Director of Planning and Zoning
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
FEB I 5 2007
,
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PL~\i\i1',i~t\IG ;:".,;.~n
zorw~(; Dcp1
Re: Seaview Park Club - Request for Extension of Site Plan Approval
Dear Mike,
As you are aware, site plan approval for the above project was granted by the City
Commission on February 15, 2005, and an extension to the site plan was granted on
March 21, 2006. Lennar Homes, LLC. has been diligently working on the land
development and construction of this community. Despite our best efforts, however, it
appears that we will not have secured a foundation building permit from the City of
Boynton Beach prior to the expiration of our site plan approval.
We are therefore requesting an extension to our current site plan approval for a period
of one year to allow us to complete the building permit application process.
In support of this request for extension of site plan approval, we would ask that you
consider the following accomplishments, since the last extension was granted which we
feel demonstrates our firm commitment to the successful development of the Seaview
Park Club Community:
· Demolition Permit received April 14, 2006.
· Demolition and Clearing has been completed of the old mobile home park.
· Land Development Permit received July 17,2006.
· Fill Permit received August 14, 2006
· Water and Sewer Permit received July 13, 2006.
· Paving and Drainage Permit received August 17, 2006.
· Water, Sewer and Drainage construction has been completed and is currently in
the testing and final approval stages with Boynton Beach Utilities and
Engineering.
· Site has been filled and graded to proposed elevations.
· Dry utility installation for FPL, Bell South and Comcast has begun.
· Privacy Wall near South property line installed.
· Bulk head Wall along Intracoastal installed.
· Retaining Wall along North property line under construction.
· Road construction scheduled to begin 2.26.07
· Minor modification of site plan to include docks approved July 24, 2006.
We respectfully request for this extension of the site plan approval be submitted for
inclusion in the next CRA agenda and the subsequent City Commission agenda. Lennar
Homes, LLC. will of course mail required notices to neighboring property owners and
8136 Okeechobee Blvd, Suite A, Palm Beach, FL 33415. Phone: 561-333-4700. Fax: 561-228-5289
LENNAR.CDM
Gr
--
post required signage in advance of the above meetings. Should you require any
additional information please do not hesitate to contact me directly at (561) 228.5316.
Your response to this matter would be greatly appreciated. Thank you once again for
your continued support.
Respectfully yours,
8136 Okeechobee Blvd, Suite A, Palm Beach, FL 33415 . Phone: 561-333-4700 . Fax: 561-228-5289
LENNAR.CDM
15:r
-
EXHIBIT "C"
Conditions of Approval
Project name: Seaview Park Club
File number: SPTE 07 -003
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None
PUBLIC WORKS - Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
.
Comments:
1. The time extension is subject to the original Conditions of Approval.
Seaview Park Club SPTE 07-003
Conditions of Approval
P 2
age
I DEPARTMENTS I INCLUDE I REJECT I
2. Prior to issuance of a building permit, the applicant shalI submit an updated
traffic concurrency letter from Palm Beach County.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
To be determined
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\SPTE 07\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Seaview Park Club
APPLICANT'S AGENT: Ms. Lorie Moccia - Lennar Homes
APPLICANT'S ADDRESS: 8136 Okeechobee Blvd. Suite A Palm Beach, FL 33415
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 3,2007
TYPE OF RELIEF SOUGHT: Request site plan extension approval for one year, to construct 64,
three (3) story townhouse units on 3.756 acres in the IPUD zoning
district.
LOCATION OF PROPERTY: 1620 North Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHAREDlWP\PROJECTS\Seaview Park Club\SPTE 07\Seaview Park Club DO.doc
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEmNG
HELD IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
ON TUESDAY, FEBRUARY 6, 2007, AT 6:30 P.M.
Present:
Henderson Tillman, Chair
Stormet Norem, Vice Chair
Rev. lance Chaney
Marie Horenburger
Steve Myott
Guam Sims
Lisa Bright, Executive Director
Ken Spillias, CRA Board Counsel
Absent:
Jeanne Heavilin
1. Call to Order - Chairman Henderson Tillman
Chair Tillman called the meeting to order at 6:32 p.m.
II. Pledge to the Flag and Invocation
The board recited the Pledge of Allegiance to the Flag, followed by the invocation led by
Reverend Chaney.
III. Roll Call
The Recording Secretary called the roll and determined a quorum was present. It was noted
Mayor Taylor and Amy Dukes, Attorney with Lewis, Longman and Walker, were present.
IV. Agenda Approval
A. Additions, Deletions, Corrections to the Agenda
B. Adoption of Agenda
Ms. Horenburger moved to approve the agenda. Vice Chair Norem requested clarification that
the board would be approving the agenda, which included the Consent Agenda and items could
be removed from the consent agenda at this time. This was confirmed as correct. Vice Chair
Norem pUlled Consent Agenda Item VIII E.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
February 6, 2007
Lisa Bright, Executive Director, announced Javier Camacho, from the Youth Gang
Resource Center was present. Mr. Camacho had traveled from the Miami-Dade area to
address the board about gang activity. She requested item, Item X A. be moved up on
the agenda, in order to allow Mr. Comacho time to return to Miami-Dade area at a
reasonable hour.
Motion
Ms. Horenburger moved approval of the agenda with the removal of Consent Agenda
Item VIII E. being moved to the regular agenda and comments by Mr. Camacho moved
on the agenda to immediately after adoption of the agenda, as Item C. Reverend
Chaney seconded the motion that unanimously passed.
x. New Business: - Heard out of order
A. Evaluate Alternatives to Support the City's Strategic Initiatives Against
Gang Violence.
Ms. Bright explained at the last CRA meeting, the board was interested in supporting the
City's efforts to deal with gang violence. Mr. Javier Camacho was present to provide a
brief overview of the issue. Mr. Camacho was from Dade County and serves on the
Fourth Annual Summit for Anti-Gang Violence.
Mr. Camacho thanked the board and explained he was the Program Coordinator for the
Youth Gang Resource Center, which was a program funded through the Alliance for
Human Services in Miami-Dade County, the Miami-Dade Criminal Justice Council, and
Miami-Dade County. His job is to disseminate information on gangs County-Wide
One program was the Youth Gang Resource Center, which provides parents with
information to spot gang symptoms and in which he provided those outreach services.
He advised he often speaks to community-based organizations that have parenting and
life skill sessions to parents. GREAT (Gang Resistance Education and Training) provides
training to Police Officers to go into the school system and discuss the issues with the
students and staff.
Another program funded was a hotline operated by the switchboard of Miami. This was
an anonymous telephone number used to obtain information on gangs and resources
available in the community.
The third program, GUESS, was a therapeutic service that proVides therapy to anyone
gang involved or gang associated to assist them to leave the gang lifestyle.
The fourth program was the Gang Summit. Mr. Camacho explained it was scheduled for
April 13th and April 16th at the North Miami Beach City Hall. In prior years, up to 400
individuals attended the summit and this year, projected up to 500 individuals would
attend this year. The summit would allow for two break-out sessions. Topics that would
be discussed were intervention and prevention, and law enforcement and the federal
view on gangs.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
February 6, 2007
Mr. Comacho explained there was no cost to attend the summit and the registration
form was being drafted. Ms. Horenburger suggested partnering with the tri-county
region. She announced the federal government declared the area as a tri-county area,
and she thought working together might yield a greater level of success.
Mr. Camacho also announced another summit was being sponsored by the Homestead
Police Department at Signature Gardens. Law enforcement personnel, police
departments, community-based organizations, youth and parents and anyone else
desiring to address the issue and become more informed on the topic could attend.
Mr. Camacho explained the Palm Beach County Criminal Justice Commission was not
directly involved with the Miami-Dade organization, but he thought it would be great to
collaborate in this area. Ms. Horenburger explained, former Congressman, Harry
Johnston, is the incoming chair for the Palm Beach County Criminal Justice Commission,
which is engaged in five cities, including Boynton Beach. They have a gang program and
Youth Violent Crime Prevention Program, which was being monitored through Florida
State University.
Ms. Bright announced they received a $300K unrestricted grant that would allow for
program flexibility. She advised the City Manager met with neighboring cities and they
were trying to harness some of the different programs.
Mayor Taylor explained, he, the City Manager and the Police Chief attended a
conference with the surrounding communities and compared the different programs and
identified which worked the best. The $300K grant would be used for those types of
programs, which could help prevent children from joining gangs.
Mayor Taylor also advised he was working on a program implemented in Los Angeles, EI
Paso and San Antonio, to go after gang members themselves. The program established
exclusionary zones and if known gang members showed up in the zones, they could be
arrested strictly for being there. This concept was tested in the courts and withstood
legal challenges. Mayor Taylor advised he intended to ask the City Commission to
review the initiative to see if they were interested in it. Examples of zones could be
parks, school areas, shopping centers and others. The same concept applied to sexual
predators.
Chair Tillman asked about the effectiveness of the awareness programs. Mr. Comacho
explained the more they were out in the community and promoting the programs in the
schools, the more phone calls they received about therapeutic services and the more
attendees they had at the summits.
Mr. Comacho explained they received referrals from the Miami-Dade Juvenile Services
Department, and the office of Juvenile Justice Delinquency. He announced the daily
programs that were in place were a tremendous success.
Prevention programs, such as Project IMPACT and Panzou, were specific to the location
of the gangs. The Panzou Program catered to the Haitian community. He clarified gang
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
February 6, 2007
problems can be specific to areas. Through these programs, parents or community
organizations could also receiVe training by attending life skills or parenting sessions. On
the job training is also provided in some of the programs.
Chair Tillman reported at least four cities have been involved in meetings on the issue,
which were Delray Beach, Lake Worth, Lantana and Boynton Beach. He expected to
hear what direction they wanted to go in the sub-district part of the county and thought
the collaboration would enhance the success. He thanked Mr. Comancho, the CRA staff
and Miami-Dade County for putting forth the information. He requested staff keep the
board apprised of information from the City Manager's office.
V. Public Comments:
Herb Suss asked whether there was a meeting held this morning with the City Manager
and Intown Development.
Ms, Bright responded there was no meeting with the City Manager.
Mr. Suss indicated that between Intown and the other developer, they had reported
they had $60M of New Market Tax Credits nationwide. He indicated $40M was in the
hopper and $20M was left nationwide. He thought the CRA should take this under
advisement before entering any situation with Intown.
Mr. Suss asked whether Intown had issued a financial statement. Chair Tillman
responded that information would be addressed later in the meeting.
Mr. Suss spoke about the gang violence issue. He asked whether the CRA could get
more money and suggested the old Civilian Conservation Corps (CCC) program as an
alternative. He explained the CCC program, during the 1930s took people and put them
to work. He thought some of those programs could be tied to gangs if they could reach
out and give them some type of training. He advised there were federal programs for
this. He thought gang violence was a national epidemic.
Kevin Ballard, 550 NW 13th Avenue, spoke about the gang violence issue. He
indicated he did not see gangs in the area where he lived. If the City instituted zones,
he was concerned about the definition of the term gang member. He asked if he was
talking on the corner, whether he would be designated a gang member.
Chair Tillman explained people would be taught exactly what the issue was before they
instituted anything. He did not want the effort to backfire and further indicated the
more educated people were, the more likely it would diminish gang movement. The
board noted gangs were a national problem. They noted they moved around and
thought it would behoove the City to partner with surrounding areas and have a unified
effort.
VI. Public Hearing:
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
February 6, 2007
Old Business: None
New Business:
A.
PROJECT:
Proportionate Fair-share Mitigation Program (CDRV
07-001)
City-initiated as per 163.3180(16), Florida Statutes
Amendment of Land Development Regulations,
Chapter 1.5, Article VI. Concurrency Requirements,
to comply with new growth management legislation
directing local governments to adopt a methodology
for assessing proportionate fair-share contributions
from developers to meet traffic concurrency
requirements for local roads.
AGENT:
DESCRIPTION:
Hanna Matras, Planner for the City, presented the item. She advised the board the
State was requiring all local governments in Florida have a program for traffic
concurrency. They missed the December 1, 2006 deadline because the Department of
Community Affairs (DCA) was not clear whether the City would fall under the purview of
the County, who was in charge of traffic concurrency programs. This item would add
Article 8 to Chapter 1.5 and amended Concurrency Requirements, Chapter 6.
The program provided a methodology for developers, when they added road capacity over
the adopted Level of Service (LOS) to pay its share towards improvements of the
impacted facilities. Ms. Matras clarified this only applied to local roads, not roads that fell
under county and state jurisdictions. The City needed to review concurrency. It was also
clarified the program would exclude Traffic Concurrency Exception Areas.
Motion
Ms. Horenburger moved to approve the request. Vice Chair Norem seconded the motion
that unanimously passed.
VII. Pulled Consent Agenda Items.
VIII E. Boynton Beach Heritage Celebration Invitation
Kathy Biscutti, Special Events Manager, praised the CRA staff for their dedication and
advised she started with the CRA as an Event Consultant. She reported she made a
commitment to create memorable events, which would drive attendance downtown and
encourage relationship with developers that would be a base of sponsorship in years to
come. Her experience with the City was lacking.
Ms. Bright reported there had been emails circulated regarding funding and funding for
an additional event. She reported the CRA had worked for nearly a year on an Interlocal
Agreement with the City and had agreed to coordinate with the City on special events.
These special events were the Pirates of the Intracoastal, the Holiday Extravaganza (the
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
February 6, 2007
parade and the concert), the Medieval Faire and the Heritage Celebration. Ms. Biscutti
was a shared resource between the City and CRA for these events.
Ms. Bright explained at the last minute, an event was proposed by the community for
Heritage Fest. The City Manager was approached for funding, and he approached Ms.
Bright.
Ms. Bright explained she was made aware of the event on January 9, 2007. The event
was originally conveyed to have a cost of $3K. The cost, however, was then clarified to
be $20K, which was not under Ms. Bright's authority. The celebration was sUpposed to
be a joint City/CRA event as outlined in the Interlocal Agreement. Since the request
came between meetings, Ms. Bright asked the Chair to intervene on behalf of the board.
The neighborhood community request was an unexpected event.
Mr. Myott noted the event sounded like a great idea but thought the issue was whether
the CRA could afford it.
Chair TIllman explained he met with the City Manager. City Staff was working on the
event for a year and when the CRA became involved, they got involved in funding and
personnel. He explained last year there was a major issue when n event was sponsored
and it rained. They made sure they would have signature and better events this yearl
which occurred. He explained recently, an event was added that did not involve a cost,
and then a cost was attached to it. He indicated the CRA does not conduct business
that way
The board discussed advertising the event and noted the marketing of the event was
entirely different this year than in prior years. It appeared the Interlocal Agreement had
been fragmented significantly. Mr. Sims asked if the partnership had improved. Ms.
Biscutti reported it was totally frustrating, at best.
Ms. Bright explained the Interlocal Agreement was a partnership arrangement and the
City and CRA staff were to handle the issue. Ms. Bright explained the City Commission
was looking for a return on investment to bring the people to the downtown area. Ms.
Bright also indicated she met with a developer who indicated as part of his project
criteria he would include a $lM budget specifically to bring people to the downtown area
strictly for the events on ongoing basis.
Ms. Bright explained Ms. Biscutti has had to work through a framework where all the
entities had budgets. She noted the event was a large multi-cultural event and the CRA
was supporting it. But, the request was a last minute addition from the neighborhood.
She indicated last year they were approached at the last minute to contribute $25K,
which they did, but the result was the CRA had to cancel events. The two events in
question were the Super Weekend Welcome Reception on Friday night and the Gospel
Concert on Sunday night. Mr. Myott noted the reception invitation already went out and
then proposed splitting the cost with the City and doing better next year. Vice Chair
Norem seconded Mr. Myott's comments.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
February 6, 2007
Ms. Bright thought there were two issues at hand. One was to get though the event.
The other issue was to look at the Inter/ocal Agreement and how the process worked.
Ms. Horenburger thought the issue was not planned, and each entity was operating on a
different page.
Robert Reardon, Assistant Director, advised there were funds in the Contingency
Account, but he did not think the expenditure would be approved by the auditors. He
advised he had no idea, specifically, on what the funds would be used for and he did not
know if the issue was bid out. He suggested, after this event, the CRA consider
abandoning the Inter/ocal Agreement. He reported the issue has become a nightmare
for Bill Mummert and himself and he has no purchase orders for anything. Bills for the
Pirates of the Intracoastal were still coming in four months after the event. He
explained the City staff has been putting on the events for years and Ms. Biscutti has
been cut out of the loop. He would rather see the CRA just give the money to the City
and the CRA bow out of it. He explained when the budget was adopted, $50K was
committed for Heritage Fest. He explained the request was not just for the additional
$23K, it was actually $55K and with all the events combined, the entire budget was now
$170K. The CRA would be paying $100K and they do not have it. Mr. Reardon
suggested holding one event in the future.
Mr. Reardon emphasized he was real nervous about how the extra costs have come
about, and how they could be justified to the auditors. He indicated he was not sure if
he could issue a check to the Finance Department. He explained a special account has
not been set up in the City for the City and the CRA to fund and for Ms. Biscutti to
control.
Ms. Biscutti explained she had no information on the event. She reported she had been
asking for the names of the speakers and the name of the gospel group for more than a
month, and did not receive it. Reverend Chaney thought $l71K seemed extravagant.
and paying Kool and The Gang $65K was outrageous. He wanted to know who
negotiated the price. He explained the group has not had a hit in 15 years. Ms.
Horenburger explained other requests came in and additional events were added on top
of that. It was also noted the event in question was a duplicate event.
Vice Chair Norem removed his second.
Margie Adelsperger, Marketing and Communications Director, discussed the Inter/ocal
Agreement and reported it diluted the CRA's message. She explained it was a challenge,
working with different City departments on developing different logos, tag lines, flyers,
posters and street signs because they do not have cohesive agreement on how it should
be done. It has been done on a compromise basis. She advised that was her biggest
concern .
Chair Tillman indicated many of the issues need to be addressed on a higher level, and
announced the CRA is not able to move forward with the request for funds. He thought
after the event was over, the amount of monies expended might even be higher. He
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Community Redevelopment Agency
Bovnton Beach, FL
February 6, 2007
reported although the agreement started in earnest, this happened last year and a
pattern was established. Ms. Bright indicated Ms. Biscutti indicated the CRA would
diligently work with the City for 2008.
VIII. Consent Agenda;
A. Approval of the Minutes - CRA Board Meeting - January 9, 2006
B. Approval of the Financials - January 31, 2006
C. Budget Amendment - 2006-2007 #01
D. Resolution No. 06-04 - Set Reimbursement to Waypointe Marine, Jnc
E. Boynton Beach Heritage Celebration Invitation
IX. Old Business:
A. MLK Corridor Update
Ms. Bright explained there have been meetings on the MLK Corridor, which included
Torti Gallas of Torti Gallas and Partners, and the firm of McCormack Baron Salazar. Ms.
Bright explained when the City came to the table, all the partners were present. She
announced Mr. Baron acknowledged he had considered some of the staff concerns that
the market had shifted significantly and it may be difficult to sell market rate units on
MLK regardless of the financing.
Ms. Bright reported Attorney Spillias forwarded a development agreement to Intown for
review. She advised they were working towards bringing an agreement back to the
board on March 13,2007.
Attorney Spillias summarized the board's prior directive, that he review contracts and
other documents to demonstrate the level of land control Intown had to date. He
advised he had reviewed those documents immediately prior to the meeting. He could
ascertain in the MlK Corridor there were a number of contracts. He advised some of
the contracts date to 2005, and one from 2004, that included addendums extending
Closing dates. The most recent addendum extended to the execution of a tripartite
agreement and he pOinted out some documents were not formal letters of intent. They
were property owners indicating they wanted to sell to Intown. He also commented
some of the contracts were not complete, or needed to be signed.
Attorney Spillias reported his calculations of the properties that were under control or
contract with Intown, or there was a letter of intent, or were represented as being in
heavy negotiation with, amounted to about 6.6 acres of the area, which equated to
slightly over 25% of the project area.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
February 6, 2007
Of those properties that were under contract with the closing date addenda, those
calculations equated to approximately 14%. Properties under contract, plus the letter of
intent, calculated to be between 16% and 17%. Attorney Spillias advised that on
February 1, 2007, the parties agreed there would be a schedule of tasks to be
completed. The initial task was to review the contracts. The second task was to convey
the information about the results. The third issue was to provide a status on the
development agreement. Attorney SpiJ/ias announced comments were received back
and incorporated into the next version of the draft. He suggested, if the board wanted
to move forward with the agreement to have it ready for the March 13, 2007 meeting.
There were key dates, which needed to be met, and he suggested holding a workshop
on February 15, 2007. The purpose of the workshop was to present the draft
agreement as it existed at that pOint in time. There would be blanks that needed to be
filled in by the CRA and the developer. There would be provisions that he would need
policy guidance on. Attorney Spillias advised after the workshop, those comments
would be incorporated into the development agreement. He also explained it was
hoped they would have received comments from the developers before the workshop.
The CRA would like a new draft from the developers by February 26, 2007, with the
agreement returned by the developer and received by the CRA no later than March 5,
2007, with a final product by March 13th.
The board discussed items the eRA asked for at the last meeting. Attorney Spillias
explained they received the contracts. He indicated with regard to the jOint venture
agreements, or partnership agreements with the partners, which were McCormack
Baron, Torti Gallas, and Intown, they had not received those. Attorney Spillias explained
he made it clear that he would recommend the CRA not enter into any agreement that
was not an agreement with an entity or entities that puts all three of those entities on
the line. Mr. Baron had indicated to him that prior to presenting the agreement to the
board for approval, they would have their partnership agreements in place. For the
immediate moment, however, the agreements were oral and not written.
Ms. Horenburger asked if it was possible to enter into an agreement, contingent upon
receiving the written agreements being put in place within a certain, short amount of
time, and if not, then the agreement would be null and void. Attorney SpiJ/ias
responded the board could proceed that way, but his counsel would be to have them in
place prior to executing the agreement.
Ms. Bright commented since staff had not met with McCormack Baron or Torti Gallas,
with the exception of the initial presentation, it was apparent to staff that they had not
conducted due diligence in the community. They were not aware of zoning or other
factors. They were not knowledgeable about Boynton Beach, and the restrictions they
had in place.
Samantha Simons, Intown Development, explained her group knew they needed a
comprehensive plan since they started the project over three years ago. She reported
Torti Gallas knows they need to file it by August 15th and with the increase in workforce
housing needs, the density needs to be changed. She reported the project was making
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
February 6, 2007
progress, they were working through some of the negotiations and they would have a
Joint Development Agreement in place prior to contracts being signed.
Ms. Simons clarified in reference to the New Market Tax Credits, Mr. Baron has
Proportioned those credits aside for the project, which help buy down retail
opportunities in the project area. She explained the allocation of New Market Tax
Credits was $60M, and that was discussed in the RFP. The figure, she advised, had. not
changed.
Ms. Horenburger asked what densities were being discussed in the meeting. Ms. Simons
explained what was presented in response to the RFP was 10.8 dwelling units per acre.
Nancy Byrne, Assistant Development Director, explained they met with Torti Gallas,
about the Heart of Boynton Plan. If the issue of density comes up, that would be the
only pOint they would make in the development agreement now. She explained, the
plan would need to be presented to the community first, and then the appropriate land
changes would take place once it has been formally adopted by the CRA.
Ms. Horenburger asked if changes in density were minimal, if the project was still
feasible to the partners. Ms. Simons responded they needed to look at all aspects of
how they would plan and adopt a plan that worked for everyone to make it a win-win
for all parties. She explained she thought they were close and suggested crossing that
bridge when they got to it.
Ms. Horenburger asked what percentage or portion of the tax credits were committed to
the project. Ms. Simons explained the Tax Credits were an annual allocation. The next
round may have additional tax credits. She could not speak on Mr. Baron's behalf, but
she felt he would set aside a proportionate amount.
Ms. Bright noted at the last City Commission meeting, she was asked why the CRA was
not supporting the 175,000 square feet of commercial space for Seacrest Village. She
clarified the retail analysis the CRA had conducted with Howard Kohn, and Metropolitan
Planning Council pOinted out 3,000 homes were a minimum to support that amount of
retail. The Metropolitan Study, by Florida International University, showed the housing
needs assessment pointed out the average income was $26,000 and retail would not
change the economic dynamics in the area. She wanted the board to note the City
Commission had a concern about that, and that decisions were being based on those
studies. She announced the CRA did not think, based on the Congress Avenue and
Woolbright corridors that neighborhood retail was the appropriate venue for that area.
Mr. Sims asked why the three pieces of information they had requested were not
received.
Ms. Simons expressed it was her and the partners' understanding, they were SUPposed
to have the contracts submitted and then have 60 days to provide the other information.
At the meetings with the City and CRA, they discussed having those items with the
agreement. She thought the cart was being put before the horse. They would be more
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
February 6, 2007
than happy to present the joint development agreements before the execution of the
contracts.
Mr. Sims read a portion of correspondence from the CRA attorney that indicated Intown
was seeking to submit the document to a neutral third party. He pointed out if the
letter was referencing the Oty, the City was not a neutral party. He wanted to know
specifically, who was the third party. Ms. Simons explained Mr. Baron was perturbed
that properties were being negotiated by the CRA before a tripartite agreement was
executed, and a joint conclusion reached. If the CRA was seeking appraisals, there
should be coordination and communications about said properties to avoid a bidding
war. Ms. Simons indicated they were trying to find a neutral party, but the issue was
not moot and they shared the contracts with Attorney Spillias anyway. She reported
with the City and CRA property, Intown advised a total of 43% of the project area was
secured.
Attorney Spillias explained at the February 1, 2007 meeting, there was a concern the
CRA was still negotiating for properties. A process for purchasing property in the MLK
Corridor had been put into the draft: agreement. The process was the developer would
make every effort to purchase property, and only If there was difficulty purchasing a
property, they would advise the CRA and the Oty, and identify the property. They
would also provide any offers made and appraisals and then they would go forward.
The issue was raised because Ms. Bright had ordered an appraisal on one of the
properties in the MLK corridor. Ms. Bright explained at that time, she made it
very clear to all at the table, that no negotiation or conversation had been held. The
only thing that occurred was an appraisal was ordered and has not been received.
Ms. Bright explained the previous attorney for Intown, Lee Worsham, was present at the
meeting. The CRA felt they had missed the opportunity on the Jefferson Estate because
they were not prepared. At the December 12th meeting, she explained it was made
clear to her that if there were missed opportunities, and if funding were available,
ultimately Intown would be the beneficiary of whatever land was purchased. The
statement given to Ms. Bright, by Mr. Arthur D'Almeida, the Estate Attorney for Bob
Katz, was that he was unsuccessful with striking a deal with Intown Partners on the two
parcels on MLK, and would they be able to negotiate. Ms. Bright advised she would be
happy to get an appraisal and would follow up with him. She ordered the appraisal on
January 19, 2007 and it has not been received. She informed Intown she was ordering
the appraisal, and that she was directed by the board to order an appraisal for the
Delray/Boynton Academy.
Ms. Bright referenced a letter from the first meeting on September 20, 2007 with Intown
Partners. She explained those issues were items they were dealing with for a
comprehensive strategy back then. The CRA was Intowns partner. She explained they
were trying to follow a protocol that changed daily and they do not buy land there.
Attorney Spillias pointed out, the parties recognize that if they are all out in the area,
doing their own negotiations, it gives purchasers the opportunity to play one off the
other. They do not want prices increased for Intown or the eRA. He commented he
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Community Redevelopment Agency
Boynton Beach, FL
February 6, 2007
was disturbed at the letter as well. It appeared the issue keeps coming back there is a
fear the eRA is negotiating deals and it was governing the conduct. Attorney Spi/lias
received the letter by emaiJ earlier in the day but was allowed to review the contract
prior to the meeting.
Mr. Myott left the meeting at 8:15 p.m.
Reverend Chaney was concerned about the ownership of the property. The total
property between Intown, the CRA and the City was apprOXimately 43%.
Vice Chair Norem was disturbed by the letter. He expressed his thoughts there would
not be an agreement ready next month and thought changing attorneys and delays
were a pattern. He was ready to change and indicated if there was no draft, how could
the board vote on it.
Chair Tillman indicated the situation did not look good as a growing City. Over the past
eight months, over $50K was spent on legal fees. He indicated the CRA needs to do
business in a viable pUblic way and they are entrusted to do so under State Statute. He
asked for a motion to end this.
Ms. Horenburger spoke about her comments in prior minutes about contractual
agreements, which explained there would be a development agreement by March 13,
2007. Her feelings were there Was a pattern to make public statements and not give
clear answers to very specific questions. She clartfied the vote was to have a March 13,
2007 deadline. She acknowledged the relationship deteriorated significantly and she did
not know why. She was not sure this was the time to end the matter.
Mr. Sims was disturbed with the letter, particularly after so much momentum was
gained with the tripartite agreement. He asked the board to maintain its integrtty and
its wort< and honor the March 13, 2007 deadline. He expressed he was doubtfui the
agreement would be reached by then. He thought the CRA was being incredibly patient.
Vice Chair Norem pointed out there were certain Items that had not been delivered.
He was unsure of when to draw the line.
Reverend Chaney concurred it was unfair to board counsei to receive documents at the
last minute and thought it Created an aclversartal roie. He agreed with Mr. Sims, that
Attorney SpillJas needed to adequately review the documents and then property advise
the board. He has received partial reports and if requested Information could not be
received by the agreed on date, the CRA should be properly apprised as opposed to
learning about it at the last minute. He expressed frustration they had asked direct
questions and had not received direct answers. He expressed the CRA Wanted the
project to Proceed with fairness and integrtty, but the CRA was not getting the straight
answers it needed.
There Was consensus from the board to wait until the March 13, 2007 meeting to
discuss the issue.g
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Community Redevelopment Agency
Boynton Beach, FL
February 6, 2007
Attorney Spillias indiGlted they would hold a workshop on February 15, 2007 to review
the work product in terms of policy decisions and In antidpatiOl1 of a final contract. This
WOUld give him the information he needed to properly review the dratl. He also
IndlGlted he brought Tara Duhy, a contemporary from Lewis Longman and Walker, P.A.
Into the arena so there would always be two knowledgeable individuals available to
advise the board in the event he was unavailable.
Motion
Ms. Horenburger moved to hold a workshop on February 15, 2007 at 6:30 P.m. Vice
Chair Norem seconded the motion that unanimously passed.
Herb Suss requested to speak. Chair Tillman explained there was no pUblic comment on
the item.
8. Dive Shop lease Update
Ms. Bright reviewed the item. Staff wanted to terminate the lease on December 31st In
order to renovate the restroom at the marina. The goal was to create an interim lease
until the construction plans and other issues would be finalized.
Ms. Bright explained a long-term lease keeps coming back from Ms. Simmons counsel
detailing long-term issues that the CRA was not prepared to address at this juncture.
Ms. Simmons was currently paying $1.36 per square foot for their space, versus about
$17 per square foot. The commitment was to build the public restrooms and the CRA
spent $7,000 trying to negotiate a lease. Ms. Simmons Was Present to discuss the issue
with the board. Ms. Bright darified Ms. SimmOl1s needed to have a lease In place In
order for her to be able to operate as a dive shop.
Lynn Simmons, 700 Casa Loma BoUlevard, announced she was the owner of the dive
shop. She reported she was unsure how they Wound up In an adversarial position and
thought the lease was progressing well. She agreed attorney fees Were becoming
unreasonable and announced she had agreed to a OI1e-page lease, which has evolved
into a 10 page lease. She agreed to paYing rent.
Ms. Simmons advised she had a problem with two issues. She reported the bUSiness
had become, because of the 10Gltion and surrounding activities at the site, more than a
dive Shop. Over the last three years, she prOVided the public access to restrooms, she
accepts and delivers deliveries and she is open all year from 7:00 a.m. to 7:00 p.m. She
reported Until the public restrooms are complete, there Were no fadllties for charter
boats and others to use. She appredated the board trying to work With her and she
expressed her desire to work With the board. She further announced she has been at
the marina for 24 years, and the business has grown from a mlnlscuie bUSiness to the
biggest dive operator in the City. She was not sure What to do about the lawyers.
Mr. Sims diScussed two Items. One was Insurance. Ms. SImmons diSCUSSed Item 24 of
the lease, which Indicates she has a $2M liability insurance policy, but the lease is
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
February 6, 2007
requiring her to pay property insurance of $SOOK. She does not own the property, and
her insurance agency indicated the property owner should be paying the property
insurance.
Amy Dukes, attorney for the CRA explained that was not correct and she WOuld need
to review it. She thought the item COuld be removed. Ms. Dukes, also indicated the 10
page lease was proposed by Ms. Simmons attorney, not the CRA. Ms. Dukes darified
the CRA was interested in offering an interim lease, not a long term lease because they
did not know what the facility would look like until they got in there and commenced
renovations.
The second item had to do with the Prohibition of sale of food. Ms. Simmons
announced she had no objection to the addition of this item In the second lease, but not
for the first. Ms. Simmons had been providing the Marina Village construction crew With
fOOd and beverages.
Ms. Bright explained the food being sold in open containers was against CRA policy. She
commented she spoke with the boat owners and they Preferred she offer pre-packaged
food and soda outside in a vending machine. Ms. Simmons had no objections to the
request. She reported food in open containers had been eliminated.
Attorney Spillias explained it appeared there Was a disconnect between Ms. Simmons
and her attorney. He suggested haVing a meeting With a CRA representative, Ms.
Simmons and her counsel.
Ms. Horenburger asked about the siZe of the dive shop and how the leasing rate Was
established. Mr. Reardon explained the rate was inherited from Two George's, but the
CRA owned the property. Mr. Reardon explained as a government entity, they do not
pay taxes on the property, but when the space is leaSed, taxes would be paid, but he
did not know how much the taxes Would be. He explained he submitted a report to the
County on January 15, 2007 outiinlng what leases they had on the bUilding and advised
next year they would be subject to property tax.
Mr. Reardon asked Attorney Splllias if before any space was leased by the CRA, whether
they had to publish announcements in the newspaper, announcing the leasing of space
in order to allow another dive shop to opt to pay the regular retail Price as OPposed to
the $1.36 per square foot Interim amount. Mr. Reardon reported he read the
requirement In the Florida Statutes and he was unsure if they COuld continue the matter
without doing so.
Attorney Spill/as clarified the issue was in Some respects, a continuation of the existing
lease which ended with Two George's. Attorney Spillias clarified when the CRA
Purchased it from Two George's they became Two George'S successor. He did advise
they Would need to publish for the long-term lease, but not for the Interim lease.
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
February 6, 2007
Mr. Reardon clarified for the record, there was a men's and ladies' bathroom at Two
George's. Ms. Horenborger thought the temporary lease should reflect a cost and
assessment, and an in lieu of tax fee. She darlfied the CRA did not know how much tax
WOuld be owed and this year the taxes WOuld be increasing. She suggested obtaining
the Infonnation from the Property Appraisers office and that the Item be continUed to
the next meeting. She thought the calculations could be built into the lease.
Ms. Bright indIcated staff could prepare the market rate calculation and a tox rate
calculation. The lease was a hoid over on a month-to-month basis. Ms. Bright explained
the interim lease was to cover the time the CRA staff was going to evaluate, with their
construction contractor, how long the renovations would toke. Ms. Simmons already
agreed to move to a temporary sIte, and at that time, a new lease Would be negotiated.
The board suggested having the attorneys consult on the matter.
C. ReView recommendations and responses to Transit Study RFP
Ms. Brooks, Planner read the Item and explained there is a Transit Concurrency
Except/on Area, (TCEA) within the CRA, which allowed them to redevelop without haVing
to run Into level of Service Issues. Two major requirements of the TCEA With the
County's approval was the CRA would Provide S% affordable housing of all new
deVelopment and conduct a transit study. The CRA staff did not think they needed the
study, but the County did not agree, so an RFP was ISSUed. She reported Hanna Matras,
Economic Planner for the City, who also WOrks With the County on traffic issues,
received three proposals. Staff reviewed the proposals and recommended PBSJ be
selected based on their experience with transit studies.
Motion
Ms. Horenburger mOVed for approval. Vice Chair Norem seconded the motion that
unanimously passed.
D. Presentotion by Northwood Renaissance for a Community land Trust
Ms. Brooks expialned there was Prior discussion about land trusts. She reported they
were developing Products to have more affordabie units in the market. Examples of
those Were down payment assistance and rehabilitation programs, and the Workforce
HOUSing Ordinance. She explained they addressed the moderate-Income category but
not the lOW-income category. She explained With a Comprehensive Housing Policy, they
needed a tool for the very-low and lOw-income families. A Community land Trust was a
very QOOd tool for that because it allOWed for Individuals who COuld not otherwise own a
home from being precluded from owning a home and receIve the tox benefits and equity
benefits that are established through a land trust.
Scott KlIne, NorthwOOd RenaIssance, explained their mIssion was to put homes Within
reach of Working families in Palm Beach County and to improve neIghborhOods through
a holistic approach. The organization incorporated In 1992 and sought to provide
bUsiness and job creation in the Northwood Business District. In 1998 they expanded
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, FL
February 6, 2007
their focus to address the affordable housing issues in the City of West Palm Beach. In
2005, their services expanded to encompass County-wide issues.
The organization received the Bank of America Neighborhood Builders Award. In 2005,
they were named as USK Community Development Champion and they were also
presented with the 1000 Friends of Florida Community Steward Award. They prided
themselves on their successful track record in obtaining competitive grants and loans.
They recently received $2.3M Federal Home Loan Bank's Edge Program for the Village
Center project. They also received $9M in housing tax credits from the Florida Housing
Finance Corporation to build 84 workforce rental apartments. In 2005 they received
Citibank's Partners in Progress Award.
The traditional solution was to provide public subsidies to an income-qualified buyer to
bridge the affordability gap. The gaps, he commented, were becoming cost prohibitive.
Not only were the subsidies not deep enough, but the homes were not being kept
affordable. The primary benefits of a community land trust was public subsidies would
be preserved and the trust would maintain the affordability of the home for future
generations. The concepts of the land trust were they are driven by a community based
non-profit entity, governed by a volunteer board representing the community's interest.
The long-term control of the land is placed in the hands of the local community and the
land trust ensures affordability, using a 99-year ground lease with the home buyer.
Mr. Kline explained depending on how the trust was set up, the community land trust
removed the cost of land from the equation and then reaches the buyers. Resale prices
are restricted but the homeowner would still realize a reasonable return. They would
only sell the home to income-qualified buyers and the trust had the first right of refusal
upon foreclosure of the homes.
Northwood has constructed and rehabbed 30 affordable housing homes and assisted a
family to become a first time homeowner. They offer an alternative to renting. The
largest segment of the workforce and low-income wage earners would never be able to
own their own home without substantial subsidies. There is a non-stable rental market.
The trusts provide stable living environments. He apprised the board over the last year,
Palm Beach County lost of 14,000 rental units to condo conversions and the remainder
of the rentals were higher end.
The trust leverages public dollars and added value. Mr. Klein reported last year, more
workers moved out of Palm Beach County than moved in the County and indicated the
trust would help sustain local economies. He advised over the next few years, more
than lOOK affordable units would be needed and having affordable units helps to sustain
and attract businesses. They revitalize distressed neighborhoods, replaced ugly vacant
lots in blighted areas and constructed homes that compliment the neighborhood.
Ms. Brooks thought this would be a good tool to add to the other tools the board has
instituted in the last year. She reported they were one of the few eRA's conducting
these types of efforts and she commended the board for their foresight. She
recommended staff begin negotiations with Northwood Renaissance.
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Community Redevelopment Agency
Boynton Beach, FL
February 6, 2007
Ms. Bright explained this was a property management tool. It was suggested Ms. Bright
also contact the Delray Land Trust, but it was ascertained they did not have the level of
interest Northwood had.
Motion
Vice Chair Norem moved to begin negotiations with Northwood. Reverend Chaney
seconded the motion for discussion.
Reverend Chaney asked about land trusts and if other land trusts had expertise. Ms.
Brooks explained the Delray Land Trust was brand new, the County was forming one,
but it was not up and running yet. She explained there was much more to a land trust
than forming a corporation. She thought it behooved the board to work with entities
that were familiar with non-profit housing. She announced the Northwood Renaissance
staff had access to subsidies that large non-profit developers did not. Ms. Brooks
expressed this entity had the most experience in this area and further expressed
government entities do not have access to many subsidies.
Ms. Horenburger asked if they entered into an agreement if it would be for long term.
Ms. Brooks recommended making the agreement renewable based on performance and
also recommended a percentage of land they purchase be put into the trust. The land
needed to remain affordable.
Ms. Murray, Executive Director, explained they work collaboratively with all land trusts.
She assured the board, their mission was to preserve housing.
Ms. Horenbuger thought if they entered into an agreement, they should have the ability
to transfer the land from one trust to another if they wanted.
Vote
A vote was taken and the motion unanimously passed.
Attorney Spillias explained his firm represents the Northwood Renaissance CDC. Ms.
Bright indicated they could use other counsel. Attorney Spillias agreed and commented
as long as both lawyers had a waiver, all should be fine.
E. Approval of Mediation Settlement for Jesus House of Worship
Attorney Spillias indicated there was a mediation session and a settlement proposed. He
indicated the matter could be discussed openly, or if not, he suggested holding another
Executive Closed Session. He suggested if an Executive Session was held, to hold it on
February 15, 2007 before the workShop. At that time, he would explain the issues and if
all the questions were answered, the board could vote on it that night. There was no
deadline. Attorney Spillias preferred to hold a special meeting.
Attorney Spillias announced for the record he was looking for gUidance with regard to
settlement and cost of litigation in Boynton Beach CRA vs. Jesus House of Worship, Case
No. 502005CA004252XXXMB in the 15th Judicial Circuit in and for Palm Beach County.
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Community Redevelopment Agency
Boynton Beach, FL
February 6, 2007
The attorney client session would be at a special meeting at 6:00 p.m. on February 15th
in Chambers, to be attended by the board, The Executive Director, and Legal Counsel.
Motion
A motion was made by Ms. Horenburger to hold executive closed-door session. Vice
Chair Norem seconded the motion that unanimously passed.
x. New Business:
A. Evaluate Alternatives to Support the City's Strategic Initiatives Against
Gang Violence.
Ms. Horenburger indicated there was a task force in the Sheriff's Department and they
were short personnel. She did not know whether the City had a Police Officer on the
task force. She thought they should explore whether the shortfall in personnel was due,
in part to the City and if so, to consider funding an additional Police Officer to become
involved in the effort.
Reverend Chaney asked if two members of the board served on the board, whether a
Conflict of Interest existed. Ms. Bright explained as long as the meeting was noticed,
there were minutes taken and the members did not discuss the issue among themselves
outside of the meeting, there would be no conflict.
B. Consideration of a Match to the Palm Beach County Development Regions
Grant Program for Village Ice Cream in the Amount of $50,000
Ms. Brooks explained the CRA participates in the above program, which encouraged new
and existing businesses to expand. The program provides a grant of up to $50K from
the County and requires a match from the local municipality or the CRA. She announced
Village Ice Cream Cafe applied for the grant and recently purchased space at Marina
Village offering hand made ice cream and other confections. Ms. Brooks recommended
supporting the application and recommending it for funding. She noted the applicant
has closed on the property and the funds were budgeted.
Motion
Ms. Horenburger moved to approve the request. Mr. Sims seconded the motion that
unanimously passed.
C. Consideration to apply to the State for designation of the marina and
mangroves as Waterfront Florida Communities.
Ms. Brooks explained this was a State program designed to preserve and enhance
existing marinas and keep them as working marinas. Many marinas were being lost to
condominium construction and the State was attempting to preserve the traditional and
marine related jobs in the community. The measure was also an economic development
initiative. If the City received the designation, they would receive up to $50K to plan for
improvements to the marina.
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Community Redevelopment Agency
Boynton Beach, FL
February 6, 2007
Motion
Ms. Horenburger moved to approve the item. Vice Chair Norem seconded the motion
that unanimously passed.
D. Consideration of Entering into a Purchase Agreement with Thomas Walsh
for the 211 E. Ocean Avenue property
Ms. Bright explained over a year ago, Ocean Avenue was designated as the downtown
pedestrian core. The subject property was across from Kenny's Market Place, and CRA
staff negotiated a purchase agreement for $850K. The eRA would like to purchase the
property to activate redevelopment
Motion
Vice Chair Norem moved to approve the purchase agreement. Ms. Horenburger
seconded the motion that unanimously passed.
E. Consideration of additional staff.
Ms. Bright explained staff was overworked and needed two positions; one in the
administrative area and the other in property management. She informed the board the
positions were in the budget. She reported they were buying quite a bit of property and
they needed a person in Property Management. She explained no matter how bleak the
market, they were always looking for individuals to purchase land. The property
management position would be about $70K and the administrative position in the mid
$30K range.
Reverend Chaney requested an organizational chart, and a personnel plan indicating
what they have for the budget, what positions they had, what they were projecting and
future projected positions. Ms. Bright pointed out there were some vacancies that were
not filled that were absorbed by staff.
There was consensus to fill the vacancies. Attorney Spillias advised there was no vote
needed.
XI. Comments by Staff
XII. Comments by Executive Director
Ms. Brighter reported Arthur Slavin, 500 Ocean Plaza, indicated to Ms. Bright he has
documents due. He was supposed to submit documents in 90 days. Ms. Bright
announced they would bring something back next month.
Ms. Bright announced Palm Beach County Days were on March 6, 7 and 8th and she
would make arrangements for members wanting to attend. Those interested should let
her know.
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Community Redevelopment Agency
Boynton Beach, FL
February 6, 2007
Ms. Bright thanked Mr. Reardon for his efforts and for the photos of the Heart of
Boynton (HOB) Beautification Day. The motto was Neighbor Helping Neighbor,
sponsored by the CRA and St. John Missionary Baptist Church.
Mr. Reardon gave a Powerpoint presentation about the HOB Beautification Day.
Reverend Chaney commented 150 volunteers showed up for the Beautification Day and
it was one of the best events he attended. .
Ms. Bright indicated she was working with Mr. Reardon to show the board what projects
were cancelled and the potential unrealized l1F funds. The information would be
brought to the next meeting.
XIII. Comments by CRA Board Attorney
None.
XIV. Comments by CRA Board
None.
xv. Adjournment
There being no further business to discuss, the meeting properly adjourned at 9:35 p.m.
Respectfully submitted,
~C1w~1IYtJit1
Catherine C rry-Guberman
Recording Secretary
020706
20
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY
SPECIAL MEETING HELD IN THE BOYNTON BEACH WOMENS CLUB,
BOYNTON BEACH, FL ON THURSDAY, FEBRUARY 15, 2007 AT 6:00 P.M.
Present:
Henderson Tillman, Chair
Stomet Norem, Vice Chair
Rev. Lance Chaney
Jeanne Heavilin
Marie Horenburger
Steve Myott
Guam Sims
Lisa Bright, CRA Executive Director
Ken Spillias, Board Attorney
I. Call to Order
Chair Tillman called the meeting to order at 6:20 P.M.
II. Roll Call
The Recording Secertary called the roll and determined a quorum was present.
III. Agenda Approval
a. Additions, Deletions, Corrections to the Agenda
There were no additions, deletions or corrections to the agenda.
b. Adoption of Agenda
Motion
Motion to adopt the agenda was unanimously approved 7-0.
IV. Approve Contract for the Treasure Coast Region Planning Council
Market Analysis and Development Program for the MLK Corridor -
2007
Ms. Horenburger asked what would happen if this report came back indicating
the project was not feasible. Ms. Bright responded that she could have signed a
cheaper contract that would have provided just the market study. Ultimately, the
CRA Board would be responsible for developing the MLK Corridor target area, so
she requested a feasibility study identifying what could be built there considering
current market analysis. Mr. Bressner, City Manager, had emailed inquiring about
the difference in the TIF projection with the current developer. Ms. Bright had
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Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
February 15, 2007
explained to Mr. Bressner that the current study, only a feasibility study,
suggested a much lower unit rate. Therefore, the llF projection for Seacrest
Village is extremely high, which is the reason some of those units in that market
study are as low as $436k for market rate up to $487k. Realistically, if this board
moves forward, it needs to identify the type of product and development
program. She hoped the study would be done before the development
agreement comes back to allow for evaluation of suggestions and
recommendations made by the City's Commission. Ultimately, staff can be
redirected to move forward with some type of development program, even if this
developer does not work out. With the results of this study, the board will be
able to answer questions and know what to look for moving forward.
The Treasure Coast study was part of the analysis and the board had to
generally adhere to it. Unaware that the market was going to die, it was the
board's assumption that they could sell those units at $436k to $487k. The CRA
clearly knows differently now. It used the information it had then, when the high
end units were $285k. Ms. Bright indicated that even if the Treasure Coast
Regional Planning Council (TCRPC) Proposal for Market Study, Planning
Evaluation & Analysis, and RFP Assistance for "Heart of Boynton" Redevelopment
Project came back saying there is no way we can do a project of this size and
magnitude in today's market, the CRA would be secure. Typically, a lender
requires a developer to do its own market study. The CRA wanted some other
validating document before signing on the development agreement.
Motion
Mr. Myott moved to approve the Contract for the TCRPC Market Analysis and
Development Program for the MLK Corridor-2007. Ms. Horenburger seconded the
motion that unanimously passed.
V. Adjournment of Open Public Meeting
Before adjourning, Attorney Spillias read into the record that the attorneY/Client
meeting would be about the case of Boynton Beach Community Redevelopment
Agency v. Jesus House of Worship, Inc. Case No. 502005 CA 004252 XXXX MB,
Circuit Court of the Rfteenth Judicial Circuit in and for Palm Beach County,
Florida. He asked that the open public meeting be adjourned and everyone in
attendance leave, other than board members and the Court Reporter.
Motion
Ms. Horenburger moved to adjourn the public meeting. Mr. Myott seconded the
motion that unanimously passed.
The open public meeting was recessed at 6:25 p.m.
,
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Community Redevelopment Agency
Boynton Beach, Florida
February 15, 2007
VI. Executive Attorney/Client Session
Discussion of settlement negotiations or strategy session related
to litigation expenditures in the case of Boynton Beach
Community Redevelopment Agency v. Jesus House of Worship,
Inc., Case No. 502005 CA 004252 XXXX MB, Circuit Court of ~he
Fifteenth Judicial Circuit in and for Palm Beach County, Florida
VII. Adjournment of Executive Attorney/Client Session
VIII. Call to Order of Open Public Meeting
The open public meeting was reconvened at 6:45 p.m.
IX. Consideration of Approval of Mediation Settlement Agreement in
Boynton Beach Community Redevelopment Agency v. Jesus
House of Worship
Attorney Spillias had an executed copy of the Mediation Settlement Agreement
by the Jesus House of Worship. He indicated it was the Board's determination to
approve the settlement agreement.
Motion
Mr. Myott moved to authorize and approve the executed Mediation Settlement
Agreement. Chair Tillman seconded the motion that unanimously passed.
Attorney Spillas advised he would send a copy to opposing counsel, dismiss the
lawsuit and set up a closing on the property.
X. Adjournment
Motion
Chair Tillman moved to adjourn the special meeting at 6:47 p.m. Mr. Sims
seconded the motion that unanimously passed.
Respectfully submitted,
Robin Hemingway
Recording Secretary
02/16/07
3
MINUTES OF THE COMMUNITY REDEYELOP,.,ENT AGENCY
WORKSHOP MEETING HELD IN THE BOYNTON BEACH WOMENS CLUB,
BOYNTON BEACH, FL ON THURSDAY, FEBRUARY 15, 2007 AT 6:30 P.M.
Present:
Henderson Tillman, Chair
Stomet Norem, Vice Chair
Rev. Lance Chaney
Jeanne Heavilin
Marie Horenburger
Steve Myott
Guarn Sims
Lisa Bright, CRA Executive Director
Ken Spillias, Board Attorney
I. Call to Order
Chair Tillman called the workshop meeting to order at 6:47 P.M.
II. Approval of the Agenda
Attorney Spills indicated that anything could be discussed at the workshop
keeping in mind that no actions would be taken.
III. Old Business
a. Consideration of Draft Master Development Agreement
with Intown Partners for Development of the Martin Luther
King Corridor
Mr. Myott wanted to explore what everyone's roll would be moving forward.
Attorney Spillas responded the City Commission had directed the City Attorney
and the City Manager to take the lead negotiating position in the tripartite
agreement. The negotiations would include the Executive Director of the CRA as
a resource, in addition to anybody she felt needed to be there for support,
including the attorney. The decision was not intended to exclude CRA counsel.
Mr. Spillias had received a short letter indicating the City Commission had made
the decision for Mr. Bressner, City Manager, and Mr. Cheroff, City Attorney, to be
the lead negotiators on the contract. The City Commission voiced the fewer
people involved the better in terms of efficiency and effectiveness. Therefore,
only Mr. Bressner would be present to represent the City at the negotiation
sessions and the CRA had been asked to limit participation personnel to Ms.
Bright and Attorney Spillias. Additionally, since the City Commissioners had
indicated possible interest in attending some of the negotiations, Mr. Cheroff and
Mr. Bressner had determrned these meetings would be public with
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
February 15, 2007
minutes taken by the City Clerk's office. Moving forward, all negotiations would
be open to the public.
Chair Tillman indicated that when read back, the minutes and motions from the
City Commission meeting pretty much standardized what was in play. He
suggested that if the CRA Board needed to ratify its position or argue what. its
position is, that should be done at the next meeting, making it official.
Attorney Spillias opined that rarely is this type of negotiation done in public. He
and Ms. Bright had recently addressed this due to the misinformation that was
being distributed by the developer. Ms. Bright confirmed this was her
interpretation. She had previously complained about the continued
communications between Commissioners and the developer.
Ms. Horenburger had been approached by a reporter who said Commissioner
Weiland and Commissioner Rodriguez had taken the entire matter with every
possible detail of the MLK corridor redevelopment back to the City Commission.
She responded to the reporter that her understanding was the CRA had always
had a tripartite agreement since the August meeting. Now, the City Commission
had simply shifted negotiations on the agreement. The City Commission had not
taken over everything, only the responsibility for the negotiations.
Mr. Sims asked if the board, now utilized as a resource, had the authority to
disagree with this agreement. Attorney Spillias indicated that the board had the
authority to not approve based upon the following reasons: One, this is an
autonomous board with its own legal identity. It is obligated to make its decision
in public meetings with public discussion and within the context of its' fiduciary
obligations. Two, to the extent that the City Commission wanted any funding
from the CRA or property that the CRA owns, the board had total control of that
decision. The City could not direct or supersede the board. Absent that, they did
not have the power to make the board agree. Third, there could be provisions
the CRA did not like, and it had the right to not agree.
Mr. Sims wanted clarification on whether these "public meetings" take the place
of meetings previously understood to be "community meetings". Attorney
Spillias indicated that the community meetings were intended to provide
community input on the details of the project. These would be contract
negotiation meetings that the City Attorney and City Manager decided to now
open to the public. Ms. Horenburger clarified the agreement would establish the
partnership between the three parties, not all the details of the development.
Mr. Myott wanted to know .1f community forum meetings for feasibility and
analysis would work with the Treasure Coast Regional Planning Council Proposal
for Market Study, Planning Evaluation & Analysis, and RFP Assistance for "Heart
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Community Redevelopment Agency
Boynton Beach, Florida
February 15, 2007
of Boynton " Redevelopment Project. Ms. Bright responded that Treasure Coast
is most likely going to simply update an existing study, probably the June, 2005
Seacrest study. These are not community meetings, rather development
scenarios with planners making recommendations. In her discussions with
Intown in September, she asked them for a community meeting for November.
Torti Gallis, of Torti Gallis and Partners, indicated she could not afford to fly. in
for that particular meeting. Then when the meeting occurred, Ms. Gallis acted
surprised. This community wanted to have a meeting every three months, which
was clarified to the partner and documented in Ms. Bright's notes. She indicated
that at one of the very first development meetings, the CRA had been given a
timeline, a copy of which would be provided for the meeting. Samantha Simons
with Intown Partners had only included one charrette, even though the
community was looking for a great deal of input. Those community residents
expected CRA meetings with proper public notice. Ms. Bright also had
correspondence from Gertrude Sullivan, a community resident, explaining she
was concerned that she missed one of those meetings at St. Paul AME. Those
meetings were not appropriately publicized and Ms. Bright advised Ms. Simons
we could not operate that way as partners.
Chair Tillman indicated that the meetings held in the church were supposed to be
focus group meetings to be held in different places in the community. With the
board's process in place, he wondered if there was any current or long term
liability, since the board had someone waiting for an RFP. Attorney Spillias
responded that the board retains the right at all times to enter into an
agreement or not, and to reject proposals at any time.
Ms. Horenburger questioned the expansion of the proposal and any issues
involved. Attorney Spillias indicated an RFP area could not arbitrarily be
expanded. Ms. Bright stated that substantial deviation would be open to
interpretation, adding that they have repeatedly tried to include the Public Works
site. Ms. Bright commented she had not been able to secure the information
needed to answer very specific questions that had been asked.
Rev. Chaney wanted clarification regarding the City asking for limited
participation in one paragraph and at the same time saying it is a public meeting.
He wondered if the meeting had been appropriately presented to the public and
questioned what would happen if he wanted to attend the meeting with the
public. Attorney Spillias responded there were different types of "public
meetings". The public meeting that a board holds has certain legal requirements
that cannot be dismissed, such as notice. The mere fact that the meeting is open
to the public does not mean that it is the kind of public meeting that requires
those notices. The City COmmjssion certainly does not need to allow anyone else
to participate in any way other than to observe.
,
3
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
February 15, 2007
Mr. Norem wanted to know what would happen if a vocal Commissioner started
participating. Attorney Spillias cautioned that if Commissioners start participating,
then it would become a public meeting that had to be publicly noticed.
Ms. Heavilin inquired if any of the Commissioners or anyone on the CRA Board
were to participate or comment during the meeting, would that impact the CRA's
ability to vote on the agreement. Attorney Spillias did not like the fact that, due
to claims of obstructionism and lack of cooperation on the CRA's part, the City
Commission had taken an action where they now have taken on the
responsibility incurred. He suggested the City Manager and City Attorney, coming
into this at a very difficult time, were trying to establish framework to make sure
that communication gaps could no longer occur because it would all be written
down. Mr. Spillias did not know how well that would work. He recommended
since nobody could know what the dynamic would be like, it would be wise to let
this first meeting be the City Commission's show. He would report back to the
board, which would then be better positioned to make a good judgment. Ms.
Heavilin added that she was very uncomfortable with the fact that they were
opening negotiations up to the public and she doubted negotiations could be
streamlined with the Commissioners and press attending.
Mr. Norem stated that, to date, he did not know of any member of the CRA
board that had participated in the legal negotiations. The board had never been
involved in the negotiations of this agreement, but that could change next week.
Attorney Spillias agreed and added that one of the difficulties is that no one had
designated a member of the CRA board as a negotiation participant.
Rev. Chaney questioned what would happen if the City Commission and the
developer agreed to this agreement and this board did not. Chair Tillman
confirmed that if the agreement came back around and the CRA did not want to
sign it, it would not be signed.
Ms. Bright indicated she felt less pressure now that they were considered a
resource and confirmed that they were anxious to move forward. It had been
uncomfortable to be accused of something that was not even remotely accurate.
Mr. Sims wanted everyone to know that he saw a large number of community
folks speaking up for the CRA, so the "approval rating" must be looking good. He
suspected this new process would be a mockery and would become more
difficult. He believed the Board still had something to loose if it did not recognize
that much of the community believed in the CRA. He opined if this negotiation
falls apart, the eRA would be bashed by the community. He suggested it would
be wise to be proactive to mai[ltain their approval rating.
4
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
February 15, 2007
Chair Tillman reminded everyone that when the incident happened in the Mall
and the City did not respond, the CRA held a meeting immediately and discussed
a ninety day information blitz. The CRA had initiated a proactive process and
should be more in the forefront, especially right now. He reported that Ms. Bright
had already started some projects with public relations firm in Ft. Lauderdale to
push these concepts forward. He also shared a current Boynton Beach CRA,
Heart of Boynton, article in a Delray Beach magazine. The CRA was doing the
right thing and needed to keep doing the right thing. Ms. Bright added that she
had spoken to community residents and shared that the CRA was still committed
to all the initiatives and was not stopping or going anywhere.
Mr. Myott stated that the Treasure Coast Proposal for Market Study, Planning
Evaluation & Analysis, and RFP Assistance for "Heart of Boynton" Redevelopment
Project would work for the future of Boynton development whether the
agreement with Intown moved forward or not. The CRA had done something
positive, since all information gathered would be valuable. He requested the
negotiation minutes be added to the CRA March meeting. Ms. Bright confirmed
she would debrief everyone with the highlights and distribute the actual minutes.
Mr. Myott wanted to know who would be responsible for approving those
minutes and Attorney Spillias indicated the City Commission would approve the
minutes.
Rev. Chaney voiced that although it seemed they were living under the shadow
of being dissolved if they did not agree with certain factions of our community,
that was really not what this was about. It was really about the CRA doing the
best it could for the citizens and the community, not worrying about the
repercussions.
Following up on recent inquiries, Ms. Bright suggested the group come up with a
plan to start making acquisitions on the corridor. Ms. Horenburger confirmed the
CRA was responsible for redeveloping the MLK corridor and as such, the CRA
needs to continue to do its job. If the negotiations did not work out with the
developer, the CRA needed to be in a position to move forward. Chair Tillman
endorsed business as usual.
Ms. Horenburger expressed that they should consider a consensus for Attorney
Spillias to develop a lobbyist registration policy for the board. Discussion
indicated it would be considered. Mr. Norem then read verbatim a short overview
of the experience of Bethesda Healthcare System regarding a joint venture
project they had been involved in.
5
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
February 15, 2007
IV. Adjournment
Motion
Mr. Sims moved to adjourn the meeting at 7:26 p.m. and Ms. Horenburger
seconded the motion that unanimously passed.
Respectfully submitted,
,~ ~~Wd
Robin Heming ay
Recording Secretary
02/15/07
6
MINUTES OF THE SPECIAL JOINT MEETING OF THE COMMUNITY REDEVELOPMENT
AGENCY AND PLANNING AND DEVELOPMENT BOARD HELD ON TUESDAY,
FEBRUARY 27, 2007 AT 7:05 P.M. IN CITY COMMISSION CHAMBERS
COMMUNITY REDEVELOPMENT AGENCY
PRESENT:
Henderson Tillman, Chair
Stomet Norem, Vice Chair
Rev. Lance Chaney
Jeanne Heavilin
Marie Horenburger
Steve Myott
Guarn Sims
Lisa Bright, Executive Director
Ken Spillias, Board Attorney
PLANNING AND DEVELOPMENT BOARD
PRESENT:
Lee Wische, Chair
Woodrow Hay, Vice Chair
Sergio Casaine
William Cwynar
Shirley Jaskiewicz
Matthew Barnes, Alternate
Sharon Grcevic, Alternate
Jamila Alexander, Assistant City Attorney
Mike Rumpf, Director, Planning and Zoning
ABSENT:
Jon Blehar
Roger Saberson
Mike Rumpf opened the meeting at 7:05 p.m. and welcomed all.
Workforce Housing Program
Code Review
Project:
Agent:
Description:
Workforce Housing Regulations (CDRV 07-003)
City-Initiated
Request to amend the Land Development Regulations to
include a Workforce Housing Program that creates a
supply of workforce housing units within the City. The
program would implement recommendations of the
, ,
1
Meeting Minutes
Joint Planning & Development and eRA
Boynton Beach, Florida
February 27, 2007
Boynton Beach Housing Needs Assessment Study and
include eligibility requirements, incentives using
development density, provisions to ensure continued
program implementation, and flexibility for compliance
with emphasis on the contribution of on-site housing units.
The purpose of the meeting was to hear recommendations from both boards on the Affordable
Housing Ordinance and forward recommendations to the City Commission. A workshop was
held on January 30, 2007 with the City Commission and two recommendations were made.
The first recommendation was to determine if prefabricated housing would meet building codes
and if it could accommodate the needs of the Ordinance. The second recommendation dealt
with using non-conforming lots for housing.
Ms. Brooks, CRA Planner, explained Palm Beach County enacted an Ordinance last year that
required all development to include workforce-housing units. The City, likewise, recognized the
need for workforce housing. She noted the affordable housing units that existed in Boynton
Beach were either age restricted, and the units that were not, were old. To grow and
strengthen the City's economy, an array of housing types and pricing would be needed.
The proposed Ordinance would allow a developer to request an increase in density in certain
land use categories provided they offered workforce housing units in the development. Special
High Density Residential land use classification would have 20% workforce housing; Mixed-Use
(Mixed-Use Low 1, 2 and 3) and Mixed-Use Core, which are typically multifamily zoning land use
designations, would have 15% and 10% workforce-housing units respectively. Ms. Brooks also
clarified the Mixed-Use Core was generally the Central Business District and was a fairly small
area.
Staff felt the market was down and the time was right to enact the Ordinance. Ms. Brooks
explained there were only 264 acres of buildable land available in the City, with the majority of
them being small infill areas. The exchange for the land would be the increase in density. She
clarified this was not a reqUirement; rather it was an option the developer could request.
Individuals who currently owned land with the designated land use classifications would not be
impacted.
j,
The units would be restricted to individuals and families earning less than 120% of the median
household income using HUD's calculations, which was $64,400. Those figures were higher
than the City's median income and would allow more individuals to qualify. There were three
categories in the Affordable Housing Ordinance: Very-low, which was below 50% of the median
household income; Low, which was 50%-80% of the median household income, and Moderate,
which was 80% to 120% of the median household income. Most of the units that would be
supplied were in the moderate range, and Ms. Brooks reported developers knew how to reach
their markets. The units would be comperable to the market rate units, having the same
exteriors, and would be offered in the same ratio and mix as the market units. Often,
developers did not have to market the units, they just spoke with the CDes and other similar
entities.
2
Meeting Minutes
Joint Planning & Development and eRA
Boynton Beach, Florida
February 27, 2007
Workforce housing units would also be deed restricted for 30 years; however, owners would
earn equity the longer they inhabited the dwelling. Ms. Brooks noted after five years there
would be quite a bit more equity earned. The homes would also need to be resold to another
income-qualified person earning between $35K and $77K per year.
Ms. Jaskiewicz asked if the Ordinance would apply to projects already in process or wit~ time
extensions. She asked how many potential future developers could apply.
Ms. Brooks explained the Ordinance would not apply to anyone with approved site plans or site
plan time extensions. She pointed out site plan time extensions were valid for 18 months.
Under Option II, those seeking an additional site plan time extension would be subject to the
Ordinance.
Chair Henderson, CRA, asked what the time line for building would be under the Ordinance, and
if neighborhoods would be ruined if the density were traded for workforce housing.
Ms. Brooks responded the developer would build the workforce units concurrently with the
market rate units. She clarified there was only one off site option, and that was if the
development was a luxury development and 80% of the units had a sales price of $SOOK or
greater. She also explained the density referenced in the Ordinance was the same density
contained in the adopted Heart of Boynton Plan. She clarified the community provided
feedback with the HOB plan and did not feel neighborhoods would not be negatively impacted.
Chair Henderson asked about restrictions on where the housing could be built. Ms. Brooks
clarified only the designated land use classifications would have the housing on site, and further
commented the Ordinance only applied to land within City limits. Previously, the Federal
Highway Corridor allowed for these uses, but the Ordinance expanded the provision throughout
the City to encourage the use of small infill sites. The City wanted to capture the development
on those sites. No development would be 100% workforce housing unless a developer wanted
it to be so.
Mr. Rumpf explained the process prioritized workforce housing. The Ordinance did not
jeopardize zoning analyses. If a piece of property needed to be rezoned into one of the
specified land use designations, staff would still conduct the same review and tests for rezoning
to determine any impacts and compatibility issues.
Ms. Heavilin commented the inventory must remain affordable for 30 years. She asked if a
developer was unable to sell those units, would they remain vacant?
Ms. Brooks explained the mechanism the City had to enforce the program was restrictions
would be placed on the units that would be filed and recorded prior to a Certificate of
Occupancy being issued. She referenced Cornerstone CDC and explained new relationships
would develop in the market place. This type of program was working very well in California
and Maryland.
3
Meeting Minutes
Joint Planning &. Development and eRA
Boynton Beach, Florida
February 27,2007
Ms. Heavilin asked about payment in lieu of units if the land was donated and the appraisals
paid for by the developer. She thought the cost of appraisals should be reversed; the buyer
typically obtained the appraisals. Ms. Heavilin did not think the developer should control the
price. Ms. Brooks explained appraisals would then be made on land developers did not own.
She thought appraisals were part of the development cost and if an appraisal was obtained
from an MAl appraisal, staff was knowledgeable to identify whether it was a realistic appraisal
and sales price.
Mr. Cwynar was not in favor of the initiative and felt builders should not be told what to do. He
spoke about the effect of impact fees and ad valorem taxes, and thought the Ordinance should
be tabled until after the next session of the Legislature to see what they did with the property
tax and/or sales tax. He clarified he was not against workforce housing, but it was market
driven. He indicated if builders did not take a chance to develop homes and communities, no
one would have a home.
There was discussion the Ordinance was offering a trade, land for density, and builders would
make a profit. There was also discussion that $500K homes would be built next to workforce
housing units.
Ms. Brooks explained Special High Density Residential, Mixed-Use and Mixed-Use Core would
not be single-family homes. In the Central Business District, the permitted residential density
was 10.6%. A developer could request, under approved redevelopment plans, up to 80 units
per acre. Several projects were already in process that would not be subject to the request
unless the developer requested. The highest average density within the entire City was 10.8%
and a developer would have a very hard time demonstrating how the increased density had
hurt them unless they overpaid for the land.
Ms. Jaskiewicz commented the last workshop dealt mainly with condominium units. She
announced the American dream was to own a home, and most families would not want to live
in a condominium with 200 other families. She asked how the Ordinance would help residents
own a home. She asked if monies were accumulated in a trust fund, whether the City could
offer a diversified housing stock and whether the Housing Trust would be confined to the CRA
area.
J,
Ms. Brooks responded a Housing Trust would be a City-wide fund. She also explained town
homes were reported to be the new single-family homes for young families. The CRA was
purchasing single-family infill lots and turning them over to Habitat for Humanity and the
Boynton Beach Faith Based CDC. There were rehabilitation programs available and many tools
were needed to address the issue in total. She explained the Ordinance did not address all
segments of the population; however, the Ordinance was the biggest tool they had. A
precarious situation had been created, and although prices would adjust, she reported they had
not adjusted enough for most people in California. California cannot find and keep labor.
Similarly, Boynton Beach has a service economy; if services were not available, residents would
leave the area. Purportedly, more workers left Florida over the last quarter than moved in.
School enrollment declined significantly and 40% of individuals were not able to purchase
homes during the last three years. '
,
4
Meeting Minutes
Joint Planning &. Development and CRA
Boynton Beach, Florida
February 27, 2007
Lisa Bright, CRA Executive Director, announced for the record, the CRA has four initiatives:
economic development, elimination of slum and blight, affordable housing, and community
policing. These were the reason the density in the downtown area was being discussed.
Mr. Casaine commented this was the first opportunity the City had to address workforce
housing. He announced he had discussed this Ordinance with developers and they all agreed
with it, provided it was beneficial to them.
Chair Henderson observed housing for teachers, police and firefighters does not exist, and
government and private sectors need to partner.
Christopher Roog, Gold Coast Builders Association, announced he reviewed the Ordinance.
He agreed other factors have a bearing on affordable housing and announced programs could
be problematic if they relied solely on density. He recommended waving impact fees, the fees
for Art in Public Places, and providing an expedited review for workforce housing projects. He
noted the price of the buyout in the Ordinance was high. Historically, the buyout amounts were
used to fill the affordability gap of the existing income level versus what the average price was.
He explained if there was an affordability gap of $70K, traditionally that was the in-lieu of fee.
The Housing Leadership Council and HUD have a publication for reducing barriers to public
housing. The builders association would like to see a parallel track to those to determine what
could be waived. Land was the central issue. Ms. Brooks agreed with Mr. Roog's comments
that impact fees should be waived for affordable housing.
Rev. Chaney was concerned with the median income range of $64K used by HUD, which
contrasted with the actual median income of about $40K for City residents. He noted a large
population was excluded and a more realistic number should be used. He thought if he ran
statistics, the price of an affordable housing unit for moderate to medium, those prices would
still equate to $240K - $305K per unit. He also asked how a rental program would be
beneficial.
Ms. Brooks explained 25% of the workforce units would be for low-income participants. The
applicant would apply for a mortgage for whatever amount could be obtained and down
payment assistance was available up to $74K for Low-income participants. She reiterated the
Ordinance did not capture all populations; however, Tax Credit Programs, SHIP Downpayment
Assistance, Infill Housing, and Habitat for Humanity were all tools that could reach more
people.
The rent levels required for the workforce housing units would be set by income limits and
would not be subsidized, similar to rent controlled units where the rents were capped. Twenty-
five percent would be for Low-income and 75% would be Moderate. The median income of
$64K was used because the rules would be uniform with the County and State rules, and
participants could access subsidies. She noted $64,400 was the income limit for a family of
four. The average sized family in the City was 2.3 persons per dwelling. There would also be
two income families. With the luxury builders, if units were offered in a community at $450K
and market rate units were $500K, the amount of subsidy would be absurd.
5
Meeting Minutes
Joint Planning &. Development and eRA
Boynton Beach, Florida
February 27,2007
Hanna Matras, Economic Development Planner, explained the City did not have income
studies. The data the City had from commercial providers showed the median income was
about $43K per year. They needed to be consistent with other State and County programs.
With the Very-low income category, the average income of $8K per year was not viable for the
program. She clarified that was why the City included the Low-income level. Rev. Chaney
suggested using $38K with a variance of $8K. Ms. Matras thought at some point' price
adjustments would be made.
Chair Wische thought the program would give many people earning less than $34K false hope.
He suggested distributing literature indicating applicants needed to earn more than $34K in
order to utilize the program.
Ms. Brooks commented in some instances a person earning less than $34K could obtain a
home. There were many factors involved, but she emphasized the main issue was there was
no housing inventory to even consider purchasing a home.
There was discussion the cost of the housing was not the issue; rather it was the cost of
maintaining the home. Mr. Cwynar noted individuals are taxed. He referenced FPL and
explained the State mandated a sales tax be paid from where the bill was issued. He
announced the Dade County Sales Tax is 7% with 6% to the State and a 1% sales tax to the
County. Residents were paying a 1% sales tax to Dade County on all FPL payments. He
explained similar situations occur with the phone company, businesses that rent, property taxes
and water. He thought those issues should be examined. Mr. Myott agreed there should be tax
reform but felt the larger issue was no inventory and having a housing program in place.
The units would be put on the tax rolls at the price the buyer paid including the subsidies. The
sales price of the workforce units was calculated on homeowner association fees, insurance,
management fees and others. Ms. Brooks explained neither board could change issues such as
taxes and fees, and there should be a study to see how that would affect workforce housing.
Additionally, another workShop should be held.
Ms. Brooks clarified Option 2 were comments they added pertaining to applicability. The
language specified projects applying for site plan time extensions and developments whose site
plans expired would be included. Staff also wanted to tighten ways to prevent opting out and
added language that in any case where off-site options were permitted, 25% of the total units
would be constructed on site.
Motion
Ms. Horenburger moved to approve Option 2. Mr. Myott seconded the motion that unanimously
passed.
Ms. Bright clarified anytime the CRA staff entertained a Direct Incentive Funding Agreement
under affordable housing programs, the CRA routinely wrote off the impact fees for the
development. That was a standard incentive.
6
Meeting Minutes
Joint Planning & Development and eRA
Boynton Beach, Florida
February 27, 2007
Motion
Mr. Casaine moved to approve Option 2 with two changes; the change on the income-qualified
household to be properly defined in accordance to the income of the City of Boynton Beach,
and that the density being discussed was actually attainable. Ms. Jaskiwiecz seconded the
motion that passed 6-1 (Mr. Cwynar dissenting). .
Mr. Rumpf advised he would forward the recommendations to the City Commission.
There was a short discussion on whether there would be another workshop held for fine-tuning
the Ordinance. It was suggested inviting the City Commission if one was held.
Adjournment
There being no further business to discuss, there was consensus from both boards to adjourn.
Meeting properly adjourned at 8:25 p.m.
~ l!kvruJ- J4d~
Catherine Cherry-Guberman
Recording Secretary
030207
I,
7
~~Y~T8~
East Side-West Side-Seaside Rena'lssance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
CRA BOARD MEETING OF: MARCH 13, 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 February 28,2007.
FISCAL IMPACT: As of February 28,2007 the CRA had received 95.99 % of expected revenue and
expended 24.61 % of its appropriations for fiscal 2006-2007.
RECOMMENDATIONS: NA
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 03 13 CRA Board Meeting - March\Monthly Financial report.doc
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East Side-West S',de-Seaside Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF:
March 13, 2006
Xi Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: Old High School Update
SUMMARY: At the August 8, 2006 CRA Board meeting, staff was directed to enter into a
development agreement with Five Towns College of Dix Hills, NY to establish a local cultural arts
college.
The College reported that after receiving the deal points and the draft lease agreement the
administration took a hard look at the project. The revisions, the passage of time, and College's
emerging local, regional and national needs required an up-to-date review of the financial implications
presented by this project before a recommendation to move forward could be made to the College's
Board of Trustees.
Regretfully, the current economic climate and rising costs associated with an adaptive renovation of this
site make it financially infeasible. The College had concern that the real estate market is unlikely to
rebound in the short term and believes it would be unfair to ask the CRA and people of Boynton Beach
to consider the College as a possible user of the historic high school.
In the short term this may appear to be disappointing; however, in light of the fact that in April the CRA
will select a firm to oversee the Downtown Master Plan project it is apparent that having a larger
footprint on the west end anchor of Ocean A venue may be more beneficial to our future.
Staff is actively talking with folks on the following ideas and will bring these to the board should they
bear fruit:
1.) Artspace - is an organization to create, foster and preserve affordable space for artists and arts
organizations. By creating live/work environments an age-old problem for artists, painters,
sculptors, dancers and others who tequire an abundance of large productive spaces for the arts.
2.) Brenner Real Estate Group - this was the number two presenter and they remained interested,
BUT without a Charter School concept.
T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 03 13 CRA Board Meeting - March\Old High School.doc
~~Y~T8~
East Side....West S.,de....Seas.'de Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
3.) Airbrushing Artists - have approached CRA staff about creating a "Savage Creatures" aquarium
on the outside of the building; therefore, turning an eyesore into art.
4.) Developers - wanting this site along with City Hall for Office Buildings and/or Workforce Lofts.
Staff will continue to entertain these ideas as we move along in the Master Planning process.
FISCAL IMPACT:
None.
RECOMMENDA TIONS:
None.
/
/
,.--.....,,~
tn'
.I
<..
Us.a BrIght, Executive Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 0313 CRA Board Meeting - March\Old High School.doc
~t;;
"'"
~~~~Y~T8~ eRA
ill East Side-West Side-Seaside RenaISsance
BOYNTON BEACH eRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: MARCH 13, 2007
AGENDA ITEM:
I x I Consent Agenda
Old Business
New Business
Public Hearing
Other
SUBJECT: DIVE SHOP LEASE
SUMMARY: Our attorney's have been working for months attempting to iron out an interim lease with
SPLASHDOWN DIVERS, INC. for the rental of the building on 700 Casa Lama Blvd. which the CRA owns. There
are two leases being presented tonight. One lease is for a straight rental, the other is a lease with the taxes
added into the monthly cost in anticipation of our tax liability.
FISCAL IMP ACT: Other than the fact that we are renting below market value there will be no
change in our rents if you choose the lease without the tax component. Ifhowever you choose lease #2
the finance department will hold the tax increment portion in our balance sheet and not count it as
revenue. Minor difference.
RECOMMENDA TIONS: Choose the lease that addresses anticipated taxes
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda 'tern Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 03 13 CRA Board Meeting - March\Monthly Financial report.doc
LEASE WITH ANTICIPATED TAXES
INTERIM LEASE AGREEMENT;
THIS INTERIM LEASE AGREEMENT (hereinafter referred to as the "Lease") made
and entered into this _ day of ,2007, by and between the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter
163, Part III, of the Florida Statutes ("Lessor"), whose address for the purposes hereof is 915 S.
Federal Highway, Boynton Beach, Florida 33435, and SPLASHDOWN DIVERS, INC., a
Florida Corporation ("Lessee"), whose address for the purposes hereof is 700 Casa Loma
Blvd., Boynton Beach, Florida 33435, provides as follows:
I. PURPOSE. The purpose and intent of this Lease is to enter into an interim
agreement prior to and during Lessor's renovations (discussed below) of the Leased Premises
(defined below), Upon completion of the renovations, Lessor and Lessee agree to negotiate a
longer-term, more specific lease agreement.
2. LEASED PREMISES. Subject to and upon the terms, provisions, covenants and
conditions hereinafter set forth, and each in consideration of the duties, covenants and
obligations of the other hereunder, Lessor does hereby lease, demise and let to the Lessee and
Lessee does hereby lease, demise and let from the Lessor those certain premises at the building
located at 700 Casa Loma Blvd., First Floor (with the exception of the Seamist Office), Boynton
Beach, Florida 33435 (the "Premises" or "Leased Premises" as further described on Exhibit "A"
attached hereto). Lessor shall also lease to Lessee the same boat slip Lessee has been utilizing. A
separate boat slip lease agreement shall be entered into so that the boat slip term coincides with
this Lease Term.
3. TERM. The term of this Lease, and Lessee's obligations under this Lease, unless
otherwise expressly set forth herein, shall commence on April I, 2007 ("Commencement Date").
Lessee's obligation to pay rent (as defmed below) shall commence on the Commencement Date.
The term of this Lease shall expire on March 3], 2008 (the "Lease Term") unless otherwise
agreed to in writing by the parties.
4. RENOVATIONS. During the Lease Term, Lessee and Lessor agree that
Lessor shall have the right to renovate and/or perform construction upon the Premises. Upon
receipt of a written notice to vacate, Lessee shall have thirty (30) days in which to remove all of
Lessee's items from the Premises. Lessee shall be notified in writing upon completion of
construction by Lessor and be provided with immediate access, or reasonable access as otherwise
set forth within such written notice, to return to the Premises. Lessor shall use its best efforts to
complete said construction within eight months but cannot guarantee this time frame.
5. SECURITY. Upon execution of this Lease Agreement, Lessee has deposited
with Lessor the sum of Two-Thousand Five Hundred Dollars ($2,500.00) as a refundable
security deposit for the performance by Lessee ofthe terms ofthis Lease.
6. RENT. During the term of this Lease, the Lessee agrees and covenants to pay to
Lessor rent of One Thousand Five~Hundred Dollars ($1,500.00) per month plus sales tax,
thereby totaling One Thousand Five Hundred and Ninety-Seven Dollars and Fifty Cents
- 1 -
($1,597.50) on or before the 10th of each month with a five-day gr*ce period. Checks should be
made out to the "Boynton Beach Community Redevelopment Agency." A late fee of One-
Hundred Dollars ($ 100.00) shall be applied to any rent payments which are more than five (5)
days late. Lessor reserves the right to increase the rent payment at the end of the Lease Term.
Lessor shall be responsible for the provision and payment of utilities, which includes electricity,
water and garbage pickup. No rental payments shall be due or owing for any period during which
Lessee is out of the Leased Premises due to construction or renovations being done by Lessor at
Lessor's request.
6.1 Upon completion of said renovations (as referenced in paragraph 4. above),
if the rental square footage is less than on the Commencement Date, then the Rent shall be
reduced in proportion to the area of the Leased Premises so taken.
6.2 Lessee shall be responsible for its share of property taxes on the Leased
Premises. The estimated amount of taxes owed is $167.89 per month based on the square footage
of the Leased Premises. This amount shall be owed each month in addition to the Rent stated
herein. When Lessor receives its official tax bill, if it is determined that the above estimation is
too high, Lessee will be reimbursed by Lessor accordingly. Likewise, if it is determined that the
above estimation is too low, Lessee will owe Lessor the difference.
7. USE. Lessee shall use the Leased Premises for the sole purposes of operating a
full service dive center. Lessee shall comply with all laws, ordinances, rules and regulations
of applicable governmental authorities respecting the use, operation and activities of the Leased
Premises, and the Common Areas, and Lessee shall not make, suffer or permit any unlawful or
improper use of the Leased Premises or Common Areas, or any part thereof
8. COMMON AREAS. The "Common Areas" are defined as the parking areas,
entrances, and all other areas except for the actual Leased Premises and the real property upon
which it is located (as shown on Exhibit A) devoted to the common use of all tenants. Public
parking for use by Lessee and Lessee's customers is provided in the adjacent Marina Village
garage. Lessee may not place any furniture, equipment or any other items in the Common Areas.
9. ALTERATIONS TO THE PREMISES. Lessee shall not make any alteration
or addition to the Leased Premises without fIrst obtaining the express prior written consent of
Lessor.
10. TENANT IMPROVEMENTS. Lessee, at Lessee's expense, may only make
those certain interior leasehold improvements to the Leased Premises in accordance with and
pursuant to plans and specifications approved in writing in advance by Lessor. Any interior
improvements made to the Leased Premises without Lessor's written approval shall constitute a
default of this Lease.
11. ASSIGNMENT. MORTGAGING. SUBLETTING. ATTORNMENT. Lessee
shall not directly or indirectly assign, create a security interest in, pledge, mortgage, or encumber
any legal or equitable interest in the Lease, in whole or in part, or sublet the whole or any part of
- 2 -
the Premises, or permit the use of the whole or any part hereof by ~ license or concessionaire or
any person without fIrst obtaining the express prior written appro vat' of Lessor.
12. INSPECTION. The Lessee agrees and covenants that the Lessor, or its agents, at
all reasonable times and upon reasonable notice to the Lessee shall have free access to the
Leased Premises for the purpose of examining or inspecting the condition of the same or of
exercising any right of power of this Lease, or for the purpose of making alterations or repairs to
the Premises of which the Premises are a part or to exhibit said Premises prior to the expiration
of this Lease. Lessee shall provide a set ofkeys to Lessor for such purposes. Lessor agrees that it
will not unreasonably interfere with the conduct of Lessee's business during such necessary
inspections.
13. CASUALTY. In the event the Leased Premises shall be destroyed, damaged or
injured by fire or other casualty during the life of this Lease, then the Lessor shall, at Lessor's
option have the right to render the Leased Premises untenantable ninety (90) days therefrom. If
the Leased Premises are not rendered tenantable within said time, or if Lessor shall decide not to
restore the Premises, Lessor shall cancel this Lease, and in the event of such cancellation, the
Rent shall be paid only to the date of such fIre or casualty. All costs of casualty repair herein
mentioned shall be paid by Lessor at its own expense unless Lessee caused such destruction,
damage or fire and in that case Lessee shall be fully responsible for all costs associated
therewith. If the Leased Premises are rendered untenantable, and such untenantability continues
for ninety (90) days, Lessee, at Lessee's option may terminate the Lease as of the date of the
casualty occurrence only if the Leased Premises cannot be used for Lessee's intended use. The
cancellation herein mentioned shall be evidenced in writing. Base Annual Rent and Additional
Rent (collectively "Rent") shall not be due and owing for the period of untenantability, however
if the Leased Premises are not untenantable, Rent shall continue to be due and payable.
14. SIGNS. No sign or visual advertisement shall be placed on the exterior of the
Premises (unless already installed on the Premises upon the start of the lease Term) without fIrst
obtaining the express prior written consent of Lessor, however, Lessee shall be entitled to have
signage on the door ofthe Premises consistent with door signage utilized by other tenants and as
approved by Lessor; such signage to be at Lessee's expense.
15. REPAIR. Any and all repairs of whatever kind or nature, the value of which
exceeds $75.00 (Seventy-five dollars) made necessary to the Leased Premises, including, but not
limited to, all electrical, plumbing, heating, air-conditioning and other mechanical installations
therein, and all doors and all plate glass and door window glass, shall be the sole responsibility
of the Lessor and Lessor will use its best efforts to promptly make such repairs upon receipt of
written notice.
16. EVENTS OF DEFAULT. The occurrence of any of the following shall, in
addition to any other events of default provided herein, constitute an event of default hereunder
and the parties shall have all remedies available at law or equity and as set forth herein:
16. I The filing of 'a petition by or against Lessee for relief under the
Bankruptcy Code, or'for its reorganization or for the appointment of a receiver or trustee of
- 3 -
Lessee or Lessee's property; or an assignment by Lessee for the be~efit of creditors; or the taking
possession of the property of Lessee by any governmental officer or agency pursuant to statutory
authority for the dissolution or liquidation of Lessee; or if a temporary or permanent receiver or
trustee shall be appointed for Lessee or for Lessee's property and such temporary or permanent
receiver or Trustee shall not be discharged within ninety (90) days from the date of appointment;
or any other execution, levy, attachment or other process of law upon Lessee's interest in the
leasehold estate or any part thereof; or if any judgment entered against Lessee has not been
satisfied or bonded within ninety (90) days ofthe date ofthe judgment.
16.2 Failure of Lessee to pay when due without notice any installment of rent
hereunder, or any other sum herein required to be paid by Lessee. Notwithstanding the
foregoing, Lessee shall have fifteen (15) days to cure after receiving written notice of such
default.
16.3 Failure of Lessee to perform or observe any other agreement or condition
on Lessee's part to be performed or observed as stated herein and Lessee fails to cure such
default within twenty (20) days after the mailing of notice via certified mail of said default by
Lessor.
17. LANDLORD'S REMEDIES. Upon the occurrence of any event or events of
default or other breach of this Lease by Lessee, Lessor shall have the right, at its election, to
cancel and terminate this Lease and dispossess Lessee, but only after giving the Lessee twenty
(20) days written notice to cure any default. Landlord shall have all available remedies at law or
in equity in the event of default.
18. OUIET ENJOYMENT. Upon payment by Lessee of all rent herein provided,
and upon the observance and performance of all terms, provisions, covenants and conditions on
Lessee's part to be observed and performed, Lessee shall, subject to all of the provisions,
covenants and conditions of this Lease, be entitled to peaceably and quietly hold and enjoy the
Leased Premises for the term hereby demised. However, Lessee hereby acknowledges that
construction may occur on or around the Leased Premises and therefore, quiet enjoyment may
not be possible during such construction. Any such noise or disruption caused by construction
shall not constitute a default of this Lease.
19. SUBORDINATION. ATTORNMENT. AND ESTOPPEL STATEMENT.
Lessee agrees that this Lease shall be subordinate to any mortgages or trust deeds or any other
security interest which has been or that may hereafter be placed upon the Premises by the Lessor,
and to the interest and all obligations secured by them, and to all renewals, replacements and
extensions of them. The provisions of this paragraph shall be self-operative, but Lessee
covenants and agrees that upon request by Lessor, Lessee shall execute all documents necessary
to evidence its subordinate position regarding this Lease and all of Lessee's rights hereunder.
19.1 I f any mortgagee comes into possession or ownership 0 f the Premises, or
acquires Lessor's interest by foreclosure of a mortgage or otherwise, Lessee will attorn to such
mortgagee. If any mortgagee shall request reasonable modifications to this Lease as a condition
to disbursing any monies to be secured by a mortgage encumbering the Premises, Lessee agrees
- 4 -
that, within fifteen (15) days after such a request from Lessor, Lessee shall execute and deliver to
Lessor an agreement, in form and substance satisfactory to Lessor and to said mortgagee,
evidencing such modifications; provided, however, that such modifications do not increase
Lessee's monetary obligations under this Lease or materially adversely affect Lessee's leasehold
interest granted by this Lease.
19.2 Within fifteen (I5) days after request by Lessor or any mortgagee of
Lessor, then Lessee shall deliver in recordable form a statement to Lessor, any such mortgagee
or to such other party as requested by Lessor, certifying that the Lease is in full force and effect,
that Lessee is in possession, that Lessee has commenced the payment of rent, and that there are
no defenses or offsets to the Lease claimed by Lessee, or if claimed, the nature of such defenses
or offsets, and any other information required by Lessor. In addition, Lessee shall provide
Lessor within ten (IO) days written notice from Lessor, any and all financial information
regarding Lessee and any Guarantors of the Lease which may be reasonably requested by Lessor
or Lessor's mortgagee in connection with any financing or refmancing of the Premises or in
connection with Lessor's due diligence with respect to the financial capacity of Lessee, and the
Guarantor.
20. HAZARDOUS MATERIALS. Lessee shall not store or dispose of any
hazardous material or waste in or about the Premises. Lessee shall indemnify and hold Lessor
harmless from and against any claims, damages, costs, expenses or actions which arise out of any
breach of this provision, including any attorneys' fees and costs incurred with respect to same,
and such indemnity shall survive the termination ofthe Lease.
Lessee warrants and represents that it will, during the period of its occupancy of the
Premises under this Lease, comply with all federal, state and local laws, regulations and
ordinances with respect to the use, storage, treatment, disposal or transportation of Hazardous
Substances. Lessee shall indemnify and hold Lessor harmless from and against any claims,
damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation,
reasonable attorneys' fees and costs) arising from the breach of the preceding warranty and
representation.
The provisions of this Section shall be in addition to any other obligations or liabilities
Lessee may have to Lessor at law and equity and shall survive termination of this Lease.
21. BROKERS. Lessor and Lessee each represent and warrant to the other that
neither party has consulted, dealt or negotiated with any real estate broker, salesperson or agent
to whom Lessor agrees to pay a fee pursuant to separate agreement.
22. WAIVERS. The failure of Lessor to insist, in anyone or more instances upon a
strict performance of any of the covenants of this Lease, including the acceptance of a lesser
amount of rent, or to exercise any option or remedy herein contained, shall not be construed as a
waiver or a relinquishment for the future of such covenant, option, or remedy, but the same shall
continue and remain in full force and effect.
- 5 -
23. INDEMNIFICATION. In consideration of sai~ Premises being leased to
Lessee, Lessee agrees: that Lessee, at all times will indemnify and keep harmless Lessor from all
losses, damages, liabilities and expenses, which may arise or be claimed against Lessor and be in
favor of any persons, fIrms or corporations, for any injuries or damages to the person or property
of any person, firms or corporations, consequent upon or arising from the use or occupancy of
said Premises by Lessee, or consequent upon or arising from any acts, omissions, neglect or fault
of Lessee, its agents, servants, employees, licensees, visitors, customers, patrons or invitees, or
consequent upon or arising from Lessee's failure to comply with any laws, statutes, ordinances,
codes or regulations as herein provided; that Lessor shall not be liable to Lessee for any
damages, losses or injuries to the person or property of Lessee which may be caused by.the acts,
neglect, omissions or fault of any persons, firms or corporations, except when such injury, loss or
damages results from gross negligence of Lessor, its agents or employees, and the Lessee will
indemnify and keep harmless Lessor from all damages, liabilities, losses, injuries or expenses
which may arise or be claimed against Lessor and be in favor of any persons, firms or
corporations, for any injuries or damages to the person or property of any person, fIrms or
corporations, where said injuries or damages arose about or upon said Premises, as a result of the
negligence of Lessee, its agents, employees, servants, licensees, visitors, customers, patrons and
invitees. All personal property placed or moved into the Leased Premises shall be at the risk of
Lessee or the owners thereof, and Lessor shall not be liable to Lessee for any damages to said
personal property.
24. INSURANCE. Lessee shall maintain, with respect to the Leased Premises,
comprehensive general liability insurance with limits of not less than One Million Dollars
($1,000;000.00) for injury or death from one accident. A copy of the policy or a certificate of
insurance shall be delivered to Lessor on or before the commencement date and no such policy
shall be cancelable without ten (10) days prior written notice to Lessor. During any such time
Lessee is required to be out of the Leased Premises at the request of Lessor, Lessor shall be
responsible for payment of comprehensive general liability insurance as set forth within this
paragraph in the form ofreimbursement to Lessee or credit towards Rent.
25. SURRENDER OF PREMISES. Lessee agrees to surrender to Lessor, at the end
of the term of this Lease or any extension thereof, and/or upon any cancellation of this Lease,
said Leased Premises in as good condition as said Leased Premises were at the beginning of the
Term of this Lease, ordinary wear and tear excepted.
26. SUCCESSORS. This Lease shall bind the parties and their assigns or successors,
and their heirs, assigns, administrators, legal representative, executors, or successors as the case
may be of the Lessee.
27. TIME. It is understood and agreed between the parties hereto that time is of the
essence of this Lease and this applies to all terms and conditions contained herein.
28. ACTS OF GOD. ETC. Lessor shall be excused for the period of any delay in the
performance of any obligations hereunder when prevented from so doing by cause or causes
beyond Lessor's reasonable control which shall include, without limitation, all labor disputes,
civil commotion, ciwil disorder, riot, civil disturbance, war, war-like operations, invasion,
- 6-
rebellion, hostilities, military or usurped power, sabotage, governmental regulations, orders,
moratoriums, or controls, fire or other casualty, inability to obtain any material, services or acts
of God.
29. NOTICE. Any notice required or permitted to be given under this Lease must be
in writing and may be served and shall be deemed to have been served (i) by depositing same in
the United States mail, addressed to the party to be notified, postage prepaid and registered or
certified with return receipt requested; (ii) by delivering the same in person to the party and
obtaining a receipt therefore; or (iii) by depositing the same into the custody of a nationally
recognized overnight delivery service, addressed to the party to be notified. For pUfposes of
notice, the addresses of the parties shall be as follows:
I f to Lessor to:
With a copy to:
If to Lessee to:
With a copy to:
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, Florida 33435
Attn: Lisa Bright, Executive Director
Kenneth G. Spillias, Esq.
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Boulevard, Suite 1000
West Palm Beach, Florida 33401
Splashdown Divers, Inc.
700 Casa Loma Blvd.
Boynton Beach, Florida 33435
Attn: Lynn Simmons
Ryan Copple, Esq.
712 US Highway 1, Suite 400
North Palm Beach, FL 33408-4521
From time to time either party may designate another address by giving the other party no less
than ten (I 0) days advance notice of such change of address in accordance with the provisions
hereo f
30. LAWS. This Lease is made under the laws ofthe State of Florida. Venue for any
action between the parties hereto shall be in Palm Beach County, Florida.
3 I. AGREEMENT. This Lease contains the entire agreement between the parties
and no amendment or modification of this Lease shall be binding or valid unless expressed in a
separate writing executed by both parties hereto.
32. ATTORNEYS FEES. The prevailing party in any litigation arising from or
related to this Lease shall be entitled to recover its reasonable attorneys' fees and costs at all trial
and appellate levels.
- 7 -
33. RECORDATION. Lessee or Lessor shall not recQrd in any public record this
Lease or any part or memorandum thereof, without the express advance written approval of the
other party.
34. RADON GAS DISCLOSURE. Radon is a naturally occurring radioactive gas
that, when it has accumulated in a building in sufficient quantities, may present health risks to
persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines
have been found in buildings in Florida. Additional information regarding radon and radon
testing may be obtained from your county public health unit.
35. HOLDING OVER. In the event that Tenant or anyone claiming under Tenant
shall continue occupancy ofthe Leased Premises after the expiration of the term of this Lease or
any renewal or extension thereofwithout any agreement in writing between Landlord and Tenant
with respect thereto, such occupancy shall not be deemed to extend or renew the term of the
Lease, but such occupancy shall continue as a tenancy at will, from month to month, upon the
covenants, provisions and conditions herein contained. In such case, the rental shall double the
rental amount in effect during the term of this Lease as extended or renewed, prorated and
payable for the period of such occupancy.
36. INVALIDITY OF PARTICULAR PROVISION. If any term or provision of
this Lease or the application hereo f to any person or circumstance shall, to any extent, be held
invalid or unenforceable, the remainder of this Lease, or the application of such term or
provision to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be
valid and be enforced to the fullest extent permitted by law, provided five (5) days written notice
of same is provided to Lessee.
37. WASTE. Lessee shall occupy the Leased Premises in a careful and proper
manner and not commit any waste thereon.
38. EFFECTIVE DATE. This Agreement shall be effective on the date that the last
party to sign executes this Agreement, or April 1, 2007, whichever is later (hereinafter "Effective
Date").
39. RIGHT OF FIRST REFUSAL. In further consideration for the execution of
this Lease, Lessor hereby grants to Lessee a first refusal option to lease the Leased Premises at
the conclusion of the Lease, before all others. Such option shall inure to the benefit of Lessee
only and shall expire sixty (60) days after expiration of the Term of this Lease (hereinafter
"refusal option period") if not accepted by Lessee. Prior to the expiration of this Lease, Lessor
shall send written notice to Lessee and her legal counsel, detailing all ofthe terms and conditions
of a new lease for the Leased Premises.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for
the purpose herein expressed, the day and year fist above written.
- 8 -
Signed, sealed and delivered
in the presence 0 f:
"LESSOR"
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Its:
Print Name:
Date:
"LESSEE"
SPLASHDOWN DIVERS, lNG, a
Florida Corporation
By:
Its: President
Print Name: Lynn Simmons
Date:
- 9 -
EXHIBIT "A"
SURVEY TO BE PROVIDED AND ATTACHED
,--
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-------------- ---- --.J
26'-3'
4'
8'
EXHIBIT "A"
INTERIM LEASE AGREEMENT;
THIS INTERIM LEASE AGREEMENT (hereinafter referred to as the "Lease") made
and entered into this _ day of ,2007, by and between the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter
163, Part III, of the Florida Statutes ("Lessor"), whose address for the purposes hereof is 915 S.
Federal Highway, Boynton Beach, Florida 33435, and SPLASHDOWN DIVERS, INC., a
Florida Corporation ("Lessee"), whose address for the purposes hereof is 700 Casa Loma
Blvd., Boynton Beach, Florida 33435, provides as follows:
I. PURPOSE. The purpose and intent of this Lease is to enter into an interim
agreement prior to and during Lessor's renovations (discussed below) of the Leased Premises
(defmed below). Upon completion of the renovations, Lessor and Lessee agree to negotiate a
longer-term, more specific lease agreement.
