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Agenda 08-14-07 ~<tY~T2~ East Side-West Side-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, August 14, 2007 City Commission Chambers 6:30 P.M. I. Call to Order - Chairman Jerry Taylor II. Pledge to the Flag and Invocation III. Roll Call IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda V. Consent Agenda: A. Approval of the Minutes - CRA Board Meeting - July 10, 2007 B. Approval of the Period-Ended July 31, 2007 Financial Report C. Approval of2007 Annual Dinner Dance for The Schoolhouse Children's Museum D. Approval of CRA Marina Dockage Agreement and Rental Rates for Fiscal Year 2007-2008 E. Approval of Funding up to $20,000 from the Residential Improvement Grant Program (Bond II 02-58300-474) to Nancy Schneider for the Property Located at 527 NW 10th Avenue (tabled from July 10,2007) F. Approval of Funding up to $20,000 from the Residential Improvement Grant Program (Bond II 02-58300-474) to Penny and Anthony Spencer for the Property Located at 117 NE 13 th Avenue G. Approval of Funding up to $20,000 from the Residential Improvement Grant Program (Bond II 02-58300-474) to Minnie Mitchell for the Property Located at 416 NW 11 th Avenue H. Approval of Funding $50,000 from the Homebuyers Assistance Program (Bond II 02-58300-473) to Martha Querich for 1743 NE 6th Street, Unit 1205, The Preserve I. Approval of Funding $50,000 from the Homebuyers Assistance Program (Bond II 02-58300-473) to Dwayne Black for 1819 NE 6th Street, Unit 1503, The Preserve J. Approval of Funding $30,000 from the Homebuyers Assistance Program (Bond II 02-58300-473) to Sarah Ferrer for 1972 NE 6th Street, Unit 205, The Preserve K. Approval of Funding $50,000 from the Homebuyers Assistance Program (Bond II 02-58300-473) to Shonae Trotman for 1826 NE 5th Street, Unit 1405, The Preserve L. Approval of Funding $50,000 from the Homebuyers Assistance Program (Bond II 02-58300-473) to Roxanne Burey for 1942 NE 5th Street, Unit 210, The Preserve M. Approval of Funding $50,000 from the Homebuyers Assistance Program (Bond II 02-58300-473) to Erica Poag, for 1759 NE 6th Street, Unit 1209, The Preserve N. Approval of Funding $35,400 from the Homebuyers Assistance Program (Bond II 02-58300-473) to Jason Weinstein for 1801 NE 4th Street Unit 1505, The Preserve VI. Public Comments: (Note: comments are limited to 3 minutes in duration) VII. Public Hearing: Old Business: A. Consideration of Transferring CRA Owned Property Located at NW 1 th Street at Below Market Value to Habitat for Humanity to Construct an Affordable Single-family Residence New Business: A. Casa del Mar Site Plan Time Extension 1. PROJECT: Casa del Mar (SPTE 07-009) AGENT: Bonnie Miskel, Esq. Of Siegel, Lipman, Dunay, Shepard, and Miskel LLP OWNER: Lancore Nursery LOCATION: 2632 North Federal Highway, east of U.S. 1, north of Dimick Road DESCRIPTION: Request for a one (1) year site plan time extension for Casa del Mar project, consisting of 42 fee-simple townhouse units and 40 multi-family (condominium) dwelling units on 4.11 acres zoned Infill Planned Unit Development (IPUD). B. Open-air Structures Code Review 1. PROJECT: Open-air Pavilions (CDRV 07-003) AGENT: City- initiated DESCRIPTION: Request to amend the Land Development Regulations Part III, Chapter 2. Zoning. Section 4.B by the addition of provisions and regulations for "Open-air pavilions" that will include pavilions, gazebos, and tiki/chickee huts, and corresponding setbacks and size criteria. Mobile Vendors Code Review 1. PROJECT: Mobile Vendors (CDRV 07-005) AGENT: City- initiated DESCRIPTION: Request to amend the Land Development regulations Chapter 2. Zoning by the addition of a new section with provisions and regulations for mobile vendors including, definitions, location, restrictions, review and approval procedures and requirements, and operational rules. C. Land Development Regulation Rewrite _ Group 3 Code Review 1. PROJECT: Land Development Regulations (LDR) Rewrite - Group 3 (CDRV 07-004) AGENT: City- initiated DESCRIPTION: Group 3 deliverable, pursuant to the LDR Rewrite Work Schedule, including: Article 5. Minimum Off Street Parking Requirements; Article 6. Parking Lot, Vehicular Use Areas, and Loading Standards; Article 7. Exterior Lighting Standards; and Article 8. Utility and Infrastructure Design Standards. These proposed sections will ultimately replace and enhance portions of the current LDR Part III, Chapter 2. Zoning, Sections 5, 6, 7, and 11; Chapter 2.5 Planned Unit Developments, Section 9; Chapter 4 Site Plan Review; Chapter 6 Required Improvements, Articles I, III, IV, and VII; Chapter 9 Community Design Plan, Section 10; Chapter 20 Buildings, Housing, and Construction Regulations, Articles VIII; Chapter 22 Streets and Sidewalks, Article I; and Chapter 23 Parking Lots, Articles I, II, and III. VIII. Pulled Consent Agenda Items IX. Old Business: A. Consideration of Entering into a Purchase Agreement with Lennis & Sharese Gillard for 402 NW 1 th A venue in the Amount of $183,500 plus Closing Costs B. Consideration of Interlocal Agreement to Paint Exterior of Galaxy Elementary School C. Discussion of Notice for Letters of Intent for Old High School X. New Business A. Consideration of Work Order #1 Under Continuing Contract with MSCW for Marina Planning in the Amount of $89,500 B. Consideration of Work Order #1 Under Continuing Contract with KimIey- Horn for 100% Streetscape Plans for Seacrest Blvd. in the Amount of $255,000 C. Consideration of Work Order #1 under Continuing Contract with REG for Feasibility Analysis for 211 E. Ocean A venue in the amount of $22,000 D. Consideration of Work Order #2 under Continuing Contract with REG to create rehabilitation specifications for the Residential Improvement Program in the amount of $7,500 E. Consideration of Purchasing Delray Boynton Academy on MLK F. Discussion of City Land on MLK Corridor XI. Comments by Staff XII. Comments by Executive Director XIII. Comments by CRA Board Attorney XIV. Comments by CRA Board XV. Adjournment MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY MEETING HELD IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA ON TUESDAY, JULY 10, 2007, AT 6:30 P.M. Verbatim Transcription Community Redevelopment Agency Board Meeting of July 10, 2007 requested by a City Commissioner Present: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Mack McCray Carl McKoy Ron Weiland Kurt Bressner, City Manager Jim Cherof, City Attorney Lisa Bright, Executive Director Ken Spillias, CRA Board Counsel (Meetng was called to order at 6:30 p.m.) Chair Taylor: We are gonna begin the meeting this evening with an invocation by Pastor Arthur Elwood. Board Member McCray: Anton. Chair Taylor: Anton Elwood from St. Paul's and followed by a Pledge of Allegiance, if you'd please stand. Pastor Elwood: Let us pray. Most Holy and Everlasting God, we thank you now for allowing us to experience another day's journey. As we go into this meeting tonight, we are asking for your presence to be here with us, that you will lead us and guide us in everything that we do. Be with every member of the Commission and all of the leaders that are gathered here tonight, be with every community member, oh God, that everything that is done will be according to the purpose that you would have for it to be done in. We love you, we thank you and we praise you tonight. It's in your name we pray. Everybody say Amen. All: Amen. All: I pledge allegiance to the Flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Chair Taylor: I guess we have a roll call. Recording Secretary: Chair Taylor, here; Vice Chair Rodriguez, here; Commissioner Weiland, here; Commission McCray. 1 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McCray: I'm here. Are we supposed to use the Commissioners, are we using Commissioner, that leaves me, or are we just using our last names? I just need to know for point of clarification before we go any further. What is protocol? Chair Taylor: It doesn't matter really. Attorney Spillias: The Statute actually does talk about it as being a Board of Commissioners so you can either use board member or Commissioner. Board Member McCray: I'll be referred to as a board member. Thank you, at this point. Recording Secretary: Board member McCray, yeah, here. Board Member McKoy: Present. Chair Taylor: Thank you. This takes us to approval. Are there any additions, deletions or corrections to the agenda at this time? Vice Chair Rodriguez: Um, I'd like to make, uh, a request that we move up the, uh, City Attorney, Item, New Business, Item 13. Chair Taylor: Okay. Seems that's uh, uh, yeah, it's uh. Vice Chair Rodriguez: That's New Business, 13, right? Chair Taylor: It's under, um, New Business, item 10. Vice Chair Rodriguez: No, it's 13. Chair Taylor: Not on my agenda. It's item 10 under New Business, Discussion of CRA Legal Counsel? Vice Chair Rodriguez: Oh, I'm sorry, you're right. Chair Taylor: Yeah, Item 10. Let's put that up here, uh for the next item before we get into Agenda Approval, so we'll have the right legal advice. Board Member McCray: I'd like to pull, uh, Consent Agenda, Approval of the Minutes, Item A. Vice Chair Rodriguez: I'd like to pull Items B through H. 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Okay. Board Member McKoy: B through H? Vice Chair Rodriguez: Yes sir. And, ah, you know the reason I'm, I'm pulling these items is because this is kind of the first time for us up here as board members so I think it is important for clarity and understanding that we go through some of these programs, we get a better feel and understanding for what they are and how they apply. So I'm gonna ask a lot of questions and it's just for understanding. Chair Taylor: Okay, so basically we're pulling the entire Consent Agenda except for item I, unless somebody wants to pull 1. Board Member McKoy: Might as well pulll while we're at it. Board Member McCray: Might as well. Chair Taylor: Okay, then. Board Member Weiland: Mayor, as well, I'd like to discuss, under Consent Agenda, Item C that's already being pulled. Chair Taylor: Yeah, we've pulled all of them. Board Member Weiland: Also, I would like to discuss, and I don't think it's in here but under Old Business, uh, when we're finished discussing the status of the MLK corridor, I would like us to be able to discuss where we are going next, uh, whether it's gonna be for an RFP, ah for new proposals or whether we're gonna move forward with uh the second developer of choice. Board Member McCray: Un, uh, I have a letter that I would like to read and it is uh really not a letter, it came from the Palm Beach Post, and it has something to do with prior, uh things that happened before we disbanded CRA, and I need to know what we place this-I need to read it before we start making a lot of these decisions because we need to understand that this was one of the reasons that we got up here because some people-playing the name game and I need to read this. I just need to know where you all want to put it. Chair Taylor: What is it you want to... Board Member McCray: I need to read a letter from the Palm Beach Post, sir, that was dated, uh July 15, 2005 where you made your comments in regards to the Finkelstein property. Finkelstein property. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Okay, we can put that, uh wherever you want it, Commissioner, under New Business? Board Member McCray: I don't know. The quicker we get it up front, the better I feel because I'm just saying this is something that you know, needs to be disclosed. I'm just saying that was one of the reasons we got rid of the CRA was, some people did not like the way that uh, the amount of money that was paid for the Finkelstein property, and I need to make this be a part of these records. Chair Taylor: Put that under Item E then, under Old Business, Item E. Um, Commissioner Weiland, I think what you want to discuss will come to play under Item A of Old Business-and we can discuss that, yeah Board Member Weiland: Yeah, well I did not know if that was-I knew-- Chair Taylor: Where we need to go from there, yeah. Board Member Weiland: Correct. Chair Taylor: Right, so it will probably come under there. Board Member McKoy: Mr. Mayor, I just wonder, we have Public Comments down after the Consent. I'm just wondering if we should have that before the Consent Agenda. It seems to be that quite a few people may have some comments, I don't know what's the mood. I don't know. Vice Chair Rodriguez: Okay, we're moving it up? Chair Taylor: You want to move it up? Vice Chair Rodriguez: Let's get it out of the way, yeah. Chair Taylor: Don't mind me. Okay. Want to move Public Comments up above Consent Agenda, I guess. All right. The consensus is to do that. So we'll do that. Board Member McCray: Mr. Mayor, the next thing is, when we get to Old business, when we get to Auburn Development, when we get to the presentation by respondents to the Ocean Breeze RFP, I have comments that I need to make prior to us going through any of that as it will affect, like everybody says, going to be doing a presentation, because that's something that, that is absolutely necessary to me tonight before I make a vote on anything. Chair Taylor: All right, we'll let you comment ahead of the presentations. 4 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McCray: Before. Chair Taylor: Yeah, before the presentations. Board Member McCray: Thank you. Chair Taylor: Anything else? Is there a motion to adopt the agenda as amended? Board Member McKoy: So moved. Board Member Weiland: Second. Chair Taylor: I have a motion and second. All in favor? All: Aye. Chair Taylor: Anyone opposed to the motion? The motion is unanimous. That will take us to discussion of the CRA Legal Counsel. Vice Chair Rodriguez: As most of you know, or may know, the City Attorney, Mr. Spillias, has tendered his resignation, um as the CRA Board Attorney, so I would like to move for a motion to accept his resignation at this time and assign the current City Attorney to the role of CRA Attorney. Board Member McCray: Before we, I accept Mr. Spillias' uh, resignation, I'm just saying, I'd like to give Mr. Spillias a time to address this board and see if there is anything he would like to make us aware of. The last time the Mayor said it was common courtesy, a courtesy, you know, of the board. And I think it went just a little further than that. I'm just saying that if he wants to divulge anything at this time, it's fine with me and if not, I will go along with the recommendation but I think that he needs to be given a chance to address this board. Chair Taylor: All right. I have a motion and I'll have a second and then we'll open it up for discussion, if he wants to comment. I have a motion and a second, uh. Attorney Spillias, would you wish to comment at this time? Attorney Spillias: My only comment, and thank you board member McCray, is I want it to be known that I um have enjoyed the past three years, uh representing the CRA board. I believe that the uh um, I recognize that the City Commission had its reasons for doing what it did, but the CRA Board that I served with, I think, did an excellent job, um and was moving this City forward. I certainly hope that uh, that that continues. Um, it has been a pleasure, and thank you. 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: I want to thank you for your service and uh, and uh, I do have a motion and a second. Any other discussion? Chair Taylor: All in favor? Chair Taylor, Vice Chair Rodriguez, Board Members Weiland and McKoy: Aye. Chair Taylor: All opposed? Board Member McCray: With regrets, Nay. Thank you sir. Chair Taylor: Is that a nay? Board Member McCray: Nay. Chair Taylor: Okay, show the motion passes 4 to 1. So at this time we'll ask, uh Mr. Cherof to assume the position of the CRA Attorney. Thank you. Board Member McKoy: I'm just, well, go on. Board Member McCray: No. We need to know has it been done prior, before? I need to know, are we in legal with doing this? You know, I'm just saying, you know that so much has been said, okay, some things are not okay. I'm just saying, we need to ask questions. Chair Taylor: What's your question. Board Member McCray: My question is, ah, what just happened, I'm just saying, with the City Attorney, are you comfortable doing what you're doing now? Attorney Cherof: Yes sir. I'm simply resuming the role that I used to play before the Commission, um, created an independent board with other individuals serving in your capacity. Board Member McCray: Thank you. Chair Taylor: We accepted his resignation. Board Member McCray: Okay. Chair Taylor: Okay. This take us to uh, we moved Public Audience up to this, so at this time, any of the public who wishes to address the Commission, items not on the 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 agenda, may do so at this time. We ask that you give your name and address for the record and uh, limit your comments to a three-minute time period. Board Member McKoy: Mr. Mayor, I'm sorry. I need to back up for just one moment if I may. Uh, I have a concern, and, and, hopefully, the attorney can address. Uh, I don't necessarily have a problem with, um the City Attorney sitting in as Acting um, um Attorney for this board. I'm, I'm just concerned about any perhaps conflicts. I, I mean, there are could be, as long as he's sitting on this board, and we haven't decided how long we plan to, how long before we can fill this seat, if we plan in fact to fill the seat; but I'm just wondering, are there ever times when issues come up that perhaps we could be on opposing sides being the City versus the eRA on issues and getting advice from the same attorney? Board Member McCray: Thank you. Chair Taylor: Do you wish to address that? Attorney Cherot: You're asking me to address that? Chair Taylor: Please. Board Member McKoy: Someone. Attorney Cherot: That would be extremely unlikely and in a situation of that nature, I will counsel you on how to deal with it. Chair Taylor: We have, um, I've been in this position before. I served as a CRA Board and uh, he was our CRA Attorney, and there was never a problem between that and the Commission. This is not, this is nothing new. We've been down this road before. Before we appointed an independent board, that's the way it worked. Board Member McCray: Mr. Mayor, I, I have comments, you know, even before we hear from public audience and that was that um, Board Member Rodriguez, that's how I will be referring to everybody, as that's all we are at this point, because we're Commissioners at another stage of the game, but that he was trying to establish protocol. I am concerned about protocol as well and one of the main reasons I am concerned about protocol is that when business is handled, I'm just saying one of the main concerns that Board Member Rodriguez had was that he wanted to meet with the Chairman of the Board. I want to know how we are going to address the Sunshine Laws for him in regards to this. Chair Taylor: Which, he wanted to meet with what? The Chairman of the CRA Board? 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McCray: He stated that one of the main reasons sir, and I will talk on this, was that his main concern was that he wanted to meet with the Chairman of the CRA Board. You serving, sir, as the Chairman of the CRA Board, how are we going to handle this with the Sunshine Law, if I need to address that to counsel for ethics. Attorney Cherof: There will be no meetings of that nature. You are governed by the Sunshine Board and all of your discussions will take place in a public setting following notice. Board Member McCray: Thank you sir. Question answered. Chair Taylor: I have to.. .I'm not sure I understand what I'm hearing here. Are you telling me that a board member cannot meet with me... Attorney Cherof: Cannot meet with you as the Chairman. Chair Taylor: Oh, no, yeah, no way. Attorney Cherof: And that could not occur because you are governed by the Sunshine Law. Chair Taylor: That's correct. Board Member McCray: I wanted to make sure it was stated for the public record, sir. Attorney Cherof: Anyone of you can meet with the Executive Director at any time. Board Member McCray: Protocol Chair Taylor: Thank you. All right. That takes us again to public audience. Anybody in the public wish to address an item not on the agenda may do so at this time. Please give your name and address for the record, and limit to, comments to a three-minute time period. Sister Lorraine Ryan: I represent Women's Circle at 145 NE 4th Avenue, as well as the Boynton Beach Patch, which--because we have no actual venue, we are a floating enterprise. Um, I would just like to uh, point out that there is a tremendous need in the Heart of Boynton area for a community health center. Ah, we have been asking--I brought with me a request dated May 18, 2004 to Mr. Doug Hutchinson. Uh, basically, it was asking for that to be entertained, a community health center in the Heart of Boynton. Uh, we even submitted a plan at that time. Um, I think the uh, Commission 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 and the CRA is certainly very well apprised of the fact that in this country, we have 45 million uninsured people and that's about one-fifth of the population, and that is true also of the City of Boynton Beach. We get phone calls constantly from uninsured health, uh, people that do not have health insurance. Ah, it is a vital need. Uh, then the other issue is that uh, the Women's Circle, as well as the Community Caring Center have a need for great expansion in the area so I hope that this will be entertained in the future planning. Thank you so much. Chair Taylor: Thank you. Doris Jackson: Good evening, Doris Jackson, 531 NW 10th Avenue, Boynton Beach, Florida, President of Poinciana Heights Neighborhood Association. Urn, I have a question to the CRA Board. Are the Items that were started by the previous CRA Board, will they be continued? Chair Taylor: Yes and most of them are on the agenda tonight. Ms. Jackson: Okay, one that I, I'm thinking of in particular, the building across from 5t. Paul Church on 10th Avenue, the vacant building that's owned by the CRA, the property there. We was asking the neighborhood associations, along with Mad Dads, was asking about that building so we could house Mad Dads for the community and the neighborhood associations for their meetings and what have you. Chair Taylor: Is that, have you talked to staff about that? The staff on that? Lisa Bright: Mr. Chair. Chair Taylor: Yes? Ms. Bright: If I could speak to that. Um, there was an initiative, um to renovate that building possibly, and considered that. However, the moratorium on the MLK corridor has prevented that decision from moving forward. So, hopefully tonight's discussion on the MLK corridor will give this board an opportunity to reconsider that maybe. Okay? 50 that's where it's at. Ms. Jackson: Okay. Ms. Bright: All right. Chair Taylor: Thank you. Willie Aikens: My name is Willie Aikens. I'm at 726 NE 1st Street. I was gonna to, piggy back off of that too, 'cause we was all concerned about because it could be 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 utilized for many other things but I do have other questions. One of my questions is that a lot of people are concerned with your purchase for, ah houses on NE 5th Avenue and they're boarded up at this time. What is the purpose of those there? Are they gonna be utilized where taxpayer money's gonna be used there, or are they just gonna be ah boarded up and it becomes an eyesore now that we're purchasing a lot of things that's boarded up and a lot of people are concerned about that. Ms. Bright: That was a future redevelopment project that, excuse me, is part of the whole HOB work program. Um, I think we're gonna have to look to this board to see if they want to urn, continue. We bought a lot of land, assembled land, and we're gonna be working with the development community, uh, excuse me, developer, to turn that into an affordable housing project so that we did have to board them up. Mike, are those slated to be torn down? Yes, they are. Mr. Aikens: They were never been used. Is that the best way to use the taxpayers' money, they could not be remodeled or reconditioned being that it is hurricane season and people are looking for homes? Ms. Bright: Previously, we were going to move forward. Like I said to you, we're gonna have to bring that item back to this new eRA Board and look for direction from them. If that's what they want to do, is retrofit those, or do a larger development project there. Vice Chair Rodriguez: What was the uh, the direction of the old board? Ms. Bright: They were getting ready to do a larger development project for the, I forget, how much, how much acreage do we have? I forget. Mike Simon: The project-- Mike Simon: Excuse me. Mike Simon, Development Manager, CRA Development Manager. The, the configuration of the properties that have been aggregated and assembled under several different purchases, uh by the CRA, uh, puts together about 2.82 acres which, urn, allows for the building of about 40 units. The idea was to go in with a, a complete uh, affordable housing complex uh, two-story, urn, and, and get more units out of that land. Those five buildings unfortunately, as nicely painted as they are on the outside, ah, are a manufactured-type home, uh, design and structure. Uh, they're on stem wall uh, the floor joints and the, are, are sagging. There's separation from the interior walls from the ceilings, uh, again, fortunately for the neighborhood, they were uh, I think, cosmetically more appealing than they are structurally appealing and therefore I don't believe that um, uh you know investment in, in trying to make them a usable workable home as opposed to 40 would make, uh, would make more sound sense than to get more units than the five units. That was the 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 intention, was to aggregate properties that we have behind that, that are stretched over onto 4th and create 40 units as opposed to five. That, that's the intent. Now, obviously-- Vice Chair Rodriguez: That's a future project that's gonna come before this board at some point? Chair Taylor: Right. Board Member McCray: My, my question is, since you are the developing agent, okay, I got so much stuff that got thrown at my door, you know. Not that I mind. Is any of this contained in the information that you just stated? I'm just saying I got about 14 packages up here. Which one should I read through to find that information, I'm just saying. Ms. Bright: It's included in the Heart of Boynton Plan. She redeveloped that block. It's part of the Heart of--the adopted Heart of Boynton Plan. Board Member McCray: This one? Lisa Bright: Yup. Board Member McCray: Thank you, III read that. Chair Taylor: Thank you. So that'll come back to this board when they bring it back. Mr. Aikens: Okay. The other question I had is um, what is the actual density for the development that we're looking at um, is it 20 to 40 or 40 to 30 density for the properties on the MLK development? Are you aware? Chair Taylor: On MLK? Mr. Aikens: Yes, on MLK. Chair Taylor: I think currently, it is, currently, I believe it's zoned for ten units per acre and there's talk about it going to 20 units per acre. Is that correct? Ms. Bright: Yes. Chair Taylor: It's currently zoned for ten units per acre and there was some discussion about, through all the different planning, like Treasure Coast, that it might need to go to 20 units per acre. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Mr. Aikens: When I looked at the plans, I think it had 30 per unit. Chair Taylor: Well, those plans have not been approved. Mr. Aikens: Okay. That's what I'm asking. Chair Taylor: No plans have been approved there. Mr. Aikens: Have you came to those plan? Chair Taylor: Well, there's nothing approved. Mr. Aikens: Well, the other question was, is there any, any townhouses that is gonna be in that development on 5th Avenue? Were the townhouses gonna be scheduled for that or were it's gonna be rezoned for that? Um-- Chair Taylor: I don't think we, I don't think we know because it hasn't come to us but, Vivian, do you have it? Vivian Brooks: Uh, the intent was to, um, assemble as much property as we could on that block and then to put it out for RFP to see what we got. We, we would expect most likely that it would be zoned a special high density residential which would lend itself to town homes. Mr. Aikens: I, I know I'm taking a little bit more time but, just for clarification and things like that, we was under the impression that there's a lot more needs of single- family homes and things like that then it was when it was townhouses, so we're not, we're not knocking the townhouses, but we see that we got a lot of projects going on right now and what's happening is that, I understand it's for the future, but right now, we're closing down things, we're building things and you know, nothing is getting done to MLK and people are saying, well why are we still tearing down stuff when we boarded up and there's even vacant lots and closing houses. When is any of this stuff or any of these programs gonna actually make sense to the people that's walkin' by and seein' they don't have homes, they don't have places to stay? So, what you have to do is let us know exactly why you're doing these things here, and are you actually spending taxpayer monies to do the right thing when there's so much needed, uh homes and houses and things right now. Could anyone address that? Chair Taylor: Oh, I can tell you we'll be moving on a project tonight, one way or the other, on the Sea Breeze project. That's on the agenda, so we're moving on that and, and uh, as far as the...! hear what you're saying, the, you know, a lot of the people over there want single-family homes. The problem is you cannot build a single-family home that anyone can afford there. You know what it costs to build a single-family 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 home, nobody can afford to buy it. So, that's why they're talking about townhouses or probably some increased density. So, but none of that has been done or approved yet. That will come back to us and we'll have the input from the community and, uh, if you don't want it, you know, you need to express that opinion. But I can tell you to uh , to put a single-family home in there, who's gonna buy it? Ms. Bright: Mr. Chair, Mr. Chair, Vivian, could you speak to--I know we have the three Parker properties that are gonna be single-family homes. I don't know how many other infill lots we've done. I mean, maybe right there on that particular location or not, but I know we've done the three right across from almost the Treasure Chest and how many other single-family, there are a couple of Habitat ones. Ms. Brooks: Currently, we have, um, the Habitat House on 12th Avenue, NW 12th, has broken ground. There will be a groundbreaking ceremony for that. That is, um, was formerly a vacant lot, and on Seacrest, there are three single-family homes in permitting that were, um very dilapidated houses that, I looked at them. They could not be rehabilitated. They were so old and ruined by the hurricanes. So there'll be three houses there. So there are four new houses. We currently have one other single-family lot that went out for public notice on NW 12th that we will be getting proposals for a single-family home there. If you read the Heart of Boynton Plan, pretty much it calls for single-family um, mostly west of Seacrest and so, we have been concentrating on buying single-family lots, vacant lots, to build homes on and instead of them becoming garbage dumps, which you know that's what happens to them unfortunately. And then on the east side, the plan calls for some more density, on the east side of Seacrest, uh, south of um, 11th Avenue and the south side going towards Boynton Beach calls for a little higher density, around 20 units a City acre. So the single-family neighborhood to the west is hopefully being renovated and rehabilitated with the addition of new homes in that area. So that's where we're at. We've got four right now that are three in permitting, one that's already got a permit approved, and they all have um, they're all gonna be affordable. So. Mr. Aikens: Thank you very much. I, I just want to make this last comment. The reason that we was asking for the single-family homes is because there's a lot of elderly people that can't go upstairs and I know most of these things will not have elevators in them. Am I correct? Just to--and you have to understand, if people can't go upstairs, how will this be useful for them? Chair Taylor: Well, I believe that if you build nowadays, if you build, um, more than one story, you have to, for a, you have to go by the Federal Guidelines that you have to have accessibility, so, most places I think would have to have elevators. Mr. Aikens: No they don't have to have elevators. 