2. LEASED PREMISES. Subject to and upon the terms, provisions, covenants and
conditions hereinafter set forth, and each in consideration of the duties, covenants and
obligations of the other hereunder, Lessor does hereby lease, demise and let to the Lessee and
Lessee does hereby lease, demise and let from the Lessor those certain premises at the building
located at 700 Casa Loma Blvd., First Floor (with the exception of the Seamist Office), Boynton
Beach, Florida 33435 (the "Premises" or "Leased Premises" as further described on Exhibit "A"
attached hereto). Lessor shall also lease to Lessee the same boat slip Lessee has been utilizing. A
separate boat slip lease agreement shall be entered into so that the boat slip term coincides with
this Lease Term.
3. TERM. The term of this Lease, and Lessee's obligations under this Lease, unless
otherwise expressly set forth herein, shall commence on April I, 2007 ("Commencement Date").
Lessee's obligation to pay rent (as defmed below) shall commence on the Commencement Date.
The term of this Lease shall expire on March 3 I, 2008 (the "Lease Term") unless otherwise
agreed to in writing by the parties.
4. RENOVATIONS. During the Lease Term, Lessee and Lessor agree that
Lessor shall have the right to renovate and/or perform construction upon the Premises. Upon
receipt of a written notice to vacate, Lessee shall have thirty (30) days in which to remove all of
Lessee's items from the Premises. Lessee shall be notified in writing upon completion of
construction by Lessor and be provided with immediate access, or reasonable access as otherwise
set forth within such written notice, to return to the Premises. Lessor shall use its best efforts to
complete said construction within eight months but cannot guarantee this time frame.
5. SECURITY. Upon execution of this Lease Agreement, Lessee has deposited
with Lessor the sum of Two-Thousand Five Hundred Dollars ($2,500.00) as a refundable
security deposit for the performance by Lessee ofthe terms of this Lease.
6. RENT. During the term of this Lease, the Lessee agrees and covenants to pay to
Lessor rent of One Thousand Five~Hundred Dollars ($1,500.00) per month plus sales tax,
thereby totaling One Thousand Five Hundred and Ninety-Seven Dollars and Fifty Cents
- 1 -
($1,597.50) on or before the 10th of each month with a five-day gr~ce period. Checks should be
made out to the "Boynton Beach Community Redevelopment Agency." A late fee of One-
Hundred Dollars ($100.00) shall be applied to any rent payments which are more than five (5)
days late. Lessor reserves the right to increase the rent payment at the end of the Lease Term.
Lessor shall be responsible for the provision and payment of utilities, which includes electricity,
water and garbage pickup. No rental payments shall be due or owing for any period during which
Lessee is out ofthe Leased Premises due to construction or renovations being done by Lessor at
Lessor's request.
6.1 Upon completion of said renovations (as referenced in paragraph 4 above),
if the rental square footage is less than on the Commencement Date, then the Rent shall be
reduced in proportion to the area of the Leased Premises so taken.
7. USE. Lessee shall use the Leased Premises for the sole purposes of operating a
full service dive center. Lessee shall comply with all laws, ordinances, rules and regulations
of applicable governmental authorities respecting the use, operation and activities of the Leased
Premises, and the Common Areas, and Lessee shall not make, suffer or permit any unlawful or
improper use of the Leased Premises or Common Areas, or any part thereof
8. COMMON AREAS. The "Common Areas" are defined as the parking areas,
entrances, and all other areas except for the actual Leased Premises and the real property upon
which it is located (as shown on Exhibit A) devoted to the common use of all tenants. Public
parking for use by Lessee and Lessee's customers is provided in the adjacent Marina Village
garage. Lessee may not place any furniture, equipment or any other items in the Common Areas.
9. AL TERA TIONS TO THE PREMISES. Lessee shall not make any alteration
or addition to the Leased Premises without first obtaining the express prior written consent of
Lessor.
10. TENANT IMPROVEMENTS. Lessee, at Lessee's expense, may only make
those certain interior leasehold improvements to the Leased Premises in accordance with and
pursuant to plans and specifications approved in writing in advance by Lessor. Any interior
improvements made to the Leased Premises without Lessor's written approval shall constitute a
default of this Lease.
11. ASSIGNMENT. MORTGAGING. SUBLETTING. ATTORNMENT. Lessee
shall not directly or indirectly assign, create a security interest in, pledge, mortgage, or encumber
any legal or equitable interest in the Lease, in whole or in part, or sublet the whole or any part of
the Premises, or permit the use of the whole or any part hereofby a license or concessionaire or
any person without fIrst obtaining the express prior written approval of Lessor.
12. INSPECTION. The Lessee agrees and covenants that the Lessor, or its agents, at
all reasonable times and upon reasonable notice to the Lessee shall have free access to the
Leased Premises for the purpose of examining or inspecting the condition of the same or of
exercising any right of power of this Lease, or for the purpose of making alterations or repairs to
the Premises of which the Premises are a part or to exhibit said Premises prior to the expiration
- 2 -
of this Lease. Lessee shall provide a set of keys to Lessor for such purposes. Lessor agrees that it
will not unreasonably interfere with the conduct of Lessee's business during such necessary
inspections.
13. CASUALTY. In the event the Leased Premises shall be destroyed, damaged or
injured by fire or other casualty during the life of this Lease, then the Lessor shall, at Lessor's
option have the right to render the Leased Premises untenantable ninety (90) days therefrom If
the Leased Premises are not rendered tenantable within said time, or if Lessor shall decide not to
restore the Premises, Lessor shall cancel this Lease, and in the event of such cancellation, the
Rent shall be paid only to the date of such fire or casualty. All costs of casualty repaIr herein
mentioned shall be paid by Lessor at its own expense unless Lessee caused such destruction,
damage or fire and in that case Lessee shall be fully responsible for all costs associated
therewith. If the Leased Premises are rendered untenantable, and such untenantability continues
for ninety (90) days, Lessee, at Lessee's option may terminate the Lease as of the date of the
casualty occurrence only if the Leased Premises cannot be used for Lessee's intended use. The
cancellation herein mentioned shall be evidenced in writing. Base Annual Rent and Additional
Rent (collectively "Rent") shall not be due and owing for the period of untenantability, however
if the Leased Premises are not untenantable, Rent shall continue to be due and payable.
14. SIGNS. No sign or visual advertisement shall be placed on the exterior of the
Premises (unless already installed on the Premises upon the start of the lease Term) without first
obtaining the express prior written consent of Lessor, however, Lessee shall be entitled to have
signage on the door ofthe Premises consistent with door signage utilized by other tenants and as
approved by Lessor; such signage to be at Lessee's expense.
15. REPAIR. Any and all repairs of whatever kind or nature, the value of which
exceeds $75.00 (Seventy-five dollars) made necessary to the Leased Premises, including, but not
limited to, all electrical, plumbing, heating, air-conditioning and other mechanical installations
therein, and all doors and all plate glass and door window glass, shall be the sole responsibility
of the Lessor and Lessor will use its best efforts to promptly make such repairs upon receipt of
written notice.
16. EVENTS OF DEFAULT. The occurrence of any of the following shall, in
addition to any other events of default provided herein, constitute an event of default hereunder
and the parties shall have all remedies available at law or equity and as set forth herein:
16.1 The filing 0 f a petition by or against Lessee for relief under the
Bankruptcy Code, or for its reorganization or for the appointment of a receiver or trustee of
Lessee or Lessee's property; or an assignment by Lessee for the benefit of creditors; or the taking
possession of the property of Lessee by any governmental officer or agency pursuant to statutory
authority for the dissolution or liquidation of Lessee; or if a temporary or permanent receiver or
trustee shall be appointed for Lessee or for Lessee's property and such temporary or permanent
receiver or Trustee shall not be discharged within ninety (90) days from the date of appointment;
or any other execution, levy, attachment or other process of law upon Lessee's interest in the
leasehold estate or any part thereof;' or if any judgment entered against Lessee has not been
satisfied or bonded within ninety (90) days ofthe date ofthe judgment.
- 3 -
16.2 Failure of Lessee to pay when due without notice any installment of rent
hereunder, or any other sum herein required to be paid by Lessee. Notwithstanding the
foregoing, Lessee shall have fifteen (15) days to cure after receiving written notice of such
default.
16.3 Failure of Lessee to perform or observe any other agreement or condition
on Lessee's part to be performed or observed as stated herein and Lessee fails to cure such
default within twenty (20) days after the mailing of notice via certified mail of said d~fault by
Lessor.
17. LANDLORD'S REMEDIES. Upon the occurrence of any event or events of
default or other breach of this Lease by Lessee, Lessor shall have the right, at its election, to
cancel and terminate this Lease and dispossess Lessee, but only after giving the Lessee twenty
(20) days written notice to cure any default. Landlord shall have all available remedies at law or
in equity in the event of default.
18. QUIET ENJOYMENT. Upon payment by Lessee of all rent herein provided,
and upon the observance and performance of all terms, provisions, covenants and conditions on
Lessee's part to be observed and performed, Lessee shall, subject to all of the provisions,
covenants and conditions of this Lease, be entitled to peaceably and quietly hold and enjoy the
Leased Premises for the term hereby demised. However, Lessee hereby acknowledges that
construction may occur on or around the Leased Premises and therefore, quiet enjoyment may
not be possible during such construction. Any such noise or disruption caused by construction
shall not constitute a default of this Lease.
19. SUBORDINATION. ATTORNMENT. AND ESTOPPEL STATEMENT.
Lessee agrees that this Lease shall be subordinate to any mortgages or trust deeds or any other
security interest which has been or that may hereafter be placed upon the Premises by the Lessor,
and to the interest and all obligations secured by them, and to all renewals, replacements and
extensions of them. The provisions of this paragraph shall be self-operative, but Lessee
covenants and agrees that upon request by Lessor, Lessee shall execute all documents necessary
to evidence its subordinate position regarding this Lease and all of Lessee's rights hereunder.
19. I If any mortgagee comes into possession or ownership of the Premises, or
acquires Lessor's interest by foreclosure of a mortgage or otherwise, Lessee will attorn to such
mortgagee. If any mortgagee shall request reasonable modifications to this Lease as a condition
to disbursing any monies to be secured by a mortgage encumbering the Premises, Lessee agrees
that, within fifteen (15) days after such a request from Lessor, Lessee shall execute and deliver to
Lessor an agreement, in form and substance satisfactory to Lessor and to said mortgagee,
evidencing such modifications; provided, however, that such modifications do not increase
Lessee's monetary obligations under this Lease or materially adversely affect Lessee's leasehold
interest granted by this Lease.
19.2 Within fifteen '(15) days after request by Lessor or any mortgagee of
Lessor, then Lessee shall deliver in recordable form a statement to Lessor, any such mortgagee
- 4 -
or to such other party as requested by Lessor, certifying that the Le~se is in full force and effect,
that Lessee is in possession, that Lessee has commenced the payment of rent, and that there are
no defenses or offsets to the Lease claimed by Lessee, or if claimed, the nature of such defenses
or offsets, and any other information required by Lessor. In addition, Lessee shall provide
Lessor within ten (10) days written notice from Lessor, any and all fmancial information
regarding Lessee and any Guarantors ofthe Lease which may be reasonably requested by Lessor
or Lessor's mortgagee in connection with any financing or refinancing of the Premises or in
connection with Lessor's due diligence with respect to the fmancial capacity of Lessee, and the
Guarantor,
20. HAZARDOUS MATERIALS. Lessee shall not store or dispose of any
hazardous material or waste in or about the Premises. Lessee shall indemnify and hold Lessor
harmless from and against any claims, damages, costs, expenses or actions which arise out of any
breach of this provision, including any attorneys' fees and costs incurred with respect to same,
and such indemnity shall survive the termination ofthe Lease.
Lessee warrants and represents that it will, during the period of its occupancy of the
Premises under this Lease, comply with all federal, state and local laws, regulations and
ordinances with respect to the use, storage, treatment, disposal or transportation of Hazardous
Substances. Lessee shall indemnify and hold Lessor harmless from and against any claims,
damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation,
reasonable attorneys' fees and costs) arising from the breach of the preceding warranty and
representation.
The provisions of this Section shall be in addition to any other obligations or liabilities
Lessee may have to Lessor at law and equity and shall survive termination ofthis Lease.
21. BROKERS. Lessor and Lessee each represent and warrant to the other that
neither party has consulted, dealt or negotiated with any real estate broker, salesperson or agent
to whom Lessor agrees to pay a fee pursuant to separate agreement.
22. WAIVERS. The failure of Lessor to insist, in anyone or more instances upon a
strict performance of any of the covenants of this Lease, including the acceptance of a lesser
amount of rent, or to exercise any option or remedy herein contained, shall not be construed as a
waiver or a relinquishment for the future of such covenant, option, or remedy, but the same shall
continue and remain in full force and effect.
23. INDEMNIFICATION. In consideration of said Premises being leased to
Lessee, Lessee agrees: that Lessee, at all times will indemnify and keep harmless Lessor from all
losses, damages, liabilities and expenses, which may arise or be claimed against Lessor and be in
favor of any persons, firms or corporations, for any injuries or damages to the person or property
of any person, firms or corporations, consequent upon or arising from the use or occupancy of
said Premises by Lessee, or consequent upon or arising from any acts, omissions, neglect or fault
of Lessee, its agents, servants, employees, licensees, visitors, customers, patrons or invitees, or
consequent upon or arising from Lessee's failure to comply with any laws, statutes, ordinances,
codes or regulations' as herein provided; that Lessor shall not be liable to Lessee for any
- 5 -
damages, losses or injuries to the person or property of Lessee whi~h may be caused by the acts,
neglect, omissions or fault of any persons, firms or corporations, except when such injury, loss or
damages results from gross negligence of Lessor, its agents or employees, and the Lessee will
indemnify and keep harmless Lessor from all damages, liabilities, losses, injuries or expenses
which may arise or be claimed against Lessor and be in favor of any persons, firms or
corporations, for any injuries or damages to the person or property of any person, firms or
corporations, where said injuries or damages arose about or upon said Premises, as a result ofthe
negligence of Lessee, its agents, employees, servants, licensees, visitors, customers, patrons and
invitees. All personal property placed or moved into the Leased Premises shall be at the risk of
Lessee or the owners thereof, and Lessor shall not be liable to Lessee for any damages to said
personal property.
24. INSURANCE. Lessee shall maintain, with respect to the Leased Premises,
comprehensive general liability insurance with limits of not less than One Million Dollars
($1,000,000.00) for injury or death from one accident. A copy of the policy or a certificate of
insurance shall be delivered to Lessor on or before the commencement date and no such policy
shall be cancelable without ten (10) days prior written notice to Lessor. During any such time
Lessee is required to be out of the Leased Premises at the request of Lessor, Lessor shall be
responsible for payment of comprehensive general liability insurance as set forth within this
paragraph in the form ofreimbursement to Lessee or credit towards Rent.
25. SURRENDER OF PREMISES. Lessee agrees to surrender to Lessor, at the end
of the term of this Lease or any extension thereof, and/or upon any cancellation of this Lease,
said Leased Premises in as good condition as said Leased Premises were at the beginning of the
Term of this Lease, ordinary wear and tear excepted.
26. SUCCESSORS. This Lease shall bind the parties and their assigns or successors,
and their heirs, assigns, administrators, legal representative, executors, or successors as the case
may be of the Lessee.
27. TIME. It is understood and agreed between the parties hereto that time is of the
essence of this Lease and this applies to all terms and conditions contained herein.
28, ACTS OF GOD. ETC. Lessor shall be excused for the period of any delay in the
performance of any obligations hereunder when prevented from so doing by cause or causes
beyond Lessor's reasonable control which shall include, without limitation, all labor disputes,
civil commotion, civil disorder, riot, civil disturbance, war, war-like operations, invasion,
rebellion, hostilities, military or usurped power, sabotage, governmental regulations, orders,
moratoriums, or controls, fire or other casualty, inability to obtain any material, services or acts
of God.
29. NOTICE. Any notice required or permitted to be given under this Lease must be
in writing and may be served and shall be deemed to have been served (i) by depositing same in
the United States mail, addressed to the party to be notified, postage prepaid and registered or
certified with return receipt requested; (ii) by delivering the same in person to the party and
obtaining a receipt therefore; or (iii) by depositing the same into the custody of a nationally
- 6-
recognized overnight delivery service, addressed to the party to ~e notified. For purposes of
notice, the addresses ofthe parties shall be as follows:
If to Lessor to:
With a copy to:
I f to Lessee to:
With a copy to:
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, Florida 33435
Attn: Lisa Bright, Executive Director
Kenneth G. Spillias, Esq.
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Boulevard, Suite 1000
West Palm Beach, Florida 33401
Splashdown Divers, Inc.
700 Casa Loma Blvd,
Boynton Beach, Florida 33435
Attn: Lynn Simmons
Ryan Copple, Esq.
712 US Highway 1, Suite 400
North Palm Beach, FL 33408-452 I
From time to time either party may designate another address by giving the other party no less
than ten (10) days advance notice of such change of address in accordance with the provisions
hereo f.
30. LAWS. This Lease is made under the laws ofthe State of Florida. Venue for any
action between the parties hereto shall be in Palm Beach County, Florida.
31. AGREEMENT. This Lease contains the entire agreement between the parties
and no amendment or modification of this Lease shall be binding or valid unless expressed in a
separate writing executed by both parties hereto.
32. ATTORNEYS FEES. The prevailing party in any litigation arising from or
related to this Lease shall be entitled to recover its reasonable attorneys' fees and costs at all trial
and appellate levels.
33. RECORDA TION. Lessee or Lessor shall not record in any public record this
Lease or any part or memorandum thereof, without the express advance written approval of the
other party.
34. RADON GAS DISCLOSURE. Radon is a naturally occurring radioactive gas
that, when it has accumulated in a building in sufficient quantities, may present health risks to
persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines
have been found in buildings in FIO'rida. Additional information regarding radon and radon
testing may be obtained from your county public health unit.
- 7 -
35. HOLDING OVER. In the event that Tenant or anyone claiming under Tenant
shall continue occupancy of the Leased Premises after the expiration of the term of this Lease or
any renewal or extension thereofwithout any agreement in writing between Landlord and Tenant
with respect thereto, such occupancy shall not be deemed to extend or renew the term of the
Lease, but such occupancy shall continue as a tenancy at will, from month to month, upon the
covenants, provisions and conditions herein contained. In such case, the rental shall double the
rental amount in effect during the term of this Lease as extended or renewed, prorated and
payable for the period of such occupancy.
36. INVALIDITY OF PARTICULAR PROVISION. Ifany term or provision of
this Lease or the application hereof to any person or circumstance shall, to any extent, be held
invalid or unenforceable, the remainder of this Lease, or the application of such term or
provision to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be
valid and be enforced to the fullest extent permitted by law, provided five (5) days written notice
of same is provided to Lessee.
37. WASTE. Lessee shall occupy the Leased Premises in a careful and proper
manner and not commit any waste thereon.
38. EFFECTIVE DATE. This Agreement shall be effective on the date that the last
party to sign executes this Agreement, or April I, 2007, whichever is later (hereinafter "Effective
Date").
39. RIGHT OF FIRST REFUSAL. In further consideration for the execution of
this Lease, Lessor hereby grants to Lessee a first refusal option to lease the Leased Premises at
the conclusion of the Lease, before all others. Such option shall inure to the benefit of Lessee
only and shall expire sixty (60) days after expiration of the Term of this Lease (hereinafter
"refusal option period") if not accepted by Lessee. Prior to the expiration of this Lease, Lessor
shall send written notice to Lessee and her legal counsel, detailing all of the terms and conditions
of a new lease for the Leased Premises.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for
the purpose herein expressed, the day and year fist above written.
Signed, sealed and delivered
in the presence 0 f
"LESSOR"
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Its:
Print Name:
- 8 -
- 9-
Date:
"LESSEE"
SPLASHDOWN DIVERS, lNG, a
Florida Corporation
By:
Its: President
Print Name: Lynn Simmons
Date:
EXHIBIT "A"
SURVEY TO BE PROVIDED AND ATTACHED
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~~~~Y~T8~CRA
ill East Side-West Side-Seaside Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: MARCH 13, 2007
AGENDA ITEM:
x I Consent Agenda
Old Business
New Business
Public Hearing
Other
SUBJECT: SUPPORT OF LOCAL ARTISTS
SUMMARY: One ofthe Agency's initiatives is to support local businesses, as well as the Art in Public
Places itinatives. As such, the Agency looked for local artists to furnish its offices located at 915 South
Federal Highway. The Agency sought typical "tloribbean" art, and also art that had its roots in the local
culture. The Agency, through a broker, found two Haitian Artists that fulfilled part of that objective. Two
murals were painted in the office, and several pieces oflocal art, done by other artists, were purchased to
create an upbeat, cultural focus for the Agency. No T.I.F. dollars were used to purchase this art;
however, proceeds from the marina boat slip rentals did provide a means to accomplish the acquisitions.
Ultimately, all the portable art will belong to the City.
FISCAL IMPACT: As of July 2006 the CRA had received over $ 30,000.00 of unbudgeted marina
revenue, thus making the expenditure of $15,000.00 of art equal no significant fiscal impact.
RECOMMENDA TIONS: Approve the actions of staff
tu/4
ROBERT T. REARDON, ASSIST. DIRECTQR
T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 03 13 CRA Board Meeting - March\Purchase of Art for the Agency.doc
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. East Side"'West S'lde...Seas'lde Renaissance
2/8/2007
Dufresne & Associates, CPA, P A,
357 Stiles Avenue
PO Box 1179
Orange Park, FL 32073
Dear Linda:
Thank you for the fiscal year 2005-2006 report. After reading it I disc~)Vered the necessity to
explain the art purchased by the Agency to display in our office. Please let me try and outline
why the art was purchased, as follows:
1. One ofthe Agency's initiatives is to support local businesses. As such, we looked
for local artists to furnish our offices with typical "Floribbean" art. We found two
Haitian Artists that fulfilled that objective.
2. We funded the art purchases with revenue earned from the Marina slip rentals;
thus no T.I.F. funds were involved.
We will memorialize these purchases with a consent agenda item that will be presented to the
Board at our March 13,2007 meeting. That item will basically outline what I have stated
above. As all of the Board, and much of the walk in traffic to our office, has admired the art,
I have no doubt that the item will gamer the full support ofthe Board.
I will forward a copy of the item and the accompanying minutes when we have the March
meeting.
Very truly yours,
Robert T. Reardon,
Assistant Director
Boynton Beach
Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, FL 33435
Office: 561-737-3256 Fax: 561-737-3258
~~Y~T8~
East Side-West S.'de....Seas.lde Rena'lssance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: March 13,2007.
AGENDA ITEM: Approval to donate $1,000 from the Board's Fund to Boynton Beach's Sister
City - Eleuthera Bahamas.
x I Consent Agenda
Old Business
New Business
Public Hearing
Other
SUBJECT:
Approval to donate $1,000 from the Board's Fund to
Boynton Beach's Sister City - Eleuthera Bahamas.
SUMMARY:
Note: the funds will support the purchase of a tractor to
clear the outgrown land in the Town of Bannerman.
FISCAL IMPACT:
$1,000.00 from the Board's Fund # 51010.203 Donations
and Support.
Lea . Ford
ministrative Services Manager/Executive Assistant
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 03 13 CRA Board Meeting - March\Funding for Sister City - Eleuthera Bahamas.doc
FebYL,(.CfI'k:j 23/ 2007
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East Side....West Side....Seaside Rena',ssance
BOYNTON BEACH eRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: March 13,2007.
AGENDA ITEM:
Approval to purchase a Table for the Annual Award Dinner - Boynton
Beach Faith Based CDC.
x I Consent Agenda
Old Business
New Business
Public Hearing
Other
SUBJECT:
Approval to purchase a Table for the Annual Awards
Dinner - Boynton Beach Faith Based CDC.
SUMMARY:
Note: the funds support the CDC's Affordable Housing
Development, Neighborhood Preservation Initiative and
Peacemakers Youth Program.
FISC~ IMPACT: $800.00 for Table Purchase.
/
I
~OMMENDATIONS: Board direction.
I
!
Leah
Ac:fmini trative Services Manager/Executive Assistant
"
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\Table Purchase for MLK Event _ LVF.doc
~
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
POST OFFICE BOX 337 · BOYNTON BEACH, FL 33425-0337 . PALM BEACH COUNTY
PHONE (561) 752-0303 . FAX (561) 752-0302
February 15, 2007
Ms. Lisa Bright
Executive Director
Boynton Beach eRA
915 South Federal Hwy
Boynton Beach, FI. 33435
Dear Ms. Bright::
The Boynton Beach Faith Based CDC is pleased to announce its Fourth Annual Community Awards
Dinner on June 06, 2007. We invite Boynton Beach CRA to be a sponsor of the dinner. We have three levels of
sponsors:
· Platinum, $5,500 - name with logo will appear in all advertisement and the invitations, special recognition
at the dinner, including name and logo on the program and on the banner, and one table of 10 at the
event;
· Gold, $3500 - name with logo will appear in all advertisement and the invitations, recognition at the
dinner, including name and logo on the program and on the banner, and one table of 10 at the event; and
· Silver, $1,500 - name will appear in all advertisement and the invitations, recognition at the dinner,
including name on the program and on the banner, and one table of 10 at the event.
Tables of 10 will also be available for $800. The price of an individual seat is $100.
Funds from the event will be targeted toward our Affordable Housing Development and Neighborhood
Preservation Initiative and our Peacemakers youth program. Peacemakers is a comprehensive before and after
school program that serves 40 elementary school children. The program includes mentoring, recreation and
tutoring. Student records are maintained and tracked. Peacemakers is a partnership program between the CDC
and two neighborhood schools in Boynton Beach.
The Boynton Beach Faith Based CDC is a 501 (c) 3 organization. It was incorporated in late 1999 and received
the IRS status in October 2000. The CDC was founded to improve the quality of life of the residents of Boynton
Beach through economic development and the development and promotion of affordable housing and a variety
of community service activities. Please contact me if you require further information about the Boynton Beach
Faith Based CDC or the event Thank you for your consideration.
Gero~~~~well
1 /......-. /' (./~
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.~e..,q~C{f t'"l-1. /
Interim txecutive Director
FEB-27-2007 16:47 From:
To:4098~2419~000~737325 P.2/2
I
~;;i,!i:i 30VNTON eRA
~ "i'lii) 3 t A le"H,
iIii East Side-West Side-Seaside Renaissance
BOYNTON BEACH eRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: MARCH 13, 2007
AW~NDA ITKM:
I x I Consent Agenda
Old 8lll:1in~
New 8usiness
Public Hearing
Other
SUB.JECT: ALLOWING ELECTRONIC .'UNDS TRANSFERS "EFT"
SUMMARY: A Resolution is needed to grant permission to the Finance Director to employ EFT for regular
monthly payments necessary to satisfy Agency business. Such payments are time sensitive and require action at a
proscribed date each monlh irrespective of Board meetings.
FISCAL lM:PACT: Timely payments allow the Agency to avoid late fees which save money and time.
RECOMMENDA TIONS: Approve
../L)~
ROUERT T. REARDON, ASSIST. DIRECTOR
C:\Doouments and Settlnoo\adukas\Local Settinos\Temporarv Intemet Files\EFT Reimbursements.doc
RESOLUTION NO. 06 - 06
A RESOLUTION OF THE BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY ("CRA"), TO SET AND AUTHORIZE
REIMBURSEMENT TO THE RELATED GROUP OF FLORIDA ("TRG") AND
MANSFIELD OIL COMPANY, INC. ("MANSFIELD") FOR MONTHLY
AUTOMATIC WITHDRAWAL ELECTRONIC FUNDS TRANSFER TO PAY
THE CRA MARINE VESSEL FUELING COSTS AT THE CRA MARINA, AND
THE MORTGAGE ON THE NEWL Y - ACCQUIRED COMMERCIAL
PROPERTY BEGINNING MARCH 14, 2007; PROVIDING FOR REPEAL IN
THE EVENT OF CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the CRA has entered into a mortgage with THE RELATED GROUP OF
FLORIDA, INC., 3 I 5 SOUTH BISCA YNE BLVD, MIAMI, FL 33 I 31 to amortize the $2,000,000.00
loan on the newly-acquired commercial property described as PCN 08-43-45-27-60-003-0000; and
WHEREAS, the CRA has continued the fueling agreement with MANSFIELD OIL
COMPANY, INC, 1025 AIRPORT P ARKW A Y, GAINESVILLE, FL 3050 I that existed at the time of
the property transfer from the TRG to the CRA to supply gasoline and diesel fuel to the newly-acquired
commercial property marine fueling station; and
WHEREAS, it is necessary for the CRA to pay TRG $46,058.59 per month, by the 25th of each month,
to satisfy the CRA's mortgage commitment per the attached Exhibit "A"; and
WHEREAS, it is also necessary for the CRA to pay MANSFIELD for the fuel delivered to the fueling
station shortly after each delivery to optimize the price per gallon cost to the CRA; and
WHEREAS, the CRA has determined that monthly payments can be achieved on a timely basis if
automatic withdrawal electronic funds transfers (EFT) are employed; and
WHEREAS, the CRA wishes to utilize EFT from the General Fund SunTrust main operating account
for all amortized mortgage payments to TRG; and
WHEREAS, the Agency wishes to utilize EFT from the newly established Marina Operating account
for all gasoline and diesel purchases from MANSFIELD.
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 the Director of Finance to pay the
48 monthly mortgage payments of $46,058.59 to TRG on or about the 25th day of each month for the
duration of the mortgage, and to pay MANSFIELD for the delivery of gasoline and diesel fuel utilizing
the account created for that purpose.
SECTION 2. Nothing contained herein shall be deemed to extend any rights to Waypoint
Marine, Inc., or any other party or pr6vider of services or goods, to the method of payment herein
authorized or to preveAt the CRA, through its duly authorized agents and employees, to choose a form
of payment different from that authorized herein, nor shall anything contained herein constitute
authorization by or the consent of the CRA to payment of any amour;ts to Waypoint Marine, Inc., or
any other party or provider of services or goods where such payment is not duly and properly due and
owing pursuant to the agreed upon provision of goods and/or services.
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. 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 MYaTT, Board Member
The Chairperson thereupon declared this Resolution approved and adopted by the CRA Board
of the Boynton Beach Community Redevelopment Agency, Boynton Beach, Florida, this 13th day of
March, 2007.
By:
Henderson Tillman, Chairperson
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
Legal in form and valid if enacted:
Kenneth Spillias
CRA Attorney
2
EXHIBIT "A"
MARINA COMMERCIAL LOT PURCHASE
LOAN AMOUNT $ 2,000,000.00
r 'lUAL INTEREST RATE 5.00%
L.._~N DATE 1/25/2007
PAYMENT FREQUENCY MONTHLY
NUMBER OF PAYMENTS 48
PERIODIC PAYMENT $ 46,058.59
Fiscal Year Due Date Payment Principal Interest Balance Number
Initial 1/25/2007 $ 2,000,000.00
2006-2007 2/25/2007 $ 46,058.59 $ 37,725.26 $ 8,333.33 $ 1,962,274.74 1
2006-2007 3/25/2007 46,058.59 37,882.45 8,176.14 $ 1,924,392.29 2
2006-2007 4/25/2007 46,058.59 38,040.29 8,018.30 $ 1,886,352.00 3
2006-2007 5/25/2007 46,058.59 38,198.79 7,859.80 $ 1,848,153.21 4
2006-2007 6/25/2007 46,058.59 38,357.95 7,700.64 $ 1,809,795.26 5
2006-2007 7/25/2007 46,058.59 38,517.78 7,540.81 $ 1,771 ,277.48 6
2006-2007 8/25/2007 46,058.59 38,678.27 7,380.32 $ 1,732,599.21 7
2006-2007 9/25/2007 46,058.59 38,839.43 7,219.16 $ 1,693,759.78 8
TOTALS $ 368,468.72 $ 306,240.22 $ 62,228.50
2007-2008 10/25/2007 $ 46,058.59 $ 39,001.26 $ 7,057.33 $ 1,654,758.52 9
2007-2008 11/25/2007 46,058.59 39,163.76 6,894.83 $ 1,615,594.76 10
2007-2008 12/25/2007 46,058.59 39,326.95 6,731.64 $ 1,576,267.81 11
2007-2008 1/25/2008 46,058.59 39,490.81 6,567.78 $ 1,536,777.00 12
r 7-2008 2/25/2008 46,058.59 39,655.35 6,403.24 $ 1,497,121.65 13
1-2008 3/25/2008 46,058.59 39,820.58 6,238.01 $ 1,457,301.07 14
2007-2008 4/25/2008 46,058.59 39,986.50 6,072.09 $ 1,417,314.57 15
2007-2008 5/25/2008 46,058.59 40,153.11 5,905.48 $ 1,377,161.46 16
2007-2008 6/25/2008 46,058.59 40,320.42 5,738.17 $ 1,336,841.04 17
2007-2008 7/25/2008 46,058.59 40,488.42 5,570.17 $ 1,296,352.62 18
2007-2008 8/25/2008 46,058.59 40,657.12 5,401.47 $ 1,255,695.50 19
2007-2008 9/25/2008 46,058.59 40,826.53 5,232.06 $ 1,214,868.97 20
TOTALS $ 552,703.08 $ 478,890.81 $ 73,812.27
2008-2009 10/25/2008 $ 46,058.59 $ 40,996.64 $ 5,061.95 $ 1,173,872.33 21
2008-2009 11/25/2008 46,058.59 41,167.46 4,891.13 $ 1,132,704.87 22
2008-2009 12/25/2008 46,058.59 41,338.99 4,719.60 $ 1,091,365.88 23
2008-2009 1/25/2009 46,058.59 41,511.23 4,547.36 $ 1,049,854.65 24
2008-2009 2/25/2009 46,058.59 41,684.20 4,374.39 $ 1,008,170.45 25
2008-2009 3/25/2009 46,058.59 41,857.88 4,200.71 $ 966,312.57 26
2008-2009 4/25/2009 46,058.59 42,032.29 4,026.30 $ 924,280.28 27
2008-2009 5/25/2009 46,058.59 42,207.42 3,851.17 $ 882,072.86 28
2008-2009 6/25/2009 46,058.59 42,383.29 3,675.30 $ 839,689.57 29
2008-2009 7/25/2009 46,058.59 42,559.88 3,498.71 $ 797,129.69 30
2008-2009 8/25/2009 46,058.59 42,737.22 3,321.37 $ 754,392.47 31
2008-2009 9/25/2009 46,058.59 42,915.29 3,143.30 $ 711,477.18 32
TOTALS $ 552,703.08 $ 503,391.79 $ 49,311.29
3
Fiscal Year Due Date Payment Principal Interest Balance Number
2009-2010 10/25/2009 $ 46,058.59 $ 43,094.10 $ 2,964.49 $ 668,383.08 33
2009-2010 11/25/2009 46,058.59 43,273.66 2,784.93 $ 625,109.42 34
2009-2010 12/25/2009 46,058.59 43,453.97 2,604.62 $ 581,655.45 35
~ ''l-2010 1/25/2010 46,058.59 43,635.03 2,423.56 $ 538,020.42 36
.-2010 2/25/2010 46,058.59 43,816.84 2,241.75 $ 494,203.58 37
2009-2010 3/25/2010 46,058.59 43,999.41 2,059.18 $ 450,204.17 38
2009-2010 4/25/2010 46,058.59 44,182.74 1,875.85 $ 406,021.43 39
2009-2010 5/25/2010 46,058.59 44,366.83 1,691.76 $ 361,654.60 40
2009-2010 6/25/2010 46,058.59 44,551.70 1,506.89 $ 317,102.90 41
2009-2010 7/25/2010 46,058.59 44,737.33 1,321.26 $ 272,365.57 42
2009-2010 8/25/2010 46,058.59 44,923.73 1,134.86 $ 227,441.84 43
2009-2010 9/25/2010 46,058.59 45,110.92 947.67 $ 182,330.92 44
TOTALS $ 552,703.08 $ 529,146.26 $ 23,556.82
2010-2011 1 0/25/2010 $ 46,058.59 $ 45,298.88 $ 759.71 $ 137,032.04 45
2010-2011 11/25/2010 46,058.59 45,487.62 570.97 $ 91,544.42 46
2010-2011 12/25/2010 46,058.59 45,677.15 381.44 $ 45,867.27 47
2010-2011 1/25/2011 46,058.38 45,867.27 191.11 $ (0.00) 48
TOTALS $ 184,234.15 $ 182,330.92 $ 1,903.23
TOTALS Payment Principal Interest
$ 2,210,812.11 $ 2,000,000.00 $ 210,812.11
4
FEB-27-2007 17:16 From:
FrOlll :
To:4098#2419#000#737325 P.2/2
02/2312007 15:08
I92G P, 001/017
IIR~~ eRA
III &.t Sld_VWrotSidouSeMldcl Ranalbllnal
BOYNTON BEACH eRA
AGENDA ITEM STAFF REPORT
,
'"'
eRA BOARD MEETING OF: March 13, 2007
A.~NlM.lTIlM: Appro\IIJ. to Purchase Propc:.rtiea locatc<J at NE 5th AvClnue
LL~ut.... I X , Old BIIIfDeu ,--"j - New S......
SUBJECT: A~OM*b~H~msD~l~mad
I I
PalalcB~
OtII&ri
SVM:MARY:
At the January 2007 CRA Board 11l~ thIl: Board dircc=tcd staff to bclgin negotiations with the OWDel'
of llve nsidemia1 properties located. at NE 5. A venue. The purpose being to oreatcla hqcr
development area fOr a ibt\uoe woildbzce houWg develOPJDcmt in par1Dcnhip with the Boy:Qton Beach
Faith Based Community Devolopmmt C~ The &dd.itf.o4 of this property will peanit the
co.DStnlcticm of 16 additional um18 fiJr a total of 40 unittl.
The property p.pl'I'Iised at $820,000. Tho owner has asreed to sell fur 1825,000. The CDC has verba1Jy
a~ to purohul:l the propc11y ftoom the eRA for one half of the purc.bue 1tticll: due upon the cla.ing of
th.c: construction JOlin. 'nHI property, adong with the Robinson property will be held by the CR.A until tbat
time.
FISCAL IMPACT:
$825.000 plus OUItommy clolling 008ts of approximately $5.000. The funds wW come ftmn Bond II
proceeds.
R'KCOMMENDATIONS:
~ve the ,P1J1'Chase I18fCanmt between the eRA and Brian Russo for 118~ 122, 136~ 140 and 144 NB
5 Avmuem the aMOunt of $ 82S,OOO.
WJtBJh ., .
ORA PlIlIning DiMator
,
t'-. . ...
nt.(?
, ;-.j
T~\A~"'DAS. (;QNSiNT AGEND,\S, MCNTHLV REPORTS\ComPl6l6d AQend. IWm Roquellt Forma bv ~ 2Ooe.S10lJ7 a 2 3 2Cii/
Meellnga\O., 0313 CRA So" MMtfn; . 'M'dI'RUI/IO Pil...._
PURCHASE AGREEMENt
This Purchase Agreement (hereinafter "Agreement") is made and entered into as of the
Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of
the Florida Statutes (hereinafter "CRA") and BRIAN RUSSO, (hereinafter "SELLER").
In consideration of the mutual covenants and agreements herein set forth, the Parties hereto 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:
SEE EXHIBIT "A"
2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the
Property shall be Eight Hundred Twenty-Five Thousand ($825,000.00) Dollars, payable in cash,
by wire transfer of United States Dollars at the Closing.
3. DEPOSIT.
3.1 Earnest Monev Deposit. Within three (3) Business Days after the
Effective Date, Purchaser shall deliver to Lewis, Longman & Walker, P.A.("Escrow Agent") a
deposit in the amount ofTen Dollars ($10.00) Dollars (the "Deposit").
3.2 ApplicationlDisbursement of Deposit. The Deposit shall be applied and
disbursed as follows:
The Deposit shall be delivered to SELLER at Closing and the CRA shall receive credit for such
amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period
(hereinafter defined) for any reason, the Deposit shall be immediately refunded to the CRA. If
this Agreement is terminated due to a default, pursuant to Section 12, the Deposit shall be
delivered to (or retained by, as applicable) the non-defaulting Party, and the non-defaulting Party
shall have such additional rights, if any, as are provided in Section 12.
3.3 Escrow Agent. CRA and SELLER authorize Escrow Agent to receive,
deposit and hold funds in escrow and, subject to clearance, disburse them upon proper
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
PURCHASE AGREEMENT
Page 2 of 13
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 March 16, 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 April 13, 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 of the Title Commitment (hereinafter defined),
valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and
all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions
except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes
and special assessments for the year of Closing and subsequent years not yet due and payable;
(b) covenants, conditions, easements, dedications, rights-of-way and matters of record included
on the Title Commitment or shown on the Survey (defined in Section 7), to which CRA fails to
object, or which CRA agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof.
7. Investigation of the Property. During the term of this Agreement ("Feasibility
Period"), CRA, and CRA's agents, employees, designees, Contractors, surveyors, engineers,
architects, attorneys and other consultants (collectively, "Agents"), shall have the right, at CRA's
expense, to make inquiries of, and meet with members of Governmental Authorities regarding
the Property and to enter upon the Property, at any time and from time to time with reasonable
notice to SELLER and so long as said investigations do not result in a business interruption, to
perform any and all physical tests, inspections, and investigations of the Property, including but
not limited to Phase I and Phase II investigations, which CRA may deem necessary. During this
Feasibility Period, CRA may elect, in CRA's sole and absolute discretion, to terminate this
contract and receive back all Deposits hereunder. If CRA elects to terminate this Agreement in
accordance with this Section, CRA shall: (i) leave the Property in substantially the condition
existing on the Effective Date, subject to such disturbance as was reasonably necessary or
convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall
repair and restore any damage caused to the Property by CRA's testing and investigation; and
(iii) release to SELLER, at no cost, all reports and other work generated as a result of the CRA' s
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 n:;sulting 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.
2
PURCHASE AGREEMENT
Page 3 of 13
CRA's obligations under this Section shall survive the terminatiort, 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' 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' possession or control with respect to the physical condition of the
Property, if any.
7.2 Title Review. Within ten (10) days of the Effective Date, CRA shall
obtain, at the CRA' s expense, from a Title Company chosen by CRA (hereinafter "Title
Company"), a Title Commitment covering the Property and proposing to insure CRA in the
amount of the Purchase Price subject only to the Permitted Exceptions, together with complete
and legible copies of all instruments identified as conditions or exceptions in Schedule B of the
Title Commitment. CRA shall examine the Title Commitment and deliver written notice to
SELLER no later than twenty (20) days after the Effective Date notifying SELLER of any
objections CRA has to the condition of title (hereinafter "CRA Title Objections"). If CRA fails
to deliver the CRA Title Objections to SELLER within the aforesaid review period, title shall be
deemed accepted subject to the conditions set forth in the Title Commitment. If CRA timely
delivers the CRA Title Objections, then SELLER shall have thirty (30) days to diligently and in
good faith undertake all necessary activities to cure and remove the CRA Title Objections
(hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to
be cured and removed, the CRA Title Objections within the Cure Period, to the satisfaction of
CRA, then CRA, in CRA's sole and absolute discretion, shall have the option of (i) extending the
Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title
to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in
which case, the Deposit shall be returned to CRA and the Parties shall have no further
obligations or liability hereunder, except for those expressly provided herein to survive
termination of this Agreement.
Prior to the Closing, CRA shall have the right to cause the Title Company to issue
an updated Title Commitment ("Title Update") covering the Property. If any Title Update
contains any conditions which did not appear in the Title Commitment, and such items render
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 ofthis Section.
3
PURCHASE AGREEMENT
Page 4 of 13
7.3. Survey Review. CRA, at CRA's expense, rhay obtain a current boundary
survey (the "Survey") of the Property, indicating the number of acres comprising the Property to
the nearest 1/1 OOth 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 clo~e 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. Post-
closing, SELLER shall have thirty (30) days to access the property and remove such real and
personal property as approved by the CRA in writing. This provision shall survive closing.
8.3. Pending Proceedings. At Closing, there shall be no litigation or
administrative agency or other governmental proceeding of any kind whatsoever, pending or
threatened, which has not been disclosed, prior to closing, and accepted by CRA.
8.4. Compliance with Laws and Regulations. The Property shall be in
compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes,
requirements, licenses, permits and authorizations as of the date of Closing.
9. CLOSING DOCUMENTS. The CRA shall prepare, or cause to be prepared, the
Closing Documents set forth in this Section, except for documents prepared by the Title
Company. At Closing, SELLER shall execute and deliver, or cause to be executed and
delivered, to CRA the following documents and instruments:
9.1. Deed. A Warranty Deed (the "Deed") conveying to CRA valid, good,
marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances
and other conditions oftitle other than the Permitted Exceptions.
9.2 Seller's Affidavits. SELLER shall furnish to CRA an owner's affidavit
attesting that, to the best of its knowledge, no individual or entity has any claim against the
Property under the applicable construction lien law; and that there are no parties in possession of
the Property other than SELLER. SELLER shall also furnish to CRA a non-foreign affidavit
with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced
above, the same shall be deemed an uncured title objection.
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
4
PURCHASE AGREEMENT
Page 5 of I3
expenses to be paid at Closing, and the net proceeds due SELLER, which CRA shall also execute
and deliver at Closing.
9.4. Corrective Documents. Documentation required to clear title to the
Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions.
9.5. Additional Documents. Such other documents as CRA or the Title
Company may reasonably request that SELLER execute and deliver, and any other documents
required by this Agreement or reasonably necessary in order to close this transaction and
effectuate the terms of this Agreement.
10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES.
10.1. Prorations. Taxes, assessments, rents, interest, insurance and other
expenses of the Property shall be prorated through the day before Closing. CRA shall have the
option of taking over existing policies of insurance, if assumable, in which event premiums shall
be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to
be made through the day prior to Closing. Advance rent and security deposits, if any, will be
credited to CRA. Taxes shall be prorated based upon the current year's tax with due allowance
made for maximum allowable discount. If Closing occurs at a date when the current year's
millage is not fixed and current year's assessment is available, taxes will be prorated based upon
such assessment and prior year's millage. If current year's assessment is not available, then
taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request
of either party, be readjusted upon receipt of tax bill.
10.2. Special Assessment Liens. Certified, confirmed and ratified special
assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending
liens as of Closing shall be assumed by CRA. If the improvement has been substantially
completed as of the Effective Date, any pending lien shall be considered certified, confirmed or
ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or
assessment for the improvement by the public body.
10.3. Closing Costs. All costs of Closing, including but not limited to
documentary stamps, recording fees, title insurance and courier fees shall be borne by CRA.
10.4 Closing Procedure. CRA shall fund the Purchase Price subject to the
credits, offsets and prorations set forth herein. SELLER and eRA (as applicable) shall execute
and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i)
disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up"
Title Commitment to CRA, and promptly thereafter, record the Deed and other recordable
Closing Documents in the appropriate public records.
10.5 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain,
or cause to be obtained, satisfaction.or release of record of all mortgages, liens and judgments
applicable to and encllmbering the Property.
5
PURCHASE AGREEMENT
Page 6 of 13
1 I . REPRESENTATIONS, COVENANTS AND WARRANTIES.
11.1 Seller's Representations and Warranties. SELLER hereby represents,
covenants and warrants to CRA, as of the Effective Date and as of the Closing Date, as follows:
11.2. Authority. The execution and delivery of this Agreement by SELLER and
the consummation by SELLER of the transaction contemplated by this Agreement are within
SELLER'S capacity and all requisite action has been taken to make this Agreement valid and
binding on SELLER in accordance with its terms. The person executing this Agreement on
behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this
Agreement represents a valid and binding obligation of SELLER.
11.3. Title. SELLER is and will be on the Closing Date, the owner of valid,
good, marketable and insurable fee simple title to the Property, free and clear of all liens,
encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances
of record which will be discharged at Closing).
12. DEFAULT.
12.1. Purchaser's Default. In the event that this transaction fails to close due to
a wrongful refusal to close or default on the part of CRA, subject to the provisions of Paragraph
12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow
Agent to SELLER as agreed liquidated damages and, thereafter, neither CRA nor SELLER shall
have any further obligation or liabilities under this Agreement, except for those expressly
provided to survive the termination of this Agreement; provided, however, that CRA shall also
be responsible for the removal of any liens asserted against the Property by persons claiming by,
through or under CRA, but not otherwise. CRA and SELLER acknowledge that if CRA defaults,
SELLER will suffer damages in an amount which cannot be ascertained with reasonable
certainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent
most closely approximates the amount necessary to compensate SELLER. CRA and SELLER
agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture
prOVISIOn.
12.2. Seller's Default. In the event that SELLER shall fail to fully and timely
perform any of its obligations or covenants hereunder or if any of SELLER'S representations are
untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement,
CRA may, at its option: (I) declare SELLER' in default under this Agreement by notice
delivered to SELLER, in which event CRA may terminate this Agreement and demand that the
Deposit be returned, including all interest thereon if any, in accordance with Section 3 and
neither Party shall have any further rights hereunder or (2) seek specific performance of this
Agreement, without waiving any action for damages.
12.3. Notice of Default. Prior to declaring a default and exercising the remedies
described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party
describing the event pr 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)
6
PURCHASE AGREEMENT
Page 7 of 13
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:
Brian Russo
1301 W. Boynton Beach Blvd., #0-1
Boynton Beach, Florida 33426-3420
If to Buyer:
Boynton Beach Community Redevelopment Agency
639 East Ocean Avenue, Suite 107
Boynton Beach, FL 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
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. BROKER FEES. SELLER hereby confirms that he has dealt with Frank
Chirkinian, a realtor with Presidential Realty in connection with the transaction contemplated by
this Agreement. SEI"LER shall indemnify, defend and hold harmless the CRA from and against
any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's
7
PURCHASE AGREEMENT
Page 8 of 13
fees) of any kind or character arising out of or resulting from arty agreement, arrangement or
understanding alleged to have been made by SELLER 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.
16.0 Environmental Conditions.
16.1. For purposes of this Agreement, pollutant ("Pollutant") shall ~ean any
hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant,
petroleum, petroleum product or petroleum 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.
16.1.1 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.
(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.
16.2 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:
16.2.1 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.
16.2.2 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
8
PURCHASE AGREEMENT
Page 9 of I3
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.
16.2.3 To the best of SELLER' knowledge, the Property and the use and operation
thereof are in compliance with all applicable coun~y and governmental laws, ordinances,
regulations, licenses, permits and authorizations, including, without limitation, applicable zoning
and environmental laws and regulations.
16.3 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:
16.3.1 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.
16.3.2 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.
16.3.3 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
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, including, but
not limited to any conveyances, easements, licenses or leases.
17. MISCELLANEOUS.
17.1. General. This Agreement, and any amendment hereto, may be executed in
any number of counterparts, each of which shall be deemed to be an original and all of which
shall, together, constitute one and the same instrument. The section and paragraph headings
herein contained are for the purposes of identification only and shall not be considered in
construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire
Section, unless otherwise specified. No modification or amendment of this Agreement shall be
of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire
agreement between .the Parties relating to the Property and all subject matter herein and
supersedes all prior and contemporaneous negotiations, understandings and agreements, written
9
PURCHASE AGREEMENT
Page 10 of 13
or oral, between the Parties. This Agreement shall be interpreted ih accordance with the laws of
the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising
out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County,
Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States
District Court for the Southern District Court of Florida.
17.2. Computation of Time. Any reference herein to time periods which are not
measured in Business Days and which are less than six (6) days, shall exclude Saturdays,
Sundays and legal holidays in the computation thereof. Any time period provided for in this
Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5 :00 p.m. on the
next full Business Day. Time is of the essence in the performance of all obligations under this
Agreement. Time periods commencing with the Effective Date shall not include the Effective
Date in the calculation thereof.
17.3. Waiver. Neither the failure of a party to insist upon a strict performance
of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance
of any item by a party with knowledge of a breach of this Agreement by the other party in the
performance of their respective obligations hereunder, shall be deemed a waiver of any rights or
remedies that a party may have or a waiver of any subsequent breach or default in any of such
terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination
of this Agreement and the Closing.
17.4. Construction of Agreement. The Parties to this Agreement, through
counsel, have participated freely in the negotiation and preparation hereof. Neither this
Agreement nor any amendment hereto shall be more strictly construed against any of the Parties.
As used in this Agreement, or any amendment hereto, the masculine shall include the feminine,
the singular shall include the plural, and the plural shall include the singular, as the context may
require. Provisions of this Agreement that expressly provide that they survive the Closing shall
not merge into the Deed.
17.5. Severability. If any provision of this Agreement or the application thereof
shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this
Agreement nor the application of the provision to other persons, entities or circumstances shall
be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The
provisions of this Section shall apply to any amendment of this Agreement.
17.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement
and initialed by CRA and SELLER shall control all printed provisions in conflict therewith.
17.7 Waiver of Jury Trial. As an inducement to CRA agreeing to enter into this
Agreement, CRA and SELLER hereby waive trial by jury in any action or proceeding brought by
either party against the other party pertaining to any matter whatsoever arising out of or in any way
connected with this Agreement.
17.8. . Attorneys Fees and Costs. Should it be necessary to bring an action to
enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including
10
PURCHASE AGREEMENT
Page 11 of 13
those at the appellate level, shall be awarded to the prevailing party. i
17.9 Binding Authority. Each party hereby represents and warrants to the other
that each person executing this Agreement on behalf of the CRA and SELLER has full right and
lawful authority to execute this Agreement and to bind and obligate the party for whom or on
whose behalf he or she is signing with respect to all provisions contained in this Agreement.
17.10 Recording. This Agreement may be recorded in the Public Records of
Palm Beach County, Florida.
17.11 Survival. The covenants, warranties, representations, indemnities and
undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and
recording of the SELLER Property Deed and CRA' s possession of the Property.
17.12 SELLER Attornevs' 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.
I I
PURCHASE AGREEMENT
Page 12 of 13
date.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective
BOYNTON BEACH
COMMUNITY REDEVELOPMENT
AGENCY
SELLER
By:
Print Name: Henderson Tillman
Print Name: Brian Russo
Title: Chair
Witnesses:
Witnesses:
Approved as to form and legal sufficiency:
CRA Attorney
1:\Client Documents\Boynton Beach CRA \pf Russo\Misc\Purchase Agreement.doc
12
PURCHASE AGREEMENT
Page 1 of 13
EXHIBIT "A"
Lot 7, LESS the West 36.00 feet thereof, and all of Lot 8, in Block 1, of SUNNY-
SIDE ESTATES, according to the Plat thereof, as recorded in Plat Book 26, Page
16, of the Public Records of Palm Beach County, Florida.
AND
Lot 6, LESS the West 12.00 feet thereof, and the West 36.00 feet of Lot 7, in
Block 1, of SUNNY-SIDE ESTATES, according to the Plat thereof, as recorded in
Plat Book 26, Page 16, of the Public Records of Palm Beach County, Florida.
AND
Lot 2, and the West 24.00 feet of Lot 3, in Block 1, of SUNNY-SIDE ESTATES,
according to the Plat thereof, as recorded in Plat Book 26, Page 16, of the Public
Records of Palm Beach County, Florida.
AND
Lot 3, LESS the West 24.00 feet thereof, and the West 48.00 feet of Lot 4, in
Block 1, of SUNNY-SIDE ESTATES, according to the Plat thereof, as recorded in
Plat Book 26, Page 16, of the Public Records of Palm Beach County, Florida.
AND
Lot 4, LESS the West 48.00 feet thereof, all of Lot 5, and the West 12.00 feet of
Lot 6, in Block 1, of SUNNY-SIDE ESTATES, according to the Plat thereof, as
recorded in Plat Book 26, Page 16, of the Public Records of Palm Beach County,
Florida.
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ROBERT B. BANTING, MAl, SRA, PRESlDENT
State-Certified General Real Estate Appraiser RZ4
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FRANK J. CARDO, MAl, VICE PRESIDENT
State-Certified General Real Estate Appraiser RZl190
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521 SOUTH OLIVE AVENUE
WEST PALM BEACH, FLORIDA 33401
www.andersoncarr.com
Telephone (561) 833-]661
Fax (561) 833-0234
February 6, 2007
QjjaJity 0efVlce &nce 1947
Vivian Brooks
Planning Director
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, Florida 33435
Dear Ms. Brooks:
At your request, we have appraised five single family residences located on Northeast 5th
Avenue in central Boynton Beach, Florida. The purpose of this appraisal is to estimate the
market value, fee simple estate of the five subject residences, as of the date of inspection,
February 2, 2007. The intended use of this report is for purchase considerations. The intended
user of this report is the client, the Boynton Beach Community Redevelopment Agency.
The five single family residences are all on rectangular shaped parcels and are continuous on
the south side Northeast 5th Avenue just east of North Seacrest Boulevard. Each of the five
parcels contains 6,970 square feet or .16 acres. The total land area for all five parcels is 34,848
square feet or .80 acres.
The properties are located in a redevelopment area and are situated in an area slated for a
mixed use redevelopment project.
We have used the Sales Comparison Approach in valuing the subject properties as they are
single family residences. The Cost and Income Capitalization Approaches are not applicable.
As a result of our analysis, we have developed an opinion that the market value of the five
subject properties (as defined in the report), subject to the definitions, certifications,
assumptions, limiting conditions, as set forth in the attached report, as of February 2, 2007, is
as follows:
118 Northeast 5th Avenue:
122 Northeast 5th Avenue:
136 Northeast 5th Avenue:
140 Northeast 5th Avenue:
144 Northeast 5th Avenue:
$ 150,000
$ 170,000
$ 170,000
$ 170,000
$ 160,000
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Vivian Brooks, Planning Director
Boynton Beach Community Redevelopment Agency
February 6, 2007
The estimate of market value of the fee simple estate for all five of the subject
properties, as of February 2, 2007, the date of inspection was:
EIGHT HUNDRED TWENTY THOUSAND DOLLARS
$820,000
The following presents a complete appraisal in a summary report. This letter
must remain attached to the report, which contains 55 pages, in order for the
value opinion set forth to be considered valid. Your attention is directed to the
Assumptions and Limiting Conditions, which follow.
Respectfully submitted,
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KO' ert ". ""ifig~.. .. . -; s .. -..........
Sr~~ed Gene~ill;::ppr~ser RZA
MichelIe J. Ja~L)
State-Registered Trainee Real Estate Appraiser RI15929
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BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
CRA BOARD MEETING OF:
March 13, 2006
I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT:
MLK Corridor Update
SUMMARY: At the February 13, 2006, the City Commission moved to the lead negotiating
position of the Tri-Party agreement between the City, CRA and InTown Partners LLC. The first
meeting was held on February 16th and the developer brought a response draft agreement to the meeting.
Since that time both the City and CRA have prepared responses to the agreement and the City Attorney
will be providing those details to the developer. Additionally, as of to day's date there is no additional
meetings set to further negotiate the agreement.
Treasure Coast Regional Planning Council (TCRPC) has begun working with staff on the market study
update and development program for the area. TCRPC will be on site March 13th and 14th and staff has
requested that they briefly address the board with respect to the scope of work, deliverables, timelines
and to answer any questions.
FISCAL IMPACT:
None.
RECOMMENDA TIONS:
None.
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\0703 13 CRA Board Meeting - March\MLK CORRIDOR UPDATE.doc
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BOYNTON BEACH eRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: March 13.2007
AG.EN:OA ITEM: IX. E.
LL Cou=~ 4pnb I x I . Old BaD". tJ New B~ I
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otbIrJ
SUBJECT:
COASiclemtion ofPU1'QbastDg It Vacant Lot on NW 12th Aveoue
~Y: This proposed pu:n1bue &1111 under the approved Hean orBo~:Il Wodc Program.
The 5.000 sq. ft. vaoant lot will be uslld ibr the CObstruction of. a new affotdtble lrin.sle..f'mWyrcsidence.
Staff is teCOmm~ that the lot b.:l conveyed to Habitat for Humanity since they arc OOnstructin& a
halnc across the IfmX. Stdwill ~ a P\n:Dhase and Developmmt AgnBIltmt betweml Habitat and
the eRA to the April Boud mo<<io&.
FISCAL IMPACf:
$70.000 plWJ customltY closing cost to come flram Boltd .IT P"'ClMd5.
RECOMMENDATIONS:
A.):)prove the Pllrclwc Agreement between V cstiguer.oc Pl~ and the CRA for womt property located
at NW 12th AVCIIIlue 1n the 8IIl.0UDt of$70tOOO.
v.~f1/-
I, eRA Planning Director
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T;W3ENDAS, CONSENT I\C3ENDAI. MONTHLy REPOR~~ ...'Iram R8Q1.Ie81I=~. by ~\FY ~o., B.,.",
M8d1lg$'tQ703 13 eRA I5amd Medng - March\Pll':fr8 Let rffl121h.dgc
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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 VESTIGUERNE PIERRE
(hereinafter "SELLER").
In consideration of the mutual covenants and agreements herein set forth, the Parties her~to agree
as follows:
I. 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:
Cherry Hills, Boynton Lots 390 & 391, 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
18133, Page 1171.
PCN: 08-43-45-21-14-000-3900
2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the
Property shall be Seventy Thousand Dollars ($70,000.00), 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 ofTen Dollars ($10.00) (the "Deposit").
3.1 Apolication/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
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, ifany, as are provided in Section 12.
3.3 Escrow Agent CRA and SELLER authorize Escrow Agent to receive,
deposit and hold funds in escrow' and, subject to clearance, disburse them upon proper
authorization and in accordance with Florida law and the terms of this Agreement. The parties
PURCHASE AGREEMENT
Page 2 of 12
j
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 March 16, 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 April 30, 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 of the Title Commitment (hereinafter defined),
valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and
all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions
except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes
and special assessments for the year of Closing and subsequent years not yet due and payable;
(b) covenants, conditions, easements, dedications, rights-of-way and matters of record included
on the Title Commitment or shown on the Survey (defined in Section 7), to which CRA fails to
object, or which CRA agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof.
7.0 Investigation of the Property. During the term of this Agreement ("Feasibility
Period"), CRA, and CRA's agents, employees, designees, Contractors, surveyors, engineers,
architects, attorneys and other consultants (collectively, "Agents"), shall have the right, at CRA's
expense, to make inquiries of, and meet with members of Governmental Authorities regarding
the Property and to enter upon the Property, at any time and from time to time with reasonable
notice to SELLER and so long as said investigations do not result in a business interruption, to
perform any and all physical tests, inspections, and investigations of the Property, including but
not limited to Phase I and Phase II investigations, which CRA may deem necessary. During this
Feasibility Period, CRA may elect, in CRA's sole and absolute discretion, to terminate this
contract and receive back all Deposits hereunder. If CRA elects to terminate this Agreement in
accordance with this Section, CRA shall: (i) leave the Property in substantially the condition
existing on the Effective Date, subject to such disturbance as was reasonably necessary or
convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall
repair and restore any damage caused to the Property by CRA' s testing and investigation; and
(iii) release to SELLER, at no cost, all reports and other work generated as a result of the CRA' s
testing and investigation. CRA hereby agrees to indemnify and hold SELLER harmless from
2
PURCHASE AGREEMENT
Page 3 of 12
i
and against all claims, losses, expenses, demands and liabilities, ihcluding, but not limited to,
attorney's fees, for nonpayment for services rendered to CRA (including, without limitation, any
construction liens resulting therefrom) or for damage to persons or property (subject to the
limitation on practicability provided above) arising out of CRA's investigation of the Property.
CRA's obligations under this Section shall survive the termination, expiration or Closing of this
Agreement. However, CRA's indemnification obligations shall not exceed the statutory limits as
described 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
obligations or liability hereunder, except for those expressly provided herein to survive
termination of this Agreement.
Prior to the Closing, CRA shall have the right to cause the Title Company to issue
an updated Title Commitment ("Title Update") covering the Property. If any Title Update
contains any conditions which did not appear in the Title Commitment, and such items render
title unmarketable, C;RA 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
3
PURCHASE AGREEMENT
Page 4 of 12
I
arising from the Title Update shall be the same as objections to items appearing in the Title
Commitment, subject to the provisions of this Section.
7.3. Survey Review. CRA, at CRA's expense, may obtain a current boundary
survey (the "Survey") of the Property, indicating the number of acres comprising the Property to
the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that
improvements located thereon encroach on setback lines, easements, lands of others or violate
any restrictions, covenants of this Agreement, or applicable governmental regulations, the same
shall constitute a title defect and shall be governed by the provisions of Section 7.3 concerning
title objections.
8. CONDITIONS TO CLOSING. CRA shall not be obligated to close on the
purchase of the Property unless each of the following conditions (collectively, the "Conditions to
Closing") are either fulfilled or waived by CRA in writing:
8.1. Representations and Warranties, All of the representations and warranties
of SELLER contained in this Agreement shall be true and correct as of Closing,
8.2. Condition of Property. The physical condition of the Property shall be the
same on the date of Closing as on the Effective Date, reasonable wear and tear excepted.
8.3. Pending Proceedings. At Closing, there shall be no litigation or
administrative agency or other governmental proceeding of any kind whatsoever, pending or
threatened, which has not been disclosed, prior to closing, and accepted by CRA.
8.4. Compliance with Laws and Regulations. The Property shall be in
compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes,
requirements, licenses, permits and authorizations as of the date of Closing.
9. CLOSING DOCUMENTS. The CRA shall prepare, or cause to be
prepared, the Closing Documents set forth in this Section, except for documents prepared by the
Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and
delivered, to CRA the following documents and instruments:
9.1. Deed. A Warranty Deed (the "Deed") conveying to CRA valid, good,
marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances
and other conditions of title other than the Permitted Exceptions.
9.2 Seller's Affidavits. SELLER shall furnish to CRA an owner's affidavit
attesting that, to the best of its knowledge, no individual or entity has any claim against the
Property under the applicable construction lien law; and that there are no parties in possession of
the Property other than SELLER. SELLER shall also furnish to CRA a non-foreign affidavit
with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced
above, the same shall be deemed an uncured title objection.
9.3. Closing Statement. A closing statement setting forth the Purchase Price,
4
PURCHASE AGREEMENT
Page 5 of 12
I
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.
10.4 Closing Procedure. CRA shall fund the Purchase Price subject to the
credits, offsets and prorations set forth herein. SELLER and CRA (as applicable) shall execute
and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i)
disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up"
Title Commitment to CRA, and promptly thereafter, record the Deed and other recordable
Closing Documents in the appropriate public records.
10.5 .Existing Mortgages and Other Liens. At Closing, SELLER shall obtain,
or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments
5
PURCHASE AGREEMENT
Page 6 of 12
applicable to and encumbering the Property.
11. REPRESENTATIONS, COVENANTS AND WARRANTIES.
11.1 Seller's Representations and Warranties. SELLER hereby represents,
covenants and warrants to CRA, as of the Effective Date and as of the Closing Date, as follows:
11.2. Authority. The execution and delivery of this Agreement by SELLER and
the consummation by SELLER of the transaction contemplated by this Agreement are within
SELLER'S capacity and all requisite action has been taken to make this Agreement valid and
binding on SELLER in accordance with its terms. The person executing this Agreement on
behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this
Agreement represents a valid and binding obligation of SELLER.
11.3. Title. SELLER is and will be on the Closing Date, the owner of valid,
good, marketable and insurable fee simple title to the Property, free and clear of all liens,
encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances
of record which will be discharged at Closing).
12. DEFAULT.
12.1. Purchaser's Default. In the event that this transaction fails to close due to
a wrongful refusal to close or default on the part of CRA, subject to the provisions of Paragraph
12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow
Agent to SELLER as agreed liquidated damages and, thereafter, neither CRA nor SELLER shall
have any further obligation or liabilities under this Agreement, except for those expressly
provided to survive the termination of this Agreement; provided, however, that CRA shall also
be responsible for the removal of any liens asserted against the Property by persons claiming by,
through or under CRA, but not otherwise. CRA and SELLER acknowledge that if CRA defaults,
SELLER will suffer damages in an amount which cannot be ascertained with reasonable
certainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent
most closely approximates the amount necessary to compensate SELLER. CRA and SELLER
agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture
prOVISIOn.
12.2. Seller's Default. In the event that SELLER shall fail to fully and timely
perform any of its obligations or covenants hereunder or if any of SELLER'S representations are
untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement,
CRA may, at its option: (1) declare SELLER'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 Section 3 and
neither Party shall have any further rights hereunder or (2) seek specific performance of this
Agreement, without waiving any action for damages.
12.3. ,Notice of Default. Prior to declaring a default and exercising the remedies
described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party
6
PURCHASE AGREEMENT
Page 7 of 12
j
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:
Vestiguerne Pierre
962 NW 8th Avenue
Boynton Beach, Florida 33426-2934
PH: 561/503-3201
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 eRA, which shall not be unreasonably withheld. CRA shall
have the right to assign this Agreement to the City of Boynton Beach (the "City") without the
prior consent of SELLER and the CRA shall be released from any further obligations and
liabilities under this Agreement. The CRA may not assign this Agreement to any other party
without the prior written approval of SELLER, which shall not unreasonably withheld. If CRA
has been dissolved as an entity while this Agreement and/or the attached Lease Agreement are in
effect, the provisions of section 163.357(1), Florida Statutes, (as it may be amended from time to
time), shall apply.
.
15. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is
7
PURCHASE AGREEMENT
Page 8 of 12
j
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,
petroleum, petroleum product or petroleum 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:
(I) 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.
(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.
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:
8
PURCHASE AGREEMENT
Page 9 of 12
I
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
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, including, 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
9
PURCHASE AGREEMENT
Page 10 of 12
j
any number of counterparts, each of which shall be deemed to be i 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.
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 circumstances shall
be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The
provisions of this Section shall apply to any amendment of this Agreement.
18.6 ,Handwritten Provisions. Handwritten provisions inserted in this Agreement
and initialed by CRA and SELLER shall control all printed provisions in conflict therewith.
10
PURCHASE AGREEMENT
Page 11 of 12
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.
18.1 I 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.
SIGNA TURES ON FOLLOWING PAGE
1 I
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
T:Development\HOB\Pierre Purchase Agreement.doc
SELLER
Date:
Vestiguerne Pierre
Witnesses:
12
Print Name
Print Name
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IFile No. 270127.000 I
SUMMARY APPRAISAL REPORT
BASED ON HIGHEST AND BEST USE OF THE SITE
APPRAISAL OF AN R2 ZONED PARCEL
LOCATED AT:
NW 12th Avenue
CHERRY HillS, BOYNTON l TS 390 & 391
Boynton Beach, Florida 33435
FOR:
Boynton Beach Community Redevelopment Agency - Altn: Robert T. Reardon
915 South Federal Highway
Boynton Beach, Fl 33435
AS OF:
February 27, 2007
BY:
ANDERSON & CARR, INC.
521 South Olive Avenue
West Palm Beach, Florida 33401
561-833-1661
561-833-0234 . FAX
Form GA5 - "TOTAL for Windows" appraisal software by a la mode, inc. - 1-800-ALAMODE
ROBERT B. BANTING. MAl, SRA, PRESIDENT
State.Certified General Real Estate Appraiser RZ4
FRANK J. CARDO. MAl, VICE PRESIDENT
State-Certified General Real Estate Appraiser RZI 190
~()r:l2if)~ & C:~l2. I~C:.
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< rtl'l'raisers · Jlebltors >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>~
521 SOUTH OLIVE A VENUE
WEST PALM BEACH, FLORIDA 33401-5907
www.andersoncarr.com
Telephone (561) 833-1661
Fax (561) 833-0234
March 3, 2007
0iLa/i1y r:fJervice rfJlflce 194'l
Robert T. Reardon
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, Florida 33435
Re: Vacant Residential Lot
NW 12th Avenue
Boynton Beach, Florida 33435
Our File No. 270127.000
Dear Mr. Reardon:
At your request, we have appraised the above referenced property. The purpose of this appraisal was to
estimate the market value of the fee simple estate of the subject property, as of the date of inspection,
February 27, 2007.
As a result of our analysis, we have developed an opinion that the market value (as defined in the report),
subject to the definitions, certifications, and limiting conditions set forth in the attached report, as of
February 27, 2007 was:
SIXTY-SIX THOUSAND DOLLARS
($66,000)
The following presents a complete appraisal in a summary report. This letter must remain attached to
the report in order for the value opinion set forth to be considered valid. Your attention is directed to
the Assumptions and Limiting Conditions that follow.
Respectfully submitted,
,~~
Robert B. Banting, MAl, SRA
[~1:~~~P'~dR7A
State Registered Trainee Appraiser #RIl5929
RBB/MJJ
File No. 270127.QQj)j
LAND APPRAISAL REPORT
File No 270127 000
Predominant Occupancy
Single Family Price Range
Single Family Age
Borrower Boynton Beach Community Redevelopment Agency
Property Address NW 12th Avenue .~
City Boynton Beach County Palm Beach ._
Legal Description CHERRY HILLS, BOYNTON L TS 452 & 453 I
Sale Price $ Price per SF Date of Sale ~__ Loan Term ~ yrs i Property Rights Appraised i2<:J Fee 0 Leasehold 0 De Minimis PI"
Actual Real Estate Taxes $ 396.35 __ (yr) Loan charges to be paid by seller $ N/A Other sales concessions N/A
Lender/Client Boynton Beach Community Relocation Agency Address 915 South Federal Highway Boynton Beach, FL 33435
Occupant N/A Appraiser Michelle J. Jackson Instructions to Appraiser Land Form ADDralsal for nosslble acauisition bv the
CRA of Bovnton Beach Florida.
Location I6J Urban U Suburban U Rural
Built Up C8J Over 75% 0 25% to 75% 0 Under 25%
Growth Rate 0 Fully Dev. 0 Rapid 0 Steady [8] Slow
Property Values 0 Increasing [8] Stable 0 Declining
Demand/Supply 0 Shortage C8J In Balance 0 Oversupply
Marketing Time 0 Under 3 Mos. ~ 4-6 Mos DOver 6 Mos.
Present Land Use ~% 1 Family ~% 2.4 Family ---1Q% Apts. _% Condo --1% Commercial
% Industrial % Vacant 35% Church/School/Park
Change in Present Land Use 0 Not Likely --::8J Likely (*) 0 Taking Place (*)
(*) From ~_ To Rl
o Owner ~ Tenant ~% Vacant
$ to $____ Predominant Value $
~ yrs. to _ __ yrs Predominant Age
Census Tract 61.00
Map Reference 100
State FL
Zip Code 33435
Employment Stability
Convenience to Employment
Convenience to Shopping
Convenience to Schools
Adequacy of Public Transportation
Recreational Facilities
Adequacy of Utilities
Property Compatibility
Protection from Detrimental Conditions
Police and Fire Protection
General Appearance of Properties
Appeal to Market
Good Avg Fair Poor
0C8J00
0C8J00
[8]000
[8]000
[8]000
0C8J00
0C8J00
0C8J00
00[8]0
0C8J00
000C8J
000C8J
yrs.
Comments including those factors, favorable or unfavorable, affecting marketability (e.g. pUblic parks, schools, view. noise): Subject pronerlv consists of one Darcel that
fronts alono the south side of NW 12th Avenue. iust south af the Bovnton Beach Canal (C-16\. This canal is the north boundarv of the Heart of Bovnton
RedeveloDment Master Plan. Subject site Is vacant land. This is a transitianal neiohborhood as the CRA of Bovnton Beach has Dlans to acauire these
I Dronerties and rezone them allowlna for renlattlna and redevelonment See General Text Addendum for further exnlanation.
Dimensions 50.0' x 102.00' x 50.0' x 102.00'(Based on Plat Map) = 5,100 Sq. Ft. or Acres 0 Corner Lot
Zoning classification R2 - Residential Duplex (9.68 Density Max.) Present Improvements C8J do 0 do not conform to zoning regulations
Highest and best use 0 Present use C8J Other (specifv\ Future Land Use Plan Indicates Rl- Sinale Familv Residence
Public Other (Describe) OFF SITE IMPROVEMENTS Topo Level with street grade.
C8J At road front Street Access [8] Public 0 Private Size Typical for neighborhood
o None Surtace Asphalt Shape Rectangle
C8J At road front. Maintenance C8J Public 0 Private View Residential
C8J At road front. C8J Storm Sewer 0 Curb/Gutter Drainage AnDears adeauate
o Underground Elect. & Tel. 0 Sidewalk C8J Street Liohts Is the property located in a HUD Identified Special Flood Hazard Area? [8] No 0 Yes
Comments (favorable or unlavorable including any apparent adverse easements, encroachments, or other adverse conditions): None noted althouah an Environmental Phase I
survey was not ordered or reviewed bv thIs aODralser and is beyond the SCODe of this assianment The subiect DrODerlv Is currentlv in an area of
re-develoDment. The Future Land Use Plan has deslanated this area for residential re-develonment
Elec
Gas
Water
San. Sewer
The undersigned has recited three recent sales of properties most similar and pro~mate to subject and has considered these in the market analysis. The description includes a dollar
adjustment reflecting market reaction to those Items 01 significant variation between the subject and comparable properties. If a significant item in the comparable property is superior
to or more favorable than the subject property. a minus H adjustment is made thus reducing the indicated value of subject; if a signHicant item in the comparable is inferior to or less
favorable than the subject property, a plus (+) adjustment is made thus increasing the indicated value of the subject.
ITEM SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3
Address NW 12th Avenue 105 NE 11th Avenue 3048 E. Palm Drive 480 Ocean Parkway
Bovnton Beach Bovnton Beach _. Boynton Beach Bovnton Beach
Pro)ijmilvto Sub'ect .. 0,45 miles 1.56 miles 1.40 miles
Sales Price Is N/A .... . Is 65,000 . Is 75 0001 ~ 82,500
Price N/A I ~ I $ I s
Data Source Public Records Files Public Records,Win2Dala Seller MLS 2600005, ISC,RealQuest MLS 2600002 ISC RealQuest
Date of Sale and DESCRIPTION DESCRIPTION 1+(-)$ Adiust DESCRIPTION 1+(-1$ Must DESCRIPTION I +(-)SAdiust.
- Time Adjustment N1A 0112007 : 03/2006 -4125 0212006 : -4.950
Location Interior Lot Crnr. Lot/Road Noise : +4 000 Interior Lot/SuDerior: -5 000 Interior Lot/SuDerior. : .5,000
SiteNiew Residential Residential : Residential : Residential :
Tract Size/Site Utilitv 5100 SF +1-1 AveraDe 6982.67 SF +/-1Avn. -4000 6600 SF +/- : -3000 5913.56 SF +1-/Ava.: -2000
Zonina R2 R2 : Rl : Rl
Price/SF N/A $9.31/SF____ .$11.36/SF $13.95/SF
OR Book/Paae 18133/1171 21349/1789 20191/1235 20089/1747:
Sales or Financing N/A Cash to Seller Conventional Conventional
Concessions None Known None Known None Known
Net AdUTotaJ\ fl+ fl- :$ fl+ fX1- :$ 12125 fl+ rxI_:$ 11950
~~d~~~j~~~alue> 'p ..:. Net :.. % j~ 65,000 Net'.1.li.2% .I~ 62,875 Nett4.5%.I$ 70550
Comments on Market Data: All three sales are Diven conslderatlan in the market analvsis. Sales 2 and 3 are tocated outside of the Heart of Bovnton
RedeveloDment boundaries. Sale 1. the Subiect oroDertv and Listlno 4 are within the boundaries of the re-develonment area. Tvnical homes in the
sublect neiahborhood are selilno from $120 000 un to $282,000. See Attached Sales Summary.
Comments and Conditions ot Appraisal:
Final Reconciliation: All three sales are alven consideration in the final analvsis. The hiDhest and best use of the site Is to allow zonlna chanAes to
occur for slnale famll dwelilnos In the neiohborhood and comnlete the revitalization nroiect. Based on the market sales a Drice ner souare foot
I.c~ :ed.ln the middle f tile adjusted Drice scale is Indicated for the subject lot, as of Februarv 27 20070f $13/SF.
I r ~'1; r~EriRKE V~W! AU,EFINED. DF SUBJECT PROPERTY AS OF February 27, 2007 ~ to be $ 66,000'
st.'t. E REGIS~m ~IN~#k~ STAT~~R<'~'> - _"
Michelle J. JaCk~o~- - ~ 0 Did [8J Did Not Physically Inspect Property
Aporaiserlsl Review Appraiser (ff applicable)
[Y2K]
Anderson & Carr, Inc.
Form LND - "TOT AL for Windows" appraisal software by a la mode, inc - 1-800-ALAMODE
LAND APPRAISAL REPORT
MARKET DATA ANALYSIS
IFile No. 270127.0001
ITEM I SUBJECT PROPERTY COMPARABLE NO, 4 1--.-. COMPARABLE NO, 5 COMPARABLE NO.6 <~
Address NW 12th Avenue 420 NW 6th Avenue
Bovnton Beach Bovnton Beach
Proximilv to Sub'ect ------
. . 0.39 miles 0.62.miles
Sales Price 1$ N/A " 1$ 140000 . " 1$ 1$
Price 1$ N/A 1$ 1$ 1$
Data Source Public Records Flies MLS 2728465 ISC,RealQuest
Date of sale and DESCRIPTION DESCRIPTION 1+(-1$ Adiust. DESCRIPTION 1 + 1-)$ Adiust. DESCRIPTION + (-)$ Adiust.
Time Adjustment N/A Active Listina 10/06 : -2800 :
LocaUon Interior Lot Interior Lot - : : :
S~eNiew Residential Residential :
Tract Size/Site Utility 5 100 SF +/-/ AveraQe 12890 SF +/- -60,000 :
Zonina R2 R1-A
Price/SF N/A $10.86/SF
OR Book/Paoe 18133/1171 N/A
Sales or Financing N/A No Offers To Date
Concessions 146 Davs on Market :
Net Adi. IT otall r l + RI- :$ 62 800 rl+ fl- : $ rl + I 1- :$
indicated Value - '" - Net 44;9% j $ 1$ % 1$
of Sub'ect ' '" '; 77,200 .Net. % Net
Comments: See General Text Addendum,
_. .-
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File No. 270127.000
Anderson & Carr. Inc.
Form LND.(AC) - "TOTAL for Windows" appraisal software by a la mode, inc - t-800-ALAMODE
Borrower/Client Bovnton Beach Communltv Redevelonment Anencv ~-~--~-
Pronertv Address NW 12th Avenue
Citv Bovnton Beach Countv Palm Beach State FL lip Code 33435 <.
Lender N/A
Supplemental Addendum
[fileNo 270127.000:
Rle No 270127000
INCOME APPROACH TO VALUE:
The Income Approach to Value is not applicable as the typical purchaser is an owner/developer who would not buy
same as an income generating property
SALES HISTORY:
The subject property was last purchased in January 2005 for a recorded price of $15,500 by the current owner as
recorded in OR Book 18133, page 1171. This information does not constitute a title search.
SALES SUMMARY:
The subject property has a land use designation of R2 for medium density residential with a maximum of 9.68
units (Max.)per acre. It is vacant and ready for development as are all of the sales and listings used in this report.
The subject site is smaller than the three comparable sales and is in an inferior neighborhood, however the
neighborhood is experiencing a revitalization effort, with Sale 1 and Listing 4 being under the same influence as the
subject.
The comparable sales were adjusted for their differences when compared to the subject. All of the sales are sites
that were purchased for residential development or potential residential development. Typical buyer of the subject
would consider this development option. All of the sales are located within 2 to 3 miles of the subject.
All sales and listings used in this report were adjusted for time based on 1/2% per month due to the decreasing real
estate market in this area.
Sale 1 is located on the northeast corner of NE 11th Avenue and Seacrest Boulevard, just eastof Seacrest
Boulevard and north of Boynton Beach Boulevard in Boynton Beach, Florida. It has the same zoning as the subject
property but an external obsolescence due to it's proximity to Seacrest Boulevard and traffic noise. The lot has
recently been cleared for development. This sale occurred in January of 2007 and sold for $65,000 indicating $9.31
per square foot of vacant land. An upward adjustment was made to this sale for the external obsolescence due to
the traffic noise from Seacrest Boulevard. A downward adjustment was made to Sale 1 for the difference in size as it
compared to the subject.
Sale 2 and 3 are in the east Boynton Beach corridor north of the C-16 canal and just north of the Heart of Boynton
Beach Re-Development boundaries. These sales are in a superior neighborhood when compared to the subject
property, therefore requiring a downward adjustment for location. The density on these two sales is less than the
subject property, however, the subject property's size prohibits the development of more than one dwelling, therefore
no adjustment was deemed necessary. A downward adjustment was made to both Sale 2 and 3 for the difference in
size as they comapred to the subject property.
Comparable 4 is an active listing on MLS. It is located west of North Seacrest Boulevard and has been on the open
market for 146 days with no offers. This active listing is zoned R1-A. This listing was adjusted for negotiation,
location and size. This listing appears to be overpriced.
After all adjustments, the market indicates a value for the Subject property of $66,000.
ASSESSED VALUE:
Subject property is currently assessed for a total market value of 38,418. There are no exemptions on this property.
The total gross real estate taxes are $838.
IMPROVEMENTS:
Subject property is vacant and ready for development.
CLIENT DISCLOSURE AND INTENDER USER
This Summary Appraisal Report is intended for use by Boynton Beach Community Relocation Agency and/or
assigns. Use of this report by others is not intended by the appraiser.
PURPOSE OF REPORT:
The Purpose of this Summary Appraisal Report is to estimate the Market Value, Fee Simple Estate of the Subject
property based on its "As Is" condition as of February 27,2007.
INTENDED USE/USER OF THIS REPORT:
The Intended Use/User of this Summary Appraisal Report is to provide the client with a supportable estimate of
'lalue for the subject property which can be utilized for purchasing purposes.
Form T ADD - "TOTAL tor Windows" appraisal software by a la mode, inc. - 1-800-ALAMOOE
Borrowe[/(;lient Bovnten Beach Cemmunilv Redevelonment Anencv
Pronerlv Address NW 12th Avenue ---
Gitv Bovnton Beach ~ Palm Beach State FL Zip Go de 33435 ..
Lender N/A
Supplemental Addendum
IFile No. 270127.000 I
File No 270127 000
SCOPE OF ASSIGNMENT:
In keeping with the purpose of the appraisal and the appraisal process, the appraisers have engaged in original
research to provide a complete analysis for the client. Data from analysis has been gathered from various sources.
such as the Palm Beach County Public Records, First American Real Estate Solutions, county and local planning &
zoning departments, local realtors, property owners, and other appraisal offices. The product of this research and
analysis is formulated within this report for analysis of and direct comparison with the subject property being
appraised Additionally, we have used original research performed in preparation of other appraisals by this office,
which is considered appropriate for the subject property. This report is a complete appraisal in a summary format
Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden-or unapparent
conditions of the property that would make the property more or less valuable. The appraiser makes no guarantees
or warranties, express or implied, regarding the condition of the property. This summary appraisal report is not a
home inspection and/or an environmental inspection and cannot be relied upon to disclose defects or conditions in
the property. The appraiser performs an inspection of visible and accessible areas only. A professional
environmental inspection is recommended.
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Form MAPPLAT - "TOTAL for Windows" appraisal software by a la mode, inc. - 1.800.ALAMODE
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Form MAP.PLA T - "TOTAL for Windows" appraisal software by a la mode. inc. - 1-800-ALAMODE
Subject Photo Page
IFile No. 270127.000 I
Borrower/Client Bovnton Beach Community Redevelopment Aaencv
ProDertv Address NW 12th Avenue
Citv Bovnton Beach Countv Palm Beach State FL liD Code 33435
Lender N/A
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Subject Lot Front View
NW 12th Avenue
Sales Price
Gross Living Area
Total Rooms
Total Bedrooms
Total Bathrooms
Location
View
Site
Quality
Age
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Residential
Subject Aerial
Seacrest Blvd. and NW 12th
Form PIC3x5.SR - "TOTAL for Windows" appraisal software by a la mode, inc. -1-800-ALAMOOE
IFile No. 270127.000 I
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open
market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming
the price is not affected by undue stimulus. Implicit In this definition is t~e consummation of a sale as of a specified date and
the passing of title from seller to buyer under conditions whereby: (1) buyi!r and seller are typically motivated; (2) both parties
are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time Is allowed
for exposure in the open market; (4) payment is made In terms of cash in U.S. dollars or in terms of financial arrangements
comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or
creative financing or sales concessions' granted by anyone associated with the sale.
'Adjustments to the comparables must be made for special or creative finanCing or sales concessions. No
adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a
market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions.
Special or creative financing adjustments can be made to the comparable property by comparisons to financing
terms offered by a third party institutional lender that is not already involved in the property or transaction. Any
adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the
dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based
on the appraiser's judgement.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject
to the following conditions:
1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title
to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title.
The property is appraised on the basis of it being under responsible ownership.
2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the
sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's
determination of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or
other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood
Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this
determination.
4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question,
unless speCific arrangements to do so have been made beforehand.
5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at
their contributory value. These separate valuations of the land and Improvements must not be used in conjunction with any
other appraisal and are invalid if they are so used.
8. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence
of
hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became
aware of during the normal research involved In performing the appraisal. Unless otherwise stated in the appraisal report, the
appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions
(including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and
has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the
condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or
testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of
environmental hazards, the appraisal report must not be considered as an environmental assessment of the property.
7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources
that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility
for the accuracy of such items that were furnished by other parties.
8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of
Professional Appraisal Practice.
9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory
completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike
manner.
10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can
distribute
the appraisal report (inClUding conclusions about the property value, the appraiser's identity and professional designations,
and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other
than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal
organizations; any state or f~derally: approved financial institution; or any department, agency, or Instrumentality of the United
States or any state or the District of Columbia; except that the lender/client may distribute the property description section of
the :eport only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The
appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public
through advertIsing, public relations, news, sales, or other media.
Freddie Mac Form 439 6-93
Page 1 of 2
Fannie Mae Form 10048 6-93
Anderson & Carr, Inc
Form ACR DEFD - "TOTAL for Windows" appraisal software by a la mode, inc. - 1-800.ALAMODE
IFile No. 270127.000 I
APPRAISER'S CERTIFICATION: The appraiser certifies and agrees that:
1. I have researched the sUbject market area and have selected a minimum of three recent sales of properties most similar and
proximate to the subject property for consideration in the sales compariscin analysis and have made a dollar adjustment when
appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property
is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales
price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject
property, I have made a positive adjustment to increase the adjusted sales price of the comparable.
2, I have taken into consideration the factors that have an impact on value in my development of the estimate of market value
in the appraisal report I have not knowingly withheld any significant information from the appraisal report and I believe, to the
best of my knowledge, that all statements and information in the appraisal report are true and correct.
3. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions,
which are subject only to the contingent and limiting conditions specified in this form.
4. I have no present or prospective interest in the property that is the subject to this report, and I have no present or
prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or
completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap,
familial status, or national origin of either the prospective owners or occupants of the subject property or of the present
owners or occupants of the properties in the vicinity of the subject property.
5. I have no present or contemplated future interest in the subject property, and neither my current or future employment nor
my compensation for performing this appraisal is contingent on the appraised value of the property.
6. I was not required to report a predetermined value or direction in value that favors the cause of the client or any related
party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to
receive my compensation and/or employment for performing the appraisal, I did not base the appraisal report on a requested
minimum valuation, a specific valuation, or the need to approve a specific mortgage loan.
7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted
and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date
of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that
an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the
estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have
otherwise stated in the reconciliation section.
8. I have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as
comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject
improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and
have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market
evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the
SUbject property.
9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied
on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation
of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the
reconciliation section of this appraisal report. I certify that any individual so named Is qualified to perform the tasks. I have
not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the
appraisal report, I will take no responsibility for it.
SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies
and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report,
agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4
through 7 above, and am taking full responsibility for the appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED:
APPRAI,Ef:
:~:.'"...!~l~~) iJ~ ___
Date Signed: March 3, 2007
State Certification #: State Registered Trainee Appraiser # RI15929
or State License #:
State: Florida
Expirajion Date of Certification or license: 11/30/2008
Signa re:
Name: Robert B. Banting, MAl,
Date Signed: March 3. 2007
State Certification #: State Certified General RE. Appraiser #RZ4
or State License #:
State: Florida
Expiration Date of Certrtication or License: 11/30/2008
o Did
(SJ Did Not Inspect Property
Freddie Mac Form 439 6-93
Page 2 of 2
Fannie Mae Form 10048 6-93
Form ACR DEFD - "TOTAL for Windows" appraisal software by a la mode. inc. -j.800-ALAMODE
Borrower/Client Bovnton Beach Communltv RedeveloDment Aaencv
Pronertv Address NW 12th Avenue
City Bovnton Beach County Palm Beach State FL ~ liD Code 33435
Lender N/A
SUPPLEMENTAL ADDENDUM
IFile No. 270127.000 I
File No 270127000
Statement of Limiting Conditions and Appraiser's Certification (ContlnUed)~
11. I certify that, to the best of my knowledge and belief, the reported analysis, opinions and conclusions were developed, and this
report has been prepared in conformity with the requirements of the code of professional ethics and the standards of professional
appraisal practice ofthe Appraisal Institute.
12. I certify that the use of this report Is subject to the requirements of the Appraisal Institute relating to review by its duly
authorized representative.
13. The appraisers have performed within the context of the competency provision of the Uniform Standards of Professional
Appraisal Practice.
14. The use of this report is subject to the requirements of the Appraisal Institute and the State of Florida Division of Real Estate,
Florida Real Estate Board, relating to review by their duly authorized representatives.
15. This appraisal report has been prepared for the exclusive benefit of the client. It may not be used or relied upon by any other
party. Any party who uses or relies upon any information in this report, without the prepare"s written consent, does so at this own
risk. If this report is placed in the hands of anyone but the client, client shall make such party aware of all the Assumptions and
Limiting Conditions of this assignment.
16. As of the date of this report, Robert B. Banting, MAl, SRA has completed the requirements of the continuing education
program of the Appraisal Institute.
17. ACCEPTANCE OF, ANDIOR USE OF THIS APPRAISAL REPORT CONSTITUTES ACCEPTANCE OF THE PRECEDING
CONDITIONS.
Form SUP - "TOTAL lor Windows' appraisal software by a la mode, inc. - 1-800-ALAMODE
Qualifications
IFile No. 270127.0001
State FL
Zi Code 33435
QUALIFICATIONS OF APPRAISER
ROBERT B. BANTING, MAl, SRA
PROFESSIONAL DESIGNATIONS - YEAR RECEIVED
MAl - Member Appraisal Institute . 1984
SRA - Senior Residential Appraiser, Appraisal Institute _ 19n
SRPA - Senior Real Property Appraiser, Appraisal Institute _ 1980
State-Certified General Real Estate Appraiser, State of Florida, License No. RZ4 . 199]
EDUCATION AND SPECIAL TRAINING
Ucensed Real Estate Broker - #3748 - State of Florida
Graduate, University of Florida, College of Business Administration, BSBA (Major. Real Estate & Urban Land Studies) 1973
Successfully completed and passed the following Society of Real Estate Appraisers (SREA) and American Institute of Real
Estate Appraisers (AI REA) courses and/Or exam<: Note: the SREA & AlREA merged in 1991 to form the Appraisal
Institute.
SREA R2:
SREA 201:
SREA:
SREA:
A1REA 18:
SREA 101:
AI REA:
A1REA:
A1REA:
AIREA 2-2:
A1REA:
Al REA:
AI REA:
Case Study of Single Family Residence
Principles of Income Property Appraising
Single Family Residence Demonstration Report
Income Property Demonstration Report
Capitalization Theory and Techniques
I ntroduction to Appraising Real Property
Case Studies i. Real Estate Valuation
Standards of Professional Practice
Introduction to Real Estate Investment Analysis
Valuation Analysis and Report Writing
Comprehensjve Examination
Litigation Valuation
Standards of Professional Practice Part C
AlTENDED VARIOUS APPRAISAL SEMINARS AND COURSES. INCLUDING:
The Internet and Appraising
Golf Course Valuation
Discounting Condominiums & Subdivisions
Narrative Report Writing
Appraising for Condemnation
Condemnation: Legal Rules & Appraisal Practices
Condominium Appraisal
Reviewing AppraisaJs
Analyzing Commercial lease aauses
Eminent Domain Trials
Tax Considerations in Real Estate
Testing ReasonablenessIDisoounted Cash Flow
Mortgage Equity Analysis
Partnerships & Syndications
Hotel and Motel Valuation
Advanced Appraisal Techniques
Federal Appraisal Requirements
Analytic Uses of Compurer in the Appraisal Shop
Valuation of Leases and leaseholds
Valuation Litigation Mock Trial
Residenlial Construction From The Inside Out
Rates, Ratios, and Reasonableness
Analyzing Income Producing Properties
Development of MajorlLarge Residential Projects
Standards of Professional Practice
Regression Analysis In Appraisal Practice Federal Appraisal Requirements
Engaged in appraising and coDSulting assignments inauding market research, rental studies. feasibility analysis. expert witness
testimony. cash flow analysis. settJement confereooes, and brokerage covering all types. of real eslate since J 972.
President of Anderson & Carr. IRe.. RcaJtors and Appraisers. established 1947
Pas, President Palm Beam County 01."'.... Society of Real Estate Appraisers (SREA)
Realtor Member of Central Palm Beach County Association of Realtors
Special Master Cor Palm Beach County Property Appraisal Adjustment Boerd
Qualified as an Expert Witness providing testimony in matters of condemnation. property dj~Ules, bankruptcy court,
foreclosures., and other issues of real property valuation.
Member of Admissions Committee. Appnisaf Institute. South "'orida Chapter
Member of Review and Counseling Committee, Appraisal I nstitule . Sooth Florida Otapter
Approved appraiser for State or Aorida. Dep.~t of Transportation and Department Natural Resources.
Instructor of seminars., sponsored by the West Palm Beach Board of Realtors.
Autho~ articlC$ for The Palm Belch Post and .8gJJgr newsletter.
Real Estate Advisory Board Member, University of Florida.
TYPES OF PROPERTY APPRAISED. PARTIAL LISTING
Air Rights Medical Buildings
Amusement Parks Department Stores
Condominiums Industrial Buildings
Centers
Residences ~ All Types Mobile Home Parks
Interests
Special Purpose Buildings Restaurants
Institutions
Auto Dealerships; Vacant Lots ~ Acreage
Easement.'It
Apartment Buildings
Hotels - Motels
orrICO Buildings
Churches
Marinas
Shopping
Service Stations
Leasehold
Golf Courses
Financial
Residential Projects
"J am currently certified under the continuing education program of the Appraisal Institute."
Form MAP.PLAT - "TOTAL for Windows" appraisal software by a la mode. inc - 1.BOO.ALAMODE
Qualifications
[File No. 270127.000 I
County Palm Beach
State FL
Zi Code 33435
QUALIFICATIONS OF APPRAISER
MICHELLE J. JACKSON
GENERAL INrORMATION
State - Registered Trainee Real Estate Appraiser RIl5929
EDUCATION AND SPECIAL TRAINING
Palm Beach Community College, Lake Worth, Florida
AA( Majors - Architecture and Fine Art) 1984
Practiced Architectural Design in Palm Beach, Florida from 1985 through 1993.
Successfully completed and passed the following courses:
FREAB Licenses Residential Appraisal Course I, January 2005
MREA Licenses Residential Appraisal Course II, June 2006
USPAP, June 2006
Engaged in appraising real estate on a full time basis with:
Appraisal Realty Institute, March 2005
North Palm Beach, Florida
Anderson & Carr, Inc, March 2006
West Palm Beach, Florida
Resident of Palm Beach County since 1971.
TYPES OF PROPERTIES APPRAISED
Vacant Commercial Land
Vacant Residential Land
Commercial Buildings
Industrial Buildings
Insurable Value Reports - Residential and Commercial
Single Family Residences
Condominiums
2-4 Family Residential Buildings
Form MAP.LOC - "TOTAL for Windows" appraisal software by a la mode, inc. - 1-800-ALAMODE
1~~~Y~T2~eRA
Ii East Side-West Side-Seaside RenaISsance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF:
March 13, 2007
AGENDA ITEM:
I Consent Agenda I X I Old Business
New Business
Public Hearing
Other
SUBJECT: Discussion of Ocean Breeze Incentives
SUMMARY:
The CRA board previously entered into a Direct Incentive Agreement with Boynton Associates, the developer of
the Ocean Breeze project located in the Heart of Boynton for a total of $852,587 over a ten year period. In
September 2006, in response the developer's assertion that the terms of the executed DIF A were insufficient to
make the project work, staff presented an enhanced incentive package valued at $3.9M. At that time, the Board
directed staff to bring back a draft incentive agreement.
Staff has worked diligently with the developer to come up with an incentive package that makes financial sense
for the agency and the developer. Boynton Associates latest incentive request is outlined below:
a. City and CRA agree to promptly consider and approve any request for rezoning of the Boynton
Associates properties, and any contiguous parcels acquired or contributed to the Project, to
SHDRlIPUD 20 du/ac. A complete site plan submission package will not be required for this
approval.
b. CRA agrees to buy the pre-sale units required by the Developer's lender so that construction can
begin on the project, which is estimated to be 37 units and can assign their contracts subject to
the deed restrictions required of the existing DIF A, any new DIF A, as well as any additional
requirements mandated by the zoning change. CRA agrees to immediately place a deposit of 10%
of the total purchase price ofthe 37 units with developer's lender or the lender's approved
escrow agent. Once these units are sold to the CRA, the requirements of the DIF A and/or the new
zoning will have been met.
b. CRA shall contribute the "Peters" property and buy and contribute the Hollis, Jones and HTM
leasing properties to enable a further enhanced site plan and/or additional units. This incentive
is contingent upon the eRA being able to acquire the desired parcels through diligent good-faith
voluntary acquisition..