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Brooks: Not in a townhome. No. Mr. Aikens: Not in a townhome. Chair Taylor: Not in the townhouses, the townhouses do not? Mr. Aikens: No, no, that's why I was saying- Chair Taylor: That's a problem, that's a problem, yeah. Mr. Aikens: Then, then, well, I'm addressing that now because it's come to me that Senior Citizens are saying, well we can't go into elevators, we can't, you know, they, if they don't have elevators, how are they gonna be accessible? Chair Taylor: well, that's something we'll have to look at when it comes before us. We'll have to check that out. Mr. Aikens: Okay. Thank you, thank you very much. Chair Taylor: Thank you. Victor Norfus: Good evening, my name is Brother Victor Norfus. I live at uh, 261 North Palm Drive, Boynton Beach, Florida. Um, I had, uh, initially I had two questions but um, I also have a third question now. Um, it's relating to the uh, the appointment of the, uh board. Uh, I don't believe that's on the agenda at all. Um, my question was that in the, uh Commission Meeting where they were very expeditious in removing the board members, uh, did you have any forethought in appointing a new board with new members as expeditiously as you removed that? The reason why I'm stating that was in the, uh City Council meeting, as we were all there, uh, there were some nominations made for the Chairman and the Vice Chairman and there were implications implied that the reasons that those people were nominated was because of longevity. Uh, that other City Commissioners, uh would not be on the City Commission and so, therefore, they were being nominated for a purpose of longevity. Um, in that event, uh, we will have uh new City Commissioners coming up and that will also have an impact on the board itself. Having an independent board, independent of City Commissioners, that will be elected every, what two or, every two years I believe 'cause it's alternating. Uh, we could have a different uh CRA board up there and uh that was one of the questions that I had was that you expeditiously dismissed the board but you have no implications of reappointing any other board. The other question, relating to that also, was the, uh knowledge and information that the CRA board has, as far as redeveloping a community. Um, I did inquire about the previous board to see if they had taken any training that was provided by the City or the State, as far as redevelopment and learning exactly what it is to redevelop a community, and I'm gonna ask the same thing 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 of this board as well. I understand we've had 20-20 visions and we've had all kinds of implications and all kinds of plans, but there is actual training that's required to actually redevelop an area. So. when you're making decisions, as the gentleman just stated, please don't go up two-story townhouses. You don't have elevators in a townhouse, and, so that would lock out a large segment of the retirement population that cannot climb stairs, as well as other implications as far as the makeup of the neighborhood, and the housing and the density level as well. So that was the second question I had was the training of the eRA Board itself in redevelopment. The third question I have, which came up with the lawyer himself. Um, I'm not sure if there is a separation of fees or payment or policies or how that would impact. He did state that previously he was uh, the City uh, Attorney for the CRA Board when the City Commissioners were handling it but um, there is some questions about the way that it was done, the expeditious nature that was done, and no implications that there's gonna be any opportunity or effort to even select a new board and verifying the qualifications of those members on the board. Being a City Commissioner is a wonderful position, but there's also training that needs to be goin' when you're talking about redeveloping a City. Hopefully, you can answer those questions within three minutes. Chair Taylor: Yeah, I can. Attorney Cherof: Mr. Chairman, the first question that he posed regarding the appointment of the board itself is a matter for the City Commission, not for this board, and uh the speaker should be asked to come back to the City Commission meeting if he wants to pursue that issue. Chair Taylor: Thank you. The second question dealt with um, um, training? Mr. Norfus: The knowledge Chair Taylor: Yeah, knowledge. Brother Norfus: The knowledge and training that would be required as far as making certain decisions, as far as designing, as far as townhouses versus condos, as far as homes, and so forth. We all have our ideas but there is training that is provided and can be provided and it is available. Uh, the question is, are you gonna access yourselves of those uh, do you already have them or you're just gonna go by your gut feeling? Chair Taylor: The board is, uh basically to set policy for its programs. That's why we hire staff who has the expertise in these fields, and we listen to their advice. We listen to comments from the public. When a developer comes in, they come in with expertise and backgrounds on development. We listen to what they are proposing, and that's our 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 job here is to set policy and to, to take the guidance of the people who are expert in those fields. Board Member McCray: Let me address Mr. NOrfus in regards to myself. First of all, about once or twice a year, I do take classes. I'm just saying that's why I watch what other people are doing so, as far as what the CRA is doing and redevelopment and stuff like that, I've asked people what have they done. You know I've went and viewed things. I'm just saying I'm very much abreast on what is happening. That's why I have not moved as fast as people thought I should have moved because I have not liked what I've seen going on here in the City of Boynton because, I'm just saying, we was all given a can of worms that got out. I'm just saying that nobody really know how to get them back in and I'm just saying I am trained, sir. That's what you need to know about me. I can speak for myself only. Mr. Norfus: Yes, that's what I was asking was, are you--all currently had the training or do you not feel it's necessary or will you be getting it? Um, I understand that policy and procedures is what you, uh--but still, that was the question. Chair Taylor: I'm comfortable, I'm comfortable making decisions with the information I'm provided. Mr. Norfus: So, there's no training? Chair Taylor: I've been, I've been down this many times. I've served, I'm on my seventh year as Mayor. I've handled a lot of development... Mr. Norfus: Okay, experience. Chair Taylor: I have the experience in this City. I have the experience and the background. Mr. Norfus: Okay, so, there is no fees or um, as far as the um, attorney, I don't believe he answered the question. Chair Taylor: Yeah, he did. The City Attorney of course will be paid for his time spent on CRA issues. Mr. Norfus: So it's a separate- Chair Taylor: It's a separate fee that is charged for this, yes. Board Member McCray: That's by the CRA, correct? 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Yes. The CRA pays that. Board Member McCray: I just want to make sure. Mr. Norfus: And any questions concerning the makeup of the board will have to be addressed at the City Commission. Chair Taylor: Yes. Brother Norfus: Thank you. Chair Taylor: You're welcome. Rod Silverio: Good evening, uh, Rod Silverio, 10 Velaire Drive, I just have one quick question for clarification. Why was the CRA Soard originally created for, independent of the City and Commissioners at that time? Thank you. Chair Taylor: Normally, urn, I wish I could give you a definitive answer on that, but I think it's uh, many cities go that route to do an independent board. I don't know if anybody else has a better clarity on that, but while this Commission was, acted as a CRA Board way back when we first started it, but as it grew and became more involved, it felt like it was good to have an independent board to look at those things. There's a lot to cover and uh, this uh, we are now taking on that thing in this transaction. I would probably think that down the line in the future, I don't expect this in the next few months, but in the future, I would expect that two things could happen. Either we would add people to this board, some people from the community, add to this board to make it a seven-member board possibly, at least, or we would go back to an independent board somewheres down the line. But that's the two options we have. Or remain as we are. Board Member McCray: Let me address that from what I see. You know, just from the time that this board was dissolved and we took on the responsibility, okay? Prior to that I did not serve on the CRA Board. I'm going to be honest with you, sir, and the amount of work that has come to my house, my home, I have been inundated with paperwork. I got a briefcase I am dragging around. I don't know if anybody else want to drag theirs but I am because I am overwhelmed now with work. I'm just saying because when it gets to the budget that I have to look at, I have a whole lot of questions because we are inundated, we work as Commissioners and we have overtaxed ourselves. This is my opinion, sir. I try to step up now to the plate so that we are going to serve as the CRA Board. I do not feel comfortable, sir, at this point. Thank you. Chair Taylor: Yes, sir. 17 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Herb Suss: My name is Herb Suss, uh, resident taxpayer of the City of Boynton Beach. I want to know whether uh, when the Intown question comes up- Chair Taylor: Oh wait, that's on the agenda. Mr. Suss: No, no, I said. I'm asking a question whether I'll be able to talk about it at that ti me. Chair Taylor: Yes. Mr. Suss: Okay. I wanted be assured. I have a problem, and I like Mr. Cherof, I really do. He's a great guy. However, in lieu of what the Commission did in getting rid of the um, CRA Board, okay, I feel that for the public, I, as a citizen, would feel much better if we had a, Mr. Spillias or somebody to, 'cause he knows about it, to help you out and uh, I would feel more comfortable of having another attorney, an independent, uh, other than an attorney that serves on both sides of the aisle. I, I raise that question to instill more confidence in the community. 1 have, like I said, high regard for Mr. Cherof, but I still feel that uh, what was done, and I'm an unhappy camper what was done, so to, and I think everything'lI be okay, but I still would like to have an independent attorney, whether it be Mr. Spillias or somebody else. Now, uh, Commissioner McCray brings up a very, very, very interesting point, okay? You gentlemen work hard with the Commission, you do. You got a million things going on, you got books this wide and this big. Now, and you're doin' that job, I foresee a problem where you're gonna be inundated with the CRA uh, stuff. There's no question in my mind bout it, and I'm not too comfortable with that either. In other words, um, you got, um, like our Congress does, they, they pass bills and the, the laws are about a thousand pages and they don't read 'em, okay? Now you're gonna have a lotta paperwork with the CRA Board, 1 know you got a very fine uh professional staff to advise you and everything like that, but you gentlemen, and I'm a taxpayer, you're gonna be spending my money. I want clarity and to read all that material, 'cause I see you come in for the Commission Meeting yea big, and the same thing with the CRA. I, I hope, and you're gonna be up to the task, I have my doubts because it's an, its overwork. You can just about, you do so much and something is gonna short' circuit somewhere along the line and, again, I wish you would take up, uh, a discussion about having a different type of lawyer to, to type of uh...you know? Okay. Thank you. Chair Taylor: You're welcome. I would just respond by saying uh, as I said, I don't know if any of the others were served, did you serve, uh we served uh when the Commission was a CRA before and, and Attorney Cherof was our attorney. There was never any problem. There was never anything brought up from the community. It ran smooth as silk. I think it'll happen again. I will say yes, it's an additional work on us. However, I will remind you that uh City Commissioners are considered part-time people, 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 not a full-time job and, uh, so, and, yes this is an additional thing but uh, I don't have a problem. I've done it before and I feel comfortable doing it again. Board Member McCray: Let me make a comment to that. I'm just saying we're considered as part-time employees and with pickin' up the eRA, I'm another part-time employee. I'm considered, not, almost as a full-time. That's all I need to say to after that, okay? This is a lot of work. Board Member Weiland: I'd like to briefly address that myself. Um, we have assumed the responsibility of the CRA and ah, for myself, assuming that responsibility as a CRA, I will take on the responsibility of reading all the material. I already have, I have been inundated with material such as you, Commissioner McCray. Ah-- Board Member McCray: Maybe you can answer some of my questions when I get to them, sir. Board Member Weiland: And ah, you know, so, you know, it takes time to work through everything, but that's our responsibility, and I think as board members, ah, we'll all assume that responsibility and handle that responsibility, ah. I have a full-time job. I'm a Commissioner part-time and I'm a CRA Board member part-time, and uh I enjoy doing it all. And uh-- Chair Taylor: No rebuttal, no rebuttal. Board Member Weiland: Uh, I will do uh, every bit of a hundred percent to be aware and uh make meetings and uh, be accessible, ah, in order to complete this task. As far as uh, this attorney is uh, goes, my opinion on that is I've worked with him in the past as a CRA Board member, as a Commissioner, I'm very comfortable working with his, not only ah, Mr. Cherof but his entire firm. I've um, met with other attorneys in the firm. I have a relationship. I can, you know, I understand him, and uh, it's a very smooth flowing process. I wouldn't want to start over with a new attorney that I had to ah, you know, develop a relationship with, and uh, come to understand. Chair Taylor: Okay. Mr. Suss: No, it's not a rebuttal. Chair Taylor: Sir, you had your three minutes. Mr. Suss: No, no, well, I didn't, well, other people stayed up here a little longer. Chair Taylor: No, I, I'm sorry. 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Mr. Suss: If I could just have one. Chair Taylor: No I'm sorry. I gave you your opportunity. You had your comments. Mr. Suss: Well, I have one more point. When elections come up in November, okay-- Chair Taylor: Yes. Mr. Suss: Uh, if the present, uh incumbents are not elected, then we have to go back to the training board but this is gonna be a problem to get somebody up on speed, again, and, and I foresee that problem. Board Member Weiland: That would be the case in any election. Whoever comes on board has to come up to speed. Chair Taylor: You might want to make sure they're up to speed before you vote, before you vote for 'em. Chair Taylor: Does anybody else wish to uh-yes, good evening. Wanna McCloud: 215 NE 7th Ave., Boynton, to the Mayor, how long ago was it that you were a CRA Board member. Chair Taylor: It's been years. Ms. McCloud: Has not the City changed? Chair Taylor: I'm sure the City has changed. Ms. McCloud: Okay. If the City has grown since you were a board member and you deemed it need be to establish a board because of the growth of the City, I would like to know why we digressing. Chair Taylor: Thank you. We've discussed that when we did all of this so I'm not gonna go back into it tonight. Thank you. Ms. McCloud: But, so, some of us were not here when you discussed it. Chair Taylor: Well, I'm not, I don't feel we're digressing to answer you. Anybody else wish to address the Commission at this time items not on the agenda? Seeing none, I'll close the publiC audience. We'll go to the agenda, and the items that were pulled., everything was-- 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McCray: Mr. Mayor, also before we do a correction, I need to pull uh B. I'm just saying since uh, I'm just saying since uh, I needed some questions about the financial report in the budget. Chair Taylor: Everything was pulled. "An through--everything was pulled, so, we'll go to item that was Approval of Minutes. Board Member McCray: Right, and the reason I had item A pulled was I was not at the agenda meeting. I'm just saying, for the CRA, and I'm just saying I cannot vote for this agenda and I'm just saying from counsel, what is our correction on doing this because I was not there, I'm not gonna vote for something I was not sitting upon and make sure that it is correct. Attorney Cherof: It is your obligation to vote on the item and it makes no difference whether you were present at the meeting or not present at the meeting. Um, it's a ministerial task of the board to approve the minutes. Board Member McCray: Er, Let me go back and say it to you again. We was not board members then and I'm just saying I was not there, and I don't care what you tell me by this administrative, sir. I cannot vote for this in good conscience, whether I'm reading this or not because I was not there. I don't know what was said and done, what's correct. I cannot sit up here and say I'm gonna vote to approve something and I wasn't there. I don't know what was done. I don't know if there was anything-- Attorney Cherof: May--one of your alternatives is to request that the item be tabled to afford you the opportunity to review the minutes and confirm their accuracy to your satisfaction. Vice Chair ROdriguez: May I, Chair? Chair Taylor: Yes. Vice Chair Rodriguez: Motion to approve the minutes. Chair Taylor: I'm sorry, um board member. Vice Chair Rodriguez: Motion to approve the minutes of the June 12, '07 CRA board meeting. Chair Taylor: I have a motion, is there a second? Board Member Weiland: Second. 21 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Have a motion and a second. All in favor? Chair Taylor, Vice Chair Rodriguez, Board Member Weiland: Aye. Board Member McCray: Nay Board Member McKoy: Under discussion. Chair Taylor: Under discussion: Board Member McKoy: Un, uh, I, I too would concur with the Commission McCray. Um, um, I have a concern about approving this um, as stated, uh, not having the, uh opportunity, uh to know exactly what was said. Uh, I'm being honest, I have not had the opportunity to review all of the information. Uh, trying to get up to speed with all of this, I did not review the agenda, um, the minutes um, so I, I will, I will ah vote, um with the note that um, um, there are some items, I have not had the opportunity to review that. So I would vote nay. Chair Taylor: As uh, there is uh, all in favor, all opposed, I think I have a three to two. Is that, can you do that or do we need to pull minutes and have them reviewed? Attorney Cherof: No sir. If you approve it by a three to two, the minutes are approved as written. Chair Taylor: Okay. All in favor of the motion to approve, say Aye again. Chair Taylor, Vice Chair Rodriguez, Board Member Weiland: Aye. Chair Taylor: All opposed. Board Member McCray: Nay Board Member McKoy: Nay Chair Taylor: Show the motion passes three to two. Chair Taylor: Item B, Approval of the Financial Report. Vice Chair Rodriguez: Yes, um. Chair Taylor: Yes. Vice Chair Rodriguez: I have a couple of questions, please. 22 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Um hmm, take a couple... Vice Chair Rodriguez: The amended budget is $10,018,000, correct? Susan Harris: Interim Finance Director. Yes. Vice Chair Rodriguez: Okay, and, the unencumbered balance, which is basically the balance remaining for this fiscal year, is $6,458,480, is that correct? Ms. Harris: Correct. Vice Chair Rodriguez: Where is the, so basically you're saying the 6.4 million dollars and uh, is remaining in the budget. Where is the Ocean Breeze purChase for 7.1 million? Ms. Harris: The Ocean Breeze purChase came out of Bond #11 proceeds, which is not shown here. This is the General Fund you're looking at. Um, Bond #II, um, was, in December of '05. Most of those proceeds have been spent and that's where the Ocean Breeze money came from. Vice Chair Rodriguez: There a urn, page where those bond proceeds are outlined? Ms. Harris: No. But I can get that for you. Vice Chair Rodriguez: Okay. Ms. Harris: That's generally not part of the monthly financial report but I'll be happy to provide that for you. Rodriguez: So would that include the Ocean, 211 Ocean purChase also? Ms. Harris: Um. No, that was General Fund. Ms. Bright: that was General Fund. Vice Chair ROdriguez: That's out of here? Ms. Harris: That is in here already. That was under, I believe, Development. Urn, and the line items aren't specified in this. You'll see the departmental line items, but, the, every particular item underneath those line items are not here, but that was in the development line of the General Fund. Vice Chair ROdriguez: Was that, all of the development projects... 23 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Harris: Um, that is down towards the bottom, where you see, under Original Budget 2.4. Vice Chair Rodriguez: Yup, I see. Ms. Harris: And then, that's where that came from. Vice Chair Rodriguez: So, you've got, um, well you had a budget of 2.3, now you're saying the balance is 3 million. Ms. Harris: Yes. Ms. Bright: Yes, that is because the incentive from the old Arches project, I was able to rescind that money from the Arches Project and bring it back in and that was the money we originally were discussing to purchase the Boynton Women's Club. That's why the balance is so high. Vice Chair Rodriguez: So, that incentive was previous year's budget? Ms. Bright: Correct. Yes. It was paid out last year. Vice Chair Rodriguez: Okay. So that's why, that why the budget is 3.3 and we have a surplus in the budget, I guess you could call it, or an excess from the original budget. Ms. Bright: yes. Vice Chair Rodriguez: Okay. That's all I have. Board Member McCray: I have questions. Okay. I, I'd like to start with page one and if Board Member Weiland want to help me, I'm just saying, I don't mind because he say he understands. I don't understand all this. TIF income. Can you tell me what we're doing with 3.25, and I have a few of these. I'm gonna just keep goin' down. If anybody want to jump in and explain this to me, you know, I will, I will welcome the opportunity because I need to know. Ms. Harris: The negative 3.25 means that we actually received more TIF income than we anticipated when the budget was developed. Board Member McCray: Okay. Let's go to Festivities and Event Income. We"er spending like we got like 623.08. I'm used to seeing 100 percents and I'm trying to find out how we get to 623, you know, I'm not a rocket scientist but I'm usually-- 24 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Harris: When the budget was developed, we did not have the Special Events. Only from the fact that we had the events, we didn't have the um, staff person and that person didn't come on 'till November. So those costs were, uh, after the budget was already approved, so I know that we share 49% of Kathy with the City and 51% of the City. So I'm sure we didn't budget enough money in that area, specifically since we separated it from Marketing this year, so we probably did a bad job of budgeting. Board Member McCray: No problem. I am also somebody that don't understand this budget, so I'm gonna keep asking questions, okay? Investment Income. There is a negative 78.640/0. Can you explain that to me, and I do apologize. You know, for not having served on the CRA Board before, I'm asking dumb questions. Ms. Harris: No. Board Member McCray: -- because everybody seem like they know, okay? Ms. Harris: No, no, there's no dumb questions and there's no need for apologies from anybody. That, this line means that we received more in investment income than we anticipated at the budget year, so we're over budget to the positive in investment income. Board Member McCray: Okay, let's take the next item, Insurance. Why are we showing a negative 9.21? Ms. Harris: That insurance line, that's all life insurance, and that is because we had two new staff members join during the year, and um, oh I beg your pardon. Board Member McCray: Thank you. That's your new staff. Ms. Harris: I'm sorry, I'm sorry. Board Member McCray: 'Cause you said "I beg your pardon. II Ms. Harris: I'm sorry, yes. Board Member McCray: I'm trying to think about maybe you're on the wrong page, I'm on the wrong page. Anyway, the next question is that, are we utilizing the same ah, insurance that the City utilized because they had a 3% decrease. I'm just saying are we utilizing same company? Ms. Harris: No. We're not and as a matter of fact, I'm working, I don't know if Chuck Magazine is here, but he's been working with me on reviewing our insurances and 25 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 making sure that we get um, uh, the, everything is appropriate and qualified, and he'll be working with me for the new budget year also on our insurances. Board Member McCray: Okay. Thank you. Marina Project. Okay, we got a 54.39 minus. Ms. Harris: Yes. That is because, that's an expense line and you'll see our expenses are more than we budgeted. Since the Marina came on line after the budget year, you have to offset that negative variance against the positive variance above for Marina rental income, and you'll see that actually, if you take the negative versus, if you take the expenses versus the revenue, we are positive for the Marina. Board Member McCray: Good. Okay, let's go to TIF Collections. We got a minus 3.25. Ms. Harris: Talking about the first line? Board Member McCray: I most, page 2, yes ma'am. I'm, you know, I, I don't understand. I'm not gonna sit up here and you know, I got to have me some answers with what's (indaudible) -- Ms. Harris: Um page 2, page 2 through 26 are the details of everything on page 1. So, that again, the TIF income is more than what we anticipated at the beginning of the budget year. In other words, we budgeted for 9 million and we actually received 89.2 million so we are positive in that line. Board Member McCray: Okay. Marina Fuel Sales. We got a minus 107.38. Explain that one to me. Ms. Harris: This again is a revenue item so we, you'll see that's an amended budget item. We thought that we were only going to receive $203,000 for the entire year for fuel sales for the Marina but so far, the year-to-date, we have received over 420,000 so that is a positive variance again. Board Member McCray: Let's go to page. Miscellaneous, under Purchased/Contract of Service, we got 107.27. Ms. Harris: This, this um budget for legislative is actually the board's budget page and Miscellaneous uh, uh, represents some charitable contributions that were made, that were not anticipated at the beginning of the budget year. Board Member McCray: Okay, you said this is the, the board page, that's us. 26 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Harris: Yes. You're, you're, yes. Board Member McCray: I don't know anything about this. I'm just saying you know, so maybe somebody else would say they know everything. I don't know everything. Explain this entire page to me. I'm must saying, tell me what chari--, what are you doing on this page for us? Ms. Harris: Okay. These are things that we anticipate are going to be spent by the legislative body during the year. For example, under Contract Services, that is, that is basically the minutes that are being taken at each meeting. That's considered a contract service. So that's part of that $6,000 In your uh, original budget and $7,000 in your amended budget. Board Member McCray: So what we're doin' is reimbursing the City for sitting here doing what they're doing. Ms. Harris: Yes. Board Member McCray: Yes. Thank you. Okay. Let's keep on f1ippin'. I do apologize 'cause people say that they know. I don't know. Let's go to page 8. General Property Coverage. We got 12.25. Explain that one to me. And I was an accounting major in college so I know what I'm doing, so--I'm on page 8. Ms. Harris: Okay. This is additional insurance coverage that we needed for urn, the fuel dock, when we purchased the fuel dock at the Marina. Again, this was something that was unbudgeted at the beginning of the budget year. I came on board, I think, in November, and so we didn't budget insurance for that, for that, and also, for the property at 211 Ocean, um Avenue. So that cost us in addition. Board Member McCray: We purchased a field dock, that's what I want to know. What did you say we purchased? Ms. Harris: A field dock. Board Member McCray: Thank you. I didn't know this but you know everybody else may know. I don't know. I'm sorry. Let's go to number 9, Building & Demolition. We got a 9.21. Explain that one to me. Ms. Harris: Yes. This is a line that we have in the budget for the demolition of properties that we purchase. In other words, if they're not going to be renovated and they need to be torn down, that's what this line item is and, um, we have purchased additional properties during the year that were not anticipated, and that's why we are over. This is an expense item. We are over budget by nine percent in that line item. 27 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McCray: Okay. Page 11, we got Property and Maintenance Costs, 6.17. How did we get into that kind of business? Explain that to me. Ms. Harris: Okay. Again, this is the maintenance of all the CRA properties. That's the um tree removal, debris removal. There's lot of waste. Um-- Board Member McCray: The lawn mowing, right? Ms. Harris: Lawn mowing. Correct. When we purchased Ocean Breeze, the Ocean Breeze property, that entailed, I think it was $1,100 expense just to clear all the debris off of that property, and that's what that line item is. Board Member McCray: Okay, explain to me, on page 12, the Marina Fuel Station Overhead. We got 35.11. What is that overhead charge that we're pickin' up there? On page 12. Ms. Harris: Um, marina overhead is the management fee. It's also items such as bank fees, credit card fees, um, that's in that line item. Board Member McCray: Okay, drop right down to Marina Diesel Sales Tax. That money is 88.06. I know you probably don't know what the sales tax was gonna be so-- Ms. Harris: That's, that's correct. We have to pay the sales tax on diesel fuel sales, and that's what that line item is. Board Member McCray: Okay, page 14, Accounting, Licensing & Support, we're 9.75. Explain that one to me. Ms. Harris: Yes. That's again an expense item. The art financial software um, comes with a licensing fee and a maintenance fee, software maintenance fee, and support fee each year, and that is an overage. It's more than we anticipated. It's over by $423 for the year. Board Member McCray: Okay, did we use any software like cross-references with the City? I'm just saying, did we... Ms. Harris: No, no, no we do not. Board Member McCray: That's the answer to the question. Go to page 17. Trolley Marketing Costs. We got a 4.08 minus. Ms. Bright: That's for two reasons really. One, we had some unfortunate vandalism to the trolley signs and it's, it's just not the little map, it's the actual big plastic and metal 28 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 postings so, that were vandalized. So that's an expense item we didn't anticipate because of that and also, we did have to change out the trolley maps because we added two routes to the trolley. Board Member McCray: Thank you. I didn't know that. Let's go to page 19... Chair Taylor: I have, I have a question on that item, while you're there and I'd like to--that trolley, marketing cost, that's a contract we have to market the trolley? Ms. Bright: Yes. That big, the big line item is for the um, the-- Chair Taylor: The $84,000 contract? Ms. Harris: Yes. Chair Taylor: And uh, under that, are they supposed to produce some revenue for us, as far as marketing? Uh, are we supposed to have some return through advertising? Ms. Bright: No, no. That was changed last year. Urn, it's supposed to be goodWill for the community to um, as far as what I would call general marketing and advertising. We were considering flipping this opportunity to the Chamber of Commerce, um, as part of their contract but when I say trolley marketing, it includes, that's what Susan is saying, includes the physical signs. It includes the maps, it includes the signs actually on the trolley, it's a whole component. Um-- Chair Taylor: Okay. I guess my question then is, are we pursuing uh, any possibility of advertising on our trolleys for, for profit? Ms. Bright: No. Chair Taylor: We're not. Okay. Vice Chair ROdriguez: I'm sorry. Question on the side. Urn, so while we are contracting with them for marketing services, we still inherited the liability for those marketing items? Ms. Bright: It's not just the signs on the trolley. That's what I'm saying. The trolley marketing, in terms of a program, encompasses the actual signage encompassed in that there's physical signs, the ones, whatever-- Vice Chair Rodriguez: I understand that. I'm just asking so, you've contracted them for that marketing piece, but yet, we're liable for the items, the tangibles? 29 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: What happened was this is our second year of that particular thing and when we went into the contract, we decided to make it more of a community service type of thing, and getting people's business to be at a very reduced rate. We're not looking to create, you know, a huge revenue stream and I think that's, is that what I'm- Vice Chair Rodriguez: No, I'm not talking about revenue. I'm talking about liability. I just heard Susan say that we had to pay "x" amount of dollars to fix or restore things that were vandalized. Ms. Bright: Correct. Vice Chair Rodriguez: So I heard that we're paying a vendor to do the marketing and do all this work, but yet we assume liability for the work that's done, is what I'm hearing. Ms. Harris: It's separate. That marketing contract is separate from the actual physical signage. Vice Chair Rodriguez: That's two separate contracts then? Ms. Harris: Yes, the second, the signage, is not a contract. Thaes really a small component. The overage is five thousand some odd dollars and about $3,200, $3,400 of that is because of the vandalism and that's actually a sign company. I forget the name of the sign company that actually installs the posts and the plastic and whatever. So, that's separate from the um, the marketing contract for the trolley. Vice Chair Rodriguez: Okay. Chair Taylor: Do we have businesses that advertise on our trolleys? Ms. Bright: Yes. Chair Taylor: Yes we do? Ms. Bright: Yes we do. Chair Taylor: And it's free? Ms. Bright: Um, it's very reduced rate. I don't know if it's exactly free, but I know that last year we didn't get any advertising, and this year the goal was to create a minimum of advertising. Ms. Harris: It, it's minimal. 30 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Well, that's something we may want to look at in the future uh 'cause the trolleys, you know they run all day, uh, I assume, and around, and that's great exposure. Ms. Bright: So it's the goal of the CRA, the former CRA Board, that when we went to contract, urn, Mr. Chair, that we were going to work with the Chamber, urn of our relationship with the Chamber, and work with them as maybe making that as an opportunity available as part of their package. When you join the Chamber, would you get so many free trolley signs to advertise your business, so we're going in that direction. Maybe when we go to budget, we'll look at um, another opportunity that might be of more interest to this board. Chair Taylor: Thank you. Board Member McCray: All right, the next question, you said, when you go to budget. When do you all expect to go to budget? Ms. Harris: I believe those dates are set as August 9th and August 30th. Board Member McCray: August 9th and August 30th. Okay, back to 19. Board Member McKoy: Before you move forward, Mr. McCray, this is an issue I have, not necessarily concerning financial issues, but with the trolley. I observed the trolley making a U-Turn on Seacrest Boulevard last week so if staff can have that addressed, I would appreciate it. Board Member McCray: That's that twelve fifty. Chair Taylor: Okay. Back to.... Ms. Bright. We'll talk, we'll talk to Molly. Board Member McCray: Page 19. Associated, Association Meetings and Seminar. Is that for your, is that for this board here, or that's for the employees? Ms. Harris: That's a staff department. That's our Marketing and Communications Department and that's overage in um, conference fees and related travel expenses. Board Member McCray: Okay, what, where does this board fall on this page or did we come on this page? I'm just saying like for conferences, etc. Ms. Harris: That's on page number--just give me one moment here, that's back in the beginning. 31 Meeting Minutes Community Redevelopment Agencv Boynton Beach, Florida July 10, 2007 Ms. Bright: Legislative-- Ms. Harris: Yes, it's page number four, and you'll see that's the, it's the line item that ends in 225, its 0151010-225. Board Member McCray: Hold, hold on, that's 225. That's the 36 thousand, that's the, unencumbered balance that is $12,281? Ms. Harris: Yes, that's what's left in the account at this point, so you have, you have travel money available. Board Member McCray: They're year-to-date balance is $22,218. Ms. Harris: That's correct. That's money that's been spent since October 1st of last year for conferences such as the IDA, the FRA, which are typically in the fall of the year. Board Member McCray: That was for the board. Ms. Harris: That was, yes. Board Member McCray: So the board this year, this far has spent $22,218. Ms. Harris: Correct. Board Member McCray: Thank you. I'm on page 19 now. I didn't know this. I'm just saying you know, 1-- okay, let's go. I've done that one. Uh, Okay, sorry. Page 20, Associated Meetings and Seminars. Now we picked up $890.28. Ms. Harris: Yes. That's because this was a new staff position that was added in November of last year and there was no budget except for a minor amount for um, travel and seminars and conferences. Board Member McCray: That was for a new staff position. Ms. Harris: That's correct. The Special Events Manager. That's a shared position. Board Member McCray: Oh shared, okay. Thank you. I'm on page 24. And the Life Insurance is gonna be the same thing, $18.50, the same thing you told me prior? Ms. Harris: Yes. 32 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McCray: I want to personally thank you for answering all my questions because uh, I did not know why we was carrying all these minuses dealing with the budget, but you did fantastic. Thank you. Ms. Harris: Thank you, you're welcome, any time. Board Member McCray: I'm, I'm sorry I'm the lame duck up here... Ms. Harris: No problem. Board Member McCray: -- because I didn't do it before, and I need to get things before I start voting. Thank you. Vice Chair Rodriguez: Susan, one more question. Is the debt service outlined in the General Fund the debt service that is paying for that bond too? Ms. Harris: Yes. That's all our debt service. Bond I, bond II, and we have a Bank of America loan, and we also have a loan to the Related Group for the Marina. That total, just to-- Vice Chair Rodriguez: So. Ms. Harris: --maybe anticipate a question. The total debt service for this year and for next year's gonna be $3.1 million. Vice Chair Rodriguez: Okay, I just, I guess my question, follow-up question is, when is the debt service due because we're in, no, we're in July, and you still have probably 80% of the debt service available. Ms. Harris: September. Vice Chair Rodriguez: September, okay. Thank you. Chair Taylor Taylor: Thank you. Any other questions on that item? Board Member McCray: Motion to approve. Chair Taylor: Is there a second? Board member Weiland: Second. Chair Taylor: I have a motion and second. All in favor? 33 Meeting Minutes Community Redevelopment Agency Boynton Beaeh, Florida July 10, 2007 Chair Taylor, Vice Chair Rodriguez, Board Members Weiland, McCray, McKoy: Aye. Chair Taylor: So the motion is unanimous. Next item is C, Approval of Funding up to $20,000 from the Residential Improvement Grant Program to Nancy Schneider for properly located at 527 NW 10th Avenue. Yes. Yes. We'll go with him and then back to you. Board Member Weiland: Um, just on this one particular item, h, I have a problem with the policy. Uh, and I'd like some clarification from the staff as well as uh, direction from the board. Uh, I can understand, let me see where I'm at here. I can understand uh, approving D through G, or through H, uh, but the first one, where we are being asked to approve a $20,000 expenditure, and I understand it's a dollar-for-dollar grant, uh, matching grant, because it's a rental property and it's being used for investment, but that's where I have a problem with the policy. Spending uh, the taxpayers' money, I, I just can't, if somebody's using this property as their investment property for their personal financial gain, uh, I feel that they should, you know, should not be able to receive any assistance from us. Uh, B through, er D through H, different story. They're owner occupied, people are down on their luck, they don't have a lot of money, they need assistance and if we have the means and the transportation to get them to where they need to be to be able to fix up their homes, I certainly think, you know, that's our moral obligation to help them, if that's what we do. But as far as, um, supporting somebody that, as I said, has a, a rental property and they're using it for their personal financial gain, I, I just, I don't agree with that policy, and I'm basically, once discussion's done with this, I'm gonna ask for a motion to table this decision and revisit the policy uh, before it goes forward after that. So, just-- Vice Chair Rodriguez: Uh, you want, um, all the questions first, and then, maybe you could-- Chair Taylor: Yes, let's ask our questions and then you can answer, if that's okay. Vice Chair Rodriguez: Um. Chair Taylor: I have a couple myself. Vice Chair ROdriguez: I guess, a couple of questions in general about the program oversight. Um, now do we get estimates from the homeowner or do we provide estimates on the actual cost, perceived cost. Um, the $400,000 work program, I want to know where it tied to the budget. Um, I looked up this property. I spent a lot of time reading all of this today and, uh, I looked up this property and this property is actually owned by a Limited Liability Corporation called "Ness 527" and it's not owned by Mrs. Uh-- 34 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Schneider. Vice Chair Rodriguez: Ms. Schneider. Ms Schneider is the agent for the corporation. This is a corporation and she has, she has like three other properties in Delray Beach. Uh, so I'm concerned about, you know, now we're, now, did we get financials from a corporation? I mean, how does that work. Um, talks about, um, $20,000 for the list of contractors. I guess I'd like to see a list of the contractors and the rent roll. I guess I'd like to know what the rent roll is. I guess I'd like to have more information with these proposals, um, more details, in the future. Uh, let me see, I've got one more question here. There's a, there's a, in this particular item, there's a CRA staff project recommendations on the last page, last page of this, a, item C. Chair Taylor: Item C? Vice Chair Rodriguez: Yeah, the last page, um. Chair Taylor: The recommendation I see is right on the front page, recommending approval. Vice Chair Rodriguez: No, no, no. There's, the last page is called "Proposed Redevelopment Board Program for the Heart of Boynton Beach Community Fiscal Year 2006/2007." CRA's Staff Recommendations. Chair Taylor: Yeah. Vice Chair Rodriguez: And, um, I guess, as a side item to this item, I'd like to have, it's not tied to this? It's an error? You're shaking your head, so, what, do you want me to ask my question or no? Ms. Bright: Go ahead. Vice Chair Rodriguez: I guess this is in here in support of this item, and I would like to have uh, for a future agenda item, I'd have to, or, information or I'd like to have an update. This is a plan, which is a good plan, and I'd like to see what the de--you know, how we are measuring up to the plan and where we are on each one of these items. Uh, just as a request. And those are my questions. Chair Taylor: My, uh, a couple of things I wanted to ask about. This is only for rental property and uh, I too could probably not have any problems with the ones after that because they're, like I say, owner occupied and, uh, they need help. And I'm, so I guess, when you go to, to uh making sure that they qualify, I, I'm guessing that you must look at the income of the owner who owns that rental property to see whether they're, stop me if I'm wrong, to see if they're income qualifies them to get the--I'm 35 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 seeing that it does. Which, I have some questions that were brought up, that it's not even owned by Hertz. Another agency. But, um, my other question here is, they have to match the money $20,000. We're giving twenty, which means that owner has to have $20,000 to match it. So my question there, couple questions came to my mind there. How do we track that that owner puts their $20,000 in, and, secondly, I guess, a question that popped into my mind immediately, if they have $20,000 sitting there, ready to put into this property, why haven't they been working to upkeep it to start with. Why hasn't their money already been in there making some of these improvements and say[ okay, we put in our twenty. We ran out. We need help, 'cause we still haven't brought it up because, almost to me[ I look at these pictures as almost a Code violation that should have been, as owner[ they should have been pressured by the City to, to improve these things to start with. So I guess that's my question is how, why, why their $20,000, how do we track that, that they're even putting anything into it. Second question which you probably have answered for me, is um, how do we protect the person that's living there, that they don't, once it's all improved, that they don't' get thrown out, or their rent doesn't go up, and how long do we protect them? Once we make this a livable domicile instead of what it is tOday[ how do we help the people that are living there that they don't get an increase in rent or they get thrown out and uh, the one other thing that I have[ I'm sorry to throw all these at you but, maybe uh, one of the things under your CRA staff recommendations, uh, under there, item 6 was uh, Contract with CDC to Administer the Residential Improvement Program. And, uh, is that, I'm assuming, that might be that they do the[ the background work on these projects to make sure these people qualify, and then we give them, I think it's $3,000 for each one they do, but, there's an amount here of $25,OOO[ and I'm wondering[ is that $3,000 come out of that $25,OOO? That's all I'm wondering. I think that's plenty. Yes, I think we're ready. Vivian Brooks: All right. Vivian Brooks, Assistant Director. Um. What, um[ Commissioner Rodriguez[ err[ Board Member Rodriguez was referring to under the proposed redevelopment work program, that is an adopted program that is in the budget out of Bond II. The board, the prior board approved allowing rentals to be in the residential improvement program, but they are the only ones that have to do a dollar-for-dollar match. The, um, just like in our commercial facade grant program that we've been doing for the last five years, the owner has to show their match first. It's a reimbursement. They can't just come in, we don't write them a check and hope they do the work. ' Board Member Weiland: Can I stop you for one second, I apologize. But with the facade, they have to be able to show that they're providing jobs as well. Ms. Brooks: No. Chair Taylor: No, no. 36 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Brooks: No. That's not true. Ms. Taylor: That's not true. Board Member Weiland: There's something of that nature-- Ms. Brooks: No. Board Member Weiland: --for a grant. Ms. Brooks. No. That's Palm Beach County Economic Development Regions Grant requires job creation. Ms. Bright: That's a much larger amount of money. Board Member Weiland: I was a board member of the, the CRA in the past, in back in like 2001. There was a grant program, a facade grant program to where, 'cause Kevin Scully received one for his store and there were a few other places, but they had to show that they were providing jobs, and I think Kurt might be able to help me with this, but, uh-- Ms. Brooks: The program that's currently in place is-- Board Member Weiland: It could be a different program. Ms. Brooks: Yes. Chair Taylor: It is. Ms. Brooks: There is no job. Um, it's simply to make the commercial quarters look better so people want to put their businesses there. Um, the Palm Beach County Development Regions Grant Program, which is a much larger grant of 50,000, which is matched up to 25,000 by the CRA, does require job creation by the County. That is true. That is true. Board Member Weiland: I apologize. Continue. Ms. Brooks: Okay. Um, in this case, um, the board approved allowing rental properties. Ms. Schneider did put an application in. She, her income does meet the guidelines for, her income does not exceed 120% of, um, Palm Beach County median household income. The property is owned by a company that Ms. Schneider is the owner, of which is not uncommon in rental property to own it in a LLC. The rental properties, if they're granted, um, if they're awarded a grant, they have to sign, the 37 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 owner has to sign and execute an agreement that says they will not raise the rent by more than the CPI for the next three years, so they are tied to that. We, we, that was one of the things that the board discussed was they didn't want to go ahead and put money into a property and then the owner turns around and says, oh it's such a great property/ now we're gonna raise the rent, and displace the families that are there. Um, Ms. Schneider did submit to you some tax returns that shows the income from her rental property, and actually, there is very little income from this rental property. She got damaged by the hurricanes, just like everyone else. Her property did. Um, what she's asking to have improved, we will get estimates. We have continuing contracts with two general contractors that the board already's executed. We will, when we have about, when we are, if these get approved, we will put a scope of work to both those GCs, and they are gonna give us prices, and, um, then we'll see what needs to be done. Some of the things that, that they might not, that people might know needs to be done. Sometimes when you pull a window out, there's rotted wood and things like that, and a GC will be able to see a lot of that stuff, so that's how we go about it. We're gonna send them a group with a scope, give us a price, get two bids from both those GCs and uh, will accept the one obviously that gives us the better price, and we'll move forward and get the work done. Ms. Schneider will have to put her money towards the GC to pay for her share. Her share probably will not be 20,000. It probably won't end up being $20,000. If you look at the house/ it's not in that bad a shape. It does need some windows. Um/ it really should have urn, not window units, 'cause they're not very energy efficient. Um, so it, I doubt that our share will actually be $20,000, once we get the estimates. Chair Taylor: Yeah, it's up to--it's up to, but she has to match us dollar-for-dollar. Ms. Brooks: Dollar-for-dollar. Chair Taylor: For every dollar we spend she has to spend. Ms. Brooks: Just like our commercial facade. Chair Taylor: Right. Ms. Brooks: Which you'll see some of those commercials. Board Member Weiland: One other question, Vivian, um, page 1 of 1, where there, it shows the plat of the neighborhood, ah, the first block to the right, ah, has that location, 527 NW 10th Avenue-- Ms. Brooks: Right. 38 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member Weiland: And then the mailing address is 41 East Road. Would that be ah, Mrs. SChneider's address? Ms. Brooks: That's her address, yes. Board Member Weiland: Okay. Ms. Brooks: It's not a homesteaded property. Board Member Weiland: That's uh, Atlantic Avenue and the Intracoastal in Delray Beach. Ms. Brooks: I, I don't now. I didn't look up her personal address. Vice Chair Rodriguez: Do we have financials for the LLC? Ms. Brooks: Her, uh, she files that income on her own personal tax returns. Vice Chair Rodriguez: Yes. If she's an LLC, she has to file an addendum to her personal. I mean, it goes against-- Vice Chair Rodriguez: I have '05 and '06 returns, and she's got that address property, um, and the other two on there, so, she gave me the income on those. Vice Chair Rodriguez: What's the rent? Monthly rent on that? Ms. Brooks: Um, she shows the rent as twelve hundred, it's a family of four. Vice Chair Rodriguez: Twelve hundred a month? Ms. Brooks: Twelve hundred a month. I believe she said it's a Section Eight tenant, I believe. I don't remember off the top of my head, but I believe it's a Section Eight tenant. Chair Taylor: Are we sure? Vice Chair Rodriguez: Do, do we, do we know if there's insurance proceeds? You talked about the hurricane? Ms. Brooks: She did the, she did the roof, the roof was done so that, some may just be that this, the windows are old. If you look at how they put the, the window units in, they basically chopped out the bottom half. Um, she bought it like this. Um, chopped out the bottom half of the window and stuck in plywood and, not a very attractive look. 39 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: You know, um I know that several of you up here are interested in improving the overall beautification of the City. I think it was the thought process of the former CRA Board that it was going to be, kind of look weird, if we were improving residences, ah, that you know were owner occupied and we didn't do something with the other homes in the neighborhoods so I think that was their premise. Certainly the pleasure of this board, if they want us to revisit the policy and stop focusing on these type of, of um, you know, opportunities. Ms. Brooks: I do want to point out that, um, approximately 50% of the buildings in the Heart of Boynton are rentals, so if we're not willing to put some money into those, we may not see as much impact as we might want to see, um on the street. Vice Chair Rodriguez: To, let me um, (inaudible), so we get the two contracting um, GCs to give estimates. We then select the least expensive uh, Gc. Let's, lets assume that the estimate is $12,000. Do we then immediately go to the owner and say, "we need $6,000 from you"? Ms. Brooks: We'll probably have her do, she'll pay the first, she'll pay the first money, and her money will be the first money in. Vice Chair Rodriguez: Does she pay you or does, or does she pay the GC? Ms. Brooks: She'll pay the Gc. Vice Chair Rodriguez: How do we know that's really taking place? Ms. Brooks: How do we know what? Vice Chair Rodriguez: How do we know if she's really paying the GC? Ms. Brooks: We'll have to get, just like on our commercial grants, we ask for a cancelled check, front and back. Vice Chair Rodriguez: So, at the end of the day, when all is said and done, and the property gets redeveloped, do we go back, do we audit these properties? Ms. Brooks: Audit them for compliance? Vice Chair Rodriguez: Yeah, make sure the work got done? Ms. Brooks: Oh yeah. Vice Chair Rodriguez: The GC got paid? 40 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Brooks: Yeah, we, we'll be paying our share, so we'll, they have to show us that the permit is signed off, if it, if the work requires a permit. Yeah. We do the same thing in a commercial facade grants. If there's a roof, we need to show that the permit's finalized and all that stuff. Vice Chair Rodriguez: So, you don't, you don't request the uh estimates until after we approve it? Is that correct? Ms. Brooks: Right. Because we need to know what, I don't want to have the GC go out and do all that work, the scope, and then the board doesn't approve it. It's, so, it'll, it will, we're sayin' up to twenty, it may not be twenty. In some cases, it may be less. Vice Chair Rodriguez: Thank you. Board Member McKoy: I just have a question. How many projects like this have we done to date? Ms. Brooks: Excuse me? Board Member McKoy: How many projects like this to date have we done? Ms. Brooks: I'm, we... Board Member McKoy: Just an estimate. Ms. Brooks: We have approved, this is a relatively new program. I, we have done one other, one in conjunction with the Community Improvement Department and that has not gone through because she had a for-sale sign out front. So that did not go through. Vice Chair Rodriguez: What? I'm sorry. Ms. Brooks: We, we approved it. The former board approved it, but the person who applied, the applicant had a for-sale, put a for-sale sign in front of her house before we actually did the work, so that didn't go far. Board Member Weiland: So, actually just one rental property has been approved for-- Chair Taylor: That wasn't a rental. Ms. Brooks: This is the only rental property so far that has come in. It's the only application we've received so far. 41 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McCray: Vivian, my questions is, that dealing with Section Eight, where does the funds come to pay Section Eight rent? Ms. Brooks: Section Eight rent comes from HUD. Board Member McCray: So that's anotherh Ms. Brooks: And usually, um, they, the person has to pay some portion of it. It depends on... Unknown voice: Small portion. Ms. Brooks: Small portion. Board Member McCray: That's another government agency, okay, so, we're double dipping. I don't have a problem. Chair Taylor: The uh, $25,000 number, is that where the money comes to pay the CDC's? Ms. Brooks: Yes. The CDC is paid Chair Taylor: What is that? Ms. Brooks: -- paid on a percentage basis. They're really only doing, the work they do is the income qualification and the intake. They do that part for us. They don't handle the-- Chair Taylor: I understand that. Ms. Brooks: --getting the-- Chair Taylor: I understand what they do. Ms. Brooks. Yeah. They don't get $3,000. Chair Taylor: Is that comparable with, pardon? Ms. Brooks: They don't get $3,000. Chair Taylor: Well, I had to sign checks last week for $3,000-- 42 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Brooks: That was for the Homebuyers' Assistance, they, um, the appli.... approving people for down-payment assistant. That's a different program, and there's some of these on here tonight. Chair Taylor: Yeah, okay. Board Member Rodriguez: Can, can I request for the future that those details, the work that the CDC does and things like that, are included in these proposals so that we can have less questions when have information already, please? Ms. Brooks: Okay. We have contracts with them currently to administer that portion of the work, uh, for the residential improvement and for the Homebuyers Assistance Program. Chair Taylor: I have one last question. My last question is uh, it says here that this program is limited to the Heart of Boynton. If this is a good program, why wouldn't that not be open to the entire CRA area, because there's got to be people out there that would qualify outside of that areas. Ms. Brooks: Bond II, that was issued in December of '05 was an Affordable Access Bond. All programs and proceeds for that bond were supposed to be effectuating redeveloping of the Heart of Boynton. Chair Taylor: Thank you. That answered my question. Board Member McCray: My question is that the Mayor, rather the Chairman of this board, just stated that he signed checks, uh, he signed checks last week. I'm just saying, when we have uh, a new Mayor, or anybody that's taking over, that was a resolution brought before this Commission authorizing them to sign, ah, was we supposed to get something in writing saying we authorized him to sign checks? I'm just saying although he was appointed, I'm, I want to make sure everything is covered. Ms. Bright: I believe that, in terms of the Interim, we had to, I, I made an assumption that he would be the Chair in the Interim. It's now official. I believe Susan was going to work with um, Vice Chair Rodriguez and get his signature um, okay, so that's taken care of, so now we have appropriate protocol for both of those roles and signatures. Board Member McCray: Okay, let me just ask the City Attorney, prior to doing that, sir, are we in -- was we in legal rights by going ahead and letting them do that? I'm just saying without us as a board acting upon that, I'm just saying not even...uh, you know, not a yes or a no answer, I need, you know, some hard-core...you understand what I'm saying? 43 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Attorney Cherof: I understand what you're saying, and the, I'll give you the short answer, of course, is yes. They are authorized to do that and work with staff to effectuate a smooth transition from uh, the previous board to this board. Board Member McCray: Okay, since you said that was a smoo--I'm just saying, what was the urgency since we was going to have a meeting that it could have been brought back to this board for a vote, you know, to give them that, that authority. I'm just saying although the Mayor is elected by the City, we still have to act as, you know, as a, as a group that says, you know, this is, you know, a resolution. I'm just saying, you know, why wasn't something like that brought to us, you know. I have concerns. Attorney Cherof: I'll let the, ah, Director respond to that, but first, let me preface it by saying, and I think what you witnessed was a seamless transition rather than any sense of urgency. Board Member McCray: I witnessed a what, sir? Attorney Cherof: A seamless transition of the activity from um-- Board Member McCray: Okay, that's what you call it, sir. I beg the difference. I did not witness a seamless transition, okay. For the record. Ms. Bright: I would, I'd like to just add, for the record, that I think that it was an unspec--unexpected departure of the board so, unfortunately, we process checks twice a month so I think that, you know, we just tried to make a seamless transition there and let that happen in the interim. Vice Chair Rodriguez: Isn't that the nat--natural progression from Chair and Vice Chair appointments that they take on those responsibilities, and that's why it took place? Ms. Bright: I think he' only talking, excuse me, I mean, I don't want to speak for Board Member McCray. Vice Chair Rodriguez: I'm, Im-- Ms. Bright: I think he's talking about the transition period 'til you were officially appointed. You weren't officially appointed 'til after those checks that-- Vice Chair Rodriguez: I just got, I just got the signatures in just today. So it will happen after the appointment. 