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 03 13 CRA Board Meeting - March\Ocean Breeze Options.doc
~~~qY~T8~ eRA
iIIi East Side-West S.,de-Seaside RenaISsance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
c. Upon execution of the agreement, CRA will immediately deliver $2m in cash and a Letter of
Credit in the amount of $2m to Developer's lender to be used for land buy-down, the project
and/or fees associated with the project.
d. Project to be put on CRA/City Fast Track for sought after approvals.
e. Parties to agree on a mutually acceptable site plan and building elevations, The site plan and
rendering would become exhibits to the DIF A . The building elevations shall be similar to the
Developer's original submission (prior to CRA requested enhancements), with the exception of
the composition shingle roof, which shall be changed to metal.
f. Parties shall agree to a mutually acceptable Project Schedule.
g. The Direct Incentive Agreement shall give the CRA Board the specific right, but not the
obligation, to approve of any successor or assign of the Developer, unless that successor or
assign is a related entity (shares members).
h. CRA shall immediately remove the demolition lien from the project property as previously
agreed to, without the need for further action on the part of the Developer.
I. City and CRA agree to extend the existing Ocean Breeze site plan and DIF A for one year.
J. CRA and City agree to use their housing incentive programs for the Project units and agree to
budget accordingly.
I. CRA agrees to allocate to the Developer a TIF rebate based on the entire project (both phases
and total units) at the maximum amount with the maximum front loading available under the
program, with a minimum of 50% of the TIF over a ten year period per phase with maximum
front loading.
m. City and CRA agree to waive all fees (including, but not limited to, administration, application,
review, park, bonding, surety, water reservation, permit, impact, etc.) and to assist Developer in
applying for fee waivers from Palm Beach County.
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\0703 13 CRA Board Meeting - March\Ocean Breeze Options.doc
1~~~Y~T8~ eRA
iIIi East Side-West Side-Seaside Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
Ocean Breeze
Requested Project Assistance Summary
Incentive T e
Demolition of Structures
CRA Purchase of 37 units
37 units 265,000
CRA Purchase of Peter Pro e
CRA Purchase of Additional Pro erties
CRA Payment of Development Fees, Impact
Fees, Other Fees and Infrastructure
1m rovements $ 4,000,000
Total $ 6,550,500
1 Waiver previously approved and amount previously paid from 2005 budget
2. This amount is the 10% deposit required. The CRA will sell the units to buyers
and utilize its HAP and CL T for funding along with the Buyer's lender and the City
programs. It is possible that a portion of this amount will be repaid from buyers,
their lenders, or various programs available..
3 Property already purchased by CRA in 2006 budget year
4. Estimate.
Sim Ie Cash Value Notes
$ 350,000
$ 980,500 2
$ 470,000 3
$ 750,000 4
FISCAL IMPACT:
Funds are available from Bond II proceeds, HAP program, CL T funding but would leave little for other projects.
RECOMMENDA TIONS:
Staff does not recommend the incentive package requested by the developer. The developer is seeking
the entire project subsidy from the CRA. Furthermore, staff cannot evaluate if this is the appropriate
amount of subsidy since the developer will not disclose pertinent information particularly the cost of the
land. It is not standard practice for a CRA to fully fund the gap in an affordable housing project.
Typically developers of affordable housing have expertise in accessing a variety of subsidies ranging
from the federal to local level.
If the Board does not approve the proposed incentive package, Boynton Associates is prepared to sell the
property to the CRA for 1.5% above appraised value ($6.4M) plus the value of the impact fee credits
($500,000) for a total of $7.0M.
TIAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 03 13 CRA Board Meeting - March\Ocean Breeze Options. doc
1I!~~~Y~T2~ eRA
Ii East Side-West Side-Seaside RenaISsance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
Staff feels that it would be more productive to purchase the Ocean Breeze site and request proposals
from developers with experience with this size and type of development. This will afford the CRA more
control over the project to ensure quality and affordability.
The CRA attorney and the developer have drafted a purchase agreement (attached) if the Board wishes to
pursue this alternative.
~~
CRA Planning Director
Kenneth G. Spillias
CRA Attorney
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 03 13 CRA Board Meeting - March\Ocean Breeze Options doc
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 BOYNTON ASSOCIATES,
L TD, a Florida Limited Partnership, (hereinafter "SELLER").
In consideration of the mutual covenants and agreements herein set forth, the Parties hereto 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:
See Exhibit "A"
2. PURCHASE PRICE AND PAYMENT, The Purchase Price to be paid for the
Property shall be Six Million Five Hundred Thousand Dollars ($6,500,000.00), payable in cash,
by wire transfer of United States Dollars at the Closing. Also at the time of Closing,
PURCHASER shall pay an additional Five-Hundred Thousand Dollars ($500,000.00) to
SELLER in exchange for an assignment of all of SELLER'S rights, title, and interest, if any, in
and to all Palm Beach County Impact Fee credits applicable to the Property.
3. DEPOSIT. PURCHASER shall pay the sum of Six Hundred and Fifty
Thousand Dollars ($650,000.00) as the deposit required under this Agreement ("Deposit") three
(3) business days following the Effective Date of this Agreement.
3.1 Application/Disbursement of Deposit. The Deposit shall be applied and
disbursed as follows:
The Deposit shall be delivered to SELLER at Closing and the PURCHASER 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 PURCHASER. If this Agreement is terminated due to a default, pursuant to
Section 12, the Deposit shall be delivered to (or retained by, as applicable) the non-defaulting
Party, and the non-defaulting Party shall have such additional rights, if any, as are provided in
Section 12.
3.2 Escrow Agent. Buyer and Seller agree that the Deposit shall be paid to
Lewis, Longman & Walker, P.A. ("Escrow Agent") who shall be instructed to invest the Deposit
in an interest-bearing money market account with an insured banking or savings and loan
institution doing business in the State of Florida. The interest earned on the Deposit shall be paid
to the party who is entitled to the Deposit under the terms of this Contract, and shall not be
applied as a reduction to the Purchase Price. Interest earned on the Deposit shall be reported
PURCHASE AGREEMENT
Page 2 of 16
under the federal tax identification number for the party receiving the Deposit. Buyer and Seller
agree to execute and deliver such tax reporting forms as may be reasonably required by Escrow
Agent to establish such account and to report the interest.
PURCHASER and SELLER authorize Escrow Agent (as defined above) 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
PURCHASER 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 the day
after PURCHASER'S March 2007 Board meeting (which is now scheduled for March 13,2007),
the Deposit will, at PURCHASER'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 April 15, 2007, unless extended or shortened by other provisions of this Agreement or
by written agreement, signed by both parties.
6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to CRA, by
Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined),
valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and
all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions
except only the following (collectively, the "Permitted Exceptions" attached hereto as Exhibit
B): (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 7.2
and Section 7.3 hereof.
7. INVESTIGATION OF THE PROPERTY. Within thirty (30) days from the
Effective Date 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
2
PURCHASE AGREEMENT
Page 3 of 16
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. The CRA may enter the Property as of the
Effective Date to conduct these investigations. During this Feasibility Period, CRA may elect, in
CRA's sole and absolute discretion, to terminate this contract and receive back all Deposits
hereunder. If CRA elects to terminate this Agreement in accordance with this Section, CRA
shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject
to such disturbance as was reasonably necessary or convenient in the testing and investigation of
the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the
Property by CRA's testing and investigation; and (iii) release to SELLER, at no cost, all reports
and other work generated as a result of the CRA' s testing and investigation. CRA hereby agrees
to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands
and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered
to CRA (including, without limitation, any construction liens resulting therefrom) or for damage
to persons or property (subject to the limitation on practicability provided above) arising out of
CRA's investigation of the Property. CRA's obligations under this Section shall survive the
termination, expiration or Closing of this Agreement. However, CRA's indemnification
obligations shall not exceed the statutory limits as described 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 ofCRA's investigation of the Property, if such damage to persons or
property results from services rendered at SELLER'S request. The obligations of the parties
under this Section shall survive the termination, expiration or Closing of this Agreement.
7.1 Seller's Documents. CRA acknowledges that SELLER has delivered to
CRA the following documents: 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, ifany.
7.2 Title Review. During the Feasibility Period, CRA shall obtain, at the
CRA's expense, from the 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 shown in Exhibit B, 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
3
PURCHASE AGREEMENT
Page 4 of 16
CRA, in CRA's sole and absolute discretion, shall have the option of (i) extending the Cure
Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the
Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which
case, the Deposit shall be returned to CRA and the Parties shall have no further obligations or
liability hereunder, except for those expressly provided herein to survive termination of this
Agreement.
Prior to the Closing, CRA shall have the right to cause the Title Company to issue
an updated Title Commitment ("Title Update") covering the Property. If any Title Update
contains any conditions which did not appear in the Title Commitment, and such items render
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 III OOth of an acre. With the exception of matters shown in Exhibit B, 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 7.2 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:
4
PURCHASE AGREEMENT
Page 5 of 16
9.1. Deed. A Warranty Deed (the "Deed") conveying to CRA valid, good,
marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances
and other conditions of title other than the Permitted Exceptions.
9.2 Seller's Affidavits. SELLER shall furnish to CRA an owner's affidavit
attesting that, to the best of its knowledge, no individual or entity has any claim against the
Property under the applicable construction lien law; and that there are no parties in possession of
the Property other than SELLER. SELLER shall also furnish to CRA a non-foreign affidavit
with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced
above, the same shall be deemed an uncured title objection.
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.
5
PURCHASE AGREEMENT
Page 6 of 16
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.
10.4 Closing Procedure. CRA shall fund the Purchase Price subject to the
credits, offsets and prorations set forth herein. SELLER and CRA (as applicable) shall execute
and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i)
disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up"
Title Commitment to CRA, and promptly thereafter, record the Deed and other recordable
Closing Documents in the appropriate public records.
10.5 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain,
or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments
applicable to and encumbering the Property, except any liens accepted and included in Exhibit B.
11. REPRESENTATIONS. 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
6
PURCHASE AGREEMENT
Page 7 of 16
most closely approximates the amount necessary to compensate SELLER. CRA and SELLER
agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture
provISIOn.
12.2. Seller's Default. In the event that SELLER shall fail to fully and timely
perform any of its obligations or covenants hereunder or if any of SELLER'S representations are
untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement,
CRA may, at its option: (1) declare SELLER'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 Section 3 and
neither Party shall have any further rights hereunder or (2) seek specific performance of this
Agreement, without waiving any action for damages.
12.3. Notice of Default. Prior to declaring a default and exercising the remedies
described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party
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 '-"Titing and shall be
considered delivered when received by certified mail, return receipt requested, or personal
delivery to the following addresses:
If to Seller:
Boynton Associates, Ltd.
Attn: Mr. Larry Finkelstein
114 N. Federal Highway, Suite 202
Boynton Beach, Florida 33435
Tel: 561-736-9790
Fax: 561-423-2432
Email: lfgi@aol.com
With a copy to:
William E. Shannon, Esq.
4500 PGA Boulevard, Suite 304B
Palm Beach Gardens, Florida 33418
Tel: 56 I -622-452 I
Fax: 561-656-0917
Email: wshannon@owen-Iawfirm.com
7
PURCHASE AGREEMENT
Page 8 of 16
If to Purchaser:
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, Florida 33435
Tel: 561-737-3256
Fax: 561-737-3258
Email: BrightL@ci.boynton-beach.f1.us
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
Tel: 561-640-0820
Fax: 56 I -640-8202
Email: kspillias@llw-law.com
14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this
Agreement are hereby made binding on, and shall inure to the benefit of, the successors and
permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement
without the prior written consent of CRA, which shall not be unreasonably withheld. CRA shall
have the right to assign this Agreement to the City of Boynton Beach (the "City") without the
prior consent of SELLER and the CRA shall be released from any further obligations and
liabilities under this Agreement. The CRA may not assign this Agreement to any other party
without the prior written approval of SELLER, which shall not unreasonably withheld. If CRA
has been dissolved as an entity while this Agreement and/or the attached Lease Agreement are in
effect, the provisions of section 163.357(1), Florida Statutes, (as it may be amended from time to
time), shall apply.
15. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is
materially altered by an act of God or other natural force beyond the control of SELLER, CRA
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.
8
PURCHASE AGREEMENT
Page 9 of 16
17. 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,
petroleum, petroleum product or petroleum 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.
(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.
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.
9
PURCHASE AGREEMENT
PagelOofl6
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'S possession or control (other than the
documents described as having been received in Paragraph 7. I above) with respect to the physical
condition or operation of the Property, ifany.
17.3.2 Copies of all approved plans, 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 At Closing, 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
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, including, 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
10
PURCHASE AGREEMENT
Page II of 16
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. Time is of the essence. 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.
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 circumstances shall
be affected thereby, but instead shall be enforced to the maximum extent permitted by law, The
provisions of this Section shall apply to any amendment of this Agreement.
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.
I 1
PURCHASE AGREEMENT
Page 120fl6
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 not be recorded in the Public Records of
Palm Beach County, Florida.
18.1] 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.
18.13. Disclosure, SELLER'S General Partner's Manager, Larry Finkelstein
(the executor of this Agreement), discloses that he is a licensed Florida real estate broker, and that
he has a beneficial interest in SELLER.
18.14 Tax Free Exchange. SELLER, at its sole discretion, may elect to
exchange the Property (or a portion thereof) for other properties ("Exchange Property") of their
choosing in a three party transaction, provided that the end result is that PURCHASER acquires
fee title to the Property without incurring any additional expense or liability of any nature. If
Seller so elects, the designation of Exchange Property shall be made in writing by SELLER prior
to the Closing date. The contract to complete the exchange ("Exchange Contract"), or an
assignment thereof to PURCHASER, shall be presented to PURCHASER concurrently with the
designation of the Exchange Property. PURCHASER shall have no obligation or responsibility of
the Exchange Property or for determining that the contemplated transaction will qualify as a "like
kind exchange" under Section 1031 of the Internal Revenue Code as amended. PURCHASER
agrees to fully cooperate with SELLER in connection with the acquisition of the Exchange
Property and the consummation of the exchange.
{THE REMAINDER OF THIS PAGE INTENIONALL Y LEFT BLANK}
12
PURCHASE AGREEMENT
Page 13 of 16
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective
date.
BUYER:
SELLER:
BOYNTON BEACH
COMMUNITY REDEVELOPMENT
AGENCY
BOYNTON ASSOCIATES, LTD.,
by its GENERAL PARTNER,
AFFORDABLE HOUSING, LLC.
By:
Henderson Tillman, Chairperson
By:
Larry Finkelstein, Its Managing Member
Print Name:
Date:
Date:
Witnesses:
Witnesses:
Print Name
Print Name
Witnesses:
Witnesses:
Print Name
Print Name
Approved as to form and legal sufficiency:
CRA Attorney
13
PURCHASE AGREEMENT
Page 14 of 16
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Parcell:
A portion of Block C of the Plat of Boynton Hills, Boynton Beach, Palm Beach County, Florida,
according to the plat thereof as recorded in Plat Book 4, Page 51, of the Public Records of Palm
Beach County, Florida, described as follows:
Commence at the Northeast comer of Lot 147 of said Block C; thence South (assumed), along
the East line of said Lot 147, a distance of20.00 feet to the Point of Beginning; thence continue
South, along the East line of said Block C, 228.36 feet to the Southeast comer of Lot 134 of said
Block C; thence West, along the South line of said Lot 134, a distance of 100 feet to the East line
of Lots 135 and 136 of said Block C; thence South along said East line and the Southerly
prolongation thereof, 189.19 feet to the centerline of Grand Circle "N", being a curve concave
Southwesterly having a radius of 591.65 feet, (a line radial to said curve bears North 410 04' 57"
East); thence Northwesterly, along the arc of said curve 5.02 feet through a central angle of 00
29' 11" to the intersection with the Northerly prolongation of the East line of Lot 129 of said
Block C, (a line radial to said curve at the said point of intersection bears North 400 35' 46"
East); thence South along the said Northerly prolongation of the East line of Lot 129, a distance
of57.60 feet to the Southeast comer of said Lot 129; thence West along the South line of said
Lot 129 and the South line of Lot 128, a distance of 150.00 feet to the West line of said Lot 128;
thence North, along said West line, 15.00 feet to the South line of Lots 127 and 126 of said
Block C; thence West, along the said South line of Lots 127 and 126, a distance of 100.00 feet to
the West line of said Lot 126; thence North, along said West line, 45.00 feet to the South line of
Lots 124 and 123 of said Block C; thence West along said South line, 100.00 feet to the West
line of said Lot 123; thence North along said West line and the Northerly prolongation thereof,
193.23 feet to the intersection with the Westerly prolongation of the South line of Lot 141 of said
Block C; thence North 760 46' 35" East, along said Westerly prolongation, 157.99 feet to the
West line of said Lot 141; thence North, along said West line, 101.25 feet to the North line of
said Lot 141; thence North 830 17' 55" East, along the North line of said Lots 141 and 142 of
said Block C, a distance of 75.51 feet to a line 25 feet West of and parallel with the East line of
Lot 150 of said Block C; thence North, along said parallel line, 92.44 feet to the North line of
Lots 150, 149, 148 and 147 of said Block C; thence East along said North line, 205.00 feet to the
beginning of a curve concave Southwesterly having a radius of 20.00 feet and a central angle of
90000' 00"; thence Southeasterly, along the arc of said curve, 31.42 feet to the Point of
Beginning aforedescribed.
Parcel 2:
Lots 1 through 12, inclusive, Block 1, Palm Beach Country Club Estates, according to the Plat
thereof as recorded in Plat Book 11, Page 43, of the Public Records of Palm Beach County,
Florida; and the South 1/2 of the East 1/2 of Lot 2, of Subdivision of the West 1/2 of the
Southeast 1/4 of Section 21, Township 45 South, Range 43 East, according to the plat thereof, as
recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida, LESS the
South 125 feet, thereof and LESS the right of way for "Seacrest Boulevard" as shown on Road
Plat Book 5, Page 182, of the Public Records of Palm Beach County, Florida.
14
PURCHASE AGREEMENT
Page 15 of 16
Exhibit B
Permitted Exceptions
1. Taxes for the year of closing, and taxes or special assessments which are not shown as existing
liens by the public records.
2. Rights or claims of parties in possession not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, and any other matter which would be disclosed
by an accurate survey and inspection of the premises.
4. Easements or claims of easements not shown by the public records.
5. Any lien, or right to a lien, for services, labor, or material, furnished to the premises imposed by
law and not shown on the public records.
6. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the
lands insured hereunder, including submerged, filled, and artificially exposed lands, and lands accreted to
such lands.
7. Resolution No. 05-176 in favor of City of Boynton Beach recorded in Official Records Book
19662, Page 893, as assigned to Boynton Beach Community Redevelopment Agency in Official Records
Book 20768, Page 938, both of the Public Records of Palm Beach County, Florida. (Seller to assign
whatever rights, title, or interest it has in and to the agreement by the Boynton Beach Community
Redevelopment Agency to waive any lien described in this Resolution.)
8. Oil, Gas and Mineral Reservations in favor of the State of Florida, as set forth in Deed from the
Trustees of the Internal Improvement Fund of the State of Florida, recorded in Deed Book 709, Page 546,
of the Public Records of Palm Beach County, Florida, as affected by Quit-Claim Deed recorded in
Official Records Book 1953, Page 1601. The right of entry for mining and exploration in said
reservations has been released in Official Records Book 4081, Page 1974, of the Public Records of Palm
Beach County, Florida and by Section 270.11 F.S. Road Reservations have been released in Official
Records Book 20739, Page 486, ofthe Public Records of Palm Beach County, Florida.
9. Oil, Gas and Mineral Reservations in favor of the State of Florida, as set forth in Deed from the
Trustees of the Internal Improvement Fund of the State of Florida, recorded in Deed Book 751, Page 209,
of the Public Records of Palm Beach County, Florida. The right of entry for mining and exploration in
said reservations has been released in Official Records Book 4081, Page 1974, of the Public Records of
Palm Beach County, Florida and by Section 270.11 F.S. Road Reservations have been released in Official
Records Book 20739, Page 486, of the Public Records of Palm Beach County, Florida.
10. Oil, Gas and Mineral Reservations in favor of the State of Florida, as set forth in Deed from the
Trustees of the Internal Improvement Fund of the State of Florida, recorded in Deed Book 822, Page 121,
of the Public Records of Palm Beach County, Florida. The right of entry for mining and exploration in
15
PURCHASE AGREEMENT
Page 16 of l6
said reservations has been released in Official Records Book 4081, Page 1972, of the Public Records of
Palm Beach County, Florida and by Section 270.11 F.S. Road Reservations have been released in Official
Records Book 20739, Page 486, of the Public Records of Palm Beach County, Florida.
11. Easement to Florida Power and Light Company recorded in Official Records Book 1571, Page
429, of the Public Records of Palm Beach County, Florida.
12. Encroachment of NW 1st Street along the West Property line as shown on survey by O'Brien,
Suiter & O'Brien, Inc., Order No. 80-153db" 1 ", dated October 20, 2005, revised 9/2/05, revised 9/14/05,
revised 7/11/06, revised 10/17/06 and 11/13/06. (as to Parcell).
13. Chain link fence encroaches .4' along the East property line and 4.3' along the North property
line; Encroachment of concrete drive, rock drive, pavement and concrete walkways on the Western
portion of the property; Encroachment of pavement along the side of the property, as shown on survey by
O'Brien, Suiter & O'Brien, Inc., Order No. 80-153db"1 ", dated October 20,2005, revised 9/2/05, revised
9/14/05, revised 7/11/06, revised 10/17/06 and 11/13/06 . (as to Parcell).
14. Irregular wood fence encroaches .05' along the South property line as shown on survey prepared
by O'Brien, Suiter & O'Brien, Inc., Order No. 80-153db"A", dated October 20,2005, revised 12/01/05,
revised 1/05/06, revised 7/13/06, revised 7/19/06 and revised 10/17/06. (as to Parcel 2).
16
r,
11~~Y~T8~ eRA
ill East Side-West Side-Seaside Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: March 13,2007
AGENDA ITEM: x.A.
I Consent Agenda
Old Business I X
New Business
Public Hearing
Other
SUBJECT:
Historic Preservation
SUMMARY: Representatives of the Boynton Woman's Club approached the CRA in January to
discuss the possible sale of their property located at 1010 S. Federal Highway. The Boynton Woman's
Club has struggled over the last few years to maintain the building. The Club rents the building for
social functions to offset the maintenance costs but have been unable to keep up with rising expenses.
The Club approached the City three years ago to lease the building to the City for $6,000 per year for
community functions. The Club received no response from the City.
. The building was built in 1925 and was designed by Addison C. Mizner as a memorial to Major Nathan
S. Boynton, the found of Boynton Beach. The building is listed in the National Register of Historic
Places.
The CRA's appraisal of the property came in at $2,400,000. The Woman's Club is agreeable to selling
the building at a price significantly lower than the appraised value in order to preserve the building and
in exchange for being able to use the building for its monthly meetings and its annual fundraiser. Staff
will bring a Purchase Agreement back to the Board at a later date.
Staff feels strongly that the purchase of this building is imperative to preserve what little is left of Old
Boynton. Possible concepts for the property include a cultural center with concerts, plays, art, etc.
FISCAL IMPACT: None at the time.
RECOMMENDATIONS:
, , Direct staff and legal to draft a Purchase Agreement with the Boynton Woman's Club for the purchase of
1010 Federal Highwa~ n the amount to be determined.
VIvian L. Brooks
eRA Planning Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 03 13 CRA Board Meeting - March\Women's Club.doc
ROBERT B. BANTfNG, MAI, SRA, PRESIDENT
State-Certified General Real Estate Appraiser RZ4
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FRANK J. CARDO, MAl, VICE PRESIDENT
State-Certified General Real Estate Appraiser RZl ]90
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App raisers . Realtors >> >>>> >>>> >>>>>>>> >>>> >>>> >>>>>> >> >>>> >> >>>>>> >> >> >>>> >> >>>>>> >>>>>> >>>> >>>>>>>> "
521 SOUTH OLIVE AVENUE
WEST PALM BEACH, FLORIDA 33401
www.andersoncarr.com
Telephone (561) 833-1661
Pax (561) 833-0234
February 8, 2007
Ot!.aUo/ cBervice cBJfJce 1947
Vivian Brooks
Planning Director
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, Florida 33435
Dear Ms. Brooks:
At your request, we have appraised the Boynton Woman's Club located at 1010 South Federal
Highway in downtown Boynton Beach, Florida. The purpose of this appraisal is to estimate the
market value, fee simple estate, as of January 31, 2006. The intended use of this report is for
purchase considerations. The intended user of this report is the client, the Boynton Beach
Community Redevelopment Agency.
The subject consists of a two story historic building containing 12,621 square feet situated on a
20,125 square foot site located along the east side of Federal Highway and the west side if Isle
Road, between Southeast 10th Avenue and Castilla Lane, Boynton Beach, Florida.
The property is located within the Federal Highway Corridor, area four, of a redevelopment
area contained within the jurisdiction of the Boynton Beach Community Redevelopment
Agency.
The highest and best use of the subject is for continued use of the subject as a community
facility.
This appraisal assignment solely considers the Sales Comparison Approach in valuing the
subject property. The Income Approach has been omitted due to the fact that properties of
this type are generally not purchased for income producing characteristics. The property's
chronological age and historic relevance also have eliminated the Cost Approach as a reliable
indica tion of value.
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Vivian Brooks, Planning Director
Boynton Beach Community Redevelopment Agency
February 8, 2007
As a result of our analysis, we have developed an opinion that the market value
of the subject property (as defined in the report), subject to the definitions,
certifications, assumptions, limiting conditions, as set forth in the attached
report, as of January 31,2006, was:
TWO MILLION FOUR HUNDRED THOUSAND DOLLARS
($2,400,000)
The following presents a complete appraisal in a summary report. This letter
must remain attached to the report, which contains 56 pages, in order for the
value opinion set forth to be considered valid. Your attention is directed to the
Assumptions and Limiting Conditions, which follow.
Respectfully submitted,
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State-Certified General Real Estate Appraiser RZ4
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State-Registered Trainee Real Estate Appraiser RI16907
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East Side""West Side-Seaside Rena.,ssance
BOYNTON BEACH eRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF:
March 13, 2007
AGENDA ITEM: X..B.
I Consent Agenda I
Old Business I X I New Business
Public Hearing
Other
SUBJECT: Consideration ofIssuing an RFP for the Ocean Breeze site.
SUMMARY: The Ocean Breeze site (fonnerly Boynton Terrace) is pivotal to the redevelopment
ofthe Heart of Boynton. Given its highly visible location it is imperative that this site be developed to
the highest possible standards.
The attached RFP seeks developers that will be sensitive to pricing, design, community input, resident
displacement as well has having the necessary financial capacity to complete a project of this size. The
eRA can best control the desired outcomes for this project through the RFP process.
A five-member committee composed of eRA staff, City staff, and community members will review the
responses and create a short list that will present to the eRA Board at the June 12th meeting.
FISCAL IMPACT:
To be detennined.
RECOMMENDATIONS:
Approve issuing the Request for Proposals for the Ocean Breeze site.
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eRA Planning Director
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eRA Attorney
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The Boynton Beach Community Redevelopment Agency
Developer Qualification and Proposal Solicitation
Heart of Boynton -Ocean Breeze Site
City of Boynton Beach, Florida
Project Description
The Boynton Beach Community Redevelopment Agency (CRA) IS Issuing a request for
qualifications and proposals for the redevelopment of an eight acre vacant site located in the
Heart of Boynton community known as the "Ocean Breeze Site", The development of this
site is consistent with recommendations made within the CRA's Heart of Boynton
Community Redevelopment Plan. The Plan's goals are to leverage the publicly owned real
estate asset to support the redevelopment of the area . ncrease the residential opportunities
in the area, and to provide quality public e ents that improve the recreational,
economic, and cultural quality of life for resi The central location, proximity to the
coastal area, and significant public support sap lady attractive development
opportunity .
Community and Economic Settine:
The City of Boynton Beach, with a population of about 6 is the third largest city in
Palm Beach County, Flori t is located approximately 45 lIes north of Miami and 15
miles south of West P This puts it in the heart of southeast Florida's rapidly
growing tri-county M' ard/Palm Beach Metropolitan area.
h has direct access to the Intracoastal Waterway,
as a market of more than 6 million people
y access to ee international airports, two major rail lines,
uter rail system.
By virtue of its loca
Interstate 95 and the FI
within a two-hour radius a
as well as the Tri-Rail regiona
The Heart of Boynton is bounde the west by 1-95, Federal Highway to the east, the
Boynton Beach Canal (C-16) to the north and Boynton Beach Boulevard to the south.
Seacrest Boulevard runs north-south through the center of the community.
The Heart of Boynton Community Redevelopment Plan represents the second of the five-part
CRA plan update. The area consists of approximately 338 acres located immediately north
and west of the historic downtown core of the city. According to the 2000 census, the area
contained 3,193 people, 89 percent of whom were African-American with a median
household income of approximately $27,100.
Given the location, history and demographic makeup of the community, there is a natural
concern that redevelopment would mean "gentrification" and displacement of existing
residents. Therefore, responses to,the RFP should address this concern.
Site and Strateeic Plannine Considerations
All development proposals must include the following:
1) Enhanced streets capes to encourage pedestrian traffic and encourage additional
private investment.
2) A covered trolley stop at Seacrest Blvd.
3) A site plan that conforms to accepted urban design principles.
4) An affordable housing component, a minimum of twenty percent (20%) of the
proj ect.
Architectural and Desien Considerations
velopment standards that
Boynton Community
. c Design should be
lans will not be
The project should include quality architectural design
enhance the area and adjacent neighborhoods. T
Redevelopment Plan and the Heart of Boynton Master Plans & Sch.
relied on for design guidance. Proposals that do not adhere to th
considered.
Commitment to the Proiect
The purpose of the Boynton Beach.
redevelopment and civic improve
Redevelopment Plan enables the area to
a variety of activities associated with the
The Boynton Beach Community Develop
available for developments that meet the pro
nity Redevelopment Agency is to encourage
. designated area. The Community
. rement revenue that can be used for
Heart of Boynton community.
ect Incentive Programs may be
Documents Available For Review
e CRA's objectives, as well as the opportunities and constraints for
ollowing documents are available in electronic format and may be
tt ://www.bontonbeachcra.com
.
unity Redevelopment Plan
r Plans & Schematic Designs
.
Sealed developer qualifications and proposals will be received by the Boynton Beach
Community Redevelopment Agency at 915 S. Federal Highway, Boynton Beach, Florida
33435, on April 20, 2007 until 3:00 p.m. (E.S.T.). All of the following documents must be
submitted or the proposal will not be considered (original plus twelve (12) copies of all
documents and a disk containing the submission documents):
1. A written general statement of the qualifications ofthe proposing firm or entity,
including examples of experience with similar projects, as well as background
information on the principals. A copy of the most recent Federal Form 254 should be
provided, if available. If the selected development entity is a public corporation, it
may also be asked to provide copies of its annual report or SEC filings as appropriate.
2. A certificate of good standing from the Secretary of State in which the
corporation does business.
3. A list of team members and their professional qualifications along with a list of
projects on which they have actively participated.
4. A written list of projects developed by the entity including photographs, addresses,
date the project was completed and general project description.
5. A detailed description of the proposed project, with text and graphics. This should
include a schematic site layout plan, proposed density, parking locations, typical
floor plans and elevations. If the project is to be phased, please describe the phasing
plan and timing.
6. List of the number of units and types, including number of bedrooms, rental or for
sale units, etc. Please estimate the number of units and type of units that will
meet HUD's definition of "affordable". Such estimate not to be less than twenty
percent ofthe total project.
7. A preliminary estimate of the total project cost, including any required
infrastructure costs, along with the types and sources of financing including
public subsidy, if any.
8. Proposer must demonstrate extensive experience with obtaining project based
subsidies for affordable housing by listing projects and the amount and type of
subsidy utilized.
9. A signed written statement outlining the role a local non-profit Community
Development Corporation would play in the proposed development project.
10. A signed written statement committing to using local residents in the development
of the project.
11. A signed written statement to purchase the property indicating the proposed purchase
price along with a statement of willingness to execute a Purchase and Development
Agreement within one hundred eighty (180) days of selection if selected as the
qualified proposer. Any Purchase and Development Agreement ("Agreement") will
contain performance criteria, agreements for time limitations for having funding in
place and construction to commence, limitations on transferability or assignability of
the Agreement without prior approval from the CRA, termination provisions for
failure to meet the criteria listed and other provisions to adequately define the rights,
duties and .obligations of the parties.
2
12. A signed written statement indicating what percentage of the total units will be
subject to a community land trust to be selected by CRA.
13. A preliminary commitment letter from a credible lending institution to fund the
purchase of the property.
14. Proof of financial capability to complete a project of this scope. Financial
information should be submitted in a separate, sealed envelope or package and
marked 'confidential' . Financial information will be accepted onlv from the
proposing entity.
15. A letter attesting that the respondent has read and understands all procedures of this
RFP.
16. A promotional PowerPoint presentation, consisting of 10 to 15 slides.
OfferiDl!
The Boynton Beach Community Redevelopment Agency is offering for sale an approximate
eight acre vacant area (See Attached Site Map), located along Seacrest A venue. This site has
been selected for its high visibility and the opportunity to kick start the redevelopment of the
community.
It is expected that the new development will compliment (not replicate) the existing physical
character of the community. Accordingly, building heights should not exceed 35 feet and
the style; color and building materials should reflect the sub-tropical characteristics of south
Florida and the Caribbean (Floribbean).
It is further expected that the development proposals will be consistent with the Heart of
Boynton Community Redevelopment Plan, include additional amenities, as well as enhance
or improve existing community assets. Overriding goals include quality design through the
use of urban design principles, the use of alternative energy sources, encouragement of
various modes of transportation and the provision of affordable housing
Respondents are encouraged to exercise creativity in defining a concept that satisfies the
vision of the redevelopment plan, applicable zoning or entitlements, and sound real estate
development practices. Additionally, the proposal shall include the enhancement of public
spaces as indicated in the Heart of Boynton Redevelopment Plan and the Heart of Boynton
Master Plans and Schematic Design.
ZOniDl!
I,
The current land use designation is High Density Residential and the zoning classification is
Multi-Family (10.8 du/ac). Proposer may request that the property may be rezoned to Special
High Density and Infill Planned Unit Development (20 du/ac). The Boynton Beach
3
Community Redevelopment Agency will be cooperative partners in pursuing any permits or
approvals that may be required to expedite the selected development plan.
Process
A five-member committee composed of Community Redevelopment Agency staff, City staff,
as well as selected members of the Heart of Boynton Community will conduct the initial
evaluation based upon the following criteria:
1. Experience with development in markets similar to the project area.
2, Ability to proceed immediately from a financial and organizational
perspective.
3. Adherence to the adopted Heart of Boynton Community Redevelopment
Plan
4. Experience in obtaining project-based Florida housing subsidy funds.
5. Project design, amenities and public benefits.
6. Experience with working with local non-profits.
7. Commitment to use local residents in the construction of the project.
8. The percentage of units to be dedicated to the community land trust.
I,
The three highest ranking proposers will present their PowerPoint slide presentation before
the Board of the Community Redevelopment Agency at their regularly scheduled meeting in
June.
At the conclusion of the public presentations, a developer will be selected and the
Community Redevelopment Agency. The Community Redevelopment Agency and the
successful proposer will then negotiate a Purchase and Development Agreement for the land.
Should a Purchase and Development Agreement satisfactory to both parties not be able to be
agreed upon within one hundred eighty (180) days of the selection of the successful proposer,
either party shall have the right to terminate the negotiations. Upon termination, the
Community Redevelopment Agency shall have the right to resubmit the project for requests
for proposals with no further obligation to the successful proposer.
It is expected that there will be no communication with parties other than those specifically
noted herein and such communication will be exclusively for clarification regarding
procedures and objectives. The Boynton Beach Community Redevelopment Agency
prohibits communication to or with any department, bureau or employee during the
submission process. Communication with any parties for any purposes other than those
expressly described herein may cause an individual or firm to be disqualified immediately
from participating in the development solicitation. All questions or inquiries should be
directed to brightli@ci.boynton-beach.fl.us.
It will be necessary for responding parties to comply fully with the general terms and
conditions outlined in this document if they are to be considered.
4
Anticipated Schedule and SeQuence of Events
The Boynton Beach Community Redevelopment Agency has established a schedule for
submitting qualifications and proposals and for completing selection of the preferred
Development Team. Respondents shall assume full responsibility for the timely delivery of
the qualifications. Qualifications received after the deadline stated will not be considered.
The Boynton Beach Community Redevelopment Agency however, reserves the right to
amend milestone dates.
Initial submission of qualifications and proposals due by: April 20, 2007 at 3:00 p.m.
Pre-proposal meeting: March 21,2007 at 9:00 a.m. at the CRA offices
Announced short list of qualified Development Teams: no later than May 11, 2007
Comprehensive responses due from short listed firms by: June 1, 2006 at 3 :00 pm
Presentation to CRA Board by short listed teams: June 12,2007
Initial negotiations with preferred Development Team by: July 30, 2007
Contacts
All correspondence and requests for information regarding the Heart of Boynton community,
in general, and this project in particular, should be directed to:
Lisa Bright
Executive Director
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, Florida 33435
Phone: (561) 737-3256
Fax: (561) 737-3258
, ,
5
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 violations of such programs.
(2) We inform employees about the dangers of drug abuse in the workplace, the company's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon employees
for drug abuse violations.
(3) We give each employee engaged in providing the commodities or contractual services
included in this RFP a copy of the statement specified in Subsection (1).
(4) In the statement specified in Subsection (1), we notify the employee that, as a condition
of working in the commodities or contractual services covered under this RFP, they will
abide by the terms of the statement; and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law
of the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
(5) We impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, by any
employee who is convicted.
(6) We make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
Authorized Signature:
Date
Name & Title (typed)
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ill East Side-West S.,de-Seaside Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF:
March 13, 2007
AGENDA ITEM: X. B.
I I Consent Agenda I
Old Business I X I
New Business
Public Hearing
Other
SUBJECT:
Consideration of Sponsoring the Avenue of the Arts
SUMMARY:
CRA staffhas been working with Debby Coles-Dobay, the Public Art Coordinator for the City to come
up with a plan to display public art to create an "Avenue of the Arts" on Ocean Avenue. By using
publicly owned sites and some privately owned ones, staff has identified potentially 10 sites for public
art along Ocean Avenue. The art will be on loan to the City. New art will be installed on an annual
basis.
10 Public Art Locations
Structural engineering ($ 350.00 per spot)
Pad construction 8' x 4' x 12" thick (includes 2 flood lights)
$3,750.00 each
$ 1,050
$ 37,500
Stipend to each artist for shipping and installation
@ $1,000.00 each
$10,000
plaques $100.00 each
$ 1,000
$ 1,000
$ 7,650
$ 58,200
Insurance for art
Contingency costs 15%
TOTAL
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 03 13 CRA Board Meeting - March\Avenue of the Arts.doc
Jl~~~Y~T8~eRA
ill East Side-West Side-Seaside Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
Staff believes that this project will bring new energy to Ocean Avenue by encouraging people to walk
from the Intracoastal to Seacrest and therefore supports funding the cost of the bases for the art.
FISCAL IMPACT:
A one time cost of $40,000 from general revenue.
RECOMMENDATIONS:
Approve funding $40,000 to the City for the cost of the bases for the Avenue of the Arts project from
account 58300-200.
( ~d~j
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 03 13 CRA Board Meeting - March\Avenue of the Arts.doc
Art in Public Places
presents
"Avenue of the Arts"
May 2007
Revitalizing our community!
The City of Boynton Beach Art in Public Places "Avenue of the Arts" program is dedicated to
attract visitors to Boynton Beach to invigorate the revitalization of downtown Boynton Beach. The
"Avenue of the Arts" is a year long outdoor public art sculpture exhibit beginning May 2007.
The "Avenue of the Arts" consists of Public Artwork that is strategically placed to encourage
visitors to travel the Avenue to view each sculpture. As they travel the streets in downtown
Boynton they will be exposed to the many projects that are being developed. This exposure to
Boynton's revitalization will stimulate economic development, attract visitors and improve quality
of life. The "Avenue of the Arts" will showcase Boynton Beach as a destination to relocate their
residence and businesses!
Sponsorship Opportunity
The "Avenue of the Arts" is offering sponsorship opportunities for individuals, businesses,
development projects and corporations. By sponsoring cultural events you will demonstrate your
commitment to making Boynton Beach a premier place to live, work and playl
Did you know?
· The arts produces over 5 million American jobs annually.
· Public Art creates a positive image and identity.
· Creates a sense of civic pride.
· Attracts visitors.
. Increases quality of life
· Is a key component to revitalization and development.
"Avenue of the Arts" building a F~ture
"Avenue of the Arts" program serves as the catalyst for policies, programs, and projects that
encourage economic and cultural development on the "Avenue of the Arts" and the promotion of
the Avenue through marketing, beautification projects such as streetscape maintenance, and
careful planning and research for sustainable growth.
"Avenue of the Arts" current Amenities
City Hall
The planned "Avenue of the Arts" route begins at the Boynton Beach City Hall on the corner of
Boynton Beach Blvd. & Sea Crest Blvd. This is the welcoming area for visitors to downtown
Boynton Beach. The City's marquee promotes events and notices. A prominent sculpture will
attract visitors attention to the marquee. The "Avenue" continues south to Ocean Ave. and heads
East towards Federal Hwy. Along this route are many of the City's celebrated facilities.
The Library
The Library's expansion is underway. By fall 2007 it's 62,864 square foot space will be welcome
visitors to the new state-of-the-art facility.
Civic Center
Next to the Library is the City's Civic Center. It is a 60's styled building that hosts many of the
City's activities and programs. Many visitors come to enjoy big band concerts, dance, jazzercize,
Tai Chi and even needle point and language classes.
Art Center
Behind the Civic Center is the Art Center. The Art Center offers after school art classes and Art
Camp for children of all ages.
Old High School
On the north side of Ocean Avenue is the Old High School. This 1927 historical building is planned
for renovation and use as a cultural center with an educational component.
Schoolhouse Children's Museum
Next door is Boynton's prestigious Schoolhouse Children's Museum. It is another historical
renovated 1913 building. The museum was awarded South Florida Parenting Magazine's Best
Children's Museum 4 years in a rowl The museum's programs educate children, their parents and
grand parents about the history of Boynton Beach and South Florida. The Museum receives over
35,000 visitors annually.
Community Redeveloping Agency
Ocean Avenue is the location where the CRA hosts concert events throughout the year. Popular
artists that have performed in Boynton are Copland Davis, Nestor Torres, Crystal Gale, Gatlin
I3rothers and Cool and the Gang along with local talent. These events are complimented with local
vendor booths. In year one, these con~rts drew over 10,000 visitors to downtown Boynton.
Existing Business, Development and Redevelopment
Further down Ocean Avenue where it meets Federal Hwy.
visitors will discover unique shops, businesses and
restaurants. This is the location of the the City's Holiday
,Jarade celebration. Ocean Plaza is a quaint seaside
plaza that hosts many events throughout the year. Visitors
will see the future home of many prestigious mixed use
developments that are building in downtown Boynton
Beach. When you reach the Intracoastal Waterway there
is the newly completed Marina Village and the City's
prime waterfront area. The marina area offers many
things for visitors to do from fishing, diving and boating
trips to dining and dancing along the waterfront.
Streetscapes, Promenades and Waterway Access
The Boynton Beach Extension streetscape linking the Promenade to the Marina Area received the
Florida Redevelopment Association 2006 Capitol Projects Beautification Award. This streetscape
also offers the quite retreat of Pete's Pond and a stroll along the Intracoastal through the
mangrove nature preserve.
Celebrating our Community.
"Avenue of the Arts" celebrates and generates awareness of the City's amenities and cultural
offerings by featuring Public Artwork along the avenues in downtown Boynton Beach. The
"Avenue of the Arts" will continue to keep this yearlong outdoor artwork fresh by inviting notable
local and national artists each year. The public can purchase the artwork with proceeds going to
fund the programs future exhibits. The "Avenue of the Arts" will kick off of the yearlong artwork
lisplay with an event that connects the artists with the public. Visitors can learn about the
artwork, how and why it was created by interacting with the artists. Area business will benefit from
kick off event and the attraction of the "Avenue of the Arts" throughout the year.
FOR MORE INFORMATION ON SPONSORSHIPS, SUPPORT
AND INFORMATION CONTACT
Debby Coles-Dobay, Public Art Administrator
City of Boynton Beach
100 E. Boynton Beach Blvd., Boynton Beach, Florida 33435
(561) 742 6026 phone (561) 742 6089 fax
colesdobayd@ci.boynton-beach.fl.us
www.boyntonbeacharts.com
, ,
AVENUE OF THE ART 2007
Featured Artists
Penny and Cobert Collins
This husband and wife are both Internationally renown sculptors with
artwork shown in designer showrooms, galleries, museums, private
homes, institutions and corporations. They exhibited in the prestigious
2006 Palm Beach International Biennial Sculpture competition in South
Florida.
Claudia Jane Klein
Claudia a well known sculptress started in the New York Fashion industry. She
continued on to study metal fabrication and welding in NY and Florida. She
has accomplished many private, corporate and public commissions. Her focus
is on a abstract figurative series and has just completed a large organic
fountain commission. She was also exhibited in the 2006 Palm Beach
International Biennial Sculpture competition in South Florida.
Tom Brewitz
Tom Brewitz, artist, sculptor, writer and
designer has an extensive career that
spans 25 years. He is known for his
kinetic sculpture with brushed stainless
planes that move gracefully, reflecting the
surrounding environment that draws the
viewers to it. His artwork provides
entertainment that is a changing
drama of color, shape and
whimsy.
Steve Dileonardo
Steve is a local artist who has impeccable talent for steel
structure and finish work. He has created commission work
for several corporate clients and is building his portfolio in
Public Artwork.
Genevieve Steel
Genevieve creates art ideas that transform lives. She is an
accomplished designer and artist who as formal training in
fabrication and installation of steel artwork. Her work
ranges from large scale mixed media to welding of massive
sculptures.
Douwe Blumberg
Douwe began his career as a professional horse trainer in
California. When he started sculpting part time he began
to accept commissions and was forced to make a choice
between the two careers. Douwe has completed over 200
private commissions, including pieces for The Budweiser
corporation, actor William Shatner, Elisabeth Goth, Misdee
Wrigley and the ambassador of Bahrian. Douwe has many
commissions place in public institutions worldwide. He
exhibited in the prestigious 2006 Palm Beach International
Biennial Sculpture competition in South Florida.
Frank Varga
Frank has been sculpting his entire life. A talent he inherited from his father and past to his son,
Frank has studied globally from Florence, Italy to Honolulu. He has commission work worldwide
with sculptures ranging in size and materials such as wood, metal and stone. Frank is know for
his monumental artwork such as the piece titled "Immigrants" that faces the US on the coast of
Germany. He had his portrait of John F. Kennedy in the White House and a bronze portrait bust of
Pope John in the Vatican.
, .
Beth Ravitz
Beth is a well know public artist with her
base in South Florida. She has created
Eternal Flame memorials, the Multi
Cultural Garden, Southgate Linear Park
Sculptural Fence, a functional courtyard
structure for the North Broward County
Homeless Center and sculptures for the
everglades park. Her forte is working with
the community to produce public artwork
that is a collaboration with the project and
contributed by the community.
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. East Side-West Side-Seas'lde Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF:
AGENDA ITEM:
I Consent Agenda
SUBJECT:
March 13, 2007
Old Business I X
New Business
Public Hearing
Other
Request by Lasendra Hoggins for Homebuyers Assistance Program Funds up to
an amount of $47,000.
SUMMARY: Ms. Hoggins is purchasing a new home from the Boynton Beach Faith Based CDC.
The home is located at 508 NW 12th Avenue. The home is appraised at $225,000. CRA funds comprise
21 % of the appraised value of the home.
Purchase Price:
Closing Costs:
Total:
Down Payment:
Mortgage:
Gap:
FISCAL IMPACT:
$157,926
$ 8.000
$165,926
$ 4,738
$115.000
$ 46,188
$47,000 from Bond #2 proceeds.
RECOMMENDA TIONS:
Approve Lasendra Hoggins request for Homebuyers Assistance Program funds in an amount up to
$47,000.
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CRA Planning Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 03 13 CRA Board Meeting - March\HAP Hoggins.doc
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"'"~- ,,~."<" .."" "~"AA", co'" "","-... -,. ..,,., "",""""."" ~."'" , ,,,['>::>r;, .. 3k"c">
TIME F.'OF: ACCEPTANC OF OFfEI1; EffECTIVE DATE;. I. ACS/MII_E; IIlhl. olfe, 15 nol .xeGUlad by 5nd dellverea 10 all paille, OR FACT OF EXEC.UTlON cO"'mUll/caLaa In Wlillng
Iween Ih.'panlos on pr bel ra '---------.-----,,--__, Ih" "app,'iI(5) will, al BlIyar's OpIlOIl, be r.'llmed and 1/115 oller Wilhdrawn For purposes 01 deMoIY or,nOllce 01
,clllion, PMlie' includ. BlIY r anel Sell., or eech ollhe respacl'o brol,a" or eJ/orney., The dala 01 Conll8ell"Ellaclive DSI5') wlli b. Ih. elalo whan Ihe lasl nne 01 Iho 1UYB./" flnd Sofie!
' olgnad 'iii. <,liar, A laeSiml a copy ollhl, Conllecl and allY sill '.'lIras h.raon shail be conslderod lor all purposa. as an orlg'n.',
;:INANc.~INO: I
1lJol) 1111. Is a cosl1lrel1 aellon wl'h no Comlnyencies Inr 1111 IlOlng; ,., , . _ .
W(b) Tl1i. Conlraells eor dit/ened ell BUyor oblalnlno 0 wrili n o~n eO(lllnllmenl wllhln (Q.~) d^ys allar Elloollvo Dale lor (CHEC/( ONLY ONE): Q,u'n.Od; 0 an adlU5121l/r,; or 0 <l
..,. ..",", ." '" " "-' .-." ',l]i ~"-""'n' ..., "" ,,_, ." ". '" "."_ %. ~_, .~ _"." ~ '"., """ '_, '" "'
principal a",ounl, and lor 10m, 01 -'--.. yoars, Buyar wTli III ih OPllllealiO'':'Jllhirr __ d^ys (5 days" loll blank) alior Ellacllve Dale a",J usa ,aasonable dillganca 0 o'laln a loan
':ommllriI131~ and, theraa'l ,r, 10 SBIJS.fy lenll. sand COncllll.O ns OfllB cormnrlm8nl and closs 11\.8 loan, Buyer sflall pay all loan expenses. !'8uyer taUs lo Obl.B In. s. C ol1lmllmenl or 'ails 10 waive
fJuyef's rll1ti:S under IhIS~'bP'lagraPh wi'hln Iha 11m" 10' obi Ining a e"/1Jmllmanl or, allar dlliganl allorl, lalls 10 maellha I.llns and ennuillons oll/,a commllmenl by 1'0 dosing dalo,
Ihel1 elll1e, r~'ly Il1eraalla by wrlllon nollco 10 Il1a olhar, may cilncol 1I,is. Conlracl and BUl'ar shall bo rolunded 'ha depo.II(o): Or t
o ,., n. '''''' "'''' ... -"". ""'''' ,,,., .~. ,," U . ._ ""." ,,";W O. ..., _... ",. 0'_,," ." ."'~ " ..", ,..,,~ ~,,_. ....
",," ..~ ". ,",", . ....., , "..- .. '"'" . '"" ~, ._'" '-- '" "" ...", ",", .... ,~.. . '"-., "- ..., -..' .."" ., . '..'~....
molhod 01 ,o")'mom, Inlor sl rola and s'",us 01 mongageor 0/lhorl20 BUyer or Closing Aganllo oblalll Ihe SOma, Ii Buyer has "greed 10 assuma a rr10rlgaga which ro ulr.s approval
01 BlIyar b', Iho ",orlgaga lor nssumpllon, Ihen Duyar shall p O"'plly oblaln IIIIl necasSBlY appllcnlloll On,l di/lgalllly conlplela and ralum II 10 Iho morfgegea_ Any morlirJee charge(s),
101 10 e~C9f-cJ $ -- --..-- (1 % of flmOU1l1 ~$"OrnOd 1.1 lell hlllnic), shall bo paid bl' Buyor, II Buyer Is nl1l oecaplad hy mo~goQea or lIle ,oqu/,e"'en', lor "sumplion
He nol in l.'JCC.O rdance will '.ha lerl1ls ollhl, Conlfifo' or rno'lragoo "'a'~s a charua in excess O. 1 II,. Sfalad .",ollnl, Soliar or Buyar rnay r.sfllM Ihls Cor"ra,,' by wrlll n ""lIca 10 Ill.
,IIlar pll~y unless .llh.r .acls 10 p'y Ihe Incraa,o 'n IIIlarasl 1010 or O>,"OSS /lIorluaga Charge,.
TrLE fiVIDENCE: Aller.! I ~ {Jays belore closing dale, (t\'HECI( O'/LY ONE); 0 So liar shali, al Saller's axl,enso, ciellvar 10 Buyer or aUyer's allO/l1ay; Or CJ BOyar haJ al Buyer's
Ise obl41lo ('CHECK. 0 NL~ ONE).' CJ abslracl o/lilia; or IiJ11I · Insu,ol1e. Cotumllmanl (wllh laglbla COp.,. as 01 Inslrumenls IIsled RS a,coplion. ellacharl Iherolo) an,I, liar Closing, 0,'.
'5 polloy crf .lilla losuranc . I
LOr- '"'ATE: ThIS IrF.lI~SaCIlDn shall bA dosed and lho Clor:II"9 documenls de live rod on _________. _______.____ ____.___, unless ",orJlllad by oli,a, provisions J, Ihls Conlrael
~I NS; EASEM NTS; LIMITATIONS; allyer '!rall alra lill. ,ubJaollo: comprohanslva lalld usa plans, 'onlllg, rOSlricliolls, P'ohlbllions and oli,er raq"/reme/'IS Illposetl by
ml:. . .lorlty; reSlrlelO. liS 8/1d mAilers appearIng on Iha ,.1,,11 or Olhe'WiSfI. common 10 IlIe slIbd/'/i:slnlli OlllS/fltldlng 0 II, IJ-3:S lInd IlIljl€traf /.1 U"ls of record wilhouI right or f..01rl, r :hll~.:
a.s elllenl3 oj reeor tj (eajsemenlS are '0 be loealed COflliblUO. II. IQ realj:ropo!l y lines and /lol mora lhan to r~elll1 wldlh as 10 Ihe reAr Of 'rOlllllnes Bnd 7 1/2 fElEt! In widll as lnlhe sJ(Ie
".., ",...", ..... '-"'J, ."'. ~ ,."....... "" .~~.,,' ~., ,..,_" _..'" '" ~,.. ""'0 .,,'~. " '.. ...,,,,, ,_., ,....,.",
d, Ihal lhera axlsl,., cl sing no vlolOllon ollho roregolllg aJ d nono ",evon' 1150 ollha Propo,'y lor -_______.____.___________ _ pllrposolul
,d"".." ""'" ", ..~'.... ~ ,. '"""'"''' '..~.... .~, '"".. " " ,,~"'" ,,"'.. ,~ ..,," " ."'",,"" ',"","" ~... ~ """' ",,' ,.,oo,
l.nal1l(sj Or oeeupanls hail ba disclosed pllr~IIanllo Slall, lard F, S.II.r silail deilva, UCCllponcy 01 P'OPOilY 10 Buyor al ilmA 01 Ciosing unlass oil'elWlSe "alad harel "OCcuponcy
deliver.dbelora closin ,BlIyar assume, 011 rislrs all"., II :propany' Iroln dale 01 oc"o/lancy, shail b. responsible ol1d iI.bla lor malnlan.ne. 'romlhal dOla, an<l sl ail be <la6lnr-,1
aeeeplad Properly In iI axlSllng condlllon as 01 ""'e "' loii n9 OCr.1I1,.,ncy lInloss olhe,wlso SI.'o,1 her.'n
'EWRlnEN OR'I1AN WRITTEN PROVISIONS: TYllewrl Ion 0' han,lwrlllen provision" rid"" "nd "'denr/. sllail cllnlrol nil I',inlo<l prllvlsinllS 01 Ihls Cnnlrael in en lIIel w'lhl',oln.
ERS, (CHEC/( I~osa rrlor. which aro appllcahi. ^ND ara "II,ohad 10 lliio ()Olllrocl):
I:] reOLtPI1EHENSIV RIDER C1 HOMEOWNERS' ASSN, I,] CO^(;TAl CONSTRUCTIOIJ C NTROl UNt'
o CO'WDMINiuM 0 "AS IS" . 0 ",SULATiON
o VAlFHA ./ 0 LEi\n-B^SED PAINT 0
IGNABILfTY: {(t},& ONLY ONE): Buyer IJ may ilSSh1' andlhacoby I", reloasorJ Imm any IIi"her ilnbillly I1M.r Ihls ConlraCI; O-;;,;:;s~ ba rala" d lrom ilabilily
I. CnnlJ,;H;I; or (ij-fnay lOt assIgn Ihls ConJracl
'LOSUAES, - J
adnn/:; ft nalurally cee rung radioa911v8 gas "I,BI When aeCll' , IIlarO(I/n. a ""ilding In suRi,,/enl quanliilos moy prasonl haallh dslrs 10 person, who ala '''posed 10 i/ OVer lime. Levels 01 ,"dOll
.'." x C>:IecJ federal and lare guIde Ii.' I." S h~\lo ". ~ en. IOU..' 111. 'fl- .~J.! !lrJlngs In Florida, Ac1ditlonnlln1o/1l1olion Tegardffl.9 Aadon Of Radon lesllng In. By' be ob rained IroM YOllr COUllty PllJlic Haall!l11nll
JYEI! al;knowfeclg65 I Gr:rIPf o/ltla ,Florida Blli/dlnp EnorQ fflficloner Rall~g Syslom Brochure, I
'he reral propa~y Illcl des pra-InS rOSidan.'nf hPlIsing II an a laAc,-b.oo/1 /lalnl rldar Is mandalory, J
'ellorl> a "Ioralgn p so,," as dOnnod by Iho Foralgllln" slmalll i.l1aatPrepa"y To. ACI, Iha /la'~.s sl1all c.orrrply will, Ih"I Aol
lllyar IVlli ba ol>lIgal~ 10 be a "i~mb~, 01 ~ homeowner' aSSoelalioll, flIJYEI1 SHOIJLD NOT EXECUTE TlfIS CONTfJAGT UNTIL BIIYEIl HAS I1EC~IVED A D PEAD HIE
>II!EOIVNEAS' ASS CIATlON PISCLOSlIAE. I'
vWM REPAIR ICOS~: Sellar shall nor bEl ~esPOflS/bJe I r paymenf.s jn exoess or; .J;
-.-------------. ----- (or IreRlmet'lalld rapalr}II'dar Slonda'dl) (II blanlc, Ihan 2% ollhe Puroh.s. Prica),
---------,-- -- ---.-. lorropalr and rep/acom~nl ullder Slend.n] N (II blolll[, II10n 3% 01 Ihe Purel,"'a Price) I
A'L CLAUSE~; AI) ~IID^; if ~tldlll~n.ll~rms are Ie lit PlOvlded, .!loql, addelldlllTl and CfIECI( HEI1E Q .
'ARO'~. F on ~fAL EST.A Tf: n1ANSACTfONS: S.lflllcl;" rlls A. Ihrooyh W olllha roverso sido 01 "'Iachod ore Incrrrpnrntad .5 a p." olll,is CnnlrAcI. t
nllS IS INT~NDE TO BE A I.EGALlY:BI/'IDINO c, InAACl.lF N(H fULLY UNDERSTOOD, SEEI( THE ADVICE OF AN JoTTOI1NEY PRlOI1 1'0 SIGNIN ,
Tl-IIS F<ilI1M.HAS ,BEEN APPR,: VED B'{ TilE FLOI1IDAASSOCIATlON OF REALTORS ANO mE FLORIDA BAR,
'oos 1101 const/llIlo 11 opln/on 1(181 en)' ol:,ho ferms e",'., concflflons if1I/.~ Is Con'mcl sllOf//fI b. aoeaplad by Iho P8illes il/ 8 pal1!cUlBr Irnflsaclloll, Terms anrl conaltlonJ shOUld
bo "'gOlial'd"I~'.d 1(0011 II.. . respeeli.,. IlIIoiBSls, objo,I/il'.s "lid {IRrgs/fling posi/lon. 01 ail ';IIe'.$led parsons,
-:::L____ :=5~~~~~l1iG::T_'9"" B ~?,,/)~)1~;1;~~"0 T~~(~;,~:~~E~T.O. RS. _..__.- _... ~. r.?rl~(~-
,-. ill. gOler) IDole)
C"l\- ',J- - q V~f1
IcrTaxltlll -r--" . ,,0, u'l ~""'~'''"''o." --- ---------,,--- I
- - - ----~-------- /-nSfiiOj -(seiiO;r----------________~j---.-
"rl_. I.D H - -- --- - ------- --"--1--- Soclol Sacl/rlly orTox 1.0,/1 __________.___________ .
'. (0' lacelved: if OtHER 1/1AN CASH'l'/-IEN StAJ,JEGT TO CLEAFlMICE_ --- -___________________________ I Scrow Aganll
E;r ,ers lflmed bela w, Incll/dlng liMing IIncl c; ""aral/'f! I1rolcers, BfO 1110 only "rokBrs on/illecl 10 compansallof! In con"aOl/on Wl/Illlils Oon"ocl: I
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SUMMARY APPRAISAL OF A PROPOSED SINGLE FAMILY RESIDENCE
LOCATED AT:
XXKKK NW 12TH Avenue
CHERRY HILLS, BOYNTON LOTS 392 & 393
Boynton Beach, Florida 33435
FOR:
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Boynton Beach Faith Based CDC.
P.O.BOK 337
Boynton Beach, Florida 33425
Attention: Gerone Powell
AS Of:
May 4, 2006
BY:
Anderson & Carr, Inc.
521 South Olive Avenue
West Palm Beach, FL 33401
Office (561) 833-1661
FAX (561) 833-0234
Anderson & Carr, Inc,
Form GA2 - "TOTAL for Windows" appraisal software by a la mode, inc - j.800-ALAMODf
Anderson & Car r, Inc FileNo, 250317 Pane #2
, UNIFORM REiSIDENTIAl APPRAISAL RE~()RT Flle~p, 261 317
P 0 'ertv Oescrlntlon 261 317 i i
I
Prooertv Address "xxxx NW 12TH Avenue Citv Boynton Beach State FL lin Cod 33ii135 .
Leoal Descriotion CHERRY HILLS BOYNTON LOTS 392 & 393 Counlv Palmi Beach
Assessor's Parcel No. 08-43-45-21-14-000-3920 Tax Vear 2005 R,E. Taxes $ 360.00 S~ecial Asses mentd N/A
Borrower Boynton Beach Faith Based .CDC Current Owner Boynton Beach Faith Based CDC Oc"unant r l Owner! rl Th ant .1X1 Vacant
Pronertv rlnhts annraised IXI Fee Simnle I Leasehol~ ProiectTvDe l PUD I I Condominium IHUDNA onlv1! HON9 N//Ir.: /Mo!
'eiahborhood or Prolect Name Cherry Hills Mao Reference 99 Census Tract 061..00
,ale Price $ N/A Date of Sale N/A DelliiJ!!ipn and $ amount of loan charoes/concessions tOMJ1aid bv seller None
Lender/Client Bovnton Beach Faith Based CDC. Address P.O.Box 337 Bovnton Beach. ",orlda 33425
Aooraiser Jonathan P. Franke Address Anderson & Carr Inc. 521 S 01 lre Ave West Palm Bch. FL 311401
Location W Urban ~ Suburban W Rural Predominant SlnCl'e family housing Present land use % ' Ldnd use change
Built up r8J Over 75% D 25-75% D Under 25% occupancy r~~O) ~~;, One family ~ r8J ~ot liilely D Likely
Growth rate D Rapid r8J Stabie o Slow r8J Owner ~ low ~ 2-4 family ~ 0 'I process
Property values D Increasing r8J Stable o Declining D Tenant 345 Hinh 44,. . Mutti-family _ T 0: ~
Demand/supply D S~0~1age r8J In balance 0 Over supply r8J Vacant (0-5%)'" ] Predominant r I~:.J Commercial 5
Marketino time Fi Under 3 mas. fXj 3-6 mos. Fi Over 6 mos, n Vac.lovel 5%1 228 30 Vacant 5
Nole: Race and Ihe racial composition of Ihe neighborhood are nol appraisallaclo.s.
Neighborhood boundaries and characteristics. The SUbject is located south of Gateway Boulevard. east of 195. north of Bo ton Beach
- Boulevard, and west of U.S. 1.
Factors that affect the marketability of the properties in the neighborhood (proximfty to employment and amenfties, emplolrment stability, appeal to market. et ,):
. The'sublect neiGhborhood Is in close oroximitv to transDortatlon schools. churches shODDlnG. emDlovment cent rs and
entertainment. Most of the homes In the sublect nelDhborhood were built from the eai1v 1970's throuah the earl 1980's. The
area has above average appeal to the market. New Improvements are beina made to vacant lots in the nelahborh od.
Market conditions in the subject neighborhood (Including support for the above conclusions related 10 the trend of property values, demand/supplY, and mark ting time
n such as data an competftive properties for sale in the neighborhood,. description of the prevalence of sales and financing concessions, etc.):
Property values In the subiect area have been stable over the last several months. Sunnl;, and demand aolDear to be In balance.
AveraGe eXDosllre/marketlna time is three to s!x months In the subject neighborhood If tile p~Derties ani comnle ively priced. Nb
financing concessions known. Mort!l!!ge money is read!!y available at competitive rates. ,
- Project Inlormation for PUOs (If applicable) - - Is the developer/builder in control of the Home Owners' Association (HOA)? o Ves fJ No
. Approximate total number of units in the subject project Approximate total number of units for sale in the subject project
Describe cammon elements and recreational facilities:
Dimens Ions 50' X 102' No Survey Provided. See Plat Map. Topography Sanll. level abv. road Grade
Stte area 5,100 Corner Lot r8J Ves o No Siz8 Averaae for area
Specitic zoning classification and deSCription R2- Multlnle Famllv Residence District Shape RectanGula
Zoning compliance r8J Legal D Legal nonconforming (Grandfathered use) D Illegal 0 No zoning Drainage ~ears ad uate
Hi hest & best use as imoroved: n Present use rX10ther use (exolain) Improve wldl a sin Ie famllv residence View Residential
'1Ill1es Public Other Off-site Improvements Type Public Private Landscaping profosed
octricity r8J ___ Street Asphalt --.- r8J 0 Driveway Surface Con'crete
Gas 0 Curb/gutter Concrete 0 0 Apparent easements Usu'al Dubll utilities
Water r8J ~_~___ Sidewalk Concrete r8J D FrMA Specral Flood Hazard Area 0 Yes 0 No
Sanitary sewer ~ Street lights Pole Mont -~ R FEMA Zone A7 Mappate 9/30/1982
Storm sewer AIIev None FEMA Mao No, 1201960005C
Comments (apparent adverse easements, encroachments, special assessments, slide areas, illegal or legal nonconforming zoning use, etc.): o aDDarent
adverse easements. encroachments or environmental hazards were observed at the time Of the Insnectlqn. Per ric Johnson @
Bovnton Beach. PlanninG & ZoninG Division states that 2 dwellings per acre call be built. No, Quads. and nt. trl Ie es. '
GENERAL DESCRIPTION EXTERIOR DESCRIPTION FOUNDATION BASEMENT INS LATION
No. of Un~s 1 Foundalion Concrete Slab Concrete Area Sq. Ft. N/A '"1 C
No, of Stories 1 Exterior Walls C.B.S. Crawl Space N/A % Finished N/A Celllg == 0
.. Type (DeL/An.) Detached Roof Surface Asph. Shingle Basement N/A __~ Ceiling N/A Wal __ r8J
Design (Style) Ranch Gutters & Dwnspts. No/No Sump Pump }lone __~ Walls N/A ___ Floo _ 0
Existing/Proposed Proposed Window Type ~Ie Huna Dampness ~_~ Floor N/A Nonb 0
Age (Vrs.) Proposed Storm/Screens NolVes Settlement N/A Olrtside Entry N/A unkiown D
Effective Ane IYrs.\ Proposed Manufactured House No Infestation NIA
ROOMS Fover Livino Dinino Kitchen Den Familv Rm. Rec. Rm. Bedrooms # Baths Laundrv , Other Area Sn. Ft.
Basement N/A
Levell Area 1 1 1 1 3 2 Garaae 1335
Level 2 --
Finished. area above nrade contains: 7 Rooms' 3 Be(/roomls) 2 Bath sl' 1 335 Sbuare Feet f Gross Livino Area
INTERIOR Materials/Condition HEATING Central KITCHEN EOUIP. ATTIC AMENITIES CAR STO AG[ 1 Car
Floors Cpt+Cer.TileINew Type CFA Refrigerator r8J None D Fireplace(s) # _ D None D
Walls Drywalll New Fuel Electric Range/Oven 0 Stairs 0 Patio r8J Garage # of cars
Trim/Finish Wood/ New Condition New Dis posai r8J Drop Stair 0 Deell 0 Attach d Yes
Bath Floor Ceramic Tile/New COOLING CFA Dishwasher r8J Scuttle r8J Porch __ r8J Detac ed
Bath Wainscot Ceramic Tile/New Central Yes Fan/Hood D Floor 0 Fence ___ D Built-I
Doors Wood/New Other None Microwave D Heated R Pool - 0 Carport I
Condition New WasherlOrver i'><i Finished r Drivewa Adllt
Add~ional features (speCial energy efficient items, etc.): See addendum for cost break down.
Condition of the improvements, depreciation (physical, functional, and externai), repairs needed, quality of construction, remodeling/additions, efc:: TfIe
urovements are proposed construction. There is .no evidence of ~hysical or fu"ctional inadequacies ORisite or' thel n(ans and'
eciflcatlons. There is no evidence of external In adequacies In the neighborhood.
Adverse environmental conditions (soch as, but not limited to, hazardous wastes, toxic substances, elc.) present in the improvements, on the site" or in the Imollct
immediate vicinity of the subject property.: The appraiser Is not Ilcensed/ext>erienced qualified to determll1~otentla
from any adverse environmental conditions. Refer to limltina conditions.
Freddie Mac Form 70 6/93
PAGE 1 OF 2
Form UA2 - "TOTAL for Windows' applaisal suftware by a ia mode, inc -1-BOO-ALAMODE
Fanr Mae Form 1004 6/93
Viii ation~ectlon UNIFORM RESIDENTIAL APPRAISAL RE~ORT FileNo., .260 17
ESTIMATED SITE VALUE = $ 25,000 Comments on Cost Applb'ach (such as, source of cost est llate, 5ite value,
ESTIMATED REPRODUCTION COST-NEW-OF IMPROVEMENTS: square foot calculation and for HUD, VA and FmHA, the es materl remaining
Dwelling 1,335 Sq. Ft. @$ 129.00 = $ 172,215 economic life of the pr~~rty): Marsh.-II & Swift R .sid..ntial Cost
61 Sq. Fl. @$ 35.00 = 2,135 Handbook and actllal new"omes anarais d by are
.. = comoanv was liSt!d to calCulate the reora uctlon cost
'rage/Carport ~ Sq. Ft. @$ 40.00 = 10,280 for this report. TII!! attach~d skete'h deoi ts the room
,tal Estimated Cost New = $ 184,630 lavout and dhnenklol1s. The land to value atio is
~ Less Physical Functional External considered tvaicl\i for the sublect neiahb rhoCld.
Depreciation I I =$ Cast estimates at.. lIot Intended for Insur nee DurDOses.
Depreciated Value of Improvements =$ 184630
.As-is:' Value ot Site Improvements . .LlJ#JcpIPrl.e!p.,io =$ 15000 i '-
INDICATED VALUE BY COST APPROACH =$ 224,630
ITEM I SUBJECT COMPARABLE NO.1 COMPARABLE NO, 2 COMP ABLE NO.3
xxxxx NW_1.~TH Avenue 1050 NW 4th Street 210 NE 12th Avenue 331 NE 11th venue
Address Boynton Beach Bovnton Beach Bovnton Beach Bovnton Bea h
Proximitv to Subiect !:P: :.', (:., ;~ ,.; 0.17 miles 0.55 miles 0.67 miles
Sales Price $ N/A .....1: .1$ 205.000 /;,; :..Y<J$ 21000P :';~:im;jW,U!, iI$ 249 000
Price/Gross Livina Area <tJ1$ 147.69 <tJ1~ ,',' "';"\:1$ 167.46 <tJf:!':fllillA:;IIElr 1$ 212.e <tJ il",I!!~I::J. mli,;I'~
Data and/or FARESWin2data FARES,RealQuest MLS 2540808, ISC,~l!alQuest MLS 255606 , ISc:,RealQuest
Verification Source InsDection Exterior.Pub Recrds Exterior Realtor Pub Recrds Exterior Rea or Pub Recrds
VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION : +(-)$ Adiust. DESCRIPTION : +(-j$Adjust. DESCRIPTIO : + H$ Adius .
Sales or Financing rl~i'},:' .1:;::;' , Conventional : Conventional Cash
Concessions None Known None Known : None I(nownl
Date of SalefTime ''1'[':''.'.' ':il , 09/2005 : 0912005 : 01/2006 :
"
Location Averaae Averaae : AveraDe AveraDe :
Leasehold/Fee Simole Fee simple Fee simple Fee simole : Fee simple
Site 5100 5 100 SF +1- 3,780 S/F +/- 7.050 S/F +/- .15 OliO
View Residential Residential Residential Residential
Desian and Aooeal Ranch Ranch Ranch Ranch
Qualitv 01 Construction CBS CBS - CBS CBS
Aoe ProDosed 1 Year +5 000 1 Year +5 000 2 Years +8 OlIO
Condition Proposed Good Good Good
Above Grade Total: Bdrms: Baths Total: Bdrms : Baths : Total: Bdrms : Baths : Total : Bdrms: B ths :
Room Counl 7 : 3 : 2 7 3 : 2 : 8 4 2 7 : 3 2 :
Gross Livipo Area 1.335 SP. Ft 1 386 So. Ft. : 0 1 254 Sq. Ft : 0 1 170 S . Ft : +4 9EO
Basement & Finished N/A N/A : N/A N/A :
- Rooms Below Grade :
N/A N/A N/A N/A
Functional Uti/itv Averalle Averalle - . , AveraDe Averaue
. Heatino/Coolino CFA/Central Central heat/AC : Central heat/AC Central heat IA.c :
,rov Efficient Items None special None special : None special None specla :
, aae/Caroort 1 Car None : ~OOO. None : +10000 1 Car GarallE!
~ ~---,
Porch, Patio, Deck, Porch, patio Porch, patio Porch, patio Porch, patio
Fire lacelst etc. No fireDlace No fireDlace No fireplace
Fence Pooi etc. No Pool No pool : No pool No Pool :
:
Net Ad!. ltotal1 em'. [XI + rl-$ 15 000 [XI + il :$ 15000 [M:$ 2 OeD
Adjusted Sales Price tH:,i:'4:i:':"i :' 'J':Net.t'3~j iNe!':1J;~,1
of Comoarable . ::j3fbs~i: .t3"'% $ 220 000 Gross :'1J[%'1 $ 225,000 1$ 246 9eD
Comments on Sales Comparison (including the subject property's compatibility to the neighborhood, etc): The llAles used arl! the most r iecelTt that best
"!present the subiect allowlnll the most accurate annraisal and are reflective of the cuntent market. ComDarabl sale- number
one was adjusted downward for lIaralle. Comparabie sale number two WAS adiusted downward for 9araDe. Como. rable sale
number one was adjusted downward for the difference in lot size, also an adjustment upward was made for the d fference In Drou
living area @ $30.00 per SF. After adjustments' the middle of the range is concluded. I
ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO.2 COMP ABLE NO.3
Dale, Price and Data No sale in the 03/2005 02/2005 06/2004
Source, for prior sales last 36 months $10.00 QC $10.00 WD $139,600
within year of annraisal Public Records Public Records Public Records Public Recor s
Analysis of any current agreement of sale, option, or listing of subject properly and analysis of any prior sales at subject and comparables within Olle year of t e date of appraisal:
No known listing or current contract on the subiect Drooerty as of actual date of insnectlon on April 14 2006. Th subJect is
proposed construction. See addendum. Estimated time of completion for the sub/ect is Oecel1!ber 2006.
INDICATED VALUE BY SALES COMPARISON APPROACH $' 225,000
INDICATED VALUE BY INCOME APPROACH (if Aoolicabie) Estimated Markel Rent $ N/A /Mo. x Gross Rent Muniolier N/A ~$
This appraisal is made :J "as is" U subject to the repairs, anerallons, inspections or conditions listed below ~ subject to completion per plar s & srecnications.
Conditions of Appraisal: This 15 a summary ..enor{ of the curn~nt m.r~.t value and Is subleet to the attached aSSUn1DUOns and IImltlna conditions. Th appn:fsers assume
that there are no envlnmmenta' conditions, hazardous materials or'5011 conditions that would Drevent development.
Final Reconciliation: Principal emphasis is placed on the market approach as it best reflects tile actions of bll'Vers and sellers In
this same market area. The cost aooroach offl!rs Clood suooort. Due to the lack of sufficient meaninDful data the .ncome
approach is deemed not aDDlicable
The purpose of this appraisal is to estimate the market value of the real property that is the subject of this reporl, based un tile above conditions and the cerlrti ation. contingent
and limiting conditiuns, and marl(et value definition that are stated in the attached Freddie Mac Form 439/FNMA form 10048 (Revised 06/93
I (WE) ESTlMATE:t MARKET VALUEt~ DEFINED, OF THE REAL PROPERTY THAT IS THE'SUBJECT/~7RT, AS OF lav 4 2006,
. (WHICHISTHEDA :;~~ tTHEEFFECTIVE~ATEOFTHISREPORT)TOBE. ..' 225000
'RAISER: " -, . ~-L.' SUPER~~SER(ONLYIFREQUIRED):
ature : "'" . AAA.' Sionatur In, Did [ZJ Did No'
"ame Jonathan P. Franke' \ ~- Name FranK J. Cardo MAl Ins pen Property
Date ReDorl Sick" ADril 28 2006 Date Reoort Sioned April 28,. -,!006
Slate Certification # State State Cer1ification # St.Cert.Gen.RZ1190 I State FL
Or State License # ReDistered Trainee RI7876 Slale FL Or State License # State
Freddie Mac Form 70 6/93 PAGE 2 OF 2 Fan ie Mae Form 1004 E-93
Form UA2 - "TOTAL fOl Windows' appraisal software by a la mode, inc. - l-BOO.ALAMODE
OO~o. 2E03171 Paoe #31
260~17
C)/C7!2~07 WED 16!:S FAX 561 27$ 2769 Di~tmanDow~ingSchon~LLP
~002/002
East Side-West Side-Seaside Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF:
March 13,2007
L I Consent Agenda
____,.. __ .....J' __.-_. _T.'C...."
Old Business I X I New Business
Public Hearing
Other
SUBJECT:
Consideration of Issuing an RFQ for Professional Services
SUMMARY:
The eRA is embarking on many projects; the Old High school, the marina, stTeetscapes, ete. which will
require oversight and value engineering. Therefore, staff feels it is important to have an approved list of
professionals in the fields of architecture, landscape design, civil and traffic engineering to work with on
a continuing basis subject to the limits ofCCNA legislation. Therefore, staff recommends issuing the
attached RFQ.
FISCAL IMPACT:
To be detennined.
RECOMMENDATIONS:
Approve the issuance of the RFQ for Continuing Contracts for Design and Professional Services.
'V~1h
Vivian L. Brooks
CRA Planning Director
&, T- ~._
Lany T. chone
eRA Attorney
BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY
REQUEST FOR
STATEMENTS OF QUALIFICATION
For
Continuing Contracts for
Design and professional services
to he provided on an on-going and/or rotating basis
Background:
The Boynton Beach Community Redevelopment Agency (CRA) is seeking statements of
qualifications for various design and professional services to be provided on an on-going
and/or rotating basis. The contract between the CRA and the firms selected shall be a
Continuing Contract as defined in Florida Statute Section 287.055(2)(g) and subject to
the limitations necessary to qualify as such. Services desired include, but shall not
necessarily be limited to, architecture, landscape architecture, civil engineering, traffic
engineering, and marine engineering.
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.
J,
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 ea~tem 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. This
program is funded using State Housing Initiatives Partnership funds and is administered
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 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 firms to provide
the desires services. It is the CRA' s preference for all or substantially all services to be
provided by a single firm or a team of firms. The CRA intends that firms selected will
provide on-going services on a rotating basis or other basis as determined at the sole
discretion of the CRA. Design and other professional services desired by the CRA are as
follows:
I.
· Architecture. It is anticipated that the architects selected will provide consulting
as well as design services including conceptual, schematic, design development
and/or construction documents for public buildings (pavilions, park structures,
etc.), as well as affordable housing projects and adaptive reuse/restoration of
existing buildings with historic character.
· Landscape architecture. It is anticipated that the landscape architects selected will
provide consulting as well as design services related to conceptual, schematic,
design development and/or construction documents for landscape and hardscape
of public places and spaces in an urban setting including but not necessarily
limited to parks, public properties, rights-of-way and easements.
· Civil engineering. It is anticipated that the civil engineers selected will provide
consulting as well as design services related to conceptual, schematic, design
development and/or construction documents for various projects that require
paving, storm drainage, sanitary sewer, potable water, fire protection and other
related improvements for public places and spaces in an urban setting including
but not necessarily limited to parks, public properties, rights-of-way and
easements.
· Traffic engineering. It is anticipated that the traffic engineers selected will
provide general traffic c'onsulting as well as conducting various traffic, trip
2
generation, parking and other similar studies for possible future projects, or to
evaluate existing conditions and project future need. ..
· Marine engineering. It is anticipated that the marine engineers selected will assist
with design and construction of improvements to the recently acquired waterfront
and marina property acquired by the CRA, as well as other marine related tasks.
It is the CRA' s preference for substantially all or all of the services to be provided by a
single firm or team of firms, and the CRA, at its sole discretion, may accept or reject
statements of qualification from firms offering services in only one discipline.
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 these 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.
· Information on professional liability, workers compensation and other appropriate
insurances carried by the company.
· List and description of any outstanding claims against the company.
· List and description of any projects from which the company has been relieved of
duty.
· Other appropriate information as determined by the company.
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 Ed~cation.
3
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 statement 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 basis. 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 fee structure - the company shall provide a list of positions (which shall
also correspond to the key personnel described in Section III), and the hourly
billing rates associated with each of those positions. 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 Hourly/Not-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
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 not been
made on the project.
· Contract form - the company shall provide their standard form written contract
which is used with other similar design and/or consulting 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.
· Fees, Term and Termination - the CRA intends to enter into Continuing Contracts
with selected firms. The contracts shall be for the rendering of services for those
projects where construction costs do not exceed One Million Dollars
4
($1,000,000), for study activities when fees do not exce~ Fifty-Thousand Dollars
($50,000), or for work of a specified nature as outlined in the future contract
required by the CRA. The contracts may have no time limitation. T he contract
must provide a termination clause, pursuant to the definition of "continuing
contracts" as set forth within section 287.055(2)(g), Florida Statutes. However,
generally, 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. The future agreements will provide for a
termination clause stating that 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 staff
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
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 fifteen (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
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 Directors
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 resoivedby reference to the time kept by the CRA's
receptionist or delegated representative for the receipt of submittals.
5
The CRA staff will review the statements of qualification and intends to short list a
maximum of three (3) firms in each of the categories of service, but may select more or
less at staffs sole and absolute discretion. Upon short-listing, staff may request that its
board of directors approve 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 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 ofthis 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
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. If the Proposer
believes any of the information contained in its Submittal of Proposals is exempt from the
Public Records Law, then the Proposer must in its response specifically identify the
material which is deemed to be exempt and cite the legal authority for the exemption and
the CRA will evaluate the material to determine whether it is exempt from the Public
Records Law. Otherwise. the CRA will treat all materials received as public records.
6
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.
I.
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 violations of
such programs. .
(2) We inform employees about the dangers of drug abuse in the workplace, the
company's policy of maintaining a drug-free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be imposed
upon employees for drug abuse violations.
(3) We give each employee engaged in providing the commodities or contractual services
included in this RFP a copy of the statement specified in Subsection (1).
(4) In the statement specified in Subsection (1), we notify the employee that, as a
condition of working in the commodities or contractual services covered under this RFP,
they will abide by the terms of the statement; and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
(5) We impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, by
any employee who is convicted.
(6) We make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
Authorized Signature:
Date
Name & Title (typed)
, ,
8
1I!~~~Y~T8~ eRA
ill East Side - West Side-Seaside RenaISsance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF:
March 13, 2007
AGENDA ITEM:
I Consent Agenda I X I Old Business
New Business
Public Hearing
Other
SUBJECT: Discussion of Ocean Breeze Incentives
SUMMARY:
The CRA board previously entered into a Direct Incentive Agreement with Boynton Associates, the developer of
the Ocean Breeze project located in the Heart of Boynton for a total of $852,587 over a ten year period. In
September 2006, in response the developer's assertion that the terms of the executed DIFA were insufficient to
make the project work, staff presented an enhanced incentive package valued at $3.9M. At that time, the Board
directed staff to bring back a draft incentive agreement.
Staff has worked diligently with the developer to come up with an incentive package that makes financial sense
for the agency and the developer, Boynton Associates latest incentive request is outlined below:
a, City and CRA agree to promptly consider and approve any request for rezoning of the Boynton
Associates properties, and any contiguous parcels acquired or contributed to the Project, to
SHDRlIPUD 20 du/ac. A complete site plan submission package will not be required for this
approval.
b. CRA agrees to buy the pre-sale units required by the Developer's lender so that construction can
begin on the project, which is estimated to be 37 units and can assign their contracts subject to
the deed restrictions required of the existing DIF A, any new DIF A, as well as any additional
requirements mandated by the zoning change, CRA agrees to immediately place a deposit of 10%
of the total purchase price of the 37 units with developer's lender or the lender's approved
escrow agent. Once these units are sold to the CRA, the requirements of the DIF A and/or the new
zoning will have been met.
b. CRA shall contribute the "Peters" property and buy and contribute the Hollis, Jones and HTM
leasing properties to enable a further enhanced site plan and/or additional units. This incentive
is contingent upon the CRA being able to acquire the desired parcels through diligent good-faith
voluntary acquisition..
T\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 03 13 CRA Board Meeting - March\Ocean Breeze Options.doc
1~~~Y~T8~ eRA
ill East Side-West S.,de-Seaside Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
c, Upon execution of the agreement, CRA will immediately deliver $2m in cash and a Letter of
Credit in the amount of $2m to Developer's lender to be used for land buy-down, the project
and/or fees associated with the project.
d. Project to be put on CRA/City Fast Track for sought after approvals.
e. Parties to agree on a mutually acceptable site plan and building elevations, The site plan and
rendering would become exhibits to the orF A . The building elevations shall be similar to the
Developer's original submission (prior to CRA requested enhancements), with the exception of
the composition shingle roof, which shall be changed to metal.
f. Parties shall agree to a mutually acceptable Project Schedule.
g, The Direct Incentive Agreement shall give the CRA Board the specific right, but not the
obligation, to approve of any successor or assign of the Developer, unless that successor or
assign is a related entity (shares members),
h. CRA shall immediately remove the demolition lien from the project property as previously
agreed to, without the need for further action on the part of the Developer.
I. City and CRA agree to extend the existing Ocean Breeze site plan and orF A for one year.
J, CRA and City agree to use their housing incentive programs for the Project units and agree to
budget accordingly.
I. CRA agrees to allocate to the Developer a nF rebate based on the entire project (both phases
and total units) at the maximum amount with the maximum front loading available under the
program, with a minimum of 50% of the nF over a ten year period per phase with maximum
front loading.
m. City and CRA agree to waive all fees (including, but not limited to, administration, application,
review, park, bonding, surety, water reservation, permit, impact, etc,) and to assist Developer in
applying for fee waivers from Palm Beach County.
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 03 13 CRA Board Meeting - March\Ocean Breeze Options.doc
11~~Y~T8~ eRA
_ East Side -West Side-Seaside Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
Ocean Breeze
Requested Project Assistance Summary
Incentive T e
Demolition of Structures
eRA Purchase of 37 units
37 units 265,000 $9,805,000.00
eRA Purchase of Peter Pro e
eRA Purchase of Additional Pro erties
eRA Payment of Development Fees, Impact
Fees, Other Fees and Infrastructure
Im rovements $ 4,000,000
Total $ 6,550,500
I Waiver previously approved and amount previously paid from 2005 budget
2. This amount is the 10% deposit required. The eRA will sell the units to buyers
and utilize its HAP and eL T for funding along with the Buyer's lender and the eity
programs, It is possible that a portion of this amount wilI be repaid from buyers,
their lenders, or various programs available,.
3 Property already purchased by eRA in 2006 budget year
4. Estimate,
Sim Ie Cash Value Notes
$
$ 980,500 2
$ 470,000 3
$ 750,000 4
FISCAL IMPACT:
Funds are available from Bond II proceeds, HAP program, CL T funding but would leave little for other projects,
RECOMMENDA TIONS:
Staff does not recommend the incentive package requested by the developer. The developer is seeking
the entire project subsidy from the CRA. Furthermore, staff cannot evaluate if this is the appropriate
amount of subsidy since the developer will not disclose pertinent information particularly the cost of the
land. It is not standard practice for a CRA to fully fund the gap in an affordable housing project.
Typically developers of affordable housing have expertise in accessing a variety of subsidies ranging
from the federal to local level.
If the Board does not approve the proposed incentive package, Boynton Associates is prepared to sell the
property to the CRA for 1.5% above appraised value ($6.4M) plus the value of the impact fee credits
($500,000) for a total of $7.0M.
T\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 03 13 CRA Board Meeting - March\Ocean Breeze Options.doc
r
!II~~Y~T8~e RA
ill East Side-West Side-Seaside RenaISsance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
Staff feels that it would be more productive to purchase the Ocean Breeze site and request proposals
from developers with experience with this size and type of development. This will afford the CRA more
control over the project to ensure quality and affordability.
The CRA attorney and the developer have drafted a purchase agreement (attached) if the Board wishes to
pursue this alternative.
~~
CRA Planning Director
Kenneth G. Spillias
CRA Attorney
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 03 13 CRA Board Meeting - March\Ocean Breeze Options.doc
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 BOYNTON ASSOCIATES,
L TD, a Florida Limited Partnership, (hereinafter "SELLER").
In consideration of the mutual covenants and agreements herein set forth, the Parties hereto 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:
See Exhibit "A"
2, PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the
Property shall be Six Million Five Hundred Thousand Dollars ($6,500,000,00), payable in cash,
by wire transfer of United States Dollars at the Closing. Also at the time of Closing,
PURCHASER shall pay an additional Five-Hundred Thousand Dollars ($500,000.00) to
SELLER in exchange for an assignment of all of SELLER'S rights, title, and interest, if any, in
and to all Palm Beach County Impact Fee credits applicable to the Property.
3. DEPOSIT. PURCHASER shall pay the sum of Six Hundred and Fifty
Thousand Dollars ($650,000.00) as the deposit required under this Agreement ("Deposit") three
(3) business days following the Effective Date of this Agreement.
3.1 Application/Disbursement of Deposit. The Deposit shall be applied and
disbursed as follows:
The Deposit shall be delivered to SELLER at Closing and the PURCHASER 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 PURCHASER. If this Agreement is terminated due to a default, pursuant to
Section 12, the Deposit shall be delivered to (or retained by, as applicable) the non-defaulting
Party, and the non-defaulting Party shall have such additional rights, if any, as are provided in
Section 12,
3.2 Escrow Agent. Buyer and Seller agree that the Deposit shall be paid to
Lewis, Longman & Walker, P,A. ("Escrow Agent") who shall be instructed to invest the Deposit
in an interest-bearing money market account with an insured banking or savings and loan
institution doing business in the State of Florida. The interest earned on the Deposit shall be paid
to the party who is entitled to the Deposit under the terms of this Contract, and shall not be
applied as a reduction to the Purchase Price, Interest earned on the Deposit shall be reported
PURCHASE AGREEMENT
Page 2 of 16
under the federal tax identification number for the party receiving the Deposit. Buyer and Seller
agree to execute and deliver such tax reporting forms as may be reasonably required by Escrow
Agent to establish such account and to report the interest.
PURCHASER and SELLER authorize Escrow Agent (as defined above) 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
PURCHASER 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 the day
after PURCHASER'S March 2007 Board meeting (which is now scheduled for March 13,2007),
the Deposit will, at PURCHASER'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 April 15, 2007, unless extended or shortened by other provisions of this Agreement or
by written agreement, signed by both parties,
6, TITLE TO BE CONVEYED. At Closing, SELLER shall convey to CRA, by
Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined),
valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and
all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions
except only the following (collectively, the "Permitted Exceptions" attached hereto as Exhibit
B): (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 7.2
and Section 7.3 hereof.
7. INVESTIGATION OF THE PROPERTY. Within thirty (30) days from the
Effective Date 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
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PURCHASE AGREEMENT
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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. The CRA may enter the Property as of the
Effective Date to conduct these investigations. During this Feasibility Period, CRA may elect, in
CRA's sole and absolute discretion, to terminate this contract and receive back all Deposits
hereunder. If CRA elects to terminate this Agreement in accordance with this Section, CRA
shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject
to such disturbance as was reasonably necessary or convenient in the testing and investigation of
the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the
Property by CRA's testing and investigation; and (iii) release to SELLER, at no cost, all reports
and other work generated as a result of the CRA' s testing and investigation. CRA hereby agrees
to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands
and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered
to CRA (including, without limitation, any construction liens resulting therefrom) or for damage
to persons or property (subject to the limitation on practicability provided above) arising out of
CRA's investigation of the Property. CRA's obligations under this Section shall survive the
termination, expiration or Closing of this Agreement. However, CRA's indemnification
obligations shall not exceed the statutory limits as described 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 ofCRA's investigation of the Property, ifsuch damage to persons or
property results from services rendered at SELLER'S request. The obligations of the parties
under this Section shall survive the termination, expiration or Closing of this Agreement.
7.1 Seller's Documents. CRA acknowledges that SELLER has delivered to
CRA the following documents: 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, ifany.
7.2 Title Review. During the Feasibility Period, CRA shall obtain, at the
eRA's expense, from the 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 shown in Exhibit B, 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
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PURCHASE AGREEMENT
Page 4 of ] 6
CRA, in CRA's sole and absolute discretion, shall have the option of (i) extending the Cure
Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the
Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which
case, the Deposit shall be returned to CRA and the Parties shall have no further obligations or
liability hereunder, except for those expressly provided herein to survive termination of this
Agreement.
Prior to the Closing, CRA shall have the right to cause the Title Company to issue
an updated Title Commitment ("Title Update") covering the Property, If any Title Update
contains any conditions which did not appear in the Title Commitment, and such items render
title unmarketable, CRA shall have the right to object to such new or different conditions in
writing prior to Closing, All rights and objections of the Parties with respect to objections
arising from the Title Update shall be the same as objections to items appearing in the Title
Commitment, subject to the provisions of this Section.
7.3. Survey Review. CRA, at CRA's expense, may obtain a current boundary
survey (the "Survey") of the Property, indicating the number of acres comprising the Property to
the nearest 1!l OOth of an acre. With the exception of matters shown in Exhibit B, 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 7,2 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:
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PURCHASE AGREEMENT
Page 5 of 16
9.1. Deed. A Warranty Deed (the "Deed") conveying to CRA valid, good,
marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances
and other conditions of title other than the Permitted Exceptions.
9.2 Seller's Affidavits, SELLER shall furnish to CRA an owner's affidavit
attesting that, to the best of its knowledge, no individual or entity has any claim against the
Property under the applicable construction lien law; and that there are no parties in possession of
the Property other than SELLER. SELLER shall also furnish to CRA a non-foreign affidavit
with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced
above, the same shall be deemed an uncured title objection.
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.
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PURCHASE AGREEMENT
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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.
10.4 Closing Procedure. CRA shall fund the Purchase Price subject to the
credits, offsets and prorations set forth herein, SELLER and CRA (as applicable) shall execute
and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i)
disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up"
Title Commitment to CRA, and promptly thereafter, record the Deed and other recordable
Closing Documents in the appropriate public records,
10.5 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain,
or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments
applicable to and encumbering the Property, except any liens accepted and included in Exhibit B.
11. REPRESENTATIONS, 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. Authoritv. 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
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PURCHASE AGREEMENT
Page 7 of 16
most closely approximates the amount necessary to compensate SELLER. CRA and SELLER
agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture
provisIOn,
12.2. Seller's Default. In the event that SELLER shall fail to fully and timely
perform any of its obligations or covenants hereunder or if any of SELLER'S representations are
untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement,
CRA may, at its option: (1) declare SELLER'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 Section 3 and
neither Party shall have any further rights hereunder or (2) seek specific performance of this
Agreement, without waiving any action for damages,
12.3. Notice of Default. Prior to declaring a default and exercising the remedies
described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party
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:
Boynton Associates, Ltd.
Attn: Mr. Larry Finkelstein
114 N. Federal Highway, Suite 202
Boynton Beach, Florida 33435
Tel: 561-736-9790
Fax: 561-423-2432
Email: lfgi@aol.com
With a copy to:
William E, Shannon, Esq.
4500 PGA Boulevard, Suite 304B
Palm Beach Gardens, Florida 33418
Tel: 561-622-4521
Fax: 561-656-0917
Email: wshannon@owen-lawfirm.com
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PURCHASE AGREEMENT
Page 8 of 16
If to Purchaser:
Boynton Beach Community Redevelopment Agency
915 S, Federal Highway
Boynton Beach, Florida 33435
Tel: 561-737-3256
Fax: 561-737-3258
Emai}: BrightL@ci.boynton-beach.f1.us
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
Tel: 561-640-0820
Fax: 561-640-8202
Email: kspillias@llw-law.com
14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this
Agreement are hereby made binding on, and shall inure to the benefit of, the successors and
permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement
without the prior written consent of CRA, which shall not be unreasonably withheld. CRA shall
have the right to assign this Agreement to the City of Boynton Beach (the "City") without the
prior consent of SELLER and the CRA shall be released from any further obligations and
liabilities under this Agreement. The CRA may not assign this Agreement to any other party
without the prior written approval of SELLER, which shall not unreasonably withheld. If CRA
has been dissolved as an entity while this Agreement and/or the attached Lease Agreement are in
effect, the provisions of section 163.357(1), Florida Statutes, (as it may be amended from time to
time), shall apply.
15. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is
materially altered by an act of God or other natural force beyond the control of SELLER, CRA
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.
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PURCHASE AGREEMENT
Page 9 of 16
17, 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,
petroleum, petroleum product or petroleum 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.
(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.
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.
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PURCHASE AGREEMENT
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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'S possession or control (other than the
documents described as having been received in Paragraph 7.1 above) with respect to the physical
condition or operation of the Property, if any.
17.3.2 Copies of all approved plans, 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 At Closing, 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
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, including, 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
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PURCHASE AGREEMENT
Page 11 of 16
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. Time is of the essence. 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.
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 circumstances shall
be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The
provisions of this Section shall apply to any amendment of this Agreement.
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.
11
PURCHASE AGREEMENT
Page 12 of 16
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 not 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.
18.13. Disclosure. SELLER'S General Partner's Manager, Larry Finkelstein
(the executor of this Agreement), discloses that he is a licensed Florida real estate broker, and that
he has a beneficial interest in SELLER.
18.14 Tax Free Exchange. SELLER, at its sole discretion, may elect to
exchange the Property (or a portion thereof) for other properties ("Exchange Property") of their
choosing in a three party transaction, provided that the end result is that PURCHASER acquires
fee title to the Property without incurring any additional expense or liability of any nature, If
Seller so elects, the designation of Exchange Property shall be made in writing by SELLER prior
to the Closing date. The contract to complete the exchange ("Exchange Contract"), or an
assignment thereof to PURCHASER, shall be presented to PURCHASER concurrently with the
designation of the Exchange Property. PURCHASER shall have no obligation or responsibility of
the Exchange Property or for determining that the contemplated transaction will qualify as a "like
kind exchange" under Section 1031 of the Internal Revenue Code as amended. PURCHASER
agrees to fully cooperate with SELLER in connection with the acquisition of the Exchange
Property and the consummation of the exchange.
{THE REMAINDER OF THIS PAGE INTENIONALLY LEFT BLANK}
12
PURCHASE AGREEMENT
Page 13 of 16
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective
date,
BUYER:
SELLER:
BOYNTON BEACH
COMMUNITY REDEVELOPMENT
AGENCY
BOYNTON ASSOCIATES, LTD.,
by its GENERAL PARTNER,
AFFORDABLE HOUSING, LLC.