44 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: Well that's, I, okay, I'm just saying, he's, are you referring to the interim when the checks were signed, when they were not officially appointed, that's correct. Board Member McCray: I'm saying thank you. Board Member McKoy: Uh, Ms. Director, Lisa, I would just like to, urn, I'm not, urn, you made a comment that it was an unexpected departure of the board. I'm not so sure if I would agree with that. Ms. Bright: Okay. From a staff level, it was. Board Member McKoy: Okay. Chair Taylor: I would just say once, uh, I would just comment, as far as I had no problems signing checks because once the other board was dissolved, it reverted back to the responsibility that we bel immediately became the eRA Board and as, uh, the Mayor of the City, I was uh, Chair of the, of, at that time, so I took that responsibility on myself to keep those uh, keep that, uh, process going and sign those checks so that nothing would be held up. Board Member McCray: Right. I'm glad you stated that you took that. I'm just saying that's the word that you said, sir, and I'm just sayin' that, if that wasn't an urgency, uh, Chairman, then I'm just saying why could that have been, brought back to us as a body. I'm just sayin' we serve as a board. I'm just, I believe in things being done decent and in order, and I'm just sayin' you just said that you took the responsibility. The records has already stated that, I will leave it as that. Thank you. Chair Taylor: Yes, the bills had to be paid and-- Board Member McCray: I understand, sir. Chair Taylor: --and it had to move so-- Board Member McCray: That's all I need to understand. Board Member Weiland: Mr. Chairman? Chair Taylor: Yes. Board Member Weiland: Are we finished with discussion on item C under Consent Agenda? Chair Taylor: Unless anybody else has any other questions. 45 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Vice Chair Rodriguez: I, I'd like to make a motion to table this item. I'd like to request the financials that, um, are not attached here, for, um NES 527, LLC to be provided in order to move fOlWard and make a decision on this. Board Member McKoy: I'll second. Chair Taylor: I have a motion to table. Board Member McKoy: Oh, we don't need a second. Board Member Weiland: I'll second it, but I'd like to ask-- Chair Taylor: You don't need a second. It's on the table. Chair Taylor: All in favor? Chair Taylor, Vice Chair Rodriguez, Board Members Weiland, McKoy: Aye Chair Taylor: Anybody opposed? Board Member McCray: Nay. Chair Taylor: Show the motion passes 4 to 1. Chair Taylor: This takes us to item D, I believe, uh, Vice Chairperson Rodriguez, you pulled all the items. Vice Chair Rodriguez: Yes. Chair Taylor: So, let's start with you, and then go down if anybody else-- Vice Chair Rodriguez: Okay. Um, this, this one is not a matching grant. This is a, this is a, a grant that does not need any matching from uh, the-- Chair Taylor: Right. Vice Chair Rodriguez: --the, uh, owner. Again, I, I'd like to see the, the detailed qualification that, in all of these moving fOlWard, that we talk about, income qualified, if income qualified applicant has taken place, I'd like to see that, and then it says approved, um, so this, there's only been one grant approved at $14,318? Ms. Brooks: Yes. 46 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Vice Chair Rodriguez: Okay. So how old is this program? Ms. Brooks: It really got started, um, it really didn't start until-- Ms. Bright: January. Ms. Brooks: January, yeah. Vice Chair Rodriguez: But we haven't had, we've approved how many, is that one or two. Ms. Brooks: Uh, well, tonight, if you, we have a whole bunch in the pipeline. Vice Chair Rodriguez: No, no. I'm asking this $14,318 is how many properties? Ms. Brooks: That's one. Vice Chair Rodriguez: That's one. So we-- Ms. Brooks: --which-- Vice Chair Rodriguez: So we've done one, one residential improvement grant program, since January. Ms. Brooks: Since January. Vice Chair Rodriguez: Uh, this property has a blue tarp? Did we, did we request or ask for insurance proceeds? Ms. Brooks: The person did not have any insurance. Vice Chair Rodriguez: Did not. Okay. Do we ask, is that something typically we ask in the application? Ms. Brooks: Yes. Vice Chair Rodriguez: Okay. Ms. Brooks: They have to show us, um bank statements showing their income, showing if they work, they have to give us pay stubs. Um, in some cases where people don't even have to file. Many of the people don't even have to file tax returns. They give us a statement from Social Security. Things-- 47 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Vice Chair Rodriguez: My question is do we specifically ask for insurance proceeds. Ms. Brooks: Yes, yes, we do. Vice Chair Rodriguez: Okay. Thank you. Chair Taylor: I did some, uh, background check in how these things are researched, and I'm, uh, I found out, I'm very satisfied that it's in-depth uh, before. It's so in-depth that some people probably don't even apply for it because it's uh, it gets very personal. But it's the background checks are very in-depth. They go to the bankers, they go to the people, they go to the people, they go to the families, they go to everything and, uh, it's really a open, uh, book and uh, I feel like the background checks are very intensive and uh, I'm comfortable with what comes back. So, that's where I'm on these. I think they're, they're really done correctly and, uh, so, I'm, I'm okay. By the time staff has gone through that and got those reports and went through themselves and looked at it, I think it's been really checked and double-checked, so, I don't have a problem with, uh, with the information that's provided to us in the recommendation. That makes sense. Vice Chair Rodriguez: And I appreciate your comments uh, Chair, but we're the only, you're the only one that's seen those and um, none of the other members have seen those so, we'd just like to see them in the future. Chair Taylor: I understand. Ms. Brooks: For point of clarification, may I ask, um, Board Member Rodriquez, do you want me to put their personal financial information in this board packet? Vice Chair Rodriguez: 1,1 don't, I guess I need to -- Ms. Brooks: They have their account numbers and social security numbers and everything? Unknown: No. Vice Chair Rodriguez: You've got some in here now that they're crossed out. I guess what I'd like to do is stop by the office, if I'm allowed, and look through and see what information is I think would be needed. Ms. Brooks: We, we, we have all that. Vice Mayor Rodriguez: Okay great. Thank you. 48 617 to uo uO!lSanb JalnOUe aAe4 noA 00 'uo!ssnJS10 'puoJas e pue UOllOW e aA,I :JOIAe.L Jlell:> 'pUOJas :Ao)l:JW Jaqwaw p.aeog LPUOJa5 e aJa4l 51 :JOIAe.1 J!ell:> 'aAoJdde Ol UO!lOW :AeJ:>:JW Jaqwaw pJeog '3 wall 'snow!ueun UO!lOW a4l M04S :JOIAe.L J!ell:> 'aAv :puenaM IAo)PW IAeJ:>:JW ISJaqwaw pJeog Izan6!JpOll JoAew a:J!^ I.lOIAe.1 J!ell:> 'JOAeJ U! 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Ms. Brooks: It's in the uh rules and guidelines for the program. Vice Chair Rodriguez: Okay. And you've got I you've got - - Ms. Bright: Possibly when you come by the office we'll have those contractual relationships that we have with the CDC available for you between urn, the homebuyer's assistance and the residential improvement and administration and you'll see that their core responsibilities cover a variety of your concerns. I would think. Ms. Brooks: Just for a point of clarificationl the CDC does the income qualification for us and then staff reviews those files when they come in and Mike Simon, on staff, Development Managerl uh ran the SHIP program in Del ray. So he's quite familiar with how you, uml income qualify people, Chair Taylor: Any questions on this one? If not I've a motion and second on Item G, All in favor. Chair Taylor, Vice Mayor Rodriguez, Board Members, McCray, McKoy, Weiland: Aye. Chair Taylor: Opposed. Show the motion as unanimous. Item H. Board Member McCray: Motion to approve. Board Member McKoy: Second, Chair Taylor: I've a motion and second. Discussion, Vice Chair Rodriguez: Yes. This is, the, the question's a little different on this one. Urn, I I guess I was, the first thing I asked myself was, are we building is this an apples to apples? I mean are we building the same thing that was burnt down? Uh because there was no estimates included on this, It talks about a hundred and she got $124,000 in proceeds from the insurance company and she wants to build a $190,000 homel so I want to make sure that, that's a apples to apples meaning. You know what I mean, Ms. Brooks: We're partnering with the urn, community improvement on this. They're uml Octavia presented to us that the estimates came in at $190. Urn its, I, I guess its an unfortunate circumstance that maybe some of you got caught in that, that what you get from your insurance company really doesn't pay for a new car, urn, or a new house, SOl she is an 84-year old lady. She's not a first time homebuyer. Sl Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Vice Chair Rodriguez: II II I'm sorryl I read all of that, My question iSI is this an apples to apples, Ms. Brooks: I have to ask Ms. Sherrod, Vice Chair Rodriguez: Thank you, Chair Taylor: Yes it is, I - - Vice Chair Rodriguez: So, what would shel she, she had an 1,170; 101077 square foot home that's exactly what's being built? Chair Taylor: I think when you rebuild something like this you have to bring it up to Code, Octavia Sherrod: I can't attest to the precise measurements. That it's a - - Vice Chair Rodriguez: Yeahl II I mean I understand that, but I guess I'm concerned that somebody's upgrading onion taxpayer bill andl and SOl I'd like to see those details, Chair Taylor: I think what happens is, you knowl if your house bums downl like they saidl your insurance company only going to give you a percentage of that so its not enough to replace the house you had, Butl so you have to get more, In this easel in thisl if thisl once we rebuild thisl this has to come up to City Codes so there could be extra costs there too, Vice Chair Rodriguez: Weill and it does say in the detail that this is a replacement value. On second page, Ms. Brooks: This is a much older home. She's lived there manYI many years. She's lived there for - - Board Member McCray: Over 30 okay. Ms. Brooks: 30 years, Board Member McCray: Okay, This is behind my mom's house, I could tell you over 30 years that she's already paid for. Ms. Brooks: OkaYI to bring it up to today's Code is more then. Okay, Vice Chair Rodriquez: I'm just sayingl the, thel the insurance proceeds call for replacement value, I'dl I'd like this before I can vote on this, I'd like to see details of 52 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 the new proposed home. And I'd like to make a motion to table until we get that information. Board Member McCray: Mr'l Mr. Mayor, I think we have a motion on the floor for, for, for that has been already seconded. I'm not in favor of tabling this. This lady is out of her house; they've already torn it down. She is staying with relatives, This is an elderly lady. She wants to get back in her homel but I'm just saying you know, we we need to do the right thing tonight. I'm sorry. Chair Taylor: There uh, there is a motion, a substitute motion to table. All in favor of tabling say aye. All opposed. Chair Taylor: Nay, Vice Chair Rodriguez: Aye. Board Member McCray: Nay. Board Member McKoy: Nay. Board Member Weiland: Aye Chair Taylor: So the motion fails, We go back to the original motionl motion to approve Item H, Board Member McKoy: Motion to approve. Chair Taylor: I've a motion and a second on that. Board Member McCray: Second. Chair Taylor: All in favor? Chair Taylor: Aye Board Member Commissioner McCray: Aye Board Member Commissioner McKoy: Aye Board Member Commissioner Weiland: Aye Chair Taylor: All opposed? Mr. Rodriguez, you in favor? 53 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Vice Chair Rodriguez: I'm okay. Ms. Bright: I need to clarify, Chair Taylor: Okay. Show the motion as unanimous. Vice Chair Rodriguez: Againl I'd like, for the future I'd like to see the details in here, Chair Taylor: Okay, Ms. Sherrod: Just to putl for a little clarification uml Mr, Rodriguezl urn, in the SHIP programl our strategy allows for the replacements such as this, lost in a travesty such as this we have on board, urn a licensed uml uilding official inspector as well as our, uhl construction manager. We would never allow our tax dollars to go for quote upgrading, It was to it was it was a replacement to replace the building, uh pretty much as it was. Same size and style home but to today's standards uml and that's what our strategy that was approved by the City Commission allow for, So that home had been uh previouslYI had been approved uh administratively by uh, the City Manager which was allowed for so, she was bringing in uh the majority of the fundingl all of the monies that the insurance company allowed fori so we allowed her to replace it. But it's just standardl a standard house. Uml built under the same guidelines as the First Time Homebuyers Program, Urn, so in the future, I guess we'll give the square footage. Chair Taylor: Thank you. Vice Chair Rodriguez: I mean I understand that and 1 appreciate that. And 1 know this woman needs to get in her home, Uhl I'm just asking for more details in the future that's all. Thank you. Chair Taylor: Thank you, Take us to Item 1. That was pulled too, Five Towns College update, It was info only, Board Member McKoy: Yeah, I mean, this is the reason, I meanl just, I'm pulling it is because of the newness of the workload, Chair Taylor: Yeah, Board Member McKoy: SOl there's a presentation on it tonight. Ms. Bright: No. I'm here in case you have a question on it 'cause you pulled it. Board Member McKoy: Okay, II I, II only pulled itl I thought there was going to be additional information, 54 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: Nope. Board Member McKoy: Okay, Chair Taylor: It's information only, so we don't even need a motion. Vice Chair Rodriguez: Is, is, is this the only place we're going to talk about the high school. Ms. Bright: It's up to the pleasure of the board, Vice Chair Rodriguez: So we can talk about the high school nowl then, Ms. Bright: 1 guess, Chair Taylor: Yeah if you want to. Vice Chair Rodriguez: Okay, lets do that then. Mayor Taylor: Go ahead. Vice Chair Rodriguez: Uml yeahl we received your email, urn concerning some of the issues with the financial backing for historic society who was the charter school that was number two in the RFP process. Ms. Bright: Not the Historic Society. The Boynton Beach Charter School. Vice Chair Rodriguez: The binder that we received had Boynton Beach Historic, Ms. Bright: Harrid Conservatory, Harrid Conservatory, Brenner Real Estate was the financial partner, Boynton Charter School and I don't remember who else, and its a the proposal. Vice Chair Rodriguez: The proposal I got never said Boynton Charter School on the top, on the cover page. Ms. Bright: 1 can't speak to it. They were delivered to the City Manager's Office over a week ago. Those are the uh, 1 don't know, we never got confirmation back from the City Manager's Office that those packets were picked up by you guys. But regardlessl your, your concern has always been the Boynton Charter School, correct? Vice Chair Rodriguez: Yes. 55 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: Okay, Vice Chair Rodriguez: Well you knowl they been, they've beenl they've reached out to me several times and I've communicated that to you, to you and everyone here about because they were number two in the RFP process and you'd made a note that you had reached out at that time after to see if they were interested and there were some financial financial backing issues. Is that correct? Ms. Bright: Yes I spoke to their financial partner in January, Vice Chair Rodriguez: Okay. Do we know that's still the case today? Because it, it seems to me, that uhl in their conversations with me that they've got the financial backing, Ms. Bright: They met with Vivian and I on May 18th. Uml Ms. Owens did not indicate any financial partner whatsoever, That's pretty much why I suggest in your emaill if you have a working relationship with her and she's willing to share that. Um the key for me on that particular project, um was the fact that their charter school was not going to just take over the high school. It was a very large footprint that took over City Hall and other locations, So in terms of just renovating with theml if they have a new uh financial partnerl that might be something new that I'm not aware of. Vice Chair Rodriguez: I'm, II I'ml urn I'ml not going to reach out. I'm gonnal I'm gonna put it back on the eRA and let you uh chase that down if you may, Ms. Bright: II I really think that we have met with them and the onus is on not just them, several other entities if they want to prepare a proposal for your consideration. I have made that very clear to Ms. Owens that it would be for herl she's a for-profit business, a Charter School is not a urn, publiC educationl so she would be needing to get her own capital funding. Vice Chair Rodriguez: So you made that clear to her that she needs to put a proposal before the CRA? Ms. Bright: I, I know that both of us made it very clear to her that if she wanted to do thatl that day she was not interested in some of the other locations we suggested which were Delray Boynton Academy, She said that that was already too small. I have that email fromher.Um.tohercurrentlocation.Um/she also indicated in the median, her current locationl that some of the pressure had been taken off the uhl Caldwell Theater was not moving as forwardl uh as fastl and the renovation there on Federal Highway in Bocal Levitz, And while it was a strain for the parentsl she was not really willing to like move to the temporary location, I think the other strategy was the fact that the Old High Schooll we need to find a place for the Code Enforcement folks, so I 56 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 don't know how that would be included in the deal. So, we have to look at their proposal because they don't have any parking. Vice Chair Rodriguez: Yes, the uh, the uhl Code Enforcement is being, another, other recommendation to the Madsen Center has nothing to do with the high school. Uml inl in emails discussions I, I threw out a suggestion, only a suggestion, that there had been many people recently that have stepped up and said you know, we, we want to help, and we've seen that before and I know that. So my suggestion was let's get, let's get some information out to the folks that were looking for a letter of intent in order to, in order a letter of intent with the intention being that they're gonna submit a formal proposal and then we'll minimize or see if there's anybody. We'll see if anyone steps up to the plate and says, yeah, we're gonna submit a proposal. Ms. Bright: But why would we send a letter of intent. I mean we could make a phone call to them. I mean, they would submit a letter of intent. Vice Chair Rodriguez: Yes. That's I submit a letter of intent to us with their intent to submit a formal proposal so that we're not anticipating a proposal that may never come. So just get a letter of intent, and then that way, we know, if we have four letters of intent or two or one or whatever the case may be. Now we anticipate that we're gonna get those four proposals. Ms. Bright: Okay. Vice Chair Rodriguez: I'm, Just a, just a recommendation and idea, It's up to the board to, uh - - Board Member McCray: Right. Board Member Weiland: I would like to uh, shed some light on this issue. Uh, I had spoke with uh, Tom McGillicuddy who is the acting real estate agent for the Owens and he mentioned to me that she put, and his words were she probably has a couple of million dollars in financing. Uh speaking, I had spoken to Ms. Owens after that and she told me that she would be going after, in her words the same dollars, that Intown, Five uh Five - - Chair Taylor: Five Towns. Board Member Weiland: Five Towns uh, were seeking as well, I did not ask her what dollars she was talking aboutl but I was led to believe that there is some type of grant money or something out there that Five Towns were seeking. Now that they're not in the picture, uh to supplement the money she had from her private financing, she would be seeking the same type of money that they were seeking so. Where that all 57 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 stands I really don't know, but those are the two conversations I've had about financing with the the Owens and their real estate agent. Board Member McCray: Comments, Chair Taylor: Yes, Board Member McCray: I'd like tOI you know, direct this herel you know back to Mrs, Brooks, And I'm just saying you said something you really need to take a hard- core look atl and that is charter schools, They are a business. They always came to this Commissionl I'm just gonna be rather - to the City Commission, that was us, I'm just saying instead of saying they got put out of Boynton Mall because of what happened on Christmas Evel you know thatl that wasn't it. They was put out before this thing happened, I'm just saying they came to us and also stated to this Commission that they wanted to be in Boynton, They said it is our responsibility, You could pull the recordsl that we find them a place, that we find them a place. That is not the responsibility of the elected officials, that we find somebody a place. If they want to come in and we have suggestions thatls finel but they seem like they want to put this back on our lap saying that you knowl you all going be our saving grace that we get back into Boynton, Charter Schools and businesses, I feel sorry for them, They don't want the place on MLK Blvd, then they need to just keep looking. I'm just saying I'm not gonna keep bargaining this down and the eRA every timel you know find out what can they dOl they uh hurting now. They trying to get back inl they said before the school year begins, that's over a little over a month away, and I'm just saying you know, I'm being realistic, Chair Taylor: Weill I just 1 believe that the previous eRA Board asked the City Commission to wait until after thel uhl downtown master plan visioningl because we're talking about doing things Iikel the eRA board sent us a letter from the previous chair asking that we wait until after this visioning because that's going to involve that, that location also. And I thought at the last Commission meeting we agreed to do that, Am I wrong? Vice Chair Rodriguez: Tabled it. Chair Taylor: We tabled it? Yeah. Okay weill you know, its al it's a big issuel the high schooll and I'd be willing to wait until after this uh this visioning, because I know that location is going to be part of that uh' charrettel and that visioning and I'd like to hear what comes about. Board Member Weiland: Likewise. Board Member McCray: Likewise, 58 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McKoy: I don't have any problem waiting. Chair Taylor: Okay. Vice Chair Rodriguez: We've been waiting for almost two years and if we can do any leg work now with reaching out to these folks that have stepped up and said they want tOI with a simple letter, asking for a letter, simple letter of intent. We're just that much farther down the road and wait until, not act on it, but have the letters of intent, you know, Wait until the visioning session and then at least we, we've got something in our hands to plan out the future Chair Taylor: I don't have a problem with that if you want to make a phone call, ask for a letter of intent, that's fine with me, Uh, my, my position is show me the money. You knowl its eight million dollars. Board Member McCray: And my whole take is saying that you know, we have been waiting for two yearsl I beg to differ. We have been waiting since I've been sitting up here about what we gonna do with the high school. I'm just saying my urgency is, as a Commissionl lets just wait to see what is gonna come in. You all can do whatever you all want to, I'm gonna keep my plans and everything on until I see what's going to happen for uh, the visioning process for downtown. I'm just saying, you know, we say one thing on one side of the coin. Then we flip and we say something else like we do, we've got too many hats on our head. I want to wait till it comes back. We said, table at the Commissionl I want to wait until it be removed from the table to discuss it any further, Vice Chair Rodriguez: Sure. Can I make a comment? Chair Taylor: Yes. Vice Chair Rodriguez: I'd like to make a motion that we initially request a letter of intent from those that have, urn shown an interest in the high school redevelopment and that we hold those letters of intent until after the visioning project and then we will be obviously, be brought forward to the board for further discussion at that point. Ms. Bright: Could I ask counsel a question? Urn, when we originally did that RFP we were going out in terms of expectation of disposing of the property, So would that RFP still hold for a letter of intent. Urn. Attorney Cherof: In my opinion it would not. 59 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: So that's where I am conflicted meaning the RFP was finished. There was no motion to go to number two when they did the motion to select Five Towns for a development agreement. So I guessl that's what I'ml I'm looking - - Vice Chair Rodriguez: I'm notl I'm not asking to go to number two. I'm asking there were a bunch of there was a bunch of organizations that stepped up during a eRA meeting that said they want to be part of the redevelopment of the Old High School. Ms. Bright: That's being urn, actually it's Debby. Vice Chair Rodriguez: Those are all clearly laid out for in the minutes, and all I'm saying is there's a motion on the table. There's a motion on the table that says let's go out and request letters of intent from those groupsl to see if they are serious and hold those letters of intent until after the visioning and then come back to the board for further action. That's my motion. Chair Taylor: Okay I have a motion. Is there a second to that? Is there a second to that? I'll pass the gavel. I'll second that motion just fori uh, to get a vote on the table on that. Vice Chair Rodriguez: We have a first and a second. All in favor. Aye, Chair Taylor: Aye, Board Member Weiland: Aye, Vice Chair Rodriguez: All opposed. Board Member McKoy: Nay. Board Member McCray: Nay, Vice Chair Rodriguez: Could we get a roll call and, Vice Chair Rodriguez: Was that three two? Chair Taylor: It was three two. Board Member McCray: If something is to be tabled we have to second. Ms. Bright: I need clarification before we step away, It's my understanding there was an individual named Paula Melley, Did Sister Lorraine leav€1 she was herel she's an interested party and then the group led by Harvey Oyer, uh through the Public Arts 60 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Administrator, so those are the only three entities that I am aware of. Are you aware, and, of coursel the Boynton Charter School. Vice Chair Rodriguez: I would, I would ask that you go back to the minutes that reflect the folks that stood up and requested you know, that said they want, had interest, And those are the ones that we should solicit. Ms. Bright: No that was one large grouPI that's what I'm saying sir. Vice Chair Rodriguez: Right. Whoever they were Miss Bright, those are the ones we should solicit. Ms. Bright: Okay. Chair Taylor: Thank you, Okay this takes us to public hearings. I'll turn this over to the City Attorney to swear people in. Attorney Cherof: Anybody who intends to testifyl actually Mayor, there is no quasi- judicial on this list. It's just a public hearing so no, uh, sworn testimony is required. Chair Taylor: Okay. Okay then that's, uhl City initiated abandonment of alley between NE 7th Avenue and NE 8th Avenue. City initiated. Mr. Livergood: Yes good evening, For the record, Jeff Livergood, Director of Public Works. I will present staff's uh, you will provide staff's presentation although I doubt that I can do quite as good a job as perhaps Mr. Rumpf would do from a Planning Department perspective, so you get the Engineering Department version. Uhl this is a request that's been initiated by the Public Works and Engineering staff. To give you a little bit of background, several months ago, uml approximately six months ago, the City received a number or several requests for construction of fences in people rear yards along this alley. Uh, of course we cannot issue permits to build a fence in a publiC right-of-way because this alley that is between 7th and 8th Avenue east of Federal Highway, urn because its a public alley, its public right-of-way and therefore we're unable to issue fence permits. In reviewing the alley, staff found that the alley is very much inaccessible. We're unable to get into it as a, as a public right-of-way. To the east end at 7th Street are mangroves, uh City owned property. To the west end is another dedicated alley that runs north/south and parallels Federal Highway that's also fairly difficult if you wanted to put a truck down them, It's staff's recommendation that this alley be abandoned. Allow this alley to return to the property owners, uh, to allow them to use it so that they can place fences on this property and also because it will eliminate any responsibility or liability that the City may have in maintenance of this publiC alley, This alley was platted in 19251 uh, nearly 82 years ago. This was in an era when subdivisions were designed with the belief that there may need to be rear yard 61 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 access, Whether there would be homes that would provide garages in their rear yardsl um or for whatever reason in more of an urban setting you tend to see alleys. In today's society there is no longer a need for a public need for an alleYI particularly for vehicular access, There are a number of utilities that remain in this alley. That there remains a publiC need to provide utilities I those utilities can remain in an easement. To that endl staff queried all of the utility companies to determine if easements are still required and that is the easel easements would still required. Uh, thereforel it's staffs recommendation, uml that the eRA approve the abandonment of this alley and forward a positive recommendation to the City Commission, uhl for similar action, Chair Taylor: Thank you, Mr. Livergood: If you have any questions I'd be glad to answer them, Board Member McCray: II I have some, Explain to me, Florida Power and Light objection according to Engineering the dedication of an easement would remove their objection. Explain that to me a little further, Mr. Livergood: Uml Floridal pardon mel Commissioner where are you looking? Board Member McCray: I'm reading by Florida Power and Light on