By:
Henderson Tillman, Chairperson
By:
Larry Finkelstein, Its Managing Member
Print Name:
Date:
Date:
Witnesses:
Witnesses:
Print Name
Print Name
Witnesses:
Witnesses:
Print Name
Print Name
Approved as to form and legal sufficiency:
CRA Attorney
13
PURCHASE AGREEMENT
Page 14 of 16
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Parcell:
A portion of Block C of the Plat of Boynton Hills, Boynton Beach, Palm Beach County, Florida,
according to the plat thereof as recorded in Plat Book 4, Page 51, of the Public Records of Palm
Beach County, Florida, described as follows:
Commence at the Northeast comer of Lot 147 of said Block C; thence South (assumed), along
the East line of said Lot 147, a distance of20.00 feet to the Point of Beginning; thence continue
South, along the East line of said Block C, 228.36 feet to the Southeast comer of Lot 134 of said
Block C; thence West, along the South line of said Lot 134, a distance of 100 feet to the East line
of Lots 135 and 136 of said Block C; thence South along said East line and the Southerly
prolongation thereof, 189.19 feet to the centerline of Grand Circle "N", being a curve concave
Southwesterly having a radius of 591.65 feet, (a line radial to said curve bears North 410 04' 57"
East); thence Northwesterly, along the arc of said curve 5.02 feet through a central angle of 00
29' 11" to the intersection with the Northerly prolongation of the East line of Lot 129 of said
Block C, (a line radial to said curve at the said point of intersection bears North 400 35' 46"
East); thence South along the said Northerly prolongation of the East line of Lot 129, a distance
of 57.60 feet to the Southeast comer of said Lot 129; thence West along the South line of said
Lot 129 and the South line of Lot 128, a distance of 150.00 feet to the West line of said Lot 128;
thence North, along said West line, 15.00 feet to the South line of Lots 127 and 126 of said
Block C; thence West, along the said South line of Lots 127 and 126, a distance of 100.00 feet to
the West line of said Lot 126; thence North, along said West line, 45.00 feet to the South line of
Lots 124 and 123 of said Block C; thence West along said South line, 100.00 feet to the West
line of said Lot 123; thence North along said West line and the Northerly prolongation thereof,
193,23 feet to the intersection with the Westerly prolongation of the South line of Lot 141 of said
Block C; thence North 76046' 35" East, along said Westerly prolongation, 157.99 feet to the
West line of said Lot 141; thence North, along said West line, 101.25 feet to the North line of
said Lot 141; thence North 830 17' 55" East, along the North line of said Lots 141 and 142 of
said Block C, a distance of 75.51 feet to a line 25 feet West of and parallel with the East line of
Lot 150 of said Block C; thence North, along said parallel line, 92.44 feet to the North line of
Lots 150, 149, 148 and 147 of said Block C; thence East along said North line, 205,00 feet to the
beginning of a curve concave Southwesterly having a radius of 20.00 feet and a central angle of
90000' 00"; thence Southeasterly, along the arc of said curve, 31.42 feet to the Point of
Beginning aforedescribed.
Parcel 2:
Lots 1 through 12, inclusive, Block 1, Palm Beach Country Club Estates, according to the Plat
thereof as recorded in Plat Book 11, Page 43, of the Public Records of Palm Beach County,
Florida; and the South 1/2 of the East 1/2 of Lot 2, of Subdivision of the West 1/2 of the
Southeast 1/4 of Section 21, Township 45 South, Range 43 East, according to the plat thereof, as
recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida, LESS the
South 125 feet, thereof and LESS the right of way for "Seacrest Boulevard" as shown on Road
Plat Book 5, Page 182, of the Public Records of Palm Beach County, Florida.
14
PURCHASE AGREEMENT
Page 15 of 16
Exhibit B
Permitted Exceptions
1. Taxes for the year of closing, and taxes or special assessments which are not shown as existing
liens by the public records,
2. Rights or claims of parties in possession not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, and any other matter which would be disclosed
by an accurate survey and inspection of the premises.
4. Easements or claims of easements not shown by the public records.
5. Any lien, or right to a lien, for services, labor, or material, furnished to the premises imposed by
law and not shown on the public records.
6. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the
lands insured hereunder, including submerged, filled, and artificially exposed lands, and lands accreted to
such lands.
7. Resolution No. 05-176 in favor of City of Boynton Beach recorded in Official Records Book
19662, Page 893, as assigned to Boynton Beach Community Redevelopment Agency in Official Records
Book 20768, Page 938, both of the Public Records of Palm Beach County, Florida, (Seller to assign
whatever rights, title, or interest it has in and to the agreement by the Boynton Beach Community
Redevelopment Agency to waive any lien described in this Resolution,)
8. Oil, Gas and Mineral Reservations in favor of the State of Florida, as set forth in Deed from the
Trustees of the Internal Improvement Fund of the State of Florida, recorded in Deed Book 709, Page 546,
of the Public Records of Palm Beach County, Florida, as affected by Quit-Claim Deed recorded in
Official Records Book 1953, Page 1601. The right of entry for mining and exploration in said
reservations has been released in Official Records Book 4081, Page 1974, of the Public Records of Palm
Beach County, Florida and by Section 270,11 F,S, Road Reservations have been released in Official
Records Book 20739, Page 486, of the Public Records of Palm Beach County, Florida.
9. Oil, Gas and Mineral Reservations in favor of the State of Florida, as set forth in Deed from the
Trustees of the Internal Improvement Fund of the State of Florida, recorded in Deed Book 751, Page 209,
of the Public Records of Palm Beach County, Florida. The right of entry for mining and exploration in
said reservations has been released in Official Records Book 4081, Page 1974, of the Public Records of
Palm Beach County, Florida and by Section 270,11 F,S, Road Reservations have been released in Official
Records Book 20739, Page 486, of the Public Records of Palm Beach County, Florida.
10. Oil, Gas and Mineral Reservations in favor of the State of Florida, as set forth in Deed from the
Trustees of the Internal Improvement Fund of the State of Florida, recorded in Deed Book 822, Page 121,
of the Public Records of Palm Beach County, Florida. The right of entry for mining and exploration in
15
PURCHASE AGREEMENT
Page 16 of] 6
said reservations has been released in Official Records Book 4081, Page 1972, of the Public Records of
Palm Beach County, Florida and by Section 270,11 F.S, Road Reservations have been released in Official
Records Book 20739, Page 486, of the Public Records of Palm Beach County, Florida,
11. Easement to Florida Power and Light Company recorded in Official Records Book 1571, Page
429, of the Public Records of Palm Beach County, Florida,
12, Encroachment of NW 1st Street along the West Property line as shown on survey by O'Brien,
Suiter & O'Brien, Inc., Order No. 80-153db"1", dated October 20,2005, revised 9/2/05, revised 9/14/05,
revised 7/11/06, revised 10/17/06 and 11/13/06. (as to Parcell).
13. Chain link fence encroaches .4' along the East property line and 4.3' along the North property
line; Encroachment of concrete drive, rock drive, pavement and concrete walkways on the Western
portion of the property; Encroachment of pavement along the side of the property, as shown on survey by
O'Brien, Suiter & O'Brien, Inc" Order No, 80-153db"1 ", dated October 20, 2005, revised 9/2/05, revised
9/14/05, revised 7/11/06, revised 10/17/06 and 11/13/06. (as to Parcell).
14. Irregular wood fence encroaches ,05' along the South property line as shown on survey prepared
by O'Brien, Suiter & O'Brien, Inc" Order No. 80-153db"A", dated October 20,2005, revised 12/01/05,
revised 1/05/06, revised 7/13/06, revised 7/19/06 and revised 10/17/06. (as to Parcel 2),
16
MAR-08-2007 14:1g From:
From :
To:4098~2419~000~737325 P.2/2
03106/2007 12:54
1194' P,002/015
IIR~8~CRA
Ii East Slde~We" Sldo-Se..idellan.l..ancc
BOYNTON BEACH eRA
AGENDA IT.EM STAFF REPORT
eRA BOARD MEETING OF:
Man:h 13, 1006
QId DuIillCII~
X I New BIllfnH'
'''bUc Reariae
Other
SUBJECT:
Consideration of rurcbasiog Property located at NB 1 n Street
SUMMARY:
At the August 2006 CRABoar<1 meeting the Board approved a parking strategy for the downtOWIl area.
Staffhas been able to negotiate for the ~ority of the 8i~ identified as #4 on Tht: attached map. The
parcels contain .48 acres of land.
The appraisal came in at $625,000. The IcUer is asking $640.000 a diffi:~c of$15,000. 1'he
comparable properties per square foot price used in the appraisal range from $35.73 pro sq. ft. to $27.08
pro sq. ft. 'With the Ilverllgo prico pfWr SQuare feet being $32.00. The subject propertY appraised at $31.33
pt, &q. n, rh~ asking price represent! a 4.6 perco.nt lncre886 over the appraised. value.
FISCAL lM}I ACT:
$640,000 plus customary closing expense from proceeds of BOnd #1.
RECOMl\1ENDA TIONSz
Approve the purchase ~ent between the eRA Imd the Sha1fet's fut property loc~ted at 208 NE I It
Street in the amount of $640,000.
, ~J-,X'
. Vivian L. Brooks
eRA Planning DirectQr
\
~~
eRA Attomc::y
T;\AOIiNOA~, CONSENT AGENDAS, MONTHLY REPORTS\COI'l'\pletad AOenda 1t1NY1 Requell P'amw bV Mee1lng\FY 2006-2007 Beerd
Meetlngl1,()7 03 13 eRA Board M..t1rc1 - Marcll\Par1clnll NS , at 9treet.doc
PURCHASE AGREEl\1ENT
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 JEFFREY AND ELIZABETH
SHAFFER (hereinafter "SELLERS").
In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree
as follows:
1. PURCHASE AND SALE/PROPERTY. SELLERS agree to sell and convey to
CRA and CRA agrees to purchase and acquire from SELLERS, 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 V2 of Lots 11 and 12, Block 3, TOWN OF
BOYNTON, according to the Plat thereof as recorded in Plat
Book I, page 23, as recorded in the Public Records of Palm
Beach County, Florida.
Along with:
Lots 13 and 14, Bock 3, TOWN OF BOYNTON, according to
the Plat thereof as recorded in Plat Book I, Page 23, as
recorded in the Public Records of Palm Beach County, Florida.
2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the
Property shall be Six Hundred and Thirty Thousand Dollars ($640,000.00), 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 Thirty One Thousand Five Hundred Dollars ($31,500.00) (the "Deposit").
3.2 Application/Disbursement of Deposit. The Deposit shall be applied and
disbursed as follows:
The Deposit shall be delivered to SELLESR at Closing and the CRA shall receive credit for such
amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period
(hereinafter defined) for any reason, the Deposit shall be immediately refunded to the CRA. If
this Agreement is terminated due to a default, pursuant to Section 12, the Deposit shall be
delivered to (or retained by, as applicable) the non-defaulting Party, and the non-defaulting Party
shall have such additional rights, if any, as are provided in Section 12.
PUReHASE AGREEMENT
Page 2 of 12
3.3 Escrow Agent. CRA and SELLERS 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 SELLERS, 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 March 16, 20007, 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 SELLERS has signed or
initialed this offer or the final counteroffer.
5. CLOSING. The purchase and sale transaction contemplated herein shall close on
or before April 13, 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, SELLERS shall convey to CRA, by
WaITanty Deed complying with the requirements of the Title Commitment (hereinafter defined),
valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and
all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions
except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes
and special assessments for the year of Closing and subsequent years not yet due and payable;
(b) covenants, conditions, easements, dedications, rights-of-way and matters of record included
on the Title Commitment or shown on the Survey (defined in Section 7), to which CRA fails to
object, or which CRA agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof.
7.0 Investigation of the Property. Within 30 days from the Effective Date
("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 SELLERS and so long as said investigations do not result in a
business interruption, to perform any and all physical tests, inspections, and investigations of the
Property, including but not limited to Phase I and Phase II investigations, which CRA may deem
necessary. During this Feasibility Period, CRA may elect, in CRA's sole and absolute
discretion, to terminate this contract and receive back all Deposits hereunder. If CRA elects to
terminate this Agreement in accordance with this Section, CRA shall: (i) leave the Property in
substantially the condition existing on the Effective Date, subject to such disturbance as was
2
PUReHASEAGREEMENT
Page 3 of 12
reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the
extent practicable, shall repair and restore any damage caused to the Property by CRA's testing
and investigation; and (iii) release to SELLERS, 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
SELLERS harmless from and against all claims, losses, expenses, demands and liabilities,
including, but not limited to, attorney's fees, for nonpayment for services rendered to CRA
(including, without limitation, any construction liens resulting therefrom) or for damage to
persons or property (subject to the limitation on practicability provided above) arising out of
CRA's investigation of the Property. CRA' s obligations under this Section shall survive the
termination, expiration or Closing of this Agreement. However, CRA's indemnification
obligations shall not exceed the statutory limits as described within Section 768.28, Florida
Statutes, and CRA does not waive its sovereign immunity rights. SELLERS 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
SELLERS 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: SELLERS 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
SELLERS no later than twenty (20) days after the Effective Date notifying SELLERS of any
objections CRA has to the condition of title (hereinafter "CRA Title Objections"). If CRA fails
to deliver the CRA Title Objections to SELLERS 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 SELLERS 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 SELLERS are unable to cure and remove, or cause
to be cured and removed, the CRA Title Objections within the Cure Period, to the satisfaction of
CRA, then CRA, in CRA's sole and absolute discretion, shall have the option of (i) extending the
Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title
to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in
which case, the Deposit shall be returned to CRA and the Parties shall have no further
obligations or liability hereunder, except for those expressly provided herein to survive
termination of this Agreement. It is understood and agreed between the Parties that the existing
structure on the Property encroaches upon the adjacent property (having an address of 20 1 NE 1 st
Avenue - PCN # 08-43-45-28-03-003-0111) and that said encroachment constitutes a Permitted
3
PURCHASE AGREEMENT
Page 4 of 12
Exception as defined above.
Prior to the Closing, CRA shall have the right to cause the Title Company to issue an updated
Title Commitment ("Title Update") covering the Property. If any Title Update contains any
conditions which did not appear in the Title Commitment, and such items render title
unmarketable, CRA shall have the right to object to such new or different conditions in writing
prior to Closing. All rights and objections of the Parties with respect to objections arising from
the Title Update shall be the same as objections to items appearing in the Title Commitment,
subject to the provisions of this Section.
7.3. Survey Review. CRA, at CRA's expense, may obtain a current boundary
survey (the "Survey") of the Property, indicating the number of acres comprising the Property to
the nearest 1/100th of an acre, If the Survey discloses encroachments on the Property or that
improvements located thereon encroach on setback lines, easements, lands of others or violate
any restrictions, covenants of this Agreement, or applicable governmental regulations, the same
shall constitute a title defect and shall be governed by the provisions of Section 7,3 concerning
title objections.
8. CONDITIONS TO CLOSING. CRA shall not be obligated to close on the
purchase of the Property unless each of the following conditions (collectively, the "Conditions to
Closing") are either fulfilled or waived by CRA in writing:
8.1. Representations and Warranties. All of the representations and warranties
of SELLERS 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, SELLERS 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
PUReHASEAGREEMENT
Page 5 of 12
9.2 Seller's Affidavits. SELLERS 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 SELLERS. SELLERS shall also furnish to CRA a non-foreign affidavit
with respect to the Property. In the event SELLERS are 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 SELLERS, all costs and
expenses to be paid at Closing, and the net proceeds due SELLERS, 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 SELLERS execute and deliver, and any other documents
required by this Agreement or reasonably necessary in order to close this transaction and
effectuate the terms of this Agreement.
10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES.
10.1. Prorations. Taxes, assessments, rents, interest, insurance and other
expenses of the Property shall be prorated through the day before Closing. CRA shall have the
option of taking over existing policies of insurance, if assumable, in which event premiums shall
be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to
be made through the day prior to Closing. Advance rent and security deposits, if any, will be
credited to CRA. Taxes shall be prorated based upon the current year's tax with due allowance
made for maximum allowable discount. If Closing occurs at a date when the current year's
millage is not fixed and current year's assessment is available, taxes will be prorated based upon
such assessment and prior year's millage, If current year's assessment is not available, then
taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request
of either party, be readjusted upon receipt oftax 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 SELLERS. 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 SELLERS 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.said "general closing expenses" not to exceed $350.00). All other costs
of closing shall be borne by CRA.
5
PUReHASE AGREEMENT
Page 6 of 12
10.4 Closing Procedure. eRA shall fund the Purchase Price subject to the
credits, offsets and prorations set fOlih herein. SELLERS 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 SELLERS; (ii) deliver the Closing Documents and a "marked-up"
Title Commitment to CRA, and promptly thereafter, record the Deed and other recordable
Closing Documents in the appropriate public records.
10.5 Existing Mortgages and Other Liens. At Closing, SELLERS 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. REPRESENTATIONS, COVENANTS AND WARRANTIES.
11.1 Seller's Representations and Warranties. SELLERS hereby represents,
covenants and warrants to eRA, as of the Effective Date and as of the Closing Date, as follows:
11.2. Authority. The execution and delivery of this Agreement by SELLERS
and the consummation by SELLERS 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 SELLERS in accordance with its terms. The person executing this Agreement on
behalf of SELLERS has been duly authorized to act on behalf of and to bind SELLERS, and this
Agreement represents a valid and binding obligation of SELLERS.
11.3. Title. SELLERS are 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 SELLERS as agreed liquidated damages and, thereafter, neither CRA nor SELLERS
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 SELLERS acknowledge that if CRA
defaults, SELLERS 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 SELLERS, CRA
and SELLERS agree that this is a bona fide liquidated damages provision and not a penalty or
forfeiture provision,
12.2. Seller's Default. In the event that SELLERS shall fail to fully and timely
perform any of its obligations or covenants hereunder or if any of SELLER'S representations are
6
PUReHASE AGREEMENT
Page 7 of] 2
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 SELLERS, in which event CRA may terminate this Agreement and demand that the
Deposit be returned, including all interest thereon if any, in accordance with Section 3 and
neither Party shall have any further rights hereunder or (2) seek specific performance of this
Agreement, without waiving any action for damages.
12.3. Notice of Default. Prior to declaring a default and exercising the remedies
described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party
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 Sellers:
Jeffrey and Elizabeth Shaffer
820 NE 6th Street
De1ray Beach, FL 33483
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. SELLERS 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 SELLERS 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 SELLERS, which approval can be withheld in SELLERS'
sole and absolute discretion. 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 SELLERS, 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 eRA
may accept the Property without any reduction in the value of the Property.
16. BROKER FEES. The SELLERS hereby confirm that they have retained Federico
Rochwerger, P A of Coldwell Banker Commercial as their 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,
petroleum, petroleum product or petroleum 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, SELLERS
hereby warrants and represents the following, as applicable:
(1) That SELLERS 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 SELLERS, to the best of SELLERS knowledge.
(2) SELLERS are 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. SELLERS are 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 SELLERS 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 SELLERS 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 SELLERS 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 SELLERS.
17.2 Additional Warranties and Representations of SELLERS. As a material
inducement to CRA entering into this Agreement, SELLERS, to the best of SELLERS 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 SELLERS
have 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 SELLERS 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'S 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 SELLERS Deliveries.
SELLERS 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'S 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 On the Closing Date, SELLERS 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
9
PUReHASE AGREEMENT
Page 10 of 12
to the Closing Date, SELLERS shall remedy, restore, and rectify any and all violations of the
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. SELLERS warrant that there will not be, at
the time of Closing, any unrecorded instruments affecting the title to the Property, including, 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 Jaws 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 Disttict 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
10
PUReHASE AGREEMENT
Page 11 of 12
not merge into the Deed.
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 circumstances shall
be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The
provisions of this Section shall apply to any amendment of this Agreement.
18.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement
and initialed by CRA and SELLERS shall control all printed provisions in conflict therewith.
18.7 Waiver of Jury Trial. As an inducement to eRA agreeing to enter into this
Agreement, CRA and SELLERS 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. Attornevs 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 SELLERS have full right
and lawful authority to execute this Agreement and to bind and obligate the party for whom or
on whose beha1fhe 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 SELLERS set forth in this Agreement, shall survive the Closing, the delivery and
recording of the SELLERS Property Deed and CRA's possession of the Property.
18.12 SELLERS Attorneys' Fees and Costs. SELLERS acknowledges and
agrees that SELLERS shall be responsible for its own attorneys' fees and all costs, if any,
incurred by SELLERS in connection with the transaction contemplated by this Agreement.
SIGNATURES ON FOLLOWING PAGE
11
PUReHASEAGREEMENT
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
Jeffery Shaffer
Date:
Elizabeth Shaffer
Witnesses:
Print Name
Print Name
I:\Client Documents\Boynton Beach CRA\375-002\Misc\Robinson Purchase Agreement.doc
12
~
~RT
Affiliated Business Arrangement Disclosure Statement
To:
Consumer
From:
NRT Commercial, Inc. d/b/a Coldwell Banker Commercial NRT
Thank you for contacting us, your local Coldwell Banker Commercial NRT office (hereinafter "Broker"), in connection with the
purchase or sale of a home or other property. This is to give you notice that Broker has a business relationship with the companies
listed in this Statement, in that each of the companies is wholly or partially owned either directly or indirectly by NRT Incorporated or
by Realogy Corporation Realogy Corporation indirectly wholly owns NRT Incorporated, a parent company of your local Broker and
other brokerage offices throughout the nation. Realogy Corporation also owns the franchisor of the Coldwell Banker(r), Coldwell
Banker Commercial(r), Century 21 (r), ERA(r),and Sotheby's International Realty(r)systems. Because of these relationships, the
referral of business to these companies may provide us, our employees or other related parties noted herein a financial or other
benefit
In connection with providing real estate brokerage services, Broker may receive a commission or a cooperative brokerage referral
fee for a referral to another real estate brokerage company (which is typical in the real estate brokerage industry); however, this will
not affect the amount you pay to purchase or sell a property.
We have set forth below the full range of services that these companies provide, along with an estimate of the range of charges
generally made for these services. You are NOT required to use the listed companies as a condition of the purchase or sale of your
property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE
FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE
SERVICES.
Companies
HUD-1 Description/Line Designation
Estimate Of Range Of Charges
Generally Made By Provider (1)
PHH Home Loans, LLC d/b/a Coldwell Banker Home Loans:
Provides a full range of residential first mortgage loan products and
services
Loan origination fee (801)
Loan discount fee/points (802) (2)
Application fee (800 Series) (3)
o - 2% of loan amount
0- 5% of loan amount
$0-$350
i
I
-------i
PHH Home Loans, LLC d/b/a Sunbelt Lendino Services:
Provides a full range of residential first mortgage loan products and
services
Loan origination fee (801)
Loan discount fee/points (802) (2,3)
0- 4% of loan amount
o - 4% of loan amount
Mid-Exchanoe, Inc.: Acts as a qualified intermediary for IRC
1031Tax Deferred Exchanges.
Additional settlement charges (1300 Series)
$500.00 - $3,00000
Sunbelt Title Aoencv: Provides searches of public records that
bring to your attention any known problems with the property's title
before closing, and insures against loss due to certain title defects
I
I
i NRT Insurance Aoencv,lnc,: Provides insurance agency Hazard Insurance Premium (903) $7.50 - $1200 per thousand dollars
iservices for homeowners and other types of Insurance. __ I of replacement cost of dwelling
1 Actual charges may vary according to the particular circumstances underlying the transaction, Including the home value, coverage and limits, other
requested terms and services, unusual market conditions, government regulation.s, property location and features, and other similar factors. Rates may
not be the lowest available and are subject to change. For a free, no obligation quote, please contact the company directly Where required by state law,
current rates for insurance are filed with the applicable state agency, and depending upon the circumstances, may vary from the rates shown above.
2 The loan discount fee/points are affected by the note rate. Depending upon market conditions, the loan discount fee/points may be higher to adjust for
below-market rates
3 There are other charges Imposed in connection with mortgage loans In addition, a lender may require the use of other service providers, including but not
limited to an attorney, credit reporting agency or real estate appraiser chosen to represent the lender's interest If you apply to any of these companies for
a loan, you will receive additional information regarding anticipated charges
Purchase of title policies (1108 - 1110)
05% - 1.25% of the property
I pu rchase price
Although not affiliated business arrangements, please also note the following certain Brokers market the Coldwell Banker Home
Protection Plan (as provided and administered by Service Plan of Florida, Inc) and ADT@ Security Services, as well as other
products and services. Broker, its employees or its affiliate(s) may receive a financial or other benefit in connection with the products
or services described herein.
Acknowledgement of Receipt of Disclosure
l!We have received the Affiliated Business Arrangement Disclosure Statement from Broker and understand that Broker may refer
me/us to the settlement service providers listed in this Statement Broker, its employees or its affiliate(s) may receive a financial or
other benefit as the result of that referral.
Name
Date
Name
Date
COLDVVELL BANKER@ and COLDVVELL BANKER COMMERCIAL@ are registered trademarks licensed to Coldwell Banker Corporation. ERA@ IS a registered trademark
licensed to ERA Franchise Systems, Inc, CENTURY 21@ IS a registered trademark licensed to Century 21 Real Estate Corporation.
An Equal Opportunity Company ~ Equal Housing Opportunity
Form generated by True Forms'" from REVEAlcesYSTEMS, rnc 800-499-9612
Owned and Operated by NRT Incorporated
@ 2006 NRT Incorporated Revised August 2006
-
NRT
Buyer's Disclosure and Acknowledgment Form
---------------..-----.-~--------- --------"------- --------.,.------_______ ~. - - _____._._w. __ ____, _______.____ _____
1. LEGAL REQUIREMENT, All contracts for the sale of real property are required to be in writing and signed by all parties to be enforceable. Banker,
its sales associates and employees (collectively, "Broker") recommends that you consult with an attorney prior to entering into any contract.
2. ESCROW, Monies placed in escrow with Broker will be held in compliance with Chapter 475, Florida Statutes. You agree that Broker, if appointed
as escrow agent, may deposit the escrowed funds in a non-interest bearing account with a financial institution chosen by Broker and that the
financial institution, Broker or any of its related companies may obtain a direct or indirect benefit in connection with such deposit.
3. SURVEYS AND INSPECTIONS. Broker recommends that you (a) exercise your right to obtain a survey of the property and any professional
inspections, including a comprehensive inspection which includes, but is not limited to, environmental, roof, termite, permits, plumbing and septic,
electrical, HVAC, and structural components; (b) retain your chosen inspector to reinspect the property to ensure that all required repairs have been
made by an appropriately licensed person and in a workmanlike manner; and (c) personally perform a walk-through inspection of the Property Just
prior to closing to ensure that the Property has been kept in the agreed upon condition and to confirm that all items are present which were agreed
upon in the contract. f the property is located in a coastal area, it may be impacted by regulations affecting its use, including regulations regarding
coastal construction control lines ("CCCL") as defined by 3161053, FS. To determine whether the property is located seaward of a CCCL, Broker
recommends that you contact the Florida Department of Environmental Protection at (850) 245-2118 or via the internet at www.depstate.f1.us. You
agree not to rely on Broker to determine the property condition, CCCL impact, property boundaries, square footage, the nature or extent of any
easements or encroachments, or to inspect, reinspect or perform your walk-through inspection of the property, as they are not qualified to make such
specialized determinations
4. MULTIPLE OFFERS. Even though you may have entered into an authorized brokerage relationship with Broker, you understand and agree that
multiple offers may be presented on the property on which you make an offer, including offers through other of Broker's sales associates who have
entered into similar brokerage relationships with other prospective buyers. A seller is under no obligation to negotiate offers in the order received and
it is at the seller's discretion as to which offer to accept, reject or negotiate. You should not assume that your offer has been accepted until a fully
executed contract has been delivered to you,
5. THIRD PARTY VENDORS. As a courtesy, Broker and its representatives may provide you with one or more names of service providers including,
but not limited to, home inspectors, engineers, contractors, repairpersons, or attorneys that other consumers have used or of whom we are aware.
The providing of such names shall not in any way be construed to be a recommendation or endorsement of, nor is Broker or its representatives
warranting the work of, any of the named providers, The final choice of any service provider rests solely with you and you are free to choose any
provider, whether the name appears on any list or not. You agree to hold Broker harmless from any and all claims or losses that in any way arise out
of, or relate to, the selection or use of any such service provider.
6. PROPERTY TAXES. As a prospective buyer, you should not rely on the seller's current property tax assessment as the amount of property tax that
you may be obligated to pay. A change of ownership or property improvements may trigger reassessment of the property to market value that could
result in higher property taxes.
7, MOLD DISCLOSURE. Conditions in Florida can be conducive for mold growth. As a prospective buyer, you should pay attention to any visual
signs of the presence of mold or the presence of mildew odors If this is important to you, you should add a provision to your contract offer that gives
you the right to conduct a mold inspection to determine whether mold is present. For more information, go to the EPA website at www.epa.govliaq
and click on "Mold Resources".
8. AMERICANS WITH DISABILITIES ACT. As an owner or tenant of the property, you may be subject to the Americans with Disabilities Act, 42
U.S.C. 312001 et seq., the Florida Americans with Disabilities Accessibility Implementation Act, Fla. Stat. 3553.501 et seq" or other related or
similar federal, state or local laws, rules or regulations, Among other requirements, you may be required to remove barriers to access by disabled
persons and provide auxiliary aids and services for hearing, vision, or speech impaired persons Broker and its representatives recommend that you
consult with an attorney to determine the nature and extent of such requirements, if any. You agree to be responsible for conducting your own
independent investigation and not to rely in any way on any representation by Seller! Landlord or Broker or its representatives in connection
therewith.
9. PROPERTY DATA. Broker and its representatives may provide you with available property and investment information including, but not limited to,
zoning, land use, property taxes, rent rolls, budgets, financial statements and reports, projections and property condition reports. This information
may be obtained from various sources including but not limited to the property owner, public records, and commercial property exchange services.
Allhough Broker and its representatives believe this information is reliable, they do not warrant it and further recommend that you consult with an
attorney, accountant or other appropriate professional to determine the suitability of the property.
10. RADON. Radon is a naturally occurring radioactive gas that, when accumulated in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your county publiC health unit.
11, PROFESSIONAL SERVICES FEE. You agree to pay Broker a Professional Services Fee of $295.00 at closing. This fee will not be due if, for any
reason, closing does not occur.
12. GOVERNING LAW, VENUE, LIMITATION OF LIABILITY, AND WAIVER. In the event of any dispute arising out of or in any way relating to your
purchase of property or the relationship between you and Broker, it is agreed that (i) Florida law shall govern, (i1) venue shall be exclusively in the
state courts of Broward County, Florida, (iii) any claim by you for damages of any nature shall not exceed the amount of the commission that Broker
was paid, or would have been paid, in connection with the transaction, and (iv) BROKER AND YOU KNOWINGLY AND VOLUNTARILY WAIVE
ANY CLAIM FOR PUNITIVE DAMAGES AND ANY RIGHT TO JURY TRIAL IN ANY LITIGATION.
13. AFFILIATED BUSINESS DISCLOSURE. You acknowledge receipt of Broker's Affiliated Business Arrangement Disclosure Statement.
As a condition of Broker's representation of you, you agree to the foregoing.
Buyer:
Date
Buyer:
Date
Copyright 2006 Coldwell Banker Commercial NRT
An Equal Opportunity Company. An Equal Housing Opportunity. Owned and Operated by NRT, Incorporated (06/06)
Form generated by TrueForms'. from Il.EVEAL~ SYSTEMS, Ine 800-499-9612
-----~~-_..__._----~---------_.~---~_. ._-~-----_._._~--_._,------
_I
NRT I
Brokerage Relationship Disclosure
FLORIDA ASSOCIATION OF REAL TORS@
TRANSACTION BROKER NOTICE
As a transaction broker, Coldwell Banker Commercial NRT and its associates, provides to you a limited form of
representation that includes the following duties:
1. Dealing honestly and fairly;
2. Accounting for all funds;
3. Using skill, care, and diligence in the transaction;
4. Disclosing all known facts that materially affect the value of residential real property and are not readily observable to
the buyer;
5. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee
otherwise in writing;
6. Limited confidentiality, unless waived in writing by a party, This limited confidentiality will prevent disclosure that the
seller will accept a price less than the asking or listed price, that the buyer will pay a price greater than the price
submitted in a written offer, of the motivation of any party for selling or buying property, that a seller or buyer
will agree to financing terms other than those offered, or of any other information requested by a party to remain
confidential; and
7. Any additional duties that are entered into by this or by separate written agreement.
Limited representation means that a buyer or seller is not responsible for the acts of the licensee, Additionally, parties are
giving up their rights to the undivided loyalty of the licensee. This aspect of limited representation allows a licensee to
facilitate a real estate transaction by assisting both the buyer and the seller, but a licensee will not work to represent one
party to the detriment of the other party when acting as a transaction broker to both parties,
Signature
Date Signature
Copy returned to Customer on the day of
by: D personal delivery D mail D facsimile,
Copyright 2006 Coldwell Banker Commercial NRT
An Equal Opportunity Company. An Equal Housing Opportunity. Owned and Operated by NRT, Incorporated (rev. 7/06)
Form generated by: TrueForms'" www.TrueForms.com
800-499-9612
~
NRT
BUYER'S ESTIMATED EXPENSES
PROPERTY ADDRESS: 208 NE 1st ST, Boynton Beach, FL 33435.3809
PURCHASE PRICE
LOAN AMOUNT
Title Insurance
Recording Deed and Mortgage
Closing Fee
Title Exam Fee
Appraisal Fee
Discount Points
Mortgage Title Insurance
Survey
Recording Purchase Money Mortgage (if held by seller)
Documentary Stamps (.35/$100)
State Intangible Tax (,002/$100)
Mortgage Origination fee (1 %)
T ax Service Fee
Attomey Fee
Email Documents
Disbursement Fee
Document Preparation Fee
Building & Termite Inspection
Environmental Inspection
Soils Test
Application Fee
Professional Services Fee to Coldwell Banker*
Other Endorsments, Warehouse Fee, S&H, FI Form 9, etc.)
ESCROW DEPOSITS/PREPAIDS:
Interim Interest _ days @ /day
Taxes _ mos. @ /mo
Bldg. Insurance _ mos, @ /mo.
Flood Insurance _ mos. @ /mo.
Mortgage Insurance _ mos, @ /mo.
TOTAL CLOSING COSTS
PLUS TOTAL DOWN PAYMENT:
ESTIMATED CLOSING MONNIES
ESTIMATED MONTHLY PAYMENTS
Principal and Interest (@7% Interest)
Taxes
Insurances
Other
ESTIMATED TOTAL
$
640,00000
$
$
$
300.00
100.00
2,00000
$
350.00
$
$
$
$
1,50000
$
$
300.00
300.00
$
$
300.00
See Good Faith Estimate
See Good Faith Estimate
See Good Faith Estimate
See Good Faith Estimate
See Good Faith Estimate
$ 5,15000
$ 640,000.00
$ 645,150.00
$0.00
See Good Faith Estimate
See Good Faith Estimate
See Good Faith Estimate
See Good Faith Estimate
*State law requires real estate companies to maintain files and records and to make them available for state inspection on all transactions
performed by the company for at least 5 years. The Professional Services Fee paid to Coldwell Banker is intended,
in part, to assist in covering the cost of processing, storage, and maintenance of those records.
I/We understand that the above closing costs and figures, including the amount of existing mortgages, are estimates and intended
only as a guide. The final cost and all prorations will be determined by the closing agent and the approved financing, IIWe further understanC
that COLDWEll BANKER COMMERCIAL NRT in no way warrants or guarantees any of the above estimated figures and Buyer
agrees to contact the closing agent directly for exact figures when available.
Buyer acknowledges that this Buyer's Estimated Expenses form has been provided to Buyer prior to signing a Contract for Sale
and Purchase for the Property.
Buyer
Buyer
Date
Independently Owned and Operated by NRT INCORPORATED
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APPRAISAL OF
208 NORTHEAST 1ST STREET
AND ADJOINING LOT
ON NORTHEAST I ST AVENUE
BOYNTON BEACH, FLORIDA
JEFFREY & ELIZABETH SHAFFER
FOR
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
BY
ROBERT B. BANTING, MAl, SRA
STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER RZ4
AND
GARY K. ORR
STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER RZ2335
WITH
ANDERSON & CARR, INC.
521 SOUTH OLIVE AVENUE
WEST PALM BEACH, FLORIDA 33401
DATE OF VALUE: FEBRUARY 26, 2006
DATE OF REPORT: FEBRUARY 28,2007
FILE NO.: 270120.000
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ROBERT B. BA:--iTl'iG, MAL SRA, PRESIDE'iT
State-Certified General Real Estate Appraiser RZ4
FR.'\!\K J. CARDa, ~1AI, VICE PRESIDENT
State-Certified Gellera] Real Estale Appraiser RZI190
~()~V~f)~ '" C4.I:>l2~ I~ClD
(( (( (((( (((( (( (((( (( (( (( (( (( (( (( (( (( (( (((( (( (( (( (( (( (( (( (( (( (( (((( (((( (( Appraisers . Realtors >>>>>>>>>>>>>>>>>>>> >>>>>>>>>>>> >>>>>>))>> >> >> >>>>>>>> >>)) ))>> >))>>>))>>))>>))))
521 SOUTH OLIVE .'\ VENUE
WEST PALM BEACH, FLORIDA 33401
www.andersoncarr.com
Telephone (561) 833-1661
Fax (56]) 833-0234
February 28, 2007
Qya!Jty c'iefV!Ce c!5mce 1947
Vivian Brooks, Planning Director
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, Florida 33435
Dear Ms. Brooks:
At your request, we have appraised the real property situated in the northeast quadrant of
Northeast 1st Street and Northeast 1 Sl Avenue in central Boynton Beach, Florida, The purpose
of this appraisal is to estimate the market value, fee simple estate of the subject, as of February
26, 2007. The intended use of this report is for purchase considerations. The intended user of
this report is the client, the Boynton Beach Community Redevelopment Agency.
The subject site is an 'L' shaped tract that wraps around a corner parcel. The subject has 62.5
feet on Northeast I't Street and 110 feet on Northeast 1't Avenue. It contains a total of 20,750
square feet which is 0.48 acres. The property is improved with a small, older, wood frame single
family home that faces Northeast 1'1 Street. However, the value of the property lies in the land
due to the age, condition, design, and size of the improvements.
The property is located in a redevelopment area, the Ocean District Community
Redevelopment Area, with community intentions of mixed use redevelopment for the locale.
The highest and best use of the subject lot is for residential, mixed use, or assemblage for a
larger project. The property is zoned for residential use but its location next to the city
municipal complex and commercial uses along Boynton Beach Boulevard suggest the highest
and best use would be for use in a mixed use project. Zoning and land use changes incorporate
this into changes being made to current regulations in order to implement the redevelopment
plan.
We have used the Sales Comparison Approach in valuing the subject property as it is vacant
land. The Cost and Income Capitalization Approaches are not applicable.
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~Uf.t:?S()~ &: CAE2[?~ [~C.
Vivian Brooks, Planning Director
Boynton Beach Community Redevelopment Agency
February 28, 2007
As a result of our analysis, we have developed an opinion that the market value
of the subject property (as defined in the report), subject to the definitions,
certifications, assumptions, limiting conditions, as set forth in the attached
report, as of February 26, 2007, was:
SIX HUNDRED TWENTY-FIVE THOUSAND DOLLARS
($625,000)
The following presents the appraisal in a summary report. This letter must
remain attached to the report, which contains 38 pages, in order for the value
opinion set forth to be considered valid. Your attention is directed to the
Assumptions and Limiting Conditions, which follow.
Respectfully submitted,
~C~R:~
Robert B. Bantlll~ SRA
State.~ e ~ ed Genera~eal yry ~ppraiser RZ4
~~~0/. ~
Gary K. 0
State-Ce . led General Real Estate Appraiser RZ2335
RBB/GKO:bar
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4.~()f:t:2S{)~ 8.: CA.I:![\, I~C.
TABLE OF CONTENTS
Summary Of Important Facts And Conclusions
Certification .................................. '.... , . ... .. ." ... ,.
Assumptions And Limiting Conditions
Subject Property Photos... ...,....
Location / Area Maps.........,.....
Satellite Images.. ........ ...............
Plat Maps..."......".,..,..,.,
Purpose And Date Of AppraisaL... .
Property Appraised ..."..........,
Legal Description., .
Client...................... ....
Intended Use And User...
Scope Of Assignment / Work.
Property Rights Appraised .........
Definition Of Market Value..
Natural, Cultural, Recreational,
Neighborhood Data.. ........... ,
Property Data....,........., .........., .
Owner Of Record... ...,......., .,... ,..
Palm Beach County Property Control Number...,... ..
Assessed Value And Taxes... , ... .......
Flood Zone..... . ...........
Census Tract ... ...
Utilities... ............ .
Zoning/Land Use Plan.......
Concurrency.......... ... .... .....
Sales History ....... .....,.......
Site Analysis .............................
Improvement Analysis......, .
Highest And Best Use......
The Valuation Process ............
Sales Comparison Approach.,.., .
Summary And Conclusion ....
Page No.
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4
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12
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38
Qualifications for Robert B. Banting, MAl, SRA, St. Cert. Gen. REA RZ4
Qualifications for Gary K. Orr, St. Cert. Gen. REA RZ2335
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A~[)f:]:2~()~ &: CAl?l!~ (~C.
SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS
Client:
Boynton Beach Community
Redevelopment Agency
Property Owner:
Jeffrey & Elizabeth Shaffer
Property Rights Appraised:
Fee Simple
Special Assumption:
N one special
Unusual Market Externality:
None
Location:
Northeast quadrant of
Northeast 1'1 Street and
Northeast 1'1 Avenue one-half
block south of East Boynton
Beach Boulevard and one
block east of North Seacrest
Boulevard, Boynton Beach,
Florida.
Site/Land Area:
20,750 SF / 0.48 Acres
Improvements:
1,326 square foot wood frame
home built in 1932.
Hazardous Waste Conditions:
None apparent
Zoning:
Current:
Planned:
R3 (Multi-Family)
Mixed Use Low 3
Comprehensive Land Use:
Current:
Planned:
High Density Residential
Mixed Use
Flood Zone & Map Number:
Zone 'C', Map 120196-0003-C,
Dated September 30, 1982.
A.~f)f:l?~()~ & C4[?l?'!l I~C.
Current Uses:
Residential/vacant. Value of
property is in the land.
Highest and Best Use:
Residential,
Assemblage
Mixed
Use,
Value Conclusions:
Cost Approach:
Income Capitalization Approach:
Sales Comparison Approach:
N/A
N/A
$ 625,000
Final Value Conclusions:
$ 625,000
Date of Value:
Date of Report:
Date of Inspection:
February 26, 2007
February 28, 2007
February 26, 2007
Appraisers:
Robert B. Banting, MAl
State-Certified General
Real Estate Appraiser RZ4
Gary K. On
State-Certified General
Real Estate Appraiser RZ2335
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CERTIFICATION
I certify that, to the best of my knowledge and belief:
The statements of fact contained in this report are true and correct.
The reported analysis, opinions, and conclusions are limited only by the reported assumptions
and limiting conditions and are my personal, impartial, and unbiased professional analyses,
opinions, and conclusions.
I have no present or prospective interest in the property that is the subject of this report, and no
personal interest with respect to the parties involved.
I have no bias with respect to the property that is the subject of this report or to the parties
involved with this assignment.
My engagement in this assignment was not contingent upon the developing or reporting
predetermined results,
My compensation for completing this assignment is not contingent upon the development or
reporting of a predetermined value or direction in value that favors the cause of the client, the
amount of the value opinion, the attainment of a stipulated result, or the occurrence of a
subsequent event directly related to the intended use of this appraisal.
The reported analyses, opinions, and conclusions were developed, and this report has been
prepared in conformity with the requirements of the Code of Professional Ethics & Standards of
Professional Appraisal Practice of the Appraisal Institute which include the Uniform Standards
of Professional Appraisal Practice.
The use of this report is subject to the requirements of the Appraisal Institute and the State of
Florida Division of Real Estate, Florida Rcal Estate Appraisal Board, relating to review by their
duly authorized representatives.
As of the date of this report, Robert B. Banting, MAl, SRA has completed the continuing
education program of the Appraisal Institute.
Robert B. Banting and Gary K. Orr made a personal inspection of the subject property.
No one provided significant real property appraisal assistance to the person signing this
certification.
~.~
State-Certified General
Real Estate Appraiser RZ4
r
. ied General
te Appraiser RZ2335
3
.&.~U~[!S()~ &: CAV[)., (I~C.
ASSUMPTIONS AND LIMITING CONDITIONS
1. Unless otherwise stated, the value appearing in this appraisal represents our
opinion of the market value or the value defined AS OF THE DATE SPECIFIED.
Values of real estate are affected by national and local economic conditions and
consequently will vary with future changes in such conditions.
2. Possession of this report or any copy thereof does not carry with it the right of
publication nor may it be used for other than its intended use. The physical report(s)
remains the property of the appraiser for the use of the client. The fee being for the
analytical services only. The report may not be used for any purpose by any person or
corporation other than the client or the party to whom it is addressed or copied without
the written consent of an officer of the appraisal firm of Anderson & Carr, Inc. and the
client stated herein, and then only in its entirety.
3. Neither all nor any part of the contents of this report shall be conveyed to the
public through advertising, public relations efforts, news, sales or other media without
written consent and approval of an officer of Anderson & Carr, Inc. and the client nor
may any reference be made in such public communication to the Appraisal Institute or
the MAl, SRA or SRP A designations.
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4. The appraiser may not divulge the material contents of the report, analytical
findings or conclusions, or give a copy of the report to anyone other than the client or
his designee, as specified in writing except as may be required by the Appraisal
Institute, as they may request in confidence for ethics enforcement or by a court of law
or body with the power of subpoena.
5. Liability of Anderson & Carr, Inc. and its employees is limited to the fee
collected for the appraisal. There is no accountability or liability to any third party.
6. It is assumed that there are no hidden or unapparent conditions of the
property, subsoil, or structures that make it more or less valuable. The appraiser
assumes no responsibility for such conditions or the engineering that might be required
to discover these facts.
7. This appraisal is to be used only in its entirety. All conclusions and opinions
concerning the analysis which are set forth in the report were prepared by the
appraisers whose signatures appear on the appraisal report. No change of any item in
the report shall be made by anyone other than the appraiser and the appraiser and firm
shall have no responsibility if any such unauthorized change is made.
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A~()~VS()~ & CA..f:!l!~ I~C.
8. No responsibility is assumed for matters legal in character or nature, nor
matters of survey, nor of any architectural, structural, mechanical, or engineering
nature. No opinion is rendered as to the title, which is presumed to be good and
merchantable. The property is appraised as if free and clear, unless otherwise stated in
particular parts of the report.
9. No responsibility is assumed for accuracy of information furnished by or from
others, the clients, his designee, or public records. We are not liable for such
information or the work of subcontractors. The comparable data relied upon in this
report has been confirmed with one or more parties familiar with the transaction or
from affidavit. All are considered appropriate for inclusion to the best of our
knowledge and belief.
10. The contract for appraisal, consultation or analytical service is fulfilled and the
total fee payable upon completion of the report. The appraiser or those assisting the
preparation of the report will not be asked or required to give testimony in court or
hearing because of having made the appraisal in full or in part; nor engaged in post-
appraisal consultation with client or third parties, except under separate and special
arrangement and at an additional fee.
11. The sketches and maps in this report are included to assist the reader and are
not necessarily to scale. Various photos, if any, are included for the same purpose and
are not intended to represent the property in other than actual status, as of the date of
the photos.
12. Unless otherwise stated in this report, the existence of hazardous material,
which mayor may not be present on the property, was not observed by the appraiser.
The appraiser has no knowledge of the existence of such materials on or in the
property. The appraiser, however, is not qualified to detect such substances. The
presence of substances such as asbestos, urea-formaldehyde foam insulation or other
potentially hazardous materials may affect the value of the property. The value
estimate is predicated on the assumption that there is no such material on or in the
property that would cause a loss in value. No responsibility is assumed for any such
conditions, or for any expertise or engineering knowledge required to discover them.
The client is urged to retain an expert in this field, if desired,
13. The distribution of the total valuation of this report between land and
improvements, if any, applies only under the existing program of utilization. The
separate valuations for land and building must not be used in conjunction with any
other appraisal, no matter how similar and are invalid if so used.
5
A~[)(,J2S()~ &: CAI:!V~ I~C.
14. No environmental or impact studies, special market studies or analysis, highest
and best use analysis study or feasibility study has been requested or made unless
otherwise specified in an agreement for services or in the report. The appraiser
reserves the unlimited right to alter, amend, revise or rescind any of the statements,
findings, opinions, values, estimates or conclusions upon any subsequent such study or
analysis or previous study or analysis, subsequently becoming known to him.
15. The value estimated in this appraisal report is gross without consideration given
to any encumbrance, restriction or question of title, unless specifically defined. The
estimate of value in the appraisal report is not based in whole or in part upon the race,
color or national origin of the present owners or occupants of the properties in the
vicinity of the property appraised.
16. This appraisal report has been prepared for the exclusive benefit of the
Boynton Beach Community Redevelopment Agency for acquisition considerations. It
may not be used or relied upon by any other party. Any party who uses or relies upon
any information in this report, without the preparer's written consent, does so at his
own risk.
17. ACCEPTANCE OF, AND/OR USE OF THIS APPRAISAL REPORT
CONSTITUTES ACCEPTANCE OF THE PRECEDING CONDITIONS.
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"i.~()~[!S()~ &: CADV~ E~C.
SUBJECT PROPERTY PHOTOS
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Front view of the subject on Northeast 1st Street.
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Front view of the subject on Northeast 1st Street.
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Rear view of the subject on Northeast 1'1 Street.
Front view of the subject on Northeast 1'1 Avenue.
A~()f:VS()~ 80: CAVV", I~C.
Rear view of the subject on Northeast pt Avenue.
View looking west from Northeast 2nd Street
with the subject on the left.
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~[)~[?S{)~ 8. CA.VV~ I~C.
View looking west on Northeast 1'1 Avenue with the subject on the right.
View looking east on Northeast 1'1 Avenue
with the subject on the left.
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A~()I:VS()~ & CAVl?~ I~C.
View looking north on Northeast 1'1 Street
with the subject in the distance on the right.
View looking south on Northeast 1 sl Street with the subject on the left.
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A~()('[?S()~ & CAE:?P.. I~C.
LOCATION / AREA MAPS
lo eW(lI' I
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Ocean District Community
Redevelopment Area
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SATELLITE IMAGES
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PLAT MAPS
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A~[)E[;:S()~ & CA.[?[?~ I~C.
PURPOSE AND DATE OF APPRAISAL
The purpose of this appraisal is to estimate the market value, fee simple estate,
of the subject property, as of February 26, 2007.
PROPERTY APPRAISED
The subject property consists of a 20,750 square foot 'L' shaped tract of land
which is improved with a 1,326 square foot, wood frame, single family hom'e
built in 1932. The property fronts Northeast }'I Street and Northeast }'I Avenue
wrapping around a corner parcel. It is situated one-half block south of East
Boynton Beach Boulevard and one block east of North Seacrest Boulevard
within the Ocean District Community Redevelopment area. The value of the
property lies in the land for mixed use redevelopment.
LEGAL DESCRIPTION
The North 1/2 of Lots 11 and 12, and all of Lots 13 and 14, Block 3, Town of
Boynton, Plat Book 1, Page 23, Palm Beach County. Florida.
Source: Most recent deeds (OR 14989/0063, 14989/0211).
CLIENT
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, Florida 33435
INTENDED USE AND USER
The intended use of this report is for acquisition considerations. The intended
user of this report is the client, the Boynton Beach Community Redevelopment
Agency.
This report has been prepared utilizing generally accepted appraisal guidelines,
techniques, and methodologies as contained within the Uniform Standard of
Professional Practice (USP AP), as promulgated by the Appraisal Foundation.
As State-Certified Appraisers, we are bound by these standards and regulated
by the Florida Real Estate Appraisal Board of the Florida Department of
Professional Regulation.
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SCOPE OF ASSIGNMENT I WORK
In keeping with the purpose of the appraisal and the appraisal process, the
appraisers have engaged in original research to provide a complete analysis for
the client. Data from analysis has been gathered from various sources, such as
the Palm Beach County Public Records, First American Real Estate Solutions,
CoStar Group, county and local planning & zoning departments, local realtors,
property owners, and other appraisal offices.
The product of our research and analysis is formulated within this report for
analysis of and direct comparison with the subject property being appraised.
Additionally, we have used original research performed in preparation of other
appraisals by this office, which is considered appropriate for the subject
property.
This appraisal is presented in a summary report.
PROPERTY RIGHTS APPRAISED
Fee simple estate is defined as absolute ownership unencumbered by any other
interest or estate, subject only to the limitations imposed by the governmental
powers of taxation, eminent domain, police power, and escheat.
Source: The Dictionary of Real Estate Appraisal, Fourth Edition, American Institute of Real
Estate Appraisers, 2002, Pg 113.
DEFINITION OF MARKET VALUE
The most probable price which a property should bring in a competitive and
open market under all conditions requisite to a fair sale, the buyer and seller
each acting prudently, knowledgeably, and assuming the price is not affected by
undue stimulus. Implicit in this definition is the consummation of a sale as of a
specified date and the passing of title from seller to buyer under conditions
whereby: buyer and seller are typically motivated; buyer and seller are well
informed or well advised, and acting in what they consider their best interest; a
reasonable time is allowed for exposure in the open market; Payment is made in
cash in U. S. dollars or in terms of financial arrangements comparable thereto;
and the price represents normal consideration for the property sold unaffected
by special or creative financing or sales concessions granted by anyone
associated with the sale.
Source: 12 C.F.R. Part 34.42 (g); 55 Federal Register 34696, August 24, 1990, as amended at 57
Federal Register 12202, April 9, 1992; 59 Federal Register 29499, June 7, 1994.
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NATURAL, CULTURAL, RECREATIONAL,
HISTORICAL OR SCIENTIFIC SIGNIFICANCE
To the best of our knowledge the subject property does not possess any natural,
cultural, recreational, or scientific value. If this assumption is incorrect and the
subject property does in-fact exhibit any of these values the appraiser reserves
the right to revise this report in order to analyze these factors, which may result
in a revised estimate of value.
NEIGHBORHOOD DATA
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The subject property is located in a mixed use locale in central Boynton Beach
within the Ocean District Community Redevelopment Area. The western
portion of the locale is primarily composed of community facilities including the
police and main fire stations, city hall, civic center, library, the old High School,
a large Baptist Church, and a playground. Boynton Beach Boulevard is a major
highway lined with commercial uses and an interchange 1-95. Ocean Boulevard
has recently been upgraded and includes a few commercial uses, a house or two,
and several multi-family properties. The center of the area and to the south of
Ocean Avenue contains mostly single and multi-family properties. The eastern
edge has mixed uses with some light industrial in the north, commercial uses
and several vacant tracts in the center, and multi-family uses in the south.
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The community redevelopment plan basically calls for enhancement of existing
uses; civic in the west, commercial along Boynton Beach Boulevard, multi-
family in the center and single family in the south.
Originally, it appears that primarily commercial uses were intended between 3rd
Street and the CSX Railroad. This area from Ocean Avenue to north of
Boynton Beach Boulevard contains one house, three vacant tracts, with the
remainder of the land in commercial use. This area is now planned for mixe~
use with multi-family projects that include commercial space on Boynton Beach
Boulevard and Ocean Avenue.
In general, the single and multi family housing in the area is dated but in
generally good condition. The commercial uses on Ocean Avenue and off of
Boynton Beach Boulevard are also dated and in need of renovation.
Revitalization of the subject neighborhood is evident from the renovations
along Boynton Beach Boulevard including noticeable renovations and new
construction of the civic facilities. The subject is across the street from the main
fire station and adjoins commercial properties to the north.
Property values dramatically increased over the past several years but the real
estate market became more stable during early 2006 with a trend of stable to
declining values within some markets later in the year. Revitalization of the
locale has been taking place and further redevelopment is eminent but as a
result of market conditions may be more long term.
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PROPERTY DATA
Owner of Record
Jeffrey and Elizabeth Shaffer.
Palm Beach County Property Control Numbers
08-43-45-28-03-003-0112 and 08-43-45-28-03-003-0130
Assessed Value and Taxes
The subject property is currently assessed by the Palm Beach County Property
Appraisers offke with a total value of $296,687, of which $94,346 is for the
improvements and 202,341 is for the land, indicating a 2006 real estate tax liability
of $6,664. The subject consists of two property cards and the tax liability on one
was paid on December 4, 2006 but the other has not been paid with $2,486
currently due.
Flood Zone
The subject property was been found to be located on the National Flood
Insurance Program Map, Community Panel Number 120196-0003-C dated
September 30, 1982. This map depicts that the subject lots are situated within an
area designated as Flood Zone "C".
Census Tract
The subject property is located within Census Tract 0061.00.
Utilities
The subject property has available all customary public utilities.
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Zoning I Land Use Plan
The subject property is located within an area of the City of Boynton Beach with
a R-3 (Multi-Family Residential) zoning and an HDR (High Density
Residential) land use plan designation. The Ocean District Community
Redevelopment Plan and planned revisions to the zoning and land use maps
have the subject slated for a Mixed Use Low 3 zoning and Mixed Use Low land
use plan designation.
Theoretically, the subject could be developed for residential use under current
regulations. However, in reality use of the subject would need to conform with
the pending zoning and land use changes.
The Mixed Use Low zoning and land use designations are primarily for
residential development with a commercial element when appropriate.
Concurrency
Concurrency would most likely not be a development issue for a small parcel
like the subject or, if assembled, the larger overall project would need
concurrency approvals based on its size and scope.
Sales History
The subject property was purchased by the current owners in March 2003 under
two deeds for a total of 165,000 (OR 14989/0063 and 0211). Just prior to the
sale, the property had been operated as a day care center but it is now used for
single family rental purposes. According to the owner, the property is for sale
with an asking price of $650,000, reduced from a previous asking price of
$900,000.
Site Analysis
The subject site is an 'L' shaped parcel surrounding a corner tract. It is an 'L'
shaped parcel composed of two rectangular lots; a 62.5 x 112 foot tract on
Northeast 1't Street and a 110 x 125 + foot tract on Northeast 1 sl Avenue. The
property contains a total of 20,750 square feet or 0.48 acres. The larger tract
backs to a platted alley with a platted road along the east side, however, neither
the alley nor road have been installed.
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The site is more or less level at or near road grade and appears to be composed
of typical loose south Florida sand. No easements were noted but there is an old
building slab, appears to have been a garage, centered along the east property
line of the adjoining corner parcel and the easterly subject tract.
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Improvement Analysis
The subject property is improved with a one-story, wood frame single family
home with crawl space foundation, composition shingle roof, double and single
hung windows which was built in 1932. The interior is of wood and drywall walls
and ceilings with hard wood floors. It has two bedrooms and two full baths plus
dinning room, living room and kitchen. The structure contains 1,326 square feet
and has a rear 90 square foot porch.
The building was found to be in below average condition. It has a new roof and
the interior is generally average but numerous spots of rotten wood were noted
on the exterior.
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HIGHEST AND BEST USE
"Highest and Best Use" may be defined as the reasonably probable and legal use
of vacant land or an improved property, which is physically possible,
appropriately supported, financially feasible, and that results in the highest
value. The four criteria the highest and best use must meet are legal
permissibility, physical possibility, financial feasibility, and maximum
profitability.
Source: The Dictionary of Real Estate Appraisal, Fourth Edition, 2002, Appraisal Institute, pg.
135.
The subject property is zoned for residential and/or mixed use. However, the
property has poor exposure for commercial use. It is situated in the Ocean
District Community Redevelopment Area with intentions of revitalizing the
locale. These planned use changes follow current market trends allowing
residential or mixed commercial/residential uses for urban redevelopment. The
subject location is better suited for this type of use with a commercial element
on or near Boynton Beach Boulevard and residential uses in the center of the
neighborhood. Parcel assemblages have become commonplace and have been
taking place within the immediate area. Supply of land suitable for mixed use
redevelopment south of Boynton Beach Boulevard or east of the CSX Railroad
is quickly diminishing. Demand has been strong but is abating with the softening
real estate market.
The highest and best use of the subject is for residential or commercial /
residential development or assemblage for a larger redevelopment project.
THE VALUATION PROCESS
Generally, the appraiser uses three approaches to value in estimating the
market value of a particular property. These approaches are the Cost Approach,
the Income Capitalization Approach, and the Sales Comparison Approach. In
this case, the only applicable approach is the Sales Comparison Approach. The
Cost and Income Capitalization Approaches are not applicable as the subject is
vacant land. The omission of this approach is not considered misleading to the
client or necessary for a creditable estimate of value.
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SALES COMPARISON APPROACH
A search of various County Official Records, local multiple listing service
records, discussions with local brokers and appraisers and a personal inspection
of the subject area produced several sales for comparison with the subject.
We researched numerous vacant land sales and listings in urban Boynton Beach
and have selected several as representative of the subject market.
The elements of comparison include date of sale, conditions of sale, location,
size, configuration, frontage, access, and exposure. The measure of comparison
among the comparable sales is the sale price per square foot, as this method is
easy to understand, reflects a correlation between sales, and is commonly used
by participants in this market segment.
We then reconciled the comparables' value indications to reach a value
indication for the subject.
The sales are summarized on the following pages, and the analysis follows.
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SALE NO.1
Our File: 270058 - 13B & 15B
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OR Book 18286, Page 1182 Deed Dated March 14,2005
Grantor:
Boynton Auto Supply, Inc.
Grantee:
Boynton Shipwreck, Inc.
Legal:
Lot 2, and Lots 11 to 13, Block 2, Town of Boynton, Plat
Book 1, Page 23, Palm Beach County, Florida
Parcel No.'s:
08-43-45-28-03-002-0020 and 08-43-45-28-03-002-0080
Location:
East Boynton Beach Boulevard and Northeast 15t Avenue
at the west side of the CSX Railroad in downtown Boynton
Beach, Florida.
Zoning:
C-2 and C-3 - Commercial by the City of Boynton Beach
Land Use:
LRC - Local Retail Commercial by the City of Boynton
Beach
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A~[)~l?S()~ & CAVE:?., [~C.
Utilities:
Water and sewer
Site Size:
Two slightly irregular shaped parcels separated by an alley.
The East Boynton Beach Boulevard tract has about 50 feet
on the roadway and contains 6,000 square feet. The
Northeast F Avenue parcel contains 18,000 square feet.
Total area is 24,000 square feet or 0.55 acres.
Sales Price:
$650,000
Price/SF Land:
$27.08
Financing:
Cash to seller
Comments:
Sale verified to be arms-length with buyers attorney, Arthur D'Almeida, on
January 3, 2007. The deed represents only part of the transaction. Boynton
Auto Parts was selling their store and rear vacant land for $650,000 but needed
some quick cash. The rear parcel was recorded at $175,000 in March 2005 with
the reminder to close March 2007. The overall sale is part of an assemblage for
redevelopment. The old auto parts store is a dated property containing 2,484
square feet built in 1971. It has temporary been leased to a mattress company.
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A~U~l?~()~ &: CAVV., I~C.
SALE NO.2
Our File 250589, 270051- 15B
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O.R. Book 18342, Page 1646
Deed Dated March 18, 2005
Grantor:
Jarrett Shapiro
Grantee:
Mariza Torraco
Legal:
Lot 19, Block 54-A, Lake Boynton Estates Plat 4-A, Plat
book 14, Page 69, Palm Beach County, Florida.
Parcel Number:
08-43-45-29-23-054-0190
Location:
North side of Northwest ]'1 Avenue just south of West
Boynton Beach Boulevard about V4 mile west of 1-95,
Boynton Beach, Florida.
Zoning:
C2 - Neighborhood Commercial by City of Boynton Beach
Land Use:
LRC - Local Retail Commercial by City of Boynton Beach
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Utilities:
All available to site.
Site Size:
Rectangular shaped site containing .1320 acres or 5,750
square feet.
Sale Price:
$193,000
Price Per SF:
$33.57
Financing:
$154,000 adjustable rate loan with Fremont Investors and
Loan
Comments:
Sale confirmed with Anne E. Wall of Southeastern Alliance Title Agency, in
September 2005, who verified the sale price and stated that the sale was an arm's
length transaction with no unusual circumstances involved. (ies , gko)
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SALE NO.3
Our File: 260762, 270051 - 15B
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OR Book 19047, Page 1383
"IT"""n .
Deed Dated August 4, 2005
Grantor:
Phoenix Real Estate Investment Group, Inc.
Grantee:
Maysoon Realty, Inc.
Legal:
Long legal in lots 12 through 16, Block 1, Lake Addition,
Plat Book 11, Page 71, Palm Beach County, Florida
Parcel No.'s:
08-43-45-21-32-001-0120 and 08-43-45-21-32-001-0160
Location:
The west side of Federal Highway, two blocks south of
Northeast 10th Avenue, Boynton Beach, Florida.
Zoning:
C-4 - Commercial General by the City of Boynton Beach
Land Use:
GC - General Commercial by the City of Boynton Beach
Utilities:
Water and sewer
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A~I)~[!S()~ &: CA.t:?t:?., I~C.
Site Size:
A rectangular parcel on Federal Highway, containing
approximately 26,105 square feet.
Sales Price:
$825,000
Price/SF Land:
$31.60
Financing:
$425,000 mortgage with Iardack Investment Corporation
Comments:
Sale verified to be arms-length with George Mobassaleh, managing member of
Maysoon Realty, Inc. on January 3, 2007. The property remains vacant with
plans for office building development. (ecn)
I,
32
AN()~PS()~ & CAl2[?., I~C.
SALE NO.4
Our File: 270058 - l3B & 15B
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OR Book 20159, Page 1946 Deed Dated April 6, 2006
Grantor:
James T. Baiano and Adriana Kovalovska
Grantee:
James S. Ploen Revocable Trust
Legal:
Lot 11, less the West 175 feet, Block b, Pence's Subdivision
No.1, Plat Book 1, Page 33, Palm Beach County, Florida
Parcel No.'s:
08-43-45- 28-07 -002-0111
Location:
Northwest corner of Southeast 5th Avenue and Southeast
4th Street one block west of South Federal Highway and
five blocks south of Ocean Avenue, Boynton Beach,
Florida.
Zoning:
C-3 - Commercial, Community by the City of Boynton
Beach
Land Use:
Commercial by City of Boynton Beach
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Utilities:
Water and sewer
Site Size:
About 123 x 76 feet containing 9,375 square feet or 0.22
acres.
Sales Price:
$335,000
Price/SF Land:
$35.73
Financing:
Cash to seller
Comments:
Sale verified to be arms-length with one of the buyers, James Ploen, and Sarah
Douglas, an attorney with the sellers title insurance company, on February 1,
2007. This property was improved with two old homes built in 1930 and 1950. It
was purchased for redevelopment with the buyer already owning two adjoining
lots to the west. (gko)
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LISTING A
Our File: 270058, 270120 - 13B & 15B
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Current Listing
January 31,2007
Owner:
Jeffrey and Elizageth Shaffer
Listing Agent:
Federico Rochwerger with Coldwell Banker Commecial
Legal:
The North Yz of Lots 11 and 12, plus Lots 13 and 14, Block
3, Town of Boynton, Plat Book 1, Page 23, Palm Beach
County, Florida
Parcel No.'s:
08-43-45-28-03-003-0112 and 08-43-45-28-03-003-0130
Location:
Northeast quadrant of Northeast rt Street and Northeast
rt Avenue one-half block south of Boynton Beach
Boulevard and one block east of Seacrest Boulevard,
Boynton Beach, Florida.
Zoning:
R-3 - Multi-family Residential by the City of Boynton
Beach
Land Use:
Multi-family Residential by City of Boynton Beach
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A~[)f:l?S{)~ & CA1212., E~C.
Utilities:
Water and sewer
Site Size:
An 'L' shaped parcel with a 110 x 125 foot tract on
Northeast F Avenue and a 62.5 x 112 foot tract on
Northeast Is1 Street containing a total of 20,750 square feet
or 0.48 acres.
Asking Price:
$650,000
Price/SF Land:
$31.33
Financing:
Seeking cash
Comments:
Listing data verified with the owner, Jeffrey Shaffer, and broker, Fedrico
Rochwerger, on February 26, 2007. This property consists of two connecting lots
forming an 'L' shaped parcel. The larger one on Northeast 151 Avenue is vacant.
The smaller one on Northeast 1'1 Street contains older wood frame home built
in 1932. The property is being marketed as vacant and suitable for
redevelopment. Mr. Shaffer stated he had turned down several offers but did
not disclose offer prices. He also stated that he had been seeking $900,000 but
had recently reduced the price to $650,000. This property last sold in March of
2003 for $165,000. (en, gko)
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:
LAND SALES SUMMARY CHART
Sale ORBk. Size Price Per
Date Page Location (Sq. Ft.) Price Sq.Ft.
1 18286 E. Boynton Beach and 24,000 $650,000 $27.08
Mar-OS 1182 NE 1st Ave., Boynton
2 18342 800 Blk of NW 1st Ave. 5,750 $193,000 $33.57
Mar-OS 1646 Boynton Beach
3 19047 800 Blk of N Federal Hwy. 26,105 $825,000 $31.60
Aug-05 1383 Boynton Beach
4 20159 400 Blk of SE 5th Ave. 9,375 $335,000 $35.73
Apr 06 1946 Boynton Beach
Subject Current NE 1st Ave. & NE 1st St. 20,750 $650,000 $31.33
Property Listing Boynton Beach
m NW1'lTH
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NW 13TH {"0RTH ~O \
NE 13TH SOUTH RD
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MARKET VALUE ESTIMATE:
$ 625,000
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Summary and Conclusion
The sales are situated within close proximity to the subject property in central
Boynton Beach. The listing represents the current asking price for the subject
property.
The sales represent parcels with similar potential to the subject. One is a
commercial tract; another has commercial land on two sides with commercial
potential. Two were purchased for assemblage and redevelopment. One sale i"s
located just east of the subject and the listing is the subject property.
Property values have generally softened over the recent past. The data indicates
only a minor overall increase between mid 2005 and present for this data set.
The data indicates sale prices around $30 to 35 per square foot with the upper
end of the range indicated for the smaller parcels.
The subject property lacks exposure on a main thoroughfare, is irregular in
shape, and has a size at the larger end of the range. Additionally, the softening
2006 real estate market has continued into 2007 and market conditions do not
appear to be improving. Therefore, a value at the lower end of the range is
warranted.
Based on the forgoing it is concluded that the market reflects a value of $30.00
per square foot for the subject site, as of January 29, 2007, with the total land
value calculated as follows.
20,750 Square Feet @ $30.00 Per Square Foot =
Rounded to:
$ 622,500
38
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: March 13,2007
AGENDA ITEM: IX. D.
I Consent Agenda
Old Business I X I
New Business I I
Public Hearing
Other
SUBJECT:
Launching of new CRA Website: www.boyntonbeachcra.com
SUMMARY: As part of the CRA's brand development and market positioning, AMBIT
Marketing worked with staff in creating a new web site to effectively promote the Agency's
development projects, financial assistance programs, public records and events. The new design targets
investors, developers, residents and business owners, and includes a link to the updated trolley site on
the home page.
The redesign allows staff control over daily maintenance of the site, to ensure information on the
following pages remains current and fresh:
· Home Page
· CRA Overview
· Projects
· Plans and Studies
· Programs and Grants
· Meetings
· Contact Us
An important feature of the new site includes an interactive eRA Projects Map, which viewers can
navigate to locate and learn about CRA funded projects, private development projects and City land
marks.
FISCAL IMP ACT: Cost budgeted in 2006/2007 from General Fund Budget
RECOMMENDA TIONS: Approve use of new CRA website.
~'P-::Ws~
Margee Adelsperger ,
Marketing and Communications Director
.
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 0313 CRA Board Meeting - March\New CRA Website.doc
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TO:
FROM:
CC:
SUBJECT:
DATE:
CRA Board
Robert Reardon, Assistant Director
Lisa Bright, Executive Director
AMENDED AGENDA
3/13/2007
We have attached an amended agenda \vith corrections f()r the following Items:
I. IV Agenda Approval - Added Consent Agenda under Item "c' and removed it from
\' I II.
2. CO;\SENT AGENDA
Under consent agenda removed "G" Dive Shop Lease and placed that item under
OLD BUSINESS "E". We ha\e changed the Consent Agenda SUmm3ry to reflect
the attorney's version of the ISSUe. The leases remain unchanged.
l:ndcr consent agenda eliminated ''1''
l;nder consent 3gcnda Item "Y, rensed cover sheet
3. YEW BUSINESS
amended item "B" to replace ent ire document
amended item "C" to replace cover sheet
added item "II" Second Amended i\1cdlation Agreement dISCUSSIon and
trans ter.
4 Renumbered "PULLED CONSENT AGENDA ITEMS" to VII
Please note that the alphabetical sequence ofltell1s have changed due to additions and deletions
WIthin each category
1 ','
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,I I
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~qY~T2~ C R/~
East Side-West S'lde-Seas'lde Rena'lssance
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, March 13, 2007 . REVISED
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
C. Consent Aaenda:
A. CRA Board Meeting Minutes Approval February 6, 2007
B. Special Meeting Minutes Approval February 15, 2007
C. MLK Corridor Workshop Meeting Minutes Approval February 15, 2007
D. Workforce Housing Ordinance Meeting Minutes Approval February 27, 2007
E. Approval of the Financials Period Ended February 28, 2007
F. Old High School Update
G. Deleted Item and Added to as Item E under Old Business
H. Support of Local Artists
I. Deleted Item entirely
J. Table Purchase Approval for Annual Award Dinner - BB Faith Based CDC
K. Approval to Allow Electronic Funds Transfer "EFT"
V. Public Comments: (Note: comments are limited to 3 minutes in duration)
VI. Public Hearing: Old Business - None
New Business:
Site Plan Time Extension
A. PROJECT Ocean Breeze West (SPTE 07-002)
AGENT: Bradley Miller, Miller Land Planning Consultants, Inc.
OWNER: Larry Finkelstein, Affordable Housing, LLC
LOCATION: Southwest corner of Northwest 8th Avenue and Seacrest
Boulevard, located approximately 1,700 feet north of
Boynton Beach Boulevard.
DESCRIPTION: Request for a one (1) year site plan time extension for
Ocean Breeze West (NWSP 05-030) approved on January
3, 2006, from January 3, 2007 to January 3, 2008.
Seaview Park Club
Site Plan Time Extension
B. PROJECT Seaview Park Club (SPTE 07-003)
AGENT: Lorie Moccia, Lennar Homes
OWNER: Lennar Homes, LLC
LOCATION: 1620 N. Federal Highway
DESCRIPTION: Request for a second one (1) year site plan time extension
for Sea view Park Club (NWSP 04-014) approved on
February 15, 2005, from February 15, 2007 to February 15,
2008
VII. Pulled Consent Agenda Items
VIII. Old Business:
A. Approval to Purchase Properties - at NE 5th Avenue
B. MLK Corridor Development Agreement Update & Discussion
C. Approval to Purchase Property - at NW 12'h Avenue
D. Ocean Breeze Options Discussion
E. Approval of Dive Shop Lease
IX. New Business:
A. Consideration of Purchasing the Women's Club
B. Consideration of Issuing an RFP for Ocean Breeze
C. Consideration of Sponsoring the Avenue of the Arts
D. Funding Request: Lasendra Hoggins for Homebuyers Program-$47,OOO
E. Consideration of Issuing an RFQ for Professional Services
F. Consideration of Purchasing Property-at NE 1 st Street (Downtown Parking)
G. Presentation of the New CRA Website
H. Second Amended Mediation Agreement Transfer Discussion
X. Comments by Staff
XI. Comments by Executive Director
XII. Comments by CRA Board Attorney
XIII. Comments by CRA Board
XIV. Adjournment:
BOYNTON BEACH eRA
AGENDA ITEl\;1 STAFF REPORT
eRA BOARD MEETING OF: l\IARCH 13, 2007
\GE!\DAITEM:
L__ I Consent Agenda I x' Old Business
New Business
Public Hcari~'~_'L~_L-'-- _OII15r____
SUBJECT: DIVE SHOP LEASE
SUM~lARY: At the February Board meeting, the BOJrd dIrected that the CRA attorney and Lynn
Simmons' attorney meet to work out and fmalize the dl . c shop Intenm lease agreement On February 15,
2007. a meeting was held wIth CRA attorney Amy Dukes, CRA Executive Director Lisa Bnght, Ms
Lynn SImmons and her attorney Ryan Copple. All outstandIng Issues \\cre dIscussed and agreed upon at
thiS meeting, wlth the exception of the property tax ISSLlC which was dlsclIssed at the February Goard
meelJllg. FollOWIng the meetIng, the CRA pnlVlded ,-m estImation of the taxes that i\1s Simmons would
owe on a monthly baSIS ($16789) Because the CRA \" iI! not recel '.c I(S tax bIll until July, the fIgure
provided was calculated based on last year's tax bIll ,\ new prO\lslon was JddcJ to the leasc (see
section 62) to relleet thiS estImatIon, and that tl;e CRA \\ould rClmburse Ms. Sl!nrnUTh If the estlmatlun
\\as too hIgh, or i\1s Simmons would relmhurse the eRA If the cstlmatJOn IS too low The attorneys
conlerred on thlS Issue and Mr. Copple disagreed that the directIon recel vcd at the February Board
meetIng was that \15 Slmmon.s would he responslhle for her pro rata share of property taxes, Jl.L'ld_QilLQI}
lQ the monthly rcntal owed. /\)though thiS Issue was discussed Jt the Fehm;1ry Board meetlflg, there was
no motion or vote. Therelore, staft IS iooklflg lor a motion and '.ote lrom the Goard as to whether Ms.
SITTImons 0\\e5 her pro rata share of property taxcs ($167 89) In adllttlon to the monthly renl;lI (If
S] ')0000 1'\\0 versIOns of the )e<:lse are pruvlJeJ liCIt' - one WI!h scellon 62 (irkludcs the property
l:tXes) and one Without
FISCAL 1l\1PACT: Other thelll the fact that we are renting below malkcl value there \"i1i he 110
change In our rents If you choose the lease WIthOlJtlhe 1<.1\ component lf hO\vcver you choose ]e:1se #2
the fmance department wlil hold the tax Increment por110n In our b;IliJnee sheet and nol count it iJS
revenue. Minor difference
C \DOCIJrrFHlts a~C1 Set1:nqs\adukes\Locr11 Settlnqs\Temr(lrar'll In!pmpl r:il8:-'.OIVl:' ,':~t'IO;-l1(? t_'?,1SPS rJoc
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East Side""West Slde-Seas',de Rena'lssance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: ;\1arch 13,2007.
AGENDA ITEM:
Approval to purchase a Table for the Annual Award Dinner - Boynton
Beach Faith Based CDC.
! x I Consent Agenda i I Old Business I New Business
L.__._____~__~~_~_.___~____.___
__E ubi i~.ea ri ~L_:----..l____O..t ~~-__J
SUBJECT:
Approval to purchase a Table for the Annual Awards
Dinner - Boynton Beach Faith Based CDC.
SUMMARY:
Note: the funds support the CDC's Affordable Housing
Development, Neighborhood Preservation Initiative and
Peacemakers Youth Program.
FISCAL IMPACT:
$800.00
RECOMMENDATIONS: Board Approval
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Finance Assistant
T \AGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meetlng\FY 2006-2007 Board
Meetlngs\07 03 13 CRA Board Meeting March\Tabte Purchase for CDC Event doc
~qY~T2~ l~ l \/\
East Side-West S'lde-Seaslde Rena'lssance
BOYNTON BEACI-I eRA
AGENDA ITEIVI STAFF REPORT
eRA BOARD l\1EETING OF:
I'vlarch 13, 2007
AGENDA ITDI: X.B.
Consent Agenda
Old Business : X
.\'ew Business
Public Hearing
Other
SUBJECT: Consideration of Issuing an RFP for the Ocean Breeze site.
SU!\ll\fARY: The Ocean Breeze site (foll1lerly BOYl1ton Terrace) is pivotal to the redevelopment
ufthe Heart of 8 O}l1tOI1 , Given its highly vlsible location it is imperativc that this slte be developed to
the highest possible standards,
The attached RFP seeks developers that will be senslti\ e to priCIng, design, communIty il1put, resident
dlsplacement as well has having the necessary financial capacity to complete a project of this size, The
CRA. can best control the desired outcomes for this project through the RFP process.
.'\ five-member committee composed ofCRA staff, City staff and community members will review the
responses and create 3 shortlist that will present to the eRA Board at the June] th meeting,
FISCAL Il\1PACT:
To be determined,
REC01VIl\1ENDA TrONS:
Approve Issuing the Request for Proposals for the Ocean Breeze site.
"
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VivI~n L. Brooks
CRA Planning Director
Kenneth G. Spillias
CR,A. Attorney
T \/\GENDAS, CONSlc,NT AGE::I'!DAS, MONTHl \' REPORTS'CoCTlpletc,rlAgend" Ilpn' Request Farms by !V1eet,ng\FY 20Cl6:?Cl07 Boald
1'J1ee!lngs\07 03 13 CRI\ Board Meetll'lg - March\Ocean Breezs RFF' doc
The Boyn tall Beach Co rnrnu n ity Redevelopment Agency
Developer Qualification and Proposal Solicitation
Heart of Boynton -Ocean Breeze Site
City of Boynton Beach, Florida
Project Description
The BOY11ton Beach Community Redcvelopment Agency (CRA) 1S issuing a request for
qualifications and proposals for the redevelopment of an eight acre vacant site located in the
Hea11 of Boynton community known as the "Ocean Breeze Site". The de\elopment of thIS
site IS consistent with rccommcndatlOns made wIthin the CRA's Heal1 of Bovnton
Community Redevelopment Plan. The Plan's goals are to leverage the publicly owned real
estate asset to supp0l1 the redevelopment of the area, to increase the residentIal opportunities
in the area, and to provide quality public enhancements that improve the recreational,
economic, and cultural quality of life for rcsidents. The central location, proximity to the
coastal area. and significant public SUPP0l1 creates a particularly attractive de\elopment
opportunity.
Community and Economic Setting
The City of Boynton Beach, \\Ith a populatIOn of about 63,000, is the third largest city in
Palm Beach County. Florida. It is located approximately 45 miles north of T\1i3mi and] 5
miles south ()f West Palm Beach. This puts It 111 the hCc1l1 of southeast Florida's rapidly
growing tri-county Miami-Dade/BrowardiPalm Beach I\1ctropolitan area.
By \'iI1ue of its location, Boynton Beach has direct access to the Intracoastal Watenvay,
Interstate 95 and the Florida Tumplkc. It also has a market of morc than 6 mIllion pcople
within a t\h)-hour radius and rcady access to three international airp0l1s, two major rail lines,
as well as the Tri-Rail regional commuter rall system.
The Heal1 of Boynton is bounded to the west by 1-95, Federal Highway to the cast, the
Boynton Beach Canal (C-16) to the north and Boynton Beach Boulevard to the south.
Seacrest Boulevard runs n0l1h-south through the center of tbe community.
The Heart of Boynton Community Redevelopment Plan represents the second of the flve-part
CRA plan update. The area consists of appn)xlmately 338 acres located immediately north
and \vest of the historic downtown core of the city. According to the 2000 census, the area
contained 3,] 93 people, 89 percent of \\hom wcre African-American \vith a median
household income of approximately S27.] 00
Given the location, history and demographic makeup of the community, there is a natural
concern that redevelopment would mean "gentriflcation" and displacement of existing
residents. Therefore. responses to the RFP should address this concern.
Site and Strategic PblIll1ing Considerations
AI] dc\elopment proposals mllst include the f()]lowing:
1) Enhanced streetscapes to encourage pedestrian traffic and cncourag<: additional
private investment.
2) A covered trolley stop at Seacrest Blvd.
3) A site plan that conforms to accepted urban design principles.
4) An affordable housing component, a mII1imum of twenty percent (10%) of the
proJect.
A.rchitectural and Design Considerations
The project should Il1clude quality archltcctural design and site development standards that
enhance the area and adjacent neighborhoods. The Heal1 of Boynton Community
Redevelopment Plan and the Hear1 of BOY11ton Master Plans & Schematic Design should be
relied on for design guidance. Proposals that do not adhere to these plans will not be
consid ered.
Commitment to the Project
The purpose of the CRA is to encourage redc\TJopmcnt and civic lmprO\ements in its
designated area. The Community Redevelopment Plan enables the area to generate tax
lI1crel11cnt revcnue that can be uscd for a variety of activlties associated with the
redevelopment of the HeaI1 of Boynton community. The CRA's Dircct Incentive Programs
may be available for developments that meet the program criteria.
Documents Available For Review
To bettcr understand the eRA's objectives, as well as the opp0l1unilies and constraints for
rede\eluping the site, the follO\",ing documents are a\"ailable In electronIc format and may be
retrieved from the CRA at: !lttJLL~\\\;''-~l'.\1Itl)L11)_ci1~LICla~_Qlli
· I feart of Boynton Community Redevelopment Plan
· HeaI1 of Boynton Master Plans & Schematic Designs
S"bmission Cr'iteria
Scaled developer qualifications and proposals must be received by the Boynton Beach
Community Redevelopment Agency at 9] 5 S. Federal HIghway, Boynton Beach, Florida
33435, no later than 3:00 p.m. (EST.) on April 20, 2007. Faxed proposals will not be
pennitted. The failure to strictly meet this deadline will result in the submittal being
rejected and returned unopened. Any question regarding whether a submittal bas been
submitted timely shall be resolved by reference to the time kept at the eRA office by
the CRA's receptionist or other delegated representative for the ['eceipt of the
submittals.
:2
All of the followmg documents must be submllted or the proposal will not be considered
(origmal plus !\\ehe (12) copies of all documents and a dIsk containing the submission
documcnts):
1. A written general statement (lfthe qualifications (lfthe proposmg firm or entity,
Including examples of experience \\]th similar projects, as well as background
Information on the principals A copy of the most recent Federal Form 254 should be
provided, if available. If the selected development entity is a public corporation, it
may also be asked to provide copies of its annual repOl1 or SEe fiJings as appropliate.
2. A certificate of good standing from the Secretary of State in which the
corporation does business.
3 :\ list of team members and their professional qualifications along with a list of
projects on which they have aetlvely participated.
4. A \\ritten list of projects developed by the entity including photographs, addresses,
date the project was completed and general project description.
5. A detailed description of the proposed proJect, with text and graphics. This should
Include a schematic site layout plan, proposed density, parking locations, typical
floor plans and elevations. If the proJcct is to be phased, please descrihe the phasing
plan and timmg.
6. List of the number of units and types, including number of bedrooms, rental or for
salc units, etc. Please estimate the number of units and tYVe of units that w]11
meet HUD's definition of "affordable". Such estimate should not be less than
t\\ enty percent of the total project.
7 A prelimll1ary estimate of the total proJcct cost, including any required
inffastructure costs, along with thc t:11es and sources offinancmg including
public subsidy, if any.
8. Proposer must demonstrate extenS1\e experience with obtaining project-based
subsidies for affordable housing by listll1g projects and the amount and type of
subsidv utilized.
9. A signed written statement outlll1ing the role a local non-profit Commumty
De\elopment Coq)oratlOn would play 1I1 the proposed development project.
10. A Signed v:ritten statcment commlttmg to using local residents in the development
of the project.
11. A signed written statement to purchase the propCl1y indicating the proposed purchase
price along with a statement of \\illingness to execute a Purchase and Development
~
,
.~ grecment within one hundred e1ght (] 80) days of selection if selected as the
qualified proposer. /\.ny Purchase and DC\'elopment Agreemcnt ("Agreement") wi]]
contain perfolll1ance criteria, agreements for time limitations for having funding in
place and construction to commence. I1mitations on transferabi!Jty or assignability of
the Agreement without prior apprcnal from the CRA, tennination provisions for
failure to meet the cIiteria listed and other provisions to adequately define the rights,
duties and obligations of the parties.
] 2. A signed written statement indicating what percentage of the total units will be
subject to a community land trust to be selected by eRA.
] 3. A preliminary commitment letter from a credible lending institution to fund the
purchase of the propel1y.
] 4. Proof of financial capability to complete a project of this scope. financial
ll1f0n11ation should he submitted in a separate, scaled envelope or package and
marked 'confidential'. FinanCial infon11ation will be accepted only from the
proposing entity.
15. A lettcr attesting that the respondent has rcad and understands all procedures ofthlS
RFP
16, .\ !)romotlonal PowerPoint presentation, consisting of 10 tc) 15 slides.
Offering
The eRA is offering for sale an appnlxlmate eIght acre \aeant area (See Attached Slte 1\'lap),
located along Seaet'est A\'enue. This sIte has been selected for its hIgh vislbility and the
opp0l1unity to kick stal1 the redevelopment of the community.
It is expected that the new development \\111 complIment (not repl1cate) the existing physical
character of the community. Accordingly, budding heights should not exceed 35 feet and
the style. color and building matelials should reflect the sub-tropical charactelistlcs of south
Florida and the Caribbean (FJonbbean).
It IS further expected that the development proposals will be consistent \vith the HeaJ1 of
Boynton Community Redevelopment Plan. include additional amenities, as well as enhance
or improve existing comnHll1ity assets. Overriding goals include quality design through the
use of urban design principles, the use of altematl\e energy sources, encouragement of
various modes of transportation and the prO\ision of affordable housing
Respondents are encouraged to exercise creatIvity in defining a concept that satisfies the
\ision of the redevelopment plan, applIcable zoning or entitlements, and sound real estate
development practices, Additionally, the proposal shall 1I1clude the enhancement of public
spaces as indicated in the Heart of Boynton Redevelopment Plan and the Heart of BO)-11ton
Master Plans and Schematic Design
4
Zoning
The cunent land use designation is High DensJty Residential and the zoning classification is
MultI-Family (I 0.8 du/ac). Proposer may request that the propel1y may be rezoned to Special
11igh Density and Infill Planned Unit Development (20 du/ae). To the best of Its ability, the
CRA will be cooperati\e pal1ners in pursuing any permits or approvals that may be required
to expedite the sclected de\elopment plan.
Process
A five-member committee composed of eRA staff City staff as well as selected members of
the Heal1 of BO)11ton Commumty will conduct the mitia! evaluation based upon the
follO\ving cnteria:
I.
Experience with development 111 markets similar to the project area.
Ability to proceed immediately from a financial and organizational
perspectl ve.
Adherence to the adopted Bean of Boynton Commul1lty Redevelopment
Plan
2.
1
4.
Expencnce in obtaining project-based Florida housing subsidy funds.
Project design, amenities and public benefits.
Experience with working with local non-profits.
Commitment to use local residents in the construction of the proJect.
The percentage of units to be dedicated to the commumty land trust.
).
6.
..,
8.
The three highest ranking proposers will present their PO\vcrPoint slide presentation before
the Board of the CRA at theIr regularly scheduled meeting in Junc.
At the conclusion of the public presentations, a developer wll! be selected by the CRA Board.
The CRA and the successful proposer will then negotiate a Purchase and De\e!opment
Agreement for the land. Should a Purchase and De\clopment Agreemcnt satisfactory to both
parties not be able to be agreed upon within one hundred eighty (180) days oftne selection of
the successful proposer, either party shall have tne right to tenninate the negotiations Upon
terminatIOn, the eRA ,;hall havc the right to resubmit the project fer requests for proposals
with no further obligation to the proposer chosen at the June Board meeting.
It is expected that there will be no communication with pal1ies other than those specifically
noted herein and such communication will be exclusively for clarification regarding
procedures and objectives. The CRA prohIbits communication to or ",,oith any depal1ment,
bureau or employee during the submission process. Communication with any paI1ies for any
pUIlJoses other than those expressly described herem may cause an individual or fim1 to be
cl1sgualified immediately from participatlllg III the development solicitation. All questions or
inquiries should be directed to Brightl@ci.boYllton-beach.f1.us.
'i
It \\ill be necessary for responding parties to comply fully with the general teroms and
conditions outlined in this document if they are to be considered.
Anticipated Schedule and Sequence of E\'Cnts
The CR.A. has established a schedule for submitting qualIfications and proposals and for
completing selection of the preferred Development Team. Respondents shall assume full
responsibility for the timely delivery of the qualIfIcations. Qualifications recei\ed after the
deadline stated will not be considered. The CRA hO\'vever, reserves the right to amend
mllcstone dates.
Initial submission of qualifications and proposals due by: April 20l 2007 at 3:00 p.m.
Pre-proposal meeting: !\1arch 21. 2007 at 9:00 a.m. at the CRA offices
Announced shon list of qualified Development Teams: no later than May 11,2007
Comprehensive responses due from shonlisted fil111S by: June 1,2007 at 3 :00 pm
PresentatlOn to eRA Board by sholilisted teams: June] 2,2007
Contacts
All cOITespondence and requests for infolll1atlon regarding the Hean of Boynton community,
]n general, and this project in particular, should be directed to:
Llsa Bnght
Executive Din:ctor
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach. Florida 33435
Phone: (561) 73 7-3256
Fax: (561) 737-3258
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Non-D iscrimina tion
The selected Proposer, its successors and assigns, agree that no person shall on tIle ground of
race, color, disability. national origin, religion, age, famil1al status. sex, or sexual orientation
be subjected to discrimination. Should such discrimination occur. the eRA will provide
notice to the Proposer of a breach of this condition and thereafter, Proposer has 15 days to
demand arbitration as to the claim of discrimination. The panics will then mutually agree to
an arbitrator and if they cannot agree, the auspices of the Amencan Arbitration Association
WIll govelll. This arbitration is independent of any other actIOns being taken by other
agenCles. However, a finding by any other agency or coun that such discrimination has
OCCUlTed may be relied upon by the CRA as conclusi\e proof of a breach of this provision. If
Proposer does not demand arbitration within 15 days, or if arbitratIOn is conducted and it is
detennined by the arbitrator that discrimination occun-ed, the eRA shall have the right to
tenninate any such Agreement it has entered into with Proposer and pursue any and all other
la'vvful remedies.
h
Protests
Any and all decisions by the eRA Board tu modlfy the schedule described herein, requests
for additional infonnation, lTJect insufficient or unclear proposals, f0l111u]ate an objective
point system for review, rate and rank proposals, negotiate agreements, abandon
negotiations, approve agreements, ete, shall beat the CRA's sole dlscretion and no protests
whatsoever shall be considered by the CR/\ Board. Submittal of a reply to this RFP on the
part of any all proposers constitutes acceptance of this policy.
Formation of Contract
The eXlstence of a contractual relationship between the pdl1ies is contingent upon the te1111S
and conditions of the contract being negotIated to the satisfaction of both parties and the
execution of sald contract by both parties. The contract documents shall include, but not be
limited to, tenns and conditions of thiS RFP, the submitted proposal inclusive of
qualifications, the negotiated services as agreed by both pal1ies, and the ordering mechanism.
Pennits, Taxes and Licenses
Proposer shall at its own expense obtaln all necessary pennits, pay all licenses, fees and
taxes, required to comply with all local ordinances, state, and federal laws, rules and
regulations applicable to the business to be carried on under the contract.
Public Records
Florida law prO\ides that records of a publIC agency shall at all times be open for personal
Inspection by any person. Section] 19 01, F.S., the Public Records Law. Information and
matelials received by the CRA, in connection with a submittal shall be deemed to be public
records subject to public inspection. Ilowncr, cel1ain exemptions to the public records law
are statutonly provided for in Section 11907, F.S. If the Proposer believes any of the
information contamed in its Submittal of Proposals is exempt fi"om the Public Records Law,
then the Proposer must in its response speCIfically identi(y the material which is deemed to
be exempt and cite the legal authority for the exemption and the C~A. Vlill evaluate the
material to determll1e whether it is exempt hom 1hc Publjc Records Law. Otherwise. the
[R~~jll treatillLmatenals receiyed_as P~QE_L;.I~s:orQs--,
Public Entity Crimes
",6" Person or affiliate who has been placed 011 the convicted \cl1dor list following a
COI1Victlon 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 constructlOn or repair of a publIc building or public work, may not submit bids on
leases of real propcl1y 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 !lot transact husinesses with any public entity in excess of the threshold amount
prO\ided in Section 287.017, for CATEGORY TWO for a period of36 months hom the date
of being placed on the convicted vendor list"
Drug FI'(~e Workplace Certification
All Proposers must complete and sign the attached "Drug Free \Vorkplace Certification by
Vendor", and submit it with their Proposals. Failure to do so may result in rejection of your
proposal.
IC IIC;]I [),'cUl11cnts I30\nlOn I3each C R,.\ 2-119-0 J l' Mise Ocean HI CCie RTP i -9-0" LL W due
8
CERTIFICATION OF DRL'G FREE WORKPLACE PROCjR,A\1
I certify the firm of __~____~____________~___~ responding to this RFP
maintalOs a drug-free workplace program, and that the following conditions arc met:
(1) We publish a statement notif)ing employees that the unlawful manufacture, dlstlihution,
dispensll1g, possession, or use of a controlled substance is prohibited 111 the workplace; and
specifying that actions wi]] be taken against employees for violations of such proi:,'Tams.
(2) We infc)1l11 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 SCf\'JCes
included in this RFP a copy of the statement spccdled in Subsection (I).
(4) In the statement specified in Subsection (I), we notify the employee that, as a condition
of working in the commodities or contractual services cO\Tred under thIS RFP, they v.ill
abide by the terms of the statement; and \\ill notlf)' 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 \iolatlOn occulTing in the workplace no later than five
(5) days after such conviction.
(5) \Vc impose a sanction on, or reqU1rc the satisfactory paliicipatlon 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 effoli to cont1l1ue to maintain a drug-free workplace through
I III p Iementation of thi s section.
As the person authorized to sIgn the statement, I celiify that this flnn compIles full) with the
above requirements.
Authorized Signature: _~____~_______
Date
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East Side-West S'lde-Seas'lde Rena'lssance
BOYNTON BEACI--I eRA
AG,ENDA ITEl\1 STAFF REPORT
eRA BOARD l\1EET'ING OF:
1\1 arch ]:', 2007
AGE:'\DA 11'[\1: X.C
r
! Consent Agmda
Old Business
x
.'\n\ Business
Public Heat"ing
Other_~
SUBJECT:
Consideration of lssumg an RrQ for Professional Services
SU1\1J\lARY:
The eRA is cmbark1l1g on many projects; the Old High school, the marina, streetscapes, etc, which will
require O\crslght and value engineering, Therefore, staff feels it is important to have an approved list of
professionals in the fields of architecture, landscape design, civll and traffic engineenng to work with on
a continuing basis subJect to the limits of eCNil. legislation, Therefore, staff recommends iSSUlllg the
attached RFQ,
FISCAL 1l\1P ACT:
To be deteDnined.
RECOlvIl\lENDATIONS:
Approve the issuance of the RFQ for ContInuing Contracts for DesIgn and Professional Services,
, /
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Vi\ian L Brooks
eRA Planning DIrector
Kenneth G, Spillias
eRA Attol11ey
1\,l1.C3END~\S. CONsun AGENDAS. MONTHLY REPORl S,ConlDlpled l\genc1ill!em ReQuPs' Fnrms bv Meeltr1g\FY 2006-20CJ7 Roard
lv1eetlngs',07 03 13 CRi'I. Baal d Meeting - March\ProfeSSlcnal services RFO doc
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East Side-West Side-Seaside Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF:
1\larch 13, 2006
:\,\
r--
L Corm'nl Agenda !
Old Business
Xi
New Business
Public Hearing
Other
SUBJECT:
Second Amended l\lediation Agreement Discussion & Transfer
S U lVI~lARY: In l\1arch 2006, the eRA purchased the Tv" 0 Georges Marina whJch provided a
seat at the table for diScussion purposes of the aforementJoned Agreement. However, no fom1a] actIon
was taken to add the CRA officially.
In November 2006, eRA staff began the necessary dIscussions with The Related Group and Two
CJcorges Waterfront Restaurant to aSSIst in the final1zatlon of Second Amended t\lediation Agreement
implementatJon These dlscussJons included recommended changes to parkll1g spaces, trafiic patterns
and ultlmatt:ly the efficient exit strategy of The Related Group upon completIOn of Manna Village,
On January )8, 20C)'7, a comprehensl\e meetll1g was held WIth all pal1JeS to assist lI1 the completJon of
thJS process. Ho\Ve\er. sh0111)' after February] Jill CJty staff lI1itiated correspondence to The Relatcd
Group that the \1edlation Agreement was to be transferred to the CRA.
City staff placed the request on the City Commission !\larch 5, 2007 agenda and approved the transfer of
the Agreement. CRA Counsel and staff \Vere not apprised of this action until :V1arch 6, 2007 after the
meeting (See attached emalls),
FISCAL IlVIPACT: None.
RECOl\llVIENDA TIONS: Board Direction
Lisa Bright, Executive Director
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. V. CONSENT AGENDA: .
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. A. APPROVAL OF THE MINUTES: .
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. CRA BOARD MEETING MARCH 13, 2007 .
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~~~~Y~Te~CRA
iIIIi East Side-West Side-Seaside RenaIssance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF:
April 10, 2007
AGENDA ITEM:
x I Consent Agenda I I Old Business I I New Business I I Public Hearing I I Other
SUBJECT: Approval CRA Board Meeting Minutes-
Meeting of March 13, 2007
SUMMARY:
FISCAL IMPACT: None
RECOMMENDATIONS: Approve minutes as stated.
-
'4~U-/ ;1~Z~
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C:\Documents and Settings\zitcerp\Local Settings\Temporary Internet Files\OLKCB\CRA Agenda Request Form Template (2).doc
~
MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEmNG
HELD IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
ON TUESDAY, MARCH 13, 2007, AT 6:30 P.M.
Present:
Henderson Tillman, Chair Lisa Bright, Executive Director
Stormet Norem, Vice Chair Ken Spillias, CRA Board 'Counsel
Rev. Lance Chaney Amy Dukes, CRA Counsel
Jeanne Heavilin
Marie Horenburger
Steve Myott
Absent:
Guam Sims
1. Call to Order - Chairman Henderson Tillman
Chair Tillman called the meeting to order at 6:33 p.m.
II. Pledge to the Flag and Invocation
The board recited the Pledge of Allegiance to the Flag, followed by the invocation led by Rev.
Chaney.
III. Roll Call
The Recording Secretary called the roll and determined a quorum was present. It was noted
Mayor Taylor and Amy Dukes, Attorney with Lewis, Longman and Walker, were present.
IV. Agenda Approval
A. Additions, Deletions, Corrections to the Agenda
Attorney Spillias pulled Consent Agenda Items A and C. Mr. Myott pulled Consent Agenda Item
F.
There was discussion the board wanted to hear the Ocean Breeze items together.