page two, Mr. Livergood: Okay, Board Member McCray: This came from Planning and Zoning Division. Public utility companies Florida Power and Light objection according to Engineering, Mr. Livergood: Yes, Board Member McCray: The dedication, Mr. livergood: Our staffl in contact with Florida Power and Light, um, they have advised us they have no objection to the abandonment of the alley, assuming that we maintain a utility easement that provides them the same access to their infrastructure, Board Member McCray: Are we providing that sir? Mr. Livergood: Yes sir we are, Board Member McCray: Thank you. Chair Taylor: Is there anybody in the publiC that wishes to address this issue? Anybody in the public? Yes sir, 62 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Richard Frazier: Uh, my name is Richard Frazier, I live at 705 NE 7th Avenue. Urn, I would just like to state that pretty much I believe that 7th and 8th was given the opportunity to come up here and speak today as far as for these easements. Now to my knowledge, there's one individual if you're looking to actually take over easement within our community, I've been there for well over nine years. Now I've occupied that easement ever since I've moved in. Got consent from the City, put my fence up the back of his fence so to speak and from this particular point this is where this comes out. Now it's not to my understanding to why we're going to take the people in my communityl on both sides of our street which have fences all the way up through, so don't think there's nothing there. There is things there. There are fences all the way up through there, I can't say that I can afford to go in there and start moving my backyard, per saYI nor can my neighbor that doesn't even live there. He's got a rental property now, He rents his home. He doesn't even live here in the State, He lives in Georgia. The point of it is, I don't see anybody else here within my neighborhood, other than the fact of the gentleman I which was just tried to get a permit through the Cityl stating that there's no property behind his property. The City gave him approval for it, and that's why we're here today. Now I don't feel it's of a necessity at this particular point. That's all I have to say, Chair Taylor: Okay. Sir. Mr. Bardales: Evening. My name is, uh, Deris Bardales. I live on 712 NE 8th Avenue and uh, where 1 do live, uh, on the other side ofl uh, actually on Lake Boynton Addition and I do agree with, uh, you know with the City on the abandonment of the alley and I believe thatl uh, it's necessary, uh, an easement for the FPL power lines, uh, would be adequate and, uhl I just want, uh, to make a stand here because our neighbor just mentioned that nobody else here, is here present at this meeting. Thank you. Chair Taylor: Thank you. Did you want to comment, lady who raised her hand, did you want to talk? Board Member McCray: They said they're here. Chair Taylor: Oh. Okay it's my understanding the alley is the City's property correct? Mr. Livergood: That's correct. Chair Taylor: So if we abandon the alley in uh what happens is, then half of it goes to one property owner and the other half goes to the other property owner. Now if you have uh, for some reason it was there all the timel if you extended your fence and just took on the whole piece, you have enjoyed that for some timel but if we abandon that it's divided evenly between the two properties, 63 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Mr. Livergood: Approximately in this case 7,5 feet to one side 6.3 to the other, but it's approximately down the middle. Chair Taylor: OkaYI okay, I'll return to Commission for questions or a motion, Board Member McCray: Motion to approve, Chair Taylor: Is there a second, Board Member McKoy: Second, Chair Taylor: We've a motion and a second, Any other discussion? All in favor? Chair Taylor, Vice Mayor Rodriguez, Board Members, McCray, McKoy, Weiland: Aye, Chair Taylor: All opposed. Show the motion as unanimous. Takes us to, uhl takes us to Item A under Old Business Status of MLK Corridorl RFP Negotiations with Intown Partners, Is there remember this was uh, uml the last Commission meeting, the Commissionersl uh decided that this was at deadlock and returned it to the eRA, that the the motions were deadlockedl negotiations returned to eRA for further action. Yes, good evening. Ms. Simons: Urn, chairman and board members uml my name is Samantha Simons, I'm principal of Intown Partners, As you know we've been trying to negotiate a developer agreement to engage in a public/private partnership, uhl with the eRA and the City of Boynton Beach, Our co-development partner, McCormack Baron, urn, which unfortunately Richard Baron could not be here tonight, he's had a family medical emergency. His sister's just been diagnosed with cancer, SOl uhl wel we send our best to Richard andl and he could not be here. Urn, but we just want to restate the position of where we're at{ and, uhl as you knowl we'vel we've given a presentation to McCormack Baron, who's our co-development partner. They've developed over $1.6 billion of real estate in 26 cities in the nation and have recently been chosen to be the lead developer to redevelop New Orleans, McCormack Baron has raised over $581 million in investor equity. They've raised 410 million in first mortgage debt, 310 million in grantsl 221 million in state and local government support and over $67 million inl in foundations and corporate community grants. They are one of the few developers nationwide that were awarded last year 460 million in New Market Tax Credits, In 20041 which 1 believe we gave you a presentation of thisl Richard Baron was one of the most commended, award winning developers nationwide for the ULI, which is the Urban Land Institute and won the JC Nickels prize, Mr, Baron also sits on the board of trustees andl uml who's written a book about him as one of five people who changed urban landscape across the nation, That's why we chose McCormack Baron as our 64 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 partner. Their strength and their expertise. Initially when we went into our development agreementl we waited 40 days for the draft of the agreement from the eRA board. Nor dare we ask for a letter of congratulations from the eRA board after we were selected in August. We never received a letter from the eRA board until January 11, 2007. In the interim we were expected by the eRA board to get all our institutional financing in place. Due to the ongoing hostile environment of the former eRA board, and continuous interference that has in, included such actions as competing for the purchase of properties in our same site area and paying up to $2.3 million which is about $53 a square foot for tear down property in the Heart of Boynton I slandering our company and our partners respective, urn, respective in, in the newspaper company has had an impeccable reputation and an award winning track record in the development of workforce housing industry. Richard Baron, again has worked in 26 cities, 26 cities across the nation and the eRA were even, were even questioning his expertise, his background and his financial prowess to do our project, when he has funded 106 projects throughout the United States. One point six billion dollars he has got the funding for, Due to the eRA's hostile interaction with Intown, which wasn't conducive for negotiating a development agreement, it was decided in December of 20061 that the City Commission would take over negotiations and named Kurt Bressner the lead negotiator on behalf of the City of Boynton, On January 8th, the City Manager held an introduction meeting with In, with the Intown Group to discuss a basic outline of the agreement. On February 16th, Intown had its second meeting with respect to the developer agreement. The City Manager bought a one-page document to this meeting where he stated were the salient points of the agreement. The first salient point was 20 density units to the acre. This was even after the Treasure Coast Regional Planning Council had completed a feasibility study stating that the Heart of Boynton land had been purchased way too high by the eRA and the density needed to be between 30 to 40 du to make this project feasible for any developer. Intown had presented 35 du at their RFP presentation, Additionally Mr. Bressner stated that there was to be no building taller than three stories, howeverl the RFP had presented three stories at the edges, five stories in the center and approximately nine stories at the eastern edge. Land purchase of the 26,3 acres would have been, would have to be completed by no later than July 2nd or the development fails and the City or eRA would take over. It should be stated that the eRA had taken three years to purchase approximately 4.6 acres in our site area, With respect to the funding, Mr. Bressner stated quote, unquote, the developer is responsible for calculating the amount and methods and timing of such payments and for the remainder of the meeting for the most partl all we, all we discussed was how we would keep this project to 20 du which has been studied by the Treasure Coast Regional Planning Council as not being feasible or financially possible due the land prices and subsidies that would be needed for workforce housing. The meeting ended and since this time, Mr. Bressner addressed that we needed to bring forward a budget the the City to review; however, in the interim, no information was sent to Intown with respect to the possibilities or options from the CRA on tax increment financingl from the City with respect to what they could budgetl and 65 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 how the infrastructure would be implemented in our project site areal payment of subsidies for the workforce housing units and what risk the City was willing to financially partake in as a public private partner for the development project, On May 8th, a budget and financial analysis by Dr. Hank Fishkind was forwarded to Kurt Bressner by Intown Partners, In the interim there were no questions relating to this budget by the City or eRA until June 4th of 2007, On June 4thl the City Manager wrote questions to Intown and stated that he was on vacation returning on June 19th, His questions included statements which had already been discussed at the prior meeting on February 16th, Questions includedl what is the back up for lease rates? It had already been explained by Mr, Baron on the February 16th meeting that he would be using his New Market Tax Credits for reduction of leasing rates to assist minority businesses in the development site. How is the llF funding going to be paid? We had asked on numerous occasion for the eRA staff to give options to Intown on llF and they told us that they were preparing options from their llF consultant Greg Oravack but we never received any information from eRA staff regarding this so we left this option open ended as something that we would work out and discuss ongoing, Dr. Fishkind is renowned in the industry for putting llF budgets together for redevelopment projects throughout Florida and he stated to us that there were many options for this to be discussed, The property tax reform was discussed which no one knew the answers to at the time as the roll back had not been signed by Governor Crist and it was speculation as to what would be, what would be the roll back at the time. Infrastructure payment was asked, which had to do with the City and bonding at a later date, which we had discussed also in our prior meeting, On June 20th Intown sent Mr, Bressner an email stating that due to the recent legislative special session that was yet to be signed, that Intown was discussing with its consultants and financial grouPI we were conducting some new quantitative analysis in our program and proposed changes and it was too early to fully engage in the final tax roll back as it had not taken place. We also reminded Mr, Bressner this was a six-year budget. Intown also stated that they were looking from feedback from City and eRA staff on the impact of their future budgets on the tax roll back, In the interiml the Cityl the eRA has hired the Treasure Coast Regional Planning Council to do yet another feasibility study for the Sea crest Heart of Boynton area, They hired the same vendor that Intown had hired one year previously, Vivian Brooks asked Intown to meet with the Treasure Coast Regional Planning Council and ERA their vendor to discuss their proposed program, Richard Baron and Kevin McCormack attended this meeting, Every option that Intown came up with as far as a proposed program was told to Intown that it can't be done and was reminded that that was because you are in the Martin Luther King Boulevard area, Office space was discussed and it was mentioned that both office and retail would depend on the market conditions and that it would be at the developer's risk and we would conduct analysis on performance. After leaving this meetingl to Intown's amazementl the Treasure Coast Regional Planning Council contacted one of Intown's vendor, vendors and started slandering Intown to them. Since this timel Intown has had to end its relationship with this particular vendor due to interference from Kim 66 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Delaney from the Treasure Coast Regional Planning Council. In the month of June, with very short notice, Vivian Brooks called to ask Intown to attend yet another meeting with the Treasure Coast Regional Planning Council. Richard to be frank, was not pleased with the way the last meeting was conducted and upon checking his schedule, was booked for the next two weeks. He wrote a letter to the eRA stating his apologies. In the June eRA meeting, Board Member McKoy: Excuse me, Could you stop for a minute to give the clerk a chance to, so she can record all of this, Ms. Simons: Sorry. Board Member McKoy: You ready? Chair Taylor: All set. Board Member McKoy: Okay. Ms. Simons: In the June eRA meeting, sorry, in the June eRA meeting the Treasure Coast outlined their feasibility presentation and it stated that their density of recommendation for our site area was 36 density units to the acre. The presentation was really a (inaudible) part of Intown's proposed plan and not really an engaged positive approach on how to conduct a program that we all could work together on. Barbara Rudd of Intown, wrote to Lisa Bright in early June to ask for the backup data from this meeting from the Treasure Coast Regional Planning Council, but never received it until July 5th of 2007, In June 13th, Kim Delaney was quoted in the Palm Beach Post as stating that Intown doesn't have any equity in the deal. This was after reviewing the budget and receiving the budget. The same deal lntown had represented that they were spending in excess of $350M dollars in development costs in their budgetl of which we're financing, This was while lntown was negotiating their overall financing. This is just a snapshot okay. We've, we've been here for four years, okay. It's just a snapshot of what's going on in the background for four years, Four years for the last nine months that we've had to endure a hostile environment that has not exactly been a bowl of cherries for any of the group, but we've endured and tried to work with staff and get this project underway irrespective. We've spent a lot of time with the Palm Beach County team, and they like the project and they want to see the project go in the Heart of Boynton. Commissioner Greene wrote a letter to the eRA backing our project back in August of 2006 and likes the project very much. We've met with the Treasurer of Palm Beach County. We've met with the Director of Finance of Palm Beach County, but they've also stated that the that the environment has been extremely hostile, but on the other accord, they've also mentioned that they'd like to have all parties to the table and have even asked the Mayor, Chairman of the Board to attend such meetings, so they want to see this project happen. Just two weeks agol 67 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 we bought in a major financial partner from New York to meet with Palm Beach County and meet with the Mayor, Palm Beach County knows who this financial partner iSI and stated if this is the financial partner that you go forward with, we're in, We want to work with you because we know they are veryl very strong, They have $570M to spend on urban redevelopment and they're doing it all over the United States and in Florida, Now we're at a critical turning point to move forward and we're looking to the new eRA Board for cooperation in making this veryl veryl very important project happen. Not only for the City of Boynton Beachl but for the neighborhood and the people who have been waiting for this project for 20 years or more. The Heart of Boynton Plan was written in 20011 so we're all at the table now waiting to move forward in a public private partnership. We feell as a teaml that we need to work as a team and unite and move forward the Heart of Boynton Neighborhoodl and the Heart of Boynton Plan and work together in a true partnership, And that's what I'm here tonight to talk to you throughl and see and see if if we can work something out that's a win win for everybody, Chair Taylor: Thank you, Ms. Simons: Thank you. Chair Taylor: Questions? Board Member Weiland: Yes Mayor. Besides the speech tonight that you brought to us, do we have the three-party agreement and do you have the financing in place? Ms. Simons: The tripartied agreementl we've had two we've had two meetingsl one on January 8th and one on February 16th. We're morel we're more than open to work through the tripartied agreement. We gave our budget to the City on June 4th. Board Member Weiland: I'm not asking that. I mean - - Ms. Simons: May 8th sorry. Board Member Weiland: Do we, do we havel do we have an agreement signed with McCormack Baron and yourselves Ms. Simons: Yes. There's been an agreement signed for the last uml five. Board Member Weiland: Do you have that with you tonight? Samantha Simons: It's been in, it's in the publiC records, Its been given to the City Manager, 68 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member Weiland: Okay, Ms. Simons: It exists. Board Member Weiland: And do you have your financing in place? Samantha Simons: We have our financing in place to move forward if we can get a development agreement conducted with the City Commission, We don't have a, we don't have a development agreement. We need a development agreement. If the development agreement gets put in placel and we work to move forwardl we can move forward with the project, yes, Board Member McCray: Mr, Mayor, Mayor Taylor: Yes. Board Member McCray: Rather Mr, Chairman. Mayor Taylor: Yes. Board Member McCray: You know what? Uh, we've heard accusations tonight by, there was a hostile environment with uh, the eRA. I've been in Boynton for over 55 years and she said, that this is what the people over there want. They don't want high rises. And I'm gonna be honest with you. You know, talking about, that you all have done what we asked you to do. I'm sorry, you wasn't at the last Commission meeting. That's your problem. You gave me this idea about this guy whose sister has cancer. Both of my parents have cancer. Let me get one thing straight okay. What you need to do iSI I'm going to be honest with you, is stop trying to smoke screen us. Please listen to what I'm saying, You've been giving us nothing but smoke screens. You, you are Samantha. Okay, I know Barbara, I'm just saying, uhl we ask where are the dollars? You have not shown us any financial things, and, and these are the dollars. We ask you to bring people to the table. We send our City Manager to negotiate with you. Now you all try to make him out to be like he did not do what we requested him to do. We requested when he came back to the meeting on July the 3rd, if there was no agreement, he said they was impassed, then we are through. Commissioner McCray I am. I'm just through. I'm just saying I'm not going to have this people over in District II waiting another four years, you know talking about we're going to do this this and this. I'm, I'm, I'm sorry. You have not produced. You, you're not trying to produce. I'm sorryl you've gone over that. The community, they have lost respect for you all. I'm going to be honest with you all, They have lost respect for you and your company talking about Intown and they're saying Commissioner McCray, when are they going away, they need to be out town. I am trying to figure out whether you all are leaving. I'm sorry, 11 I can't support you all. I will not support you all. As far as hostile, I'm not going to be in no hostile environment. You are not going to say Commissioner McCray 69 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 sat there and gave you all a hostile attitude and everything. I'm not in favor of what you all are saying because you all have not produced. You have not brought back no finances, You have not put nothing on paper, You'vei said that the guy, he's real good. He has not been here. You know he was in town, He could not wait another daYI a couple of days if it was so important to you all. Why couldn't he stay here and speak with us, Enough is enough, That's all I have to say, Enough is enough. Samantha Simons: Mr, Commissioner McCraYI in, inl inl to answer about your financialsl I mean II I have, Board Member MCCray: NOI nOI not my financials, your financials. Samantha Simons: I havel I have our financials, Okay. McCormack Baron has a $28M statement. Okay $28M asset statement, they funded 106 propertiesl projects throughout the nation, They are, They are. Board Member McCray: Excuse me. Samantha Simons: They are one leading workforce housing developers in this nation, Board Member McCray: Excuse me, okay excuse me, that's all nice on paper, Where is the agreement where they say they are supporting you all and they have an agreement signed to bring to us tonight? I'm just sayingl I could go ahead and get a company to say that theYI you know, funded this, They've got billions, I'm just sayingl you know, and I could say that they're going to back us. Where is the letter of intent? Where is the agreement and and what is in black and white beside you standing there and gave uSI like probably about a ten minute speech, I'm sorry, but I'm just saying you know the finances are nice on paper. You have no agreement. Do you have an agreement to present to us tonight, signed? Ms. Simons: I have, Board Member McCray: Signed by the company, Ms. Simons: I have an agreement okay. I have an agreementl do you have an agreement to bring forward to Intown? Do you have an agreement to bring forward to Intown tonight for a development agreement? Board Member McCray: I don't need a development agreement, Samantha Simons: This is a public/private partnership, 70 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McCray: Excuse you. II I'm gonna be honest with you. I think really what you all need to do is to go ahead and go out of town. I'm sorry. Chair Taylor: All right let'sl uh, le'ts go to Commissioner, uh chair, Board Member. Board Member McKoy: Mr. Mayor, Chair Taylor: Board Member McKoy. Board Member McKoy: Mr. Chair. Chair Taylor: Thank you. Board Member McKoy: Whoever we are, uhl urn, uml you, you mention you talked about, urn, I guess working with a new partner. You didn't mention Urban America. I'm assuming, is that partner that you talked about. Do you have an agreement with them? Ms. Simons: Yes. Board Member McKoy: Do you havel can we see, when will we have access to that agreement? Ms. Simons: I, 1 can't submit that okay, until we come forward with the developer agreementl but we do have a letter of intent to go forward with them. Board Member McKoy: Okay and I havel urn, one other question, Urn, who, who is your lobbyist? Ms. Simons: Who is who is our lobbyist? I don"t have a lobbyist. Ms. Rudd: I actually put in paperwork for Intown. Ms. Simon: We metl we, I'll let her speak. Ms. Rudd: Barbara Ruddl Intown Partners. I actually submitted paperwork to the City of Boynton Beach, uh, as Intown, Barbara Rudd, as being the lobbyist to meet with Commissioners, and - - Board Member McKoy: Okay, Ms. Rudd: Whomever. Board Member McKoy: OkaYI so you have. 71 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Rudd: Since the newl uhl law was passed, we put our submission in, Board Member McKoy: Okay, have you had any other entity or party or organization person anyone else to lobby for you on behalf of Intown partners in any of the negotiations pertaining to uh this project? Ms. Rudd: NOI we have not. Board Member McKoy: Thank you, Board Member Weiland: Mayor, Chair Taylor: Yes. Board Member Weiland: I'd like to make a motion to cease discussions between the eRA of Boynton Beach and Intown Partners on MLK corridor, Board Member McCray: I'm gonna second that motion, Chair Taylor: I've a motion and a second to cease negotiations with, uhl Intown Partners for a development agreement andl uh, Barry Silver: I've a word dealing with that motion? Chair Taylor: Pardon me? Yesl yes, Barry Silver: Thanks, I'm Barry Silver. I've been asked to speak on behalf of Intown, Board Member McKoy: I'm sorry, one quick question, Have you been retained by Intown to speak on their behalf? Mr. Silver: Yes, Board Member McKoy: Thank you. Mr. Silver: I've never represented developers before, I've only sued them, Board Member McKoy: I just wanted to know, I understand there are some things that other individuals have done, worked for Intownl and perhaps haven't been paid, That's why I asked. Thank you, Mr. Silver: Unlike some other attorneys, I don't necessarily need to be paid to help people and to represent them, 72 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McKoy: I understand, I just want to get clarification because that has, 1 understand, that has been part of the practice. Thank youl sir. I'm ready to hear your comments. Mr. Silver: Thanks. As I mentioned - - Chair Taylor: Your name and address Mr. Silver, if you could, just for the record. Mr. Silver: I live in Boca Raton Floridal 18624 cape Sable Drive in Boca Raton. Chair Taylor: Thank you. Mr. Silver: Urn, like I say, usually I sue developers because more often than not in Palm Beach County, they are trying to destroy the environment, the open space and the, uhl natural resources that we have. There"s a State law and, uh, Development Act Statute 163 and the Eastward Ho project and policy of the State which says that the State of Florida and our communities should attempt to redevelop the inner cities rather than start new developments out west, and the reasonl of course, is it's better for the environment and it also helps revitalize neighborhoods. I was approached by Intown because they advised me that they are interested in trying to pursue that objective of trying to help people in the inner City; trying to provide affordable housing and trying to be responsible neighbors, And they've teamed up with other people, such as the McCormack Group who not only talk about that but have done that. They have established not only housing for people but they have also been involved in charitable projects to help the community and they don't just provide a house. They actually provide services and community projects that help revitalize the community. I have spoken tOI uh, Richard of the, uh, McCormack Group and he's advised me that he is very interested in the project, that he's a partner in the project and that he wants to try to help Boynton Beach. And so it seems to me that if you've been dealing with the group for about four years, and they're telling you that they have certain agreements in place and apparently you're not aware of them and for some reason, they haven't been brought forward, I don't know why, it seems to me that these agreements are part of the public record that you should check the public record or ask them to provide it again. And after waiting four years, give them a little more time. If you want to, whatever it's that you think that you need in order to be assured that they're for real, give them 30 days or 60 days and say produce it. But would recommend that when you have this potential, this group that seems like they have the potential to do wonderful things for the community, that instead of just writing them offl or coming up with plays on words that Intown should be out of town. You know, I've heard that there's been a lot of animosity, It seems like the animosity is still coming through. I would say drop the animosity and let them produce and give them another 30 days or 60 days or whatever it is to produce what they have and, and start a different type of relationship. There's a new CRA board. Start a different relationship and let them 73 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 produce. If they can't produce or they can't satisfy youl then find somebody elsel but I wouldn't write them off just yet. Also, it's not fair to them also, Ifl if they have certain commitments from the City and the City says you know we would like to work with you and we're going to negotiate with you and there seems to be some things that have occurred which might have shown that the negotiationsl not because of YOUI but because predecessors might not have been going forward in good faith, it seems to me like we would want to try to put that behind us and move forward. And what I'm suggesting is not an open-ended type of situation. Give them a little bit of time, Let them know exactly what you want. You want a signed agreement with a group. You want a commitment to money. Let them know what it is that you want. Give them 30 or 60 days to produce it. But I would also suggest that if Intown is indicating that they need certain things from the City in order to be able to produce what you want, certain commitments, that you also listen to what they have to see and see if you can provide what assurances they need so everybody can work together, So I would recommend that and that we all work togetherl otherwise the situation can become quite acrimonious and you'd have to start from scratch. You know if you worked with these folks for four years and you can't give them another 30 to 60 days and you start from scratch with someone elsel these people are saying we want something done now, they're going to have to wait a very, very I very long time before something else comes up, This group is ready to gOI willing to go, They got the assets. Give them a little time andl and let's move forward with the project, If you have any questions I'll be glad to answer, Vice Chair Rodriguez: May 1 respond? Chair Taylor: Mr. Silver? Let me response and I'll let you both respond, Mr, Silver? Mr. Silver: Yes, Chair Taylor: I feel like you're coming in a little bit on the end of this whole thing, Yeahl they may have been here for four years, Actually we went out to RFP last August. Two people responded, They were one of them and they were chosen up front to try tOI negotiations to try to come up with a developer's agreement. At the timel it was asked how long we think it will take to get there, Uhl the attorney was being very uhl objectivel 1 think. He said it would take us probably six monthsl maybe on the outside. We'll hope we could do that sooner, That would have taken us to last February, That didn't happen. Um there was some bog down, All of the details couldn't get together so we did extend that. We did give them extra time, In fact we went so far as to take it out of the eRA and bring it to the City and appoint a special committee to sit with them to try to iron out to get this developers agreement. It was very, uh, I attended that meeting. It was very open to what we wanted and what they wanted. There was a great exchange there at that meeting, Here's what we need to move forward, Here is what you need, Urn, we've not withheld anything from them as 74 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 far - - I'vel I've probably been the strongest proponent for Intown that I know of, I've been one of the, and the reason because I wanted to see that, I wanted to see them build that village they talked about. I' really want to develop that area. I want to see that happen, so I was saying this is our best shot. Let's make this happen. I've done everything I could to make this happen, but I can tell you. That I have met with all the people your talking about personally and II even the latest one that flew in. I was probably the only one that got to meet with him, cause he was only here one day, urn, but there is nothing on the table, We had, we said, the Commission, we gave them plenty of notice. We said, bring us a development agreement by July 3rd. That's our deadline, Now that's another four months, not thirty days. Another four months we've given. We don't have that. We've got nothing. We're back to zero and, and the original RFP said we would do our very best to negotiate with the first person was Intown. If that failed, it would come back to the eRA. The CRA would make a decision then and then it would go back and we would try to negotiate with the second runner up. That was my recollection of that, that meeting. So II I've got to tell you, I've gone out of my way, I've bent over backward I thinkl and I think maybe Ms. Samantha and Barbara will say I've been there for them. I've tried to make this happen because I wanted that to happen for that community, I have not been able to make that happen. 