.
.
1
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida March 13, 2007
B. Adoption of Agenda
Motion
Ms. Horenburger moved approval of the agenda with the removal of Item A, C and Ffrom the
Consent Agenda; to reorder VI. Public Hearing New Business switching Item B, Site Plan Time
Extension with Item A Site Plan Time Extension; hearing VIII. Old Business Item D immediately
thereafter followed by pulled Consent Agenda Items A, C and F. Ms. Heavilin seconded the
motion that unanimously passed.
C. Consent Agenda:
A. CRA Board Meeting Minutes Approval February 6, 2007
B. Special Meeting Minutes Approval February 15, 2007
C. MLK Corridor Workshop Meeting Minutes Approval February 15, 2007
D. Workforce Housing Ordinance Meeting Minutes Approval February 27, 2007
E. Approvals of the Financials Period Ended February 28, 2007
F. Old High School Update
G. Deleted Item and Added to as Item E under Old Business
H. Support of Local Artists
1. Deleted item entirely
J. Table Purchase Approval for Annual Award Dinner - BB Faith Based CDC
K. Approval to Allow Electronic Funds Transfer "EFT"
V. Public Comments
Chair Tillman opened the floor for public comments. No one coming forward, Chair Tillman
closed the floor to public comments.
VI. Public Hearing
Attorney Spillias requested board members disclose whether they had any ex parte
communications. Vice Chair Norem reported he met with Richard Baron of MCCormack, Baron
Salazar, while in Tallahassee, but not on any public hearing items.
Attorney Spillias administered the oath to all persons who would be testifying.
.
2
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida March 13, 2007
Old Business:
None.
New Business:
Site Plan Time Extension (Heard out of order)
B. PROJECT: Seavlew Park Club (SPTE 07-003)
AGENT: Lorie Moccia, Lennar homes
OWNER: Lennar Homes, LLC
LOCATION: 1620 N. Federal Highway
DESCRIPTION: Request for a second one (1) year site plan time extension
for Seaview Park Club (NWSP 04-014) approved on
February 15, 2005
Gabriel Wuebben, Planner, presented the request and announced staff was satisfied the
applicant put forward a good faith effort. The applicant had requested a Site Plan Time
Extension in February 2006, and was requesting a second extension to February 15, 2008. The
applicant would need to approach Palm Beach County again to extend the build-out date as
contained in Exhibit C of the terms and conditions of approval. Staff recommended approval of
the one-year site plan time extension subject to all the original terms and conditions and noted
there were no new regulations to review the project against.
There were no comments from the board.
Chair Tillman opened the floor for public hearing.
Michael Weiner, Attorney for the applicant, advised they had a list of good faith efforts from
the applicant on the project. The project underwent a substantial amount of work; however, the
site preparation was not completed.
Harry Woodworth, 685 NE 15th Place had property that adjoined the building site. He
explained the applicant had been working on the project for two years. He asked the board to
consider what it was like living next to diesel fumes, noise, the dewatering pumps and other
issues, and to be considerate of those aspects when granting the extensions. He also noted the
notice he received for the meeting was dated 2006.
Attorney Weiner explained the applicant needed another 60 days to complete the land
development portion of the project, and then infrastructure would go in. They placed shielding
where pOSSible to minimize any development impacts and placed monitors on site. Attorney
Weiner explained they wanted to continue on in the process.
Chair Tillman closed the floor to pUblic hearing.
.
3
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida March 13, 2007
Johnny Lynch, Lennar Homes, reported the architectural drawings, which were previously
submitted to the board, were completed. The permits for vertical construction were not
submitted, but were expected to be submitted shortly.
Motion
Mr. Myott moved to approve the request. Vice Chair Norem seconded the motion that
unanimously passed.
Site Plan Time Extension
A. PROJECT: Ocean Breeze West (SPTE 07-002)
AGENT: Bradley Miller, Miller Land Planning Consultants, Inc.
OWNER: Larry Finkelstein, Affordable Housing, LLC
LOCATION: Southwest corner of Northwest 8th Avenue and Seacrest
Boulevard, located approximately 1,700 feet north of
Boynton Beach Boulevard.
DESCRIPTION: Request for a one (1) year site plan time extension for
Ocean Breeze West (NWSP 04-014) approved on February
15, 2005, from February 15, 2007 to February 15, 2008
Kathleen Zeitler, Planner, presented the request and explained the applicant requested the
one-year site plan time extension and had a list of the details for the project. There were no
new regulations to review the project against. It was clarified the extension would actually be
for 10 months, to January 3, 2008 and the project would be exempt from the Art in Public
Places Ordinance. Staff reviewed the request and recommended approval subject to the
original conditions of approval.
Bradley Miller, agent for the applicant, explained some permits were received and discussions
with the CRA on what to do with the project brought it to a slow halt. This project pertained to
the western portion of the site.
Chair Tillman opened the floor to public hearing.
Rev. Glen Lyons, 2190 NE 1st Lane, received notice of the meeting and commented his parcel
control number was on it. He was unsure why he had not been personally contacted regarding
the reason his property was referenced on the letter. Vivian Brooks, CRA Planner, explained the
parcel control number was listed because he was within 400 feet of the subject property and,
statutorily, notification to surrounding property owners must take place.
Chair Tillman closed the floor to public hearing.
Ms. Zeitler explained staff reviewed the request and recommended approval subject to the
original conditions of approval.
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4
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida March 13, 2007
Motion
Vice Chair Norem moved to approve the request. Ms. Heavilin seconded the motion that
unanimously passed.
VIII. Old Business, Item D. Ocean Breeze Options discussion - (Heard out of
Ordet1
Lisa Bright, CRA Executive Director, explained an incentive for this project was approved a year
ago. Mr. Finkelstein had been involved in an accident and in September, staff was given
direction to purchase the parcel(s) from Mr. Finkelstein. An appraisal was ordered, which
showed a discrepancy in the appraisal price provided by Mr. Finkelstein.
This property greatly enhanced the land acquisition control of the HOB project area and staff
negotiated a purchase agreement for $6.4M. Additionally, fee waivers would be included in the
amount of $496K, bringing the total purchase price to about $7M.
Ms. Horenburger asked why the $400K for demolition was not included in the appraisal. Mr.
Finkelstein explained the appraiser was only asked to look at the value of the land and not the
additional value of the other components associated with purchasing the property. The impact
fee waivers were half a million dollars from the County that ran with the property. Mr. Reardon
explained he directed the appraiser to eliminate those values from the original appraisal. He
provided a Jetter from the County and indicated he tried to discount the waivers but the issue
was non-negotiable. The letter from the County was given to the appraiser who verified the
amount was a true value. When the project is sold to a new developer, the CRA would likely
receive the money back, have additional workforce housing built, or receive some other type of
quid pro quo. Mr. Reardon took responsibility for why those monies were not included and
indicated he tried to save the money.
Mr. Reardon explained the reason the demolition fees the CRA paid were not included in those
calculations was the board exonerated Mr. Finkelstein from the cost of the fees, which was
$371K. Attorney Spillias confirmed Mr. Reardon's statement. When the project was completed,
the lien would be waived. If the board moved forward with purchasing the property, the CRA
would be purchasing it subject to its own lien and it would still be on the property. Ultimately
when the CRA decided what to do with the land the CRA could make a decision then. Until that
time, the lien was still a debt owed from the property. Ms. Horenburger asked if the lien issue
was factored into the current appraisal. She thought not recapturing those monies was taking
money out of the public's pockets. Mr. Reardon explained it was not. It would be a moot
point when the board passed the lien back onto itself.
Vice Chair Norem explained if there were buildings still existing on the property today, they
would be factored in because then there would be a cost of demolition and it would devalue the
property. Mr. Reardon confirmed that as correct and explained the eRA would have to demolish
the buildings at present day cost.
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5
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida March 13, 2007
Rev. Chaney asked when the appraisal was conducted if the lien would be included. Mr.
Reardon explained land has a value irrespective of any liens on it. The sale price would reflect
that point, but the intrinsic value of the land was not deteriorated by any liens.
Mr. Finkelstein was present and announced, for the record, he was prepared to sell the land to
the CRA now. He announced, on record, he agreed to a contract on the CRA terms and price,
from their appraisal. He agreed to execute the contract drafted by the CRA attorney. He
announced there was no other parties he was negotiating with and the CRA attorney had the
contract. The contract had a time frame for execution and had to be signed by tomorrow in
order to be valid.
Motion
Vice Chair Norem moved to approve the item. Ms. Heavilin seconded the motion, which passed
4- 2 (Ms. Horenburger and Rev. Chaney dissenting)
VII. Pulled Consent Agenda Items
A. CRA Board Meeting Minutes Approval February 6, 2007
Attorney Spillias noted corrections on pages 11 and page 12 as "Mr. Sims read correspondence
from the CRA Attorney" The sentence should read "correspondence received from the CRA
Attorney" since the correspondence was not his correspondence. On page 12, the last word of
the first partial paragraph, third line last word should be "contracts" as opposed to contract.
Motion
Ms. Horenburger moved to approve the minutes as amended. Vice Chair Norem seconded the
motion that unanimously passed.
C. MLK Corridor Workshop Meeting Minutes Approval February 15, 2007
Attorney Spillias noted corrections to the February 15, 2007 Workshop meeting minutes.
Page 1 - Agenda Approval, Spillias was spelled "Spills"
Page 1 - Under Old Business, Mr. Myott discussed what everyone's "roll" would be. The word
"roll" should be spelled "role".
Page 1 - Last paragraph third line down reads, "the City Commission voiced", should read the
"City Attorney voiced"
Page 1 - Last paragraph fifth sentence reads "Oniy Mr. Bressner . . ." should include the words
"and Mr. Cherof"
Motion
Ms. Horenburger moved to approve Consent Agenda Item C as amended. Vice Chair Norem
seconded the motion that unanimously passed.
.
6
Meeting Minutes
CommunIty Redevelopment Agency
Boynton Beach, Florida March 13, 2007
F. Old High School Update
Five Towns College withdrew from accepting the Old High School Building for use as an
administrative hub for the college. Mr. Myott asked for further information on the second
ranked proposer and the property.
Ms. Bright explained she had a lot of interest from other developers. Larger developers were
waiting to see if City Hall would move because there were looking to develop projects with a
larger footprint. Artspace from Ft. Lauderdale was very interested In the building and the
Brennar Group was also interested.
Vivian Brooks, CRA Planner, explained there were many similar properties being developed as
affordable living spaces for artists, with studios and gallery spaces included. The entities were
non-profit 501c(3) corporations who usually resided in historic buildings. One was being built in
Ft. Lauderdale and Ms. Brooks advised she would be visiting the facility.
Mr. Myott suggested getting another candidate and having the information by the next meeting.
Ms. Heavilin suggested not taking any action on the item until after the downtown plan
decisions were made. She expressed the footprint may need to be changed. Chair Henderson
agreed and thought the project did not have to be moved on so expediently. He thought the
CRA should get the most deal for the money, and suggested not moving it forward.
Ms. Bright would have a staff report on this placed on the Consent Agenda. Chair Tillman
wanted to have the updates given and then at the proper time to bring them all together for
discussion.
VIII. Old Business:
A. Approval to Purchase Properties - at NE 5th Ave.
Rev. Chaney left the meeting at 7:10 p.m.
Ms. Brooks explained staff was authorized to negotiate this property with the Boynton Beach
Faith Based CDC. There were five individual lots with homes on them. Acquiring the property
would add an additional 16 units on the property as well has have frontage on the street. The
CDC agreed to purchase the property from the CRA at half the value and the parties agreed the
property would not be sold to the CDC until they had a construction loan for the project. If the
CDC could not get the project off the ground, the CRA would purchase the property back. A
site plan was developed with the units being in the high lOOts and low 200's. Staff
recommended approval of the request.
Ms. Horenburger discussed tax reductions and expressed concern with other properties and
appraisals. On affordable housing units, the property appraiser would appraise the unit as a
deed restricted unit that did not have the same value as a market unit. This was a result of the
Palm Beach County Days. Ms. Bright reported when she attended Palm Beach County Days in
Tallahassee, the language for a bill amendment for affordable housing was added.
.
7
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida March 13, 2007
Mr. Myott recused himself from this item and filed Form 88, Memorandum of Voting Conflicy for
County, Municipal, and other Local Public Officers because he worked on the plans for the
project.
Motion
Vice Chair Norem moved approval. Ms. Heavilin seconded the motion that passed 5-0. (Mr.
Myatt abstaining).
B. MlK Corridor Development Agreement Update & Discussion
Ms. Bright announced there was no meeting set or response to the Development Agreement.
On the staff level, on February 15, 2007, staff was asked to contract with the Treasure Coast
Regional Planning Council (TCRPC) on this item. The TCRPC team was present to discuss
deliverables.
Kim Delaney, TCPRC Growth Coordinator, advised they conducted an economic and planning
analysis. They had brought in Economics Research Associates (ERA), a firm that participated in
20 projects in Florida, many of which were in redevelopment areas and was heavily involved in
a Transit Oriented Development (TOD) project in West Palm Beach. Additionally, the firm
served as an economic and Tax Increment Financing (TIF) advisor to other areas. ERA
announced they clearly understood the issues involved with rehabilitation and redevelopment in
complex projects. In May and June of 2005, the firm met with Intown for feedback on a multi-
disciplined project, for this area, since ERA has experience with affordable housing strategies
and workforce housing.
The scope of services for the TCRPC analysis over the next two months would be to undertake
a demographic and economic profile of the drivers of demand for real estate and housing. The
market slowed and the TCRPC wanted to be clear what the drivers were. Market conditions and
comparables for residential and retail segments would be reviewed to understand how quickly
those units are absorbed. Then the TCRPC would integrate all the research into different test
models to identify a recommended development program that would be tested against what
was submitted by the developer in their August presentation. A physical analysis and
assessment of the site would be conducted and a final report would be available shortly after
May 8, 2007.
Ms. Bright explained Ms. Delaney was proactive and was meeting with the Intown principals to
review the pro forma, which was new.
Ms. Horenburger pointed out in the original analysis, the CRA paid enormous prices for
property. She wanted to see a true analysis of what was there, based on current value. She
explained knowing the realities of the current costs were important.
Ms. Delaney explained the current land values were higher than what they wanted to see,
which created different strains in the market and value was built into the market now. She
clarified they needed to determine what housing products were, if they would work, as well as
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8
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida March 13, 2007
what a reasonable buy down would be in order to be absorbed into the market. Ms.
Horenburger also pointed out there would be a change In the dwelling units per acre and asked
what was the process for zoning and land use changes.
Mike Rumpf, Planning and Zoning Director, explained the process could be either a large or
small-scale amendment, with the threshold of a large-scale amendment being 10 acre. The
process ranges from 4 months to an 8 to 12 month process, which involves the state, public
hearings and a City Commission transmittal hearing.
Mr. Wobash, also of TCRPC, explained they look for three key issues, which were, return to
developer, what is a supportable land value, and if there is a gap at the end of the day, what
role does the public sector play to close the gap. The study is not a full financial feasibility pro
forma, but it should be considered based on declining land values and market conditions.
It was requested a finandal model be conducted. Mr. Wobash indicated that model would
require about a month to do, after the market analysis was completed in May.
Ms. Bright explained she received information from the CRA lobbyist about financing for the
CRA. Mr. Reardon alerted the board to outstanding debt and/or contemplating debt financing
and the pledging of TIF revenues that the bondholders lien does not attach until the deposits
are made into the trust fund. Mr. Reardon reported CRAs are not insulated from decreases in
property values or milage rates and they needed to know the property tax reform debate would
directly affect them. Mr. Reardon cautioned about pledging future bonding on projects that the
CRA might not be able to pay the debt on. The City, as the CRA backstop, also needed to be
cognizant of that fact.
The bond documents stipulate, on both bonds, that there is a debt cap of 150%. The CRA
cannot pledge upfront bonding because it may violate the CRA bond documents irrespective of
what the legislature mayor may not do and the board can not pledge up front bonding without
running the issue through bond counsel first. This fact added to the necessity of including a
financial analysis. Ms. Delaney advised they would add that as another task and bring back the
information.
Motion
Ms. Horenburger moved approval to have the TCRPC conduct a financial analysis of whatever
the result of the legislative session is with regard to TIF and other matters in regard to the MLK
project in particular. Vice Chair Norem seconded the motion that unanimously passed.
Mr. Reardon added TIF funds are received on the back end of the project, not up front.
Ms. Bright announced Mr. Baron spoke to CRA members at Palm Beach County Days and
indicated a joint venture partnership agreement had been executed between McCormack Baron
Salazar and Intown. The City Manager was not aware of this. Both Ms. Horenburger and Vice
Chair Norem advised Mr. Baron informed them he had submitted the agreement to Mayor
Taylor. Mayor Taylor was present and responded he was shown the document but did not have
.
9
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida March 13, 2007
it. After further discussion, Attorney Spillias announced he would make a formal request for the
document.
C. Approval to Purchase Property - at NW 12th Avenue
Ms. Brooks explained this property was a standard infill lot and part of the Heart of Boynton
work program.
Motion
Ms. Horenburger moved approval of the purchase. Vice Chair Norem seconded the motion that
unanimously passed.
D. Ocean Breeze Options Discussion - this item was addressed earlier in the meeting
E. Approval of Dive Shop lease
Amy Dukes, CRA Counsel, explained after the last meeting she met with counsel for Ms.
Simmons on the Dive Shop lease. The board had revised the document. Attorney Dukes
advised all the issues were worked out except for one, which were the property taxes. She
asked whether the board wanted to include the property tax on top of the $1,500 per month
rate. The tax worked out to be $167.89 broken down on a square foot pro rata basis per
month. A discussion ensued about what was customary for government leasing property and
the County Commercial Real Estate Property Division would not send out an appraiser until July.
It was pOSSible the taxes would be raised or lowered.
Ryan Copple, Attorney for Splashdown Divers, disagreed on the issue. He explained the lease
was an interim lease for the period of one year. During that time period, there would likely be
construction ongoing and the client would not be on the premises then. He advised the rent
would be increased about 10%, but pointed out in the past, property taxes were in the rent. If
the rent increased while she was not on the premises, it would put a strain on the business.
A discussion followed about the property. The CRA was not in business to pay taxes for
individuals outright. It was assumed those businesses could meet that expense. The CRA was
being asked to pay the taxes of the business. It was suggested determining the value while
they were doing business, and dividing the amount by month. Further discussion focused on
increasing the rent to Include the amount or continuing the lease for the $1,500 per month and
the minute the Dive Shop reoccupies the improved space, the lease payment and tax payment
becomes due. Mr. Reardon noted the tenant was occupying the space now.
Motion
Ms. Horenburger explained the expectation was to pay $1,500 per month and renegotiate next
year. Ms. Horenburger moved to that effect. (Motion died for lack of a second)
.
10
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida March 13, 2007
Vice Chair Norem asked if the CRA was charging market rent the public would expect to pay for
that property. The CRA was not and it was noted the CRA was disrupting the businesses there
for a goocl public purposes. Mr. Myatt discussed there was nothing wrong with giving a break
with the expectation that when the bathroom was complete they would go market rate. This
was an interim lease.
Motion
Mr. Myott moved to proceed with the lease as written. Ms. Horenburger seconded the motion
and clarified the motion as there were no taxes on the interim lease effective from April 1st for
one year and then renegotiate the lease well in advance of the expiration of the lease. It was
noted the leases did not need to be advertised.
~
The motion unanimously passed.
IX. New Business:
A. Consideration of Purchasing the Women's Club
Ms. Brooks explained the CRA was considering the purchase of the above. An appraisal was
received and she spoke with the Palm Beach County Historical Society. This was a good
opportunity for the CRA.
Motion
Vice Chair Norem moved to direct staff and legal to make preparations for this. Ms. Heavilin
seconded the motion for discussion.
There was discussion on where the funds for the purchase were coming from. Mr. Reardon
explained the General Fund would be receiving reclaimed monies shortly. Ms. Bright clarified a
time lapse occurred on the pro forma for 500 Ocean Plaza and other developers were interested
in partnering on the project. The Direct Incentive Funding Agreement (DIFA) appropriated
would not fund the gap in the market conditions. CRA counsel needed to draft a letter advising
the $2M set aside would return to the CRA. Parking for the fadlity was previously
accommoclated by the Senior Center parking through an arrangement with the City. Ms. Brooks
hoped that arrangement would continue. Ms. Brooks also announced her mother was a
member and past president of the Women's Club.
Mr. Reardon reiterated, moving forward the board should not spend bond monies up front.
There was additional discussion this was a cultural opportunity for small venues and another
opportunity to obtain land on Federal Highway.
,
11
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida March 13, 2007
~
There was a vote on the motion that unanimously passed.
B. Consideration of Issuing an RFP for Ocean Breeze
Ms. Bright explained when staff negotiated the purchase agreement with Mr. Finkelstein she
needed to know if the board wanted to wait until the purchase agreement closed before issuing
the RFP for Ocean Breeze. The document was already approved by the attorney to get the RFP
out to the public.
Ms. Horenburger explained the document did not clearly define the boundaries of the east side
properties. There needed to be additional language or the legal description Included. The
board discussed the reorientation of the parcels to face Sea crest and they were included in the
package. The CRA was trying to square off the site. Ms. Bright explained there had been
significant interest in those properties from various parties. The property encompassed not just
the Ocean Breeze site, but the Peters property as well.
Motion
Vice Chair Norem moved approval. Mr. Myott seconded the motion that unanimously passed.
C. Consideration of Sponsoring the Avenue of the Arts
Staff explained this item was to kick start the creation of the downtown area where 10 pieces of
sculpture, primarily from Ocean Avenue to the Intracoastal as the downtown area begins to
emerge.
Debby Coles-Dobay, Public Art Administrator, thanked the board and explained the program
should stimulate growth in the downtown area. The program was a year-long program, for art
to be put on loan and strategically placed to encourage travel to an area. People could see
what was being built. This year, there were no funds to do this due to many projects having
site plan time extensions.
Ms. COles-Dobay reviewed the different locations on the map. She advised they already had
podiums and she spoke about the artists who were selected by the committee. A commitment
to install the art and to ensure they would be able to withstand the windload standards needed
to be made. International and local artists were involved. They were trying to coordinate this
to the August 4th event at the Marina, which was the Jazz and Seafest. Visitors could look at
the artwork and listen.
She reviewed the costs and procedures to do this. The largest cost was to have the pads
poured and installed. She was seeking a sponsorship basically to construct the pads and there
were other costs such as stipends to bring in the work. There were sponsorship opportunities
for individuals, businesses and others to sponsor cultural events.
.
12
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida March 13, 2007
She reviewed her Powerpoint presentation and noted there would be structural engineering
required. This was for a pad being poured on grass, a paver area and some on existing pedestal
areas. There was discussion about the fees being collected. Public art was something other
entities might want to be involved in and the Commissioners have been to other cities and been
impressed with the art they had.
Ms. Bright advised Ms. Adelsperger and Ms. Biscutti were working on a sponsorship- kit and
were trying to garner business and developer support for the effort. It was thought businesses
would love to have their name on pieces of sponsored art.
Motion
Ms. Horenburger moved approval of a loan for $40K with a cost for the bases from account
58300-200 to be reimbursed to the CRA from funds generated from the Arts Ordinance. Mr.
Norem seconded the motion.
Mr. Reardon noted this would be an interlocal agreement and they would send it over to the
City because the City needs to approve it also.
Vice Chair Norem asked if this was included in Ms. Horenburger's motion. Ms. Horenburger
added the Interlocal Agreement to her motion.
~
There was a vote on the motion that unanimously passed.
D. Funding Request: Lasendra Hoggins for Homebuyers Program - $47,000
Ms. Brooks reviewed this item for program funds and recommended approval. Ms. Horenburger
noted when they have items like this, for the benefit of the public, those items should be moved
up on the agenda. She had observed a small child in the audience sleeping.
Ms. Hoggins thanked the board for the program. She announced she was originally supposed
to close by the end of the week, but there was a paperwork issue. She hoped to close within
the next few weeks. The board congratulated her.
Motion
Ms. Heavilin moved approval of the item. Mr. Myott seconded the motion that unanimously
passed .
E. Consideration of Issuing an RFQ for Professional Services
Motion
Vice Chair Norem moved approval. Mr. Myott seconded the motion that unanimously passed.
.
13
Meeting Minutes
Community Redevelopment Agency
~vnton Beach, Florida March 13, 2007
F. Consideration of Purchasing Property at NE 1st Street (Downtown Parking)
Ms. Brooks reviewed this item and advised a parking plan was discussed over the summer to
determine where parking would occur. The consensus of the board at that time was to have
parking throughout the area. This item was one site that would be used and the surface parking
would allow for 88 parking spaces there as an interim until structured parking could be
developed later.
Motion
Ms. Horenburger moved approval of staff recommendations. Vice Chair Norem seconded the
motion that unanimously passed.
G. Presentation of the New CRA Website
Margee Adelsperger, Communications and Marketing Director, announced staff was working
with AMBIT on the new website. Mr. Stan Brown, Vice President of AMBIT, reviewed the
website which was not live yet. The board was advised there were some adjustments that still
needed to be made.
Mr. Brown thanked the board and reviewed the site, which was a beta site. He briefly
demonstrated each 'ink and page and how to access the information.
Ms. Horenburger asked whether the website indicated whether contained the City's logo, which
was "Gateway to the Gulfstream" and whether it listed the City elected officials. Mr. Brown
indicated there was a link to the City's website which featured CRA funded and private
development projects. Mr. Brown advised CRA staff could upload photos from their local office,
and without a webmaster, enter any updates, as needed.
Ms. Bright also advised the annual report would be mailed out and a copy was distributed to the
board. Ms. Bright explained the annual report was a statutory requirement. They had not been
in compliance in prior years and it met the State Redevelopment Association requirements.
On another matter, feedback for Heritage Fest was received and the main complaint was there
was not enough parking for the concert and the VIP tent was too crowded. The police
estimated between 4K and SK people attended.
H. Seconded Amended Mediation Agreement Transfer Discussion
Ms. Bright reviewed thr document between the City, the Related Group and Two Georges. The
agreement was made to create development along the waterfront. The CRA had not been
officially brought to the table and added to the agreement. In November of 2006, Ms. Bright
began working with the Related Group to end the mediation agreement. The concerns were
about the parking with the new parcel. The City Commission took action to transfer the
document to the CRA, but the CRA did not know why that was done.
.
14
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida March 13, 2007
Attorney Spillias explained the agreement Ms. Bright referred to was the second amended
mediation agreement, which was entered into by the parties to a lawsuit who were the City,
Two Georges and The Related Group not the CRA. There were three different versions of the
agreement. After the meeting on February 13th, Attorney Spillias received notification from Ms.
Byrne directing him to prepare an amendment to the second amended mediation agreement to
reflect changes to its terms and to have it ready by Friday. Attorney Spillias did not have much
background information, and contacted the City Attorney about why he was being asked to
prepare the amendment. The City Attorney explained it was a CRA property and the CRA could
add into it what it liked.
Attorney Spillias announced he prepared an amendment reflecting what he understood to be
Changes and there were specific items the parties wanted addressed in the agreement which
were a Maintenance Agreement for Casa Loma Boulevard, a swap of parking spaces so Two
Georges would have more outside spaces, where the Two Georges parking spaces in the
parking garage would be, and where the public parking spaces would be, which required
additional meetings with the City Staff.
The CRA attempted to inform the City the plan the Related Group and the CRA developed was
the appropriate approach. The plan also provided for actions having to do with the site plan,
which had been approved for a restaurant. A change in the site plan to allow a dock masters
building needed to be approved. The CRA needed to address how to maintain the dive shop
grandfathered status, and under what circumstances would the CRA lose that. Attorney Spillias
advised those were all City approvals that needed to be obtained. The CRA had been told the
agreement was transferred to the CRA. The agreement was a court document that the CRA
was not a party to, and which contained a lot of obligations to change site plan for signage that
the CRA cannot approve without the City. Attorney Spll/ias contacted the City Attorney to send
the documentation about what was being transferred, but he had not received an answer.
Attorney Spillias indicated he did not believe the City could not force an agreement on the CRA
without the CRA approval, and without the CRA knowing what benefits would be gained, what
obligations they had, and what happens to the City's obligations in the agreement. He advised,
his understanding was the City would submit the document to the court.
Ms. Horenburger asked if the agenda item was reviewed to see what the City Attorney might
have.
Chair Henderson explained they were trying to work out what would happen on Casa Lorna. He
advised not to touch the issue and return the matter to Attorney Cherof. He explained if
Attorney Cherof wanted to meet, they could. The CRA was not a party when it happened.
Attorney Spillias explained the CRA had a stake in the matter and thought the CRA would at
some point have an interlocal agreement with the City that brought them into the agreement
,but not into the case.
Attorney Spillias explained as the purchaser of Two Georges, there are certain obligations the
CRA becomes obligated to, but not the whole package. Ms. Horenburger thought a letter to the
Mayor would be appropriate.
.
15
Meeting Minutes
Community Redevelopment Agency
,=:,ynton Beach, Florida March 13, 2007
There was no further discussion on this item.
X. Comments by Staff
None.
XI. Comments by Executive Director
No further comments made.
XII. Comments by CRA Board Attorney
None.
XIII. Comments by CRA Board
Ms. Horenburger noted she traveled along Federal Highway, which looked like a fire from dirt
blowing in the wind. She announced she spoke with Commissioner Rodriguez about the issue
and he contacted Code Enforcement. Ms. Horenburger suggested asking the City Commission
to require the property be grassed and watered and Ms. Heavilin suggested that be added as a
condition of approval at time of site plan. Ms. Horenburger also noted there was a trailer at
Boynton Beach Boulevard and U.S. 1 and asked if it was allowed to be there. Mr. Reardon
explained it was and they were waiting for City permits. Ms. Horenburger thought adding
plants or something to assist with the aesthetics of the site would be helpful.
She also asked for an update on the community land trust. Attorney Spillias advised they met
with the land trust and he was waiting for documentation about trust documents.
Vice Chair Norem announced on Thursday, the South Florida Water Management District will
vote on Phase I water restrictions.
Susan Harris, Administrative Assistant, indicated last month the board discussed additional staff
personnel. She reported they advertised the positions, held interviews and an offer was made.
Ms. Harris introduced Mike Simon as the new Development Manager for Acquisitions. The
board welcomed Mr. Simon.
Mr. Myott asked his monthly CRA pre-agenda meetings be reinstated. He announced the items
could be challenging and the information was helpful to him. Ms. Bright agreed to the request.
Chair Henderson requested when hiring individuals for staff, to take a holistic view of the
agency. Ms. Harris explained the recruitment process is blind. She reported she would meet
with City staff under the Human Resource Interlocal Agreement to address that issue.
.
16
Meeting Minutes
Community Redevelopment Agency
:Vnton Beach, Florida March 13, 2007
XIV. Adjournment
There being no further business to discuss, the meeting adjourned at 9: 13 p.m.
G(I1wJ{ 4bvumO/ll\
Catherine Cherry-Guberman
Recording Secretary
031907
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17
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: V. CONSENT AGENDA :
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: B. APPROVAL OF THE FINANCIALS: :
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: PERIOD ENDED - MARCH 31, 2007 :
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'"
~~~qY~Te~ eRA
iIii East Side-West S.,de-Seaslde Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: APRIL 10, 2007
AGENDA ITEM:
I X I Consent Agenda I Old Business I New Business I Public Hearing I Other I
SUBJECT: MONTHLY FINANCIAL REPORT
SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the
month ending March 31, 2007.
FISCAL IMP ACT: As of Mach 31, 2007 the CRA had received 98.76 % of expected revenue and
expended 40.72% of its appropriations for fiscal 2006-2007. The end of March represents the fiscal year mid
point. There are six (6) months remaining in this fiscal year
RECOMMENDATIONS: NA
A1J~
ROBERT T. REARDON, ASSIST. DIRECTOR
.
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Soard
Meetings\0704 10 CRA Soard meeting - April\Monthly Financial report.doc
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 1
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST, 2007
1)2 -gENERAL~
.%"^"e~AL e y
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
REVENUE SUMMARY
T.I.F.INCOME 9,000,000 9,000,000 0.00 9,292,498.65 0.00 ( 292,498.65) 3.25-
MARINA RENT & GRANT INC 620,000 620,000 75,244.39 210,802.52 0.00 409,197.48 66.00
MARKETING INCOME 10,000 10,000 300.00 600.00 0.00 9,400.00 94.00
FESTIVALS & EVENT INCOME 2,000 2,000 1,000.00 14,461.60 0.00 ( 12,461. 60) 623.08-
INVESTMENT INCOME 180,000 180,000 0.00 173,484.29 0.00 6,515.71 3.62
CONTRIBUTIONS & DONATION 1,000 1,000 0.00 0.00 0.00 1,000.00 100.00
MISCELLANEOUS 0 0 30.65 732.36 0.00 ( 732.36) 0.00
OTHER FINANCING SOURCES 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL REVENUES 9,813,000 9,813,000 76,575.04 9,692,579.42 0.00 120,420.58 1. 23
------------ ------------ ------------- ------------- ------------- ------------- -------
------------ ------------ ------------- ------------- ------------- ------------- -------
EXPENDITURE SUMMARY
LEGISLATIVE 48,800 48,800 3,163.24 27,149.45 6,329.22 15,321.33 31.40
ADMINISTRATIVE 233,216 245,116 18,863.28 114,935.01 1,265.32 128,915.67 52.59
AUDITOR 10,900 23,608 2,970.00 23,407.37 0.00 200.63 0.85
FINANCE 176,101 177,401 15,041.66 84,018.50 424.36 92,958.14 52.40
INSURANCES 40,311 55,881 0.00 55,446.97 0.00 434.03 0.78
PROFESSIONAL SERVICES 613,525 611,525 77,380.75 240,779.61 86,500.00 284,245.39 46.48
PLANNING 225,200 267,585 17,856.23 81,889.87 11,522.89 174,171.86 65.09
BUILDINGS & PROPERTY 245,945 252,325 36,223.65 111,321.69 138,702.79 2,300.52 0.91
MARINA 39,000 39,000 79,961.88 163,813.41 19,458.35 ( 144,271.76) 369.93-
COMMUNICATIONS & TECHNOLO 83,404 83,404 1,616.10 8,087.78 34,616.62 40,699.60 48.80
SOFTWARE & TECHNOLOGY 30,077 30,077 0.00 11,500.00 8,079.90 10,497.10 34.90
CONTINGENCY 500,000 432,950 0.00 0.00 0.00 432,950.00. 100.00
POLICE 120,000 120,000 0.00 6,882.00 113,118.00 0.00 0.00
TRANSPORTATION 646,420 646,420 67,235.00 262,073.47 372,878.53 11,468.00 1.77
INCENTIVES & GRANTS 325,000 325,000 2,169.00 23,818.50 0.00 301,181. 50 92.67
SPECIAL EVENTS 264,800 265,400 12,604.29 84,885.82 125,692.85 54,821.33 20.66
ECONOMIC DEVELOPMENT 353,050 355,150 23,379.16 289,988.56 10,181. 00 54,980.44 15.48
SIGNAGE PROGRAM 15,000 15,000 2,800.00 3,550.00 0.00 11,450.00 76.33
HEART OF BOYNTON 200,000 200,000 70,190.29 77,490.83 223.80 122,285.37 61.14
DEVELOPMENT PROJECTS 2,400,295 2,368,235 1,616.92 406,616.92 12,935.36 1,948,682.72 82.28
EMPLOYEE BEBEFITS 152,183 159,850 16,227.64 90,796.73 720.00 68,333.65 . 42.75
DEBT SERVICE 3,089,773 3,090,273 839,885.12 886,193.71 0.00 2,204,079.29 71.32
TRANSFER OUT 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL EXPENDITURES 9,813,000 9,813,000 1,289,184.21 3,054,646.20 942,648.99 5,815,704.81 59.27
------------ ------------ ------------- ------------- ------------- ------------- -------
------------ ------------ ------------- ------------- ------------- ------------- -------
REVENUES OVER/(UNDER) EXPENDITURES 0 0 ( 1,212,609.17) 6,637,933.22 ( 942,648.99) ( 5,695,284.23) 0.00
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 2
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST, 2007
1)1 ,qENER"~!. FUNl"
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
REVENUES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
T.I.F.INCOME
01-41000 T.I.F. COLLECTIONS 9,000,000 9,000,000.0 0.00 9,292,498.65 0.00 ( 292,498.65) 3.25-
TOTAL T.I.F.INCOME 9,000,000 9,000,000 0.00 9,292,498.65 0.00 ( 292,498.65) 3.25-
MARINA RENT & GRANT INC
01-42100 TROLLY -FEDERAL & MPO GRANTS 0 0.0 0.00 0.00 0.00 0.00 0.00
01-42110 MARINA - COUNTY GRANT 500,000 500,000.0 0.00 0.00 0.00 500,000.00 100.00
01-42112 MORTGAGE REIMB. - COUNTY GRAN 0 0.0 0.00 0.00 0.00 0.00 0.00
01-42115 MARINA RENTS 120,000 120,000.0 14,946.00 74,040.99 0.00 45,959.01 38.30
01-42116 MISCELLANEOUS RENTS FRO PROPE 0 0.0 600.00 2,167.74 0.00 ( 2,167.74) 0.00
01-42117 MARINA FUEL SALES 0 0.0 58,735.71 131,831.11 0.00 ( 131,831.11) 0.00
01-42118 MARINA MISC INCOME 0 0.0 962.68 2,762.68 0.00 ( 2,762.68) 0.00
01-42120 MANGROVE LAND PURCHASE 0 0.0 0.00 0.00 0.00 0.00 0.00
TOTAL MARINA RENT & GRANT INC 620,000 620,000 75,244.39 210,802.52 0.00 409,197.48 66.00
MARKETING INCOME
01-43100 TROLLY MARKETING INCOME 10,000 10,000.0 300.00 600.00 0.00 9,400.00 94.00
TOTAL MARKETING INCOME 10,000 10,000 300.00 600.00 0.00 9,400.00 94.00
FESTIVALS & EVENT INCOME
01-44100 FESTIVAL & EVENT INCOME 2,000 2,000.0 0.00 0.00 0.00 2,000.00 100.00
01-44101 SHARED FESTIVAL INCOME-PIRATE 0 0.0 0.00 8,288.85 0.00 ( 8,288.85) 0.00
01-44102 SHARED FESTIVAL INC- MEDIEVAL 0 0.0 0.00 3,369.77 0.00 ( 3,369.77) 0.00
01-44103 SHARED FESTIVAL INC - HERITAG 0 0.0 1,000.00 1,000.00 0.00 ( 1,000.00) 0.00
01-44104 SHARED FESTIVAL INC-HOLIDAY F 0 0.0 0.00 1,802.98 0.00 ( 1,802.98) 0.00
TOTAL FESTIVALS & EVENT INCOME 2,000 2,000 1,000.00 14,461. 60 0.00 ( 12,461. 60) 623.08-
INVESTMENT INCOME
01-46100 INTEREST INCOME 180,000 180,000.0 0.00 173,484.29 0.00 6,515.71 3.62
TOTAL INVESTMENT INCOME 180,000 180,000 0.00 173,484.29 0.00 6,515.71 3.62
CONTRIBUTIONS & DONATION
01-47100 CONTRIBUTIONS & DONATIONS 1,000 1,000.0 0.00 0.00 0.00 1,000.00 100.00
TOTAL CONTRIBUTIONS & DONATION 1,000 1,000 0.00 0.00 0.00 1,000.00 100.00
MISCELLANEOUS .
01-48100 MISCELLANEOUS INCOME 0 0.0 30.65 732.36 0.00 ( 732.36) 0.00
01-48200 REFUND FROM PRIOR YEAR EXP 0 0.0 0.00 0.00 0.00 0.00 0.00
TOTAL MISCELLANEOUS 0 0 30.65 732.36 0.00 ( 732.36) 0.00
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 3
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST, 2007
I'll -qENER,Il.r. "'rJN!'
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
REVENUES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
OTHER FINANCING SOURCES
01-49100 OTHER FINANCING SOURCES 0 0.0 0.00 0.00 0.00 0.60 0.00
TOTAL OTHER FINANCING SOURCES 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL REVENUES 9,813,000 9,813,000 76,575.04 9,692,579.42 0.00 120,420.58 1. 23
------------ ------------ ------------- ------------- ------------- ------------- -------
------------ ------------ ------------- ------------- ------------- ------------- -------
. .-.
.
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 4
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST, 2007
1)1 -tJENERAL FUN!.'
LIIC!%8l.A'l':!:VI!I
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51010-200 CONTRACTUAL EXPENSE 6,000 6,000 0.00 2,287.12 3,712.88 0.00 0.00
01-51010-203 MISCELLANEOUS 3,200 3,200 0.00 2,085.00 387.58 727.42 22.73
01-51010-216 ADVERTISING & PUBLIC NOTI 1,000 2,200 476.68 813.76 1,380.00 6.24 0.28
01-51010-220 PROMO & BUSINESS TRAVEL 0 0 0.00 0.00 0.00 0.00 0.00
01-51010-225 ASSOC. MEETINGS & SEMINAR 36,000 34,800 2,379.56 19,851.68 600.51 14,347.81 41. 23
01-51010-227 DELIVERY SERVICES 2,000 2,000 307.00 1,512.63 248.25 239.12 11. 96
TOTAL PURCHASED/CONTRACT SERV 48,200 48,200 3,163.24 26,550.19 6,329.22 15,320.59 31. 79
SUPPLIES
01-51010-300-- OFFICE EXPENSE 600 600 0.00 599.26 0.00 0.74 0.12
TOTAL SUPPLIES 600 600 0.00 599.26 0.00 0.74 0.12
TOTAL LEGISLATIVE 48,800 48,800 3,163.24 27,149.45 6,329.22 15,321. 33 31. 40
.
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 5
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST, 2007
0] -~ENIi:RAJ. J;'TTNJ"I
~.".."_"!rV.
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PERSONNEL SERVICES
01-51230-100 PERSONNEL SERVICES 195,000 204,900 15,424.32 94,578.91 0.00 110,321.09 53.84
01-51230-115 CAR ALLOWANCE 4,030 4,030 310.00 1,820.90 0.00 2,209.10 54.82
TOTAL PERSONNEL SERVICES 199,030 208,930 15,734.32 96,399.81 0.00 112,530.19 53.86
PURCHASED/CONTRACT SERV
01-51230-200 CONTRACTUAL EXPENSE 500 500 0.00 0.00 0.00 500.00 100.00
01-51230-203 MISCELLANEOUS 2,000 2,000 0.00 2,000.00 0.00 0.00 0.00
01-51230-220 PROMO & BUSINESS TRAVEL 0 0 0.00 0.00 0.00 0.00 0.00
01-51230-225 ASSOC. MEETINGS & SEMINAR 10,000 12,000 2,213.54 10,426.45 992.77 580.78 4.84
01-51230-22&. MEMBERSHIP DUES 4,870 4,870 100.00 2,823.00 0.00 2,047.00 42.03
01-51230-227 DELIVERY SERVICES 500 500 24.42 224.42 0.00 275.58 55.12
01-51230-229 CAREER DEVELOPMENT 3,000 3,000 45.00 45.00 0.00 2,955.00 98.50
TOTAL PURCHASED/CONTRACT SERV 20,870 22,870 2,382.96 15,518.87 992.77 6,358.36 27.80
SUPPLIES
01-51230-300 OFFICE EXPENSE 1,000 1,000 11. 00 379.80 0.00 620.20 62.02
01-51230-310 OFFICE SUPPLIES 7,500 7,500 735.00 2,249.43 272.55 4,978.02 66.37
01-51230-355 SUBSCRIPTIONS 1,316 1,316 0.00 289.20 0.00 1,026.80 78.02
01-51230-360 BOOKS & PUBLICATIONS 1,000 1,000 0.00 97.90 0.00 902.10 90.21
01-51230-365 OFFICE PRINTING COSTS 2,500 2,500 0.00 0.00 0.00 2,500.00 100.00
TOTAL SUPPLIES 13,316 13,316 746.00 3,016.33 272 . 55 10,027.12 75.30
DEPRECIATION & AMORT
01-51230-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL ADMINISTRATIVE 233,216 245,116 18,863.28 114,935.01 1,265.32 128,915.67 52.59
.
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 6
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST, 2007
01 - GENERAL WTJliIn
AUD:E~OIl
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51320-202 AUDITORS FEES 10,700 23,408 2,970.00 23,407.37 0.00 0.63 0.00
01-51320-227 DELIVERY SERVICES 200 200 0.00 0.00 0.00 200.00 100.00
TOTAL PURCHASED/CONTRACT SERV 10,900 23,608 2,970.00 23,407.37 0.00 200.63 0.85
TOTAL AUDITOR 10,900 23,608 2,970.00 23,407.37 0.00 200.63 0.85
" .-.
"
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 7
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST, 2007
., , - t;E;B!!Vt,.!. 'l''J!IJ!'
.~"_I!l
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PERSONNEL SERVICES
01-51325-100 PERSONNEL SERVICES 149,000 149,000 11,461. 52 69,915.27 0.00 79,084.73 53.08
01-51325-115 CAR ALLOWENCE 2,600 2,600 200.00 1,300.00 0.00 1,300.00 50.00
TOTAL PERSONNEL SERVICES 151,600 151,600 11,661..52 71,215.27 0.00 80,384.73 53.02
PURCHASED/CONTRACT SERV
01-51325-200 CONTRACTUAL EXPENSE 4,500 4,500 73.96 1,007.67 68.94 3,423.39 76.08
01-51325-201 BANK FEES 500 1,800 316.44 1,510.96 0.00 289.04 16.06
01-51325-203 MISCELLANEOUS 0 0 0.00 0.00 0.00 0.00 0.00
01-51325-220 PROMO & BUSINESS TRAVEL 0 0 0.00 0.00 0.00 0.00 0.00
01-51325-22~-ASSOC. MEETINGS & SEMINAR 8,200 8,200 2,730.56 7,219.64 0.00 980.36 11.96
01-51325-226 MEMBERSHIP DUES 1,300 1,300 0.00 0.00 0.00 1,300.00 100.00
01-51325-227 DELIVERY COSTS 361 361 12.71 150.14 0.00 210.86 58.41
01-51325-229 CAREER DEVELOPMENT 3,000 3,000 0.00 0.00 0.00 3,000.00 100.00
TOTAL PURCHASED/CONTRACT SERV 17,861 19,161 3,133.67 9,888.41 68.94 9,203.65 48.03
SUPPLIES
01-51325-300 OFFICE EXPENSE 1,500 1,500 0.00 588.17 174.27 737.56 49.17
01-51325-310 OFFICE SUPPLIES 3,000 3,000 196.51 2,276.69 181.15 542.16 18.07
01-51325-355 SUBSCRIPTIONS 0 0 0.00 0.00 0.00 0.00 0.00
01-51325-360 BOOKS & PUBLICATIONS 100 100 0.00 0.00 0.00 100.00 100.00
01-51325-365 OFFICE PRINTING COSTS 1,040 1,040 0.00 0.00 0.00 1,040.00 100.00
TOTAL SUPPLIES 5,640 5,640 196.51 2,864.86 355.42 2,419.72 42.90
CAPITAL OUTLAY
01-51325-400 EQUIPMENT COSTS 1,000 1,000 49.96 49.96 0.00 950.04 95.00
TOTAL CAPITAL OUTLAY 1,000 1,000 49.96 49.96 0.00 950.04. 95.00
DEPRECIATION & AMORT
01-51325-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL FINANCE 176,101 177,401 15,041. 66 84,018.50 424.36 92,958.14 52.40
.
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 8
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST, 2007
01 -GENERAL FUND
:I:...ulUUte..
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51410-200 CONTRACTUAL EXPENSE 6,300 6,586 0.00 6,563.97 0.00 22.03 0.33
01-51410-213 GENERAL PROPERTY COVERAGE 29,000 44,570 0.00 44,448.00 0.00 122.00 0.27
01-51410-214 EMPLOYEE FIDELITY COVERAG 811 825 0.00 825.00 0.00 0.00 0.00
01-51410-215 DIRECTORS & OFFICERS COVE 4,200 3,900 0.00 3,610.00 0.00 290.00 7.44
TOTAL PURCHASED/CONTRACT SERV 40,311 55,881 0.00 55,446.97 0.00 434.03 0.78
TOTAL INSURANCES 40,311 55,881 0.00 55,446.97 0.00 434.03 0.78
- "-
.
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 9
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST. 2007
~iopilg'8AkL~!l!iVIC!S
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51420-200 CONTRACTUAL EXPENSE 126,000 126,000 38,680.98 47,362.23 41,500.00 37,137.77 29.47
01-51420-201 CONTRACT LEGAL 350,000 350,000 31,199.77 148,252.38 0.00 201,747.62 57.64
01-51420-203 LOBBYING COSTS- FED & STA 80,000 80,000 7,500.00 15,000.00 45,000.00 20,000.00 25.00
01-51420-204 CITY STAFF COSTS 7,325 7,325 0.00 45.00 0.00 7,280.00 99.39
01-51420-227 CONTRACT LEGAL DELIVERY S 200 200 0.00 0.00 0.00 200.00 100.00
01-51420-228 BUILDING & DEMOLITION PER 50,000 48,000 0.00 30,120.00 0.00 17,880.00 37.25
TOTAL PURCHASED/CONTRACT SERV 613,525 611,525 77,380.75 240,779.61 86,500.00 284,245.39 46.48
TOTAL PR0FESSIONAL SERVICES 613,525 611,525 77,380.75 240,779.61 86,500.00 284,245.39 46.48
.
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 10
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST, 2007
~~;NI!t.a..!. Y~'!I.T
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PERSONNEL SERVICES
01-51440-100 PERSONNEL SERVICES 86,000 126,385 9,307.69 45,246.12 0.00 81,138.50 64.20
TOTAL PERSONNEL SERVICES 86,000 126,385 9,307.69 45,246.12 0.00 81,138.50 64.20
PURCHASED/CONTRACT SERV
01-51440-200 CONTRACTUAL EXPENSE 124,000 124,000 7,340.00 28,546.00 11,032.90 84,421.10 68.08
01-51440-203 MISCELLANEOUS 0 0 0.00 0.00 0.00 0.00 0.00
01-51440-216 ADVERTISING & PUBLIC NOTI 1,000 1,000 0.00 0.00 0.00 1,000.00 100.00
01-51440-220 PROMO & BUSINESS TRAVEL 0 0 0.00 0.00 0.00 0.00 0.00
01-51440-225 ASSOC. MEETINGS & SEMINAR 3,800 5,800 1,012.03 5,752.61 0.00 47.39 0.82
01-51440-22S-MEMBERSHIP DUES 900 900 0.00 656.25 0.00 243.75 27.08
01-51440-227 DELIVERY SERVICES 500 500 0.00 100.00 0.00 400.00 80.00
01-51440-229 CAREER DEVELOPMENT 1,500 1,500 0.00 0.00 0.00 1,500.00 100.00
TOTAL PURCHASED/CONTRACT SERV 131,700 133,700 8,352.03 35,054.86 11,032.90 87,612.24 65.53
SUPPLIES
01-51440-300 OFFICE EXPENSE 3,000 2,860 0.00 0.00 0.00 2,860.00 100.00
01-51440-310 OFFICE SUPPLIES 1,200 1,371 196.51 1,047.92 322.74 0.34 0.02
01-51440-355 SUBSCRIPTIONS 200 200 0.00 0.00 0.00 200.00 100.00
01-51440-360 BOOKS & PUBLICATIONS 300 300 0.00 95.00 0.00 205.00 68.33
01-51440-365 OFFICE PRINTING COSTS 2,500 2,469 0.00 445.97 167.25 1,855.78 75.16
TOTAL SUPPLIES 7,200 7,200 196.51 1,588.89 489.99 5,121.12 71.13
CAPITAL OUTLAY
01-51440-400 EQUIPMENT COSTS 300 300 0.00 0.00 0.00 300.00 100.00
TOTAL CAPITAL OUTLAY 300 300 0.00 0.00 0.00 300.00 100.00
DEPRECIATION & AMORT
01-51440-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL PLANNING 225,200 267,585 17,856.23 81,889.87 11,522.89 174,171.86 65.09
.
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 11
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST. 2007
.o.~.INiiAl t.~.ftTY
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51620-200 CONTRACTUAL EXPENSE 2,000 2,000 218.75 930.00 390.00 680.00 34.00
01-51620-205 RENTAL OF OFFICES 48,229 48,400 4,000.00 24,000.00 24,000.00 400.00 0.83
01-51620-206 MAINTENENCE & CLEANING 5,400 8,280 690.00 4,240.00 4,040.00 0.00 0.00
01-51620-207 OFFICE SPACE CHARGES 3,700 5,029 602.98 4,687.42 291.88 49.70 0.99
01-51620-208 EQUIPMENT LEASES 11,616 11,827 948.00 6,138.90 5,688.00 0.10 0.00
01-51620-209 PROPERTY MAINTENENCE COST 150,000 152,000 28,701. 87 65,704.82 89,638.13 ( 3,342.95) 2.20-
TOTAL PURCHASED/CONTRACT SERV 220,945 227,536 35,161.60 105,701.14 124,048.01 ( 2,213.15) 0.97-
SUPPLIES
01-51620-315- POSTAGE COSTS 2,000 2,000 206.99 779.01 498.97 722.02 36.10
01-51620-325 ELECTRICITY COSTS 10,000 10,000 388.44 2,028.02 7,971.98 0.00 0.00
01-51620-326 WATER CHARGES 8,000 8,000 174.74 1,816.17 6,183.83 0.00 0.00
TOTAL SUPPLIES 20,000 20,000 770.17 4,623.20 14,654.78 722.02 3.61
CAPITAL OUTLAY
01-51620-400 EQUIPMENT COSTS 5,000 4,789 291.88 997.35 0.00 3,791.65 79.17
TOTAL CAPITAL OUTLAY 5,000 4,789 291.88 997.35 0.00 3,791.65 79.17
DEPRECIATION & AMORT
01-51620-600 DEPREACTION EXPENSE 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL BUILDINGS & PROPERTY 245,945 252,325 36,223.65 111,321. 69 138,702.79 2,300.52 0.91
.
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 12
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST, 2007
n1 - qEN!!!R~! "'T]Nt'
__..a
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51630-200 CONTRACTUAL 10,000 9,200 0.00 741. 01 0.00 8,458.99 91. 95
01-51630-206 MAINTENANCE 1,000 1,000 6,850.00 6,850.00 0.00 ( 5,850.00) 585.00-
01-51630-209 PROPERTY MAINTENENCE 15,000 15,000 8,300.00 18,400.00 4,500.00 ( 7,900.00) 52.67-
01-51630-241 MARINA FUEL MANAGEMENT 0 0 9,658.33 21,497.57 0.00 ( 21,497..57 ) 0.00
01-51630-242 MARINE FUEL STATION OVERH 0 0 2,471.32 3,060.32 0.00 ( 3,060.32) 0.00
TOTAL PURCHASED/CONTRACT SERV 26,000 25,200 27,279.65 50,548.90 4,500.00 ( 29,848.90) 118.45-
SUPPLIES
01-51630-325 ELECTRIC COSTS 6,000 6,800 722.85 4,287.52 3,533.37 ( 1,020.89) 15.01-
01- 51630- 32-6-. WATER COSTS 2,000 2,000 171. 61 555.02 1,444.98 0.00 0.00
01-51630-327 GASOLINE & DEISEL FUEL PU 0 0 50,834.24 107,468.44 0.00 ( 107,468.44) 0.00
01-51630-328 MARINA DIESEL SALES TAX 0 0 953.53 953.53 0.00 ( 953.53) 0.00
TOTAL SUPPLIES 8,000 8,800 52,682.23 113,264.51 4,978.35 ( 109,442.86)1,243.67-
CAPITAL OUTLAY
01-51630-400 EQUIPMENT COCTS 5,000 5,000 0.00 0.00 9,980.00 ( 4,980.00) 99.60-
TOTAL CAPITAL OUTLAY 5,000 5,000 0.00 0.00 9,980.00 ( 4,980.00) 99.60-
TOTAL MARINA 39,000 39,000 79,961.88 163,813.41 19,458.35 ( 144,271.76) 369.93-
k
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 13
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST. 2007
eeMMii!ei+!oi!~ T~CHNOLO
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51650-200 CONTRACTUAL EXPENSE 500 930 0.00 930.00 0.00 0.00 0.00
TOTAL PURCHASED/CONTRACT SERV 500 930 0.00 930.00 0.00 0.00 0.00
SUPPLIES
01-51650-330 TELEPHONE LINES 7,500 7,500 408.38 1.633.59 4,366.41 1,500.00 20.00
01-51650-335 T-1 COMMUNICATION LINE 1,500 1,500 49.32 528.61 971.39 0.00 0.00
01-51650-340 CELLULAR PHONES 3,504 6,511 488.40 2,561.83 3,948.B2 0.35 0.01
01-51650-345 WEB SITE 25,400 25,400 670.00 670.00 24,730.00 0.00 0.00
01-51650-350 WI-FI ANNUAL COST 44,000 40,993 0.00 1,763.75 600.00 38,629.25 94.23
TOTAL SUPPLIES B1,904 81,904 1,616.10 7,157.78 34,616.62 40,129.60 49.00
CAPITAL OUTLAY
01-51650-400 EQUIPMENT COSTS 1,000 570 0.00 0.00 0.00 570.00 100.00
TOTAL CAPITAL OUTLAY 1,000 570 0.00 0.00 0.00 570.00 100.00
TOTAL COMMUNICATIONS & TECHNOLO 83,404 83,404 1,616.10 8,087.78 34,616.62 40,699.60 48.80
.
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 14
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST. 2007
ae~T~III~~Ti8fiioLOGY
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51680-200 CONTRACTUAL EXPENSE 1,200 1,200 0.00 1,000.00 39.90 160.10 13 .34
01-51680-210 IT SUPPORT 18,540 18,540 0.00 10,500.00 8,040.00 0.00 0.00
01-51680-211 COMPUTER SOFTWARE LICENSE 5,000 5,000 0.00 0.00 0.00 5,000.00 100.00
01-51680-212 ACCOUNTING LIC & SUPPORT 4,337 4,337 0.00 0.00 0.00 4,337.00 100.00
TOTAL PURCHASED/CONTRACT SERV 29,077 29,077 0.00 11,500.00 8,079.90 9,497.10 32.66
CAPITAL OUTLAY
01-51680-400 EQUIPMENT COSTS 1,000 1,000 0.00 0.00 0.00 1,000.00 100.00
TOTAL CAPITAL OUTLAY 1,000 1,000 0.00 0.00 0.00 1,000.00 100.00
. .--
DEPRECIATION & AMORT
01-51680-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL SOFTWARE & TECHNOLOGY 30,077 30,077 0.00 11,500.00 8,079.90 10,497.10 34.90
.
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 15
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST, 2007
6eMilil~ !"~'N::
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-51990-200 CONTRACTUAL EXPENSE 500,000 432,950 0.00 0.00 0.00 432,950.00 100.00
TOTAL PURCHASED/CONTRACT SERV 500,000 432,950 0.00 0.00 0.00 432,950.00 100.00
TOTAL CONTINGENCY 500,000 432,950 0.00 0.00 0.00 432,950.00 100.00
~ p-
.
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 16
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST, 2007
01 - QENERAL FTJNn
........
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PERSONNEL SERVICES
01-53120-100 PERSONNEL SERVICES 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL PERSONNEL SERVICES 0 0 0.00 0.00 0.00 0.00 0.00
PURCHASED/CONTRACT SERV
01-53120-200 CONTRACTUAL EXPENSE 120,000 120,000 0.00 6,882.00 113,118.00 0.00 0.00
TOTAL PURCHASED/CONTRACT SERV 120,000 120,000 0.00 6,882.00 113,118.00 0.00 0.00
SUPPLIES
01-53120-320 POLICE SUPPLIES 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL SUp.PI..IES 0 0 0.00 0.00 0.00 0.00 0.00
CAPITAL OUTLAY
01-53120-400 EQUIPMENT COSTS 0 0 0.00 0.00 0.00 0.00 0.00
01-53120-410 POLICE CRUISER 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL CAPITAL OUTLAY 0 0 0.00 0.00 0.00 0.00 0.00
DEPRECIATION & AMORT
01-53120-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL POLICE 120,000 120,000 0.00 6,882.00 113,118.00 0.00 0.00
.
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 17
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST, 2007
I)J - '3ENERAL ~UNr
'l'ftAN8POftTAT%ON
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-55110-200 CONTRACTUAL EXPENSE 500 500 0.00 0.00 0.00 500.00 100.00
01-55110-230 TROLLEY OPERATIONS 556,920 556,920 65,520.00 247,610.00 298,600.00 10,710.00 1. 92
01-55110-231 TROLEY MARKETING COSTS 84,000 84,000 1,715.00 11,888.47 74,278.53 ( 2,167.00) 2.58-
01-55110-232 TROLLEY SYSTEMS COSTS 5,000 5,000 0.00 2,575.00 0.00 2,425.00 48.50
TOTAL PURCHASED/CONTRACT SERV 646,420 646,420 67,235.00 262,073.47 372,878.53 11.468.00 1. 77
TOTAL TRANSPORTATION 646,420 646,420 67,235.00 262,073.47 372,878.53 11,468.00 1. 77
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.
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 18
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST, 2007
01 -GENERAL FUND
z.a...zv.. a .aAW~.
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-57200-200 CONTRACTUAL EXPENSE 0 0 0.00 0.00 0.00 0.00 0.00
01-57200-236 PBC - DEVELOP. REGIONS GR 100,000 100,000 0.00 0.00 0.00 100,000.00 100.00
01-57200-237 RESIDENTIAL IMPROVEMENT P 0 0 0.00 0.00 0.00 0.00 0.00
01-57200-238 COMMERCIAL IMPROVEMENT PR 100,000 100,000 0.00 15,000.00 0.00 85,000.00 85.00
01-57200-239 ECONOMIC DEVELOPMENT PROG 125,000 125,000 2,169.00 8,818.50 0.00 116,181.50 92.95
01-57200-240 DIRECT INCENTIVE PROGRAM 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL PURCHASED/CONTRACT SERV 325,000 325,000 2,169.00 23,818.50 0.00 301.,1.81.50 92.67
TOTAL INGENTIVES & GRANTS 325,000 325,000 2,169.00 23,818.50 0.00 301,181. 50 92.67
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3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 19
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST, 2007
02 -lEN':!Wj '!'Nr
1I..e At Hi'
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PERSONNEL SERVICES
01-57400-100 PERSONNEL SERVICES 60,000 60,000 4,615.38 28,153.83 0.00 31,846.17 53.08
TOTAL PERSONNEL SERVICES 60,000 60,000 4,615.38 28,153.83 0.00 31,846.17 53.08
PURCHASED/CONTRACT SERV
01-57400-200 CONTRACTUAL EXPENSE 76,900 76,775 5,670.00 19,647.00 50,503.00 6,625.00 8.63
01-57400-203 MISCELLANEOUS 0 33 32.50 32.50 0.00 0.50 1. 52
01-57400-216 ADVERTISING & PUBLIC NOTI 35,000 35,025 708.79 7,206.54 27,817.25 1.21 0.00
01-57400-217 NEWS LETTER 14,000 14,600 0.00 6,692.84 7,829.88 77 .28 0.53
01-57400-218 ANNUAL REPORT & BROCHURES 50,000 50,000 0.00 13,833.50 34,675.00 1,491.50 2.98
01-57400-219-. FESTIVALS & EVENTS 0 0 0.00 0.00 0.00 0.00 0.00
01-57400-220 PROMO & BUSINESS TRAVEL 0 0 0.00 0.00 0.00 0.00 0.00
01-57400-221 CRA MEETINGS & EVENTS 0 0 0.00 0.00 0.00 0.00 0.00
01-57400-225 ASSOC. MEETINGS & SEMINAR 6,000 6,000 86.13 4,768.53 0.00 1.231.47 20.52
01-57400-226 MEMBERSHIP DUES 0 100 100.00 100.00 0.00 0.00 0.00
01-57400-227 DELIVERY SERVICES 200 200 35.00 149.70 0.00 50.30 25.15
01-57400-229 CAREER DEVELOPMENT 0 0 0.00 0.00 0.00 0.00 0.00
01-57400-236 PHOTOGRAPHY / VIDEOS 15,000 14,967 500.00 2,483.42 4,385.00 8,098.58 54.11
TOTAL PURCHASED/CONTRACT SERV 197,100 197,700 7,132.42 54,914.03 125,210.13 17,575.84 8.89
SUPPLIES
01-57400-300 OFFICE EXPENSE 2,500 2,500 159.98 297.88 159.98 2,042.14 81. 69
01-57400-310 OFFICE SUPPLIES 2,500 2,500 196.51 975.13 322.74 1,202.13 48.09
01-57400-355 SUBSCRIPTIONS 200 200 0.00 0.00 0.00 200.00 100.00
01-57400-360 BOOKS & PUBLICATIONS 0 45 0.00 44.95 0.00 0.05 0.11
01-57400-365 OFFICE PRINTING COSTS 2,500 2,455 500.00 500.00 0.00 1,955.00 79.63
TOTAL SUPPLIES 7,700 7,700 856.49 1,817.96 482.72 5,399.32- 70.12
DEPRECIATION & AMORT
01-57400-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL SPECIAL EVENTS 264,800 265,400 12,604.29 84,885.82 125,692.85 54,821.33 20.66
.
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 20
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST, 2007
t)1 -qENIi~T 1;'tIIi
....__ &vII MIlIt'!'
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PERSONNEL SERVICES
01-57500-100 PERSONNEL SERVICES 28,050 28,050 4,384.62 15,904.91 0.00 12,145.09 43.30
TOTAL PERSONNEL SERVICES 28,050 28,050 4,384.62 15,904.91 0.00 12,145.09 43.30
PURCHASED/CONTRACT SERV
01-57500-216 ADVERTISING & PUBLIC NOTI 0 0 0.00 0.00 0.00 0.00 0.00
01-57500-219 FESTIVALS & EVENTS 325,000 325,000 18,533.42 272,835.07 10,181. 00 41,983.93 12.92
01-57500-220 PROMO & BUSINESS TRAVEL 0 0 0.00 0.00 0.00 0.00 0.00
01-57500-222 BUSINESS PROGRAMING 0 0 0.00 0.00 0.00 0.00 0.00
01-57500-223 BUSINESS GENESIS 0 0 0.00 0.00 0.00 0.00 0.00
01-57500-225..ASSOC. MEETINGS & SEMINAR 0 100 0.00 87.67 0.00 12.33 12.33
01-57500-226 MEMBERSHIP DUES 0 0 175.00 175.00 0.00 ( 175.00) 0.00
TOTAL PURCHASED/CONTRACT SERV 325,000 325,100 18,708.42 273,097.74 10,181. 00 41,821. 26 12.86
SUPPLIES
01-57500-300 OFFICE EXPENSE 0 0 0.00 0.00 0.00 0.00 0.00
01-57500-310 OFFICE SUPPLIES 0 2,000 286.12 985.91 0.00 1,014.09 50.70
01-57500-355 SUBSCRIPTIONS 0 0 0.00 0.00 0.00 0.00 0.00
01-57500-360 BOOKS & PUBLICATIONS 0 0 0.00 0.00 0.00 0.00 0.00
01-57500-365 OFFICE PRINTING COSTS 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL SUPPLIES 0 2,000 286.12 985.91 0.00 1,014.09 50.70
DEPRECIATION & AMORT
01-57500-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL ECONOMIC DEVELOPMENT 353,050 355,150 23,379.16 289,988.56 10,181. 00 54,980.44 15.48
k
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 21
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST. 2007
~!eN~lill:JieC!W
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-58000-200 CONTRACTUAL EXPENSE 5,000 5,000 0.00 0.00 0.00 5,000.00 100.00
01-58000-224 SIGN CONSTRUCTION 10,000 10,000 2,800.00 3,550.00 0.00 6,450.00 64.50
TOTAL PURCHASED/CONTRACT SERV 15,000 15,000 2,800.00 3,550.00 0.00 11,450.00 76.33
TOTAL SIGNAGE PROGRAM 15,000 15,000 2,800.00 3,550.00 0.00 11,450.00 76.33
.-0
.
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 22
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST, 2007
01 -QENERA,J. "'UN!'
""A.' .,. .""",!,,,,,
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-58200-200 CONTRACTUAL EXPENSE 200,000 200,000 70,190.29 77,490.83 223.80 122,285.37 61.14
01-58200-232 NON PHASE I PROPERTY PURC 0 0 0.00 0.00 0.00 0.00 0.00
01-58200-233 TWN SQ PROJ - HS REHAB 0 0 0.00 0.00 0.00 0.00 0.00
01-58200-234 TRASH SYSTEM 0 0 0.00 0.00 0.00 0.00 0.00
01-58200-235 SAVAGE CREATURES 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL PURCHASED/CONTRACT SERV 200,000 200,000 70,190.29 77,490.83 223.80 122,285.37 61.14
DEPRECIATION & AMORT
01-58200-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL HEART OF BOYNTON 200,000 200,000 70,190.29 77,490.83 223.80 122,285.37 61. 14
"
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 23
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST, 2007
01 - r;ENER.ll"l. ~UNI:'
D.Y.~e."H~ .fte~BCTe
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PURCHASED/CONTRACT SERV
01-58300-200 CONTRACTUAL EXPENSE 2,400,295 2,368,235 1,616.92 406,616.92 12,935.36 1,948,682.72 82.28
TOTAL PURCHASED/CONTRACT SERV 2,400,295 2,368,235 1,616.92 406,616.92 12,935.36 1,948,682.72 82.28
TOTAL DEVELOPMENT PROJECTS 2,400,295 2,368,235 1,616.92 406,616.92 12,935.36 1,948,682.72 82.28
- .-~
..
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 24
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST, 2007
01 -GENERAL ....UNn
...~.w.. .....~~.
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
PERSONNEL SERVICES
01-59000-150 COMPENSATED TIME OFF 0 0 0.00 0.00 0.00 0.00 0.00
01-59000-151 F.I.C.A. 32,401 34,905 2,788.78 14,957.26 0.00 19,947.59 57.15
01-59000-152 MEDICARE 7,999 8,585 652.22 3,726.17 0.00 4,858.40 56.59
01-59000-153 RETIREMENT PLAN 401(a) 60,495 62,287 7,304.00 49,011.00 0.00 13,276.30 21. 31
01-59000-154 WORKERS COMP INSURANCE 5,714 5,714 2,000.74 2,000.74 0.00 3.713.26 64.99
01-59000-155 HEALTH INSURANCE 32.254 34.441 2,792.74 16,827.53 720.00 16.893.57 49.05
01-59000-156 DENTAL INSURANCE 3.164 3,314 239.63 1,347.90 0.00 1,965.90 59.32
01-59000-157 LIFE INSURANCE 2,064 2,267 419.15 2,534.66 0.00 ( 268.16) 11.83-
01-59000-158 SHORT / LONG TERM DISABIL 2,634 2,859 0.00 0.00 0.00 2,858.56 100.00
01-59000-1S9-. UNEMPLOYMENT CHARGES 5,000 5,000 0.00 222.21 0.00 4.777.79 95.56
01-59000-160 VISION INSURANCE 458 480 30.38 169.26 0.00 310.44 64.72
01-59000-161 COMPENSATED ABSENSES 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL PERSONNEL SERVICES 152,183 159,850 16,227.64 90,796.73 720.00 68,333.65 42.75
TOTAL EMPLOYEE BEBEFITS 152,183 159.850 16,227.64 90,796.73 720.00 68,333.65 42.75
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3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 25
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST, 2007
01 ~r.:'I!lNEl~:r.I. ....TNI'
.... ..."...
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
DEBT SERVICE
01-59800-810 LOAN PRINCIPAL 675,823 675,823 87,193.16 124,918.42 0.00 550,904.58 81.52
01-59800-811 BOND #1 PRINCIPAL 600,000 0 0.00 0.00 0.00 0.00 0.00
01-59800-812 BOND #2 PRINCIPAL 235,000 0 0.00 0.00 0.00 0.00 0.00
01-59800-820 LOAN INTEREST 204,015 204,015 65,225.71 73,559.04 0.00 130,455.96 63.94
01-59800-821 BOND #1 INTEREST 786,615 0 0.00 0.00 0.00 0.00 0.00
01-59800-822 BOND #2 INTEREST 588,320 0 0.00 0.00 0.00 0.00 0.00
01-59800-830 FINANCIAL AGENT FEES 0 500 0.00 250.00 0.00 250.00 50.00
01-59800-840 BONDING INSURANCE COSTS 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL DEBT SERVICE 3,089,773 880,338 152,418.87 198,727.46 0.00 681,610.54 77.43
- .--
OTHER FINANCING USES
01-59800-990 TRANS OUT TO DEBT SERVICE 0 2,209,935 687,466.25 687,466.25 0.00 1,522,468.75 68.89
TOTAL OTHER FINANCING USES 0 2,209,935 687,466.25 687,466.25 0.00 1,522,468.75 68.89
TOTAL DEBT SERVICE 3,089,773 3,090,273 839,885.12 886,193.71 0.00 2,204,079.29 71.32
.
3-27-2007 03:13 PM BOYNTON BEACH CRA PAGE: 26
REVENUE & EXPENDITURES REPORT (UNAUDITED)
AS OF: MARCH 31ST. 2007
fiAN!'II~OT7~~
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
DEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
OTHER FINANCING USES
01-59999-990 INTER FUND TRANSFERS OUT 0 0 0.00 0.00 0.00 0.00 0.00
01-59999-991 TRANSFER OUT-POLICE EXPEN 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL OTHER FINANCING USES 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL TRANSFER OUT 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL EXPENDITURES 9,813,000 9,813,000 1,289,184.21 3,054,646.20 942,648.99 5,815,704.81 59.27
... ------------ ------------ ------------- ------------- ------------- ------------- -------
------------ ------------ ------------- ------------- ------------- ------------- -------
REVENUES OVER/{UNDER) EXPENDITURES 0 0 ( 1,212,609.17) 6,637,933.22 ( 942,648.99) ( 5,695,284.23) 0.00
.
",i'-''''''''" ._.'"~';"~,""".JF."","""""'''iiW''K''(.'..'''''~'.r'''h_..'r.-'r;,w.!Ii~":'-""'"* _;","",i1lI''';.",<>,~ -~'~'~"ai~~'4"~"',,-..i.i"""r '.....I'.~'_Jt:J;;"..&- ""~j;4"kl"lj;"i,""~1U,":&&,,'~'~"~W"ltf'\i"'~,,,;;;,;,;;,;,,;~tHik:,J':'~;..:,j""I1ioi/'IllM.'duiJi.:i~~~l#<<<'::i.:;;t~'~~'1i\~i~~\,~i;ikit&a'iAi~\;;:..i.;,;>
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. v. CONSENT AGENDA .
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'~~~Y~Te~ eRA
Ii East Side- West S',de - Sea:;;~' RenalSsanc'e
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: APRIL 10, 2007
AGENDA ITEM:
XI Consent Agenda Old Business New Business Public Hearing Other I
SUBJECT: BUDGET AMENDMENT 2006-2007 # 02
SUMMARY: Appropriation amendment to the 2006-2007 General Fund budget. Budget amendment allows
the Director of Finance to bring accounts into conformity.
FISCAL IMP ACT: None
RECOMMENDATIONS: NA
1JJt~
ROBERT T. REARDON, ASSIST. DIRECTOR
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 BOilrd
Meetings\07 02 06 CRA Board Meeting - February\2006-2007 Budget Amendment Number 01.doc
EXHIBIT "A"
AMENDMENTS TO FY 2006-2007 GENERAL FUND BUDGET
April 10, 2007
DEPARTMENT DESCRIPTION APPROPRIATION INCREASE NEW APPROPRIATION
BUILDINGS & PROPERTY MAINTENANCE & CLEANING $ 152,000.00 $ 5,000.00 $ 157,000.00
TOTAL $ 5,000.00
DEPARTMENT DESCRIPTION APPROPRIATION DECREASE NEW APPROPRIATION
CONTINGENCY CONTRACTUAL $ 432,950.00 $ 5,000.00 $ 427,950.00
TOTAL $ 5,000.00
EXPLANATION OF BUDGET AMENDMENTS
FOR CHANGE 2006-2007 # 02
APIL 10,2007
ITEM # l: MAINTENANCE & CLEANING ($5,000.00) - Unbudgcted additional costs for property maintenance. As new properties
are added this account needs to be increased. In addition, the City charges us tor landscape maintenance along Boynton Beach Blvd
extension done by an outside contractor.
,~ 1 . ~~., "._-_.~--.... '""""'-.........,.-'''''''...".,..rl~~'''~'a,j('..''~''''~c'''I' -.~--"..~'.4...t'.,c;'~'-'li'itj_' "".~ .;.",,;i;lj;"""'l. ..;'ltltl.ii:a.~-;Noi""i'liiliii'~"","';'h:"'t.'"i:.;'i~;U:~_~~$;':iii;;!~~,,;~,o$'""'~;;"o_"
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. V. CONSENT AGENDA: .
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!bf!lq;~~qYNT2~ eRA
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ill East Side-West S.,de-Seas',de Rena',ssance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: AprillO, 2006
I Consent Agenda I Old Business New Business Public Hearing Other
SUBJECT: Consideration of exploring uses & costs for 310 NE 10TH Ave
SUMMARY: CRA staff approached the City Manager with a recommendation to renovate the
building and turn it into office space for the Neighborhood Services Department. City staff supported
this suggestion and since that time several groups have expressed interest in utilizing the building as
either office or meeting space.
Staff has not proceeded with a board discussion until now for two reasons: 1.) City/CRA negotiations
with InTown Partners prevent any activities that might interfere with potential property purchases along
the MLK Corridor; and 2.) CRA is now completing the selection process for general contracting firms
to assist the agency in renovations such as this facility.
This building once again has interest to City staff and the community to be considered for uses. Staff
would like to actively discuss with the City Manager and his staff to determine what might be the best
use. Once this is verified staff would be in a position to work with a general contracting firm to get a
construction estimate for the building.
Staff would be bringing these details back to the board at a later date to make a determination.
FISCAL IMP ACT: None.
RECOMMENDA TIONS: Authorize staff to secure cost estimates for building
renovation.
(L ~ fJJY
T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 04 10 CRA Board meeting - April\310 MLK Bldg Usage.doc
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. V. CONSENT AGENDA: .
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. E. APPROVAL OF THE RESCINDED DIFA FOR .
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. 500 OCEAN PLAZA .
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~~~~Y~Te~ eRA
- iIi East Side-West S'lde-Seaside Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: April 10, 2006
XI Consent Agenda I Old Business New Business Public Hearing Other
SUBJECT: Direct Incentive Funding Agreement - 500 Ocean Plaza
SUMMARY: At the October 25, 2006 CRA Board Meeting, Arthur Slaven, developer for the
500 Ocean Plaza project, reported that due to current real estate market conditions and the price of
construction the project would need to be reevaluated within the next 90 days. The CRA Board
supported this action.
- Since that time the developer has met with CRA staff several times and has currently contracted with
Suffolk Construction to prepare a revised pro forma. Mr. Slaven expects to have the financial results
within the next 60 days and will contact CRA staff to discuss. On March 5, 2007, CRA Staff discussed
the agency's willingness to renegotiate a Direct Incentive Funding Agreement once the project costs were
presented.
The agency has entered its seventh month of fiscal operation is proactively addressing the return of the
$2.0 million upfront set aside. At last month's CRA meeting, staff discussed the possibility of purchasing
the Boynton Women's Club and potentially this $2.0 million could be a potential funding source should
the board decide to purchase or operate the facility.
FISCAL IMP ACT: $2.0 million up front D.I.F.A. reverts to the General Fund for use on another
project to be completed by 9/30/07.
RECOMMENDA TIONS:
~ J-
-
T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2006-2007 Board
Meetingsl07 04 10 CRA Board meeting - April\500 Ocean Plaza.doc
WWW.!lw-\aw.com
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""Cj'''~~YNTe~ eRA
;"\';~' ;1'~\:'-Af
i".t~""' ~-...s,
'i<;,~ ~
'i,'''''. A
iiIi East Side-West Side-Seas'lde RenaISsance
BOYNTON BEACH eRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: April 10, 2006
I Consent Agenda Old Business New Business Public Hearing Other
SUBJECT: Boynton Beach High School Booster Club
SUMMARY: At the Boynton Beach Assembly held October 2006, one of the
outcomes was to assist Boynton Beach High improving its district grade of "D." The
suggestion was made to create a program of support for this initiative.
Several board members requested staff to provide the attached corporate documents
creating the Booster Club.
FISCAL IMPACT: None.
RECOMMENDA TIONS: None.
T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2006-2007 Board
Meetings\07 04 10 CRA Board meeting - April\BB High Booster Club.doc
l1.e City 0/ B~: .J.ton 13et1ch
OFFICE OF THE CITY MANAGER
100 E. Boynton Beach Boulevard
Po. Box 310
Boynton Beach, Florida 33425-0310
City Manager's Office: (561) 742-6010
FAX: (561) 742-6011
www.boynton-beach.org
To: Mayor Taylor
Vice Mayor Rodriguez
Commissioner McCray
Commissioner McKoy
Commissioner Weiland
From: Carisse Lejeune, Assistant to the City Manager rjJ
Date: January 31, 2007
Re: Boynton Beach High School Booster Club
Cc: Kurt Bressner, City Manager
Jim Cherof, City Attorney
Per the request of a member of the City Commission, please find attached to this
memorandum the Articles of Incorporation for the Boynton Beach High School Booster
Club.
Please note that the Articles of Incorporation read: Boynton Beach High School Tiger
Booster Club Inc., and the certificate was issued missing the work "Tiger." The Division
of Corporation in Tallahassee has been contacted, and they are correcting the error
and will be issuing a new certificate. The document number will not change.
At this time, the non-profit status for the Booster Club has not been finalized.
Please let me know if you have any questions.
Thank you.
FROM :GENE MOO~E LRWYER Fi=lX rH :5617342497 Jan. 30 2007 03:36PM P2
C
~tQtC ofjfio ' D-
t ~
-.: -'- rUlQ >
ilrpurtmrnt of &tatr
I certify the attached is a true and correct copy of the Articles of Incorporation of
BOYNTON BEACH HIGH SCHOOL BOOSTER CLUB, INC., a Florida
corporation, filed on December 18, 2006, as shown by the records of this office.
The document number of this corporation is N06000012846.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capitol, this the
Eighteenth day of December, 2006
~::-~\r,~,1>1.
CR2E022 (01-06) ~rrn't~n'~ llf ,$tIl1e
I ~ ~. k 0 J' os d , ~- 'j. ""'- - -.: :.:.-
FROM :GENE MOORE L~WYER F;:::::x ~m. : SE,l 7342497 Jan. 30 2007 03:35PM P3
December 18, 2006
GENE MOORE
PO BOX 910
BOYNTON BEACH, FL 33425-0910
The Articles of Incorporation for BOYNTON BEACH HIGH SCHOOL BOOSTER CLUB,
INC. were filed on December 18, 2006 and assigned document number
N06000012846. Please refer to this number whenever corre10nding with this office
regarding the above corporation. The certification you requeste is enclosed.
PLEASE NOTE: Com~iance with the following procedures is essential to maintaining
your corporate status. ailure to do so may result in dissolution of your corporation.
A corporation annual report must be filed with this office between January 1 and May 1
of each year beginning with the calendar year following the year of the filing/effective
date noted above and each year thereafter. Failure to file the annual report on time may
result in administrative dissolution of your corporation.
A federal employer identification (FEI) number must be shown on the annual report form
prior to its filinJ with this office. Contact the Internal Revenue Service to insure that you
receive the FE number in time to file the annual report. To obtain a FEI number, contact
the IRS at 1-800-829-3676 and request form 8S-4 or by going to their website at
www.irs.ustreas.gov.
Should your corporate mailing address change, you must notify this office in writing, to
insure important mailings such as the annual report notices reach you.
Should you have any questions regarding corporations. please contact this office at the
address given below.
Tim Burch, Document Specialist
New Filing Section Letter Number: 406AOOO71585
f'ol~,r1 : CE I JE ~1C10RE l Hi J ,H': F(V '~iJ. : 5~:,l 7].:.l~'~-:?7 Jan. 30 20fT 03: 3Tr.; ::~
FILED
2005 O[e \ 8 PH 2: S ~
~'~ll, ',,'F
II\L\ ',..\-;
ARTICLES OF INCORPORATION
The un~ere1gned ,incorporators for the purpose of forming a corporation
under the Florida Not for Profit Corporation Act, hereby adopt the
following Articles of Incorporation:
ARTICLE I NAME
The name of the corporation ahall be:
BOYNTON BEACH HIGH SCHOOL TIGER BOOSTER CLUB, INC.
ARTICLE II PRINCIPAL OFFICE
The principal place of business and mailing address of this
corporation shall be:
639 EAST OCEAN AVENUE
SUITE 409
BOYNTON BEACH, FLORIDA, 33435
ARTICLE III PURPOSE
The specific purposes for which the corporation is organized are:
To generally promote and support athletic endeavors connected
with the Boynton Beach High School, Palm Beach County, Florida,
and to promote and afford socialbility among its members, and
to make contracts, purchase, mortgage or leaae and hold all pro-
perty necessary to carry out these purposes, and to exercise
all powers granted corporations not for profit under the laws of
the State of Florida. The Club shall further give its full support
to the school's educational programs.
ARTICLE IV MANNER OF ELECTIONS
The manner in which the directors are elected or appointed is:
The original Bubscribers to these Articles shall constitute the
first Board of Directors which shall serve until the first Annual
Election, which shall be held in January of 2008. All directors
Bhall serve for a term of one year, in accordance with terms and
provisions of the By-Laws of the organization. Individual
directors shall be elected to office by a majority of qualified
membera participating in each annual election.
ARTICt.E .~., INITIAL REGIS'rERED AGENT AND STREET A.DDRESS
The name and Florida street address of the initial registered agent
is: Gene Moore
- 639 E Ocean Avenue
suite 409
Boynton Beach, FL 33435
~FCir'1 : ut::~1E :-V]OF'F L.HI,!':'EP F~~:\ I~C. : ~,'~,l-(3~~,-rJ-;" J2n. 30 2~=~O~ f_:=:': ::.~~lr'~ ;:--'"
ARTICLE VI INCORPORATORS
The name and addresses of the Incorporators to these Articles of
Incorporation are:
/'
% Gene Moore, Lawyer
639 E Ocean Ave GE Incorporator
Boynton Beach, FL
33435
Incorporator
% Gene Moore, Lawyer
639 E Ocean Ave Incorporator
Boynton Beach, FL ~j
33435
% Gene Moore, Lawyer
fi39 E Ocean Ave
Boynton Beach, FL Incorporato4
33435
% Gene Moore, Lawyer
639 E Ocean Ave
Boynton Beach FL Incorporator
33~35 '
Having been named as registered agent and to accept service of
process for the above stated corporation at the place designated
in this certificate, I hereby accept the appointment as registered
agent and agree to act in this capacity. I further agree to comply
with th ovisions of all statutes relating to the proper and com-
plet ~perf rmance of my duties, and I am familiar with and accept
the 0 ig ions of my ition as registered agent.
/ /;2- /;(-06
[/ Resident Agentl Gene Moore Dated:
FPC,.- : G!=I,E r.1UCI;:C'E Uc,:J,c:P c f,/ 'Ii]. : ~:,~~ 1 -, ~,.--12.':'3~~ T .:in. =-~C; ~'tJL1~ c:. ~~ ~~)~_1 ='~t
STATE OF FLORIDA
COUNTY OF PALt>1 BEACH
Before me, a Notary Public duly authorized in the state and
County above named to take acknowledgments, personally appeared,
GERALD TAYLOR, DAVID KATZ, DAVID FLOERING, QUETEL OSTERVAL, GENE
MOORE, and GLENN P. JERGENSEN, who are all known to me, and who
signed as Incorporators and Resident Agent_, Gene Moore, ln and who
did exocute the foregoing Articles of Incorporation, and they all
acknowledged before me that they executed and subscribed to these
Articles of Incorporation.
WITNESS my hand and official seal in the County and State
above named this 12th day of December, 2006.
/:7 () /!? ~
,"':::;'" -
.//,~L~--' ~
//
NOTARY PUBLIC (L. S.)
BARBARA A. RANTA
State of Florida at Large
My commission expires
"":::'...::~". BARBARA A RAurA
/~~\NOfarV PubliC. SIole 01 FlorlClO
V. ,."MyCaTllTlll:ll::n~Clc1l52008
~ ..'::.? n, ",'(:./ CommlS.lon 11 DD 353067
.,,,,,,. Bond8d By No""nOI Notary AMn
FPOr"; : Gt=f,E '1!JOPE LHII cER Fe:,;. I~O. : :'=:r-: ~ ~~_L;:'.ji37 Jan. ~O 2;J~J",' .,1"~: =:--';::'~1 n
CERTIFICATE DESIGNATING PLACE OF
BUSINESS OR DOMICILE FOR THE SERVICE OF PROCESS
WITHIN FLORIDA, NAMING AGENT UPOM WHOM PROCESS
MAY BE SERVED. --
In compliance with Section 48.691, Florida Statutes, the
following is submitted;
FIRST: That, BOYNTON BEACH HIGH SCHOOL TIGER BOOSTER CLUB, .~ ;:!('
INC. . desiring to organize or qualify under the Laws of the State
of Florida, with its principal place of business at the City of
Boynton Beach. Florida, has named GENE MOOHE, whose address is,
639 East Ocean Avenue, Suite 409, Boynton Beach, Florlda, 33435,
its Agent to accept service of process within the State of Florida.
S/ Gerald Taylor
Dated: 12/12/06 President
having been named to accept service of process for the above
stated corporation at the place designated in this Certificate, I
hereby agree to act in this capacity, and I further agree to comply
with the provisions of all Statutes rei to the proper and
complete performance of my
j!~_~'-'V."'''''-'.h.'.llllliil ~ . --< . - ._.,~" ~"""'llilllilf~'f""~V"""'~" _~.jjj!l~ ml1ln'iIU........~<1Xi";,.'Hi.."I.-~-'.-..JLiii'j;f~.'Ii~~~~~.!iilill~.
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. v. CONSENT AGENDA: .
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. G. CRA BOARD PACKET PRODUCTION LIST .
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~~~~y~Te~lcRA
ill East Side-West SIde-SeasIde Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: April 10, 2006
x I Consent Agenda I I Old Business I I New Business I I Public Hearing I I Other
SUBJECT: CRA Board Packet Production & Distribution List
SUMMARY: Several of the board members commented that they were not aware
that City Commissioners received board packets from the CRA. Attached is a
comprehensive distribution list to recipients with City Commissioners and City Staff
highlighted.
FISCAL IMPACT: None.
RECOMMENDATIONS: None.
T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Itern Request Forrns by Meeting\FY 2006-2007 Board
Meetings\07 04 10 CRA Board meeting - April\CRA Board Packet Production Listdoc
CRA Board Packet Production list - (JO Copies)
Board Members
Jeanne Heavilin - deliver to Salefish Realty
Henderson Tillman - deliver to home
Steve Myott - deliver to home (gets full size blueprints)
Marie Horenburger - deliver to home
Stormet Norem - deliver to home
Guam Sims - deliver to home
Lance Chaney-deliver to home
CItY Manaaer's OffIce
Kurt Bressner - deliver to City
Wilfred Hawkins - deliver to City
Carissa Lejeune-deliver to City
CItY Commission
Mayor Jerry Taylor-deliver to City
Vice Mayor Jose Rodriguez .
Commissioner Mack McCray .
Commissioner Carl McCoy .
Commissioner Ron Weiland .
CItY Attorney
James Cherof (deliver to city)
Chamber of Commerce
Glenn Jurgenson-639 E. Ocean Avenue
CRA Attorneys
Ken Spillias-deliver to office by courier
Amy Dukes "
Director of DeyeloDment
Quintus Greene - deliver to City
Director of PlanninG & Zonina
Mike Rumphf - deliver to City
CItv Clerk's OffIce - Attn: Janet Prainito
CItY StenoaraDher - Leave on table in chambers
CRA Staff
Lisa Bright - put in her binder
Staff Copy-in binder
Sun Sentinel- deliver to City
Palm Beach Post deliver to City
Broward Times-deliver to City
Neiahborhood Post-deliver to City
Online Distribution List:
1. Ambit
Send Agenda to Stan Brown [mailto:stan@ambitmarketing.com] in PDF format via email for
website (open in Word, hit Adobe PDF on top of toolbar, Convert to Adobe PDF and email).
2. Alan Karialainen for him to put on the city website
3. Buck Buchanan at: buck@bucksbase.com
*30 extra copies of Agenda and Quasi-judicial forms to be placed in rear of chambers.
Oriainal - File in black file oDDosite CODY machine
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Montbly Board Meeting Packet Information\CRA Board
Packet Distribution List.doc
/;i1ilil~~iWlli;~'~;1;~~,;hl~k;Jli.~G~~~~'~a:cLilii;!iit~~~:j~~_~~itQI,~~,i~;J;.",,;Sli:.,:;;idJ~,~,~f.&,,;'"~;;1!~dt1;iijj..4t:!i.w~~i;;i:Iflit~i~r~~~U;..t""d>i.~i.oi;iltiihr;'~~;;ili~~~'i'%;~;Li!:&i':tiltkkml~l;.;ji~t;s~~~S!i:;L'
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.'.:tJ~'_'1~fi>~:;.;..
'~"~~"
~';'~'t'~'~ "
11~~Y~Te~ICRA
Ii East Side- West SIde-Seaside RenaIssance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: April 1 0, 2006
)('J Consent Agenda I I Old Business I I New Business I I Public Hearing I I Other
SUBJECT: State Statute 163 Requirements for Fund Balance, Bond
Proceeds & CRA Use of Appraisals
SUMMARY: The attached memos address CRA statutory and IRS obligations as it
pertains to maintaining a fund balance and bond proceeds. This is addressed by Robert
Reardon, Assistant Director, who possesses more than thirty years of government
accounting and finance which for a very long time interfered with his unwillingness to
accept the fact that CRA' s are mandated to spend the money on the community through
approved projects and programs. We are very proud of his philosophical change and
acceptance of the CRA's statutory requirement- it goes against everything he believes in!
The second memo is an email from the CRA' s former TIF Consultant, Greg Oravec and
is addressed to the Florida Redevelopment Association regarding the use of appraisals to
activate redevelopment efforts.
FISCAL IMPACT: None.
RECOMMENDATIONS: None.
v~~
T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTS\Cornpleted Agenda Itern Request Forms by Meeting\FY 2006-2007 Board
Meetings\0704 10 CRA Board meeting - April\163 Fund Balance-Bond Proceeds.doc
MEMO
TO: Lisa Bright, Executive Director ~
FROM: Robert Reardon, Assistant Director
CC:
SUBJECT: Statute 163 Requirements
DATE: 3/29/2007
I was dismayed to hear a City Commissioner criticize the CRA for spending "all of its
money all at once" at the last City Commission meeting. Perhaps the comment was aimed
at our Bond proceeds which were raised to assemble land in the CRA district among
other things. In any event, the notion fails on two counts.
As you know, our function is to clear slum and blight and promote development. Under
State Statute 163 we are obligated to spend all of our T.I.F. accomplishing those two
tasks. In addition, Federal IRS rules demand we expend our Bond proceeds under strict
time constraints in order to avoid arbitrage (unduly enriching our bottom line with
interest on non taxable borrowing).
To further clarifY the issue I would like to expand on the rules governing our Agency as
pertains to State Statute 163; CRA's are prohibited from amassing a fund balance under
this statute. I believe this is to insure that redevelopment progresses at a market rate. In
other words, TIF money is used in the year it is generated and spent on projects that
reflect current market conditions.
To further clarifY the IRS Arbitrage rules; borrowers must expend Bond proceeds within
12 months after receiving the funds.
I thought going after Ocean Breeze and the surrounding property was doing exactly what
the statute mandated. The CRA Board is actually an independent commission governed
by SS 163, and as such is obliged to act on opportunities such as Ocean Breeze for
"workforce" housing stock.
I must also express my concern regarding the two million dollars D.I.F.A. we have with
the 500 Ocean Project. The D.I.F.A. has lapsed and I must place those funds back into the
General Fund to be expended by September 30,2007. If those funds remain unspent after
that time we must designate the money for a specific project, or move them to the Debt
Service Fund for debt repayment. We are not allowed to carry a fund balance derived
from TIF dollars.
,
Page 1 of2
Bright, Lisa
.-- .,,~,- .. ,---_.- . ~_." - ..- - , <- -- -~" -.'-'. -
From: Carol Westmoreland [CWestmoreland@f1cities.com]
Sent: Wednesday, March 21,20079:10 AM
To: Bright, Lisa
Subject: FW: Florida Planning March 2007/Article by Brian Hinners
Hi Lisa, FYI and would you please forward to Mike? Thanks.
From: Greg Oravec [mailto:GOravec@cityofpsl.com]
Sent: Tuesday, March 20, 2007 7:53 PM
To: fapa@f1oridaplanning.org
Cc: Carol Westmoreland
Subject: Florida Planning March 2007/Article by Brian Hinners
I greatly appreciated the March issue's cover story regarding eminent domain and redevelopment within CRAs
which was written by Mr. Brian Hinners. I read the story with great interest and would like to inquire about the
following assertion found in the last section of the subject article (P. 4): "CRAs can only pay appraised value for
blighted properties..." More specifically, I was hoping that you could share the applicable regulation and/or
Section of Florida Statutes which supports this assertion.
While I certainly believe that a formal appraisal performed by a certified property appraiser is a great frame of
reference for a CRA in the negotiation of the purchase of property and can be critical in maintaining the public
trust, I was not aware that such an appraisal was a statutory constraint. In my review of Florida Statutes, I
could not find any provisions in Chapter 163 which would preclude a CRA from paying more than appraised
value. In fact, Chapter 163 has some very specific regulations which allow CRAs to dispose of property at or
below "fair value" as specifically explained therein. Similarly, in my review of Section 166.045, I did not find any
constraints upon a city's ability to pay above fair market value other than when utilizing the public records
exemption afforded by Chapter 119 or by a city's own regulations or charter. In fact, Section 166.045
specifically addresses the issue of how a city may utilize the aforementioned public records exemption and still
pay an amount for property which exceeds the averaged amount of two appraisals.
I am very eager to learn if Mr. Hinners is generalizing regulations only applicable to Delray Beach, speaking to
a policy common to, but not required of (except per local regulations), several cities and/or if I missed the
applicable state regulations. It is a very important distinction, as I believe that CRA boards and their respective
governing boards will very likely find it necessary to pay a little more for holdout parcels hindering the
cornerstone projects of their community redevelopment plans now that eminent domain or the threat thereof is
no longer a viable CRA tool. I would not want the readers of the subject article to be bereft of another tool if, in
fact, it is available.
I look forward to your response. As you will note, I am also copying Carol Westmoreland of the FRA for her
guidance on this matter.
Thank you.
Very truly yours,
Greg
Gregory J. Oravec .
Assistant City Manager/
CRA Director
03/21/2007
~~~_..'- -~lnffiTWW;-lw""'~,",,, ,"'-'''.o'~'rrJilIOr-"''--- . 'lrn~.111 ~._~~_;a)_""r!""'!Ii.i;,I'oiio"""""'~;""""""~i";""~~~"""'~m~f~i;~i."".-~fi'~'~~~\N'Ir''''.~"'"""""'-'-~"llirrJMni:c"b'ii'i,J,;."1"~~.l~~j~~~~;"iJ.:Wt'
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Ill_
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Ii East Side-West Side-Seaside RenaISsance
BOYNTON BEACH eRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: April 10, 2007
AGENDA ITEM:
XI Consent Agenda I I Old Business I I New Business I I Public Hearing I I Otller
SUBJECT: Approval of Proposed Ocean Breeze RFP Selection Committee
SUMMARY: The Ocean Breeze project will be the first new project out ofthe ground in the Heart
of Boynton for many years. In order to ensure that the communities' vision is respected, it is
recommended that an independent selection committee be formed to review and rank the responses to
the RFP. A ranking spreadsheet will be utilized by the committee. Responses will be aggregated and the
top three responders will be asked to present to the CRA Board.
Staff if recommending the following committee members:
Buck Buchanan - INCA
Woody Hays - Planning and Development Board member
Mary DeGraffenreidt - Director of the Hester Center in HOB
Devon Coughlon - President of the Chamber of Commerce
Wayde King - Resident and Property Owner in HOB
FISCAL IMPACT:
None.
RECOMMENDATIONS:
Formalize the selection of the Ocean Breeze RFP selection committee members.
~
Vivian L. Brooks ~
CRA Planning Director
T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTS\Cornpleted Agenda Itern Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 04 10 CRA Board meeting - April\OceanBreezeSelection Comrnittee.doc
li~~"'~"'."Oi""'+I:W'"~'""'::;it:;;.&Mffi..tiI~!~"'" ,.""~~ .Tr""'"..""'-~~"'iIil.:.,,,aili;'ai~-";,JIi'ifiWr.*.flil'~:~"~~ll~'",~.;.jj~~~liJjgi~~t..;,~~~iaii'~;/i{rn~f~~~~~,'.ilii.l~iIiiii~.m~;i"~~.~~,L,\;J)ji;'1i.:j;j,~,:Ji~il:ih:,:Ai~':>lIil;.~.:,',;ji):;"_,;,,,':;;iiJi~.'".
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: V. CONSENT AGENDA: :
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: J. APPROVAL OF COMMERCIAL FACADE :
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: GRANT-ANNE MARIE MOTEL NTE $15,000 :
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~~Y~Te~ --[1 /
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East Side-West S'lde-Seaside Rena'lssance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: April 10, 2007
AGENDA ITEM:
I X I Consent Agenda I Old Business New Business I Public Hearing I Other I
SUBJECT: Consideration of a Commercial Fayade Improvement Grant to the Ann Marie
Motel
SUMMARY: Craig Pfeifer, managing partner for Sundown Motor Inn, LLC, has submitted an
application for a Commercial Fayade Improvement Grant for his property, the Ann Marie Motel, located
at 911 S. Federal Highway. Mr. Pfeifer and his company purchased the motel in August of 2005 and is
currently operating as a motel. Mr. Pfeifer is requesting funds for a large scale landscaping enhancement
project which includes substantial landscaping improvements, an updated Tiki hut and back-filling in the
existing pool with sand to create a beach type patio area. Mr. Pfeifer also intends to repaint the roof
adding an additional exterior upgrade to the motel's current condition.
Mr. Pfeifer has demonstrated the ability to pay for the proposed improvements.
FISCAL IMP ACT:
$15,000 from general revenue funds upon the completion of work.
RECOMMENDA TIONS:
Approve the application for the Commercial Fayade Improvement Grant
~
~,A"./ .. {, ~.
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Michael Simon ~./
Development Manager
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 0410 CRA Board meeting - April\Ann Marie Motel facade grant.doc
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. East Side-West S.lde....Seas.lde Rena'lssance
2006/2007
COMMERCIAL FACADE IMPROVEMENTGRANT PROGRAM
APPLICATION FORM
Boynton Beach Community Redevelopment Agency
Maximum Grant Amount is $15,000.00
(Please Print Or Type Only - Use Additional Sheets If Necessary)
APPLICANT INFROMA TION
Name of Property 4",,,.... VVlOJ.- \' c- (v\ 0 ~\ C~.,:,') '"\).Q,~
Owner:
Address of Property 9l ~ <;, r~~t:;~\
Owner: ~
City/State: _~ uYAh ?~L ~L Zip Code: "13 ~3 )
Phone # Day: ~lO- 6~S~~S"1~ Evening: t.{(a ~~( -hO\
Legal owners and legal description of the property to be improved (please attach copy
of warranty deed and lease, if applicable): l ~
L <; u'^o"w....~ ~" l' \~--. LLc..
~ I'I!... ~ \
,~ P.Q, - V"\~.A S'\.~ ~ ~
If Different from
Property Owner
Mb~J --.
Name of Business: S v"uow~ l "--- LtG
Address of Business: 1\\ 'L w ~s ~ w ~Llc... \ ~ <...
City/State: L01\~v"\< I"''L\ Zip Code: Lto'1 ~
Phone # Day: ~lD -S-~I -(\()\ Evening: ~~<--
Type of Business: KeA-~ e s+-.,A.~ I'" u (: <..\..-, ~~
Years of Operation: :;) f.e AA \
Number of Employees: .- 3 Annual Payroll: -/ 6 0 , bO U
Number of Employees residing in Boynton Beach: - 3 -
PROGRAM GUIDELINES
The following guidelines are intended to inform a potential grant applicant of the extent
and scope of the program. The purpose of the program is to encourage commercial
property owners to upgrade their properties by improving the external appearance of
their business and to encourage businesses to invest in their operations. The result will
halt deterioration, stabilize property values, improve and upgrade appearance of the
area, and facilitate and encourage redevelopment activity in the target area.
The following guidelines are applicable to this program:
1. The program is available only for property located within the Community
Revitalization Areas of the Boynton Beach Community Redevelopment
Agency (CRA). Note: See attached Fa<;ade Grant Area Map.
2. The program is for commercial properties and businesses. The property
owner must be the applicant. However, if the property is currently leased
to a tenant, then the Application and Agreement must be jointly executed
by both the owner and the tenant.
3. Eligible exterior improvements for this program include:
. Painting.
. Shutters.
. Signage (located on the building or the property).
. Awnings/canopies.
. Doors/windows.
. Landscaping around the building.
. Irrigation.
. Parking lot re-paving, re-sealing, re-striping.
. Exterior Lighting.
. Patio or decks connected to the building.
. Exterior wall repairs (e.g. stucco, brick or wood repairs and replacement).
. ADA improvements.
4. All work must be in compliance with applicable Boynton Beach Building
Codes and all contractors must be licensed in Boynton Beach/Palm
Beach County. If the Applicant(s), installs enhanced landscaping and or
signage it must be in accordance with City Ordinance No. 98-43.
2
5. Maximum Grant amounts: The CRA will provide, on a reimbursement
basis, a dollar for dollar matching grant for eligible fayade improvements
up to a total of fifteen thousand dollars ($15,000.00) of CRA funds.
6. The Fayade Grant program will honor expenditures completed up to 90
days prior to application, improvements underway and proposed
improvements.
7. The Fayade Grant program may only be used one time in any three year
period for anyone property. Properties may re-apply for additional grants
any time after three (3) years from previous grant approval. Project
phasing of up to two years can be requested. Property owners may
receive grants for multiple property locations. Applicants shall be limited
to one grant per CRA budget year (October 1st to September 30th).
8. The scope of work that is to be paid for with CRA funds for must be
completed no later than 120 days from the approval of the grant by the
CRA Board.
9. Disbursement of grant funds shall only occur if the following conditions are
met:
a. CRA has received copies of executed contracts, canceled checks
(front and back) and proof that the work has been approved by the
City Building Department.
b. Entire scope of work is completed.
c. Applicant provides "After" photos.
3
APPLlCA liON PROCESS
1. An applicant seeking a project grant may secure an application from the Boynton
Beach Community Redevelopment Agency (CRA) located at 915 S. Federal
Highway, Boynton Beach. 561-737-3256
2. An original application and eight (8) copies of all materials are to be returned to
the Boynton Beach Community Redevelopment Agency for review and approval
by the CRA Board. Applications will be considered on a first-come, first served
basis. Applicants must take the necessary steps to insure that their submitted
application is properly time stamped to document receipt by the CRA.
3. Upon approval, appropriate grant program documents will be prepared in the
CRA Attorney's office and the applicant will be notified of approval by return mail.
4. The CRA will administer the commercial exterior facade program. In addition to
the appropriate City inspections, the CRA will inspect the work to determine
satisfactory completion of the work.
5. Applicants may not have any outstanding City of Boynton Beach liens against
their property. In the event that an Applicant has an outstanding City of Boynton
Beach lien against the property, the grant will not be awarded until the complete
satisfaction of the lien.
6. Applicant shall obtain, read and understand all aspects of the Fa9ade Grant
Program Agreement, including Program and Reimbursement Regulations.
7. Application to this Program is no guarantee of funding. Funding is at the sole
discretion of the CRA Board.
4
PROJECT INFORMATION
Describe improvements to be done to the property.
Attach the following items:
. Project work write-up(s) describing in detail the scope of the project,
. Plans or sketches if applicable,
. Site plan and plant list for landscape projects,
. Third-party cost estimates from three (3) licensed contractors,
. Estimated time line,
. Evidence of financial ability to pay for the project (approved loan, cash
account, line of credit, etc.),
. A minimum of four (4) 3" x 5" color "before" photos of the project which
must include "public views",
. Signage design with colors & materials proposed if applicable,
. Project color chips I material samples if applicable,
. And material specifications.
Applicable documents must be attached for the Application to be processed.
By signing this Application, I acknowledge that I have received and read a copy of the
Program Agreement, and I understand and agree to comply with its content.
'/tlA/r~:.t!'/;j /t7c~ ~007 a ?~ ~ ('00\ or
Witne~ - (Date)
Pr O~ . te)
(Property owner's signature must be notarized)
Witness (Date) Tenant/Business Owner (Date)
eRA Director (Date)
5
STATE OF FLORIDA, COUNTY OF PALM BEACH
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements,
personally appeared /? -./M , who is personally known to me or
[,1 /fA b !{,i. ,>'/ >\.
~~~.
produced as identification, and acknowledged he/she
executed the foregoing Agreement for the use and purposes mentioned in it and that the
instrument is his/her act and deed.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and
}()~ 71--,-(" '- ~
County aforesaid on this day of , 200-L.
NOTARY PUBLIC kA,,/A;rJ.:;iI;t, ,
My Commission Expires: _1- /; It)
6
Sundowner Motor Inn, LLC
1112 Westwicke Lane' Lutherville, Maryland 21093
March 21, 2007
To Whom It May Concern:
The project will be to significantly improve the appearance of911 S. Federal
Hwy. It is currently operating as a motel with a pool. We intend to replace the pool with
an updated Tiki Hut and a lounge area. In addition to that, we will paint the roof and add
substantial landscaping to greatly enhance the overall look of the property.
My personal and business lines of credit have over $300,000.00 in available
credit.
Respectfull y,
. 1.'--5~-~
, k~
I ,-"- ~ ' -:' . .,- ".C>' . .'_.
'--._~_\ ...'C~ .::>
Craig Pfeifer
Property Owner
MAR-38-2007 11:24 FR~M:C~qRLES ~.:_ ?7=:~7~.::::2 -r:=:!: ~_ SS: 7373;::'5:=' F' . Cn2!2 / [102
. ~~l~~,Banl<
March 30,2007
To \Vhom It May Concem:
ThIs letter is in reference to Craig Pfeifer's relationship at Carrollton Bank. Craig as been
a customer since 1996 and has kept UTI accUlllu!utive balance of over fifty thousand
dollars 1n the bank on an average.
I hope this information will suffice. Any additional information needed please do not
hesitate to contact me at 410-536-738G.
Sincerely Yours
Cheryll Barrett
Branch Manager
Corporate Offices. 344 North Charles Street. Suite 300 · Baltimore, Maryland 21201-4301
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Delray Garden Center Inc. Estimate
3827 West Atlantic Avenue Date Estimate #
Delray Beach, Florida 33445 12/28/2006 2800
Name I Address Ship To
Ann Marie Motel
911 S. Federal Hwy.
Boynton Beach, FI 33435
Craig Pfeifer
41 0-633-3333x1 02
Rep Project Name
RAG
Qty Item Description Rate Total
1 Queen Emma Crinum Lily 7G 45.00 45.00
3 Agapanthus Agapanthus Africans 3G 20.00 60.00
114 Juniper 1 G Blue Pacific Juniper 1 G 5.00 570.00
81 Gold Mound D... Gold Mound Duranta 3G 12.00 972.00
66 Dwarf Firebush Hamelia Patens 3G 12.00 792.00
4 Pinwheel Jas... Pinwheel Jasmine 7G 30.00 120.00
2 Lakeview Jas... Lakeview Jasmine 15G 75.00 150.00
10 Hawaiian Ti Hawaiian Ti Plant 3G 20.00 200.00
4 Agave Agave "Lime Stripe" 3G 35.00 140.00
3 Iris 3G Apostles Iris 3G 15.00 45.00
1 Bromeliad Aechmea Bromeliad 3G 45.00 45.00
1 Winin Palm Winin Palm- TRP B&B 450.00 450.00
3 Nerogelia Bro... Nerogelia Perfection 1 G 25.00 75.00
5 Ground Orchids Spathoglottis plicata 3G 20.00 100.00
1 Agave Spineless Agave 3G 45.00 45.00
16 Slmpsons Sto... Slmpsons Stopper 3G 12.00 192.00
20 Trinette 3G Trlnette 3G 12.00 240.00
12 lcatone Croton lcatone Croton 3G 12.00 144.00
4 Cassia Tree Dwarf Cassia Tree B&B 350.00 1,400.00
40 Penta Dwarf Purple Pentas 1 G 5.00 200.00
1 Fountain Gras... Fountain Grass t3 12.00 12.00
3 Ground Orchids Spathoglottis p/icata 3G-Peach 20.00 60.00
20 Ixora Maul Su... Ixora Maui Sunset 3G 12.00 240.00
1 Geiger Tree Orange Geiger Tree B&B 300.00 300.00
Thank you for the opportunity to present this estimate. Total
Terms: 50% DOWN BALANCE Signature
UPON COMPLETION! Initials
Phone # Fax # E-mail Web Site
561 2436869 561 2433588 DGC<mBellsouth .net www.delgarden.com
Page 1
Delray Garden Center Inc. Estimate
3827 West Atlantic Avenue Date Estimate #
Delray Beach, Florida 33445 12/28/2006 2800
Name I Address Ship To
Ann Marie Motel
911 S. Federal Hwy.
Boynton Beach, FI33435
Craig Pfeifer
41 0-633-3333x1 02
Rep Project Name
RAG
Qty Item Description Rate Total
150 Mulch C Bag of Cypress 4.00 600.00
20 Mexican Beac... Mexican smooth rock 30.00 600.00
4 Cap Rock Cap Rock 150.00 600.00
1 Prep Prep, Install, Debris Removal & dump fees 3,000.00 3,000.00
1 Landscape De... A custom design to fit your budget. Plants to 750.00 750.00
be detailed upon completion
Pest Control, Fertilization &
Irrigation responsibility of
the Home Owner.
Thank you for the opportunity to present this estimate. Total
$12,147.00
Terms: 50% DOWN BALANCE Signature
UPON COMPLETION! Initials
Phone # Fax # E-mail Web Site
561 2436869 561 243 3588 DGC@Bellsouth.net www.delgarden.com
Page 2
V L~Il[bcapc M ainlcn,lllCt;
v' Land~carc Design & J nSLal!;niQI1
V La\';n & Ornamel11.11 P\:SI CO!11101
ENVJRONMENTAL LANDSCAPE v' Fnrili;r.dliel1 & IfI'igation
. ~.ti1:j 'I:f;r:f5I.1~)1:-~ma~
Date Estimate #
3/13/2007 32476
Ship To
Name I Address
Ann Marie Motel
911 S. Federal Hwy.
Boynton Beach, FI
Craia Pfeifpr
Rep Project Name
Qty item Description Rate Total
1 Queen Crinum... Crinum Augustum 'Queen Emma' 90.00 90.00
3 Agapanthus Lilly of the Nile 3g 27.50 82.50
114 Juniper 1 G Blue Pacific Juniper 1 G 7.50 855.00
81 Gold Mound D... Gold Mound Duranta 3G 13.00 1,053.00
66 Firebush 3G Dwarf Firebush 3G 13.00 858.00
4 Pirrwheel Jas... Pinwheel Jasmine 7G 37.50 150.00
2 Lake.Jasrn. Std Lakeview Jasmine Standard Tree 15G 150.00 300.00
10 HawaEan Ti Hawaiian Ti Plant 3G 2500 250 00
4 ^-_....-. Agave lemon lime stripe 40.00 16G.GG
"'8<=1\11;:;
~ 1_:_ ......_~ '1.11;1_11.:__ f_:_ .A.r'\ r-,f""'Io r'\r't. "r\.
.) !!!~ ~~ VVd!tc..!!~y B!~ ! .J.vu ..)~.\.:u
i 8rQme!~dd .. ......... ,.. ..;, r~" r........ ~ I"'\!"'\ r"./".
FtEC;1m68 Dfomei~aC! fUU_UU i'JU.UU
1 ':\linin Pa!m \^linin Palm Trip B&B 650.00 650.00
-:) ?\J~l"'.""'\t""Co.l;~ Qr,,,", Bromeliad "Perfect:on" 45.00 135,00
,.._tV':;::_'I0...4 LJI....,..
c;: G:Qur:d O;ch~ds Spsthcg!ctts DUcats 1 G 25.0Q 1 ...,,, (\f1
...; . Lo...J.oJ-.J
~ ~ --..- 0_:__1___ ^ __.._ nr. An. Or"'. ("\r\
I "':,jc::<.wt' v~H it:ac~~ r\8d'l"::; U....;.VV t,;U.V\J
4n S~f1!pSOns StO... S!rnpso~-~S 2,trJpper 3G "',..." r'.rt ...,rtn ~r\
!Q ! .) . '."JV L. UO. t..J~.J
"" -;~:~~!..:.._ <"1..- -;_:_.....~_ r,r"' r."1 A" 280.00
LV t ~ H ~'='-t.e ....)\...:i , I H lent:!: J'....:) , 'J.vv
12 !c.eta!le Crator! !cetane CratOr1 13.00 1 56.00
,; - .- Cass~a Senna Tree Ii;:::;.n nt"., -1 Q,.....,n nn
1 -O::~C"I,:,,:! t ,..c~
,. ......,OJ........,:;jI<:...t 1:.....,__ ,'-'v.v...., I,VV\J.V\-I
'10 Pe=;L~ D:::::.:~}~:::- "'! ~ ("''-,~r'_:' D, i:n~:::::. 5.00 2--10.00
. _t............. :_ _....,1....1.. ~:....:....,
~ r-_. ._L_:_ ,..,,___ r-_.._L_:_ r-"\____~., ......... "" ..... ,.., "f'"\
r rUUI~~cnl u~::::~... rUUtH,cn~ 'Jl;::;:;;:::::-::-"':' ~ ..;;.......~-...; i";;.U";;
~ .f"""'\___ ._-! ........__t-.:-!_ SpeU-!og~ott;~ pEC2~2 1G CO!f:~f. P~~c.h r-.r nf"'l;
, ~: u:..n!~ I.J! l:: ~!L:::; .:..~.~~"-t ( :'l : !! ~
20 !~A:c.rd l': II ~. .. ("".. ~ ~ ~.:.. r~, -.. r: . ~ r, t.. ~.~;-t.\ ,,1,
f';floUt 0U! t~l~l J'...:::'I ,.J UU L(JlJ UU
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"'.YC;:~-'::; I :ce ........J:G.;:~c ~G;~~: : :.~-.::; """":'.........J.'...;'U.
2919 #E. N. :YIilitary Trail, West Palm Beach, FL 33409
v Llllrhcapc Mainten:LII(t;
y' Land~capc Design & 1 nst:t1LltioJ1
V' Ln-;n & Ornamel1l;t! Pes1 CO!illol
ENVJRONMENTAL LANDSCAPE V' Fnlili/.<lliOIl g,ln-igdlion
. .~ .,if:} 'I:f:r:&.-i~)1: - iM:":4 "'"1;J'Iti:~~*~""1_
Estimate
Date Estimate #
3/13/2007 32476
Ship To
Name I Address
Ann Marie Motel
911 S. Federal Hwy.
Boynton Beach, FI
Craia PfeifAr
Rep Project Name
Qty Item Description Rate Total
150 Mulch M Cypress Mulch by the bag 4.50 675.00
20 Beach Pebble Black Mexican Rock 38.00 760.00
4 Boulders Landscape Boulder 175.00 700.00
1 Labor labor on Job Includews Prepping the area, 5,000.00 5,000.00
debris removal and other fees
Subtotal 15,474.50
*****POOl WORK******
160 Fill Yards of fill 30.00 4.800.00
50 Sand yds. of Sand 27.00 1,350.00
1 Misc. Charge Tiki Hut 10 x 15 8,000.00 8,000.00
1 labor labor on Job Includes: Filling in Pool and 7,000.00 7.000.00
saving the deck
Thank you for your business. Total
$36,624.50
2919 #E, N. :\tIilitary Trail, West Palm Beach, FL 334-09
,~
~\ ,.~
TROPICAL DESIGN OF THE PALM BEACHES ,
31 NE 23RD TERRACE Estimate
POMPANO BEACH, FLORIDA 33962 Date Estimate #
561 239 9901/FAX954 943 7284
3/13/2007 2989
Name I Address Ship To
Ann Marie Motel
911 S. Federal Hwy.
Boynton Beach, FI
Craig Pfeifer
410 633-3333ext1 02 if not in office
Rep Project Name
..:r. f"
Qty Item Description Rate Total
1 Queen Crinum... Crinum Augustum 'Queen Emma' 75.00 75.00
3 Agapanthus Lilly of the Nile 3g 25.00 75.00
114 Juniper 1 G Blue Pacific Juniper 1 G 7.00 798.00
81 Gold Mound D... Gold Mound Duranta 3G 13.00 1,053.00
66 Firebush 3G Dwarf Firebush 3G 13.00 858.00
4 Pinwheel Jas... Pinwheel Jasmine 7G 35.00 140.00
2 Lake.Jasm. Std Lakeview Jasmine Standard Tree 15G 110.00 220.00
10 Hawaiian Ti Hawaiian Ti Plant 3G 22.00 220.00
4 Agave Agave lemon lime stripe 38.00 152.00
3 Iris 3G Walking Iris 13.00 39.00
1 Bromeliad Aechmea Bromeliad 75.00 75.00
1 Winin Palm Winin Palm Trip B&B 500.00 500.00
3 Nerogelia Bro... Bromeliad "Perfection" 30.00 90.00
5 Ground Orchids Spathoglottis plicata 1 G 25.00 125.00
1 Agave Spineless Agave 75.00 75.00
16 Simpsons Sto... Simpsons Stopper 3G 13.00 208.00
20 Trinette 3G Trinette 3G 13.00 260.00
12 Icetone Croton Icetone Croton 13.00 156.00
4 Cassia Tree Cassia Senna Tree 400.00 1,600.00
40 Penta Pentas 1 G Color: Purple 6.00 240.00
1 Fountain Gras... Fountain Grass #3 13.00 13.00
3 Ground Orchids Spathoglottis plicata 1 G Color: Peach 25.00 75.00
20 Ixora MauiSunset 3G 13.00 260.00
1 Geiger Tree Orange Geiger Tree 350.00 350.00
Thank you. Total
Terms: 50% DOWN BALANCE
UPON COMPLETION!
------- . --- " ,~ -
~\.'~
TROPICAL DESIGN OF THE PALM BEACHES ., E .
31 NE 23RD TERRACE stlmate
POMPANO BEACH, FLORIDA 33962 Date Estimate #
561 239 9901/FAX954 943 7284 3/13/2007 2989
Name I Address Ship To
Ann Marie Motel
911 S. Federal Hwy.
Boynton Beach, FI
Craig Pfeifer
410 633-3333ext102 if not in office
Rep Project Name
:f.r.
Qty Item Description Rate Total
150 Mulch M Cypress Mulch by the bag 4.00 600.00
20 Beach Pebble Black Mexican Rock 36.00 720.00
4 Boulders Landscape Boulder 165.00 660.00
1 Labor Labor on Job Includews Prepping the area, 4,800.00 4,800.00
debris removal and other fees
Subtotal 14,437.00
"*"**POOL WORK***"**
160 Fill Yards of fill 30.00 4,800.00
50 Sand yds. of Sand 27.00 1,350.00
1 Misc. Charge 10' x 15' Custom Tiki Hut 7,500.00 7,500.00
1 Labor Labor on Job Includes: cust holes in pool, 7,000.00 7,000.00
remove coping, leaving the deck. backfill the
pool with the above mentioned materials.
Thank you. T ata I
$35,087.00
Terms: 50% DOWN BALANCE
UPON COMPLETION~
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iIi East Side-West S"lde-Seas"lde Renaissance
2006/2007
COMMERCIAL FACADE IMPROVEMENTS GRANT PROGRAM
PROGRAM AGREEMENT
Boynton Beach Community Redevelopment Agency
PROGRAM REGULATIONS
1. The Applicant agrees not to alter, renovate, or demolish the new fagade for
three years, commencing at the time final inspection by the CRA is completed.
If violated by the applicant, the CRA may choose to require grant fund
repayment, enforced by property lien.
2. The CRA will consider approval of grants for exterior improvements to a
building which does not face a recognized street. The exterior rear of a building
facing an alley way will also be considered.
3. A minimum of three (3) inspections by the CRA are required. Those minimum
CRA inspections are (1) before starting work, (2) during work and (3) final
inspection. More inspections may be required by the CRA. It is the sole
responsibility of the Applicant to schedule inspections with the CRA and City.
These inspections in no way are substitutes for required City inspections and
compliances.
4. The property owner, or tenant if applicable, must complete the fagade
improvement project within six (6) months of the grant award. Failure to
complete the fagade improvements in a timely manner will result in the property
owner, or tenant if applicable, losing the grant reimbursement opportunity. The
Board may consider time extensions.
REIMBURSEMENT REGULATIONS
1. This program is designed as a reimbursement grant. That is, all work must be
done and paid for by the Applicant, prior to the CRA's funds being released.
The CRA will provide reimbursement to the grantee upon submittal of a
complete Reimbursement Request and approval of completion by the CRA
Board.
]
L. Reimbursement Request shall be summarized in a report and accompanied by
proper documentation. Proper documentation will consist of (1) Project
accounting including invoices, receipts or other acceptable evidence of
payment from suppliers and licensed contractor(s) that have been marked
"paid" with a "release of lien" signed by each. Proposals for "work to be
completed" or "bids" are not considered proper documentation. Each item will
be supported by a canceled check showing the face of the check, as well as the
back of the canceled check, (2) the Applicant shall warrant that all bills related
to the Project are paid in full including, but not limited to, all contractors,
subcontracts, labor, materials, related fees and permits, and (3) the Application
for re-imbursement shall provide a minimum of four 3"x5" color "during" photos
and a minimum of four 3"x5" color "after" photos of the Project. Photos should
be from approximately the same position as the "before" photos submitted in
the Application and the "during" photos.
3. The Reimbursement Request from the Applicant shall be submitted no later
than the 15th of the month for consideration by the CRA Board at its next
month's meeting. Reimbursement shall be issued fifteen (15) days after
approval.
4. Grant funds will be reimbursed exclusively for approved work, approved change
orders and only for work that has been performed after the grantee has
received notification that the Grant Application has been approved by the CRA.
5. Grantees may not submit fa~ade work improvements for reimbursement which
have been used as reimbursement requests in any other grant program offered
by the CRA, City, Palm Beach County or the State of Florida. The Fa~ade
Grant program will only honor new expenditures that have not been submitted
under other grant programs. The Fa~ade Grant program may only be used one
time for anyone property; however, property owners may receive grants for
multiple property locations. Applicants shall be limited to one grant per CRA
budget year (October 1st to September 30th).
6. Grantees shall grant the CRA and/or the City of Boynton Beach the rights and
use of photos and project application materic:lls. _~
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. j -,.,v~~ ."{.A.---"/ .-; - i I -- C l ( ~/ ~\~~ ). L\'('J
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Witness,! (Date) Pr.operty Owner -- (Date)
It'
Witness (Date) Tenant/Business Owner (Date)
CRA Director (Date)
2
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: V. CONSENT AGENDA: :
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: K. APPROVAL OF Marina Leases :
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''1~~Y~T8~ eRA
iIii East Side ~ West Side~ Seaside RenaISsance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: APRIL 10, 2007
AGENDA ITEM:
I X I Consent Agenda Old Business l\ew Business Public Hearing Other I
SUBJECT: MARINA LEASES
SUMMARY: Marina leases for the second floor of the Dive Shop building to Leo Sand, and slip lease to
Splashdown Divers.
FISCAL IMP ACT: No changes to revenues, as both parties are paying the same rent they paid prior to
the leases. The Agency is simply formalizing the rental arrangements.
RECOMMENDATIONS: N/A
!~
ROBERT T. REARDON, ASSIST. DIRECTOR
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2006-2007 Board
Meetingsl07 0410 CRA Board meeting - ApnllMonthly FinanCial report.doc
RegistratIOn and
Fobo No
BOYNTON BEACH COMMUI\:1TY REDEVELOPMENT AGENCY
DOCKAGE AGREEMENT
Phone (561) 7373256
915 S Federal HIghway
Boynton Beach, FL 33435
EffectIve Date April 1,2007 ExpIration Date: March 31, 2008
(*1f left blank, the expIration da te
shall be the next September 30 after
the effective date, the end of the
CRA fiscal yearJ
Agreement between Boynton Beach, Community Redevelopment Agency, herelD called "CRA," and the
undersIgned boat and/or owner, berem called, "Owner"
(Pnnt all lDformatlOn)
OVv']\rER'S !\:A...l\1E Splashdown Diver's, Inc. Boat Name: Delta's Splash
Street 700 Casa Lorna Blvd. Make Delta Year: 1989
CIty Bovnton Beach Registration No ON 946317
State: PL Zip: 3343,'L OA Length 45' Beam U Draft ;3'
'I Length of yacht is overall and lDeludes PUlPItS, bowspnts and dlDghies hanging astern
~\) Power L Sail no
t::tr~~. , Rate $500/month Electric~ ill Phone No S€e A-"A(~~ /oJAf
.." M~~l\t"to b,.S'tt/'f\ e,.J DiVOt'Shc::.A-
1. The term of this Dockage Agreement (Agreement) shall be untll ~1arch 31, 2008. Owner shall have the
optIOn to renew this Agreement for an additIOnal one year term Any such renewal shall be subject to
adjustments to the terms of thIs Agreement to conform wltb the then current Dockage Agreement In
use by CRA and subject to a renegotIation of the dock rental to the then current market rate Tbe
optIOn to renew shall be termInable by the CRA for faIlure of Owner to abide by the Rules and
RegulatIOns and the terms of thIs Agreement III CR/\'s discretIOn
2. The rental for the current term shall be the sum of FIve Hundred ThIrty Two Dollars and Fifty Cents
($53250) per month, lDcludmg sales tax. The first month rental shall be prorated Each subsequent
rent payment shall be due on the first day of the month and past due on the tenth day of the month.
There shall be a five percent late payment penalty due on all rent payments receIved after the past due
date
3 CR.!'\. agrees to provide electnClty and water.
.~ CR.-A. shall have a hen agalDst the above described boat, her appurtenances and contents, for unpaId
sums due for use of dock faclhties or other serVlces, or for damage caused or contnbuted to by above
descnbed boat, Owner or any lDclrVldual Owner allows to use the boat to any docks or property of CRA
or any other person at the docks III addition to all other remedIes aV311able at law or lD equIty.
5. ThIS Agreement is for the use of dock space only, and such space is to be used at the sole nsk of Owner.
CRA shall not be liable for the care or protectIOn of the boat Gncludmg gear, equIpment and contents)
or for any loss or damage of whatever kllld or nature to the boat, her contents, gear or eqwpment
howsoever occasIOned.
6. This Agreement IS valid only for the above vessel and owner, and is not transferable. This Agreement
grants the Owner a revocable license to use the subject dock space and does not create a lease ID favor
of the Owner or any mterest ID the underlYillg bottom lands or real property connected With the CRA
7 This Agreement shall be in effect untt! the end of the term unless sooner termlllated ID accordance With
the followmg conditIOns
a By destruction of the dockage facilities by storm, Act of God or other calamity.
b In the event Owner makes a bona fide sale of the boat and obtalDs a boat larger than can be
safely berthed at the subject dockage
c. By breach or defa ult as proVlded lD paragraph 8 below
8. Owner agrees to comply with all posted rules and regulations on the reverse Side, as amended from
tIme to time ill the CRA's sole discretion, as fully as though they were set forth herem. and should
breacb of this Agreement or violatIOn of posted rules and regulations occur, thiS rental agreement shall
termlllate unmediately and CRA may remove the boat from her moonng space at the Owner's nsk and
expense and retake possession of the moorIng space.
9 Waiver of any conditIOns by CRA shall not be deemed to be a contllluillg waiver
10. \Veather conditIOns: In the event weather or tidal conditIOns eXist dUrIng the term of thiS Agreement
that would either place the Owner's vessel In danger of mcurnng damage to Itself or Owner's vessel
causlDg damage to the CRA's property or other vessels wlthm the dockage facilities, it shall be the
Owner's respoIlSibility to remove his vessel from the CRA's property and dockage facility. Any damage
ca used by Owner's vessel to the CRA's property, dockage faClbties, Owner's vessel or other vessels
"''ltmn the CRA's property and dockage facilities shall be the sole responSibility of the Owner The
Owner, by executlDg thiS Agreement, expressly agrees that he shall be solely responsible for
maIntalDlDg a weather watch to ascertain when such threatel1lng weather conditIOns may occur III
order to allow adequate tIme for the Owner to remove lus vessel from the CRA's property and dockage
faCility as reqUIred above. The Owner expressly acknowledges that the CRA does not assume any
obligation to contact the Owner Wlth respect to impending weather conditions
The underSigned hereby informs you, as required by Flonda St_atute SectIOn
327.59, that in the event you fail to remove your vessel from the marIna promptly
(time frame to be determIDed between the manna owner or operator and the vessel
owner) after the issuance of a tropical storm or hurncane watch for southeast Flonda
Including Palm Beach County, the underSigned or his or her employees or agents are
authonzed to remove your vessel, U reasonable, from ItS shp or take any and all other
reasonable actions deemed appropnate by the undersigned or hiS or ber employees or
agents in order to Letter secure your vessel and to protect manna property, pnvate
property, and tbe environment You are further notIfied that you may be charged a
reasonable fee for any such actlOn.
NotWithstanding the foregomg, It sball remaIn the Owner's responslblhty for all damage caused by hiS
vessel to the CRA dockage facilities or other vessels. The CRA expressly reserves the nght, but not the
responslblhty, to establish millunum reqUIrements for the kmds of cleats, ropes, fenders and other
measures that must be used on vessels as a condjtlOn of the use of the dockage facilities. In the event
the eRA establishes such minim urn measures, it shall be the vessel owner's obLga tlOn and lIability to
assure himself that such minImum requirements are adequate to protect the owner's vessel from
damage
]1. CRA represents and Owner hereby confirms his understandmg and agreement that there IS no
telephone serVIce to the faCIlity. Telephone service to their vessels must be by ceilular phone. No
pnvate telephone systems may be mstalled Within the dockage faCilities WIthout the pnor wntten
consent of CRA.
12. The CRo\ reserves the nght to reassign the Owner to a clifferent slrp In the event the CRA. deems It
npcessary,1O their sole dlscretlOn.
13. 1\0 other vessel may be placed In the water along With the Owner's vessel which IS the subject of this
Agreement WIthout the prior wntten consent ofCRA. Should Owner have a clingy or other srmIlar boat
on board the approved vessel, when the dlDgy is not aboard the approved vessel, It must be contamed
WI thm the slip
J4 The Owner expressly acknowledges that the eRA assumes no responSibility for the caretak10g or
seeunty of the Owner's vessel and the Owner shall be solely responSible for obtammg independent
caretalung services with respect to hiS vessel.
J5. The Owner hereby agrees to, at ail times dunng the term of thIS Agreement, mailltalD msuranee
providIng complete manne coverage for the Owner's vessel and pubhc comprehenSive lIability
IDsurance With WllItS not less than $300,000.00 for mdlVldual illcldents and $1,000,000.00 aggregate
WIth the CRA bemg named as an adclitlOnal lDsured. The Owner agrees to pro\'1de the CRA a
certLficate of such IDsurance pnor to commencing the occupancy of the dock facilities
16. The Owner agrees to indemmfy, save, and hold the CRA harmless for any and ail habilitles, claIms,
damages, or losses asserted or claimed agamst the CRA arislllg out of the Owner's use of the CRA's
dockage faCilities or CRA. property pursuant to thIS Dockage Agreement, as well as from any and all
acts of Owner. hiS guests. mvitees, or agents The Owner's obligation for such lDdemmficatlOn shall
mclude all reasonable defense costs lDclucling attorneys fees at the appellate levP]
J 7 ThIS Agreement supersedes any and ail other agreements, oral or III wntlng, between the partIes
hereto With respect to the subject matter hereof and contallls all of the covenants and agreements
between the parties With respect to such relatIOn ill any manner whatsoever
J8 :';0 change, amendment, modIfication or alteratIOn of thiS Agreement shall be bmcling upon either party
unless It IS to wntmg and Signed by both parties except for changes to rules and regulatIOns as deemed
necessary and appropnate by the eRA
J9 If any actIOn at law or In equity IS necessary to enforce or mterpret the terms of thiS Agreement. the
prevaillDg party shaD be entItled to reasonable attorney fees, expenses, costs of appeal and necessary
disbursements 10 addition to any other relief to wlllch It may be enUtled.
20 It IS mutually understood that the agreements and covenants contamed herem are severable and ID the
eveot any of them shall be held to be Invalrd. this Agreement shall be lllterpreted as ,f "lJch lDval]d
d~ret'mt'n[s or covenants were not contained herem.
OW"" Spl"bdown D""" Inc rY pP . _,/-
A,'n< LJ.n A. Su~mon' S,,"""ee - r
Date ~ ;-;rlol
BO't"NT N BEACH ,cOl'.[M~TYlDEVELOPMENT AGENCY
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Date 'S-~ - 07
RULES AND REGULATIONS GOVERNING DOCKAGE
In an effort to provldl' an Illviting atmosphere for boat owners docking at tbe CRA docks, the folloWIng rules and
regulatIOns are proVlded for your protectIOn Your cooperatIOn in observlOg the following rules wLlI be
appreCIated
1 Wben a boat enters the basin, it imrnedlately comes under the JurisdlctlOn of the CRA
2 Only pleasure, charter or dive boats III good conditlOn, and under thelT own power. shall be admitted to
berthmg areas.
3 Pets shall be leashed withm the confines of the CRA property Pets permi tteel only tf t hey do not
disturb other lessees and guests.
4 Refuse shall not be thrown overboard. Garbage shall be deposlted in cans supplIed for that purpose.
l\:otify dock attendant for anythmg that will not fit III these cans, he will dispose of same. No person
shall discharge oil, spirits, solvents, mflammabIe lIqUld or oily bilges IDto the basin or on the property
of the CR.A. In the event of any aCCIdental spills of oil, spmts, solvents, flammable lIqwds, fuel
products or other toxic substances or waste, the Owner shall immediately notify the Dockmaster of tbe
eXistence of such condition.
f'l. Sewage sball be disposed of appropnately and in conformance With all pertIDent health codes and state
statutes
6 NOIse shall be kept to 3 mlllirnum at all times Patrons shall use discretiOn ID operatmg engmes,
generators, radlOs and teleVlslOn sets, so as not to create a nuisance or disturbance
I Advertlslllg or solICltlllg shall not be permltted on any boat withm the CR.J\ basm, or by any workman
guest, or lllVltees of the Owner withm the CR.J\ basin or on the CRA propertIes. except WIth wntten
permission of the dockmaster ThiS sectiOn shall not apply to the advertIsement on the hull of the boat
for Splashdown Divers eXlstmg upon commencement of thIS lease.
8. SWimmlllg, divillg, or fishmg shall not be permitted from the docks or finger piers or boats
9. Boat owners shall not store supphes, matenals, accessories or debns on walkway, and shall not
construct tbereon any lockers, chests, cabinets, or SImilar structures, except With wntten approval of
the Dockmaster Paintmg, scraplllg, or repainng of gear shaU not be permIttf'd on the docks or finger
piers Extent of repairs and mamtenance shall be at rhe discretion of management
10. Laundry shall not be hung on boats, docks or finger piers m the basm, nor shaU "for sale" Signs be put
on boats.
11 The eRA reserves the righ t to lImit and govern parkll1g space m the CRA parklUg area
12, Violation of the above rules and regulatiOns, disorder, or llldecorous conduct by any patron, or hIS c:ew
or guests, Lhat mIght lllJUre a person, cause damage to property or harm the reputatiOn of the CRA..
shall be cause for unmedlate removal from the hasll1 of the boat III questiOn
BOYNTON BEACH CRA MARINA
PARTIAL VIEW OF BOAT SLIP LOCATIONS
9
8
7
6
5
4
EAST 3
2
1
S
D P
I L WATER
V A
E S
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S
H D
0 0
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WEST SEA MIST JET SKI's
CASA l.OMA
A (;(JHU CI:R 1 'FICA r t: Uf- LIA~IL' I Y IN~UKANr..;I:-1,'7):.1
..'---..--- 1M 0_ 26~
RCD'JCER Cr?derallnsuran:f' Inc THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
p. ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Y)64 South MiI,ary T rail HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Jke Worth FL 33463 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I
pnone 1:)61 )965.2200 Fax (51111965.2377 INSURERS AFFOFWING COVERAGE I NAle # '1
I'JS J',EI'\ A IVVELLlNGTON3PECIALITY INS I
JSURED SplashDown
l'JSJ',E" !3
700 Casa lama Blvd I'JS.JhE'~ C - j
Boynton Beach, FL 33435. ,..I'J.s.-LR[J~ D.__n___..____.__~_.__~___~--~. ~__
l\JSJRE" E I
'c O~ER-AG_ES~~-____:~=_u-=-~~~=_===nn __ - -.-~su~;~-~=. --- -_.~-----= :.=--J-_________--l
1- T HE POl 'ClcS OF INSURANCE LIST ED HAVE BEEN IS SLeD TO THE INSUREC N~ rulE 0 "BO\'E FOR THE POLlCv PERI')D INDICAT ED NOTWIT f-IST ANDING
ANY REOUI"EMENT TE"MOR CONDITION OF ANY COrnRACT OR OTHER [JOC UMclJl V'vi'H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
i MAY PERTAIN THE INSURANCE AFFORDED BY THE POUC'ES DESCRIBED H=:Ri,N IS SUB"ECT TO AL, THL TERI'.1S EXCLUS,:::NS AND CONDITO"S OF SUCH
I POl.lCIES AGGREGATE LI',1ITS SHOWN MAY HAVE BEEr, REDUCED BY PAr;) Cc\:MS
INSR i -A[)D,~~n - ..--.-..----- - -. - '- --- -- XI'':''; E-FFECTIVE POLICY EXPIRATION
LTR ; .INSRD . TY~E.OF INSUR~_CE_ . POLICY ~UMBER [AlE _IMMIDDI)'YI OAT!: IMMIDDIYYI LIMITS
I - 1 GENERAL LIABILITY i::~C:HOCc:,=,".R':'''JCE 1.000.000
: i :v COMMERCIAL G["ERAL LIABILITY 07.0136 02/08/07 02/08/08 ~~~~~~~?E~~~L~;nce) , 1,000.000
I I --- ---. .-- ~---- ---- --,,~ --- - T-- - -
I I' CLAIMS ".'.'ADE rv."~ OCCUR MEo. EXPIAnyone pelS.on) __ ~ 5.000
A Iv! PERSONAL & ADV INJ'.iRY I 1,000.000
---------- GENERAL AGGREGA'fE I 2,000,000
.-----~----. PRODUCTS COrJP,OP AGG 1 1,000.000
AUTOMOBILE LIABILITY COMBINED SI~G'LE L~I'11~ ..~-
ANY AUTO .lE~aCC'de.'.'iL_.___.____i n____.__nn_
ALL OWIJED AUTOS BODILY INJURY
B i I SCHEDLJLFD AIITOS (Per person) I
HIRED Ac,T OS BODIL Y IN,:URY
NON OW',ED AUTOS I I (Per acc,denl)
--- ---- --- J [ , PROPERTY DAM;1.GE: ~
.~. -------- ----------.1. ~_.lIPeraCC'd5'.:.'lIl..--. -'''--.- '-TI ____..._
, A~TO ONL Y E/\ f"...CCIDEr",-:-
ANY AU~() I OTHER TII~N . El, !lCC !.. I
AUTO ONlY AGG
EAC-c OCCURR.ENCE
.1
I OCCUR CLAIMS MADE AGGREGATE j
:0
I
I DEDUCT'BLE
I i RET ENTIO"
I WORKERS COMPENSATION AND : '/IC STATU OCH.
i EMPLOYERS'L1ABILlTY TORY LiMITS ER :
IE MY. P.R. OPRIE10R; PARTNER EXEcCUTIVE I " I. E. r"C. - .'.,CCIDf....NT . I
OCFICER MEMBER ExCLUDED? E L DISEt,Sc EA ErdPLOYEF
If 'yPS uesCflbe under
i F ~:HC~~1 PRO JISiONSlwlow ! I E L GISE '<Sf' POL'CY :.:M.T . . I
1- - --- -----. --_._ ~__ ____.__ ____. __ - __~ ~. . . n.__....... - .--~ - ---.~_ --i
i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEC B) ENDORSEMENT I SPECIAL PROVISIONS I
[Boynton Beach CRA IS listed as additional Insured as respect tl) general liability insurance I
CERTIFICATE HOLDER CANCELLATION
~;HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL
BOYNTON BEACH CRA DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
915 S FEDERAL HWY THE LEFT, BUT FAlLURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
BOYNTON BEACH, FLORIDA 33435 ,~UTHORIZED REPRESENTATIVE
I FEDERAL INSURANCE
Il,CORD 25 (2001/08) @ACORDCORPORATION 1988
COMJ\lERCIAL LEASE AGREE\IENT
y/-..
Q.. '01S LEASE AGREEI\1E:\T IS made dnd entered ll1to tll1 s (z:C~~_<~---da y of
. .-"'-~~ J~L_' 2006, by and hetween the Boynton Beach Commu11lty Redc\clopmcnt
Agency, a publIc agency created pursuant to Chapter 163, Part III, of the Flonda Statutes,
(heremafter referred to as "Landlord"), and leo Sand of DI\e Charters lnterrlCltlonal, Inc
(heremafter referred to as "Tenant") for the propeny located at 700 Casa Loma Boulevard,
Second Floor., Boynton Beach, Flonda 33435, and t\\O boat slIps 111 the adjacent manna.
ARTICLE I - GRA:\'T OF LEASE
Landlord, l!1 conslderatJon of Se\ en Hundred Dollars (S/OO (0) per month (receipt of wh1ch lS
hereby acknO\vledged) and the covenanb and agreements to be performed ane! observed by the
Tenant, docs hereby lease to the Tenant and the Tenant does hereby lease and take from the
Landlord the proper1y located at 700 Casa Loma Boulevard, Second Floor, Boynton Beach,
Flonda 33435 (the "Leased PremIses"), together WIth, as pan of the parcel, all Improvements
located thereon, and
Landlord, l!1 consIderatIOn of FIve lIundred Do] lars (S500 00) per month (receIpt of whleh IS
hereby ackno\vlcdged) and the covenants and dgIccmcnts to be performed and observed by thc
Tenant docs herebv lease to the Tenant and the Tenant docs herebv lease and take from the
, .,. '"
Landlord Slip;; lOIn the marll1a adJdcent to 700 Casa Lom3 Boulevard (lIlcluded wltlllJl the
definItIon of the Le3sed PremIses), together \\ltl1, as part of Sl'}l #10, all Improvements loc3ted
thereon: and
Landlord, 111 conSIderation of FIve Hundred Dollars (S50000) pel month (recel!lt ot whrch IS
hereby ackno\\ledged) and the covenants and dl.:reemcnts to be performed and observed by the
Tenant, docs hereby !ea:o,e to the Tenant and the Tcn3111 does hereby lease and take frolll the
Landlord SlIp q I] 1I1 the manna adlacelll to iUO eaSel Lom~l Boule\ ard (1llcluded wlthlll the
definition of the Leased PremIses), together With, as pan of Slip r:] 1, all Improvements lociltcd
thereon
ARTICLE 11 ~ PLRPOSE OF AGREE,\IENT A:\D DEPOSIT WAIVED
]t IS acknowledged by the partlcs hereto that \.\ hen Landlord purchased the buildIng locJteci at
700 Ca5a Loma Boulevard, there was no written lease In place between the pre\lOUS owner ('f
the buIIdlllg and Tenant. Therefore, Landlord deslIes at thIS tIme to solidify and clallfy the
Landlord/Tenant relatIOnshIp by entcllng lI1to thIS ComrnercJa] Lease Agreement Due to thc
longstanding history of Ten ant at the Leased Prellllses, Landlord IS not reqUJrlng a depOSit III the
form of first.month's rent or a sccunty depOSIt ]f Landlord be]lc\cs a depOSIt IS requlIed for any
lease term renewals, Landlord shall have the optJon to require same
ARTICLE III - LEASE TERM
The term of thIS Lease shall bCglll on October 1, 2006. and shall termlllate on September jO,
2007 Tenant shall have the optlon of renewlllg for olle.year terms WIth the cunsellt of I ilnd)ord
!
SO long 3S Tenant notIfies Landlord In \Hltll1g at least (]() days prior to the exrmatlon of the term
Landlord resenTS the right to not extend the term of tillS Agreement wlth Tenant
ARTICLE IV - RENT
Landlord hereby acknowledges receIpt of One Thollsand Seven Hundred Dollars ($ 170000)
Dollars as payment m full for the first month (\f the lea.se, \vhlch Includes the Leased Premises
and Boat SlIpS ;110 and #11. Rent payment shall be due and payable to Landlord and checks shall
be made out to the "Boynton Beach Community Redevelopment Agency" and delIvered to
Landlord on the tenth of each month thereafter, \lnles" the tenth falls on a Sat\lrcby or Sunday or
hollcLy, and In that e\ent, rent would be due the next busll1ess day ImmedIately followll1l; Rent
payment shall be maIled, delJ\ered by o\cmlght deII\CrV, \\lred or hand dell\cred to Landlord at
the address set fOl1h belmv. A late fee of S] 00 shall be applIed to any rent payments \\'hlch arc
five (5) bUSIness days late or more. Landlord reserves the lIght to Increase the rent payment at
the end of the InItIal and subsequent terms
ARTICLE \' - I.\JPROVE'\lENTS
Tenant Illay not make Improvements to lhe Leased PrelllJses \vlthout the \\Tltten coment of
I;:lI1dlord
ARTICLE VI - UTILITIES
Tenant shall pay for all electriCity, lIght heat. gdS, PC)\\cr, fuel, lanltorJ31, Internet and other
sernces InCIdent to Tenant's use of the Leased Prellllses, \\ hether or not the cost thereof IS :\
charge or ImpOSitIon ag,i1nst the Leased Prellllses.
ARTICLE VII- OBLICATIO:\S FOR REPAIRS
Landlord shall make any and all necessary repaIrs. the \alue of \\hlCh exceed.'; Sc\ent).Fl\C
Dollars (S"5 00), to any por11on of the Leased PrellllSes upon \\l1tten notice from Tenant and
lJpOn dclerlT1l1latlon by Landlord thaI the re[1aJrs at Issue arc necessary
ARTICLE VIII - TE:\'ANT'S COVENA~TS
Tenant covenants and agrees as follows
d To procure any lIcenses and pen1l1ts requJred lor an) use l11ade ot the Leased
PremIses by Tenant, and upon the eXpIratIon or tenll1natlon of thIS Lease, to remme
Its goods and effects and those of all persons claImIng under It, and to )'Ield LIP
peaceably to Landlord the I cased PremIses 111 good order, repaIr and condition 111 all
respects; except1l1g only structural rcpalrs (unless Tenant IS obllgdtcd to make such
IepaIrs hereunder) and rC:lsonable wear and tear;
b To permIt Landlord and Its agents to examlllC the Leased Premises at reasonable
tlInes and to prOVIde Landlord., If n()t already a\allable, \\Ith a set of kC\ s fen the
'j
-~
purpose of saId examlllatlon, prO\lded that Landlord slnl1 not thereby unrcasonably
IIlterfere \\/lth the conduct of Tenant\ buslI1ess:
c To malntall1 the Leased premlscs In safe condItIon and repaIr and at Its sole cost and
expense, correct or remove any matter that would \1O]ate appl1cablc law or constItute
a dangerous or objectIonable conciJtJUn.
d To not sell food on the Leased Premises
e To not use compressors to fill aIr t:mks on the Le3sed Prel1l1Ses. Tenant covenants
that all sLlch all' tanks are to be flllcd off of the Leased Premises.
f :\ vIolation of any of these covenants may constitute a default bv Tenant as
detcnnmed by Landlord
ARTICLE IX - L'\DEM\'ITY BY TE.'\'ANT
Tenant shall save Landlord hannless and mdemnlfv Landlord from 31] lnJury, loss, claIms,
actIons or damage to any person or property \vhIle on the Leased Premises and any related
expense, IncludIng attorney's fees, unle:,s call sed hy the Willful 3Cts or omISSions or gross
negligence of Landlord, Its employees, agents, licensees or contractors Tenant sha]] mallltaln,
With respect to the Leased PremIses, complehensl\e gcneral lIability II1smance WIth hlll11s of nut
less than one million dollars 1-"11' II1lury or death fml11 one aCCIdent and ~:"()O.()OOO() property
damage Insurance, InsurJllg Landlord and Tenant agaInst lI1)ury to persons or damage to property
on or about the Leased PrerT1lses. ;\ copy of the polICY or a certificate of II1surance shall be
delIvered to Landlord on or before the commencement date ({nd no such polley shall be
cancelable WIthout ten (10) days prior \\fltten nutIce to Landlord
ARTICLE X- USE OF PROPERTY BY TE1"ANT
The Leased Prcmlses may he occupIed and usee! by Tenant exclusJ\cly as J dl\c charter school
and those uses InCIdental thereto
l\othll1g hereIn shall gI\/e Tenant the light to use the propeny for an,\! other purvose 01 10
sublease, Z1sslgn, or license the use of the property to any sub.tenant, asslgilCe. or licensee, \\hlch
or who shall use the proper1y for any other use
ARIIC'LE XI - DEFAULT
In the e\ent that Tenant shall be 111 default of thiS Lease, Landlord may pursue 311 remcdles
avaIlable at law or eqult'\!' In the event of lkfault by Landlord, Tenant may termll1ilte tl1ls Lease
or seek speeIflc performance or pursue all remedies avaIlabk at IJW or equity
ARTICLE XII - HAZAHDOUS MATERIALS
1
:\ny actlV]tles m 3ny \\ay lIl\ulvll1g haiardolls materIals or substances of 311\ kmd wh3tsoc\'er,
either as those terms I1lJY be defined under anv state or federal laws or regulatlons, or as those
terms are understood m common usage, are specIfIcally prohlbl!cd The use of petroleum
products, pollutants, and other hazardous materIals on the property IS prohlblted Tenant shall be
held responsIble for the perfonllance uf and payment for any envlronmcntal remedIatIon that
may be necessary, as determlT1cd by the Landlord, \\1Ihm the property. If any contamlllatlon
eIther spread to or was released onto ad)omlng property as a result of Tenant's use of the
prope11y, the Tenant shall be held sJmllarly responSIble The Tenant shall Indeml1lt\, defend,
and hold halmless the Landlord from anv elallll, loss, damage, costs, charge, or expense anslllg
out of am such contamln3tlon.
ARTICLE XIII - i\lISCELLANEOl~S
Section 1. Quiet Enjoyment Landlord covenants and agrees that upon Tenant obsClv'lng and
performmg all of the terms, covenants and condItions on Tenant's part to be observed and
performed hereunder, that Tenant may peaceably and qUietly have, hold, occupy and enJoy the
Leased Premises in accordance With the terms of thiS Lease WIthout hmdrance or ll1terference
from Landlord or any persons L\\\'fully clalJ11lng through Landlord
Section 2. Holding Over In the C\cnt that Tcnallt 01 anyone clalllllng under Tenant shall
continue occupancy of the Leased Premises after the eXpiration of the term of thiS Lease or allY
rene\,'a] or extensJOn thereof Without any ai2reel11ent In \\Tltlng be1ween Lllldlord ,md Tenant
With respect thereto, such occupancy shelll not be deemed to extend or renew the term of the
Lease, hut such occupancy shall continue as a tenann at wlIL from month 10 month, upon the
CO\ ellants, prO\'ISIOns and conditions herem ~'OnL:lllled In such case, the rental shal] double the
rental amount IIJ effect dUring the term of thiS Led',e ;IS extended or rcncv,cd, proraled zJlJd
payable for the period of such OCCUpelllCY
Section 3. \\'ainrs Failure c'[ eIther I';lr1y to complzlln of anv Jct clr 0lJ1ISS10n on the part of the
other party. no matter how long the same may contll1ue, shall not he deemed to he a waiver hy
said pal1y of any of Its rights hereunder ~o W(JI\cr by either pZllt) at any tlllle, express or
Imphed, of any breach of any' prO\'ISlon of this LC3~;e shZll1 bc deemed a waJver ofa breach oLlIlY
uther prO\ISlon of thiS Lease or a COIl~":CIlt to allY subsequeIlt breach of the samc or an) othel
pro\' 1 SJ on
Section 4, Notices. All notIces and other COllllllUJllcatlons authOrized or reqUIred hereunder
shall be Iii \\lltlllg dnd shall be gl\cn bv Jl1dlill1g the Sdme by certdled mall, retum rccel!,t
requested, rostage prepaid, 3nd any such notll~e or other communicatIon shall bc deemed to h,]\ e
becn given when receIved by the pan) to \\horn "L1ch notlce or other COl11mllIllcatlOI1 sh(1]1 be
addressed
If sent (0 the CRA, notIces shall be addressed to
LIsa Bnght, ExecutIve Dllcc!or
Boynton Beach CR.,'\.
C) 15 South Federal HIgh,,:;)
4
Boynton Beach, Florida 33435
BrlghtL@cl.bo)'nton.bcach.f1 us
\Vlth a copy to.
Kenneth G. SpJlIJas, EsquIre
LewIs, Longman & Walker, PA
1700 Palm Beach Lakes Boulevard, SUite 1000
West Palm Beach, FL 3340 I
kspI1has@llw.la\v com
If sent to the landlord notices shall be sent to
Leo Sand
DJ\/e Charters Intcrnatlonal. Inc
5323 Canal Dme
Lake Worth, Flcmda 33463
Section 5. Assignment. Tenant shall not assIgn tIllS LC3SC Without first oOLlll1J1lg the \\rJttcn
consent of the Landlord.
Section 6. Invalidity of Particular Provision If dllV term or prO\ ISlon of thIS Lease or thc
apphcatIon hereof to any person or clrcum:;tance shall. to anv e\tenL be held Il1\alld or
unenforceable, thc remall1der of thiS Ledse, or the appllCi1tlon of such term or prOVISion to
pcrsons or circumstances other than those CIS to \\hleh It IS held Ilwalld or ullenforceable, shall
not be affected thereby, and each term cll1d [)JO\ISIOn of thiS Ledse shall be valId and he enforccd
to the fullest extent permitted bv I,m
Section 7. Captions and Definitions of Parties The captIons of the SectlollS of th]s Lease arc
for convenience only and 3re not a part of this le3se and do Ilot III any \\J) limit or amp!lfy the
terms and prOVIsIons of thIS lcase The word "Landlord" and the pronouns refcrrll1g thereto,
shall mean, where the context so admits or requires. the PL, .SCJI1S, finn or corporation nJmed
herem as Landlord or the mortgagce 111 pos<;esswn Gt any tJllle, of the land and building
comprising the Leased Premlse.s /'\ny pronoun shdll be read m the smgular or plural and 111 such
gender as the (\ln1cxt Ilia)' rCljulle Except as III thiS Lease otherV\ Ise proVided, tile terllls and
prO\ISlons of thiS Lease shall be bmdmg upon and Inure to the benefit ot the p3111es hereto and
their respective successors and aSSigns
1\0thlI1g conta1l1ed herem shall be deemed or construed by the parties hereto nor by an\' third
party as crcatlllg the relatIonship of pnncIpal and agent or of partnership or of CI Jomt \ enture
between the panics hereto, It being understood and agreed thClt neither any prO\I510n con tamed
herem, nor any acts of the panics hercto, shall be deemed to create any relationship between the
panics hereto other than the relatIonshIp of Landlord and Tenant.
c,
Section 8. Brokerage No party ha~ actcd a~, hy ()r through a broker 111 the cJlectuatJDIl of thIs
.Agrecl11el1~
Section 9. Entire Agreement This Instrument contall1s the entire and only agreement betwcen
the parties, and no oral statements or representatIons or prior Written matter not contamed ll1 thlS
ll1strument shall have any force and effect Tim, LeJse shall not be moddIed In clllY \\ay except
by a \\TIIIng executed by both pJrtles
Section 10. Waste. Tenant shall occupy the leased premises JIl a careful Jnd proper manner
and not commIt any \va~te thereon
Section II. Governing Law /\11 matters pcrLlIl1lng to thiS Lease (Inc]udl11g Its InterpretatlOn,
applIcation, validity, performance and breach) m whatn er JurlsdlctJOI1 actlOl1 may be brought,
shall be governed by, construed and enforced In accordance \vlth the la\\s of the State of f10rIda
The partIes herem waIve tnal by Jury and agree to submlt to the personal JUrISdictIon and \TnUe
of a court of subject matter JUrISdlctlon located ]n Palm Beach County, State of FlOrida In the
event that htlgatlon results from or anses out of thiS Lease or the performance thereof, the parties
agree to reimburse the preV311ll1g part V's reasnnable dttorney's fces, court costs, and all other
expenses, whether or not taxable by the COUI1 de; costs, ll1cludlng appellate fees and costs, In
addItion to any other rel1efto \\hlch the plcvaIl1l1g pal1y may be cntltled In such e\ent. no ;1C[IOI1
shall be enlertall1ed by said COUJ1 or any coun of competent JUJlsc]Jctlon If filcd marc than OIlC
year subsequent to the dale the causc(s) of actIon actuallv accrued regarulcss of whether damages
were otherWise JS 01' scud tlmc calculable
]0) WITNESS WHEREOF, thc pal11es hereto have executed t1m Lease the day and year lirst
abovc WrItten or h,1\e c3Llsl'd thIS Lease to be cxecuted hy their resrec(l\c (]fficers thereunto duly
authorized
SIgned, scaled and delivered 111 the presellCc of.
WITJ\ESSES: L\,\;DLORD:
/ /
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/ / i BOYNTO:\ BEACl I eRA
k~~7~~~:r Bv J!kf~
PrI ted '\'ame /
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!Robert ~ r.Reardon . /
'---%___'uu_~u___ Date Executed. ---~t2/--~it2ft
Printed :.Jamc
WIT""'ESSES: TE;\JA.\'T:
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Printed :'\lame '
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: M. CORNERSTONE REQUEST FOR THE :
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1~~qY~T2~iC RA
iIi East Side-West S'lde-Seaslde Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: April 10, 2007
AGENDA ITEM:
I X I Consent Agenda Old Business I New Business Public Hearing Other I
SUBJECT: Request by Cornerstone Group for additional incentive for the Preserve
SUMMARY: Due to the popularity of the workforce housing program created by the partnership of
the CRA and The Cornerstone Group, Leon Wolfe, President of Cornerstone Group is requesting to
create another 50 workforce units in exchange for increasing the Direct Incentive Agreement TIF funds
from 50% to 75%. The developer has also requested that the most popular model be increased in price
from $239,990 to $249,000 to cover interest and broker costs and that the Homebuyers Assistance
Program maximum funding amount be increased from $50,000 to $60,000.
FISCAL IMP ACT:
As the DIF A is now written, the developer receives 75% of the TIF in years 1 - 5 and 25% of the TIF in
years 6 - 10, The developer's total estimated TIF allocation under the existing DIFA is $2,779,898. If
the developers request is approved, and the TIF allocation goes to 75% in all years, the estimated TIF
allocation is $4,169,847 a difference of$1,389,949,
The amount of funding required for the Homebuyers Assistance Program (CRA down payment
assistance) for the additional 50 units is $3M.
RECOMMENDA TIONS:
Staff does not recommend approving The Cornerstone Groups requests for additional T1F, price increase
and additional down payment assistance for the following reasons:
. Increasing the TIF would reduce the amount of CRA funds available for additional projects
throughout the district.
. The additional $3M for down payment assistance would preclude the CRA from providing down
payment assistance in any other project until fiscal year 2008-2009,
. Staff feels that the concentration of low-to-moderate income residents would be too high with
100 of the 180 units being designated as affordable (56%).
. Increasing the purchase price increases the need for more buyer subsidy.
T\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006.2007 Board
Meetings\07 04 10 CRA Board meeting. April\Cornerstone request for add. tif.doc
~ ;
/:~~;~:,
/r~'"'.~~:\
11~<tY~Te~ICRA
iIi East Side-West S',de-Seaside Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
For the above stated reasons, staff recommends denial of the Cornerstone Groups request for additional
incentives.
C/kto~~
eRA Planning Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006.2007 Board
Meetings\0704 10 CRA Board meeting - April\Cornerstone request for add. tif.doc
,~~
'"y
lCOJ['~I\EPtS'r[)f\J]E (GRC>>i;r~
I April 2, 2007
I
VIA EMAIL: briqhtl~ci.boynton-beach.fl.us
Lisa Bright, Executive Director of the CRA
City of Boynton Beach
915 South Federal Highway
Boynton Beach, FL 33435
RE: The Preserve at Boynton Beach
Dear Lisa:
As j mentioned to you previously, I believe our program with the CRA has been
extremely successful. Since we rolled out the program after CRA approval in December
2006, we have placed over 30 units under contract and have deposits on an additional
10 to 15 units which we hope to convert to contracts over the next few weeks, We
should reach the 50 allocated units in a month or so, at which time we will have to stop
the program until all of the contracts have closed. Because of the lengthy construction
lead time, that could be a year or more from now, I have sent to you previously some of
the'mailers which we have mailed out to about 30,000 households which have helped
us create this excitement.
We have recently begun our closings on the first three buildings, and we have
encountered a few issues that will take some time to resolve, For example, both Palm
Beach County anq the City of Boynton Beach have expended all of their subsidy funds
for moderate buyers (families of two earning more than only $41,200 annually). We
have been working with Palm Beach County to make available moderate funds which
will allow some of those units to close, Also, we have had some issues with our
construction lender due to the very small deposits (and correspondingly large risk) we
are taking to build a $250,000 home. Finally, because many of our buyers have less
than excellent credit, we have to address many mortgage underwriting concerns at the
last moment All in all, I would consider the vast majority of these issues "growing pains"
which we have experienced at every community we develop in this challenging market
and we are still quite excited about the success of oLlr program,
As an aside, approximately 50% of our "affordable" buyers have some type of
college degree. We have sold to several teachers, nurses, government workers and the
like, We have been consistently seeing between 40 and 50 customers each week (five
times our prior traffic) since the beginning of the year, and have a few brokers who are
T CORNERSTONE PREMIER COMMUNITIES
2121 PONCE O[ LION BlVD.. PH, CORAL GABLES. FLORIDA 33134 . hl: 305 443 8288 . FD,x 305443.9339
cornerstonegrp.corTl
(.2.
~, ./,~ Lisa Bright, Executive Director of the CRA
':~Jr
City of Boynton Beach
Pa~e 2 of 2
bringin9 in quite a few buyers, It's clear to us that coupling tfle exceptional value we are
offering with a Boynton Beach address are an unbeatable cornbination,
In sum, we believe the program is doing everything we all hoped for and more,
and we'd now like to expand the program to bring more attainable housing to Boynton
Beach, as well as make a few minor adjustments.
We propose to add an additional 50 "CRA units" at The Preserve, for a total of
100 units. This will allow us to continue our selling and our momentum, To accomplish
this, we need to address a few issues, First, our buyers will need the $50,000 in
assistance from the CRA which has been made available to our first group of 'buyers
(we need to have some flexibility to adjust the subsidy as explained below), Also, we
would like to expand the TIFF Cornerstone can earn to 75% of the available revenues,
with all of the additional revenue subject to the same results-oriented phase-in we have
with the initial 50 units. In addition, we need to increase the price of the Banyan,
Hibiscus and Palm models to $249,000 after the Cornerstone subsidy (the Cypress
model will remain the same). Two key reasons we need to increase the prices of those
three units is because: 1) the interest carry, marketing costs and overhead on the
overall project is far in excess of what we contemplated (primarily due to the fact that
our build-out is contemplated to take up to four years, not two years as originally
planned); and 2) we never contemplated such a large percentage of our attainable
buyers would come througll brokers. Our commissions are about $12,000 per unit.
In addition, we would like to have some flexibility in the amount of CRA subsidy
available to each buyer. Since there is more SHIP money available for low income
buyers, we would like to be able to provide up to $60,000 to moderate income buyers to
help this fill their financing gap. As noted above, earning only $41,000 puts a buyer into
the "moderate" category, All monies are subject to underwriting by the Boynton Beach
COC, of course, to ensure a buyer does not receive more than he is entitled,
We hope we can expand this program to include more worthy households, I
would be happy to meet with you at your convenience to review any comments or
questions you may have.
Very truly yours,
Village, L.L.C,
.
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. v. CONSENT AGENDA: .
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. N. MLK CORRIDOR UPDATE .
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II...............................................................
~~~~Y~T8~ eRA
iIi East Side-West S.,de-Seas,de RenaISsance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: April 10, 2006
I Consent Agenda I Old Business New Business Public Hearing Other
SUBJECT: MLK Corridor Update
SUMMARY: It remains the last negotiation meeting was held on February 16, 2007 as well as
the City/eRA response to the development agreement was sent to the InTown Partners on February 28,
2007,
To date, no additional negotiation meetings have been set and/or no written reply to the City/CRA on the
comments to agreement.
The City Manager sent an email on March 31, 2007 to InTown Partners requesting a response to the
agreement and consideration to set a negotiation meeting for April.
As a side note, owners of property within the corridor have been contacting the CRA with regard to
selling their property. Staff continues to refer them to the developer.
FISCAL IMPACT: None.
RECOMMENDATIONS: None.
Cv .t-
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 0410 CRA Board meeting. April\MLK Update,doc
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: VII. PUBLIC HEARING: NEW BUSINESS: :
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: A. LAND DEVELOPMENT REGULATIONS:
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: REWRITE:
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 07-029
TO: Chainnan and Members,
Planning and Development Board & the
Community Redevelopment Agency Board
FROM: Michael Rumpf
Planning & Zoning Director
DATE: March 28, 2007
RE: LDR Rewrite - Consolidated Definitions & Project Update
INTRODUCTION
The rewrite of the City's Land Development Regulations has been the most intense
project encountered by planning staff since the comprehensive plan was finalized in
1990, under the new Growth Management/Local Government Comprehensive Planning
Act of 1985. This prior effort involved the completion by city staff of three (3)
comprehensive plan elements (chapters) and corresponding support documents as well as
overseeing three different consultant teams responsible for the remaining 6 elements, For
comparison, the LDR rewrite effort involves updating the City's comprehensive zoning
and land development regulations that have experienced multiple, incremental updates
since originating in 1961, and with the last series of updates involving only particular or
limited sections of the LDR, Specific sections of the LDR's have been rewritten in
conjunction with major updates to the Comprehensive Plan; ho\vever, there has not been
a single comprehensive update to the City's LDR's since the 1970's when the document
was likely one-quarter its current volume,
The current LDR rewrite project first involved a consulting firm contracted for the
project in 2002, However, City staff found it necessary to take direct control of the
project late in 2004, Although the termination of the consultant caused the city to lose
significant resources at one time devoted to the project (represented by an entire
consultant team), the city has gained the experienced/insightful perspective, which is an
advantage of having city staff complete such a project. With the recent slight decline in
the number of development applications filed with the Division, staff has been able to
devote somewhat more time to this effort,
Accordingly, the emphasis has been placed on the completion of the new Mixed-Use
District Regulations, the Work-Force Housing Ordinance (a joint effort with the CRA),
the consolidation and update of the ultimate Definitions, the drafting of the Use Matrix
and corresponding descriptions and regulations ("general" and use-specific notes), and
drafting of the revised format. The Use Matrix will ultimately replace the individual use
regulations that are currently codified into the individual zoning district sections, update
the uses and efficiently organize them consistent with the revised format of the LDR, It
will also eliminate unnecessary duplication and unfriendly displacement. Establishing
the Use Matrix has facilitated the thorough analysis of uses and specifically, a review of
the zoning districts where uses are permitted, thereby identifying excluded uses and
potential weaknesses in the defensibility of the city's zoning regulations,
PROJECT OBJECTIVES
The objectives set forth at the onset of staffs management of this effort continue to be
endorsed, and are summarized as follows:
1. PreservelUtilize work efforts initiated/accomplished by the consultant including
work products, discoveries, pertinent recommendations, and input collected from
the public, staff and elected officials during workshop sessions;
2, Maximize user-friendliness in the ultimate document with the appropriate and
logical organization, intercOlmectivity, and writing style;
3, Maintain public involvement in the rewrite process, including input from local
professionals "experts";
4. Use a dynamic approach in the rewrite effort allowing the shifting of resources as
needed to address current issues and Commission direction; and
5, Continue to deliver optimal customer service to the public and applicants during
the project.
Objective #1:
To maintain an efficient project, staff continues to further certain recommendations
promoted by the consultant, as well as much of the original input collected from
workshops, This includes, in part, LDR format or organization; incentives for use of
mixed-use zoning districts; urban (or flexible) landscape regulations; administrative
review responsibility; and the development of non-conforming lots, Staff continues to
advance the idea of a more efficiently organized LDR, and is drafting a revised format to
generally follow the chronological order of the land development process, As indicated
by the attached, proposed Table of Contents, Staff continues to propose that the entire
LDR be reformatted accordingly,
The mixed-use district regulations have been amended and will be reviewed against
recommendations generated from the planned downtown visioning workshop and master
planning project. It should be noted that one of the original three "focus areas" of the
consultant, "mixed-use districts", has been fully addressed by staff with the adoption of
the new mixed-use zoning district regulations. The ultimate landscape regulations will
include provisions to correspond with the new mixed-use zoning districts, as well as
address other important issues such as water conservation, minimizing storm damage,
maintenance and flexibility.
The topic of administrative review has also been incorporated into the regulations, in
connection with setback requirements and home expansions, and will continue to be
considered as staff reviews those sections of the LDR involving administration and
process, Lastly, the city's non-conforming lot regulations were last amended in 2001 to
increase development opportunities, and are currently being explored as a potential tool
to promote affordable housing,
Objective #2:
User-friendliness continues to be a primary objective, guiding both the format as well
emphasis on simplicity and clarity, For example, the theme for reorganizing the
document continues to be the order of the development process, This comprehensive
rewrite will allow for the total reorganization of the document and the rectification of
problems caused by over 30 years of incremental amendments and "quick fixes",
Objective #3:
Public involvement also maintains a high position in the priorities for the project.
Despite the elapse in time, minutes from the original workshop and neighborhood
meetings have been retained in order to preserve initial input and direction, Furthermore,
local professionals and other similar resources will be an important part in the update
process, For example, to obtain feedback applicable to the landscape code, staff held a
discussion forum in November of 2005 to kick-off this segment of the project. The
participants included local individuals and firms involved in landscape design and the
trade. Staff also collected valuable input including compliments and criticisms on current
regulations, the need for flexibility, and trends, Staff will repeat this process in preparing
the update to the City's wireless communications section, and staff is currently compiling
a list of invitees for this workshop,
Objective #4:
Staff acknowledges that a rewritten LDR is long overdue, However, during the past two
years, numerous issues have surfaced leading staff to redirect its efforts and focus on
further incremental minor code amendments, Examples involved non-residential uses (in
residential zoning districts); commercial sign regulations; residential setbacks; urban
overlay for commercial development; M-llindustrial uses and zoning; the quasi-judicial
process; public art; Mixed-Use Zoning Districts; and workforce housing,
Although each of these individual projects detracted from the comprehensive LDR
rewrite effort, staff nevertheless, has recognized these "sidetracks" as important and is
attempting to mainstream these incremental accomplishments into the current rewrite
efforts as efficiently as possible, In retrospect, had the LDR been initially completed on
schedule, numerous amendments would have already been processed, proving that the
LDR must be viewed as a dynamic tool warranting regular evaluations and revisions to
ensure its consistency with the Comprehensive Plan, City direction, and continued
usefulness to the public.
As for outstanding issues, staff has been reviewing as part of developing the matrix,
industrial uses capable of fitting into other zoning districts and options for implementing
th e M-l Study recommendations pertaining to S, Congress A venue and residential
impacts, Staff hopes to adequately address the M-l study recommendations in the
rewrite project, in lieu of paying additional consultant fees for outside assistance, As for
new Issues, such as regulating chickee huts, staff has drafted regulations for
consideration, including a corresponding definition (see accompanying Definitions-Open
A ir Pavilion).
Objective #5:
The fact that all applications filed with the Planning & Zoning Division, as well as public
inquiries, and matters involving research for the administration and elected officials have
been addressed in a timely manner, including the expeditious processing of items of
special concern, and completion of the time/fee study, is evidence that public service has
not been jeopardized while advancing this project.
CONSOLIDATED DEFINITIONS
As part of reformatting the entire LDR, staff proposes to expand the definitions section
(currently Chapter 1, Article II), by consolidating all new terms and definitions with
existing definitions currently codified within each of the 25 different chapters. Existing
definitions have been, or wilI subsequently be, updated concurrently with their
corresponding chapters to eliminate duplications, ensure consistency with new
regulations or review processes and policies, and replace outdated terms and definitions,
This section may ultimately represent its own chapter at the beginning of the LDR, and
will continuously be amended as corresponding chapters and sections are updated,
At this time, the majority of proposed changes represent the significant time spent
preparing the use matrix, The use matrix is an update and consolidation of all the
different permitted, conditional and accessory uses allowed in the city, by zoning district,
and corresponding regulations or provisions, Currently, such uses are listed in each
respective zoning district, with the corresponding provisions/regulations found within
multiple locations of the zoning regulations, Ultimately, the corresponding notes will
immediately follow the use matrix, preceded by the definitions section of the entire LDR.
The proposed list also includes terms and definitions from new or pending regulations
(i,e, Art in Public Places, new Mixed-Use Zoning Districts, Workforce Housing; etc,), as
well as updated tenns from those regulations currently being revised by staff of the
Planning & Zoning and Engineering Divisions such as landscaping, wireless
communications, and platting, Tenns have been worded or organized to allow for
alphabetical grouping, to further promote ease of identification and user-friendliness,
Such groupings involve, for example, uses related to Automobile/Vehicle Sales or
Service, Signs, street classifications, and property surveys,
Noteworthy are new or revised terms proposed to address prior or current topics and
issues, and add clarification, The following is a sample of such new or revised terms:
. Accessory Unit;
. Certificate of Conformity;
. Group Homes;
. Open Air Structures (includes chickee huts);
. Organizations, Civic and Fraternal (formerly "Club");
. Merchandise, used and Merchandise, new;
. Murals; and
. Storage Container, temporary;
Lastly, staff has begun creating and inserting graphics for further clarification using the
new design software Sketch up, to emphasize appearance and design objectives and
maximize user-friendliness,
It should be remembered that new or revised terms involving new uses or regulations still
require the adoption of corresponding regulations for full implementation, For some
terms, the presence in the Definitions is only the groundwork for subsequent research and
potential regulations or provisions, For example, the "Accessory Unit" mechanism for
furthering the workforce-housing program is only implemented when the regulations
indicate the zoning districts where such units are allowed, as ultimately to be included in
the use matrix after further research and approval by the Commission,
Summary IRecommen dation
Other draft chapters or sections are proposed to be forwarded for Board and Commission
review in accordance with the proposed Table of Contents (see attached), This document
represents the proposed code format as described above, and includes a draft delivery
schedule located in the right margin, Staff understands this schedule to be conceptual and
flexible depending on the outcome of legal reviews, and unanticipated input from the
Boards, public and Commission, Staff further recommends that the incremental,
reorganized sections/chapters delivered for review be revised as necessary, and then held
for comprehensive adoption, Although the reformatting of the LDR has its benefits as
described herein, it makes it difficult to adopt the new chapters and sections
incrementally due to one section partially replacing, yet still relying upon other sections
of existing regulations, While some chapters such as Definitions and the Zoning Use
Jv1atrix may be adopted apart from the remainder of the LDR, with the adopting
ordinances providing the necessary documentation, other chapters are too connected with
and supported by multiple sections in current regulations to be adopted separately, Staff
will coordinate closely with the City Attorney to ensure that the LDR conversion is
timely, glitch-free, and at minimal cost.
Finally, staff recommends that the accompanying Definitions, and draft Table of Contents
be approved, thereby allowing the continued direction taken to rewrite the city's Land
Development Regulations, Any changes proposed or approved by the Commission will
be incorporated into the document for ultimate ordinance preparation and processing,
MR
Attachments
S\Plann;ng\SHARED\WP\SPECPRO]\LDR Rewnte (200S.2006)iicneral\Defimtlons and update report for Boards - ].20.07revdoc
LDR RE-WRITE
T ABLE OF CONTENTS
(Draft)
DESCRIPTION PLANNED DATE II
Article II, Definitions Group 1
Table of Contents May - June 2007
Chapter 3, Zoning
Article I. Overview
Section I, Definitions of Terms
Section 2. Scope
Section 3, Authority
Section 4, Amendments to Zoning
Section 5, Official Zoning Map
Article II. General Provisions
i[
I Section 1, Use
Section 2, Density
Section 3, Yards / Open Space Group 2
Section 4, Principal Buildings
I Secti on 5, Accessory Buildings June - July 2007
I Section 6, Frontage
Section 7. Relationship to Adopted Plans, Guidelines,
or other Regulations
Section 8. Temporary Buildings
Section 9, Inclusionary Zoning
Article III. Zoning Districts and Overlay Zones
Section I, Residential Districts
Section 2, Commercial Districts
Section 3, Industrial District
Section 4, Planned Districts
Section 5, Mixed-Use (Suburban) District
Section 6, Mixed-Use (Urban) Districts I
Section 7, Miscellaneous Districts
Section 8, Overlay Zones and Districts
IL
April 2, 2007 I
Article IV, Use Regulations
Section ], Operational Performance Standards
Section 2, Hazardous / Toxic Waste and Substances
Section 3, Use Matrix Group 2 (cont)
Section 4, Notes and Restrictions
Section 5, Permitted Uses June - July 2007
Section 6, Conditional Uses I
Section 7, Non-conforming Uses
Section 8, Prohibited Uses
Article V, Minimum Parking Requirements
Section ], Purpose and Intent
Section 2, General Rules
Section 3, Required Parking Calculations, By Use
Section 4, Permanent Reservation of Spaces
I
Article VI. Parking Lot, Vehicular Use Areas, and Loading
Standards
I Section ], Purpose and Intent
Section 2, Location Standards for Parking
Section 3, Parking Lot Design
Section 4, Driveway Openings and Access
Section 5. Fire Lanes
Section 6, Loading Standards
Section 7, Solid Waste Removal (Dumpster Location) Group 3
Section 8, Queuing and Stacking
Section 9, Community Design Plan July - August 2007
AI1icle VII. Lighting Standards I
I
Section ]. Purpose and Intent
Section 2, Interior Lighting Standards
Section 3, Required Exterior Lighting
Section 4, Community Design Plan
Article VIII. Utility and Infrastructure Design Standards
Section 1, Purpose and Intent i
Section 2. Utilities I
Section 3, Sidewalks
Section 4. Streets
Section 5, Alleys
! Section 6, Bridges & Culverts
Section 7, Drainage and Storm Water / Wastewater
April 2, 2007 2
Section 8, Bicycle / Pedestrian Paths II Group 3 (cant)
Section 9, Easements July - August 2007
Chapter 4. Site Development Standards
Article I. Environmental Protection Standards
Section I, Tree Preservation and Protection
Section 2, Excavation and Fill Regulations
Article II. Landscape Design and Buffering Standards
I
Section I, General Requirements i
Section 2, Particular Requirements Group 4
Section 3, Community Design Plan
Section 4, Enforcement August - September
2007
Article III. Site Development Standards
Section I, Purpose & Intent
Section 2, Applicability
Section 3, Exemptions
Section 4, Administration and Interpretation
I Section 5, Appeals (See "Variances")
I Section 6, General Exterior Design
I Section 7. Particular Exterior Design I
;/ Section 8, Community Design Plan I
Ii
Ii AI1icle v, Supplemental Regulations
If
i
I
Section ], Accessory Structure
Section 2. Buffer walls and Fences
Section 3, Flagpoles
Section 4, Helicopter Pads (aka Helistops)
Section 5, Mobil Storage Containers (Pods) Group 5
Section 6, Satellite Dish Antennae I
Section 7, Swimming Pools and Spas September - October
Section 8, Sidewalk Cafes 2007
Section 9, Non-Conforming Regulations
Section 10, Wireless Communication Facilities
Section ]], Sale of Used Merchandise
Section ]2, Exterior Display of Merchandise
Section 13, Exterior Storage of Merchandise
Section] 4, Mailboxes
~-
April 2, 2007 3
Article IV, Sign Standards
Section I, General
Section 2, Exemptions
Section 3, Signs Allowed I
Section 4, Sign Program I
Section 5, Signs Prohibited I
Section 6, Community Design Plan
Section 7, Non-conforming Group 6
Section 8, Variances
Section 9, OfT-premise signs October - November
Article IX. Building, Housing, and Construction Standards 2007
Section I, Purpose
Section 2, Certificate of Occupancy / Completion
Section 3, External Building Regulations
Section 4, Building Standards
Section 5, Flood Damage Prevention Standards
Section 6, Housing Standards
Section 7, Penalties
Chapter 2, Land Development Process
Article L Overview
I
, Section 1, Pre-application Conference
Section 2, Review Process, Generally
Section 3, Development Orders
Article II. Planning and Zoning Division Services
Section I, Annexation Group 7
Section 2, Land Use Amendment / Rezoning November -
Section 3, Master Plan December 2007
Section 4, Master Site Plan (within Mixcd Use Pod) I
Section 5, Site Plan
Section 6. Conditional Use
Section 7, Use Approval (Planned Developments)
Section 8, Height Exception
Section 9, Community Design Plan Appeal
Section 10, Administrative Adjustments (staff only)
Section 11, Variance to Zoning Code
Section 12, Amendments to Zoning Code
Section 13, W ai vel'S
" Section 14, Abandonment and Vacation
Apri12,2007 4
~
Article III. Engineering Division Services
Section] , Platting and Subdivision Review
Section 2, Land Development Permit
Section 3, Construction (Engineering) Plans
Section 4, Rights-of-way Permit
Section 5, Excavation and Grading Permit
Article IV, Building Division Services
Section ], Clearing and Grubbing Permit
Section 2, Building Permit
Section 3, Irrigation Permit
Section 4, Paving, Grading, and Drainage Permit
Article V. Surety Group 7 (cont)
Section I, Purpose November -
Section 2, Applicability December 2007
Section 3, Types of Surety
Section 4, Required Infrastructure Improvements
Article VI. Occupational License
Section I. Special Events
I
Article VII, Fees I
Section ], Application Fees
I
II Section 2. Impact fees
.1 Section 3, Other fees
I Section 4, Payment Procedure
! Section 5, Credit
I
Section 6, Land Donation
'I Chapter] . Planning
Article I. General Provisions
! Group 8
Section I, In General
Section 2, Purpose December 2007 -
Section 3, Designation and Citation January 2008
Section 4, Catch Lines
I Section 5, Repeal
Section 6, Severability
Section 7, Penalties
Ii Section 8, Law Enforcement Education
April 2, 2007 5
Section 9, Ordinances not Affected by Regulation
Section 10, Ordinances; city laws and codification
Article III, Relationship to Comprehensive Plan
Section 1, Authority
Section 2, Purpose and Intent
Section 3, Adoption
Section 4, Preemption
Section 5, Future Land Use Map (FLUM)
Article IV, Redevelopment Plans
Section I, Federal Highway Community Corridor
Redevelopment Plan
I Section 2, Heart of Boynton Master Plans & Schematic
Designs Group 8 (cont)
! Section 3, Ocean District Community Redevelopment
Plan December 2007 -
Section 4. Boynton Bcach Boulevard Corridor Plan January 2008
Article V, Concurrency Managcment System
Section 1, Authority
Section 2, Purpose and Intent
Section 3. Applicability
Section 4, Adopted Levels of Service
Section 5, Service Availability
Section 6, Administration
Section 7, Concurrency Certification - Overview
Section 8, Adequate Public Facilities (APF) Review
Section 9, Concurrency relationship with Development
Orders
Section 10, Certification of concurrency / exemption upon
request
Article VI. Decision Making and Administrative Bodies
Section ], City Commission
Section 2, Advisory Boards and Agencies
Section 3, Staff
Article VII. Due Process and Quasi-Judicial Hearings
Section ], Overview
Section 2, Notice of Intent
Section 3, Appeals of Administrative Dccisions
s \PlanlllnglZonlng Code UpdatelLDR Revmte\PartIlJ\ChaptersITable ofCOnlen\sIFlIlal\TOC Tlrnelllle doc
Apri12,2007 6
DEFINITIONS
Terms in this cha ter shall have the followin definitions if not reviousl acce ted
ursuant to the Unabrid ed Dictiona of the En lish Lan ua e. Su lemental definitions for
s ecific technical terms should be defined at the reference location at which the first a ear in
this cha ter. If a contlict exists in tenus of the su lementa! definitions with these definitions
the s ecific definition for the s ecific a":licable condition shall a;~I~. .:~::':~:::",,:'~.:
sc h ells '01 'un:; thervnse spec 0 IA 1 SA,
~~i~:~I; s~a;;~~:~;~:~~~~:~~:~=~h:I~:~;7;~;'~: ~=~
~,
Sectian 2. Rules af construction.
:::.::, Ct';,.":::~=~ ~ ~:;; f ,:;;::~::;::,~~ lord in""ces, the following III I es shull be observes,
;. ~~=INITIONS. I'.'hen "'ed in this scction, the [ollowing tems shall have the following
meanmgs,
:: ~1o::=o:: :::~~nd :~::' :~: :~~: ~~s ~'::':::;:;:; ~~:€ the meanings
ascribed to them, except v..her~ the conte~~ ~~~a " i ~tc ' t ':
2. Defini ti ons. for the P",!,os. 0 [ thi s ordi nance, the fa II owi ng de fini ti on, ,hull app I)"
Section 2, Definitions.
As used in this article, the folJo.,ving 'Nords and terms shall have the meaning ascribed therets:
~=Sc :~:: :t:~:';:~;; t~::~~==::. the meaning thcy have in common "sage
and to gi\:e this arti~k its most rca~onabi~ ~~ l~ ' ,
:::; ~:::~~: ^ '~:-:: ~:;:;;:~' ,^, :~:=::if~::~
::~f~~':=tdo~~;;::~~ ~~:~~;n;'~;:::nr~i::t::,o:::; ;:;7t~::; ~ c
2, Definition, ,,\ "planned commercial development":
:~~~i=S=::::~1=~~=::f":::::=:~~;i;~::~::
~::':::: ::;::' :'.:~t ~~:~:;t:: :::;i::; ~:::: :~~
:j:::7~::~,,:~~:::::r::i~~~=:s;" . ; n 'S f to,
~~il~:~:::'~e~O::':: ::.:~~~::,': ::~:~:~~n:l;;:'rs a~rs::~~:~::~:~:,;:=
April 3, 2007
1
~~~::::' =::~' :"e~::,,_~ related to one a:,;,::::: detailed plans fur other 05es
aHEllffiflf8veffieHts 8H the land related to the buIl ;
:, :::: a =~= :~ :'.:1 provisioA, maimeAanee, aAd 0= o[ :e: =
~=::~':;;,~7'~::taoo ;."y;ces fo, eom"'OA use by th; o~~ _ 6 t-. I
B. DEFfl'JITION, A "planned industrial development":
~. ;:':::=:AU:::a =~~~J::,oo and :::I:~:: : ::;;;~:: =:~
~e;'~;;:::;:~~~:i: ~ ~~roVed progr";;;a:~ s . . u\ 0 m p "0 _ _
IHfh::lstflall3l:uldlHgs aHEl felatod uses and facIlItIes;
~. ::v:;:: :: :::~:} ~:~i~~ ~: efficient and haffil:::: ~Si;:: : :'";::::
::::: :: :::: ~~:eh~adiIYintegr"ted wi;;; ~:~ ' - _. . _ s e .. <>-
aElj81HIHg 8f SHff8HHElmg areas and developments;
~. ~: ~e:~p~ae:.::i~ ::: co"'p,eheAsive aoo d:,~ ~::~m :=~' ::~:=' ::
::i~:::.t:;~:::c~;:, ~:~~:"~I:;;::;:S=;;:'i= ~~:"~:~:;~~:~;':~~~:
::~=v= :~h: ::': ~elated to the build:;~:; =
~. ::::::: a :~~:~' full provisioA, ",aiAteAanee, and o.:;::n ~::;~rea:
~':==~, ::it~~ ~~::,ices fu, co"',:,;: ~: ~:p~:;~ _ u _~ m _ ,~-!
wIll H8t be flf8vlEleEl, 8flerated or mamtamod a be.
0) For purposes of this subsection, the follm,,'ing definitions shall be applicable:
~:~~~~~~ ~~;:~~~h:h:;;:~;~~;~e:uO;;::t\:::::;i::tl~::tiVitY, whe,e
ACCESS - The principal or secondary means of ingress and egress to a lot from a dedicated
publicly or privately dedicatee right-of-way.
ACCESS W A TERW A YS - A watenvay which is developed or constructed for the purpose of
providing access by water to lots within a subdivision,
ACCESS WAY - A non-dedicated area which is em1itted for in ess or earess of vehicles or
pedestrians.
Apn13,2007
2
ACCESSORY BUILDING OR STRUCTURE - A detached, subordinate building, the use of
which is clearly incidental and related to that of the principal building or use of the land, and
which is located on the same lot as that of the principal building or use, Additional design
recommendations and / or standards may be applied to the accessory building or structure,
ACCESSORY USE - See "USE, ACCESSORY".
~~;~~~ ~~~ A ccessar}' NSe . A use incidental te, subenlinat; :~' a:;;:;;:;:: to tho
malA Hse eftflc property. ,A,S defined m this sectlOn, an accessory us [l ,
ACRE - Land or water consisting offorty-three thousand five hundred sixty (43.560) square feet.
ADDITION - Addition An expansion. extension, or increase in the usable space within a
building or facility.
ADEQUA TE PUBLIC FACILITIES - Public facilities available to serve a development project
so as to meet the levels of service and the conditions set forth in the concurrency regulations,
Chapter 1.5,
ADEQUATE SCREENING - To conceal from public view, materials on private property, with a
p hysical screen structure made 0 f one 0 r more 0 f the foil owi ng: dense landsca~e m atcrialcmetal,
woodLor masonry, Said structure shall meet the requirement~ of the Standar Building ode,
ADUL T ENTERTAINMENT ESTl'..BLISHMENT - An establishment that commercial
enterprise wffi€fl predominately limits admission to "adults only" owing to the sexual nature of its
merchandise or entertainment. Such establishments may include, but not be limited to, adult
bookstores, adult theatres, adult lounges, adult health studios, adult motels, adult ef hotels, or the
like with nude, bottomlessLor topless entertainment or employees,
; =T~:~ s~: ~::~~~~!~NS) /\ oign structure erected or inte~~:: ~v:i:n~
=0;:::;- with or wit~out ~\'ertisCfflem disrlu)' t"ereon, situated ,~~ tm "., ~
AFFECTED PARTIES - Includes persons owning property or persons owning or operating a
business within the boundaries of the City ofBovnton Beach \\'hose development application or
application for a permit or license is pending,
AFFORDABILITY CONTROLS - Restrictions placed on Workforce Housing Units by which
the rice of such units and/or the income of the urchaser or lessee will be restricted in order to
ensure that the units remain affordable to low and moderate income households,
April 3, 2007
3
AFFORDABILITY TERM - The time a workforce housin unit is re uired to remain
affordable to income qualified buyers or renters,
AISLE - The hard-surfaced lanes in a parking lot which connect the parking stalls with a public
or private street, alley or interior driveway,
ALLEY - A ri ht-of-wa rovidin a seconda means of access and service to abuttin
property. A right of v.'a)' affording secondary acce~s to property, It is not intended or used for
general traffic circulation.
ALTERi~..TION ,1ftcratiol'l Any change or modification in construction.
AL TERA TION~ ENVIRONMENTAL Y SENSITIVE LANDS _ A. ,^.lteration: Any
activity which results in the modification, variation or transformation of environmentally sensitive
lands, including but not limited to placement of vehicles, structures, debris, or any other material
objects thereon, introduction or injection ofwater or other substance, and removal, displacement
or disturbance of plant or animal species, soil, rock, minerals or water.
AL TERA TIONS, BUILDING - Any change in the structure which will increase the number of
useable units, the floor area or height of the structure,
~:~~~~~:~ :.':;:~~ ': commercial e'taoli'"meR! C:,~:i:; :::~;~~ :: more ,idee
gaffimg, J3mball, Sf Slffillar player operated amusement deVIce, c I . t H,
ANCILLARY BUILDING OR STRUCTURE - See "ACCESSORY BUILDING OR
STRUCTURE", ; ~~;~~: ~~ ~~t::e tncidental to, subordinate to and subservient to th~
principal building or structure located on the premises,
ANCILLARY USE - See "USE, ACCESSORY" A use incidental to, subordinate to and
subservient to the principal use of the premises,
AND / OR - "And" ma be read "or" and "or" ma be read "and" if the sense Te uires it.
A :~~~ :: ~: :~==:: ~~ ': sign \'.'hich uses devicos to generate movement by
~;ther m:Xhanical, electrical or natural methods,
communications, T
antennas sectonzed . anel antennas multi or si",;;'e ba~ ~FM & TV)~~a:~ or ~~aboIiC ~dis~
antennas ~;=~;: ~~''!l~ ~~'Ice a..",o;;::~:::~=]~~~s:;;~':;c~
::~~~:s i;::,=ec=~~~~~t~~~E~]:R~~~a~. ;~~~:~~;::: ::i::;.:f~~~
:t=:~ ~m~t~~r ~~ :~e~s ::; s~t~~te earth statieHs.
ANTENNA ARRAY - A sin Ie or ou of antenna elements and associated mauntin hardware
transmission lines or other a urtenances which share a common attachment device such as a
Apnl 3, 2007
4
mountin frame or mountin ort structure for the sole u ose of transmit tin or receI VIO
electromagnetic waves,
ANTENNA ELEMENT - Any antenna or antenna array,
osed of metal or other
LATTICE- A ta ered st Ie of antenna su art structure that consists of vertical and
horizontal su orts with multi Ie Ie sand cross-bracin and metal crossed stri s or bars..
MONOPOLE- A st Ie of freestandin antenna su ort structure consistin of a sin Ie
shaft usuall ! com osed of two or more hollow sections without u wires and the like or
in the ground or on a building's roof.
ANTENNA COMBINED - An antenna or an antenna arra desi cd and utilized to rovide
services for more than one I wireless rovider for the same or similar t e of services,
ANTIQUE STORE or AUCTION HOUSE - See "MERCHANDISE~ USED" :~~ ~~ ~~a
~:~~g- ~r ~re :al~-"'~ ": == :~cc~ ~: :~~ue ::: : ::::::':::' a: :~~
::..~~~ t::::;i': :~t;'~hm::haRdise-;;'~ r - ' "i - - - . pia _ _ I
APARTMENT - - See "DWELLING: MULTI-F AMIL Y" ~ r:~e~:' a :~e of :~7~":::T.'~ :'
~::: : '=:: ~r :::=: :: :: ~~~' as 'Re ROI e 00 of J I d _I a ,
family or household, for housekeeping p~~~ e;,
APARTMENT, EFFICIENCY - A dwolling residential unit consisting of one (I) room, other
than a bathroom, and providing cooking facilities,
APPLICA..NT .see "Developer."
as an
owner.
April 3, 2007
5
~~::~~~D AfJ/Jro".'cd means approved by the development director or other authority having
ARCADE, AMUSEMENT - See "ENTERTAINMENT, INDOOR"
ARCADE, PEDESTRIAN - A assa e or walkwa ! covered over b ' a succession of arches or
vaults connectin two buildin s or su orted b stand-alone columns on one or both sides, It also
more commonl describes a roof-like structure 0 en to the weather on one 1 or more sides
constructed ofri id materials which are cantilevered from the exterior buildin wall to rovide a
covered walkway for the public along small shoos. vendors and lor offices. ~=t, ~:'~
::~ ::~:~~~~:he ,,:eather on 08e (I) or ;;;o~e sides, CO"'tru~:~ ~;;: ~:::~' :;i:
:~~~~~:':~:~<;::~ b~~I~I~: wall, a~taehed to and supported b) t If',' I
SHJ3J38ftes BY fi:eestaRsmg columns or pIllars,
AREA OF SHALLO\V FLOODING - See "FLOOD, AREA OF SHALLOW FLOODING",
AREA OF SPECIAL FLOOD HAZARD ~ See "FLOOD, SPECIAL HAZARD AREA",
ART, ARTWORK OR WORKS OF ART - Tangible creations by artists exhibiting the highest
quality of skill and aesthetic rinci les and includes all forms of the visual arts conceived in an ,
medium, material, or combination thereof, including, but not limited to, paintings, sculptures,
engravin s carvin s frescos stained lass mosaics mobiles ta estries murals hoto~ a~hs
video proiections,Aigital images, bas-relief, high relief, fountains, kinetics, collages, drawings,
monuments erected to commemorate a person or an event, functional furnishings, such as artist
desi led seatin and avers uni ue or ori inal architectural elements and artist desi ed
landforms or landsca e elements, The followin shall not be considered artwork or works of art
for u oses of this cha ter: I re roductions or unlimited co ies of ori inal artwork 2 art
ob 'ects which are mass- roduced and 3 works that are decorative ornamental or functional
elements of the architecture or landscape design, except when commissioned from an artist or
designed as an integral aspect of a structure or site,
ART, BOOK, CRAFT, HOBBY, MUSIC, SPORTING GOOD, & TOY STORE _
Establishments that retail and provide expertise on the use of sporting equipment (such as a
bicycle or dive sho s or other s ecific leisure activities such as needlework and musical
instruments but excluding the sale of ammunition or firearms as a principal use, Sporting goods
April 3, 2007
6
stores ma retail ammunition and / or firearms as an accesso
en a ed in retailin new seWIn su lies fabrics attems ams and other needlework
accessories or retailing these products in combination with selling new sewing machines, This
use also includes establishments that are primarily engaged in displaying works of art for retail
sale in art galleries,
A ~~~~~~~ ~O,A..D OR STREET A route providing service \'I'hich is relatively continuous
~~ of rd a;; vel)' high 'raffic yolHme, IOfig average ,rip length, high opera'::; =:' ~ ~
~~Ii~~ 'mportance. In addl'Io", every Um'ed States numhered lughwa)' IS a. ,_1 r , :::
every stree' shown or descriBed as arterial accord;fig to the eHrreRt or mp~:' r::~~~,,:
~~:~~at~~~ c~~tal~ed In the Clt)' of BO)11ton Boach Comprehensive, a
ameRaed, IS an arterIal.