1 cannot make that happen and uh, I've gone long enough, The community"s waited long enough and even, even I can tell you, looking in the proposal, what's being presented, uh, the money that they're gonna require subsidies, I can tell you right now before we even get there, the City doesn't have it. Uml maybe the County will throw something in the pot, I don't know, The CRA doesn't have the kind of things it will take, We're talking millions and millions and millions and we can"t put it all in that bucket. So I, 1 see this as a dead end and I think we've been more, more than open about giving them time and effort and so I have to agree with the motion that's on the boardl on the floor at this time. That's all I've got to say. Mr. Vice Mayor Rodriguez: If I may, you know I've also been a proponent of Intown primarily because II I know the magnitude of this project and how large it is and I didn't want tOI I wanted to ensure we gave the developer ample time to get their ducks in a row and the City and CRA also and they mutually and you know this Commission went on a limb and did something it probably hadn't done ever and that was take away negotiations because the eRA board was ready to terminate many months ago. So we took over the negotiations, fresh faces, City, very experienced City Manager, City Attorney that's sitting here with us tonight. Fresh faces to try to negotiate this out. We set clear expectations. his Commission set clear expectations on dates and deliverables, At the end of the day, they were not met, and so 1 would also have to support the motion on the table. Board Member Weiland: I have to echo those same things. We went head over heels to try to make this happen and we've gotten nowhere. 75 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Mr, Suss, Herb Suss: Mayorl thank you. Herb Sussl citizen of Boynton Beach. You know, Chair Taylor: Give us a little bit of an address of where you live, Mr. Suss: Yeah, uh 171 right you're right. 1711 Wood Fern Drivel Boynton Beach. Chair Taylor: Thank you, Mr. Suss: Okay, Mr. Silver: Before you votel you might want to take a look. Mr. Suss: NOI No, I'd like - - Chair Taylor: Well let's flnishl we're getting to public comments. Mr. Suss: I have the floor please, excusel I gave you the courtesy, give me the courtesy please, Chair Taylor: Yeah, Mr. Suss: Uhl let's face it. I ask three questions. Where is the tripartied agreement? I have not seen it. Nobody has seen it. And yet it's stated its there. I haven't seen it. I alsol an important question is, wherel and I've asked this question I where is their previous work record? In other words, they claim to be this, they claim to be this, I want to know and see and so should the Commission, I mean the new eRA Board, where is their previous work background as an Intown company? Where is it? Uh, it hasn't been stated, I haven't heard of anything, Uhl the other thing is besides the tripartied agreement, besides the uhl thel where is their financial statement? I haven't seen it. We have asked all these questions, This commission and now the previous eRA Board and now the new eRA Board has given these people 30 daysl 90 daysl 6 monthsl 4 monthsl 5 monthsl and then July 3rd when they were supposed to come here as stated by some of the com, uh, new board members up therel they came they were not herel so they did not meet every time the previOUS eRA boardl the Commissionl every time they have come up with a situation that they were supposed to do something they have not, not followed through and this has been, I guess four years of a sorry state of affairs that has continued for four years and I say end this discussion. Get a new RPF, it they want to go again and come againl let them be open but there is other people out there that could probably come across, Thank you, Chair Taylor: Thank you. You had something you wanted to add before we voted? 76 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Barbara Rudd: Basically, I mean I can, I can put into public record a letter that Urban America wrote to us. This came in July 5th and you know, I can submit this. I have the letter of intent in my hand but 1 Cannot submit that into public record. So if you want to look at this, you can. Ms. Simons: And Mayor I'd also like to addl okay, the day after the meeting that you held, that this group Urban America called us up that they'd been contacted. Their president of their company was tried to be contacted to, to, to slander our, our group. And that was by prior board membersl prior CRA board members. That's not fair and just treatment for any developer, Intown or anybody, Any of the groups coming in are they going to be treated the same way that we were. Are they going to be given two meetings for their developer agreement and say that's it, you're out. Are they going to be competed to? No but they're gonna buy the land, okay, but the land is free and clear. We've been competing against the eRA for the same property in our site area for four years now $2.5M an acre for property in the Heart of Boynton. Larry Finkelstein's property was 7.4 million an acre, uh, for 7,83 acres. In addition to that you paid an addition 1.1M for that property as well. You know we've never been helped, not one dollar in our development site by the eRA, but Larry Finkelstein's property they purchased an extra $1.1M dollars to expand his site, That's fair and equal footing? That's putting two developers in the same area on fair and equal footing right? Chair Taylor: Well, let me just say in the letter you just gave me from this is from Urban America basically the first part just gives the background of their company and how much, uh, finance money they have which is true, but the last paragraph and I'll read it, "we believe that a public/private partnership will be essential to this project with strong financial commitments from both sides in order to bring this project to fruition. We look forward to furthering our discussions with your firm and the City of Boynton Beach as we continue due diligence on this very important urban renewal project to the City of Boynton Beach." This merely says that they'd be glad to discuss it and look forward to it. This is no commitment that they will ever fund any money. They're saying they'd be glad to talk about it and see if its something they'd be interested in. So, and I agree, I think they do have that money but they're where they spend it's their business but you don't have a written commitment that they're going to put that into your project. That's all I can say. Ms. Simons: Wel we would have, we would have a commitment on the agreement and the, and 1 just want to go on record that the only subsidies that we are asking, apart from the TIF that is to be decided and to be discussed and how that would be put into the project, which the developer's putting into the project. The only subsidies that we're asking are the same subsidies that you passed a workforce housing ordinance to provide which is $60K a unit and we've got 211 workforce housing units which is 20% of the project site area. We're asking for another $lM for site demolition. Sir, 77 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Well Samantha I'm not here tonight to discuss the development agreement, That should have been done at the table, That's what we asked to happen, It was supposed to be brought back to us. Samantha Simons: But it was never. Chair Taylor: It has never happened. That has never happened we don't have it here and we're not here to do a development agreement here tonight. So I do have a motion on the floor, Lee Wische: May I speak please? Number one, I have checked highly to your putting the onus on the eRA, I've been here for 30 years I never seen a charade like this go on anywhere. You have never communicated with the CRA, you haven't cooperated with the CRA and you haven't even met with the eRA. You've done nothing right but procrastinate on and off and each time you had a new lawyer a new backer or a new this or new that you didn't have any of the credentials and you wouldn't admit it. So don't put the onus on someone else, You were not prepared, It shouldn't have gone on this long. You should have been dumped a long time ago. Thank you, Ms. Rudd: In response to Mr. Wischel we had the financials right from day one which should have been told to everyone by the eRA every single time that it came up. But it wasn't. When you have a book of financials at the eRA office and everybody says where is the financials and you don't state that the financials are at the eRA officel then there's a conflict of interest right there. I think that's a problem and those comments were in the newspaper all over the place, That is not what Baron McCormack Salazar came to Boynton Beach for. Thafs not what Intown wanted to do this project for; to be harassed and led down the road to what, To have negotiations at 20 du? That didn't make sense, Chair Taylor: OkaYI yesl I'll take one more and then we have a motion on the floor. Wanna McCloud: Mr. Mayorl thank you, My name is Wanna McCloud, again from 215 NE 7th Avenue. I would like to address Intown because of what the young ladYI put, said last week. I looked into Urban Development and 1 would like to ask her, do you by chance know Duncan McKnowlan? Board Member McKoy: Onel I believe you mean Urban America. Ms. McCloud: Urban America, Do you by chance know Duncan McKnowlan? Ms. Rudd: Not personally. 78 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. McCloud: He's one of the owners of the company and he stated as the letter stated to you, that they were asking for your background as to what you had done and you gave them nothing to show for it. So they pulled back from with you, Ms. Rudd: That's not true. That's not true. Ms. McCloud: I can call him right now. Would you like him on the phone? Ms. Rudd: That is absolutely not true. Chair Taylor: No, no, no, no, no, no, no. This not serving any purpose here I'm not gonna get into a bunch of name calling here. Board Member McKoy: Mr. Mayor. Chair Taylor: Before we dOl yes. Board Member McKoy: Before we votel I think it's very important we hear from our City Manager, Some very, urn, comments were made and I'd like to hear from our City Manager in response to Intown's comments pertaining to his activity in this, City Manager Bressner: City staff did the best, the best they could to get an agreement to you by the date that the City Commission had asked. You and I think we made a diligent effort to get the information that was necessary to make an informed business decision. With respect to the 20 units to the acrel I understood and I accepted the fact that Intown was not willing to, or financially able to develop a 20 unit per acre development. I asked the question at the February meeting specifically can you or can't you and they said no and 1 said fine. So I don't think its fair to say that we were dealing with that density issue. We understand with respect to that so I want to clarify that for the record. Now I think the City attempted to gather the information that was necessary for the CRA board and the City Commission to make an informed business decision as to whether or not this was in the best interest of the community to go forward with that development. I can't answer that question because I don't have the information so I was unable to present you with the documentation that would be necessary for you to make an informed business decision as to whether or not this was good or bad for the City. So, I apologize, but I couldn't get it done. Chair Taylor: Thank you. Mr. Silver: Can I make a quick comment before you vote, Intown was dealing with a board that apparently was disbanded because of some type of corruption or some type of - - 79 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: That's not true, That is not true. That is not true at all. Mr. Silver: Whoever they were dealing with no longer exists in that forum and I think that it would be unfair to require Intown to come forward and do everything on the up and up when apparently on the other side there were things that they needed and were seeking and wasn't done properly, You've asked for certain information from them. You've asked for a commitment. You've got it. You've got a letter there. If you want something furtherl you want more of a commitmentl if you want an absolute guarantee, or something that's fine, they can provide it, but the City has to at least say I if you are dealing in a contractl you can't just say to the other sidel okay you make a commitmentl you tell us your gonna put this much in and you do this and you do that you do that and we're not doing anything, If if you have certain requirements that you want from them and you are willing to also comply with what they need in order to be assuredl that's how you negotiate, Anything elsel if they're coming to you and saying we've got the commitment. Here is the letter of intent. Give us 30 days, Tell us what you need and we'll do it and you don't at least give them the opportunity to do that, you are not negotiating in my opinion in good faith and you've allowed them to spend huge amounts of time, a lot of money and then you haven't allowed them to proceed in good faith and deal what you want. Tell them what you want. Give them 30 days and I'll make sure that they get it. As long as its reasonable to ask them. But it's not fair at this point to ask for these commitments and not give them the time, They have a commitment they've showed you, I'd saYI if there's anything further you need, give them 30 days and let them produce it before you just terminate with them and allow them to have some, all this money and time into this proposition, Chair Taylor: When a developer comes to the City they say here's what we want to do, Here's our proposal. Here's what we canl here's what we're gonna put into it, the money we can put into it and any developer is gonna say I okay where you gonna get that money? We need to see your financials, We got to, Before we could ever approvel that I'd want to know where is your money coming from? We haven't seen that and uhl that's where we're at so, Mr. Silver: 1 think you have the financials in the record, I believe they provided. Chair Taylor: No I'm sorryl we don't have that in an agreement. You can talk all you want about what money you've got to have in writing, Mr. Silver: It is, Chair Taylor: I know that about business. You better have it in writing. But anyway I want to call the question. Ms. Rudd: Mayor if I could just address that for one second, 80 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: NOI I've heard enough. I want to call the question. I've a motion to cease negotiations with Intown and there was a second to that. All in favor? All: Aye. Chair Taylor: All opposed. Show the motion unanimous. Now I need one other, we need one other here. We need to direct staff where to go from here. Do you want them to, originally back the way this was done as I recall, if this, if negotiation did not come to to fruition, we would go back to the second applicant and try to negotiate with him or you want to go out for again for RFP. Board Member Weiland: Mayor, Mayor. Chair Taylor: Yes. Board Member Weiland: I would like to go back to go back to a former CRA meeting, when uh, Board Member Marie Horenburger made a motion that discussions with the first group did not succeed that then they would begin negotiations with the second group. So, being here tonight, I would like to make a motion for the eRA to begin negotiations with the Auburn Group, uhl for the MLK Corridor. Ms. Bright: Mr. Chair. Chair Taylor: Is there a second to that, then I'll have discussion after that. Vice Chair Rodriguez: Second. Chair Taylor: I have a motion and a second. Yes, under discussion, Ms. Bright: I think you know, that was the motion back then but I do want to remind this board that the former eRA board, in May, set a public meeting that would be the results of the Treasure Coast analysis, So that meeting is set for July 26th at the Hester Center to meet with the property owners and the residents of HOB, both, urn, Vivian Brooks, Mike Simon and I will be there as far as staff as well as representatives of the Treasure Coast Study to speak with the citizens. So I do want to make sure that everybody in, in the audience tonight understands thatl that public meeting will happen as well to discuss that opportunity. Chair Taylor: MaYI will be at the meetingl maybe will be at the meeting. Board Member McKoy: Mr. Mayor. Commissioner McCray: Mr. Mayorl Mr. Chairman. 81 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Yes, Board Member McCray: I have some comments to make before we go back to the Auburn Development becausel uhl that's why I've held off on my discussion until now, right with the presentation by the three individuals that's going to be presenting tonight. I got a phone call Monday morning I and it was from a Mr. David Katz, I'm gonna be honest. It was about three minutes to nine, He didn't know he was a paid lobbyist for Auburn Development. That's number one and if SOl how much money are you all paying him. Mr. Katz called me and told me said that Intown was going to be out and 1 know that you all are going to do the right thing by Auburn and that's why I'm having problems right now, The, oh yes, that was the conversationl let me go ahead and finish, I don't need Mr. Katz to make phone calls to Commissioner McCray or Mack McCray because he called me Mack, That was what he told me. My whole take is that I don't need him to lobby me, I think for myself. I feel like the developer wanted to tell me something I feel like you needed to pick up the phone and call me, I am highly disturbed by him calling me on the telephone and telling me about what I need to do, I think for myselfl that 1 can go on record and say that he called me. You can pull the recordsl uhl and you will find out Mr. Katz called me from an unknown number that was on a Monday morning, Unknown. And I do have problems. I'm just saying I youl when he calls to tell me what that we need to do. 1 don't know if he called anybody else. But he called me, I don't have a good taste in my mouth I Auburn right now, For you alii you all gave me some stats and said you know that this is what really went on. We don't support this guy yet. He had no business calling you all. Because right now I felt like I was being lobbied okay, That's all I need to say, Board Member McKoy: A couple of points that I want to make. On two separate meetings when it was very clear when the negotiations with Intown were at an impassel I spoke out and stated that we had a Plan A and a Plan B in place. And thatl at the time that the contract was awarded to Intown that at that timel it was stated that if those those those negotiations were to break down, that we would go to Plan B which I believe was the Auburn Group. And no one listened but pointl but that's neither here nor there but I'd like to state that. I'd like to also state that I too received a call from, uml Mr, Katz, uhl but I did not return that call. Chair Taylor: Mr, Katzl since you were brought UPI I'll give you a moment to respond. David Katz: Davidl excuse mel David Katzl 67 Midwood Lanel Boynton Beach, Yes, urn, I am working with Auburn, Twol it is none of Mr, McCray's business what our arrangement is, Three, I did call Mr. McCray, I got on the phone, I had asked for his City cell phone number from the from the City Manager's Office which Joyce Costello gave me, I called him. I said Mack, he goesl yes. I go this is David Katz, Do you have a couple of minutes. He said yesl a couplel go ahead. I said I'd like to speak to you about two things, One is I'd, I think that it'd be good if Auburn got approval for 82 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 the Ocean Breeze project, to make that move fOlWard, to get the urn, the project going, it would be go, excuse mel it would be good for the community. He said, what else, just like that, what else. And I said, well I'd also like to talk about the Heart of Boynton area, I know there's been some bad feelings and animosity concerning, uhl Intownl in relation to that project. I think it would be good to put that behind us as you did as the City Commission and now as the eRA Board and that living by, uh, previous board member Marie Horenburger's motion which Commissionerl uh, sorry, uh, Board Member Weiland referenced, that you should go to number two and try to build those bridges again in the community. He said, says that's it? And I go, yes, and he said, bye. And yes, my phone number is on record with the City Clerk. Yes, my phone when when sometimes when I call it does come up as a private number or unknown, but that's you know I that's just the way it is, but my phone number is on record with the City Clerk and I'd be glad to state it here right now if anybody wants me to and that's, the extent of the conversation. Board Member McCray: Point of clarification. Since you are on the floor, he did not say for the citizens over there. He said for the people over there and I took an offense and that's why I told him good bye and we are referred to as citizens. And Mr. Katz, it might not be none of my business what they are paying you, but I need to know are you registered and you all need to get me some information if he's a registered lobbyist and if SOl how much are you all paying him, I'm just saying there's some, its public record. It's something that's coming before us, We've got a big development here, and when he said its none of my businessl then let's make it the public's business. Chair Taylor: Okay Board Member McKoy: Mr. Chair Taylor: Pardon me? Board Member McKoy: Weiland. Ms. Simons: This has nothing to do with Intown, This has to do with this mess. I would like to go on record. This is Samantha Simons, Principal of lntown, uh, regarding David Katz, because it's, it's been an issue and I, I believe even, urn, board member McKoy asked about whether we had a lobbyist, okay? David, I want to go on record so this is all on record. We were contacted, 1 don't know exactly what month, but we were contacted by board member, former board member Marie Horenburger, that you must call David Katz, 'cause he could help you with your projects, okay? I returned the calli urn, to urn, Horenburger. She called me three times. I met with David Katz at Starbucks Restaurant and I told him, under no uncertain terms, were we gonna pay him to help uSI but, if as a citizen of Boynton Beach, he wanted to help us, he could but we weren't paying him. He was never gonna be a paid lobbyist for us. He was only gonna 83 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 do it on his own will. It obviously got very heated but David Katz was quote unquote lobbying for Intown, That was never the case because again I state he was doing it on his own will. We were asked time and time againl "are you paying David Katz?" And I understand, I mean, not everybody's liked and some people like some people and other people don't like others, okay? And, we got a lot of heated discussion. I want to go on record that outside board member Weiland's officel he asked me "when are you gonna pay David Katz?" Chair Taylor: Thank you. Ms. Simons: "When are you gonna pay David Katz?" Board Member Weiland: Who asked you? Ms. Simons: You did. You didl board memberl and I'm going on record today as this has been a very I very heated discussion, Chair Taylor: Okay, (Vice Chair Rodriguez left the dais at 9:16 p,m.) Ms. Simons: And I've got Richard Baron to attest to the facts. We never paid David Katz. Howeverl you asked me "when are we gonna pay David Katz?" And that's all I have for the record, Thank you, Board Member Weiland: If you would like, Chair Taylor: Excuse me, Ms. Simons: Payor play in this City, Payor Play. Board Member Weiland: If I could make a response to that. I know... Chair Taylor: I'm sorryl please, call the place to order. I'm sorryl please leave the Chambers, (Talking to Ms. Simons) (Board Member McKoy left the dais at 9:18 p.m.) Board Member Weiland: I would like to make a public statement. I met with Mr. Baron and the girls at my office, I never made a statement of that nature and I will be willing to take a lie detector test tonightl tomorrow morning, whenever it may be. I 84 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 know 1 can to go sleep tonight and know I've told the truth. I'd be willing to take a lie detector any time somebody asks me to. Chair Taylor: Yes. (Vice Chair Rodriguez returned to the dais). Chuck Magazine: Uh, I didn't plan to get up and speak on this but since the subject has come up my name is Chuck Magazine and I'm the Risk Manager for the City of Boynton Beach. Back in March, I attended the Palm Beach County Days in Tallahassee. I did not represent this City. I am President in of the Palm Beach County Chapter of the Risk and Insurance Manager Society and Chairman of the Legislative Affairs Committee. 1 took vacation, my chapter paid for my way, uh, so I had, I, you know, I, I hung around with some of you people but, uh, I was there for my risk group. Outside of the hotel, I think it was their first or second evening, Mr. Katz was there and he, uh, asked me if I was there representing the City and I said no and I showed him my badge that, uh, I was representing my risk management group, I said who are you here for? He said that he was representing Intown, He was introducing them around to the State, County and local people. Uh he didn't say he was being paid, so I don't know whether he was being paid or whether he was, uhl you know, paid his own way up there but the fact is that he told me that he was representing Intown. And I just wanted to make that clear for the record also, Chair Taylor: Thank you. We have a motion on the floor 1 believe. Uh, do we not have a motion on the floor. Vice Chair Rodriguez: Yes, we do. Board Member Weiland: We do, we have a motion tOI uh, Vice Chair Rodriguez: I believe you have a motion and a second. Board Member Weiland: Commence negotiations with Auburn Group. Chair Taylor: And there was a second to that motion for discussion. Vice Chair Rodriguez: Yes. Chair Taylor: So I've a motion and second. Urn, the City Manager, do you need to say something before we call for a vote? Mr. Bressner: II I would say that my recommendation is that you do a new RFP, 85 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McCray: Thank you, Chair Taylor: I've a motion to uh, and a second to as the eRA originally said go back and try to negotiate with the secondl uhl person so I'll call the vote on that. All in favor of doing that say aye, Chair Taylor: Aye. Vice Chair Rodriguez: Aye, Board Member Weiland: Aye, Chair Taylor: All opposed, Board Member McCray: Nay, Chair Taylor: Mr. Rodriguez did you say aye. Vice Chair Rodriguez: Aye, Chair Taylor: Show the motion passes 3-1 with Commissioner McKoy absent. Vice Chair Rodriguez: Can I uhl a housekeeping matter please, Chair Taylor: Yes, Vice Chair Rodriguez: On this particular matter. Urn, we receivedl urn, somel some, uml cost dollars from the City Manager as he negotiated the deal with Intownl that was unsuccessful obviously and I'd like a motion like a motion that we pass those costs on to the eRA, I think its approximately $24K so motion that those costs of the negotiations, legal costs and City Manager time be absorbed by this board, Board Member Weiland: Respond to thatl so being this issue is just being brought up, My quick thinking on that is I don't think the eRA should be responsible, The City Commission arel iSI arel the grouPI were the group that asked I uh, assumed the discussionsl take the discussions from the CRA and bring it back to the Commission for the MLK area, so - (Board Member McKoy returned to the dais at 9:21 p.m.) (Board Member McCray left the dais at 9:21 p.m.) Vice Chair Rodriguez: Had we - - 86 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member Weiland: With us suggesting, uh requesting to do that, I would assume that we would have assumed the responsibility for the financel financial end of itl uh, for that period of time, Vice Chair Rodriguez: I, I, urn understand your point, but had we delivered a successful contract, you know, we still, there was a job that was done and I ultimately, we were going to turn it back over to the eRA as a function that they would have incurred cost on and did not because we did it. So that's why my motion is on the floor, Chair Taylor: Well they would have, uhl you know they could have either agreed or disagreed with whatever we sent back to them but uh, I kind of view, Commissioner Weilandl they never asked us to take that over. It was the City Commission that went ahead and, and did that and so I think it was our responsibility if we're gonna do it to fund it, they never asked us to do that so I don't know why we would bill them for it so I understand what you"re saying. Vice Chair Rodriguez: It's a eRA function that's why tha~s all. Chair Taylor: I understand, I understand what you are saying but - - Vice Chair Rodriguez: Sure it is (inaudible). Chair Taylor: There's a motion, was there a second for that? Board Member McKoy: I'm sorry I what was the motion? Chair Taylor: There was a motion to charge back - - Board Member Weiland: Uh, no, there was no second to that. Chair Taylor: No, I don't think there was a second. There was a motion to charge back to the eRA the costs the City incurred by having the City Manager then meet with Intown. Board Member McKoy: eRA -(inaudible). Vice Chair Rodriguez: Twenty four thousand dollars, I, I, I felt it was a eRA function that we, we're providing on their behalf and they would incur that cost regardless. Vice Chair Rodriguez: Yes. Board Member McKoy: Okay. 87 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: You felt the CRAI but the eRA was negotiatingl they didn't need that, the City decided to take it over and do it so, Board Member McKoy: But the motion is to have the - - Chair Taylor: Pass on the cost. Board Member McKoy: Back to the eRA. Chair Taylor: Right. Yeahl yeah, yeah, Vice Chair Rodriguez: Twenty four thousand dollars, Board Member McKoy: Okay, Vice Chair Rodriguez: And there's no second yet, Chair Taylor: No second yet. Board Member McKoy: Oh. Vice Chair Rodriguez: Put you on the spot. Chair Taylor: No second. Motion dies for lack of a second, Attorney Cheraf: Mr. Chairman could I ask you to return to the previous motion thenl uhl Board Member McKoy was off the dais for a moment and the record should reflect what his vote is on that motion. Chair Taylor: Okay, Commissioner McKoy, The vote was tOI the vote was to return to Auburn Group to try to develop al ahl the developer's agreement andl uhl that was properly seconded and it was, Board Member McKoy: Well, that, that was the original agreement when it was offered to Intown is that correct? Chair Taylor: Thafs correct. Board Member McKoy: My motion is yea. Chair Taylor: Okay, so show the action passes 4-1 then, 88 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: Mr. Chair, could I get some clarifications? I'm sort of caught here in the transition. So would that be directed for attorney, eRA Attorney Cherof and I to begin those negotiations? Is that appropriate? Chair Taylor: Thaes appropriate. Ms. Bright: Thank you. Chair Taylor: Thank you. Okay, that takes us to, uh, presentations by the respondents of the Ocean Breeze. Board Member McCray: Mr. Mayor, Ms. Brightl excuse me. Before we uh, go any further I did not get clarification and that was, is Mr, Katz a registered lobbyist, and if so, since that is none of my business, still, is he being paid by Auburn, which you said he was. I'm just saying we need to get some clarification. I'm just saying, you know, if he don't want to tell us, I'm quite sure Auburn wouldn/t mind telling us. I'm just saying you know. 1 need to know, Is he a paid registered lobbyist? Mr. Katz: 1 registered with the City Clerk and filed the proper paperwork. Board Member McKoy: Okay I have a question, what to Auburn Group Mr. Mayor if I may. What is your relationship, Mr. Katz. You need to - Thomas Hinners: Resident of the City of Delray Beach. Board Member McCray: Pick it up, Thomas Hinners: Resident of the City of Delray Beach and, uh, David Katz was hired by Auburn Group as a lobbyist. Board Member McKoy: Is he still, you said was, is he still? Mr. Hinners: Yes. Right. Board Member McKoy: Thank you, Board Member McCray: Okay I since he was hired, I'm just saying, since it's not gonna be public record, it is publiC record. What is it you all pay Mr. Katz for his work? Mr. Hinners: Well, I don't know that I should divulge that. It's up to him. I guess. 