ARTIST OR PROFESSIONAL ARTIST - A practitioner in the visual arts, generally
reco ized b critics and eers as a rofessional of serious intent and abilit . Indications of a
erson's status as a rofessional artist include but are not limited to income realized throu h the
sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public
institutions or museums, receipt of honors and awards, and training in the arts,
ARTS COMMISSION means the - The advisory board established by the City Commission
pursuant to Ordinance 01-64,
~ ~~:~~!= COMPETITIONS An)' amateur and professional cheorleading, dance and
g;"';"';;'i<S event, or an)' _a'eHr or pro fOGsi onal even', which; n vo I v os ph)'sical c:t:~~
;:,~~rt~~~~~~~ ~O\:ldod the ~vont IS a sporting c'.'cnt recogmzcd as :~ O;;~; :
tlt'llted .states OlympiC Committee,
AUTO / CAR WASH (POLISHING, \V AXING, DETAILING) - Establishments providing
for the cleaning of private automobiles, recreational vehicles (personal watercraft), or other light
duty equipment through manual detailing and / or mechanical resources,
AUTO / CAR WASH (SELF-SERVE BA Y)- An establishment where washing, drying,
olishin or vacuumin of a assen er automobile or marine vessel is erformed b 'the dri ver or
the occupant. This use is not intended to serve a commercial or industrial fleet.
AUTO DEALER, NEW - An establishment primarily engaged in retailing new automobiles,
motorcycles, and light trucks; such as sport utility vehicles, passenger, and cargo vans.
AUTO DEALER, USED - An establishment primarily engaged in retailing used automobiles,
motorcycles, and light trucks; such as sport utility vehicles, passenger, and cargo vans,
AUTO PA.RTS S,'\LES (RETA.IL) Sale of auto parts from a commercial establishment for
installation and use off premises,
AUTOMOBILE - An automobile, ef motorcycle, or the like as defined by the rules of the Florida
Department of Highway Safety and Motor Vehicles,
April 3, 2007
7
AUTOMOBILE RENTAL ~ An establishment Establishments primarily engaged in renting
passenger new ~ automobiles, which includes Ii ght trucks, sport utility vehicles, motorcYcles,
and passenger vans 'Nithout drivers on a short term basis, This tenn excludes those
establishments engaged in passenger car retail auto dealing and leasing (long-term basis) and taxi
and limousine services (short-term basis),
AUTOMOTIVE. MAJOR REPAIR- An establishment primarily engaged in minor automotive
re air services as well as com lete en ine overhaul and I or re lacement of internal arts of
en ines, Also included is the re air of an ortion of the drive mechanism bod and fender
work, upholstering, painting and customizing,
AUTOMOTIVE. MINOR REPAIR - Auto:noti...,c Repairs (,~,lill()r). An establishment primarily
en a ed in minor automotive re air services such as oil chan e lubrication en ine tune-u
carburetor re airs tire mountin and balancin and the re lacement and / or re air of external
~arts of en~ines. ~f()~'id~:~Plnceftlent or ree.irs to aut~motiY~ tires. :a;;r~~' :~5"~~~
:i~te:!::~;:~~~~~:, :~~ges, :,e.irs to ai; conditienin; no~ ;;;,:~ "~'t:':;'-:~:i
:~~~e ~~ ~~~:~s ~~~~~~ ~cludmg engme overhaul and'! replace ent I J3
engines, body and fender worle, painting and customizing,
AUTOMOTIVE PARTS STORE - An establishment primarily engaged in the retail sales of
new auto arts and accessories, Sale of auto arts from a commercial establishment for
installation and use off-premises.
: ~~~~,"I}~E SERVICE STATION The use of . building or other s~ruclure, on a lot or
p~rcel ~f land ~'hich includes any retail sale of gasoline or other mot~; f~~; ,
AUTOMOTIVE WINDO\V TINTING I STEREO INST ALLA TION / ALARMS _ An
establislunent rimaril en a ed in tintin automotive vehicles such as assen er cars trucks
and vans, The ma also include establishments that are rimaril en aaed in retailin and
installing automotive accessories, such as stereos and alarm systems,
A \VNING - A structure made of cloth or metal with a metal frame attached to a building, when
the same is so erected as to pennit its being raised to a position flat against the building when not
muse,
April 3, 2007
8
BAKERY. COMMERCIAL - An establishment primarily engaged in the manufacturing of
bread and other bakery products,
BALLOON - A container made of non-rigid material filled with air or gas and designed to be
tethered,
BANK AND FINANCIAL OFFICE- A financial institution that is open to the public and
engaged in deposit banking, and that performs closely related functions such as making loans,
investments, and fiduciarv activities,
BANNER - A sign having the characters, letters, illustrations or ornamentations applied to cloth,
paper, film or fabric of any kind, with only such materials for a backing,
BAR AND NIGHTCLUB - Any licensed premises that is devoted predominately or totally, to
the serving of alcoholic and I or intoxicating beverages or any combination thereof, for
consumption at the licensed establishment. Leisurely dancing may occur or patrons may be
entertained by live or recorded performers who dance, sing, play instruments, or perform other
acts of entertainment (excluding adult entertainment). The service of food may be incidental to
the service of the aforementioned beverages, activities, and entertainment. These establishments
are known as but are not limited to the following: bars, cigar bars, cabarets, cocktail lounges,
comedy clubs, dance clubs, discotheques, night clubs, piano bars, pubs, and saloons,
R\R OR COCKTAIL LOUNCE /..n establishment devoted primarily to the serving Onreel',
'.vine, or liquor, or any combination thereof, for on site consumption, The service offood shall be
incidental to the service of alcoholic beverages,
BASE FLOOD - See "FLOOD, BASE",
BASE STATION (GROUND EQUIPMENT)- The electronic equipment utilized bv the
wireless providers for the transmission and reception of radio signals,
BED AND BREAKFAST - A private owner occupied residence having more than three (3) and
less than ten 10 uest units which are subordinate and incidental to the main residential use of
the building, in conformance with the prescribed regulations as outlined in the Land Development
Regulations,
BEER 'VINE & LI UOR STORE - An establishment rimaril en a ed in retailin acka ed
alcoholic beverages, such as ale, beer, wine, and liquor. Thevare limited to off-site consumption,
Package liquor store is an establishment v.'here ;lcoholic beverages are dispensed or sold in
sealed containers for consumption off the premises,
BENCHMARK - A relatively permanent material obiect, natural or artificial, bearing a marked
point whose elevation above or below an adopted datum plane is known,
BETTERMENT PLAN OR AL TERNA TIVE COMPLIANCE- A proper landscape plan that
demonstrates that an improvement or bettemlent of the environment can be accomplished over
the existing site conditions if such landscape plan is carried out to its fullest. Such a plan is
submitted and reviewed to meet or exceed the intent of the City's landscape regulations,
Apn13,2007
9
BEVERAGE MFG - An establishment primarily engaged in one or more of the following: (1)
manufacturing soft drinks, tea, and coffee; (2) manufacturing ice; and (3) purifying and bottling
water. Distilling and / or brewing is prohibited,
BICYCLE PATH - Any road, path or way that is open to bicycle travel, which road, path or way
is physically separated from motorized vehicular traffic by an open space or by a barrier and is
located either within the highway right-of-way or within an independent right-of-way,
BILLBOARD - Signs or framework installed for the purpose of advertising or communicating
either commercial or noncommercial messages that refer to something other than the name,
primary character,-.and/or purpose of the establishment or business on the premises \vhere the sign
is located,
BILLI:\RD HALL /. commercial establishment containing more than t\'.'o (2) pool or billiard
tables for the use of patrons.
BLOCK - Includes Tier or GroulJ and means a group of lots existing within well-defined and
fixed boundaries, usually being an area surrounded by streets, parks or other physical barriers and
public space, having an assigned number, letter, or other name through which it may be identified,
A parcel of land surrounded by streets, '.vatef\vays, railroad rights of 'Nay, parks ~r other public
~
BOARD - "Board"; Board means any board appointed by the City, such as the Planning and
Development Board, Board shall mean the planning and development board of the City of
Boynton Beach.
BOARDINC ,A..ND ROOMINC HOUSE f. building other than hotel or motel providing
lodging and where meals arc or are not served for compensation,
BOA T DEALER / RENTAL - An establishment primarily engaged in ( 1 ) retailing new and / or
used boats, (2) retailing new boats and selling replacement parts and accessories, (3), renting
boats, or ( 4) a yacht brokerage business, including the display and temporary storage of boats on-
site (customarily incidental to the principal use ). A yacht broker that exclusively displays / stores
boats off-site would be considered an office use, A boat dealer / rental excludes the repair or
service of vessels on the premises
BOA T REPAIR - A facility where boats are repaired, serviced, customized, or detailed,
BOA TEL Yachte1.
BOL T THROW - Bolt :hrm, is the The distance from the lock front surface to the farthest
proiected point on the bolt or latch at the center line when subiected to end pressure,
BO\VLINC ;\LLEY /\ commercial establishment that devotes more than fifty percent (50%) of
its gross floor area to bowling lanes, equipment and ancillary public areas,
April 3, 2007
10
BOYNTON BEACH HOUSING TRUST - A trust created as a depository for in-lieu of
a ents donated land or housin units for the u ose of rovidin Workforce Housin Units,
BREAKPOINT TECHNOLOGY - The engineering design of a monopole wherein a specified
oint on the mono ole is desi ed to have stresses concentrated so that the oint is at least five
ercent more susce tible to failure than an 'other oint alon the mono ole so that in the event of
a structural failure of the monopole, the failure will occur at the breakpoint rather than at the base
plate, anchor bolts, or any other point on the monopole,
BREAKA\VAY WALL- A wall that is not art of the structural su ort of
the buildin and is intended to colla se without causin dama e to the elevated ortion of the
building or the foundation system,
BRIDGE - A structure, including supports, erected over a depression or an obstruction, such as
water or a highway or railway, and having a track or passage-way for carrying traffic as defined in
the Florida State Statues chapter 316 or other moving loads,
BUFFER WALL - A stuccoed and painted masonry wall or an engineered pre-cast concrete wall
used to physically separate or screen a residential one use or property from a non-residential
property another so as to visually shield or block noise, lights, or other nuisances, Finish on both
sides of wall must be approved by the Director of Planning and Zoning,
BUILDABLE AREA - }3uildablc area: "Buildable area" shall be defined to mean that That
ortion of a buildin~ site exclusive of the re uired ard areas on which a structure or buildin
improvements may be erected,
BUILDING - All construction built fo~ tfle SUP~?rt, enclosure, sbelter or protecti~n r::; :=
=' ::a:::::~: ~~: :;,,",:d "Hlldlng 'Hall mclHde tHe word "~= :: =::
:=:,,"o:,~l<lfngcr~~I~_ :~;: r;u~:~;J:~;'o:n::'~~:::i:~~~ :~;I~~~H/ ;;'n:~i~~~~,,:~ .:;;
~::,:;,:: ~;;,,~~:: ~n CHaplor 2 of tlte C i Ii 5 Land De,e lopmenl R~~~i;;;io~:
:~J~~I~~~ :~~s a~)' ,structure that encloses space and is used or built for the shelter or
enclesl:lre sf persons, busmesses, chattel or property.
Apnl 3, 2007
11
BUILDINC ,'t..REA The portion of a lot remaining after the required setbacks have been
provided. Buildings may be placed in any part of the building area, but limitations on the
percentage of the lot which may be covered by buildings may require open space within the
building area.
BUILDING FACADE - That portion of the exterior elevations of a building extending from
grade to the top of the parapet wall or eaves and the entire width of the building elevations,
Rat Roof Parapet Roof Mansard Roof Gable/hip roof
BUILDING FRONT AGE - The main entrance side of a building or bay,
BUILDING OFFICIAL - The official (or authorized representative) responsible for the
interpretation and administration of the City's Building Code. The official in charge of the
Building Di'.'ision or his authorized representative,
BUILDING SETBACK LINE - A line delineating the minimum required allmvable distance
bet\veen tfie each property line and the building.
Front Setback Line '\ Rear Setback Line ~
Property Line \
Side Setback Line
Apnl 3, 2007
12
BUILDING SITE - A portion or parcel of land considered as a unit, devoted to a certain use or
occupied by a building or group ofbuildings that are united by a common interest or use, and the
customary accessories and open spaces belonging to the same,
BUILDING / STRUCTURE HEIGHT - The vertical distance in feet measured from the lowest
point at the property line of an adjacent property or from the minimum base flood elevation as
established by FEMA, whichever is highest, to the highest point of the roof for flat roofs, to the
deck line for parapet roofs with parapets less than five (5) feet in height. Gable, mansard, and hip
roof heights shaIl be measured to the midpoint between the eaves and the ridge, Rooftop
penthouses, stairwells mechanical and electrical equipment shaIl be concealed by or constructed
of exterior architectural materials or features of the same type or quality used on the exterior walls
of the main building and may only exceed the maximum building height pursuant to the
provisions of Chapter 2, Section 4,F. of the Land Development Regulations, City of Boynton
Beach Florida. WaIls or retaining walls shaIl also be measured from the lowest adjacent property
line to the to of the structure excluding column caps column capitals and other similar
architectural items.
To roof high point" To decklrne when " Midpoint betwe<!n ~
\ parapet less than 5' \ eaves and ndge
\ \
\ \
... \
u._ ~
I
\
Max. Height
I
I
I
.L._.._
Flat Roof Parapet Roof Mansard Roof Gable/hip roof
BUILDING, PRINCIPAL - A building wherein which is conducted the main or principal use of
the lot on '.vhich said building is conducted situated,
BULK STORACE, S.A..LE, OR DISTRIBUTION The receiving, transfer or storage of
unpackaged goods or materials at a premises, or the subsequent sale or transfer of such goods or
materials from the premises in a packaged or unpackaged form. Also, the storage, receiving or
transfer of goods, commodities or materials in units v.'hich are larger than the units '....hich are
typicaIly distributed or sold from the premises, Where bulk storage is not permitted, all goods,
commodities or materials shall be pre packaged when received at the premises and shall be
stored, sold and distributed in the same form, quantity and units as "...hen received at the premises.
BURCL\R RESIST ANT ].\fA. TERIAL Burf?!ar resistant materia! means framed glass or
glass like materials that can \vithstand the impact of a five pound steel ball dropped from a hei~ht
of forty (10) feet and five (5) impacts from a height often (10) feet concentr;t~d '.vithin a fi e
inch diameter area of the surface \vithout release from frame. Tested in accordance with UL 72
~,
April 3, 2007
]3
~~~ ~ENCH SICN A bench or seat with graphics, symbols and/or copy affixed against any
surface,
BUS SHEL TER SICN Graphics, symbols and/or copy affixed to any surface ofa public transit
shelter.
:~~~~~~ ?~F!CE AHY commercia] activity primarily COR"ucted in ilH office, Hot iRY~Y~::;:
the sak of goods or commodi lies a vai la"]e in ilfl 0 ffi ce and not di 'pensing pc"on:1 ~i~;, ::;
I:~l~~~~g s=~~~ b~u:messes a,s real es!ate brokers" m~urance offices, accountants, cre re rt
ageA€ICS, telephone answenng services or any Similar uses,
BUSINESS OR PROFFESIONAL OFFICE - An establishment that conducts administrative
and / or professional functions that serve internal operations and / or customers or clients,
involving accounting, consulting, design, legal, research, scientific, technical, or other similar
professional or administrative functions.
BUSINESS TAX OCCUPATIONAL LICENSE - A tax levied for the privilege license to
operate a business, profession, occupation or other operation within the city limits, which is
issued in accordance with Chapter 13 of the City's of Boynton Beach Code of Ordinances,
CALIPER - A point on a tree used as part of the accepted method of measurement of the
thickness of a tree trunk, as defined in the Florida Grades and Standards Manual. The
measurement is taken at 6 inches from the ground, unless trunk diameter measured six (6) inches
from the ground is greater than 4 inches, in which case the measurement is taken at twelve (I2)
inches from the ground,
CANOPY - A structure, other than an awning, made of cloth or metal with metal frames attached
to a building, and carried by a frame supported by the ground, ~sidewalk or building,
CAPITAL IMPROVEMENTS ELEMENT QR{CIE1- The capital improvements eIementof
the comprehensive plan of the City etty,
CARPET AND UPHOLSTERY CLEANING - An etablishment primarily engaged in cleaning
and / or dyeing used rugs, carpets, and upholstery,
April 3, 2007
14
CARPORT - A roofed area open on one (1), two (2) or three (3) sides and attached to the main
building, for the storage of one (1) or more vehicles,
CAR - See "AUTOMOBILE".
CAR RENTAL - See "AUTOMOBILE RENTAL",
CAR WASH - See "A UTO / CAR WASH",
~~: : ~~: ~~~~f' ~ ~ SELF SERVICE) A "Hi:;':: :~:~\= ::~~:::.~
~: ~i~~~s f~;:~:: ~~ ~k.ning motor vchicles, whi;;: m.; u:.;;~;":: ':~~:':~ ,:
€8H';eyor, 1318'::ef 8r other mechanIcal dcvIces, and WhICh may c C fl .
CA TERER - An establishment primarily engaged in providing single event-based food services,
These establishments enerall have e ui ment and vehicles used to re are and trans ort meals
and/or snacks to events and/or prepare food at an off-premise site, Banquet halls with catering
staff are included in this indust , Unless s ecificall rovided for within these re ulations on
site consumption and/or take-out service is not a permitted accessorv use.
CEMETERY - An establishment that is primarily engaged in operating site(s) or structure(s)
reserved for the interment of human or animal remains,
CENTERLINE - A line midway between the right-of-way lines or the surveyed and prescribed
centerline established by the ci ty engineer, which mayor may not be the line midway between the
existing or proposed right-of-way lines,
CERTIFICA TE OF CONFORMANCE - Certification issued by the Development Director or
designee that a arcel buildin and/or site im rovements made non-conformin due to actions of
a ovemmental entit shall be deemed to conform u on the issuance of a Certificate of
Conformity as outlined in the Land Development Regulations.
CERTIFICATE OF OCCUPANCY - A statement signed by the city development director
setting forth that a building or structure legally complies with the City of Boynton Beach Building
and Zoning Codes and that the same may be used for the pUrposes stated therein,
April 3. 2007
]5
CERTIFICA TION OF CONCURRENCY - Shall constitute proof Proof that public facilities
are or will be available, consistent with the adopted levels of service and the conditions set forth
in the Land Development Regulations Chapter 1.5, and shall specify the public facilities which
are to be constructed, timing of construction and responsibility for construction, Certification of
concurrency shall reserve capacity in the public facilities which are available, until the
certification of concurrency expires,
CERTIFIED DOCUMENTS - Drawings, estimates, warranties, etc, certified signed and sealed
by a Florida registered architect, engineer and/or land surveyor guaranteeing that the documents
are true, accurate and in compliance with all applicable laws, rules and regulations,
CH,A..NCEABLE COpy SICN ,\ sign of permanent character, but with removable letters,
'Nords or numerals, indicating the names or persons associated with, or events conducted upon,
the premises upon which a sign is erected, This sign may be erected as a part of a freestanding
Stgft:
CHECK CASHING - A person or business that for compensation engages, in whole or in part,
in the business of cashing checks, warrants, drafts, money orders, or other commercial paper
serving the same purpose, This use does not include a state or federally chartered bank, savings
association, credit union, or industrial loan company,
CHICKEE HUT - See "OPEN-AIR P A VILLION",
CHILD - An unmarried person under the age of eighteen (18) years.
CHILD CARE F,\CILITY Child care facility An establishment that provides care, protection
and supervision for children on a rcgular basis away from their primary residence for less than
t\venty four (2 -1) hours per day, The term docs not include facilities operated in conjunction with
an omplo)ment use or other principal activity, "",here children are cared for while parents or
custodians are occupied on the premises or in the immediate ';icinity,
CHURCH - Also known as a place of worship, is a building or group of buildings wherein
persons regularly assemble for religious worship and related activities, Day care centers, primary
and secondary schools, seminaries, and colleges and universities shall not be construed to be an
accessory use to a church,
CITY - The City of Boynton Beach, a municipality established in the County of Palm Beach,
State of Florida to be a political corporation under the name of City of Boynton Beach pursuant to
the laws of Florida, The City of BO)l1ton Beach, Florida,
CITY COMMISSION - City Counci!,I Commission, Whenever the words "City Commission"
are used, they shall be construed to mean the City Commission of the City of Boynton Beach,
CITY ENGINEER - A Florida licensed professional engineer in charge of the City ofBovnton
Beach, Department of Public Works/Engineering Division, and who acts as the administrative
officer for the purposes of implementing the City's platting requirements, A Florida registered
engineer in charge of the Boynton Beach Engineering Division,
April 3, 2007
16
CITY INPSECTOR - The erson s desi ated b a cit administrator to ins ect im rovements
a buslncss, or ~o~erty/or compliance with the City's regulations. City ins~;~g .T:: ~
~~~~~~~~: ~~~ ~~r~? designated by the city manager to e~force the City'~ C~ rdi n
f3Fe'/ISleHS of thIS artIcle.
CITY STANDARDS - Standards adopted by resolution by the City of Boynton Beach,
CITY STREET SYSTEM - The City ei-ty street system of each municipality consists consisting
of all local roads within that municipality, and all collector roads inside the City of Bovnton
Beach that municipality, which are not in the State of Florida or Palm Beach County county road
system,
CITY SURVEYOR AND MAPPER - A Florida licensed professional surveyor and mapper,
under contract or employment with the City of Bovnton Beach, Florida in accordance with 9,
177,081 (1) Fla, Stat., as amended from time to time,
:.:~~~ C An establishment '.v here patients, who arc not lodged o'/emight except fDr observation
~:;:~:gc::' :~~~~~nt, arc admitted for examination and treatment by one (1) person or group of
persons practicing any furm of healing or health huilding services to indi\'idual:, ::~:: :~:
~:~~~: h~ lRedlcal doctors, chlfopractors, osteopaths, ChIropodISts, natur:::~:h".' ":;:;'''~;~::'
eentIsts, vetennanans or any such profeSSIOn, the practIce of \vhIch IS 1. I In f
Florida,
CLOTHING & ACCESSORIES - An establishment primarily engaged in retailing new
clothing and clothing accessories merchandise from fixed point-of-sale locations,
~~~~. B~:~~u:~s and facilities owned and operated hy a corporation::; :~:I;~:ne;~r::::
fuf seewl or recreatIOnal purposes but not operated pnmanly for a pro t
which is customarily carried on as a business,
COASTAL HIGH HAZARD AREA - See "FLOOD, COASTAL HIGH HAZARD AREA"
CODE 1958 - Code J 958. Any reference herein to "Code 1958" shall be construed to mean
the "Code of Ordinances, City of Boynton Beach, Florida," adopted October 20, 1958, by
Ordinance Number 315, as from time to time amended and supplemented,
('''1ftc ho.sc. An informal cafe or restaurant primarily offcring c:fe:, :: :;~ ~:::n
alcoholIc beverages, and '""here lIght refreshments and lImIted menu ea S yo,
COIN-OPERATED LAUNDRY - An establishment primarily engaged in operating facilities
with coin-operated or similar self-service laundrv / dry cleaning equipment for customer use on
the premises, contingent upon the floor area of such use is entirely enclosed,
COLLECTOR ROAD OR STREET - See "STREET, COLLECTOR". _ ^ route :;::::
::t:::::c: ~~~~~:YOIY 1R0derate average traflic Yol~me, moderately aye;:;: ~~:::::
~~~:~; ayerag<l operating 'pced Such a route also collects a~ :I:;::::~::~:')}C ::;:e~
lecal roads or artenal roads and serves as a lmkage between land a c It' n ,
April 3, 2007
17
street shown or described as a collector according to the current or most recent functional
classification contained in the City of Boynton Beach Comprehensive Plan, as adopted and
amended, is a collector street.
COLLEGE, UNIVERSITY, SEMINARY - An establishment primarily engaged in furnishing
academic courses and granting degrees at associate, baccalaureate or graduate levels, The
requirement for admission is at least a high school diploma or equivalent.
COLOCA TION - The practice of installing and operating multiple wireless carriers, service
providers, and/or radio common carrier licensees on the same antenna support structure or
attached wireless communication facility using different and separate antenna, feed lines and
radio frequency generating equipment.
COMBUSTIBLE SICN .'illy sign or sign structure v.hich will ignite or support flames and
which has a 1m,>, flame point. Prime examples of combustible signs ,>",ould be wood, non U.L
approved plastics, cloths, etc,
COMMERCIAL TRUCK - A truck defined as such by the rules of the Florida Department of
Highway Safety and Motor Vehicles,
COMMERCIAL ZONING DISTRICT - All C-I, C-2, C-3, C-4, CBD, and PCD zoning
districts.
COMMISSION Tho City Commission of the City of Boynton Beach, Florida,
COMMUNITY FACILITIES - A governmental use established primarily for the benefit and
service for the population of the community in which it is located,
COMPLETEL Y ENCLOSED - A building separated on all sides from the adjacent open area,
or from other buildings or other structures, by a permanent roof and by exterior walls or party
walls, pierced only by windows or entrances or exit doors normally provided, and open for the
accommodation of persons, goods, or vehicles.
COMPREHENSIVE PLAN - The Comprehensive Plan of the City of Boynton Beach as
adopted and amended and required by the Florida Statutes F.S. 163,
COMPUT A TION OF TIME- Computation of time, In computing any period of time prescribed
or allowed by this Code or Regulations, the day of the act, event or default from which the
designated period of time begins to run shall not be included, The last day of the period so
computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the
period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday.
When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays,
Sundays and legal holidays shall be excluded in the computation,
CONCEALED WIRELESS COMMUNICTION FACILITY - See "WIRELESS
COMMUNICA nON FACILITY".
April 3, 2007
18
CONCEPTUAL FEEDBACK - General reaction to a thought or idea with the clear
understanding that further development of the thought or idea will be considered only when it is
in conformance with all codes, ordinances, rules and regulations. Conceptual feedback neither
provides nor implies either present or future waivers, variances, exceptions or exemptions from
any codes, ordinances, rules and/or regulations,
CONCURRENCY - The requirement that the necessary public facilities and services to maintain
the adopted level of service standards are available when the impacts of development occur.
CONCURRENCY EXEMPTION DETERMINATION - A written certification by the
planning director that a development order or permit is exempt with respect to meeting the
concurrency requirements for a particular public facility.
CONDITIONAL CERTIFICATION OF CONCURRENCY - Shall mean that there is The
reasonable likelihood that the necessary public facilities would be provided by the developer, a
governmental agency, or by other developers, but that the conditions set forth herein cannot be
met. The conditional certification of concurrency shall specify the public facilities which are to
be constructed, timing of construction and responsibility for construction, A conditional
certification of concurrency shall reserve capacity in the public facilities which specified as such,
until the conditional certification of concurrency expires,
CONDITIONAL uSE - See "USE, CONDITIONAL",
CONDOMINIUM - See "PROPERTY O\VNERS ASSOClA TlON",
CONSIGNMENT SHOP - See "MERCHANDISE, USED",
CONSTRUCTION PLANS - Certified documents from which a complete review and analysis
can be made of all required improvements without research and/or additional data,
CONTIGUOUS LANDS - Lands that abut each other or are separated only by streets, ways,
easements, pipelines, powerlines, conduits or rights-of-way under ownership of the petitioner, a
governmental agency, a subdivision or a public or private utility, Also see the Florida Statues in
connection with annexation,
CONTRACTOR - A contractor undertakes trades of a tYPe that are specialized to assist in
buildin construction and remodelin , This definition includes but is not limited to heatin aIr
conditioning, plumbing, roofing, paving, underground, and landscaping,
CONV ALESCENT HOME - See "GROlJP HOME",
CONVENIENCE STORE. - Cmr.'cl'Iicf1cc store An establishment known as a convenience store
or a food mart exce t those with fuel um s IS rimaril , en a ed in retailin a limited line of
goods that generally includes milk, bread, soda, and snacks. The term "convenience store" does
not include a store whieh is solely or primarily a restaurant. ~ ::1; s;:::~ a residential area
that stocks food and general goods and ]s open all or most 0 t " t.
April 3, 2007
19
CONVENTIONAL ZONING DISTRICT - All zoning districts which are not planned zoning
districts,
CONVERTED PAPER PRODUCT PROCESSING - An establishment primarily engaged in
converting paper or paperboard without manufacturing paper or paperboard, This use is limited
to cutting, stamping, folding, laminating, lining, coating, and treating of purchased paper,
paperboard, foil, sheet, or film materials,
CORNER - See "LOT' ~
COSMETICS, BEAUTY SUPPLY, AND PERFUME - An establishment P1imarily engaged in
the retail sales of cosmetics, beauty supplies, perfumes, colognes, and the like.
:.~~ETOLOCY AND BARIlER SCHOOLS An .Gtabliskment primarily engage;: ~n
offering training in barbering, hair styling, or the cosmetic arts, such as malceu; 0; ~kin c r ,
These schools provide job specific certification,
COST ESTIMATE - A certified estimate of the cost of surveying, testing, all required
improvements, supervision, profit, and overhead,
COUNSELING - An establishment that provides professional advice and guidance for matters
concerning but not limited to marriage and family, occupation and career, debt and finance,
mental health, and substance abuse, This use excludes grOUP counseling, administering
medications, and in-patient or resident care,
COUNTY - The words "the county" or "this county" shall mean the county of Palm Beach,
COUNTY ROAD SYSTEM - The county road system consisting of each county consists of all
collector roads in the unincorporated areas and all extensions of such collector roads into and
through any incorporated areas, all local roads in the unincorporated areas, and all urban minor
arterial roads not in the State Highway System,
COVERED W ALKW A Y AND ARCADE SICN A sign wkick is refjl:;;:~u~:t~ :::
buIldmg face and IS suspended from, attached to, supported from or forms p , 0' e
,<valk""ay and is rigid,
CROSSWALK - Tkat part of a roadway at lUl intersection included witbin~~ ::";'~:: ~: :::
lateral lInes of the slde'.valks on OppOSIte Sides of the hIghway, measured fr t ,
absence of curbs, from the edges of the traversable roadway, Any portion of a roadway at an
intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on
the surface.
April 3, 2007
20
CUL-DE-SAC - See "STREET",
CUR.'l.ENT STANDARDS Dncnment" drawings, specifications, deta~~, I;: ::::~'
:~~I~:I~:S~ ordIna~ces and the lIke In e~fect ~n the date an applIcatIOn or ame ed IC ,
'.';lHchever IS later, IS presented for consIderatIOn,
~~~~~;~ ~~:~~~~~~s Custo:n furnishinf?s, Home furniture and decorative obiects built
~~:~~~~: ~: ~?~E .^. sign identifying the address, operator's name or activity taking
place within the facility, not to exceed t\'/o (2) square feet in area,
~~~~~ ~~~~~ ::~~c:' cafe, ;\ coffee house that provides patrons with computer terminals for
BF8'::SlAg the Internet for a fcc,
DAIRY PRODUCTS MFG - An establishment that manufactures dairy products from raw milk,
processed milk, and dairy substitutes,
DA Y CARE - An establishment that provides care, protection and supervision for children or
adults on a regular basis away from their primary residence for less than twenty-four (24) hours
er da , The term does not include facilities 0 erated in con'unction with an em 10 ent use or
other rinci al activit where children are cared for while arents or custodians are occu ied on
the premises or in the immediate vicinity,
~ · ~ ~~ ~ ~; s:::,. ~~ foci Iitios that Aa ve no ovemi .ht accommodations. :; 0. ;~:i :::::
;'~~-:~;;':~:~~in~erod by lice"sod llRd certified s:a teclmi~:;'~) ~a::- '.". ;: .1 - _ -
Fela*atI8A f3fOcrams that may last from a fC'1i mInutes up t a full day,
DA Y & TRADE LABOR POOL (TEMPORARY HELP) - An establishment engaged in
rovidin tern ora da or manual labor service for the construction maintenance a ricultural
or industrial trades,
dBA - The total sound level of all noise as measured with a sound level measuring device using
A-weighting network, The unit is decibel:based on a reference sound pressure of ,0002
microbars.
DEAD END STREET - See "STREET" ^ street with only one outlet.
DEED RESTRICTION ~ Each Workforce Housing Unit created under the Program shall be
deed restricted for thirt 30 ears, The Deed Restriction shall be recorded and serve to restrict
the sales or rental price and/or the income of the purchaser or renter.
DEMOLITION - Any intentional dismantling, intentional destruction, or removal of structures,
utilities, public or private right-of-way surfaces, or similar property.
Apn13,2007
21
DENSITY - The number of residential dwelling units permitted on a particular lot or within a
proiect determined by dividing the applicable zoning district minimum lot size for one dwelling
unit into the gross acreage of said lot. Density is always expressed in tem1S of dwelling units per
gross acre ( d, u./ g,ac, ), An existing or proj ected relationship betv.'een numbers of dwelling units
and land area.
Maximum density Maximum density Maximum density
4.84 d.u./g.ac 9.68 d.u,fg.ac 80 d.u,fg.ac
DEP ARTMENT OF TRANSPORT A TION STATE STANDARDS - The most recent edition
of all state standards and specifications,
DEP,A..RTMENT STORE A retail establishment offering a wide ,,'ariety of merchandise, and
organized into departments, according to the type of merchandise sold,
DEVELOPER - The owners of record executing the dedication required by s. 177,081, Fla, Stat.,
and applying for approval of a plat of a subdivision pursuant to this Chapter. ;"-flY individual,
firm, association, s)11dicate, copartnership, corporation, trust or any other legal entity
commencmg proceedings under this ordinance, The term "developer" includes the
term "subdivider".
DEVELOPER'S ENGINEER - A professional engineer, registered in Florida, engaged retained
by the developer.
DEVELOPMENT - A single use or combination of uses, proposed or approved, that may
include but not be limited to a single-family subdivision-,-Jownhom~!,-,- rental apartment~
condominiums, public facilities, commercial buildings, shopping centers, or industrial proiects,
possibly of similar design, constructed as a unified community, Development shall also include
the meaning given it in ~, 380,04 Fla, Stat., pursuant to a development order or permit. &hall
have the meaning given it in Section 380.04, Florida Statutes, pursuant to a development order or
permit.
DEVELOPMENT means any construction, or rede'.'elopment, or structural alteration of any
private or public building \vithin the limits of the City,
DEVELOPMENT ACTIVITY - Application for a master plan, site plan, rezoning, building
permit, or variance, as it relates to the Notice of Intent section of these regulations,
April 3, 2007
22
DEVELOPMENT AGREEMENT - An agreement entered into between a local government and
a person in connection with the approval of a development order or permit including, but not
limited to, a development agreement pursuant to Section 163,3220, Florida Statutes, or an
agreement on a development order issued pursuant to Section 380.01 et seq" Florida Statutes.
DEVELOPMENT AREA ~ Under the provisions of the Wireless Communication Facilities
section of these regulations, it is the area occupied by a wireless communications facility
including areas inside or under the following: an antenna-support structure's framework,
equipment cabinets, ancillary structures and access ways,
DEVELOPMENT ORDER - Any order granting, denying, or granting with conditions an
application for a development permit. A development order becomes effective upon approval by
the City Commission and issuance, in writing, by the city attorney,
DEVELOPMENT PERMIT - Any permit authorizing fef required improvements, building(s),
zoning, rezoning, plat approval, certification, variance, or other action having the effect of
permitting commencement of development as defined in Florida Statutes, Section 380,04, or any
other official action or types of action by the city which, in the judgement of the city manager,
would permit the use or development ofland similar to any of the listed actions.
DEVELOPMENT. ELIGIBLE - Under the Workforce Housing provisions of these regulations,
an "eligible development" is a development at one location which includes at least ten (10)
residential units for which site plan approval has been granted.
DIET / NUTRlTION CENTER - An establishment that conducts non-medical types of services
to assist clients in attaining or maintaining a desired weight. The sale of weight reduction
products, such as food supplements, may be an integral component of the program, These
services typically include individual or group counseling, menu and exercise planning, and weight
and body measurement monitoring,
DIRECTIONl~AL SICNS (I) On premises, incidental sif,'11s designed to guide or direct
pedestrians or vehicular traffic, (2) Signs erected or permitted by the city, Palm Beach County,
State of Florida or the United States Go'.'emment or agency thereof, for the direction or safety of
the public, (3) ,A. sign, noticeLor s)mbol as to the time and place ofreg;ular ci','ic meetings and
religious services,
DIRECTORY SICN A freestanding or flat sign listing only the name and,lor use or location of
more thun one (1) business, activity or profession conducted within a building, group ofbuildings
or commercial center.
DISTRIBUTOR - Distributor. Any individual or business entity engaged in the dissemination of
any publication utilizing a newsrack located in the City ofBovnton Beach,
DISTRICT~ (ZONING) - See "ZONING DISTRlCT" Any certain desi01ated described area of
the City of Boynton Beach to \vhich these regulations apply and within which the zoning
regulations are uniform,
DOCTOR'S OFFICE - See "MEDICAL OR DENTAL OFFICE",
April 3, 2007
23
DOUBLE FACED SICN A sign with t'NO (2) faces which arc back to back 'Nith no more
than a forty five (45) degree angle between the faces.
DOUBLE-KEYED DEAD BOLT - Double hc}'cd dead bolt is a dead bolt lock actuated by a key
from the inside and outside,
DRIP LINE - Drip line: A vertical line running through the outermost part of the crown ofa tree
and extending to the ground, provided. however. that the same shall not be less than a ten foot
diameter circle which is drawn from the center line of the trunk of a tree,
DRIVE IN REST.\UIV'..NT 1\ restaurant \vhich includes facilities to serve food and
beverage to patrons for consumption by patrons in automobiles on the premises,
DRIVE THRU RESTAURA..NT A restaurant 'Nhich includes facilities to serve food and
beverages to patrons who arc in their automobiles ..",ith the intention of driving away from the
property and consuming their food and beverage else'.vhere.
DRIVEWAY- The paved area between a public street and private property intended to
provide ingress and egress for vehicular traffic from the public street or thoroughfare to a definite
area of private property, or which connects parking aisles or provides access to parking aisles,
DRIVEW A Y, MAJOR DRlVE~T.A.. Y - A main ingress or egress to a public street from the site
of any development generating more than 1 ,000 vehicular trips per 24 hour day or more than 250
trips in any single hour including, but not limited to, a shopping center, multiple-family
development, industrial park, hospital or any other use.
DRUG STORE - See "PHARMACY & DRUG STORE",
DRY CLEANER - An establishment that launders or dry cleans articles of clothing and
gannents, which are deposited on the premises directly by the customer. The laundering or
cleaning of articles / gannents may occur either on or off the premises. The business is small-
scale and not intended to perform or function as a large-scale dry cleaning plant.
April 3, 2007
24
DRY CLEANING PLANT - An establishment that cleans fabrics, textiles, \\fearing apparel, or
articles of any sort by immersion and agitation, or by immersions only, in volatile solvents
including, but not by way of limitations, solvents of the petroleum distillate tyPe, and / or the
chlorinated hydrocarbon type, and the processes incidental thereto, These establishments are
tyPically not open to the general public and primarily cater to a commercial and / or industrial
clientele,
DWELLING - A living facility for one or more persons, such as a one-family house, an
apartment or a condominium,
DWELLING UNIT (D.U.) - A single unit providing complete, independent living facilities for
one family, including permanent provisions for living, sleeping, eating, cooking and sanitation,
but not including recreation vehicles, tents, hotels, motels, boarding houses, or boats, A house,
apartment, building or any part thereof used primarily for human habitation and shall include bath
and culinary accommodations, 1. Single family dwelling: A building containing only one (1)
single family dwelling unit. 2, Multiple family dwelling: l. building containing 1\'10 (2) or more
dwelling units,
D'VELLINC RESIDENTIAL UNIT CDU) ,'\11 apartment, condominium, single family
detached house, mobile home, single family attached house or multi family housing c~tablished
for human habitation,
DWELLING RESIDENTIAL. MUL TI-FAMIL Y - A building containing three (3) or more
dwelling units that cannot be classified as single-family attached,
DWELLING RESIDENTIAL. SINGLE-FAMILY, ATTACHED - Two (2) or more one-
family dwellings attached by common vertical firewalls, whereby each unit has its own front and
rear access to the outside, and no unit is located over another unit. Examples of single-family
attached dwellings include duplexes and townhomes,
EASEMENT- Any strip ofland created by a subdivider for public or private utilities, drainage,
sanitation, or other specified uses having limitations, the title to which shall remain in the name of
the property owner, subiect to the right of use designated in the reservation of the servitude, AH
interest in land granted for limited use purpose, but which does not convey-title to real-prepeFty,
EASEMENT. LIMITED ACCESS EASEMENT - A strip of land which does not permit
access except at authorized and controlled points.
ECOSYSTEM - Ecosystem: An assemblage of living orgamsms (plants, animals,
microorganisms, etc,) that functions as a dynamic whole through organized energy flows,
EGRESS - An exit.
April 3, 2007
25
ELECTRICAL EQUIPMENT. APPLIANCE & COMPONENT ASSEMBLY - An
establishment that assembles products, finished parts, and materials which generate, distribute and
use electrical power.
ELECTRICAL 8ICN /\ sign or sign structure in 'Nhich integral electric \viring, connections
and/or fixtures are used and connected to an electric source and meeting the requirements of the
National Electrical Code,
ELECTRONICS AND APPLIANCE STORE - An establishment primarily engaged in
retailing televisions, stereos, and other home / car electronic appliances, This use would include
the retailing of cameras and other audio-vi sua] equipment. The repair of this merchandise is
incidental to the principal use (retai] sales),
ELEV A TED BUILDING - Bui]ding without a basement in which the ]o\vest floor is elevated
above the ground,
ELIGIBLE OCCUPANT - Relative to the Workforce Housing Program contained in these
regulations, it is a person who qualifies for participation in the program whose income does not
exceed 1 20% of Median Househo]d Income for Palm Beach County as set by HUD Priority will
be given to persons who have lived or worked within the City limits of Boynton Beach
continually for one year immediately prior to the date of application for a Workforce Housing
Unit.
ENCROl\CHMENT "Encroachment": Encroachment is any protrusion of a vehicle outside of
a parking space, display area or accessway into the landscaped area, There shall be no
encroachment over or into any landscaped area, Whee] stops and/or cuts shall be placed at least
two (2) feet fTOm the edge of such landscaped area as well as two (2) feet from any preserved or
planted tree. Where a '.vhoe] stop or curb is utilized, the paved area between the cu~b and the end
of the parkinf,: space may be omitted, providing it is landscaped in addition to the required
landscaping as provided herein.
ENDANGERED. THREATENED. AND RARE SPECIES OF SPECIAL CONCERN _
Endangered, threatened and rare species and specios of special concern: Species listed as
endangered, threatened, rare or of special concern by one (1) or more ofthe following agencies: l)
U.S, Fish and Wi]dlife Service, 2) F]orida Game and Fresh Water Fish Commission, 3) F]orida
Committee on Rare and Endangered Plants and Anima]s, 4) Florida Department of Agricu]ture,
and 5) Treasure Coast Regional Planning Council.
ENGINEER, RECI8TERED- A person registered as a professional engineer in the State of
F]orida, in accordance with Chapter 471 , F]a, Stat., who is good standing with the F]orida Board
of Professional Engineers, A professional enbineer registered by the State of Florida and trained
in the field of engineering.
ENLARGEMENT OR TO ENLARGE - An enlargement is an addition to the floor area of an
existing building, an increase in the size of any structure, or an increase in that portion of a tract
of land occupied by an existing use, To enlarbe is to make an enlargement.
Apn13,2007
26
ENTERT AINMENT. INDOOR - An establishment primarily engaged in operating amusement
arcades / parlors, billiard halls, bowling alleys, paint ball, shooting ranges, skating rinks, and the
like, Arcades include any electric or electronic machines (i,e, pinball, video games) which
provide amusement, enjoyment, or entertainment.
ENTERT AINMENT. OUTDOOR - An establishment offering recreation, entertainment, or
games of skill to the general public for a fee or charge wherein any portion of the activity occurs
in the open, Tvpical uses include but are not limited to amusement and water parks:
skateboarding, batting cages, miniature golf and driving ranges, tennis clubs, and other tyPes of
recreation and entertainment not otherwise defined,
ENVIRONMENT ALL Y SENSITIVE LANDS - Environmentally sensitive lands: Ecological
sites (ecosites) representing high quality native Florida ecosystems,
E UIPMENT CABINET - Under the rovisions of the Wireless Communication Facilities
section of these regulations, it is any structure such as a cabinet, shelter, or pedestal used to
exclusively contain radio or other equipment necessary for the transmission or reception of
wireless communication signals,
E UIPMENT COMPOUND - The fenced area surroundin a wireless communication facilit
including the areas inside or under the following: an antenna suPport structure's framework and
ancillary structures such as equipment necessary to operate the antenna on the including cabinets,
shelters, pedestals, and other similar structures,
ERECT (SICNS) To build, construct, attach, hang, place, suspend or affix, and shall also
include the painting of signs,
ESSENTIAL SERVICES - Facilities owned and / or operated by a governmental entity or
public service provider of essential services and infrastructure (including but not limited to gas,
electrical, potable water, sanitary sewer) for the general public health, safety, convenience, and
welfare.
EXCA VA TION OR EXCA V A TING - The removal of materials from either above or below
the water table and/or the grading, mixing or spreading of materials,
EXEMPTION DETERMINATION - See "CONCURRENCY EXEMPTION
DETERMINA TlON" ^ 'Nritten certification by the planning director that a development order or
pennit is exempt with respect to meeting the concurrency requirements for a particular public
facility,
EXPRESSW A Y - A street shown or described as such according to the current or most recent
functional classification system contained in the City of Boynton Beach Comprehensive Plan, as
adopted and amended,
EXTERIOR DISPLA Y - The display Display of merchandise, as an accessory use ill to a lawful
principal use, outside of the walls of the building or within any area which is not fully enclosed by
building walls, in such a manner so as to allow for viewing or inspection of merchandise by
customers,
April 3, 2007
27
EXTERIOR STORAGE - The keeping of merchandise, materials, equipment or supplies, and
the like, outside of the walls of a building or within any area which is not fully enclosed by
building walls, which is generally not for the purpose of allowing inspection or viewing by
customers,
EXTERMINA TING AND PEST CONTROL - An establishment offering the control and
elimination of insects, rodents or other pests by eliminating their harborage places by removing or
making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating,
trapping; or by any other recognized and legal pest elimination method.
EXTERMIN;\ TION Extc,'711ination the control and elimination of insects, rodents or other
pests by eliminating their harborage places by removing or making inaccessible materials that
may serve as their food; by poisonin?:, spraying:, fumigating, trapping; or by any other recognized
and legal pest elimination method,
EXTR\ORDINARY CONDITIONSExtraordinar)' conditions Subsequent to a hurricane,
flood or other natural disaster.
FAA - The Federal Aviation Administration,
FL\BRlCA. TION The assembly or forming of goods using finished or semi finished materials, as
opposed to the manufacture of primary materials,
FACINC OR SUR.I;';'..CE ShaIl mean the surface of the sign upon, against or through '."hich the
message is displayed or iIlustratcd on the sign,
F AMIL Y - One (1) or more persons occupying a single dwelling housekeeping unit and using
common cooking facilities, provided that all such persons shaIl be related by blood, marriage or
adoption, except that not more than one (1) person who is not related as such shall also be
permitted to reside in the same unit. Families who provide care in their own home as duly state
licensed foster family homes, in which dependent children have been duly placed by the State of
Florida, and which include not more than five (5) children (both natural and foster) in the
household, are expressly included within this term,
F AMIL Y DAY CARE - A residence providing day care services for a number of children which
is limited in accordance with Florida law, and which shall be construed to be an accessory use to
any dwelling unit located in a residential or PU district, or in any commercial zoning district,
excluding C-4 district.
FCC - The Federal Communications Commission,
FEED LINES (lCEBRIDGE OR BRIDGE) - Cables used as the interconnecting media
between the transmissiOn/receiving base station and the antenna,
FESTOONS - Strings of ribbons, lights, tinsel, small flags, discs, spinners, pinwheels or any
device propelled by natural forces used for the purpose of attracting attention,
April 3, 2007
28
FILL OR FILLINC Placing material removed from another area on and/or off site,
FITNESS / HE,A.L TH CLUB Fitness/health dub, A commercial recreation and entertainment
facility or private club which has as a principal use a gymnasium, s\vimming pool or other sports
facility and which may offer massages, whirlpool baths, steam rooms, saunas;r medical facilities
as accessory uses to the principal use,
FIRST TIME HOME BUYER - A person who has not held ownership in a residence within the
past three years,
FIXED PROJECTION SICN A sign, other than a flat sign, which extends out\vard for more
than eighteen (18) inches from the facade of any building and is rigidly affixed thereto,
FLAG - A piece of cloth used as the national, state, municipal, civic or church symbol, registered
corporate logo, or internationally recognized symbol, properly displayed in accordance with
published federal, state, municipal, civic or church adopted guidelines and displayed on a
designated pole located in a proper holder or in other ways approved by an appropriate national,
state, municipal, civic or church agency, The maximum allo'Ned is two (2) different flags per
pole and only one (1) pole per lot or bay frontage.
FLi\SHINC SICN /. sign, either fixed or portable, which uses or contains intermittent or a
sequential flashing light source with the exception of a time or temperature sign or 00\'.' Jones
average sign \vhich is part of a pennitted commercial sign,
FL:\ T SICN A si~~ erected parallel to, and extending not more than eighteen (18) inches
from, the facade of any building to which it is attached and supported throughout its entire length
by the facade of the building and not extending above or beyond the building,
FLOOD ( FLOODING) - Flood or tloodinf? a A general and temporary condition of partial or
complete inundation of normally dry land areas from the overflow of inland or tidal waters or the
unusual and rapid accumulation of runoff of surface waters from any source.
AREA OF SHALLOW FLOODING - Area o{shallow tloodinf? - a designated AO or
VO zone on a community's flood insurance rate map (FIRM) with base flood depths from
one (l) to three (3) feet where a clearly defined channel does not exist, where the path of
flooding is unpredictable and indeterminate, and where velocity flow may be evident.
BASE FLOOD S(1se flood - a A flood having a one (l) per cent chance of being equalled
or exceeded in any given year.
COAST AL HIGH HAZARD AREA Coastal hif?h hazard area - tfle The area subiect
to high velocity waters caused by, but not limited to, hurricane wave wash or tsunamis.
The area is designated in a FIRM as zone Vl-30, VE or V,
FLOOD HAZARD BOUNDARY MAP (FHBM) Flood /1(12(1,'0 boul1da,'~; malJ (FHBM)
- ilfi An official map of a community issued by the Federal Emergency Management
Agency where the boundaries of the areas of special flood hazard have been defined,
Apn13,2007
29
FLOOD INSURANCE RATE MAP (FIRM) Flood insurance ratc map (FIRA1) - aH
An official map ofa communitv on which the Federal Emergency Management Agency
has delineated both the areas of special flood hazard and the risk premium zones
applicable to the community,
FLOOD INSURANCE STUDY Flood insurance study - the The official report provided
by the Federal Emergency Management Agency which contains flood profiles, flood
boundary-floodway map and water surface elevation of the base flood.
SPECIAL HAZARD AREA Area of sl3ccial flood hazard - f.aHd Land in the floodplain
subiect to a one ( I) percent or greater chance of flooding in any given year.
FLOODW A Y Floodwav -llie The channel of a watercourse and the adiacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one (1) foot.
FLOOR AREA RATIO (FAR) - A mathematical expression determined by dividing the groSS
floor area (GF A) of a building by the area of the lot on which it is located, Gross Floor Area / Lot
Area = FAR.
Lot coverage Lot coverage Lot coverage
Total Coverage 1/2 Coverage 1/4 Coverage
FAR e .5 ...... I ~
FAR = 1 I , ____I ....RJ
FAR = 2 ~ ~ ..Ii
FLOOR AREA, MINIMUM The area ofthc floor or floors measured from the centerline of
the exterior 'Nalls to the centerline of dividing walls, The area for garages, roofed oyer screened
porches and utility rooms shall be credited for fifty (50) perccnt of floor area, Open porches and
carports shall be credited '""ith tv,,'enty five (25) perccnt of floor area, Accessory buildings shall
not count as floor area ifnot accessible from the interior of the building, Not more than ten (10)
percent of any minimum floor area shall be credited to screened in porches or breezeways,
FLORIST - An establishment primarily engaged in retailing cut flowers, floral arrangements,
and potted plants purchased from others, These establishments usually prepare the arrangements
they sell.
FOOD PROCESSING - An establishment primarily engaged in processing canned, pickled, and
dried fruits, vegetables, specialty foods, snacks, and spices,
April 3, 2007
30
FOOTWEAR & OTHER LEATHER PRODUCTS - An establishment primarily engaged in
manufacturing and fabricating footwear and other leather products from purchased leather or
leather substitutes (i,e., fabric, plastics),
FORTUNE TELLER.' PSYCHIC Fortunc teffer/psychic, Person \yho makes predictions
about the future through methods including astrology, palm reading, psychic abilities, cl)'stal
balls, tarot cards, or examining tea leaves,
FOSTER CHILD - A child in foster care who has been placed in a foster home by the State of
Florida,
FOSTER HOME OR FOSTER CARE, FOR CHILDREN - A family foster home as defined
by the Section 409,175, Florida Statutes, and which conforms to the definition of "family,"
FREESTANDINC SICN ;\ monument or ground mounted sign identifying the use of the
property upon '.vhich it is located, Ground mounted signs may be supported by one or morc poles,
provided that the bottom of the sign or cabinet is no more than two (2) feet above grade and that
the poles and complete length of the sign or cabinet arc clad in the same or like material,
completely to the ground. Alternatiyes to the cladding requirement may be considered if the
design of the sign conforms to the architectural design of the building(s).
FRONT AGE STREET - See "STREET, MARGINAL ACCESS Marginal Access Street."
FROZEN FOOD - An establishment primarily engaged in processing and freezing fruit, iuices,
vegetables, and specialty foods, such as dinners, entrees, and side dishes; pizza; whipped
toppings; and waffles, pancakes, and french toast.
FUNCTIONAL CLASSIFICATION - The assignment of roads and streets into systems
according to the character of service they provide in relation to the total road network. Basic
functional categories include arterial roads, collector roads and local roads which may be
subdivided into principal, major or minor levels, Those levels may be additionally divided into
rural and urban categories.
FUNCTIONALL Y DEPENDENT FACILITY - FU/'lctioneflr dc/Jcndcnt faeilit;) - a A facility
which cannot be used for its intended purpose unless it is located or carried out in close proximity
to water, such as a docking or port facility necessary for the loading and unloading of cargo or
passengers, shipbuilding, ship repair or seafood processing, The term does not include lon.f?;-term
storage, manufacture, sales or service facilities.
FUNERAL HOME - An establishment engaged in preparing the dead for burial or interment
and conducting funerals (i.e" providing facilities for wakes, arranging transportation for the dead,
selling caskets and related merchandise), This would include a crematorium as an allowable
accessory use,
April 3, 2007
31
FUR.l\l'ITURE MANUFACTURING Manufacturing of furniture, cabinets, 'Nooden vanities,
household goods and ornaments from '.vood; also, furniture repair, refinishing and re
upholstering,
FURNITURE & HOME FURNISHING - An establishment that engages in the retail sales of
furniture and related home accessories,
FURNITURE PRODUCTS - An establishment that makes or repairs furniture and related
articles, such as mattresses, window blinds, cabinets, and fixtures, The processes used in the
manufacturing of furniture include the cutting, bending, molding, laminating, and assembly of
such materials as wood, metal, glass, plastics, and rattan, This use also includes furniture repair,
refinishing, and reupholstering,
Gi''..R.'\CE, PUBLIC PAR.l.(ING /. building or other structure which provides parking or
storage for motor vehicles.
GARBAGE Garbaf!c - a Animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
GASOLINE DISPENSING ESTi'\BLISHMENTS Commercial enterprise, including
automotive service stations and convenience stores, 'Nhich engage in the sale or other motor fuels
to the public,
GASOLINE STATION WITH CONVENIENCE STORE - An establishment engaged in
retailing automotive fuels (i,e" diesel fuel, gasohol, gasoline ), which may be in combination with
convenience store or food mart items. These establishments can either be in a convenience store
(i,e" food mart) setting or a gasoline station setting. It may include AUTOMOTIVE, MINOR
REP AIR as an accessory use,
GAZEBO - See "OPEN-AIR P A VILLION".
GENDER - Gcnder, A word importing the masculine gender only may extend and be applied to
females and to firms, partnerships and corporations as well as to males,
GENERAL DEVELOPMENT PLAN - Also known as the Comprehensive Plan, it is the
official public document adopted by the City of Boynton Beach in accordance with Florida law, as
a policy guide to present and future land use decisions,
GEOGRAPHIC SEARCH AREA - An area designated by a wireless provider or operator for a
new base station, produced in accordance with generally accepted principles of wireless RF
engmeenng.
GLASS PRODUCTS - An establishment primarily engaged in processing (i,e, coating,
laminating, tempering, shaping) purchased glass and/or glass products,
April 3, 2007
32
GOVERNING BODY - Means the City Commission of the City ofBovnton Beach,
GOVER,~MENT - Any direct agency of any federal, state, county, or city govenunent including
schools and the U.S, Postal Service,
COVERl\JMENT SICN Any temporary or permanent sign erected and maintained by the
city, county, state or federal government or any of their legal entities,
GRADE, FINISHED - The average level of the finished surface of the ground adjacent to the
exterior walls of the structure,
.11....1
>. ' High
GRADE SEP ARA TED INTERSECTIONS - Use of the term grade separated intersections
shall mean any intersection wherein one road passes oyer another road by means of a bridge or an
overpass,
GRADES & STANDARDS FOR NURSERY PLANTS - The Standards for Florida No, 1 or
better as given in "Grades and Standards for Nursery Plants" Part I, 1963 and Part II, State of
Florida, Department of Agriculture, Tallahassee, or equal thereto. These standards are amended
from time to time,
GROCERY STORE - An establishment (generally known as a supermarket) is primarily
engaged in retailing a general line of food, such as canned and frozen foods; fresh fruits and
vegetables; and fresh and prepared meats, fish, and poultry, and those services customarily
incidental to the principal use.
GROSS FLOOR AREA (GF A) - The total floor area of a building or a use occupying part of a
building, measured from centerlines of partitions and exterior of outside walls, Gross floor area
shall include all floor area occupied by the main or principal use, plus any floor area occupied by
accessory uses such as storage rooms, maintenance and mechanical rooms, offices, lounges,
restrooms, lobbies, basements, mezzanines and hallways,
CROUND SICN 1..11)' sign, other than a pole sign, in 'Nhich the entire bottom is in contact .,'lith
or is close to the ground and is independent of any other structure,
April 3, 2007
33
GROUNDW A TER - Water occurring beneath the surface ofthe ground, whether or not flowing
through known or definite channels,
GROUP HOME - A facility that provides short-term or long-term lodging for three (3) or more
unrelated individuals in dwelling units or sleeping rooms which operate primarily on a referral
basis from state, county, or local social service agencies and / or self-help programs, These
facilities may offer in addition to lodging accommodations, meals, resident support services,
counseling, guidance and varying levels of medical care, The term "group home" includes but is
not limited to nursing homes, adult congregate living facilities (ACLF), assisted living facilities
(ALF), group care homes, community residential homes, recovery homes, and residential
treatment facilities, The following are group homes defined by tyPe:
TYPE 1 - A home of not more than six (6) residents which is licensed to serve clients of
the Florida Department of Health and Rehabilitative Services and which provides a living
environment for residents who operate as a functional equivalent of a family, including
such supervision and care by supportive staff as may be necessary to meet the physical,
emotional, and social needs of the residents, but which mayor may not be licensed by the
Florida Department of Health and Rehabilitative Services.
TYPE 2 - A home with no less than seven (7) or more than 14 residents which is licensed
to serve clients of the Florida Department of Health and Rehabilitative Services and
which provides for a living environment for residents who operate as a functional
equivalent of a family, including such supervision and care by supportive staff as may be
necessary to meet the physical. emotional, and social needs ofthe residents, but which are
not licensed by the Florida Department of Health and Rehabilitative Services, This
definition includes all facilities operating for such purpose or intent, but which mayor
may not be licensed by the Florida Department of Health and Rehabilitative Services,
TYPE 3 - A home with 15 or more residents which is licensed to serve clients of the
Florida Department of Health and Rehabilitative Services and which provides for a living
environment for residents, including such supervision and care by supportive staff as may
be necessary to meet the physical, emotional. and social needs of the residents, This
definition includes all facilities operating for such purpose or intent, but which mayor
may not be licensed by the Florida Department of Health and Rehabilitative Services,
TYPE 4 - A home for seven (7) or more individuals classified as participants in inmate
release programs, battered women, runaway children, recovery homes, and residential
treatment homes, which is licensed to serve clients of the Florida Department of Health
and Rehabilitative Services and which provides for a living environment for residents,
including such supervision and care by supportive staff as may be necessary to meet the
physical, emotional. and social needs of the residents, This definition includes all
facilities operating for such purpose or intent, but which mayor may not be licensed by
the Florida Department of Health and Rehabilitative Services,
GUYED TOWER GNyed to',l'er - See "ANTENNA SUPPORT STRUCTURE",A
telecommunication to"ver that is supported, in whole or in part, by guy '.vires and ground anchors,
GYM. FITNESS & HEAL TH CL UB ~ An establishment primarily engaged in operating fitness
and recreational sports facilities featuring exercise (weight training, aerobics, yoga) and other
April 3. 2007
34
active h sical fitness conditionin or recreational sorts activities such as swimmin
handball, racquet sports, and the like,
GYMNASIUM. :\0 estaBlishment de,igned and equipped for tBe c.onduct Ofsp",:" :::;i;:,
leisure time activIties, or other customary and usual recreatIOnal activIties and operat d f
profit or not for profit.
~ ;~~:~ Y ~~~8E Halfi~'(1)' house, .r\ residential facility used to house individuals being
tr~nsitioned from penal or other institutional custody back into the larger society,
HANDOFF CANDIDATE - A wireless communication facility that receives call transference
from another wireless facility, usually located in an adiacent first "tier" surrounding the initial
wireless facility,
HARDW ARE STORE - An establishment primarily engaged in retailing a general line of new
hardware items, such as tools and builders' hardware.
HAZARDOUS MATERIAL - Any substance or material which has been determined by the
secretary of the United States Department of Transportation to be capable of imposing an
unreasonable risk to health, safety and property. This teml includes hazardous waste as defined in
the Florida Statutes s. 403,703(21),
HEALTH CLUB - See "GYM, FITNESS & HEALTH CLUB" - "G)mnasium,"
HEAL TH & PERSONAL CARE (EYEGLASS, VITAMINS, HEARING-AIDS) _ An
establishment primarily engaged in the retail sales of convalescent supplies, eyeglasses, hearing
aids, vitamins, and the like,
~:IC~~ (8ICN) The vertical dimension measured from the highest point of the sign to the
mean surface grade surrounding the bottom of the sign.
HOME IMPROVEMENT CENTER -- An establishment primarily engaged in retailing a
variet of new home re air and im rovement materials and su lies such as lumber lumbin
oods electrical oods tools housewares a liances hardware and lawn and arden su lies
with no one merchandise line predominating, The merchandise lines are normally arranged in
separate departments,
HOME OCCUPATION - The home business operation of an individual and / or members of the
immediate family conducted inside a dwelling unit within a zoning district that allows for
residential uses, when such dwelling unit is the principal use of the property and all the applicable
conditions of this Code can be affirmatively evidenced and complied with, Any occupation in
~~~~~~ wi tB w hieB tBore is I(ept no stock In trode,""r commodi ty se Id "pon the prom::" :0
~~r~ emp loyed other than a m em Ber "flhe ImmedIate famI lyreS! dmg upon the prom! , :~
no me~hanical equipment used except such as is pemlissible for purely domestic or h~~~~h
purposes,
HOSPIT AL - An establishment typically referred to as an institution (excluding MENTAL
HEA TH OR SUBSTANCE ABUSE CENTERS) that provides comprehensive, inpatient and
out atient healthcare includin t ical emer enc medical sur ical dia nostic rehabilitation
Apn13,2007
35
and treatment services, as well as other specialized services ranging from bariatrics to wound
care. This use would also include accessory meeting / conference facilities, limited retail sales,
and administrative offices,
HOTEL - He1el, A building or portion thereof containing fifty (50) or more guest rooms,
efficiency units or suites designed for the temporary lodging of transient guests rented on a daily
basis and occupied for less than thirty (30) days, Ancillary facilities may include conference
facilities, restaurants, bars, recreation facilities, ballrooms, banquet rooms and meeting rooms,
Access to the guest quarters shall be through an inside lobby and corridors or from an exterior
court which is within a secured area, HOTEL ",\ny building containing principally sleeping
rooms in '.vhich transient guests are lodged 'with or '.vithout meals, with no provision made for
cooking in any individual room or suite and having or not having one (1) or more dining rooms,
restaurants or cafes as accessory uses, Such building would structurally and for purposes of safety
be obliged to conform to the la\vs of the hotel arid restaurant commission (Division of Hotels and
Restaurants of the Department of Business Regulation).
HOTELl APARTMENT - Any hotel building containing a mixture of sleeping rooms and
apartment suites for transient guests only, and which shall not serve as the primary or permanent
residence of the occupants. Buildings designed as hotel apartments shall have not more than ono-
third of the total units devoted to apartment suites, Dining rooms and lounges shall be permitted
as accessory uses, Hotel apartment suites shall have a minimum gross floor area offive hundred
(500) square feet.
HOTELS, BOUTIQUE - A small luxury hotel containing ten (10) to fifty (50) guest rooms,
Meal service is usually breakfast only, but in some instances high-quality dinner and/or lunch
service and room service mav also be provided,
HOTEL, EXTENDED STAY - Hote!, extended sta,', Any all-suite hotel that provides visitors
with a full kitchen and more than five percent (5%) of its rooms are occupied for at least thirty
( 30) days and no more than one hundred and eighty ( 180) davs,
HOTEL, TIMESHARE TIME SHARIN'G HG+Bfo - The term shall include, but shall not be
limited to, any building or part thereof in which the right of use or occupancy of any unit
circulates among various occupants for specific periods of time less than a full year during any
given year but not necessarily for consecutive years in accordance with a fixed time schedule on a
periodically recurring basis extending for more than one year. The detennination that a building,
or part thereof, is a time sharing hotel shall be made without regard to the form of ownership of
the property or of the units therein and shall be immaterial whether the right of use or occupancy
is derived from a leasehold of fee interest.
April 3, 2007
36
HOUSE EAVES - a A nonstructural portion of any building or structure extending beyond the
vertical plane of the foundation,
HOUSE TRAILER - (al) A trailer or semitrailer which is designed, constructed and equipped as
a dwelling place, living abode or sleeping place (either permanently or temporarily) and is
equipped for use as a conveyance on streets and highways, (e.f.) or a trailer or semitrailer the
chassis and exterior shell of which is designed and constructed for use as a house trailer, as
defined in paragraph (al), but v.'hich is used instead, permanently or temporarily, for the
advertising, sales, display or promotion of merchandise or services or for any other commercial
purpose except the transportation of property for hire or the transportation of property for
distribution by a private carner.
HOUSEHOLD - All &It persons who occupy a dwelling unit. A person living alone or any group
of persons sharing a dwelling unit is a household,
ICE CREAM & FROZEN DESSERT - An establishment primarily engaged in the
manufacturing frozen desert products such as ice cream, yogurts, ices, sherbets, and other desserts
( except bakery products ),
IDENTIFICATION SICN /. non illuminated sign affixed to the rear of a building bearing
the business name and/or address of the occupant, \vith an area not exceeding three (3) square
feet-
ILLUMINA TED SICN /.ny sign '.vhich has characters, letters, figures, designs or outline
illuminated by electric lights or luminous tubes as a part of the sign proper.
IMP ACT FEE - A charge applied to new development to generate revenue for the construction
or expansion of capital facilities located off-site that benefit the contributing development. A
land development regulatory fee charged to new development which creates a need for capital
impro';cments,
IMP ACT FEE Park and recreation facilities impact fcc,
April 3, 2007
37
IMPACT FEE COORDINATOR The Director of Parks or the person desi.c.nated to perform
such functions as designated under this section.
IMPROVEMENT - Includes, but not limited to, street pavements, curbs and gutters, sidewalks,
alley pavements, walkway pavements, water mains, sanitary sewer, storm sewers or drains, street
names, signs, landscaping, permanent reference monuments (PRMs), permanent control points
(PCPs ), monuments, or any other improvement required by the City,
INCOMBUSTIBLE MATERIAL - Any material which will not ignite at or below a
temperature of one thousand two hundred (1,200) degrees Fahrenheit and will not continue to
burn or glow at that temperature.
INCOME QUALIFIED HOUSEHOLD - Under the Workforce Housing Program provisions of
these regulations, it is a household whose income is verified to be either Low Income or Moderate
II1come,
INFEST A TION - Infcsttltion the The presence of insects, rodents or other pests (see
"EXTERMINA TION",
IN-FILL HOUSING - mettflS Means new residential units on parcels less than 5 acres that are
not part of an approved planned unit development as defined by the City ofBovnton Beach land
development regulations,
INFORMATION & DATA PROCESSING - An establishment primarily involved in the
compilation, storage, and maintenance of documents, records, and other types of information,
On-site activities include but are not limited to the following: data entry, storage, conversion or
analvsis, subscription, and credit card transaction processing, telephone sales and order collection,
mail order and catalog, and mailing list preparation, This use excludes the sale of computers,
peripherals, hardware, or software,
INGRESS - An entry,
INSPECTOR - A city employee working as an inspector under the authority and direction of
either the director of development, the director of public works, the director of utilities, the city
engineer, or their designees.
INTERIM SERVICES FEE - User charge applicable to structures certified for occupancy by the
city development department but not appearing on the Palm Beach County tax rolls as an
improvement to real property,
INTERSECTION- See "STREET, INTERSECTION" See F,S, 316,003,
INUNDA TION - Moving, standing or ponded water which is a nuisance, hazard or health
problem,
INVESTIGA TIVE SERVICE - An establishment primarily engaged in providing investigation
and detective services,
April 3, 2007
38
IRRIGA TION SYSTEM- A system of pipes or other conduits designed to transport and
distribute water to all landscape plantings,
JANITORIAL - An establishment primarily engaged in cleaning building interiors, interiors of
transportation equipment (e,g" aircraft, rail cars, ships), and/or windows, This use includes
swimming pool maintenance and steam clean / pressure cleaning,
JEWELRY. LUGGAGE & LEATHER GOODS - An establishment primarily engaged in
retailing new iewelry ( except costume iewelry); new silver and plated silverware; new watches
and clocks; and new luggage with or without a general line of new leather goods and accessories,
such as hats, gloves, handbags, ties. and belts,
JEWELRY MFG - An establishment primarily engaged in one or more of the following; (1)
manufacturing, fabricating, engraving, or etching iewelry or metal personal goods; (2) stamping
coins; or (3) cutting, slabbing, tumbling, carving, engraving, polishing, or faceting precious or
semiprecious stones and gems"
JUNKY ARD - An open area where waste, used or secondhand materials are bought, sold,
exchanged, stored, baled, packed or disassembled, including, but not limited to, scrap iron and
other metals and waste materials, A junkyard includes an automobile wrecking yard and
secondhand automotive parts yard,
LAND DEVELOPMENT PERMIT - A pennit issued by the City Engineer prior to
commencement of construction of required improvements after final record plat approval by the
City,
LAND DEVELOPMENT REGULATIONS (LDR) - Ordinances of the City that govern any
aspect of the development, redevelopment and improvement oflands lYing in the iurisdiction of
the City, and include but are not limited to zoning, subdivision, health, environmental,
landscaping, parking or sign regulations, These regulations arc amended from time to time as
deemed necessary by the City,
LANDSCAPE ARCHITECT - Professionally educated and licensed person who is authorized to
prepare landscape plans, specifications and provide expert testimony in regards to site
development and compliance with municipal landscape regulations,
LANDSCAPE BARRIER - A landscape barrier is a near solid element combining a wall and / or
natural vegetation intended to block all direct and reasonable views to a given use such as
overhead bay or service doors, automotive repair or the like, outdoor storage areas, parked
vehicles, etc, The landscape barrier shall be comprised of a berm, buffer wall and/or natural
vegetation (as deemed appropriate by the city) consisting of various trees species planted tip to tip
in t'NO or more staggered ro\\'s, and shall include species such as Southern Rod Cedar, Silver
Buttonwood, Dahoon Holly, Blolly, Palatka Holly, Redbay, S\veet Bay, Southern Coastal Vlillow,
Sv.'eet Acacia, Spanish Stopper, Geiher Tree, Cherry Laurel, Yaupon, Black Ironwood,
Lance\vood, Coffee Colubrina, Crabwood, Wild Lime, Willow Bustic, Torchwood, or other tree
species found comparable by staff Tree species selected shall be those with maximum density
and minimum deciduous characteristics. Various sh....ub species ranging in heights from 30 inches
to 36 inches '""hen planted tip to tip shall include species such as Firebush, Wax Myrtle, Wild
Coffee, Florida Trema, Florida Privet, Marlberry, Myrsine, Spiccv,'ood, Necklace Pod, Tetrazigia,
April 3, 2007
39
or other species found comparable bv staff which when planted form a continuous visual screen
when planted,
LANDSCAPE BUFFER SCREEN - A continuous row of plant material and/or wall (or
other durable barrier) placed, for example, v,'here a vehicle use area abuts the adjoining rights-
of-wav and adjacent propertv. The materials used to establish the landscape screen are
defined under the respective sections below. and are planted to form a continuous screen of
plant material v,ithin a maximum of one (1) year after time of planting, The hedge clement
shall be maintained at four (1) feet, and the wall used in place of the hedge shall be no less
than three (3) feet high and combined with a minimum of two hedge pla~ts placed on the
outside of the '.vall and spaced every 10 lineal feet.
LANDSCAPE SCREEN - A landscape screen is a continuous row of plant material and/or wall
( or other durable barrier) placed where the vehicle use area abuts the adioining rights-of-way and
adjacent property, The materials used to establish the landscape screen are defined under the
respective sections below, and are planted to form a continuous screen of plant material vvithin a
maximum of one ( I ) year after time of planting, The hedge element shall be maintained at four
( 4) feet, and the wall used in place of the hedge shall be no less than three (3) feet high and
combined with a minimum Oflwo hedge plants placed on the outside of the wall and spaced every
10 lineal feet.
April 3, 2007
40
LANDSCAPED AREA - Landscapcd area, An area not occupied by any structures or
impervious surfaces, and landscaped with vegetative material pursuant to the Landscape Code
regulations, Open space area not occupied by any structures or imper.'ious surfaces, and
landscaped "vith vegetative material and ground covers pursuant to the BOynton Beach Landscape
Code,
LANDSCAPING - "Landscaping": Any of the following or combination thereof: Materials such
as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and other
material such as rocks, pebbles, sand, walls or fences, and decorative paving materials approved
by the development department and the planning and development board.
LATTICE TOWER - See "ANTENNA SUPPORT STRUCTURE",
LA WN MAINTENANCE & LANDSCAPING SERVICE - A business principally engaged in
the decorative and functional alteration, planting, and maintenance of property, This use excludes
contractors who primarily use heavy equipment for tree trimming, grading, excavation, or the
installation of irrigation systems,
LAGNDRY AND DRY CLEANINC, SELF SERVICE ,A. business that provides home
type \vashing, drying, dry cleaning and/or ironing machines for hire, to be used by customers on
the premises.
LEGAL ACCESS -- See "ACCESS, LEGAL" ,A,. dedicated and recorded right of way, or
easement, excluding utility or drainage easements, affording perpetual ingress and egress from a
subject property to a public thoroughfare,
LEGAL ENTITY - An entity that holds a certificate of authorization issued under Florida
Statutes whether the entity is a corporation, partnership, association, or person practicing under a
fictitious name,
LEVEL OF SERVICE - The extent or degree of ser.'ice provided by or proposed to be provided
by a public facility, based on and related to the operational characteristics of the public facility,
LIMITED ACCESS - See "STREET, LIMITED ACCESS" A highvlay or freeway which does
not permit access except at authorized and controlled points. The acquisition of right of 'Nay for
such highways or freeways usually includes the acquisition of access rights thereto, Access may
also be limited through methods other than acquisition of access rights,
LIMITED ACCESS EASEMENT - See "EASEMENT, LIMITED ACCESS" l\ strip ofland
v.hich does not permit access except at authorized and controlled points,
LISTED HISTORIC STRUCTURES (MIXED USE REGULATIONS) - Listed Historic
Structures Includes all structures listed as eligible for designation in .. The Cdv of Bovnton Beach
Historic Sites Survev" as prepared by Research Atlantica, Inc, September 1996, including ef any
subsequent updates to that study, In the Mixed Use zoninh districts, the structure may function as
its intended use or be adapted to other allowed uses, provided the exterior of the structure
maintains its original architectural integrity, not\vithstanding any modifications necessary to meet
the requirements of the Americans 1'.'ith Disabilities Act (AD,^.),
April 3, 2007
41
LITTORAL ZONE - That region of the shoreline beginning at the Ordinary High Water (OHW)
mark and extending waterward to a maximum depth of minus three (-3) feet OHW,
~
LIVE / WORK UNIT - Live/\vork unit. A commercial unit with incidental residential
accommodations occupying one (1) or more sleeping rooms or floors in a building primarily
designed and used for commercial occupancy and providing the following: (1) adequate working
space reserved for commercial use and regularly used for such purpose by one (1) or more persons
residing in the unit; and (2) living space containing, but not limited to, a sleeping area, food
preparation area with reasonable work space and a full bathroom,
LOADING SPACE - Accommodations off the Off-street accommodations for loading eHte and
unloading from trucks, in the fonn of one (1) or more truck berths located either within a building
or in an open area on the same lot.
LOCAL STREET - See "STREET, LOCAL" /\ street shown or described as such according to
the current or most recent functional classification contained in the City of Boynton Beach
Comprehensive Plan, as adopted and amended,
LOCKSMITH - An establishment primarily engaged in the installation, accessory sales, repair,
or adiusting service of mechanical or electronic locking devices, safes, and security vaults,
LOGO - See "SIGN, LOGO" A symbol of a company or business,
I.OT - Includes Tract or Parcel and means the least fractional part of subdivided lands having
limited fixed boundaries, and an assigned number, letter or other name through which it may be
identified, Is either: I. .^. lot ofrecord as part of a land subdivision, recorded in the office of the
clerk of the circuit court of Palm Beach County, and existing on the effecti'.'e date of these
regulations, or any applicable subsequent amendment theroto, or 2, /\ tract ofland under a unity
of title document or a tract of land, either unsubdivided or consisting of abutting lots of record
which on the effective date of these regulations or any applicable subsequent amendment thereto,
April 3, 2007
42
was in one ovmership, or 3, /\ tract ofland, which at the time of filing for a building permit is
designated by its o'.vner or developer as a tract all of which is to be used, developed or built upon
as a unit under one ovmership,
LOT AREA - The total area of a lot measured from included within lot lines.
LOT COVERAGE - The area ofthe lot expressed as a percentage ofthe total lot area covered by
the ground floor of all principal and accessory structures including all areas covered by the roof of
such uses and structures measured along the exterior faces of the walls or along the foundation
wall line or between the exterior faces of supporting columns or from the centerline of walls
separating two buildings or as a combination of the foregoing whichever produces the greatest
total ground coverage for such uses and structures. That portion of the area of a lot, expressed as
a percentage, occupied by all buildings or structures \",hich are roofed or otherwise covered and
that extend more than three (3) feet above the surface ground level.
LOT DEPTH - The length of a straight line drawn from the midpoint of the front property line of
the lot to the midpoint of the rear property line of the lot.
--
'I y
<(
Lo Depth
LOT FRONT AGE - The property line adjacent to a publie or private street; it is also the front
property line,
April 3. 2007
43
LOT WIDTH - The distance between the side lot lines measured at right angles to the lot depth
at a point between the front and rear property lines,
LOT, CORNER - Either a lot bounded entirely by streets or a lot which adjoins the point of
intersection of two (2) or more streets,
LOT.l...INTERIOR - Any lot that is neither a comer lot nor a through lot.
LOT, THROUGH (DOUBLE FRONT AGE) - Any lot, not a comer lot, having both the front
and rear property lines adjacent to a public street.
LOT, \\1IDTH The distance bet\vccn the side lot lines measured at right angles to the lot
depth at a point between the front and rear property lines.
LOUVERS - Lmr.'crs means a A series of removable, fixed-slanted or movable slats. (Glass-
louvered is descriptive of jalousies, Glass, wood or metal jalousies are considered to be louvers,
A wning-type windows having sections more than twelve (12) inches in depth are not considered
to be louvers),
LOW INCOME HOUSEHOLD - Under the Workforce Housing Program provisions of these
regulations, it is a household with a gross, combined income below 80% of the Palm Beach
County Annual Median Household Income as defined by HUD,
LUMBER STORES, BUILDINC M.'\. TERlALS STORES, ;\.ND LUMBER YARDS Sale
oflumber and other building materials, including cutting offinished lumber products to length or
size for sale on premises.
M.ALJOR DRIVE\\1.\. Y A main ingress or egress to a public street from the site of any
development generating more than 1,000 vehicular trips per 24 hour day or more than 250 trips in
April 3, 2007
44
any single hour including, but not limited to, a shopping center, multiple family development,
industrial park, hospital or any other use.
MAJOR REPAIRS They shall include complete engine overhaul and/or replacement of
internal parts of engines. Also included is repair of any portion of the drive mechanism, body and
fender 'Nork, painting and customizing,
l\lAJOR THOROUCHFf..RES ,,\ main traffic artery connecting two (2) or more
municipalities,
MALL - A single building, enclosing a number of tenants and occupancies wherein two (2) or
more tenants have an entrance into an enclosed, roofed over area designed as a pedestrian public
way,
MANGROVE TREES - Mangrove trees: A "mangrove tree" is any plant belonging to any of the
following species of mangroves: Rhizophora mangle, the red mangrove; Laguncularia racemosa,
the white mangrove, and Avicennia nitida, the black mangrove, orConocarpus erectus, the green
buttonwood.
MANGROVE STAND - Mal1f!rovc stand - an assemblage of trees which contain one or more of
the following species: black mangrove, red mangrove, white mangrove and buttonwood,
MARINA. INCLUDING YACHT CLUB - A facility designed to provide a variety of
accommodations and services for local or transient boaters, such as fueling, dockage, wet storage,
and retail sales of marine supplies, and equipment, boats, motors and trailers, wet or dry storage,
hauling, making minor repairs or alterations; the latter while in wet or dry storage, Vihere
possible, all repairs, especially major repairs, will be accomplished within an enclosed or three
quarter enclosed building, Facilities must be provided at every marina to accommodate proper
sanitary sewer and water connections as well as to maximize flushing of the impacted marine
basin,
MARINE ACCESSORIES - Retailing new and / or used outboard motors, boat trailers, marine
supplies, parts, and accessories. Machine shops and / or the on-site installation of marine
accessories are prohibited,
MARTIAL ARTS. GYMNASTICS. AND DANCE STUDIO - An establishment primarily
engaged in offering instruction in arts or recreation, including martial arts, gymnastics, and dance
studios,
MASTER PLAN - A drawing which shows the intended division of and improvements on one or
more parcels filed in coni unction with a fonnal application for a rezoning to a planned zoning
district real property,
MASTER SITE PLAN (WITHIN A PID) - Master Site Plan, A Master Site Plan is the
conceptual plan for the entire Mixed Use Pod within a Planned Industrial Development district
(PID) which individual technical site plans and buildings as processed by staff the Technical
Review Committee (TRC) are to be consistent. Plan requirements of Master Site Plans are
defined herein,
April 3, 2007
45
MASTER STORM WATER MANAGEMENT PLAN - Documents outlining proposed
primary and secondary drainage and storm water treatment facilities,
MA TERIAL (FILL) - Sand, clay, rock, muck, gravel, loam or like materials existing or hauled
to the site.
MEAN SEA LEVEL - 1,lean sealcd the The average elevation of the sea for all stages of the
tide, The term is synonymous with national geodetic vertical datum (NGVD).
MEDIAN HOUSEHOLD INCOME (MHI) - Under the Workforce Housing Program
provisions ofthese regulations, it is the Palm Beach County Median Household Income, adiusted
for family size, as published by the Department of Housing and Urban Development (HUD) ,
MEDICAL OR DENTAL IMAGING / TESTING - An establishment that is primarily
engaged in providing analytic or diagnostic services, including body fluid analysis and diagnostic
Imagmg,
MEDICAL OR DENTAL LAHORA TORY - An establishment that offers diagnostic or
pathological testing and analysis of blood, blood fluids, pathological specimens, DNA sampling
and analysis, and anv other diagnostic test commonly used in the healthcare industry, This use
also includes dental laboratories, which are establishments primarily engaged in manufacturing
dentures, crowns, bridges, and orthodontic appliances customized for individual application,
MEDICAL OR DENTAL OFFICE -A facility operated by one or more physicians, dentists,
chiropractors, or other licensed practitioners of the healing arts for the examination and treatment
of persons solely on an outpatient basis, This use excludes patients of ME NT AL HEALTH OR
SUBST ANCE ABUSE CENTERS,
MEDICAL EQUIPMENT & SUPPLIES - An establishment primarily engaged In
manufacturing medical equipment and supplies, Examp]es of products made by these
establishments are laboratory apparatus and furniture, surgical and medica] instruments, and
surgical appliances,
MEDICAL OUTPATIENT F ACH_ITY Medica! ourpatiel1rfaciliry, /\11 establishment where
patients '.vho are not lodged overnight, but are admitted for examination and treatment by a group
of physicians, dentists, or other health care professionals,
MERCHANDISE. NE\V (SUPERCENTER. DISCOUNT. DEPARTMENT. CLUB) - An
establishment primarily engaged in retailing a wide range of the following new products with no
one merchandise line predominating; apparel, furniture, appliances and home furnishings; and
selected additional items, such as paint, hardware, toiletries, cosmetics, photographic equipment,
iewelry, toys, and sporting goods. Clubs and Supercenters include perishable items,
April 3, 2007
46
MERCHANDISE, USED (ANTIQUE SHOP) - Antique shoos or Auction housc. An
establishment primarily engaged in the retail sales of objects of value, of which, are at least 50
years old and / or collectibles that are desirable due to rarity, condition, utility, or some other
unique feature, Any premises used for the retail sale, trading or auction of articles of which
eighty percent (80%) are over fifty (50) years old or have collectible value, ,^.ntique shop or
,^.uction house does not include "secondhand store" or auction of used merchandise,
MERCHANDISE, USED (CONSIGNMENT, PAWNSHOP, THRIFT) - An establishment
primarily engaged in the sale of used merchandise which includes one of the following: (1)
secondhand sales of personal items resold through a broker ( consignment); (2) loaning money on
the security of pledges of personal property (pawnshop ); or (3) merchandise principally donated
(thrift store ), This classification does not include the sale of secondhand motor vehicles, parts, or
accessones.
MET AL, F ABRICA TED PRODUCTS - An establishment primarily engaged in manufacturing
one or more of the following: (l) prefabricated metal buildings, panels and sections; (2) structural
metal products; and (3) metal plate work products, These establishments transform metal into
intermediate or end products, other than machinery, computers, and electronics, Processes may
include, stamping, bending, forming, and machining, used to shape individual pieces of metal;
and other processes, such as welding and assembling, used to ioin separate parts together. This
use excludes drop forging,
MICROW A VE DISH ANTENNA MicrO'.vave dish antenna - A dish-like antenna used to link
personal wireless service sites together by wireless transmission of voice or data,
MILL '''ORK Manufacturing oflumber and '","ood patterns, stock and vlorkings, including,
but not limited to, manufacturing of wooden flooring, shingles, doors, '.vindows, frames, trusses,
stairs and other fabricated structures; veneer, plywood and railings, \vood pallets and containers,
'....ood buildings and turned or shaped wood products,
MINIMUM FLOOR AREA, MINIMUM The area of the floor or floors measured from the
centerline of the exterior walls to the centerline of di viding walls. The area for garages, roofed-
over screened porches and utility rooms shall be credited for fifty (50) percent offloor area, Open
porches and carports shall be credited with twenty-five (25) percent of floor area, Accessory
buildings shall not count as floor area ifnot accessible from the interior of the building, Not more
than ten (10) percent of any minimum floor area shall be credited to screened-in porches or
breezeways.
MININC Removal of matelials from a site in quantities exceeding '""hat is physically
necessary to develop the site, Mining is prohibited in the City of BO)l1ton Beach.
MINOR REPAIRS They shall include engine tune up, carburetor repairs, 'Nhecl balancing
and replacement and/or repair of external parts of engines,
MITIGA TION, WCF - Under the provisions of the Wireless Communication Facilities section
of these regulations, it is a modification of an existing antenna support structure to increase the
height, or to improve its integrity, or to replace or remove one or several antenna support
structure(s) located in proximity to a proposed new antenna support structure in order to
Apnl 3, 2007
47
encourage compliance with this ordinance or improve aesthetics or functionality of the overall
wireless network.
MIXED USE DEVELOPMENT - Mixed use de','C!opment, /\ combination o [t\\'o (2) or morc
uses on a single parcel, tract or development pod, In the Mixed Use High Intensity Zoning
District, this shall consist of a structure or series of structures containing retail office and
residential uses arranged vertically, In the Mixed Use Low Intensity and Suburban Mixed Use
Zoning Districts, mixed use can refer not only to uses 'Nithin single buildings, but to different
uses mixed in close proximity in a single de'.'clopment. The development of a single building or
single parcel to contain two or more of the following types of uses: residential, retail/commercial,
office or institutional. Mixed uses may be combined vertically within the same building or placed
side by side on the same parcel, provided that they are in close proximity, planned as a unified
and complementary whole and functionally integrated to make the use of shared vehicular and
pedestrian access and parking areas,
MIXED USE DEVELOPMENT J,fixed use development, The development of a singJe
building or single parcel to contain t'.vo or more of the follo\ving tvpes of uses: residential,
retail/commercial. office or institutional. Mixed uses may be combined vertically within the same
building or placed side by side on the same parcel, provided that they are in close proximity,
planned as a unified and complementary ..",hole and functionally integrated to make the use of
shared vehicular and pedestrian access and parking areas,
MIXED USE POD - 1,_Mixed Use Pod components and definition, a, For the purpose of
this subsection, a Mixed Use Pod is defined as a A development project located entirely within a
previously approved Planned Industrial Development (PID} which, when complete, will have all
of the following uses: 1) Multi-family residential~2) Commercial/retail; and 3) Office and
professional. The residential component of the Mixed Use Pod may include fee simple and rental
dwelling units, A Mixed Use Pod is the aggregate of all land within the PID designated for mixed
use,
MOBILE HOME - A manufactured detached, transportable, single family dwelling unit
designed for long tenn occupancy and arriving at the site where it is to be occupied as a complete
dwelling unit, containing all conveniences and facilities, with plumbing and electrical connections
provided for attachment to approved utility systems, To retain mobility, undercarriage and axles
must remain attached to the unit.
MOBILE HOME SUBDIVISION (PARK) - A subdivision ofland for the sale of mobile home
lots,
MODERA TE INCOME HOUSEHOLD - Under the Workforce Housing Program provisions
of these regulations, it is a household with a gross, combined income between 80% and 120% of
the Palm Beach County Median Household Income (as defined by the Florida Housing Finance
Corporation),
MONOPOLE TO'VER - See "ANTEl'.'NA SUPPORT STRUCTURE, MONOPOLE",
April 3, 2007
48
MONOPOLE TOWER Monopole tOlvcr A telecommunication tower consisting of a single
pole or spire self supported by a permanent foundation, constructed v.ithout guy wires and ground
anchors.
MONUMENT SICN L\ freestanding sign situated directly on the ground or mounted
completely along the bottom of the sign cabinet to a 10\\1 profile base or pedestal.
MOTEL A building or group of buildings v.'hich contains sleeping accommodations for
transient occupancy, and has individual entrances to serve such sleeping units. No provisions
shall be made for cooking in any individual room, Motels may have one or more dining rooms,
restaurants or lounges as accessory uses,
MOTEL - Motel. A building or group of buildings designed to provide sleeping accommodations
for transient or overnight guests, Each building shall contain a minimum often (10) residential
units or rooms, which generally have direct access to a parking lot, street, drive, court, patio, etc,
MOTEL APARTMENT - Any motel building containing a mixture of sleeping rooms and
apartment suites for transient guests only, and which shall not serve as the primary or pennanent
residence of the occupants, Buildings designed as motel apartments shall have not more than
one-third of the total units devoted to apartment suites, Dining rooms and lounges shall be
permitted as accessory uses. Motel apartment suites shall have a minimum gross floor area of
five hundred (500) square feet.
MOTOR VEHICLE - See "AUTOMOBILE",
MOTOR VEHICLE SEATING & INTERIOR TRIM - An establishment primarily engaged
in manufacturing motor vehicle seating, seats, seat frames, seat belts, and interior trimmings,
MOTOR VEHICLE, WRECKED - See "WRECKED MOTOR VEHICLE".
MUL TIFAMIL Y D~TELLINC /. building or other shelter that has been divided into separate
units to house more than one (1) family,
MUL TIPLE-POINT LOCK - Multiple point lock is Is a system of lever-operated bolts that
engage a door opening, at least at the head and sill, operated by a single knob or handle from the
inside and, optionally, bv a cylinder-locked handle from the outside,
MUNICIPALITY - The City of Boynton Beach, Florida.
MURAL - Any mosaic, painting, or graphic art or combination thereof, which is professionally
applied to a building, Such mural shall not contain any brand name, product name, abbreviation
thereof, company or business name or logo, trademark or other commercial message,
MUSEUM, HISTORICAL & CULTURAL - An institution that engages in the preservation
and exhibition of obiects, sites, and natural wonders of historical, cultural, and / or educational
value,
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49
NATIONAL GEODETIC VERTICAL DATUM (NGVD) -l'lational f!.codetie vertical datum
(/VGVD) - a A vertical control used for establishing varying elevations within the floodplain,
NATIVE FLORIDA ECOSYSTEMS - Native Florida Ecosystems: A self-organized ecosystem
of a type existing in Florida prior to European colonization and containing predominantly native
speCles.
NEW CONSTRUCTION - New construction - Structures structures for which the "start of
construction" commenced on or after the effective date of this article,
NEWSRACK - /Vewsraeks, Any type of unmanned device located on ~ property utilized for
the vending of free distribution of newspapers or new periodicals,
NEWSST AND - Newsstand. A stall, booth, or store where newspapers and magazines are sold,
NIGHTCLUB~ - Night Club, See "BAR & NIGHTCLUB", A facility operated as a commercial
establishment in v/hich eating and/or drinking takes place, 'shere alcoholic beverages are served
and where the provision of entertainment is the primary activity, Entertainment includes music by
a live musician or musicians, or any mechanical, electronic, or other means such as records,
laserdiscs, audio, video, or other audio or audio visual means, Including acting, play
performances, dancing, song and dance acts participated in by one or more employees, guests,
customers or other person or persons, ,\11 establishment that provides background music, which
is clearly incidental and allows for normal conversations levels, shall not be considered a night
effilr.
NOVELTY, GIFT, SOUVENIR & MISCELLANEOUS - An establishment primarily
engaged in retailing new gifts, novelty merchandise, souvenirs, greeting cards, seasonal and
holiday decorations, and curios, This use would also include Christmas & holiday shops, tobacco
& news stores, and the like, No used merchandise is sold at these establishments,
NUMBER ,"'lumbcr, 1\ "'lord importing the singular number only may extend and be applied to
several persons and things as well as to one person and thing,
NURSERY SCHOOL AND/OR PRESCHOOL F,A~CILITIES 1\ supervised training
and/or socializing center for children, See "DAY CARE",
NURSERY, GARDEN CENTER, & FARM. SUPPLY - An establishment primarily engaged in
retailing nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod, that are
predominantly grown elsewhere, These establishments may sell a limited amount of a product
they grow themselves.
NURSING HOME OR CONV,-\LESCENT HOME ~ See "GROUP HOME" ,,\ residential
facility \vhich is included under the definition of "nursing home facility", "facility", or "related
health care facility home" as set forth in Chapter 100, Part I, Florida Statutes, except that this
definition shall apply to facilities of any capacity,
April 3, 2007
50
OA TH - GtHh, The word "oath" shall be construed to include an affirmation in all cases in
which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear"
or "sworn" shall be equivalent to the words "affirm" and "affirn1ed,"
OBLIGOR - Any person or entity who is obligated to pay a park and recreation facilities impact
fee pursuant to the city's Park and Recreation Facilities Impact Fee Ordinance,
OCCUP ANT - Occupant - Any person over one year of age living, sleeping, cooking or eating in
or having actual possession of a dwelling unit.
OCCUP A TIONAL LICENSE - See "BUSINESS TAX" /\ license to operate a business,
profession, occupation or other operation '.vithin the city limits, which is issued in accordance
'Nith Chapter 13 of the City of Boynton Beach Code of Ordinances.
OFFICE SUPPLIES & STATIONERY - An establishment primarily engaged in one or more
of the following: (1 ) retailing new stationery, school supplies, and office supplies; (2) selling a
combination of new office equipment, furniture, and supplies; and (3) selling new office
equipment, furniture, and supplies in combination with selling new computers, They exclude the
sale of used merchandise,
OFFICERS / AGENCIES - Officc,vs, agCl~cics. Wherever reference is made in this Code or
Regulations to any officer or agency, such as "city manager," "the mayor," "the city
clerk," "planning and development board," and so forth, such reference shall be construed to
mean such officer or agency of the city and shall include the duly authorized subordinates or
personnel of such officer or agency,
OFF PREMISES SICN ,^. sign advertising an establishment, merchandise, service or
entertainment, which is sold, produced, manufactured and/or furnished, at a place other than the
property on which said sign is located,
OFF-PREMISES STORAGE - Storage which is not located on the same parcel as the principal
use to which such storage is an accessory use,
ON-PREMISES - At the place of business of a particular use, including the entire lot or parcel
and any structure thereon, as opposed to on the customer's premises,
ON PREMISES SICN i\ sign or sign device, indicating the business transacted, services
rendered, goods sold or produced on the premises, including the name of the business, person,
firm or corporation occupying the premises, Such sign shall be located '.vhere the use, for '.vhich
the sign is identifying or advertising, is located.
OPEN SPACE - A required exterior open area clear from the ground to the sky devoid of
residential and commercial buildings, and accessory structures,
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51
OPEN-AIR PAVILION (GAZEBO, TIKI HUT, CHICKEE HUT) - A detached ancillary
structure, open on all sides, with a roof of some tyPe, used for recreation/entertaining purposes.
OPENING - OOC,'iiHK is Is a section of wall into which a door or an operable window is installed,
OR, AND - Or, aNd. "Or" may be read "and," and "and" may be read "or" ifthe sense requires it.
ORGANIZA TION, CIVIC & FRATERNAL - A registered association of persons for the
promotion of some lawful, non-profit common obiective, involving literature, science, politics, or
community service, which meets periodically and is limited to members and guests,
OR~AMENT AL, CHINA, FINE EARTHENWARE, & POTTERY - An establishment
primarily engaged in the manufacturing of earthenware, stoneware, and pottery products, such as
dinnerware, art, and ornamental items.
OUTFALL - A pipe which discharges treated stormwater into waterways,
OUT-PATIENT MENTAL HEALTH & SUBSTANCE ABUSE - An establishment with
medical staff primarily engaged in providing outpatient services related to the diagnosis and
treatment of mental health disorders and alcohol and other substance abuse, These establishments
generally treat patients who do not require inpatient treatment. They may provide a counseling
staff and information regarding a wide range of mental health and substance abuse issues and/or
refer patients to more extensive treatment programs, if necessary, 8ubstooee abuse eeoter. A
facility used primarily for the treatment of indi vi duals for alcohol or drug abuse,
OWNER - That person or legal entity reflected on the public records of Palm Beach County as
the owner of real property upon which a structure has been completed.
PA.CKA..CE LIQUOR STORE PackaKc liQuor store, An establishment ,<"here alcoholic
beverages are dispensed or sold in sealed containers for consumption off the premises.
PACKING & SHIPPING, TRUCKING, AND MOVING - An establishment primarily
engaged in packing, crating, and otherwise preparing goods for transportation, These
establishments provide over-the-road transportation of cargo using motor vehicles, such as trucks
and tractor trailers,
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52
PAINT. COATING & ADHESIVE - An establishment primarily engaged in the mixing and
blending of pigments, solvents, and binders into paints and other coatings, such as stains,
varnishes, lacquers, enamels, shellacs, and water repellant coatings for concrete and masonry.
PAINTED 'VALL 8ICN i\ sign painted on any exterior surface of the building or structure,
including the roof.
PANEL l'..NTENNA Panel antenna an anay of antennas designed to concentrate a radio signal
in a particular area.
PARAPET - The extension of the main walls of a building above the roof level, for the purpose
of safety, screening rooftop equipment, and/or containing roof run-off. A parapet, as defined
herein, is intended to fully encircle/encompass the roof, not be one, or a series of smaller
extensions above the roof line, A false front and/or wall extension above the roof line.
PAR'\PET 8ICN 1\ sign placed completely on the face of a parapet.
PARK - ^ park, An open space, reservation, playground, beach, recreation, center or any other
area in the city, owned, or used by the city, and devoted to active or passive recreation.
PARK A public park \vithin the city that is not mvned or operated by the county,
PARKING LOT - Any outdoor or partially enclosed or enclosed space, plot, yard or any portion
thereof, which is utilized for the parking or storage of vehicles, upon which two (2) or more
parking stalls are constructed, (Parking facilities designed for detached single-family homes or
duplex units with a maximum of four parking stalls are exempted from this definition,)
PARKING SPACE (STALL) - A surfaced area, enclosed or unenclosed, sufficient in size
designed to store one automobile, together with a driveway or drive aisle connecting the parking
space with a street or alley and permitting ingress and egress of an automobile,
PARKING SPACE. TANDEM - Provisions within certain zoning districts allowing the +he
l21acement of parking spaces one behind the other, so that the space nearest the driveway, aisle, or
street access serves as the only means of access to the other space,
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53
PARKINC STALL /\ surfaced area, enclosed or unenclosed, sufficient in size to store one ill
vehicle automobile with a minimum width of nine (9) feet and a minimum length of eighteen (18)
feet
PARKING STRUCTURE - A structure or portion thereof composed of one (1) or more levels of
floor used for the parking of motor vehicles, A parking structure may be fully below grade or
either partially or fully above grade with floors or levels being either open or enclosed,
PARKING STRUCTURE, WRAPPED - Wrapped parking st,"ucture, A parking structure that
is en'.'eloped fullv or partiallv wrapped with habitable or leaseable space to disguise the actual
function of the structure, A fully wrapped parking structure is one in which the garage
component, other than the access drive, cannot be seen from any elevation, A partially wrapped
parking structure is one in which the garage component extends above the habitable or leaseable
space and can be seen from one (1) or more elevations,
PAR.l{INC, TANDEM The placement of parking spaces one behind the other, so that the
space nearest the drive\vay, aisle, or street access serves as the only means of access to the other
~,
PASSENCER C'\R RENTAL Establishments primarily engaged in renting passenger new or
old automobiles without drivers on a short term basis, This term excludes those establishments
engaged in passenger car retail leasing and taxi and limousine services,
PARTIES IN INTEREST - Parties in interest All individuals, associations, partnerships,
corporations and others who have interest in a dwelling or who are in possession or control
thereof, as agent of the owner, as executor, executrix, administrator, administratrix, trustee or
guardian of the estate of the owner.
PAWN SHOP - ^ shop where money is lent in exchange for personal property left as security.
See "MERCHANDISE, USED",
PERMANENT CONTROL POINT (PCP) - "Permanent control point" shall be considered a
reference monument as outlined within these regulations,
PEAK SE,A..SON POPULATION The year round population of the Q!y city, Palm Beach
County, the development project, or other portion of the city or county, us the context may
require, using the methodology set forth in the comprehensive plan support documents,
PERIl\IETER The entire outer boundary of the sign, not including the supporting structural
members,
April 3, 2007
54
PERMANENT REFERENCE MONUMENT (PRM) - A permanent reference monument
which must consist of a metal rod having a minimum length of 18 inches and a minimum cross-
section area of material of 0,2 square inches, In certain materials, encasement in concrete is
optional for stability of the rod, When used, the concrete shall have a minimum cross-section of
12,25 square inches and a minimum of 24 inches long. The PIU\1 shall be identified with a
durable marker or cap with the point of reference marked thereon bearing either the Florida
registration number of the professional survey and mapper in responsible charge or the certificate
of authorization number of the legal entity, which number shall be preceded by LS or LB as
applicable and the letters "P.R.M,". The PRM shall also be detectable with conventional
instruments for locating ferrous or magnetic obiects, If the location of the "P.R,M," falls in a hard
surface such as asphalt or concrete, alternate monumentation may be used that is durable and
identifiable,
PERMITTED USE - See "USE. PERMITTED",
PERMITTEE - Under the Sidewalk Cafe provisions of these regulations, it shall be the lawful
holder of a sidewalk cafe permit obtained pursuant to the terms and provisions of these
regulations this article.
PERSON - Any natural person, firm, co-partnership, association or corporation,
PERSONAL CARE (BEAUTY, HAIR, NAILS - An establislunent primarily engaged in one or
more of the following: (1) providing hair care services; (2) providing nail care services; (3)
providing facials or applying makeup ( except permanent makeup); (3) tanning salons and the like;
and (4) day spas, including accessory massage / aromatherapy.
PERSONAL WIRELESS SERVICE - Commercial mobile services, unlicensed wireless
services, and common carner wireless exchange access Sef\'ICeS, as defined 111 the
Telecommunications Act of 1996, as amended from time to time,
PET CARE (BOARDING AND DA YCARE) - An establishment primarily engaged in the
keeping of animals for short-term purposes ( daycare) or for extended periods of time (boarding),
This use excludes indoor / outdoor commercial kennels, animal shelters (dog pound), and
breeders,
PET CARE (GROOMING) - An establislunent engaged in grooming and / or training pets, It
excludes overnight boarding, pet sitting, and veterinary services,
PET CARE (VETERINARY SERVICES) - An establislunent of licensed veterinary
practitioners that is primarily engaged in the practice of veterinary medicine, dentistry, or surgery
for animals; and an establishment primarily engaged in providing testing services for licensed
veterinary practitioners, This use excludes indoor / outdoor commercial kelmels,
PET STORE & SUPPLIES - An establislunent primarily engaged in retailing pets, pet foods,
and pet supplies, Pet grooming and veterinary services (excluding boarding) are permitted
accessory uses,
PHARMACEUTICAL & MEDICINE - An establislunent primarily engaged in one or more of
the following: (1 ) manufacturing biological and medicinal products; (2) processing (i,e" grading,
April 3, 2007
55
grinding, and milling) botanical drugs and herbs; (3) isolating active medicinal principals from
botanical drugs and herbs; and (4) the collection, destruction, disposal, or other related processes,
PHARMACY & DRUG STORE - An establishment primarily engaged in retailing prescription
or nonprescription drugs and medicines.
PHOTOGRAPHY STUDIO - An establishment also known as a portrait studios is primarily
engaged in providing still, video, or digital photography services,
PLACES OF 1A..SSEMBL Y Buildings and facilities on a lot or parcel of land specifically
designed for assembly, '.",hich may include churches, temples, and other places of worship;
theatres, auditoriums, conference centers, clubs, lodges, and fraternal organizations,
PLANNED COMMERCIAL DEVELOPMENT (PCD) - Land under unified control,
uniformly zoned, planned, approved and developed as a single development operation or as a
programmed series of phased development operations for commercial buildings and related uses
and facilities in accordance with an approved master plan. Land under unified control, planned
and de'.'eloped as a '.",hole in a single development operation or a programmed series of
development operations for commercial buildings and related uses and facilities; provides for a
commercial district of efficient and harmonious design so arranged as to create an attractive
project readily integrated '.'lith and having no adverse effect on adjoining or surrounding areas and
de'.'elopments; is developed according to comprehensive and detailed plans for streets, utilities,
lots, building sites, etc" and site plans, floor plans and elevations for all buildings intended to be
located, constructed, used and related to one another, and detailed plans for other uses and
impro';ements on the land related to the buildings; and includes a program for full provision,
maintenance and operation of such areas, improvements, facilities and services for common use
by the occupants of the planned commercial development.
PLANNED INDUSTRIAL DEVELOPMENT (PID) - Land under unified control, uniformly
zoned, planned, approved and developed as a whole in a single development operation or a
programmed series of phased development operations for industrial buildings and related uses and
facilities, in accordance with an approved master plan. Land under unified control, planned and
developed as a whole in a single development operation or an approved programmed series of
development operations for industrial buildings and related uses and facilities; provides for an
industrial district of efficient and harmonious design so arranged as to create an attracti';e project
readily integrated with and having no adverse effect on adjoining or surrounding areas and
developments; is developed according to comprehensi';e and detailed plans for streets, utilities,
lots, building sites, etc, and site plans, floor plans and elevations for all buildings intended to be
located, constructed, used and related to one another, and detailed plans for other uses and
improvements on the land related to the buildings; and includes a program for full provision,
maintenance and operation of such areas, impro';ements, facilities and services for common l:t5e
by the occupants of the PID, but 'Nill not be provided, operated or maintained at public expense,
PLANNED UNIT DEVELOPMENT (PUD) - Land under unified control, uniformly zoned,
planned, approved and developed as a whole in a single development operation or a programmed
series of phased development operations for dwelling units and accessory uses and facilities, in
accordance with an approved master plan, Land under unified control, planned and developed as
a whole in a single development operation or an approved programmed series of development
operations for dv,'elling units and related uses and facilities; includes principal and accessory uses
April 3, 2007
56
and structures substantially related to the character of the development itself and the surrounding
area of which it is a part; is developed according to comprehensive and detailed plans which
include streets, utilities, lots, building sites and the lilce and site plans, floor plans and elevations
for all buildings except for single family homes intended to be located, constructed, used and
related to one another, and detailed plans for other uses and improvements on the land related to
the buildings; includes a program for full pro'/ision, maintenance and operation of such areas,
improvements, facilities and unit development, but '.vill not be pro'.'ided, operated or maintained
at public expense.
PLANNED ZONING DISTRICT - A zoning district in which the zoning of the property to
same is accompanied by and conditioned upon an approved master plan for the use and / or
development of the property,
PLASTIC PRODUCTS - An establishment primarily engaged in processing and fabricating
new or recycled plastic resins into a variety of intermediate or final products, using such processes
as molding and casting.
PLA T - A map or delineated representation of the combining, or subdivision of lands, being a
complete, exact representation of the subdivision and other information in compliance with all
requirements of all applicable provisions of Chapter 177, Fla, Stat., and may include the terms
"record plat", "replat", amended plat", or "revised plat", /\ map depicting the division or
subdivision ofland into lots, blocks, parcels, tracts or other portions in accordance with Chapter
177, Florida Statutes, as amended,
BOUNDARY - A map or delineated representation for recordation of the combination of
multiple pieces, tracts or lots into a single parcel for development purposes prepared,
approved, and recorded in accordance with the requirements and procedures for a plat
pursuant to Chapter 177, Fla, Stat.
PL.A.. T FINAL - A finished plat including all signatures required for recordation except
those signifying approval by the City, _l. finished map of a subdivision accurately
showing all legal requirements of Chapter 177 F,S, and the requirements of this
ordinance,
PRELIMINARY - A copy of the plat in sufficient form to readily compare the plat with
the development plan, subdivision plan and the construction plans,
PLAT OF RECORD - A plat which conforms to the requirements of the applicable state
laws and City codes, and is subsequently recorded in the Public Records of Palm Beach
County, Florida, ^ recorded final plat.
PLUMBING - Includes all of the following supplied facilities and equipment: Gas pipes, gas-
burning equipment, water pipes, garbage disposal units, waste pipes, toilets, sinks, installed
dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins,
drains, vents and any other similar supplied fixtures, together with all connections to water, sewer
or gas lines.
POINT OF COMPOUND CURVATUR- See "SURVEY DATA",
ApnI 3, 2007
57
POINT OF CURV A TURE- See "SURVEY DATA",
POINT OF REVERSE CURV ATURE- See "SURVEY DATA",
POINT OF TANGENCY- See "SURVEY DATA",
POLITICAL SICN "A. sign erected by a political candidate, group or agent thereof, for
political purposes,
POST OFFICE - A government operated facility that provides mail delivery services, post office
boxes, offices, vehicle storage areas, and sorting and distribution facilities for maiL
POST AL / MAIL CENTER - An establishment primarily engaged in providing packing /
shipping services, mailbox rental and other postal and mailing services (except direct mail
advertising) in coni unction with sales ofrelated merchandise / supplies.
PREMISES A parcel ofland comprised of one (1) or more lots for which a site plan has been
approved, if required, by the appropriate governmental body, If site plan approval is not required,
the word "premises," for the purpose of these regulations, shall mean a parcel of land, \vith its
appurtenances and buildings, comprised of one (1) or more lots having unity of use.
PREMISES Prcmises A platted or unplatted lot or parcel ofland either occupied or unoccupied
by any structure,
PRESERV A TION - The perpetual maintenance of areas in their original state,
PRINCIPAL USE -. See "USE, PRINCIPAL",
PRIV A TE CL UB, LODCE, AND FRATERNAL ORCANIZA TION Pri'.'atc Clubs, Lodf[cS
and Fratcrnal Organizations, A facility used to house a registered non profit or not for profit
social, sports or fraternal organization for the primary purpose of having private meetings for their
membership, and may include the serving of meals and/or alcoholic beverages for the exclusive
use of the members and their guests, and v.'here access to the general public is restricted,
PRIVA TE COMMUNITY ANTENNA SYSTEM /\ system of equipment designed to receive
and distribute tele','ision and radio signals serving a minimum of ten (10) residential units in a
condominium or nonprofit homeowners' association,
PROFESSIONAL OFFICE - See "BUSINESS OR PROFESSIONAL OFFICE",
PROFESSIONAL SURVEYOR AND MAPPER - See "SURVEYOR AND MAPPER,
PROFESSIONAL"
PROFILE, LEAST VISUALLY OBTRUSIVE - The design of a wireless communication
facility intended to present a visual profile that is the minimum profile necessary for the facility to
properly function,
April 3, 2007
58
PROHIBITED USE - "See USE, PROHIBITED",
PROPERTY OWNERS' ASSOCIATION (POA) - An organization under the laws of the State,
operated under recorded maintenance and ownership agreements through which each owner of a
portion of a development or subdivision, be it a lot, home, property or any other interest, is
automatically a voting member, and each such member is automatically subiect to a charge for a
prorated share of expenses, either direct or indirect, for maintaining common properties within the
development or subdivision, such as roads, parks, recreational areas, common areas, and other
similar properties. A property owners' association is considered to be a single entity for property
ownership as it relates to platting, The term "property owners association" shall also be deemed
to include a homeowners association, condominium association or cooperative (apartment)
association, as defined in Chapter 711 , Fla. Stat., as amended, having a life tenure ofnot less than
twenty (20) years; as well as a third party having an agreement with a condominium or
cooperative association as permitted by Chapter 711, Fla, Stat., as amended, An organization
operated under recorded maintenance and ownership agreements made up of every oVl'I1er of a
portion of a subdi'.'ision, Each owner is automatically a voting member and subject to a prorated
shure of the common property maintenance costs, A property O'Nners' association, as used in this
ordinance, is S)TIon)mous with homeowners' association and/or condominium association as
defined in Chapter 711, Florida Statutes, 1971, as amended,
PRM - See "PERMANENT REFERENCE MONUMENT".
PUBLIC AGENCY - Any government or governmental agencv, board, commission, authority or
public body of Palm Beach County, the State of Florida, or of the United States government, or
any legally constituted governmental subdivision or special district.
PUBLIC ART FUND - means a - A separate, interest bearing account set up by the City to
receive monies for the Art in Public Places Program.
PUBLIC FACILITIES - Capital facilities for water, sewer, drainage, solid waste, parks,
recreation and roads, for which levels of service have been established in the comprehensive plan,
PUBLIC HALL Public hall - iillY Any hall, corridor or passageway not within the exclusive
control of one family,
PUBLIC RICHT OF \VAY The land 'Nhich is dedicated for pedestrian or automotive traffic
or 'Nhich is dedicated for access to utilities and is, or is intended to be, permanently open for these
l:t5e:r.
PUBLIC UTILITY - Includes any public or private utility, such as, but not limited to, storm
drainage, sanitary sewers, electric power, water service, gas service, or telephone line, whether
underground or overhead, Every person, corporation, partnership or association or other legal
entity, their lessees, trustees or receivers now or hereafter, either owning, operating, managing or
controlling a system or proposing construction of a system that is providing or proposes to
provide ..vater or sewer service, electricity, natural or manufactured gas, or any similar gaseous
substance, telephone, telegraph or cable TV service to the public for compensation,
April 3, 2007
59
PUBLISHING AND COMMERCIAL PRINTING - An establishment known as a publisher or
commercial printer is engaged in the publishing and / or printing of newspapers, magazines,
books, other periodicals, as well as directory, mailing list, and software publishing and print
products. Print products may include stationery, business forms and other materials, The
processes used in printing or reproduction may include a variety of methods used to transfer an
image from a plate, screen, film, computer file, or other medium to paper, plastics, metal, textile
articles, or wood, Support activities include data imaging, p]atemaking services, and
bookbinding,
PYLON SICN A sign that is mounted on a freestanding pole(s) or other freestanding support so
that the bottom edge of the sign face is six feet or more above grade,
RADIO & TV BROADCASTING - An establishment primarily engaged in operating broadcast
studios and facilities for over-the-air or satellite delivery of radio and television programs,
RADIO FREQUENCY EMISSIONS - Any electromagnetic radiation or other communications
signa] emitted from an antenna or antenna-related equipment on the ground, antenna support
structure, building, or other vertical proiection,
READER BOARD SIGN - See "SIGN, CHANGEABLE COpy Changeable Copy Sign,"
REAL EST A TE BUSINESS - An establishment primarily engaged in the renting or leasing of
real estate to others; managing rea] estate for others; selling, buying, or renting rea] estate for
others; and providing other rea] estate related services, such as appraisal services,
REAL ESTATE SICN Any sign erected by an ovmer, or his agent, advertising the real
property upon which the sign is located as for rent or sale, Such sign shall not include rooming
house signs,
REAL PROPERTY - The portion of the land or buildings contained in a legal description setting
forth the boundaries of such property and ]egally acknowledged under the laws of the State of
F]orida and Palm Beach County,
RECLAMA TION - The fi]ling, backfilling, restructuring, reshaping and / or revegetation within
and around a land excavation or filling area to a safe and aesthetic condition.
RECREA TION AND ENTERTAINMENT, OUTDOOR - Rcc,~catioN and cntertainmcnt.
outdoor. An outdoor area which is principally used for active or passive recreation, and which is
operated on a for-profit basis. Such uses include tennis centers and swimming pools,
RECREA TI 0 N AL FACILITY - Any bui ]ding or structure designated for recreational purposes
such as games, sports, etc, and including adjacent property included for such use,
RECREA TIONAL VEHICLE - A travel trailer, camp trailer, chassis mount camper or motor
home, as defined by the rules of the Florida Department of Highway Safety and Motor Vehicles.
April 3,2007
60
REFERENCE POINT - Any defined position that is or can be established in relation to another
defined position,
REMODELING OR CONVERSION - Under the Arts in Public Places Program provisions of
these regulations, they are the alterations Alterations made to a building within any twelve month
period, including, but not limited to, changes to the facade of a building, changes to the interior of
a building, increases or decreases in the floor area of a building and changes to exterior
improvements (in connection "'lith the Art in Public Places Program),
REMOV AL Removal: "Removal of trees" also includes any intentional or negligent act which
will cause a tree to decline and die within a period of three (3) years including, but not limited to,
such damage inflicted upon the root system of a tree by the operation of heavy machinery; the
change of the natural grade above the root system of a tree or around the trunk of a tree; and
damage from iniury or from fire inflicted on trees which results in or permits infections or pest
infestations.
RENT AL / LEASING. INDUSTRIAL & COMMERCIAL EQUIP - An establishment
primarily engaged in renting or leasing commercial-type and industrial-tyPe machinery and
equipment. These establishments tvpically cater to a business clientele and do not generally
operate a retail-like or store-front facility,
RENT ALS. RECREATIONAL (BICYCLES. CANOES. PERSONAL W A TERCRAFf)-
An establishment primarily engaged in renting recreational goods, such as bicycles, canoes,
mopeds, skis, beach chairs, beach umbrellas, and the like. This use excludes the rental of boats
and large marine vessels / accessories,
REPAIR / MAINTENANCE. INDUSTRIAL AND COMMERCIAL EQUIPMENT - An
establishment primarily engaged in the repair and maintenance of commercial and industrial
machinery and equipment. This use excludes junk, salvage, and tow yards,
REP AIR / MAINTENANCE. PERSONAL AND HOUSEHOLD GOODS- An establishment
primarily engaged in repairing and servicing personal or household-type goods, such as garments
(tailors & dressmakers); watches; jewelry; musical instruments; bicycles and other fitness
equipment; and including but not limited to: (I) reupholstering furniture; (2) refinishing furniture;
and (3) repairing and restoring furniture,
REPAIR. RENTAL. & MAINTENANCE OF HOME / GARDEN TOOLS - An
establishment primarily engaged in the repair, rental/leasing, or maintenance / servicing of home
and garden equipment, without retailing new home and garden equipment, such as lawnmowers,
handheld power tools, edgers, leaf-blowers, and trimmers.
REP AIR. RENTAL. & MAINTENANCE OF OFFICE. HOME EQUIP - An establishment
primarily engaged in the repair, rental/leasing, or maintenance / servicing of office machinery
and related equipment, such as computers, office furniture, duplicating machines (i,e" copiers), or
facsimile machines.
REPLACEMENT - See "MITIGATION".
RESEARCH & DEVELOPMENT. SCIENTIFIC / TECHNOLOGICAL - An establishment
engaged in conducting original investigation undertaken on a systematic basis to gain new
April 3, 2007
61
knowledge (research) and/or the application ofresearch findings or other scientific knowledge for
the creation of new or significantly improved products or processes ( experimental development ),
RESIDENT POPUL'\TION The year round population of the city, Palm Beach County, the
development project, or other portion of the city or county, as the context may require, using the
methodology set forth in the comprehensive plan support docuIneflts.:.
RESIDENTIAL ZONING DISTRICT - All R-1AAA, R-IAAB, R-1AA, R-IA, R-l, R-2 and
R-3 zoning districts, and those planned unit developments where the predominant land use on the
approved master plan is residential.
REST AURANT - An establishment engaged in preparing, selling, and / or serving food and
beverage items, Food and drink may be consumed on premises, delivered, and taken out (via
pick-up or carry-out). Alcoholic beverages may be sold in combination with selling food but
ultimately, the sale of food constitutes more than 51 % of its monthly gross revenue. AH
establishment with an on site commercial kitchen where food and drink are prepared and served,
and are consumed primarily at tables on site, A restaurant may serve alcoholic beverages as a
secondary activity.
REST AURANT. TAKE-OUT - An Establishment engaged in preparing and selling food and
beverage items for consumption off the premises, via pick-up, carry-out, or delivery, Alcoholic
beverages may be sold in combination with selling food but ultimately, the sale of food
constitutes more than 51 % of its monthly gross revenue,
RESTRICTIVE COVENANT AND AGREEMENT - The covenants that govern the initial
sale and rental and subsequent resale and releasing of Workforce Housing Units created under the
Workforce Housing Program, The tenn of the Restrictive Covenant and Agreement is thirty (30)
years,
RET,'\IL The sale of goods only to household consumers, or office or professional equipment
and supplies, for use in offices or any other sale in the form of personal property,
REZONING - The legal process by v.'hich changes are made to the boundary or boundaries of a
zoning district( s) or where a new boundary or boundaries are established for a zoning district(s),
This process is knovm herein as a district boundary change,
RIGHT-OF-WAY - Land dedicated, deeded, used or to be used for a street, alley, walkway,
boulevard, drainage facility, access for ingress and egress, or other purpose by the public, certain
designated individuals, or governing bodies. ^ strip ofland dedicated or deeded in perpetuity to
the public or a property owners association,
RICHT OF "'A Y shall mean land in which the state, the Florida Department of Transportation,
Palm Beach County or the City of Bovnton Beach owns or has an agreement devoted to or
required for use as a transportation facility or street.
RO,A..D'VAY That portion of a high\vay improved, designed or ordinarily used for vehicular
travel, exclusive of the berm or shoulder. In the event a highway includes t..\'o or more separate
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62
road'.vays, the term "roadv.'ay" as used herein refers to any such roadway separately, but not to all
such roadways collectively,
ROOFSICN A sign erected upon or above a roof of a building, or above or partially abo'.'e a
pampet of a building,
ROOFLINE Roojline - The overall ridge line of the structure which does not include cupolas,
elevator towers, clock towers or other features that are permitted to exceed the maximum height
of the building,
RUBBER PRODUCTS - An establishment primarily engaged in the processing and fabricating
of natural, synthetic, or reclaimed rubber materials into a variety of intermediate or final products,
excluding tire and inner tube manufacturing, retreading, and rubber reclaiming,
RUBBISH - Rubbish - aU All combustible and noncombustible waste except garbage,
RUNOFF - Precipitation discharge into waterways, The water that f10ws off the surface of the
land without sinking into the soil is called surface runoff Water that enters the soil before
reaching waterways is called groundwater runoff or seepage flow from groundwater.
SAFETY SIGN / WARNING SIGN - See "SIGN, SAFETY" A D,Q,T, approved sign erected
to identify a special safety or 'Naming message relating to that pm1icular location or area,
SALE OF COODS Sale, rental or leasing of goods,
SAND DUNES - Srmd dunes - natumllv Naturally occurring accumulations of sand in ridges or
mounds landward of the beach,
SA TELLITE EARTH STATION - A single or group of parabolic (or dish) antennas mounted
to a support device that may be a pole or truss assembly attached to a foundation in the ground, or
in some other configuration, including the associated ground equipment and cabinets,
SCHOOL, OTHER - An establishment primarily engaged in offering training in business and
computer skills, cosmetology, management, and the like. This use may also include
establishments primarily engaged in offering an array of short duration courses and seminars.
SCHOOL, PRIMARY AND SECONDARY - A public, private, or parochial school offering
instruction at the elementary, iunior, or high school level in the branches of learning and study
required to be taught in schools within the State,
SCHOOL, TECHNICAL & TRADE - An establishment primarily engaged in offering iob or
career vocational or technical courses, The curriculums offered by these schools are highly
structured and specialized and lead to job-specific certification,
SECURITY SERVICES - An establishment primarily engaged in (1) the installation and
monitoring home / business alarm systems; (2) guard and patrol services; and / or (3) picking up
and delivering money, receipts, or other valuable items with personnel and equipment to protect
such properties while in transit.
Apnl 3, 2007
63
SELF SERVICE STORACE FACILITY (MINI \V ARE HOUSES) ,'\11 enclosed storage
facility of a commercial nature containing independent, fully enclosed bays 'Nhich are leased to
persons exclusively for dead storage of their household goods, personal property, or records for
commercial businesses. Except as other.vise al\o'.ved by Section 11,0 Self Service Storage
Facilities (Mini warehouses) of the Zoning Code, storage bays shall not be used to manufacture,
fabricate or process ser.'ice or repair vehicles, boats, small engines or electrical equipment, or to
conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any
other commercial or industrial activity on the site, The term "Self Service Storage Facilities"
includes the following: Limited access self storage facilities, \vhich have limited access points
from the exterior of the building to interior halls that serve individual storage bays; and, multi
access self storage facilities, which have multiple access points from the exterior of the building
to individual bays and may ha','e one access point for each storage bay.
SELF SUPPORT I LATTICE TO\VER Self sblpport/lattice tower A telecommunication
tower that is constructed \vithout guy wires and ground anchors,
SETBACK ,,\ line running a certain distance back from and parallel to the base, front, side or
rear property line which provided the separation wherein no bui Iding, structure or portion thereof
shall be pem1itted, erected, constructed or placed unless specifically permitted by the Code,
SE\VER/ SEPTIC & WASTE MGMT CLEANING - An establishment primarily engaged in
( 1) pumping (i,e" cleaning) septic tanks and cesspools and/or (2) renting and/or servicing portable
toilets. This use also includes establishments primarily engaged in providing waste management
services such as sewer, catch basin, and grease trap cleaning,
SEWERAGE SYSTEM, CENTRAL - A system of pipes, pumps, tanks, etc, for the collection
and disposal of sewage, in accordance with the requirements of requisite government agencies,
SEWERAGE SYSTEM, INDIVIDUAL - Pipes, tanks and subsurface absorption field, or other
approved treatment device, for handling and disposing of sewage wastes for a single user.
SHEL TER - Shelter, A facility, which is not a hotel or motel, used primarilv for providing free
or very low-cost short-term lodging for individuals who would otherwise be homeless.
SHOOTING RANGE, INDOOR - The commercial use of a building or structure for archery
and / or the discharging of firearms for the purposes of marksmanship, recreation, or temporary
competitions, A facility designed or used for shooting at targets with rifles, pistols, arrow, or
shotguns, and which is completely enclosed within a building or structure,
SHOPPING CENTER - A group of retail commercial and/or service establishments planned,
developed, managed and operated as a unit.
SHRUBS "Shrubs": Sh.-ub shall mean a bushy, woody plant, usuallv with several permanent
stems, and usually not over ten (10) feet high at its maturity.
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64
SIDEW ALK - shall mean that That portion of the right-of-way which is located between the
curbline or the lateral line of a street and adiacent property line and which is intended for use by
pedestrians.
SIDEW ALK CAFE - Chairs and tables temporarily placed within the sidewalk area that directly
abut a business operating as a RESTAURANT shall mean the placing, 10catinJ:::, or permitting of
the placing and locating of chairs and tables \vithin the sidewalk area adjacont to a business
licensed to operate as a restaurant or a nightclub as defined in the Code,
SIDE'VALK OR S}'..ND~lICH SICN ,A, moveable sign not secured or attached to the ground,
SIGHT DISTANCE - The minimum extent of unobstructed vision in a horizontal and vertical
plane.
SIGHTSEEING & SCENIC TOURS- A business office for an operation that utilizes
transportation equipment to provide recreation and entertainment. The activity is local in nature,
usually involving a same-day return to the point of departure,
SICN Every billboard, ground sign, wall sign, roof sign, illuminated sign, projecting sign,
temporary sign, marquee, a..vning and canopy, and shall include any announcement, declaration,
demonstration, display, illustration or insignia used to advertise or promote the business or other
interests of any person or entity \,<,hen placed out of doors in vie\v of the general public,
SIGN - ~ Includes any letter, figure, character, mark, plane, point, marquee sign, design,
poster, pictorial, picture, banner, stroke, stripe, line, trademark or reading material which shall be
constructed, placed, attached, painted, erected. fastened, manufactured or displayed in any manner
\vhatsoever for the purpose of infonning of or advertising about the nature, tyPe or quality of
goods, services or activities available; or to advertise the name of any firm, corporation business
or any other enterprise, or its nature, tyPe or quality of goods, services or activities; or to attract to
or identify any of the aforementioned or by its nature, act to draw attention to a business, &rery
sign shall be classified and shall conform to the requirements set forth in this chapter.
ABANDONED - Sign which no longer identifies or advertises a bona fide activity, where
the activity has been abandoned or does not possess a current occupational license,
ADVERTISING STRUCTURE - A sign structure erected or intended for advertising
purposes, with or without advertisement display thereon, situated upon or attached to real
property,
ANIMA TED OR FL UTTERING - A sign \vhich uses devices to generate movement by
either mechanical, electrical or natural methods,
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65
BLADE- A small, pedestrian oriented sign that proiects perpendicular from the building
or is hung beneath a canopy/covered walkway,
BUS BENCH - A bench or seat with graphics, symbols and/or copy affixed against any
surface,
BUS SHELTER - Graphics, symbols and/or copy affixed to any surface of a public
transit shelter.
CHANGEABLE COpy - A sign of permanent character, but with removable letters,
words or numerals, indicating the names or persons associated with, or events conducted
upon, the premises upon which a sign is erected. This sign may be erected as a part of a
freestanding sign,
COMBUSTIBLE - Any sign or sign structure which will ignite or support flames and
which has a low flame point. Prime examples of combustible signs would be wood, non-
U.L approved plastics, cloths, etc.
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66
COVERED W ALKW A Y AND ARCADE 8IbN - A sign which is perpendicular to the
building face and is suspended from, attached to, supported from or forms part of, a
covered walkway and is rigid.
DIRECTIONAL - (1) On-premises, incidental signs designed to guide or direct
pedestrians or vehicular traffic. (2) Signs erected or permitted by the city, Palm Beach
County, State of Florida or the United States Government or agency thereof, for the
direction or safety of the public. (3) A sign, noticeLor symbol as to the time and place of
regular civic meetings and religious services.
DIRECTORY - A freestanding or flat sign listing only the name and/or use or location
of more than one (l) business, activity or profession conducted within a building, group of
buildings or commercial center.
DOOR - See "SIGN, WINDOW".
DOUBLE FACED - A sign with two (2) faces which are back to back with no more than
a forty-five (45) degree angle between the faces.
ELECTRICAL - A sign or sign structure in which integral electric wiring, connections
and/or fixtures are used and connected to an electric source and meeting the requirements
of the National Electrical Code.
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67
FIXED PROJECTION SIGN- A sign, other than a flat sign, which extends outward
for more than eighteen (18) inches from the facade of any building and is rigidly affixed
thereto.
FLASHING - A sign, either fixed or portable, which uses or contains intermittent or a
sequential flashing light source with the exception of a time or temperature sign or Dow
Jones average sign which is part of a permitted commercial sign.
FLA T - A sign erected parallel to, and extending not more than eighteen (18) inches
from, the facade of any building to which it is attached and supported throughout its entire
length by the facade of the building and not extending above or beyond the building.
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FREEST ANDING - A monument or ground-mounted sign identifying the use of the
property upon which it is located. Ground-mounted signs may be supported by one or
more poles, provided that the bottom of the sign or cabinet is no more than two (2) feet
above grade and that the poles and complete length of the sign or cabinet are clad in the
same or like material, completely to the ground. Alternatives to the cladding requirement
may be considered if the design of the sign conforms to the architectural design of the
building(s).
GOVERNMENT- Any temporary or permanent sign erected and maintained by the
city, county, state or federal government or any of their legal entities.
GROUND - Any sign, other than a pole sign, in which the entire bottom is in contact with
or is close to the ground and is independent of any other structure.
IDENTIFICATION - A non-illuminated sign affixed to the rear ofa building bearing the
business name and/or address of the occupant, with an area not exceeding three (3) square
feet.
ILLUMINATED - Any sign which has characters, letters, figures, designs or outline
illuminated by electric lights or luminous tubes as a part of the sign proper.
April 3, 2007
69
MONUMENT - A freestanding sign situated directly on the ground or mounted
completely along the bottom of the sign cabinet to a low-profile base or pedestal.
OFF-PREMISES - A sign advertising an establishment, merchandise, service or
entertainment, which is sold, produced, manufactured and/or furnished, at a place other
than the property on which said sign is located.
ON-PREMISES - A sign or sign device, indicating the business transacted, services
rendered, goods sold or produced on the premises, including the name of the business,
person, firm or corporation occupying the premises. Such sign shall be located where the
use, for which the sign is identifying or advertising, is located.
PAINTED'V,A..LL /\ sign painted on any exterior surface ofthc building or structurc,
including thc roof.
PARAPET - A sign placed completely on the face of a parapet.
~.r
PERIMETER - The entire outer boundary of the sign, not including the supporting
structural members.
CUSTOMARY PLAQUE, (CUSTOMARY) - A sign identifYing the address, operator's
name or activity taking place within the facility, not to exceed two (2) square feet in area.
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70
POLITICAL SIGN- A sign erected by a political candidate, group or agent thereof, for
political purposes.
PROJECTING - A sign attached to, and projecting at a right angle from, a building face
or wall and maintained wholly 011 private property.
PYLON SIGN - A sign that is mounted 011 a freestanding pole(s) or other freestanding
support so that the bottom edge of the sign face is six feet or more above grade.
REAL ESTATE SIGN- Any sign erected by an owner, or his agent, advertising the
real property upon which the sign is located as for rent or sale. Such sign shull not includc
rooming house signs.
ROOF - A sign erected upon or above a roof of a building, or above or partially above a
parapet of a building.
SAFETY I \V,A~R..~INC SICN - A D.O.T. approved sign erected to identify a special
safety or warning message relating to that particular location or area.
SIDEWALK OR SANDWICH 8IbN - A moveable sign not secured or attached to the
ground.
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SNIPE - A sign of a temporary nature which is mounted to stakes or other objects, which
is utilized to advertise or display matter.
SPECIAL EVENT - A sign which carries a message regarding a special event or
function which is of general interest to the community and sponsored by a not-for-profit
civic, religious, school or governmental organization.
TEMPORARY BUSINESS IDENTIFICATION - A non-permanent, on-premise sign
identifying a business location.
TEMPORARY CONSTRUCTION - A sign identifying the owners, contractors,
receivers, lenders and suppliers on the property where the sign is located during the
construction period. Such sign may not be permitted prior to the issuance of a valid
building penllit for the specific site and must be removed within ten (10) days after the
building pern1it has been finalized.
VEHICULAR - A sign or sign structure attached or affixed in any manner in or to any
wheeled vehicle for the purpose of advertising that business to which the sign refers,
excluding such signs attached or affixed to public transportation vehicles for business
advertising purposes when such vehicles belong to a fully licensed public transportation
company. A vehicle shall not be used to circumvent this sign code. Vehicles with
vehicular signs shall be parked in the rear of commercial or industrial establishments.
WALL - A sign containing copy, graphics, symbols and/or letters placed on the wall
surface itself.
WARNING - See "SIGN, SAFETY".
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WINDOW / DOOR SICN - Any sign which is painted on, applied to, attached to,
hanging in or projected upon or within, the exterior or interior of a building glass area,
including doors. For clarification purposes, signs in this definition include, but are not
limited to, any identification, message, symbol, insignia, visual representation, logo type
or any other form of communication.
YARD SIGN - A temporary sign, not to exceed four (4) square feet, which identifies a
safety feature related to the particular lot, such as "Home Security", "Beware of Dog", or
"Keep off the Grass".
SIGN, AREA ()F - The area enclosed by the perimeter of the sign including all background
material, panel, trim and color that differentiates the sign from the building, structure or object to
which the sign is attached. If the sign is composed of individual letters or symbols using the wall
as the background with no added decoration, the area is the sum of the areas of the smallest
contiguous rectangles containing a letter, symbol or continuous line or lines of advertising
matter. Note: Double faced signs are calculated as single faced until there is more than a forty-
five (45) degree angle between faces.
SIGN CONTRACTOR, ELECTRICAL - A person licensed to install, repair, alter, add to or
change, any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs
and is qualified to erect signs and connect to an existing sign circuit.
SIGN CONTRACTOR, NON-ELECTRICAL - A person licensed by the city to install, repair,
add to, paint or change non-electrical signs.
SIGN FACE - The part of the sign that is or can be used for advertising purposes. Shall mean the
surface of the sign upon, against or through which the message is displayed or illustrated on the
~
SIGN, ERECT- To build, construct, attach, hang, place, suspend or affix~, and shall also
include the painting of signs.
SIGN, HEIGHT- The vertical dimension measured from the highest point of the sign to the
mean surface grade surrounding the bottom of the sign.
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73
SIGN, LOGO - A symbol of a company or business.
SINGLE-KEYED DEAD BOLT - Sinffle ke}ied dead bolt is uA lock bolt which does not have a
spring action. This bolt must be actuated by a key from the exterior and a knob or thumb turn
from the interior and when projected becomes locked against return by end pressure.
SITE PLAN FOR BUILDINC PERMJTTINe Dra\vings sho\ving the location of the
proposed building or structure and of every existing building or structure on the site or lot and
other documents required by the director of development.
SITE PLAN FOR DEVELOPMENT OR REDEVELOPMENT The development plan for
one or more lots submitted in compliance with Chapter 4 including, but not limited to,
requirements of Section 7 therein.
8M TINe RINK A commercial establishment that provides facilities for participant ice or
roller skating which is completely enclosed '.vithin a building or structure.
SKY EXPOSURE PLANE - Sic)' Exposure Plane. A "sky exposure plane" is an imaginary
inclined plane beginning at maximum frontage height and rising at a ratio of vertical distance to
horizontal distance as set forth in the Mixed Use zoning regulations, used for determining
maximum building heights and setbacks.
Adjacent to street Rear and side
. .+
- Base height at street level
- Horizontal distance
- Vertical distance
- Setback
SNIPE SIeN f. sign of a temporary nature v.'hich is mounted to stakes or other objects, which
is utilized to advertise or display matter.
SOAP & TOILETRY - An establishment primarily engaged in the mixing, blending, and
packaging of cosmetics, soaps, and other cleaning compounds.
April 3, 2007
74
SOUP KITCHEN SOUfJ kitchen. A facility providing free or very 1m\' cost meals or distributing
free or very low cost, pre packaged foodstuffs to the public as part of a charitablo activit;"
program or organization.
SPECIAL EVENT - Anv meeting, activity, gathering, or group of persons, animals, or vehicles,
or a combination thereof, having a common purpose, design or goal upon anv public or private
facility, street, sidewalk, alley, park or other place or building where the special event
substantially inhibits the usual flow of pedestrian or vehicular traffic or which occupies any public
area or building and preempts use by the general public. A special event shall include but not be
limited to City co-sponsored events, festivals, carnivals, concerts, parades, walks, races, fund
raising sales and similar gatherings, block parties, grand openings, promotions, and other similar
events not specifically permitted by City Ordinance. Merchandise sales under a tent on private
property which have no other related activity, i.e. food sales or entertainment, are exempt from
obtaining a Special Event permit, however, applicant must still obtain the proper Building Permit.
SPECIAL EVENT HANDBOOK - A publication issued by the Citv ofBovnton Beach entitled
"Special Event Handbook" which sets forth procedures for the application process and City
requirements for special event activities.
SPECIAL EVENT SIeN .^. sign 'Nhich carries a message regarding a special event or function
'n'hich is of general interest to the community and sponsored by a not for profit civic, religious,
school or governmental organization.
SPECIAL MOBILE EQUIPMENT Vehicles defined as such by Section 316.003, Florida
Statutes.
SPECIAL TY FOOD STORE ~ An establishment primarilv engaged in retailing specialized
lines of food. These tyPes of stores include various markets (Meat, Fish, Seafood, Fruit, and
Vegetable), Baked goods, Confectionarv and nut stores, and Health / Gourmet food stores.
SPECIMEN TREE Specimen tree: ,A, "specimen tree" shall mean a tree which has been
determined by the iudgment of the city inspector to be ofhich value because of its tvpe, size, age
or other professional criteria, and has been so designated and that designation has be~n officially
made and promulgated as part of the official records of the City of Boynton Beach.
SPORTING GOODS AND TOYS - An establishment primarily engaged in manufacturing
sporting goods, fitness equipment, toys, and the like.
ST ANDARDS, CURRENT - Documents, drawings, specifications, details, laws, rules,
regulations, ordinances and the like in effect on the date afl complete application or amended
application, whichever is later, is submitted presented for consideration.
ST ART OF CONSTRUCTION (for other than new construction or su bstantial
improvements under the Coastal Barrier Resources Act (P.L. 97-348), -The date a building
permit is issued, provided the actual start of construction, repair, reconstruction or improvement is
within one hundred eighty (180) days of the permit date. The actual start means the first
placement of permanent construction (including a manufactured home) on a site, such as the
April 3, 2007
75
pouring of slabs or footings, installation of piles, construction of columns or any work beyond
excavation or placement of a manufactured home on a foundation. Permanent construction
excludes land preparation such as clearing, grading and filling; installation of streets and/or
walkways; excavation for a basement, footings, piers or foundations or the erection of temporary
forms; installation on the property of accessory buildings such as garages or sheds not occupied as
dwelling units or not part of the main structure.
ST A TE - Sfflt.e.: The words "the state" or "this state" shall be construed to mean the State of
Florida.
ST A TE HOUSING INIT A TIVES PARTNERSHIP ACT - Definitions. For the purposes of
this section, the definitions contained in the State Housing Initiatives Partnership Act
hereinafter "the Act," Sections 420.907 et seq., Florida Statutes, and Chapter 91-37 of the Florida
Administrative Code, as amended from time to time, are adopted herein by reference.
ST A TE PLANE COORDINATE - The system of plan coordinates which has been established
by the National Ocean Service for defining and stating the positions or locations of points on the
surface of the earth within the state and shall hereinafter be known and designed as the "Florida
State Plane Coordinate System". For the purpose of the use of this system, the zones established
by the National Ocean Service in NOAA Manual NOS NGS 5, State Plane Coordinate System of
1983, shall be used and the appropriate proiection and zone designation shall be indicated and
included in any description using the Florid State Plane Coordinate System.
ST A TE ROAD - Any highway designated as a state-maintained road by the Department of
Transportation.
ST,'\TE STANDARDS See "Department of Transportation State Standards."
STEAL TH FACILITY Stealth (aciZit)! - See "WIRELESS COMMUNICA nONS FACILITY,
CONCEALED". A.ny telecommunicutions facility "yhich is desi?J1cd to blend into the
surrounding environmcnt and which is incorporated into and is compatible with uses othef\vise
permissible on site. Examples of stcalth facilitics include, but arc not limited to, architecturally
scrcened roof mounted antennas, antennas integrated into architectural elements, and
telccommunication and/or personal wireless services towers desi?J1ed to look like light poles,
power poles, clock towers, or trees.
STONE CUTTING & FINISHING - An establishment primarily engaged in cutting, shaping,
and finishing marble, granite, slate, and other stone for building and miscellaneous uses. This use
also includes establishments primarily engaged in buying or selling partly finished monuments
and tombstones.
STORAGE CONTAINER, TEMPORARY - An obiect that is designed and constructed by the
manufacturer thereof for the primary purpose of storing and / or transporting items or goods
v.'hich may be used for storage purposes in lieu of storage within a principal or accessory building.
Also included are operable or inoperable vehicles used for the purposes as described herein.
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STOR'\eE OF HOUSEHOLD COODS The storage of goods by individual households of
thcir household possessions, and excluding storage of inflammable, explosive, toxic or hazardous
materials.
STORAGE. BOATS / MOTOR / RECREATIONAL VEHICLES - An outdoor storage
facility for the temporary storage of boats, motor, or recreational vehicles, as a principal use. This
use excludes junk yards, salvage, or tow yards.
STORAGE, OPEN - The safekeeping of any goods or products in an unoccupied space open to
the sky for eventual removal not expected within seventy-two (72) hours or for continuous
replacement by same or similar goods or products.
STORAGE, SELF-SERVICE - An establishment engaged in the storage of personal property in
facilities where individual owners control individual storage bays. This use includes both limited-
access and multi-access facilities.
STORM DRAINAGE - A system sufficient to prevent inundation resulting from a three-year
stonn which conveys storm waters to publicly dedicated and maintained drainage canals or
natural waterways acceptable to the agency havingjurisdiction or an alternate proposal approved
by the city engineer.
STORMW A TER - The flow of water which results from a rainfall event.
STREET - Includes any access way such as a street, road, lane, highway, avenue, boulevard,
alley, parkway, viaduct, circle, court, terrace, place, or cul-de-sac, and also includes all ofthe land
lying between the right-of-way lines as delineated on a plat showing such streets, whether
improved or unimproved, but shall not include those access ways such as easements and rights-of-
way intended solely for limited utilitv purposes, such as for electric power lines, gas lines,
telephone lines, water lines, drainage and sanitary sewers, and easements for ingress and egress.
/\. public or private strip ofland which affords a principal means of access to abutting pr~perty.
The word street is S)110n)TI10Us v;ith road, avenue, boulc'.'ard, lane, place.
STREET moans that portion of a right of "vav improved, designed or ordinarilv used for
'.'ehicular traffic or parking.
ARTERIAL - A route providing service which is relatively continuous and of relatively
high traffic volume, long average trip length, high operating speed, and high mobility
importance. In addition, every United States numbered highway is an arterial road, ami as
well as every street shown or described as ~arterial~ according to the current or most
recent functional classification system contained in the City of Boynton Beach
Comprehensive Plan, as adopted and amended, is an artcrial. A route providing servicc
which is relatively continuous and of relati'.'ely high traffic volume, long avcrage trip
length, generally highcr operating speed, and high mobility importance. In addition, all
United States numbered high'Nays shall be arterial roads.
STREET, COLLECTOR - A route providing service which is of relatively moderate
average traffic volume, moderately average trip length and moderately average operating
speed. Such a route also collects and distributes traffic between local roads or arterial
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roads and serves as a linkage between land access and mobility needs. A street shown or
described as a "collector" street according to the current or most recent functional
classification system contained in the City of Bovnton Beach Comprehensive Plan, as
adopted and amended. A route providing service which is of relatively moderate average
traffic ','olume, moderately average trip length, and moderately average operating speed.
These routes also collect and distribute traffic bet\veen local roads or urterial roads and
serve as a linkage between land access and mobility needs.
CUL-DE-SAC - A street terminated at the end by a vehicular turn-a-round. A circular
turnaround on a local street with only one outlet.
DE.'\D END ^ street \vith only one outlet.
LIMITED ACCESS - A highway or freeway which does not permit access except at
authorized and controlled points. The acquisition of right-of-way for such highways or
freeways usually includes the acquisition of access rights thereto. Access may also be
limited through methods other than acquisition of access rights.
LOCAL STREET - A street shown or described as a "local" street according to the
current or most recent functional classification system contained in the City of Boynton
Beach Comprehensive Plan, as adopted and amended. ^ street shovm or described as
such according to the current or most recent functional classification contained in the City
of BO)11ton Beach Comprehensive Plan, as adopted and amended.
MAJOR THOROUGHFARES - A main traffic artery connecting two (2) or more
municipalities.
STREET, MARGINAL ACCESS - A street, parallel and adjacent to an expressway,
arterial street or limited access street or in the immediate vicinity of such streets utilized
primarily for relieving such streets from local service of abutting property by providing
protection from conflicts with through traffic. Also called a frontage street.
STREET, PRlV A TE - Any street not dedicated to the public.
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78
STREET, PUBLIC - Any street dedicated to the public and accepted for ownership and
maintenance by the City Commission.
STREET FRONT AGE - The property line adjacent to a public or private street.
STREET, INTERSECTION - The point of crossing or meeting of two (2) or more streets.
STREET, LOC'\L ,,\ route providing service which is of relatively lo'.v average traffic volume,
short average trip length or minimal through traffic movements, and high land access for abutting
propCl1y.
STREET, 1\lINOR See "Local Street."
STRIKE PLATE - Strike p!ate ts Is a metal plate designed to receive and hold a proiected bolt.
STRUCTURAL TRIM Shall mean the molding, battens, cappings, nailing strips, latticing and
platforms which are attached to the sign structure.
STRUCTURE - Any building or improvement, for which a certificate of occupancy is required,
constructed upon real property located within the municipal limits of the city.
SUBDIVISION - Land divided into three or more lots, parcels, tracts, tiers, blocks, sites, units, or
any other division ofland; and includes establishment of new streets and alleys, additions, and re-
subdivisions; and, when appropriate to the context, relates to the process of subdividing or to the
lands or area subdivided. The division of a parcel of land into two (2) or more lots or parcels,
either by plat into lots and blocks or by metes and bounds description, for the purpose of transfer
of ownership or development or, if a ne',\' street is involved, by division of a parcel of land.
SUBST ANTIAL, SUBST,A~~TIAL IMPROVEMENT - Substantia!, Substantia! Improvement
Any repair, reconstruction, or improvement of a structure or site, the cost of which equals or
exceeds fifty ( 50) per cent of the value of the structure as established by the most recent Palm
Beach County ad valorem tax bill, either (1 ) before the improvement or repair is started, or (2) if
the structure has been damaged and is being restored, before the damage occurred. For the
purposes of this definition, "substantial improvement" is considered to occur when the first
alteration of any wall, ceiling, floor or other structural part of the building commences, whether or
not that alteration affects the external dimensions of the structure. fJ1Y repair, reconstruction or
improvement of a structure, the cost of which equals or exceeds fifty (50) per cent of the l11ilfket
value of the structure before the impro','ement or repair is started, or if the structure has been
damaged and is being restored, before the damage occurred. Substantial improvement occurs
when the first alteration of any wall, ceiling, floor or other structural part of the building
commences, \vhether or not that alteration affects the external dimensions of the structure. The
term does not include any project for impro','ement of a structure to comply 'Nith existing state or
local health, sanitary or safety codes, or alteration of a structure listed on the National Register of
Historic Places or a state inventory of historic places.
SUBSTANCE ABUSE CENTER Substance abuse eenter. ^ facility used primarily for the
treatment of individuals for alcohol or drug abuse.
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79
SUPPLIED F ACILITES - Supplied faeililies Facilities paid for, furnished or provided by, or
under the control of, the owner or operator.
SURETY - An irrevocable surety guaranteeing that all required surveying and construction
improvements will be completed in full accord with approved documents and all conditions
attached thereto.
SURFACE WATERS - All waterways and associated wetlands that hold or transport water on or
over the ground.
SURVEY - The orderly process of determining facts of size, shape, identity, geodetic location, or
legal location by viewing and applying direct measurement of features on or near the earth's
surface using field or image methods; further defined as follows according to the tyPe of data
obtained, the methods and instruments used, and the purpose(s) to be served:
AS-BUlL T - A survey performed to obtain horizontal or vertical dimensional data so that
constructed improvements may be located and delineated; also known as a Record
Survey.
BOUNDARY - A survey, the primary purpose of which is to document the perimeters, or
anyone of them, of a parcel or tract of land by establishing or re-establishing corners,
monuments, and boundary lines for the purpose of describing the parcel, locating fixed
improvements on the parcel , dividing the parcel, or platting.
CONDOMINIUM - A survey perforn1ed pursuant to Chapter 718, Fla. Stat.; includes a
Boundary Survey.
CONSTRUCTION LAYOUT - The measurements made, prior to or while construction
is in progress, to control elevation, configuration, and horizontal position and dimensions.
CONTROL - A survey which provides horizontal or vertical position data for the support
or control of subordinate surveys or for mapping.
DESCRIPTIONS - Written by a survevor and mapper to describe land boundaries bv
metes and bounds shall provide definitive identification of boundary lines. A sketch shall
accompany the property description showing all information referenced in the description
and shall state that such sketch is not survey. The initial point in the description shall be
tied to either a government corner, a recorded corner, or some other well-established
survey point.
HYDROGRAPHIC - A survey having as its principal purpose the determination of data
relating to bodies of water, and which may consist of the determination of one or several
of the following classes of data: depth of water and configuration of bottom; directions
and force of current; heights and time of water stages; and location of fixed obiects for
survey and navigation purposes.
MEAN HIGH WATER LINE - A survey to document the mean high water line as
defined in Part II, Chapter 177, Fla. Stat.
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QUANTITY - A survey to obtain measurements of quantity.
RECORD - A survey performed to obtain horizontal and vertical dimensional data so that
constructed improvements may be located or delineated; also known as an As-Built
Survey.
SPECIFIC OR SPECIAL PURPOSE - A survey performed for a purpose other than the
purposes detailed in the other types of surveys defined within these regulations.
TOPOGRAPHIC - A survey of selected natural and artificial features of a part of the
earth's surface to determine horizontal and vertical spatial relations.
SURVEY DATA - All information shown on the face of a plat that would delineate the physical
boundaries of the unified property or the subdivision and any parts thereof.
POINT OF COMPOUND CURVATURE (PC) - "P.c.c.," means the point where two
circular curves have a common point of tangency, the curves lving on the same side of the
common tangent.
POINT OF CURVATURE (PC) - "P.c.," means the point where a tangent circular
curve begins.
POINT OF REVERSE CURVATURE (PRC) - "P.R.C.," means the point where two
circular curves have a common point of tangency, the curves lying on opposite side of the
common tangent.
POINT OF TANGENCY (PT) - "P.T.," means the point where a tangent curve ends and
becomes tangent.
SURVEY MONUMENT - An artificial or natural obiect that is permanent or semi-permanent,
and used or presumed to occupy any real property corner, point on a boundary line, or reference
point. A survey marker must: (1 ) be composed of a durable material; (2) have a minimum
length of 18 inches; (3) have a minimum cross-section area of material of 0.2 square inches; (4)
be identified with a durable marker or cap bearing either the Florida registration number of the
professional surveyor and mapper in responsible charge or the certificate of authorization number
of the legal entity, which number shall be preceded by LS or LB as applicable; (5) be detectable
with conventional instruments for locating ferrous or magnetic obiects. If the location of the
monument falls in a hard surface such as asphalt or concrete, alternate monumentation may be
used that is durable and identifiable.
SURVEYOR AND MAPPER, PROFESSIONAL - A surveyor and mapper registered under
Chapter 472, Fla. Stat., who is in good standing with the Board of Professional Surveyors and
Mappers.A surveyor registered in Florida.
SWIMMING POOL - Any confined body of water, located either above or below the existing
finished level of the site, exceeding two (2) feet in depth, designed, used or intended to be used
for swimming or recreational purposes.
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81
TANDEM PARKING - See "PARKING, TANDEM" The placement of parking spaces one
behind the other, so that the space nearcst the driveway, aisle, or street access serves as the only
means of access to the other space.
TAXI, LIMO, CHARTER BUS - An establishment primarily engaged in the use of motor
vehicles offered to the public for the purpose of carrying or transporting passengers for a fixed
charge, fee, or hourlv rate. This use excludes Automobile Rental.
TECHNICAL REVIEW COMMITTEE (TRC) ;\ committee consisting of thc dircctor of
devclopment, the fire chief, the police chief, the director of utilities, the director of public \yorks,
the city engineer, the recreation and parks director, and the dircctor of planning and zoning, or
their duly authorized representati'.'es.
TECHNICAL SITE PLAN - Technical Site Plan. Technical Site Plans are development plans
for one or more lots submitted in compliance with an approved Master Site Plan for a Mixed Use
Pod within a Planned Industrial Development district (Pill) Chapter 4, Section 7, (A. through G.)
and Section 8. Prior to approval of the Mastcr Site Plan, technical site plans may be revie'.ved by
the City Commission, for review and approval of ",./aiver requcsts for flexibility of dcvclopment
regulations. Such plans shall meet the regulations for technical site plans and shall specifically
list in the tabular data those specific elements of the plan requiring waiver approval.
TELECOMMUNICA TION TO\VER Tc!ecomnnmicaiiofl tower~ See "At""JTENNA SUPPORT
STRUCTURE". ,A. guyed, monopole or self support/latticc tower, constructed as a free standing
structure, containing one or more antennas used in the provision of personal wireless services,
excluding radar towers, amateur radio support structures licensed by the FCC, private home use of
satellitc dishes and television antelmas and satellite earth stations installed in accordance 'Nith
applicable codes.
TEMPOR..\RY BUSINESS IDENTIFICATION SICN A non permanent, on premise sign
identifying a business location.
TEMPORARY CONSTRUCTION SICN /\. sign identi [ying the owners, contractors,
receivers, lenders and suppliers on the property where the sign is locatcd during the construction
period. Soon- sign may not be permitted prior to the issuance of a valid building permit [or the
specific site and must be removed within ten (10) days after the building permit has been
finalized.
TEMPORARY EMPLOYMENT AGENCY - An establishment primarily engaged in
supplying workers (administrative, professional, sales) for limited periods of time to supplement
the work force of the client. The individuals provided are employees of the temporary
emplovment agency. However, these establishments do not provide on-site training or direct
supervision of their employees at the clients' workplace.
TEMPORARY HOUSING - Tem130rarv housiJl~ any Any trailer or other structure used for
human shelter which is designed to be transportable and which is not attached to the ground, to
April 3, 2007
82
another structure or to any utility system for more than thirty (30) days. Anv trailer or other
structure occupied for more than thirty (30) days shall meet all requirements of this article.
TENSE Tense. \Vords used in the present or past tense include the future us \vcll as the present
or past.
TESTING LABORATORY - An establishment primarily engaged in performing laboratory
analysis of natural resources and manufactured materials. The scientific analysis is generally
performed for an outside customer to support the work of that customer.
TEXTILE PRODUCTS - An establishment primarily engaged in fabricating apparel, clothing
accessories, and canvas goods from purchased fabric and materials.
THEA TER - Theater. A building or outdoor structure expressly designed to seat persons
viewing the presentation of plays, operas, music concerts, motion pictures, etc.
THOROUGHFARE PLAN - The plan of present and future streets adopted by the City of
Boynton Beach.
THRIFT STORE - See "MERCHANDISE, USED".
TIME SHARlNC HOTEL The term shall include, but shall not be limited to, any building
or part thereof in \vhich the right of use or occupancy of any unit circulates among various
occupants for specific periods of time less than a full year during any given year but not
necessarily for consecutive years in accordance with a fixed time schedule on a periodically
recurring basis extending for more than one year. The determination that a building, or part
thereof, is a time sharing hotel shall be made '.vithout regard to the form of ovmership of the
property or of the units therein and shall be immaterial whether the right of use or occupancy is
derived from a leasehold of fee interest.
TOWER - See "ANTENNA SUPPORT STRUCTURE".
TOWING, MOTOR VEHICLE - An establishment primarily engaged in towing light or heavy
motor vehicles, both local and long distance. These establishments may provide incidental
services, such as the temporary storage of towed vehicles and emergency road repair services.
This use excludes iunk and salvage yards.
TRAFFIC Pedestrians, ridden or herded animals, and vehicles, streetcars and other
conveyances either single or together while using any street or highv,'ay for purposes of travel.
TRAFFIC CONTROL DEVICES - Any mechanism used to regulate traffic, such as pavement
striping, signs, etc. as specified in the D.O.T. Manual on Uniform Traffic Control Devices
(M.U.T.C.D.), excluding any mechanical or electrical device such as traffic lights.
TRAFFIC CONTROL SIGNAL - Any device, whether manually, electrically or mechanically
operated by which traffic is alternately directed to stop and permitted to proceed.
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TRAFFIC IMP ACT ANALYSIS - A traffic statement prepared by a registered professional
engineer competent in traffic engineering and registered in the State ofFlorida,-submitted as part
of the application for site plan, rezoning, or other application in compliance with local, County, or
State review requirements for appropriate review of traffic impacts. Such analysis should address
at a minimum, daily and peak hour mo'.'ements, turn lanes required, signalization, capacity ofthe
street system and interior drive'Nay lengths.
TRAILER - Any vehicle with or without motive power, other than a pole trailer, designed for
carrying persons or property and for being drawn by a motor vehicle.
TRA VEL AGENCY - An establishment primarily engaged in acting as agents in selling travel,
tour, and accommodation services to the general public and commercial clients.
TREES "Trees": Anv self supporting woody perennial plant which has a trunk diameter of
three (3) inches or more when measured at a point four and one half (1 1/2) feet above ground
level and 'Nhich nonnally attains an overall height of at least ten (10) feet at maturity usually 'Nith
one main stem or trunk and many branches. It may appear to have several stems or trunks as in
several varieties of oak. All man?:rove trees shall be included hereunder, 'Nhich are four (4) feet
or more in hei?:ht.
TRUCKINC, TRA.~SFER,ORMOVINC OPERATION A use '""here trucking, transfer of
goods or the moving of goods or property is the principal use, and 'shere the use involyes the use
of such vchicles as are referred to in Section 11 3(a) of the City of Boynton Beach Ordinances.
TRUCKS, BUSES, FARM EQUIPMENT, OR F,A~Rl\1f l\lACHINERY STORACE,
PAR..l{lNC, S,A~LE, RENT,o\~L OR LEASINC The keeping of any trucks, buses, farm
equipment, construction muchinery or other vehicles referred to in Section 14 3(a) of the City of
Bo)nton Beach Code of Ordinances on a premises for any length oftime, for purposes othcr than
the ongoing service or repair of the vehicle, ongoing deliveries requiring the vehicle, ongoing
maintenance or construction projects, or where the operator of the vehicle is registcred at a
licensed hotel or motel and the vehicle is parked on the site of a hotel or motel. Ongoing service,
repairs or deliveries shall be construed to be the keeping of such vehicles on the premises only for
the amount of time that the vehicle is bcing serviced or repaired, or is making deliveries.
Ongoing maintenance or construction projects shull include overnight parking on the premises for
the duration of such a project on the premises, during '.vhich the vehicle is actually used. This
definition shall not be construed to prohibit the parking of such vehicles as a customary accessor/
use to a lawful principal use where the vehicle is owned or operated by the ovmer of the principal
use, 'Nhere the '.'ehiclc is necessary for the operation of the principal use, and where the parking of
such vehicles is not prohibited elsewhere in the City of Boynton Beach Codes and Regulations.
TUXEDO, FORMAL WEAR, COSTUME RENTAL - An establishment primarily engaged in
renting clothing, such as formal wear, costumes (e.g., theatrical), or other clothing (except
laundered uniforms and work apparel).
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84
UNITY OF TITLE - A document recorded in the Office of the Clerk of the Circuit Court of
Palm Beach County, stipulating that a--let, lots or parcel( s) of land shall be held under single
ownership, shall not be eligible for further subdivision and shall not be transferred, conveved,
sold or divided in any unit other than in its entirety.
URBAN L-\ND USE The use ofland for other than agricultural, open space, conservation or
proservation uses, including uses which are clearly accessory and subordinate to these uses.
USE - Any purpose for which a building or other structure or a tract of land may be designed,
arranged, intended, maintained or occupied; or any activity, occupation, business or operation
carried on, or intended to be carried on, in a building or other structure or on a tract of land.
USE, ACCESSORY - A use that is customarily incidental to the principal use and so necessary
or commonly to be expected that it cannot be supposod that these regulations intcnded to pre','ent
it. Accessory uses, unless otherwise provided, shall be located on the same premises as the
principal use.
USE, CONDITIONAL - A use that, because of special requirements or characteristics, may be
allowed in a particular zoning district but only with conditions as necessary to make the use
compatible with other uses permitted in the same zone or vicinity '.vould not be appropriate
generally, or without restriction, throughout a zoning classification or district. Such uscs
ho\vever, if controlled as to area, location, number or relation to the neighborhood, would
promote public appearance, comf011, convenience, general welfare, good order, health, morals,
prospority and safety of the city. Such uses may be allowed in a zoning classification or district as
a conditional use if specific provision for such a conditional use is made in these zoning
regulations.
USE, PRINCIPAL - The primary or predominant use of any building, structure, or lot. +fie
primary purpose for which land or building is used as permitted by the applicable zoning district.
USE, PERMITTED - A use permitted in a zoning district, without the need for special
administrative review and approval, upon satisfaction of the standards and requirements of this
ordnance.
USE, PROHIBITED - A use not permitted in a zoning district.
USED MERCHANDISE Merchandise which has been previously owned by another consumer
or othcr end user prior to being stocked or sold on the premises.
UTILITY - A governmental or franchised provider of water, sewer, electric, gas, telephone,
telegraph, cable television or similar service.
UTILITY TRAILER - A trailer or commercial truck which is rented, leased or sold primarily for
use by household users for moving household goods, and specifically excluding truck-tractors or
semi-trailers.
VARIANCE - Relieffrom certain requirements of the regulations herein as described where such
variance will not be contrary to the public interest and warranted due to conditions peculiar to the
April 3, 2007
85
property and not the result of the actions of the applicant, and when literal enforcement of this
Code would result in unnecessary and undue hardship. /\.. procedure by which an applicant may
request modification of the requirements set forth herein under specific conditions which do not
nullify the intent and purposes of this ordinance.
VEHICULAR SICN /\.. sign or sign structure attached or affixed in any manner in or to any
\\'heeled vehicle for the purpose of advertising that business to '.vhich the sign refers, excluding
such signs attached or affixed to public transportation vehicles for business advertising purposes
when such vehicles belong to a fully licensed public transportation company. /\.. vehicle shall not
be used to circumvent this sign code. Vehicles with ';ehicular signs shall be parked in the rear of
commercial or industrial establishments.
VIDEOS, GAMES & DVD RENTAL - An establishment primarily engaged in renting pre-
recorded video tapes and discs for home electronic equipment for entertainment purposes. This
use excludes adult entertainment.
VINES "Vines": Plants \vhich normally require support to reach mature form.
'" ALL SICN A sign containing copy, graphics, symbols and/or letters placed on the wall
surface itself.
WAREHOUSING - An establishment engaged in operating facilities to store general
merchandise, refrigerated goods, and other warehouse products for distribution. They do not sell
on-site, the goods they handle.
\V ARNING SIGN - See "SIGN, SAFETY".
\V A TER SYSTEM, CENTRAL - A supply of water to serve more than one user including the
water source, pipes, pumps, tanks, treatment plants and all other appurtenances.
WATER SYSTEM, INDIVIDUAL - A water source and other appurtenances supplying water to
only one user.
W A TERW A Y - Any body containing water such as a canal, channel, ditch, drainage way, lake,
stream, watercourse, etc.
WCF - See "WIRELESS COMMUNICA nON FACILITY".
WETLANDS - Open bodies of water and those portions of a water body inundated at regular and
periodic intervals, or those areas where vegetation is dominated by submerged and transitional
species of plants listed in Florida Administrative Code Rule 17 3.022.
"'HIP ANTENN,A.. WhifJ 6mtclVw .^, cylindrical antenna that transmits signals in 360 degrees.
"'H 0 LES,'\LE Sale of goods to consumers other than household consumers or to business and
profcssional offices for usc in such offices. For the purposes of these regulations, a wholesale
April 3, 2007
86
establishment shall be defined as an establishment v.'here more than fifty (50) per cent of the value
of goods sold on or from the premises are sold at wholesale prices to customers or users other
than household consumers.
'VHOLESALE TRADE - An establishment engaged in selling or distributing merchandise to
retailers or other businesses, excluding sales to household customers.
"lINDO'" I DOOR SICN Any sign which is painted on, applied to, attached to, hanging in or
projected upon or \vithin, the exterior or interior of a building glass area, including doors. For
clarification purposes, signs in this definition include, but are not limited to, any identification,
message, s)TI1bol, insignia, visual representation, logo type or any other form of communication.
'''IRELESS COMMUNICATION FACILITY (WCF) - Any manned or unmanned location
for the transmission and/or reception of radio frequency signals, or other wireless
communications, and usually consisting of an antenna or group of antennas, transmission cables,
and equipment cabinets, and may include an antenna support structure. The following
developments shall be deemed a WCF: developments containing new, mitigated, or existing
antenna support structures, public antenna support structures, replacement antenna support
structures, colocation on existing antenna support structures, attached wireless communications
facilities, concealed wireless communication facilities, and non-concealed wireless
communication facilities. Excluded from the definition are: non-commercial amateur radio,
amateur ham radio and citizen band antennas, satellite earth stations and antelma support
structures, and antelmas and/or antenna arrays for AM/FM/TV /HDTV broadcasting transmission
facilities.
A TT ACHED - An antenna or antenna array that is secured to an existing building or
structure with any accompanving pole or device which attaches it to the building or
structure, together with transmission cables, and an equipment cabinet, which may be
located either on the roof or inside/outside of the building or structure. An attached
wireless communications facility is considered to be an accessory use to the existing
principal use on a site. (See also FREEST ANDING).
CONCEALED - Also known as "stealth" or "camouflaged" , means a type of WCF,
ancillary structure, or WCF equipment compound, that is not readily identifiable as such,
and is designed to be aesthetically compatible with existing and proposed building(s) and
uses on a site. There arc two types of concealed WCFs, namely, Attached and
Freestandinz. They are further described as follows:
Attached - Examples of concealed attached facility include, but are not limited to the
following: painted antenna and feed lines to match the color of a building or structure,
faux windows, dormers or other architectural features that blend with an existing or
proposed building or structure.
Freestanding - Concealed WCFs usually have a secondary, obvious function which may
be, but is not limited to the following: church steeple, windmill, bell tower, clock tower,
cupola, light standard, flagpole with or without a flag, or tree. (SEE ALSO NON-
CONCEALED).
'\pril 3,2007
87
FREEST ANDING - Any manned or unmanned location for the transmission and/or
reception of radio frequency signals, or other wireless communications, and usually
consisting of an antenna or group of antennas, feed lines, and equipment cabinets, and
may include an antenna support structure. A freestanding wireless communication facility
includes, but is not limited to the following: guyed, lattice, or monopole antenna support
structures. (See also A TT ACHED).
NON-CONCEALED - A wireless communication facility that is readily identifiable as
such and can be either freestanding or attached (See also CONCEALED).
WIRELESS COMMUNICATIONS - Any personal wireless service, which includes but is not
limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR),
enhanced specialized mobile radio (ESMR), unlicensed spectrum services utilizing devices
described in Part 15 of the FCC rules and regulations (e.g., wireless internet services and paging).
WORK All construction for all facilities and features.
WOOD PRODUCTS - An establishment primarily engaged in processing and fabricating
purchased wood and / or wood parts into a variety of intermediate or final products. This use
excludes pulp mills, wood preserving, pressure treating, and / or drying.
WORKFORCE HOUSING UNIT - A dwelling to be sold or leased to an individual or family
that is Income Qualified in which the rent or mortgage payments (including principal, interest,
taxes, insurance and homeowner association fees) does not exceed 35% of the gross income of
households that are classified as low or moderate income households.
WORKMANLIKE STATE OF MAINTENANCE AND REPAIR - Workmanlike state of
maintcnanee alld repair - ill In compliance with all codes and ordinances pertaining to
construction of buildings and installation of utilities.
"VR-\PPED PARKINC STRUCTURE. /. parking structure that is enveloped with habitable or
leaseable space to disguise the actual function of the structure. /. fully '>Happed parking structure
is one in '.vhich the garage component, other than the access drive, cannot be seen from any
elevation. ,^. partially ."Tapped parking structure is one in which the garage component extends
above the habitable or leaseable space and can be seen from one (1) or more elevations.
WRECKED MOTOR VEHICLE - A motor vehicle defined as such by Section 10 50 of the in
the City of Boynton Beach Code of Ordinances.
XERISCAPE - A set of landscape design and maintenance principles that promote good
horticultural practice and the efficient use of water. The term Xeriscape is a registered trademark
of the National Xeriscape Council and means water conservation through the use of drought
tolerant landscaping or appropriate plant materials that do not require special attention and require
little supplemental water to survive. Xeriscape designs do not resemble desert landscape but
reflect the lush traditional appearance of Florida gardens. :\. landscaped treatment that
substantially reduces irrigation demands by appropriate plant selection.
y,'\CHTEL :\. marina or dockage offering onshore overnight accommodations.
pri( 3, 2007
88
YARD - An open space on the same lot with a building unoccupied and unobstructed from
ground upward, except by trees or shrubbery or as otherwise provided herein.
YARD AREA - Yard area: "Yard area" shall mean the front, side and rear yard areas as
established and required under the comprehensive zoning code and the zoning district
requirements as applicable thereto.
YARD SICN A temporary sign, not to exceed four (1) square feet, which identifies a safety
feature related to the particular lot.
ZONING CODE - That portion or section of the Land Development Regulations that establishes
or regulates, including but not limited to permitted or conditional uses, minimum lot standards
and site regulations, building heights, accessory uses and structures, and non-conforming lots and
uses. Chapters 2 and 2.5 of the Land Development Regulations as adopted by the City
Commission.
ZONING DISTRICT - Any certain designated described area of the City of BO)11ton Beach to
which these regulations apply and within which the zoning regulations are generally uniform.
(Ord. No. 95 2~, ~ 1, 8 15 95; Ord. No. 9628, ~ 1, 1 1696; Ord. No. 96 19, ~ 4, 1 21 97; Ord.
No.97 04, ~ 1,218 97; Ord. No. 98 01, ~ 1, 120 98; Ord.No. 98 31, ~ 1,8 198;Ord.No.99
21, ~ 1, 9 7 99; Ord. No. 00 55, ~ 2, 10 17 00; Ord. No. 00 77, ~ 2, 1 2 01; Ord. No. 01 45, ~ 2,
8 701; Ord. No. 01 50, ~ 2, 12 4 01; Ord. No. 02 010, ~ 2, 3 1902; Ord. No. 02 033, H 2 4, 8
2002; Ord. No. 03 010, ~ 2, 4 1 03; Ord. No. 03 016, ~ 2, 5 2003; Ord. No. 03 018, ~~ 1 3, 6 3
03; Ord. No. 03 034, ~ 2, 6 17 03; Ord. No. 03 062, S 2, 12 16 03; Ord. No. 04 079, ~ 2, 10 19
GoB
SPlannlng\Zoning Code Update\LDR RcwritelPaJ1 IlI\Chaptcrs\Chapter I Ptanning\FmaIAJ11Cle II Definitions (graphlcs).doc
April 3, 2007
89
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: IX. OLD BUSINESS: :
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: A. APPROVAL OF A TRANSIT STUDY :
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: CONTRACT BETWEEN CRA AND PBS&J :
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RPR-04-2007 14:14 From: To:S957~2419~0~0~737325 P.2/5
From: 04/0212007 16:'2 1018 P.OO1/006
.'
IIR~e~ eRA
Ii East Slde~'Neo, Slde~S...ldo !lanalsssn..
BOYNTON BEACH eRA
AGENDA ITEM STAFF REPORT
.
eRA BOARD MEETING OF: April 10. 2007
AG~NDA lTJM: , .
L 1= CODICIltAgeadt I X I Old JhuJDa. I l N..","'.. I I ~bUc Ileana.: I I OtIaer _J
SUBJECT: Approval otCOntract with Post. Buckley, Schuh & Jemigan. Inc. (pBS&J) to
Conduct 8 Transit Study for the Tr~ortatlon Conc;mr=cy Exemption Arev. (TeEA)
SUMMARY: At th~ l'<!gWAl' FebtuaIy ". CRA meetina. the Board selected PBS& J to ~onduet a
transit study for the TCEA. 'Ibe scope of sorvicel includes the development of It transit mudy Am! a local
tranSit circulator p1an. once completed, the study and. plm will be transmitted to Palm Beach County for
revlIsw.
FISCAL IMPACT:
A one time fee of $25,000 to be paid from GeJlCral Revenue.
RECOMMENDATIONS:
eRA staff recommends that the eRA Board approve the attached professional se1'VicM agreement with
Post, Buckle)', Schuh & J~PD, Inc. in the amount of$25,000.
YMIiL .
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ViVWl L. Brooks
CRA Planning DireOfor
.
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T:V\GENOASI, COIIlSfNT AGSNQAS, MONTHlY REPORTS\COl'I'I"-llQendlllt8m RDqUOlt trOl111l by ".U"Il\fY 2G\lMa07 Boerd
J\IrjI.u"gt\07 D4 10 ORA Poii'd meettlg . Aprtl\P88&.r CGntnsl;ldoc
: :~',{ I
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
Engineering Planning Architecture
Public Client
PROFESSIONAL SERVICE AGREEMENT
THIS AGREEMENT, made and entered into , 2007, by and between Post, Buckley,
Schuh & Jernigan, Inc. (PBS&J) and the Client identified herein, provides for the Professional Services
described under Item 2 of this Agreement.
CLIENT: Boynton Beach Community Redevelopment Agency
ADDRESS: 915 South Federal Highway
Boynton Beach, Florida 33435
CONTACT PERSON: Lisa Bright, Executive Director
PHONE NUMBER: 561-737-3256
PROJECT NUMBER: 020835
SHORT TITLE: Transit Study & Circulator Plan for the TCEA
1. DESCRIPTION OF PROJECT SITE: Within the Boynton Beach CRA limits.
2. SCOPE OF SERVICES TO BE PROVIDED BY PBS&J (If additional pages are necessary, they
are identified as Attachment A):
1. Develop a detailed transit study of the TCEA. To include all new approved development with
the TCEA.
2. Develop a local transit circulator plan (complementing or augmenting the County's public
transit service) for the TCEA, including specific route alignments, ridership projections for each
route, a phasing plan, infrastructure needs, headways, hours of operation, and other service
characteristics.
(Refer to attachment for the project Schedule and terms to conduct the Monitoring Study) Any
and all monitoring work will be agreed to at a future date with fees and duties negotiated at that
time. Any agreement for future monitoring studies will be in the form of a separate agreement or
may be an addendum to this contract.
3. THE COMPENSATION TO BE PAID PBS&J for providing the requested services shall be (If
additional pages are necessary, they are identified as Attachment B):
[ ] Direct personnel expense plus a surcharge of %, plus reimbursable costs. *
[X] A Lump-Sum charge of $ 25,000.00, plus out-of-pocket expenses.*
[ ] Unit CostITime Charges identified in Attachment B, plus reimbursable costs. *
[ ] Other - See Attachment B.
* See explanation under Item 5 below.
PUBLIC WPD
4. IF PBS&J's SERVICES UNDER THIS AGREEMENT ARE DELAYED for reasons beyond
PBS&J's control, the time of performance shall be adjusted appropriately. Except where the
services provided are under a continuous service contract for more than one year, if the services
under this Agreement are delayed for a period of more than one (1) year from the beginning date
(as above provided), the fees shall be subject to renegotiation; any change in such fees shall
apply only to the unfinished services as of the effective date of such change.
5. COMPENSATION: Direct personnel expense shall be defined as: the cost of salaries and fringe
benefit costs related to vacation, holiday, and sick leave pay; contributions for Social Security,
Workers' Compensation Insurance, retirement benefits, and medical and insurance benefits;
unemployment and payroll taxes; and other allowed benefits of those employees directly engaged
in the performance of the requested service.
Reimbursable costs include: fees of Professional Associates (whose expertise is required to
complete the project) and out-of-pocket expenses, the cost of which shall be charged at actual
costs plus an administrative charge of 18% and shall be itemized and included in the invoice.
Typical out-of-pocket expenses shall include, but not be limited to, travel expenses (lodging,
meals, etc.), job-related mileage at the prevailing Company rate, long distance telephone calls,
courier, printing and reproduction costs, and survey supplies and materials. I n the event the
requested service involves the use of electronic measuring equipment, computers, plotters, and
other special equipment such as boats, swamp buggies, etc., an additional direct charge shall be
made for the use of this equipment
It is understood and agreed that PBS&J's services under this Agreement are limited to those
described in Item 2 hereof (and Attachment A, if applicable) and do not include participation in or
control over the operation of any aspect of the project Compensation under this Agreement does
not include any amount for participating in or controlling any such operation.
6. INVOICE PROCEDURES AND PAYMENT: PBS&J shall submit invoices to the Client for
work accomplished during each calendar month. For services provided on a Lump Sum basis,
the amount of each monthly invoice shall be determined on the "percentage of completion
method" whereby PBS&J will estimate the percentage of the total work (provided on a Lump Sum
basis) accomplished during the invoicing period. Monthly invoices shall include, separately listed,
any charges for services for which time charges and/or unit costs shall apply. Such invoices shall
also include, separately listed, any charges for Professional Associates and reimbursable costs.
Such invoices shall be submitted by PBS&J as soon as possible after the end of the month in
which the work was accomplished and shall be due and payable by the client upon receipt. The
Client may withhold 15 percent of the contract as a retainage. Said amount will be paid on
completion of the project and delivery of the study in a form satisfactory to the CRA.
The Client, as owner or authorized agent for the owner, hereby agrees that payment as provided
herein will be made for said work within 30 days from the date the invoice for same is mailed to
the Client at the address set out herein or is otherwise delivered, and, in default of such payment,
hereby agrees to pay all costs of collection, including reasonable attorney's fees, regardless of
whether legal action is initiated. The Client hereby acknowledges that unpaid invoices shall
accrue interest at the maximum rate allowed by law after they have been outstanding for over 30
days. PBS&J reserves the right to suspend all services on the Client's project without notice if an
invoice remains unpaid 45 days after date of invoice. This suspension shall remain in effect until
all unpaid invoices are paid in full.
It is understood and agreed that PBS&J's services under this Agreement do not include
participation, whatsoever, in any litigation. Should such services be required, a Supplemental
PUBLIC WPD
Agreement may be negotiated between the Client and PBS&J describing the services desired
and providing a basis for compensation to PBS&J.
7. COST ESTIMATES: Client hereby acknowledges that PBS&J cannot warrant that any cost
estimates provided by PBS&J will not vary from actual costs incurred by the Client.
8. LIMIT OF LIABILITY: The limit of liability of PBS&J to the Client for any cause or combination of
causes shall be, in total amount, limited to the fees paid under this Agreement.
9. CONSTRUCTION SERVICES: If, under this Agreement, professional services are provided
during the construction phase of the project, PBS&J shall not be responsible for or have control
over means, methods, techniques, sequences, or procedures, or for safety precautions and
programs in connection with the Work; nor shall PBS&J be responsible for the Contractor's failure
to carry out the Work in accordance with the Contract Documents or for the Contractor's failure to
comply with applicable laws, ordinances, rules or regulations.
10. INSURANCE: PBS&J shall at all times carry Workers' Compensation insurance as required by
statute; commercial general liability insurance including bodily injury and property damage;
automobile liability coverage; and professional liability coverage. Insurance certificates will be
provided to the Client upon request.
Client agrees to require that PBS&J be named as an additional insured on insurance coverages
provided by contractors on the project.
11. ASSIGNMENT: Neither the Client nor PBS&J will assign or transfer its interest in this Agreement
without the written consent of the other.
12. SUSPENSION, TERMINATION, CANCELLATION OR ABANDONMENT: In the event the project
described in Attachment A, or the services of PBS&J called for under this Agreement, is/are
suspended, cancelled, terminated or abandoned by the Client, PBS&J shall be given seven (7)
days prior written notice of such action and shall be compensated for the professional services
provided up to the date of suspension, termination, cancellation or abandonment in accordance
with the provisions of this Agreement for all work performed up to the date of suspension,
termination, cancellation or abandonment, including reimbursable expenses.
13. ENTIRETY OF AGREEMENT: This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings, oral or
written, with reference to the subject matter hereof that are not merged herein and superseded
hereby. No alteration, change or modification of the terms of this Agreement shall be valid unless
made in writing signed by both parties hereto.
14. DOCUMENTS: Any reuse by the client or others of documents and plans that result from
PBS&J's services under this agreement shall be at Client's or others' sole risk without liability to
PBS&J.
15. WAIVER: Any failure by PBS&J to require strict compliance with any provision of this contract
shall not be construed as a waiver of such provision, and PBS&J may subsequently require strict
compliance at any time, notwithstanding any prior failure to do so.
16. DISPUTE RESOLUTION: If a dispute arises out of or relates to this Agreement, or the breach
thereof, the parties will attempt to settle the matter between themselves. If no agreement can be
reached the parties agree to use mediation with a mutually agreed upon mediator before
resorting to a judicial forum. The cost of a third party mediator will be shared equally by the
parties. In the event of litigation, the prevailing party will be entitled to reimbursement of all
reasonable costs and attorneys' fees. The parties mutually agree that a similar dispute resolution
clause will be contained in all other contracts executed by Client concerning or related to this
contract and all subcontracts executed by PBS&J.
PUBLIC WPD
17. HAZARDOUS WASTE, MATERIALS OR SUBSTANCES: Unless otherwise specifically provided
in this Agreement, PBS&J shall not be responsible for or have control over the discovery,
presence, handling, removal, transport or disposal of hazardous waste, materials or substances
in any form on the project site.
18. GOVERNING lAW: This Agreement shall be governed by and construed according to the laws of
the State where the situs of the work is located.
19. LIMITED COPYRIGHT LICENSE: PBS&J grants Client a paid-up, non-transferable, non-
exclusive license to make or have made copies of any copyrightable materials delivered under
this Agreement.
20. INTEllECTUAL PROPERTY: With the exception of the Limited Copyright License herein, all
worldwide right, title and interest in and to any and all Intellectual Property conceived,
invented, authored or otherwise made by or on this Agreement shall remain the sole and
exclusive property of PBS&J, its successors and assigns unless licensed or assigned by
PBS&J pursuant to a separate written instrument. The term "Intellectual Property" shall be
construed broadly to include all forms of intellectual property including without limitation all
inventions, discoveries, designs, plans, improvements, trademarks, service marks and
copyrights in drawings, computer programs, architectural works and in all other original works
of authorship.
21. 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 this agreement shall be
deemed to be public records subject to public inspection, subject to certain exemptions as set
forth within Section 119.07, F.S.
ATTACHMENT A - Draft Schedule & Hourly Rates
ADDENDA A (if required)
IN WITNESS WHEREOF, this Agreement is accepted on the date written above and subject to
the terms and conditions set forth above.
CLIENT: Boynton Beach Community Redevelopment Agency
SIGNED:
TYPED NAME: Lisa Bright
TITLE: Executive Director
DATE:
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
SIGNED:
TYPED NAME: Willson McBurney
TITLE: Program Manager
Planning/landscape Architecture
DATE:
PUBLlCWPD
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. IX. OLD BUSINESS: .
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NEGOTIATE A CONTINUING CONTRACT .
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I!J~qY~T8IRA
Ii East Side-West Side-Seaside RenaISsance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: April 10, 2007
AGENDA ITEM:
I Consent Agenda I I Old Business I X I New Business I I Public Hearing I I Other
SUBJECT: Request for Qualifications from General Contractors
SUMMARY: At the regular meeting of January 9, 2007 the CRA Board authorized staff to issue a solicitation
requesting statements of qualification from qualified general contractors or construction managers for preconstruction and
construction services to be provided on an on-going and/or rotating basis. The solicitation described services desired to
include preconstruction cost estimating, constructability analysis, and value engineering as well as construction and/or
construction management.
The solicitation stated the desire to select a maximum of three qualified firms to provide preconstruction and construction
services on the following categories of projects:
. 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 fumishings, 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 ofthe CRA.
The solicitation required that the statements of qualification include a cover letter providing a brief description of the firm,
what category(ies) of services the firm is desirous of being considered for and a principal point of contact. The solicitation
also requested qualifications of the firm and key personnel of the firm in relationship to the services being offered, and the
general business terms under which the firm typically provides services. In addition the solicitation specified that the
selection process would be based on the qualifications of the firm and key personnel, and the acceptability of fee structure for
preconstruction and construction services.
Statements of qualification were received by the CRA staff from the following firms:
. BSA Corporation, General Contractors
. Burkhardt Construction, Inc.
. Catalfumo Construction, Ltd.
. Hedrick Brothers Construction
. J. Mosca Builders, LLC
. Kaufinan Lynn, Inc., General Contractors
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 04 10 CRA Board meeting - April\Construction Services. doc
I~RY~T8~lCRA
iI East Side-West Side-Seaside RenaISsance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
. RDP Construction, Inc.
. SanaliJ Construction, Inc.
. Stanley Consultants, Inc.
. The Weitz Company
. West Construction, Inc.
The eleven (I 1) statements of qualification were reviewed by eRA Planning Director, Vivian Brooks, and consultant Corey
O'Gorman in relationship to the selection criteria noted above. Of those eleven (11), the three firms below provided
statements of qualification that included acceptable fee structures for preconstruction and construction services, and
demonstrated qualifications of the firm and key personnel which most closely match the category of projects to be constructe'
by the CRA described in the solicitation:
. Burkhardt Construction, Inc.
. Hedrick Brothers Construction
. Kaufinan Lynn, Inc., General Contractors
FISCAL IMPACT:
None at this time.
RECOMMENDA TIONS:
CRA staff recommends that the CRA Board approve selection of Burkhardt Construction, Inc., Hedrick Brothers
Construction, and Kaufinan Lynn, Inc., General Contractors to provide preconstruction and construction services on an on-
going and/or rotating basis; that CRA Staff and Attorney negotiate agreements with each firm which agreement will provide
general conditions of service including a one (1) year term with the ability to extend for four (4) additional one (1) year terms
as provided in the solicitation; and return to the CRA Board for approval of the agreements.
crL~~~
CRA Planning Director
.
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 04 10 CRA Board meeting - April\Construction Services. doc
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1~~qY~Te~tRA
iii East Side-West Side-Seaside Renaissance
BOYNTON BEACH CRA
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: April 10, 2007
AGENDA ITEM:
I Consent Agenda I XI Old Business I I New Business I I Public Hearing I I Other
SUBJECT: Presentations by Top Three Respondents and Selection of Proposer
for Downtown Master Plan RFP
SUMMARY: In December 2006, the CRA issued an RFP to solicit proposals to create a
downtown master plan. 19 proposals were received from all over the country. The selection committee
was made up of Quintus Greene, Direetor of Development, Mike Rumpf, Director of Planning and
Zoning, Matthew Barnes, Planning and Development Board member and planner, Melissa Hudson of
Lennar Homes and Vivian Brooks, CRA Planning Director. The attached spreadsheet details the ranking
criteria and the corresponding points that each respondent received.
Based on the points received by each firm, the top three firms are Torti Gallas and Partners, EDA Wand
Peter Smith and Co. These firms will each present a 15-20 minute PowerPoint highlighting their past
experience with the scope of work outlined in the request for proposals.
FISCAL IMP ACT:
To Be Determined. .
RECOMMENDATIONS: .
CRA staff recommends that the CRA Board select one of the three top proposers to provide charettes
and develop a downtown master plan; that CRA Staff and Attorney negotiate an agreement with the
selected firm which agreement will provide general conditions of service including a one (1) year term;
and return to the CRA Board for approval of the agreement.
c{jfZ9~
Vivian L. Brooks
CRA Planning Director .
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
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Downtown Visioning and Master Plan RFP
January 26, 2007
Proposal Ranking Worksheet
"maximum score 1000
Capacity of Firm Previous Ability to Create References Ability to Meet
and Staff Experience Quality Graphics (max 100 Timelines
Name of Firm Contact Name (max 300 points) (max 300 points) (max 200 points) points) (max 100 points) TOTAL POINTS
1 lIer Planning Group Henry lIer 242.5 211.25 135 56.25 43.75 688.75
2 Stantec Consulting Service Kevin Rainey 251.25 198.75 111.25 51.25 93.75 706.25
3 Cooper-Carry Inc. Brett Wylie 266.25 221.25 172.5 50 87.5 797.5
4 C.H. Planning Tony Parker 225 187.5 101.25 32.75 68.75 615.25
5 T ortiaallas & Partners Robert Goodill 271.25 237.5 192.5 68.75 97.5 867.5
6 Glatting, Jackson,Kercher,Anglin Inc David Barth 251.25 213.75 182.5 68.75 97.5 813.75
7 EDAW Inc Antonio Mavnard 267.5 267.5 187.5 91.25 93.75 907.5
8 Civic Design Associates James D. Hill 260 253.75 158.75 56.25 93.75 822.5
9 Bermello, Ajamil & Partners Inc Erica Veksler 268.75 228.75 168.75 87.5 56.25 810
10 Planning Works LLC Bruce A. Peshoff 217.5 173.75 123.75 51.25 47.5 613.75
11 MSCW Inc James A. Selden 232.5 212.5 145 85 50 725
12 Planners for Environmental Quality Inga Kennedy 193.75 160 46.25 40 46.25 486.25
13 RMPK Group Kurt Easton 227.5 228.75 153.75 57.5 43.75 711.25
14 Peter Smith & Co. Paul Carabott 255 241.25 177.5 87.5 87.5 848.75
15 Zvscovich Maria Roias 270 241.25 173.75 75 56.25 816.25
16 Land Design Innovations Tracy Crowe 231.25 177.5 136.25 52.5 60 657.5
17 Keith & Schnars Michael Davis 243.75 201.25 170 56.25 60 731.25
18 Urban Design Studio Steve Sullivan 263.75 232.5 176.25 62.5 60 795
19 Urban Resource Group Fred Schwartz 258.75 212.5 152.5 53.75 97.5 775
Request for Proposals
To Conduct A Visioning Workshop and Development of a
Downtown Master Plan
For I'
Boynton Beach, Florida
Boynton Beach Community Redevelopment Agency
Submittal Deadline: January 26, 2007
The Boynton Beach Community Redevelopment Agency ("CRA") invites qualified firms
with demonstrated expertise in the areas of urban and town planning, urban design, and
related fields to submit qualifications for conducting visioning workshops and the
creation of a downtown master plan for the Boynton Beach Community Redevelopment
Area. Upon selection of the most qualified firm, a contract will be entered into that
requires visioning exercises, community meetings, graphic renderings and the
completion of a Dovvntown Master Plan for the downtown area within six months after a
notice-to-proceed has been issued. Once the plan is approved by the CRA, it will be
integrated into the Official Community Redevelopment Plan and therefore must be
consistent with the City of Boynto~ Beach's Comprehensive Plan.
General Information
The City of Boynton Beach is located in southeastern Florida in Palm Beach County.
along the Intracoastal and has a population of approximately 60,000. The Community
Redevelopment Area is located along the eastern area of the City (See Attachment "A").
The study area lies in the in the center of the CRA (See Attachment "S"). There are two
major thoroughfares, U. S. Highway One and Boynton Beach Boulevard within the study
area. The area is primarily commercial in nature with some older homes and
condominiums.
The Future land Use of the study area is primarily mixed-use with densities up to 80
dwelling units per acre. However, to date, only one mixed-use building has been
constructed in the downtown area.
Scope of Services
The successful firm will plan and execute visioning workshops and create a downtown
master plan for the study area that will provide direction for the future by addressing the
built and natural environments and their relationship to the larger community. The
waterfront and its role in the development of the downtown shall be a key element of the
work. These services include but are not limited to the following:
. Meet with members of the CRA and City and CRA staff to discuss the project and
product deliverables.
. Conduct at least two visioning workshops.
. Creation of graphics to be used in visioning workshops.
. Provide e>}amples of integrated thematic elements to create a brand for the area.
. Review existing CRA plans, present and Future i Land Use, waterfront
relationship, census data, area history, and other related sources of information
that will assist in attaining the necessary depth and breadth of understanding for
the study area.
. Integrate final results with the Community Redevelopment Plan for the C~.
. Provide a comprehensive "Downtown Master Plan" within six months of the
"Notice to Proceed." The report shalf be provided in hard copy and electronic
format.
Minimum Qualifications
. Experience in completing similar projects for other communities with similar
characteristics and demographics.
. Experience in engaging community leaders and residents in successful
ch a rrettes , public hearings and workshops.
. Experience with urban design principles.
. Ability to create visual aids to educate charrette participants about urban design
principles.
. Ability to create an interactive, hands~on charrette that is engaging to
participants.
. Experience in directing charrette participants in coming to consensus in the
charrettes.
. Experience in producing work products that are professional, informative, reader
friendly, and clearly outline specific and obtainable goals.
Selection Criteria
. A firm will be formally selected by the CRA Board of Directors.
. Firms submitting qualifications may be required to make a presentation to the
CRA Board of Directors.
. Evaluation of qualifications by CRA staff will be made on a predetermined basis
to ascertain which proposal best meets the community's objectives.
Proposal Criteria
The proposal must include the following:
. Name. and address of the proposing firm or entity.
. Proposal amount and rates.
. A list of the professional team members, historical background information on the
principals and a description of their experience with similar projects.
. A qualifications statement of the proposing firm or entity, including verifiable
examples of experience, photographs, addresses and project information.
. A certificate of good standing from the Secretary of State, Division of
Corporations.
. A list of clients and phone numbers.
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Timeline:
December 15, 2006 Publication of Notice of the RFP
December 21, 2006 Pre-proposal meeting at CRA office at 9:00 a.m. /'
January 26, 2007 Proposal packages due by 3:00 pm
February 13, 2007 Selection of contractor by CRA Board of Directors
Submittal Requirements:
Provide ten bound copies of the Proposal to:
Vivian L. Brooks
CRA Planning Director
Boynton Beach CRA
915 S. Federal Highway
Boynton Beach, FL 33435
Submittals must be received no later than 3:00 p.m. EST on Friday, January 26, 2007 at
the CRA offices located at 915 S. Federal Highway in Boynton Beach. Faxed proposals
will not be permitted. The failure to strictly meet this deadline will result in the submittal
being rejected and returned unopened. Any question regarding whether a submittal has
been submitted timely shall be resolved by reference to the time kept at the CRA office
by the CRA's receptionist or other delegated representative for the receipt of the
submittals.
Contact:
All correspondence and requests for information regarding the request for proposals,
should be directed to:
Vivian L. Brooks
CRA Planning Director
Boynton Beach eRA
915 S. Federal Highway
Boynton Beach, FL 33435
E-mail brooksvil@ci.boynton-beach.fl.us
Telephone: (561) 737-3256
Non-Dis'crimination
The selected Proposer, its successors and assigns, agree that no person shall on the
grounds of race, color, disability, national origin, religion, age, familial status, sex, or
sexual orientation be subjected to discrimination. Should such discrimination occur, the
CRA will provide notice to the Proposer of a breach of this condition and thereafter,
Proposer has 15 days to demand arbitration as to the claim of discrimination. The parties
will then mutually agree to an arbitrator and if they cannot agree, the auspices of the
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American Arbitration Association will govern. This arbitration is .ndependent of any other
actions being taken by other agencies. However, a finding by any other agency or court
that such discrimination has occurred may be relied upon by the CRA as conclusive
proof of a breach of this provision. If Proposer does not demand arbitration within 15
days, or jf arbitration is conducted and it is determined by the arbitratbr that
discrimination occurred, the CRA shall have the right to terminate any such Agreement it
has entered into with Proposer and pursue any and all other lawful remedies.
Protests
Any and all decisions by the CRA Board to modify the schedule described herein,
requests for additional information, reject insufficient or unclear proposals, formulate an
objective point system for review, rate and rank proposals, negotiate agreements,
abandon negotiations, approve agreements, etc., shall be at the CRA's sole discretion
and no protests whatsoever shall be considered by the CRA Board. Submittal of a reply
to this RFP on the part of any and all proposers constitutes acceptance of this policy.
Formation of Contract
The existence of a contractual relationship between the parties is contingent upon the
terms and conditions of the contract being negotiated to the satisfaction of both parties
and the execution of said contract by both parties. The winning proposer will be granted
a contract for a period five years. The contract documents shall include, but not be
limited to, terms and conditions of this RFP, the submitted proposal inclusive of
qualifications, the negotiated services as agreed by both parties, and the ordering
mechanism.
Permits, Taxes and Licenses
Proposer shall at its own expense obtain all necessary permits, pay all licenses, fees
and taxes, required to comply with all local ordinances, state and federal laws, rules and
regulations applicable to the business to be carried on under the contract.
Public Records
Florida law provides that records of a public agency shall at all times be open for
personal inspection by any person. Section 119.01, F.S., The Public Records Law.
Information and materials received by the CRA, in connection with a submittal shall be
deemed to be public records subject to public inspection. However, certain exemptions
to the public records law are statutorily provided for in Section 119.07, F.S. If the
Proposer believes any of the information contained in its Submittal of Proposals is
exempt frdm 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 C~ will treat all materials received as public
records.
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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 qualificatiqns (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 thre~hold
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. II
Drug Free Workplace Certification
All Proposers must complete and sign the attached "Drug Free Workplace Certification
by Vendor", and submit it with their Proposals. Failure to do so may result in rejection of
your proposal.
"
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CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM
I certify the firm of responding to th'is RFP
maintains a drug-free workplace program, and that the following conditions are met:
(1) We publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
workplace; and specifying that actions will be taken against employees for violations of
such programs.
(2) We inform employees about the dangers of drug abuse in the workplace, the
company's policy of maintaining a drug-free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be
imposed upon employees for drug abuse violations.
(3) We give each employee engaged in providing the commodities or contractual
services included in this RFP a copy of the statement specified in Subsection (1).
(4) In the statement specified in Subsection (1), we notify the employee that, as a
condition of working in the commodities or contractual services covered under this RFP,
they will abide by the terms of the statement; and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
(5) We impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, by
any employee who is convicted.
(6) We make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
Authorized Signature: Date
Name & Title (typed)
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EXHIBIT "A"
City/CRA
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: X. NEW BUSINESS: :
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: A. DISCUSSION AND APPROVAL OF FY :
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: 2005-2006 CRA AUDITED FINANCIAL :
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