89 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McCray: OkaYI as long as the record speak that you didn't want to divulge itl I'm just saying that something coming up this bi91 a developmentl etc'l then we just gave you another one, Chair Taylor: Weill we have a lot of people come before us with agents who are hired by these companies to represent them. We don't ask them what they're getting paid, You know, so I don't know why we're doing it this time, So, OkaYI thank you, Board Member McCray: We never had to ask them either sirl okay? Reverend Land Chaney: To our chairmanl I, as a citizen nowl I guess I have a concern. Urn, from the discussions tonight we're - Chair Taylor: We need your name and address. Rev. Chaney: Ohl I'm sorry, please forgive me, My name is Lance Chaney, 238 Birch Street, Boynton Beach, Florida, Sitting in the audiencel it has been brought to my attention that there may be some conflict of interest and I guess I would love to get some information in regard to that. At a previous meeting, it was indicated that Mayor Taylorl and Board Member Taylor and Board Member Rodriguez paid Mr. Katz $2,500, And now we have some other issues about him now being a consultant for this Auburn GrouPI as well as a possibility at least some allegations that Board Member Weiland also was involved in some money between Intown. And so I have some real concerns that if I as board members we have one that's paid him for consultant $2/5001 another paid a company called Happy limes that he is involved in for $2,500 and he is a consultant for Auburnl it appears to be a rather blatant conflict of interest. Thank you, Chair Taylor: Weill let me address that for you, In order to have a conflict of interestl you have to, uhl uh, achieve some personal gain from anything that you vote on. I have no way of achieving any personal gain. I hired Mr. Katz during my campaign for Mayor as a worker bee for me as a campaign worker with mel whichl uhl he was, quite franklYI outstanding in the work he did for me and it's public record, It's on my campaign thingsl and, but I have no way of gaining anything from what's before us herel personal gain for that so there's no conflict here, Rev. Chaney: There just seems to uh, uhl againl to be an appearance of collusion. My real concern is this Mr. Katz, good or not good, what have you, but we now hear that three of the board members have personal relationships with him and he is also nowl one of I guess spokesperson or lobbyist for a developer for the City, And againl it seems to really appear to be a conflict of interest if that information hasn't even been divulged, So, as this group is getting ready to comel it has not even been divulged from you and the rest of the boards that you've paid him or you've had contact with 90 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 him and it appears, again, and I think Auburn Group is probably a phenomenal group,' but I just have some concerns. Chair Taylor: I, I, I don't know why you said it hadn't been divulged. It's public record. It's all public record. Not only that, somebody brought it up at the last meeting so its very open to the public. Nobody's hiding anything. Rev. Chaney: I'm sorry sir but that was at the Commission meeting and not the board meeting. Chair Taylor: Uh, huh. So whatl I'ts still public information. Rev. Chaney: I'm afraid that now that you are sitting as a board, you have to divulge that information prior to them coming so that when you determine to vote, there's no collusion. Chair Taylor: There's no conflict in my mind. I have nothing to divulge. There's no conflict. Everything's already public record and I have no way to gain anything from this. Rev. Chaney: And absolutely I'm not going to argue with that, but if you read the information as a board, you have to divulge that information to the public if they're going to be presenting to you. Chair Taylor: Its' already there, nothing is being hidden. Rev. Chaney: Thank you very much. Vice Chair Rodriguez: Chair, you know part of the responsibility that Commissioners and City Mayors and mayors have is to listen to the citizens. I mean I, I look around the room I've probably had conversations with 15 people in this room and every single one of them advocates a position on something. And that's what we do, We listen, we listen, we listen and we make judgment on whether we want to support it or not support it. It doesn't necessarily mean we're gonna tell them we're gonna support it but 1 have an obligation to listen to everybody that calls me, and I do call everybOdy back regardless of who you are, And so everything that is on my, on my elections forms is public information obviously, the State of Florida regulates that uh, and you know, I will continue to listen to anyone that calls me. I will continue to listen to a, urn, an opinion they have, and I, at the end will formulate my own opinions and how I vote is my business and my business only, Chair Taylor: This is not a discussion we're not going back and forth, we heard your scenariol we're moving on. Thank you. Thank you, 91 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Rev. Chaney: It truly is not and he's addressed it. 1-- Chair Taylor: I'm sorry, we're not listening anymore. You have, we listened to you, Its not a back and forth discussion okay. Thank you. The next item is the presentation in response to the Ocean Breeze. Board Member McKoy: Mr, Mayor, Excuse mel excuse me, excuse me Mr, Mayor, Mr. Mayor, may I have the floor? Chair Taylor: Go ahead. Board Member McKoy: I would like to hear what Mr. Chaney has to say, Mr. Chaney, Rev. Chaney: The only thing I'm trying to get across to Board Member Rodriguez there's a difference between someone I uml speaking to you about their issues and someone giving a formal presentation and when those formal presentations are submittedl then it is your responsibility prior to, to divulge a connection to that group, And that's all. Thank you so much. Vice Chair Rodriguez: Thank you. Chair Taylor: OkaYI we're gonna move on now to presentations. The first one's American Realty Development. Mr. Silver: May I have a word, Taylor: I'm sorry I'm moving on in the meeting now, Thank you, Americanl American Realty Development is first up. Vice Chair Rodriguez: Can II can I, can I make some commentsl questions before we get started for clarity? Chair Taylor: Sure. Vice Chair Rodriguez: Uh. The proposed I the agenda item staff report that we received, urn, a couple of questions, Uml for the Auburn Group there's, there seems to be maybe an error in the numbers in the financials, Um, I'm looking at section 21 page 4 it talks about. Chair Taylor: Why don't we ask that when they come up and make their presentation, 92 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Vice Chair Rodriguez: Well, because it was from staff. Chair Taylor: Oh, okay, Vice Chair Rodriguez: It was from staff so that's why, so there was and I don't know if I'm right or wrong but, I, I, saw a discrepancy, The Auburn Group shows subsidies of 1.4 million and 2.25 million and if I'm looking at their presentation, it calls for subsidies of 1.75 million and 2.25 million. Ms. Brooks: If you look at the urn, one of the subsidies and I hesitate to call it a subsidy is they are requesting that we invest a certain amount of money into community land trust units. Vice Chair ROdriguez: Right. Ms. Brooks: In other words we buy them or put a subsidy into them and the math that they had in their proposal was incorrect. I think it was urn so many units per so much subsidy per unit so I used the correct math, Vice Chair Rodriguez: You corrected their proposal? Ms. Brooks: Yeah, no, no I didn't correct their proposal. I corrected their math that's all. They, their math was incorrect on that and they could, they could probably talk about that but, they're, urn, I don't really know if you want to call buying or creating land trust units which remain under the ownership of, urn, a land trust in perpetuity a subSidy per say because you're actually your getting an asset. It's just like when you buy a property you put the money out but you book it as an asset on your books, SO I don't necessarily look at that as a subSidy but I put it in there because that's what they put in there, Vice Chair Rodriguez: Right, so, urn, the other question is it talks aboutl urn, in the event HOME and/or SHIP are not awarded and a proposed CWHIP application is not funded and there's an additional subSidy that may be required. Ms. Brooks: Yes. Vice Chair ROdriguez: Did you take that into consideration on this. Ms. Brooks: Well, I think everybody had certain subsidies that have to be applied for and are competitive. Urn they most likely everyone is applying for CWHIP which is the, urn, in the rental cases, they are probably going to be applying fori uh, low income housing tax credits so this is a proposal. All of these are proposals and they can get into more detail of how they see it playing out. 93 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Vice Chair Rodriguez: Did alii did all of the proposals have that contingency of an additional allotment if the CWHIP application was not funded, Ms. Bright: I could speak, Let mel I can speak to that. I was at the rule committee meeting at CWHIP in Orlando a couple of weeks ago, This particular projectl regardless of the individual, uhl individual group that you select is poised from the work that the eRA board and eRA staff didl uml in lobbying in Palm Beach County Days. This particular project and one other site we've worked with the Gulfstream Mall site down there, so both of these sites are poised in terms of the eRA being a supportive partner in whoever the entity is who is selectedl so meaning we have to partner with them in termsl for them to get their CWHIP money. Vice Chair Rodriguez: I know, but they're saying if they don't get it, then they're going to request it of youl the us, the CRA, Ms. Brooks: These are all of thel uml proposals your gonna see tonight are affordable and although there is a land write down assumed in two of the proposals, uml it would not surprise me because of the cost construction, If you're familiar with how you build low income housing or affordable housingl the cost of construction alonel even if the land is very cheapl is still in excess of what the revenue will provide so there's usually subsidy andl but there is a lot of sources of subsidy and all three of these proposers are I would say very proficient in getting subsidy and theYI if they're notl none of them are gonna count on once source of subsidy and I'm sure that they will make that clear in their presentations to you, 1 feel very comfortable that anyone of these people can take this project and run with it. Urn, it was 1 think a wonderful response that we got three veryl urn, experienced groups and I think that speaks to the RFPI the quality of the RFP, the quality of the site, the fact of the matter of having that much acreage, uhl assembled in an, urn" inner city area urban areal close to all kinds of major roadwaysl highways, transportation systems so I feel very confident in the ability, and if you look at the proposals, everyl uh, all three of them have extensive experience in getting subSidy for affordable housing, Vice Chair Rodriguez: The, the other question I have is on the RFP that I read through it talks about five individuals providing reviewing and I guess the CRA board or CRA member was going to be a fifth and I don't see that. Ms. Brooks: No, they were just going to serve at large. They were not actually scoring andl in facti there were only five independent committee members that were doing the ranking and we, one of them didn'tl didn't give us a response so only four people did give us their ranking, Henderson Tillman was at largel just serving at large, That means you don't vote, If your, you know familiar with that. Vice Chair Rodriguez: Who didn't you get responses from? 94 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Brooks: Uhl we had Wade King wasl was one of the people who did not return their scoring sheet to us. I was unable to get a hold of him. Everyone else of the flVe- member committee, um, returned their responses and I believe in your packet you have the list of the independent, urn, committee. Vice Chair Rodriguez: Wade King is not thel what is his profession? Vivian Brooks: He is a, urn, property owner in the Heart of Boynton. Vice Chair Rodriguez: Thank you. Chair Taylor: We've had a request for a five-minute recess before we start the presentations. Patrick Law: If we couldl if I might beg your attention, My presentation is only going to take about two minutes. Chair Taylor: Two minutes. Mr. Law: Yeah. Chair Taylor: Okay. Mr. Law: This way I canleave and go home. Chair Taylor: Go ahead. Board Member McCray: Right, right sir, but, uh, Mr, Chair before he starts his presentation I wanted to do it, a disclosure that is that I did not talk to any of these developers. Thank you. I did not. Thank you. Chair Taylor: I didn't either. Board Member McKoy: Uhl I did have a conversation with Auburn. Chair Taylor: I didn't talk to any of them. Yes sirl go ahead. Attorney Cherof: Are there any other disclosures? Excuse me. Are there any other disclosures by board members? Vice Chair Rodriguez: I had a meeting with Auburn also. 95 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member Weiland: I had a meeting with Auburn Group but not with Ocean Breeze, It was concerning, uhl Boynton Bay Apartments about the possibility of a downtown master plan, Chair Taylor: I've not met with any of them, SOl good evening. Mr. Law: Hil my name's Patrick Lawl I'm with American Realty. Mr. Mayor, Commissioners, normally I'd say it's a pleasure to be herel howeverl uhl it's been an interesting evening. I've just been handed a review of proposalsl which talks about experience and I see that contrary to the representations that we're all highly experienced I according to whoever reviewed these proposalsl we're about, uhl half as experienced as this Auburn outfit I'm hearing about. Happens that wel in the last ten years, were the most successful percentage wise people in obtaining ninety percent tax credits in this state, We also have gotten one every single year for the past ten years, Our financing is simple and it's not a subsidy, When we go to the governmentl we get a tax credit. Board Member McKoy: Excuse me. Can you hold up one moment for the clerk, Mr. Law: When we go to the government and we get a tax creditl that is not a subsidy. That's a deal with the government where some investors pay for the tax credit. The City doesn't pay. There's no $7M I'm gonna pay for this land, But give me back $4M. I was gonna pay you 4.2 million for the land and I don't need anything back from you, That's a net 4.2 millionl not $7M minus 4M for 3M and I see a proposal here and judging it somehow calls that a real subsidy, Ohl and because you are gonna keep thel somewhere in twenty or fifty years get this non-interest paying land grant thing back, you are counting that as though it wasn't really a cost to this City, It's a cost to this City. So you're getting a $3M proposal there. It's also on a piece of property that was an RFP for eight acres. I see all sorts of sizing out here. I will say this. Pinnacle, at leastl put some dollars in for the extra land that they would have to buy, 1 don't see that in the Auburn deal and I see a very strong indication when I see an RFP overlooked on a toss backl on a deal that failedl that there's not gonna be a new RFP and you're giving the same people we're competing withl I think we're wasting our time. Thank you, Good night. Chair Taylor: Okay, we'll take a five-minute recess, Mitchell Friedman: Weill uml Mr. Mayorl Mr. Mayor my presentation will only take one minute and then we can go and recess, Chair Taylor: And you are? 96 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Mr. Friedman: My name is Mitchell Friedman. I am principal owner of Pinnacle Housing Group. I'm listed number three on your agenda for presentations. Chair Taylor: Okay, Mr. Friedman: Uh, Mr. Mayor, or Chairman, members of the Board. After listening to your discussions this evening, uh, on a variety of matters, uh, in overlooking the scores that were given by the Selection Committee, and also hearing about the fact that there mayor may not have been contactsl and for the recordl I have had no contact with any of you, I'm sure that you realize that and that's because we followed the rules that you set out in your own procedure that there can't be any communications for any reasons except for people who were designated and that's staff. Based upon that, I'm respectfully asking you to accept our resignation from this process. Uh, we will not compete and we will move to, uh, not make a presentation this evening. Thank you very much and good luck. Chair Taylor: Thank you. Mr. Law: May I make one contact on disclosure. I never talked or met one of you before. And don't have a lobbyist walking in either, Board Member McCray: Thank you. Chair Taylor: We'll take a five minute recess. The board recessed at 9:43 p.m. The board reconvened at 9:54 p.m. Chair Taylor: We're going to call the meeting to order. I will recognize Commissioner Rodriguez, Vice Chair Rodriguez: Uh, obviously we've had urn, we've had I we've had some challenges here tonight and, urn, and legally, I, I don't know where we stand with this RFP process. It does sound like we've violated some of those terms which unknowingly we didl I would assume. And so I'm gonna defer to the attorney, the eRA attorney to see what our next step should be in this, in this RFP process. Attorney Cherof: We'll, I think it would be premature to conclude that you have violated any terms of the RFP. I just don't think, uml we have enough facts to make that kind of a determination so 1 wouldn't go there. But you havel urn, you were down to three proposers. One unequivocally withdrew. The other, by action, appeared to have withdrawn by leaving and making a short speech about it. Traditionally, when 97 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 you, when you go out for RFP and you're down to only one proposer, you usually reorganize and issue a new RFP and see if you could attract a wider field of participants in the process as the process is intended to bring you, uhl a number of alternative proposals to look at. Board Member Weiland: I have two questions. Uhl I'm not sure what we're, uhl discussing about what violations we mayor may not have, uh , violatedl uh, if that could be explained to me. Attorney Cherof: Sure. Board Member Weiland: And then I'll go to my second question, Attorney Cherof: One of the individuals that stood up made the comment that, uhl there had beenl uh, purportedly some violation of the no communication prohibition that is set forth in the RFP. I'll read that provision for you. It saidl it saysl "It is expected that through the no communications with parties other than those specifically noted herein and such communications will be exclusively for clarification regarding procedures and objectives. The eRA prohibits communications to or with any departmentl bureau or employee during the submission process. Communications with any parties for any purpose other than those expressly described herein may cause an individual or firm to be disqualified immediately from participating in the development solicitation," That's the clause that I think was invoked by the comment made at the microphone, Board Member Weiland: And how do you interpret that? Attorney Cherof: Well itsl it's a little bit cryptically worded but it does appear to be a non-communication directive that anybody who is intending to make a proposal channel all of their communications all of their requests for information, to the individuals who are designated in the RFP for responding, And those are staff members, Board Member Weiland: Thank you, Board Member McKoy: I have a question Mr. Mayor. Mr. Cherof you, uhl could youl the later part of the your interpretation of that I think you indicated that if there was a fault in the process then it should go backl go back out for RFP is that correct, Attorney Cherof: NOI what 1 was indicating was that ordinarily when you go out for an RFP and you don't get enough of a response so that you have proposals to compare, um, you start again. You issuel you request new, new proposals. Board Member McKoy: What's your recommendation? 98 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Attorney Cherof: Well, ultimately that's a policy decision. Board Member McKoy: What is your recommendation? Attorney Cherof: My recommendation would be go out for RFP's to reject all those made to-date and start again. Board Member McKoy: OkaYI Mr. Mayor. Chair Taylor: Yes. Board Member McKoy: I'd like to make a a motion to go back out for RFP and reject the one, uh, uh, developer that's before us, Board Member MCCray: Second, Board Member Weiland: Second, Chair Taylor: Yeah, I have a motion and a second. Any other discussion? Board Member Weiland: Yeahl I have discussion, I'd like to get to my second question, uh stated all along I'd like to see things moved forward, Uh, the Ocean Breeze project is something that we all know can get off the ground right away and show the community that something is happening. I need to know and I think I know, but I want to know for further clarification I, 100% understand what's going on, Uh, if we go back out for RFP, walk me through the process and timeframe of what it's gonna take to advertise it, wait for proposals, review proposals, get people back in here for meetings and how long are we gonna have to delay this project before we move forward? Ms. Bright: Four months. Board Member Weiland: Four months. Ms. Bright: It will take four months. Board Member Weiland: Four months before we can make a decision on who we're gonna pick. Ms. Bright: I would think so. It takes typically 30 days, urn 45, urn, then they bring it in, I mean you're looking I would think it would not be brought back to you before your November meeting, would be the earliest you could address it. 99 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member Weiland: And 1 don't mean to sound negative but you are saying you think, II I just don't want to say I think four months and it's seven months, Ms. Bright: Four months would be the minimum, Board Member Weiland: Okay. Uh I justl you knowl 1 mean we've had three people here tonight. We have the background on these peoplel uh, on all these proposals and uhl and it's a shame that we didn't get to listen to their presentations. Uhl I hate like heck to start over again because who suffers by this but the community. And we sit here nightl uhl meeting after meeting and state that we want to see things moved forward. We want to see things happen and we're, we're, it's been suggested that we delay the project all over again. Uhl I know there's a motion on the floor and a second andl uhl I would like to see this project move forward tonight. Board Member McCray: Chair. Board Member Weiland: That's my opinion, Board Member McCray: Chairman, Chair Taylo.r: Yes. Board Member McCray: Let me make comments because he keeps saying that you know the folks over there want to see something happen. Sure we want to see something happenl but we want to see it done decent and in order, We want it to be done proper. Right now it has not been done proper. I'm just saying we have lost faith in not only the eRA, as to what we've done. They lost faith also in this Commission. Let's show them that we are going back out and get it done and get right. I'm just saying you know, what is the urgency now? I don't have an urgency. I can wait. I'm not going anywhere. Chair Taylor: I have a motion and a second... Yeah, uhl Mr. Mayor, on an iteml I'm allowed to talk on this, Chair Taylor: Go ahead, Herb Suss: Ya knowl we're gonna go down a road again and we better be very careful, especially what's happened here tonight. Very careful. And I believe in a code of ethics for a eRA Board, a Commission I that's the way I feel about it. Howeverl two good companies walked out tonight. Two good companies walked out tonight. I don't want to seel with all due respect Commissioner Weiland, I want to see an orderlYI because you're gonna have to answer to the citizens, You're gonna have to answer to 100 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 the citizens, and that's me too. You have to go outl if it's another four months, I don't want to railroad or uh, urn, and I don't mean it the way it sounds, okay? We have got to open this up so that this is fair and not have this CRA Board be criticized, because you're gonna open yourselves up for criticism, I know you can take it, but that's not the point. The point is, we have to. It's another four months, but you'll owe the citizens. Two fine companies walked out, and you have to open this up to an RFP. To do anything else, to do anything else, you're gonna open yourself to a storm of criticism and, let me tell you, you willi and, and I'll be part of that because this has gotta be opened up fair and square and go back to square one. We waited all this long. You guys have wasted four years. The previous Commission, the CRA Board, whatever it was. Four years down the drain. Well, what's another four or five months to do this thing properly. Let's do it properly, okay? Do it properly, You answer to me as a citizen, Let's do it properly. Board Member Weiland: Let, let me just respond to that real quick. We're going to open ourselves up to criticism on a lot of issues that we vote on, regardless of whether it's tonight or four months, or this topic, this issue or another issue and, and you know that as well as anybody else. I mean, if the person on the other side of the table doesn't like our vote, we're, we're the bad guys because we didn't do this or we didn't do that. II I'm just stating, and, and, what you say is not fair, it was fair tonight. There was three parties here and it was their choice to walk out. Now I'm, I'm sittin' here tonight, I can vote either way and, and live, I, I'm forced to live with the majority of the Commission's, uh, Board's decision but the fact of the matter is we have a reputable company that can do the job, in my opinion. Herb Suss: I'm not arguing about the reputable, about that company, okay? In what, in lieu of what's happened here tonight, you know what happened here tonight-- Board Member Weiland: So why do we subject-- Herb Suss: So, what-- Board Member Weiland: ...a negative to the company that's still. Herb Suss: Well, because we should open this up for an RFP to be fair to other, maybe these companies want to come back. I'm not, this company could be a fine company. They probably are, Butl you've got to open this up because, and get in touchl and maybe those two companies will come in because you're gonna open yourself up tOI rather than open yourself up to criticism to stall It for another four or five months to get the right people in, okay? Thank you. Board Member McKoy: Mr. Mayor, could you call the question, please. 101 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Chair Taylor: Let'sl Let's... Buck Buchanan: Could I, could I, could I speakl please, Chair Taylor: Yesl go ahead. Buck Buchanan, 807 Ocean Inlet Drivel uml I was one of the uh reviewers of the proposals, Andl uhl not only did I not talk to anybodYI most of these people I've not even seen before tonight. Uh, so I've not been influenced in any way, Uhl I had uhl I was a Special Agentl Special Agent Supervisor for the Florida Department of Law Enforcement for 28 years. Alsol I have an engineering and business background, Uh I spent a lot of time over those proposals, Uhl Auburn was head and shoulders above the other two. I suspect the other two walked out because they saw the scoresl and that a rational body would probably go with the fourl with the scores of four independent reviewers. However, that being said, and I believe from everything I sawl if Auburn were to be in another competition for the Heart of Boynton and they performed the same way they did on thisl that they'd probably win that competition too. But all that being said, urn, I believe the best thing to do, even though it would take more time, and it's not a matter ofl it's just a matter or perception and credibility, I believe that you need to go back for F, RFP on thisl and I believe Auburn will win again, Uh, but I believe, and I know it's a four-month delaYI and I don't like to see it eitherl hell I at my age, I don't green bananasl but, so I don't want a four-month delay, But I do believe that just for those reasons, perceptionl credibility, it needs to go back outl even thoughl if the otherl if the other two had stayed in the rooml I firmly believe that you would have voted Auburn in but, but the game's changed with all that's happened here tonight. Alsol uml and once againl 1 don't like to see delays but I also think because of thatl uhl I agree with Kurt Bressner's recommendation that on the Heart of Boyntonl go out for another RFP, I believe that Auburnl if they perform on thatl the same way they performed on what I reviewed, that they'll win that RFP also, Andl of course, there's always gonna be weeping willie and gnashing of teeth, Chair Taylor: We already voted on that one, Mr. Buchanan: I knowl I knowl but anywaYI uhl I just think that these perception matters really are important. Thank you, Chair Taylor: Thank you. Mr. Buchanan: Thank you, Chair Taylor: Mr, Hinners, 102 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Tom Hinners, resident of Delray Beachl representing Auburn Group, urn, when we scheduled the meetings with three Commissioners, we did not, uh, intend to talk about Ocean Breeze. We talked, we were talking about Boynton Bay and aboutl uh, uh the City Hall proposal, and, uhf but in one of those meetings, we were asked questions about Ocean Breeze and problems that uh, we're seeing in our application, and uh, so, I mean, if technically, the RFP uh, terms were violated, uh, then we would uh, I mean our reputation's important to us. We'd like to withdraw from this and uh, submit for a new RFP. Chair Taylor: Thank you. Mr. Hinners: Thank you. Chair Taylor: I have a motion and a second to uh-- Man in audience: I have a question, I have a question, Chair Taylor: --go back out for RFP, I'll call the question. Oh, I'm sorry, go ahead, I'm Chris Plummer, representing R.M, Lee CDC, 900 N. Seacrest Boulevard. I just have a question for the attorney in terms of what he read did not state exactly when the, and I call it the cone of silence, urn, would uh, and whether it was after submission or prior to submission if that could be clarified for future reference. Attorney Cherof: Well, as I indicatedl II you know, 1 read the language and I thought it was a little bit cryptic. I didn't draft it. You know, the author may know better what they intended by it, but it's general in nature and it's consistent with urn language in other agreements of other RFPs of this nature that, uml I wouldn't use the word cone of silence but it channels communications inquirers through a particular source so that there could be a record of those, Mr. Plummer: And up to what pointl urn, in the process? Attorney Cherof: Uh, it says during the submission process. Chris Plummer: And does that include the review process? Attorney Cherof: Well, they haven't even made their presentations yet tonight, so I think it would include all the way up through the presentations, I think the intent is to be able to capture what is occurring that is not occurring publicly. Mr. Plummer: Okay. 103 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Attorney Cherat: So if the communications occurred outside of the pUblic venue, then I think it's covered by that prohibition. Mr. Plummer: Okay, And would it also cover the fact that this was the first meetingl what is the relevance of the firstl this is the first meeting of the eRA Board, Does that. . . Attorney Cherat: I don't think that makes any difference, Chris Plummer: Any difference. Okay. Thank you, Chair Mayor: OkaYI I have a motion and a second, All in favor? Chair Taylor, Vice Chair Rodriguez, Board Members Weiland, McKoy, MCCray: Aye, Chair Taylor: All opposed, Chair Taylor: Show the motion is unanimous, Chair Taylor: OkaYI uml this takes us to Comment... ohl there was an item E? Board Member McCray: Yes sir, Vice Chair Rodriguez: Where are we? Board Member McKoy: Where are we? I'm sorry, Where are we now? Chair Taylor: Under Old Businessl item E, I didn't... Board Member McCray: E. Chair Taylor: Right. Board Member MCCray: Right, right. I had it added, Chair Taylor: Yeah, Board Member McCray: Oh, okaYI I just need to uh, highlight some things for the record. This came to us July 15, 2005 and it was put out in the Palm Beach Post by Eric Sivenches (sic) and Luis Paraz, staff writersl in regards to the property that was purchased bYI that was sold just by Mr. Larry Finkelstein and it says that, Finkelstein said Thursday he was making a deal in the property but he could not discuss it. That 104 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 was one. Then it gets very interesting and it says, while Finkelstein was Chairman of the CRAI the Agency endorsed a Heart of Boynton Redevelopment Plan which proposed removing the Boynton Terrace Apartments. Finkelstein left the CRA in June 2004. Finkelstein said in his resignation letter that he hoped to work on development projects in Boynton Beach in the future and wanted to avoid any possible or perceived conflicts of interest. Mayor Jerry Taylor said he welcomed Finkelstein involvement and doesn't see any conflicts of interest with the proposed project. He never got into that Boynton Terrace thing until after he was, uh, off the board, Taylor said. The staff concluded by saying one thing is clear. Taylor is a fan of Finkelstein's efforts. I'm just saying, I just wanted to put this in for the record I uh, that came from this July 2005 of the Palm Beach Post. I'm just saying, since we say that we purchase some much of the property for $7M, and I'm just saying that some people said that it was done unfair and that if we charge it to the CRA but these are comments that was made. I was at that meeting and I just wanted it to be read for the minutes, that's all, for the record. Thank you. Chair Taylor: Okay, this takes us to Comments by Staff. Ms. Brooks: I just wanted to ask, urn, we have one property closing that's, urn, still has not closed but it's ready to close, I believe, on July 27th Mike? Urn, this is the property that would, uh, complete uh a parking area that we were putting together for the Old High School. That was one of the problems with the Old High School. There's no parking with it. Absolutely none, Uml and the closing is scheduled for July 27th and everything's ready to go with the prior attorneYI and I just need direction whether we just close with Lewis Longman and just keep it there. The title work's done. Everything's ready to go. I just need direction on that. Vice Chair Rodriguez: The project that was approved by the previous board, you're saying? Ms. Brooks: Excuse me? Ms. Bright: Yes, that is correct. It's just the closing date was July 27thl so we were just wondering if it's okay to use that counselor you want to us transfer... Ms. Brooks: Just to finish up. Vice Chair Rodriguez: Oh, Oh, gotcha, I'm Okay with finishing out with the existing... Board Member McCray: What, what iSI what are we paying for that property, I'm just saying, Because it seems like when we buy anything, now they're saying we pay just too, too much. I'm just saying, we're sitting up here now. 105 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: It's the Jones property. We can e-mail you tomorrow. I just don't know-- Board Member McCray: Thank you, Okay. Ms. Bright: Somebody e-mailed-- Ms. Brooks: It was a single-family home, 265 and, uhl plus we paid her urn relocation fee. She'sl uml 801 84 years old, She's lived there sincel yeahl correct, Chair Taylor: Yeah, Vice Chair Rodriguez: This is where? In front of the high school? Ms. Bright: No. It's the last corner lot right across from the Police Department Ms. Brooks: Northeast First and right across from the-- Ms. Bright: Parking, Ms. Brooks: Parking, Police Parking area and it's a little old cottage that looks like nobody lives in it, urn. Vice Chair Rodriguez: On, on First? Ms. Brooks: Yeahl Vice Chair Rodriguez: Where the tin roof that's resting? Ms. Brooks: Yes. She's lived there since 1946, Vice Chair Rodriguez: And that's gonna be parking for the Old High School? Ms. Bright: It's part of our downtown parking, Ms. Brooks: Downtown parking placel yeahl because there's no parking with the high school, Vice Chair Rodriguez: That's not close to the high school. Ms. Brooks: We only got the footprints of the high school. I don't know if you realize that. When it came to the eRA, it was just a footprint. There's no parking. So anybody wanting to look at it for future use would be very hard pressed to put anything there with no parking, 106 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Vice Chair Rodriguez: So, is thatl it's gonna be scheduled for demo, is that what you're saying? Ms. Brooks: I, we're not sure. We think we might want to save it because it's one of the original-- Vice Chair Rodriguez: Was, was it a parking lot or not? Ms. Brooks: NOI no. Ms. Bright: She's got the relocation opportunity, We've got to find her some housing. It's not gonna immediately be moved, Ms. Brooks: Yeah, she's gonna stay there because-- Chair Taylor: She can do it under.., Ms. Brooks: Because she1s got to find, because she's got to find a place for herself. She's elderly and she's looking for something that might have a little assistance for her. Vice Chair Rodriguez: CoincidentallYI that's one of the houses that I, I'm very unhappy with thel uh, the exterior look. Ms. Brooks: Yes, uh, we know, and her family is very happy that we made this deal with her because they've been trying to get her to move out for some time, Chair Taylor: Is the board in favor of moving forward tonight? That1s what they're asking: Are we in favor of moving forward with that? Vice Chair Rodriguez: Yes. Chair Taylor: The closing-- Ms. Bright: OkaYI so Lewis Longman will do that closing for us. Chair Taylor: Yesl you have board approval. Ms. Bright: Okay, great. Thank you. Chair Taylor: Anything else from staff? Good evening. Kathy Biscuiti: Kathy Biscuiti, Special Events Manager. In front of you, you have a flyer for our upcoming event, the Marina Summer Fest, August 4th, it's from 1 :00 p.m. 107 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 until 8:00 p.m. It's a Saturday, U, our idea was to partner with Two Georgesl who does a yearly golfl oh golfl fishing tournament, fishing tournamentl and uml in the past they've had 40 or more boats, The whole place is loaded with peoplel so we are closing down the entire parking area. We have, uhl an art show coming inl we have continuous entertainmentl Junkanoo Dancersl all in the parking lot and across the streetl at Ocean Plaza, all of the merchants are going to be involved. We're gonna close that parking lot as well, have entertainment over there, We're gonna have the trolleys running up and down Ocean Avenue for the entire day, connecting people to the marinal from the marina area down to the Schoolhouse Children's Museum where the Schoolhouse Children's Museum is going to have all kinds of family activities I we're going to close the street right there in front of the Museum, the Boynton Beach Police Department is doing their National Night Out, which is a safety expol they bring in tons and tons of families, They do the uml the ID cards for all the kidsl they have 300 backpacks they give awaYI there will be a bounce housel uh rock-climbing wall, all of thatl so that's a whole day of family activities for the entire Ocean Avenue from Seacrest to the marina so we want everyone to come out. Uh, and we're also going to have the urn awards ceremony for the fishing tournament at about four o'clock that afternoon so, from what I understandl it's a very well-attended eventl everyone comes out, they want to see the fish weigh in and uh, and then uh, we'll have entertainment going on after thatl all the way to eight o'clock so it'll be a great day. Board Member McCray: Right, are we paid for that? Ms. Biscuiti: Yes, Board Member McCray: Can somebody get me tickets for the cost please. Ms. Biscuiti: Absolutely. Board Member McCray: Thank you, Vice Chair Rodriguez: Is the CRA sponsoring a boat this year? Ms. Biscuiti: No, we haven't bought one on a credit card? Vice Chair Rodriguez: Are they sponsoring a fishing boat? Margee Adelsperger: Good evening: I'd, I'd just like to add one more item, Vice Chair Rodriguez: I'm sorry, Margee Adelsperger: Good evening Chairl board, Margee Adelspergerl Marketing Director. Uh, at the end of the event on Saturday night at eight o'clockl we're gonna be 108 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 announcing the name of the new marina, and we're currently a contest on the website, uh, asking the community to submit their entries, so 1 ask your help in making that selection, Urn, in order to avoid any conflict of interest, all, uh, eRA board members and CRA staff are exempt from submitting any entries, and then also-- Vice Chair Rodriguez: Go ahead and tell 'em. Ms. Adelsperger: Why don't you tell them. Vice Chair Rodriguez: I got rejected. 1 submitted al a name and I was told eh. Ms. Adelsperger: It prompted to an interesting, urn, conversation and then also, to ensure impartiality, we are going to partner with one of our banking partners and make sure they keep the ballots safe until the night of, and then the Chair, Executive Director, will announce the winner. Board Member McCray: Not, not onlYI is the eRA board members exempt, the Commission is exempt as well, okay? Thank you. Ms. Adelsperger: All right. Ms. Adelsperger: And then, lastly.., Chair Taylor: The eRA Board is uh.. Board Member McCray: No, I know, I want it for the record. Chair Taylor: NOI I'm just saying, the eRA Board is notl not eligible to submit, right. Ms. Adelsperger: Correct. That's correct, Chair Taylor: How about, what about family members? How far do you go with this? Family members of staff or the board? Ms. Adelsperger: That'd, uh-- Board Member McCray: We need the rules. Chair Taylor: Could be, ya knowl that could be a conflict, I guess. If we arel and 1 don't nowl where do you want to go with it? I'm just askin' in case it comes up. Vice Chair Rodriguez: I was actually, I was actually gonna have my son submit mine but then I read it said you had to be 18 SOl so I didn't do it. 109 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Adelsperger: Weill for the record I we're asking that the board and the staff not get involved, uh like I said, we will have... Ms. Bright: It might be easiest if no family members Ms. Adelsperger: --one of our, yeah, Chair Taylor: I think so. I think you need to go... Ms. Bright: Okay, Chair Taylor: --there, if that's the easel ya know, cause' to save the thingl yeah, Mr. Bright: Okay, Vice Chair Rodriguez: We're not gonna name it Taylor Marina. Ms. Bright: Right, Ms. Adelsperger: No first cousins, second cousins... Chair Taylor: I'm sure you're notl I didn't want the, that. Ms. Adelsperger: And then, just so you knowl we will be doing a direct mail piece. You were given copies of this, going out this week to 8,000 residents inviting them to join us on July 21st for the Downtown Master Plan Visioning so I just want to let you know that. Chair Taylor: Okay Ms. Adelsperger: Thank you, Chair Taylor: Comments by the Executive Director. Ms. Bright: I don't have any thank you, Board Member McKoy: You sure? Chair Taylor: Comments by the eRA Board Attorney. Attorney Cherof: No sir. Chair Taylor: Comments by the CRA Board, 110 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McKoy: Mr. Mayor, if I may. Chair Taylor: II I'd just like to say that I think that this, this urn, this board made the right decision in sending this, uh the last item out, the Ocean Breeze item, back out for another RFP. Thank you, Board Member Weiland: Yes/ Mr. Mayor, I'd like to just get some clarification. In the past week or so, I read some e-mails that were cc'd to myself, I guess conversation between uh Commissioner, er, Vice Mayor Rodriguez as well as the Executive Director, I just need to know uh, where we're supposed to go because as a Commissioner, ah, you know we ask questions of staff and, uh, we don't direct staff to do anything but we can get informational items from a staff member uml what is it going to be our protocol for ah obtaining information from the eRA and does it have to be done at board meetings or can we you know, make a phone call or stop by the CRA office or how are we gonna handle that? Vice Chair Rodriguez: Let me, can I, can I, Lisa, since it kinda was my issue. The, the, Vivian and I were exchanging, and I originallYI I, 1 originally, originally, it was actually Lisa and I exchanging e-mails about the Old High School and, and I had thrown out the award about doing a, urn, letter of intent, just asking about what they thought of that issue and so, Lisa thought that maybe there was an inappropriate discussion and that it should be broad-based amongst the entire board and so I e-mailed her back, stating to her that I need to understand what the protocol was because typically, as Commissioners, we are allowed to reach out to City staff and ask questions, get items, as long as don't direct them to do anything or make decisions and, and once we get the information, we'll go to the City Manager and say hey, ya know, here's what we wanna do or we'll bring it to the board and make a motion at the board, so, obviously we'd like to be able to use that same protocol or something similar. Ms. Bright: Weill I'd like to remind, urn, the public, most importantly, and there are three, urn, eRA board members tonight, and McKoy, McCray and Taylor, who selVed as a City Commission last year when I was in the Interim Director phase and we had urn, staffl board serious problems, physically threatened, having to call 911 and whatever, so I'd like to just give background that the public paid $32,000 for an organizational audit that created the documents called the Rules of Governance and the Rules of Governance, in terms of, urn, please hand them out. I sent those to you in the legal matters and we created a process and the City Commission gave us six months quite candidly to get our act together, and we followed those protocols. I don't have a prOblem with a board member who's looking for information but I've gotta be, I've gotta be copied on it. What happened was we have seven board members calling staff doing direction and I think this really actually could be addressed directly to urn Vice Chair Rodriguez. He's made it very clear to the public he's not been happy with the CRA board's accomplishments and the kind of stuff he's looking for. We are a very 111 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 small staffl so having five different members calling for five different things was not the goal. So the goal was all the communications through the agency went through me, My responsibility to get that to you or to address it and then, like I said, the items werel that what you guys help set agency priorities and workflow like you did tonight with the Old High School. You guys all told me where that was a priority, what was that and get those letters of intent out. That's the kind of direction I need to make sure it's executed. So bottom line, unless you want to change the Rules of Governancel I still think we should follow the protocol that we, we set. Vice Chair Rodriguez: 501 are you sayingl and I'm okay with, I don't care what it iSI as long as we were able to do it. You're saying the dollar request should come through you, Mr. Bright: Correct, Vice Chair Rodriguez: Okay, Thank you. Mr. Bright: Okay? Board Member Weiland: One more quick question, Ms. Bright: Certainly, Board Member Weiland: I have a memo when my book was delivered to return it. Can I leave it here or do I need to-- Ms. Bright: You just leavel we'll take it and we'll clean it up. Board Member Weiland: Okay, Chair Taylor: And I had that question too, My only question wasl as far as the communication and I'ml I've pretty much tried to do that and the same way I go with the City Manager, 1 don't usually go to staff people asking for things unless I've told the City Manager that I'm gonna do that. Also with youl if I want information from therel I think it should go through you, However, things like uhl simple things like uhl I think I've talked with Margee about being at a press conference or somethingl uhl you know shel she does it through the Blackberryl said you know they've scheduled thisl can you make itl and I respond yes you know. Ms. Bright: Andl and... Chair Taylor: I'm assuming you see those anyway, 112 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: She copies me, Chair Taylor: Right, so... Ms. Bright: Staff copies me on everything and so,.. Chair Taylor: So so, you see that stuff anyway, right? Ms. Bright: --based upon my level of need to be involved... Chair Taylor: Right, so I'm not skirtin' youl I'm assuming you see those kind of communications. Ms. Bright: Right. Chair Taylor: Okay. Chair Taylor: All right, anything elsel uh. Board Member McKoy: Just one other minor comment. You've got my last name spelled two different ways. The correct spelling is McKoy. Ms. Bright: Okay. Board Member McKoy: Thank you, Ms. Bright: The one thing 1 do wanna ask this board, as part of that outcome of the organizational audit, we had what was called New Board Member Orientation and we sent you those ridiculous documents, one to be your library so if you are calling for staff and you know, say you need something on a planning and you talk to Vivian or Mike or whateverl depending on if you had that. But what we did do is we set down as a protocol with the CRA Attorney and the eRA Senior Department Heads explaining how we work so we are very available to any of you that want to sit down and do that with us and will orientate Mr, Cherof to the new way we're doing it compared to when he used to be the eRA Attorney. So that was all. So we're available if you guys want to over anYI anything about the operation itself. Chair Taylor: In closing, I'd just like to say uhl I want to extend to the staff our appreciation for your, uhf assistance during this transition, I think you all do a great job and I think it's helped, uhl you know I think we're, we're gonna go ahead and forwardl move forward uh from this point and uh, just make things happen in the City like you dOl you're all professionals. You work very hard and 1 appreciate the cooperation you've given us in this turnover. Thank you, 113 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Vice Chair Rodriguez: Hearl hear. Chair Taylor: Okay. Board Member McCray: I'm ready to go home, Chair Taylor: We're adjourned, (The meeting adjourned at 10:25 p.rn.) This was transcribed from one recording, ~Dc' Stepnanie D, Kahn Recording Secretary 114 Catherine C rry-Guberman Recording Secretary 30YNTON"~ [)A:< 31: A C"H C["\t, " East Side-West Side-Seaside Renaissance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August 14,2007 AGENDA ITEM: x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the eRA Board representing the General Fund revenues and expenses for the month ending July 31, 2007. All departmental budgets are in conformity with the exception of Marina income and expenses (both income and expenses higher than budgeted). Net YTD Marina income is a positive $84,817. FISCAL IMPACT: None RECOMMENDA TIONS: Approve July financials. w#~ Susan Harris Interim Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 08 14 CRA Board Meeting - August\Monthly Financial Report.doc 7-22-2007 O~ PM 01 -GENERAL FUND FINANCIAL SUMMARY REVENUE SUMMARY T. 1. F . INCOME MARINA RENT & GRANT INC MARKETING INCOME FESTIVALS & EVENT INCOME INVESTMENT INCOME CONTRIBUTIONS & DONATION MISCELLANEOUS OTHER FINANCING SOURCES TOTAL REVENUES EXPENDITURE SUMMARY LEGISLATIVE ADMINISTRATIVE AUDITOR FINANCE INSURANCES PROFESSIONAL SERVICES PLANNING BUILDINGS & PROPERTY MARINA COMMUNICATIONS & TECHNOLO SOFTWARE & TECHNOLOGY CONTINGENCY POLICE TRANSPORTATION INCENTIVES & GRANTS MARKETING SPECIAL EVENTS SIGNAGE PROGRAM HEART OF BOYNTON DEVELOPMENT PROJECTS EMPLOYEE BEBEFITS DEBT SERVICE TRANSFER OUT TOTAL EXPENDITURES REVENUES OVER/(UNDER) EXPENDITURES BOYNTON \CH CRA REVENUE & EXPENDlTU. -J REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 ORIGINAL BUDGET 9,000,000 620,000 10,000 2,000 180,000 1, 000 o o 9,813,000 AMENDED BUDGET 9,000,000 826,000 10,000 2,000 180,000 1,000 o o 10,019,000 MONTHLY ACTIVITY 0.00 85,405.34 0.00 0.00 0.00 0.00 80.47 0.00 85,485.81 YEAR-TO-DATE BALANCE 9,292,498.65 710,020.42 600.00 14,461.60 366,069.02 0.00 1,128.22 0.00 10,384,777.91 PAGE 1 292,498.65) 115,979.58 9,400.00 12,461.60) 186,069.02) 1,000.00 1,128.22) 0.00 365,777.91) % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 2,941.29 0.00 0.00 1,000.00 0.00 99,800.00 1,800.00 111,952.32 3,758.13 6,372.93 3,540.00 0.00 0.00 182,830.78 0.00 38,734.19 5,939.00 12,026.00 0.00 211,867.68 570.00 0.00 0.00 683,132.32 13 , 022 .72 62,067.90 145.38 17,992.77 312.03 132,726.82 119,148.28 24,570.72 314,961.03) 32,936.24 4,627.43 367,176.00 17,784.80 12,978.00 281,891. 50 26,059.55 47,943.47 124.00 119,708.55 3,072,673.35 31,248.49 2,019,644.93 0.00 9,813,000 ------------ ------------ ------------- ------------- ------------- ------------- ------------ ------------ ------------- ------------- ------------- ------------- 6,089,821.90 3.25- 14.04 94.00 623.08- 103.37- 100.00 0.00 0.00 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- 3.65- 48,800 233,216 10,900 176,101 40,311 613,525 225,200 245,945 39,000 83,404 30,077 500,000 120,000 646,420 325,000 264,800 353,050 15,000 200,000 2,400,295 152,183 3,089,773 o 53,300 248,116 23,580 178,650 61,340 615,945 271,113 304,325 314,000 84,464 30,500 367,176 28,175 649,920 325,000 266,900 358,188 16,500 200,000 2,368,235 162,300 3,090,273 o 10,018,000 o 1,000 0.00 10,203.84 0.00 5,650.62 0.00 56,990.75 7,321.49 13,498.06 102,491. 51 2,717.59 125.00 0.00 0.00 43,765.00 15,000.00 14,943.48 27,624.97 800.00 0.00 15,216.92 10,084.60 0.00 0.00 326,433.83 37,335.99 186,048.10 23,434.62 159,657.23 61,027.97 383,418.18 150,164.34 167,801.96 625,202.90 45,154.83 22,332.57 0.00 10,390.20 454,111. 22 43,108.50 202,106.26 304,305.53 4,350.00 80,291. 45 916,306.03) 130,481.89 1,070,628.07 0.00 3,245,045.78 240,948.02) 7,139,732.13 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 24.43 25.02 0.62 10.07 0.51 21. 55 43.95 8.07 100.31- 38.99 15.17 100.00 63.12 2.00 86.74 9.76 13 .39 0.75 59.85 129.75 19.25 65.35 0.00 60.79 683,132.32) ( 6,455,599.81)5,559.98- 7-22-2007 03 PM 01 -GENERAL FUND REVENUES T.I.F.INCOME 01-41000 T.I.F. COLLECTIONS TOTAL T.I.F.INCOME MARINA RENT & GRANT INC 01-42100 TROLLY -FEDERAL & MPO GRANTS 01-42110 MARINA - COUNTY GRANT 01-42112 MORTGAGE REIMB. - COUNTY GRAN 01-42115 MARINA RENTS 01-42116 MISCELLANEOUS RENTS FRO PROPE 01-42117 MARINA FUEL SALES 01-42118 MARINA MISC INCOME 01-42120 MANGROVE LAND PURCHASE TOTAL MARINA RENT & GRANT INC MARKETING INCOME 01-43100 TROLLY MARKETING INCOME TOTAL MARKETING INCOME FESTIVALS & EVENT INCOME 01-44100 FESTIVAL & EVENT INCOME 01-44101 SHARED FESTIVAL INCOME-PIRATE 01-44102 SHARED FESTIVAL INC- MEDIEVAL 01-44103 SHARED FESTIVAL INC - HERITAG 01-44104 SHARED FESTIVAL INC-HOLIDAY F TOTAL FESTIVALS & EVENT INCOME INVESTMENT INCOME 01-46100 INTEREST INCOME TOTAL INVESTMENT INCOME CONTRIBUTIONS & DONATION 01-47100 CONTRIBUTIONS & DONATIONS TOTAL CONTRIBUTIONS & DONATION MISCELLANEOUS 01-48100 MISCELLANEOUS INCOME 01-48200 REFUND FROM PRIOR YEAR EXP TOTAL MISCELLANEOUS BOYNTON ~CH CRA REVENUE & EXPENDITD, -J REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 ORIGINAL BUDGET 9,000,000 9,000,000 o 500,000 o 120,000 o o o o 620,000 10,000 10,000 2,000 o o o o 2,000 180,000 180,000 1,000 1,000 AMENDED BUDGET 9,000,000.0 9,000,000 0.0 500,000.0 0.0 120,000.0 0.0 203,000.0 3,000.0 0.0 826,000 10,000.0 10,000 2,000.0 0.0 0.0 0.0 0.0 2,000 180,000.0 180,000 1,000.0 1,000 o o o 0.0 0.0 o MONTHLY ACTIVITY 0.00 0.00 0.00 0.00 0.00 12,604.21 600.00 72,201.13 0.00 0.00 85,405.34 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 80.47 0.00 80.47 YEAR-TO-DATE BALANCE 9,292,498.65 9,292,498.65 0.00 0.00 0.00 125,318.27 4,522.74 577,416.73 2,762.68 0.00 710,020.42 600.00 600.00 0.00 8,288.85 3,369.77 1,000.00 1,802.98 14,461.60 366,069.02 366,069.02 0.00 0.00 1,128.22 0.00 1,128.22 PAGE 2 % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 292,498.65) 292,498.65) 0.00 500,000.00 0.00 5,318.27) 4,522.74) 374,416.73) 237.32 0.00 115,979.58 9,400.00 9,400.00 2,000.00 8,288.85) 3,369.77) 1,000.00) 1,802.98) 12,461.60) 186,069.02) 186,069.02) 1,000.00 1,000.00 1,128.22) 0.00 1, 128.22) 3.25- 3.25- 0.00 100.00 0.00 4.43- 0.00 184.44- 7.91 0.00 14.04 94.00 94.00 100.00 0.00 0.00 0.00 0.00 623.08- 103.37- 103.37- 100.00 100.00 0.00 0.00 0.00 7-22-2007 O~ PM BOYNTON \CH CRA REVENUE & EXPENDITL,. J REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 PAGE 3 01 -GENERAL FUND REVENUES % OF ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING 0 0.0 0.00 0.00 0.00 0.00 0.00 0 0 0.00 0.00 0.00 0.00 0.00 OTHER FINANCING SOURCES 01-49100 OTHER FINANCING SOURCES TOTAL OTHER FINANCING SOURCES TOTAL REVENUES 9,813,000 10,019,000 85,485.81 10,384,777.91 0.00 365,777.91) 3.65- ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- 7-22-2007 03 PM BOYNTON CH CRA PAGE. 4 REVENUE & EXPENDlTU. REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 01 -GENERAL FUND LEGISLATIVE % 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 7,000 0.00 3,858.71 2,941.29 200.00 2.86 01-51010-203 MISCELLANEOUS 3,200 6,700 0.00 6,632.50 0.00 67.50 1. 01 01-51010-216 ADVERTISING & PUBLIC NOTI 1, 000 2,500 0.00 2,112.85 0.00 387.15 15.49 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 34,500 0.00 22,218.04 0.00 12,281.96 35.60 01-51010-227 DELIVERY SERVICES 2,000 2,000 0.00 1,914.63 0.00 85.37 4.27 TOTAL PURCHASED/CONTRACT SERV 48,200 52,700 0.00 36,736.73 2,941.29 13,021. 98 24.71 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 53,300 0.00 37,335.99 2,941.29 13,022.72 24.43 7-22-2007 03 ?M BOYNTON CH CRA PAGE: 5 REVENUE & EXPENDITUh REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 01 -GENERAL FUND ADMINISTRATIVE % 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 7,642.31 153,751.25 0.00 51,148.75 24.96 01-51230-115 CAR ALLOWANCE 4,030 4,030 155.00 3,060.90 0.00 969.10 24.05 TOTAL PERSONNEL SERVICES 199,030 208,930 7,797.31 156,812.15 0.00 52,117.85 24.95 PURCHASED/CONTRACT SERV 01-51230-200 CONTRACTUAL EXPENSE 500 600 583.00 583.00 0.00 17.00 2.83 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 16,500 713.06 15,405.75 0.00 1,094.25 6.63 01-51230-226 MEMBERSHIP DUES 4,870 5,270 630.00 5,064.15 0.00 205.85 3.91 01-51230-227 DELIVERY SERVICES 500 500 45.70 491.12 0.00 8.88 1. 78 01-51230-229 CAREER DEVELOPMENT 3,000 1,500 0.00 45.00 0.00 1,455.00 97.00 TOTAL PURCHASED/CONTRACT SERV 20,870 26,370 1,971.76 23,589.02 0.00 2,780.98 10.55 SUPPLIES 01-51230-300 OFFICE EXPENSE 1,000 1,000 0.00 718.74 0.00 281.26 28.13 01-51230-310 OFFICE SUPPLIES 7,500 7,500 419.03 4,159.76 0.00 3,340.24 44.54 01-51230-355 SUBSCRIPTIONS 1, 316 1,316 15.74 304.94 0.00 1, 011. 06 76.83 01-51230-360 BOOKS & PUBLICATIONS 1,000 1,000 0.00 463.49 0.00 536.51 53.65 01-51230-365 OFFICE PRINTING COSTS 2,500 2,000 0.00 0.00 0.00 2,000.00 100.00 TOTAL SUPPLIES 13,316 12,816 434.77 5,646.93 0.00 7,169.07 55.94 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 233,216 248,116 10,203.84 186,048.10 0.00 62,067.90 25.02 7-22-2007 03 PM 01 -GENERAL FUND AUDITOR DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET PURCHASED/CONTRACT SERV 01-51320-202 AUDITORS FEES 01-51320-227 DELIVERY SERVICES TOTAL PURCHASED/CONTRACT SERV 10,700 200 10,900 BOYNTON .CH CRA REVENUE & EXPENDITU. REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE 23,407.37 27.25 23,434.62 TOTAL ENCUMBERED 0.00 0.00 0.00 UNENCUMBERED BALANCE 0.63 144.75 145.38 PAGE 6 23,408 172 23,580 0.00 0.00 0.00 % OF BUDGET REMAINING 0.00 84.16 0.62 TOTAL AUDITOR 10,900 0.62 23,580 0.00 23,434.62 0.00 145.38 7-22-2007 O~ PM 01 -GENERAL FUND FINANCE DEPARTMENTAL EXPENDITURES PERSONNEL SERVICES 01-51325-100 PERSONNEL SERVICES 01-51325-115 CAR ALLOWENCE TOTAL PERSONNEL SERVICES PURCHASED/CONTRACT SERV 01-51325-200 CONTRACTUAL EXPENSE 01-51325-201 BANK FEES 01-51325-203 MISCELLANEOUS 01-51325-220 PROMO & BUSINESS TRAVEL 01-51325-225 ASSOC. MEETINGS & SEMINAR 01-51325-226 MEMBERSHIP DUES 01-51325-227 DELIVERY COSTS 01-51325-229 CAREER DEVELOPMENT TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-51325-300 OFFICE EXPENSE 01-51325-310 OFFICE SUPPLIES 01-51325-355 SUBSCRIPTIONS 01-51325-360 BOOKS & PUBLICATIONS 01-51325-365 OFFICE PRINTING COSTS TOTAL SUPPLIES CAPITAL OUTLAY 01-51325-400 EQUIPMENT COSTS TOTAL CAPITAL OUTLAY DEPRECIATION & AMORT 01-51325-610 DEPRECIATION TOTAL DEPRECIATION & AMORT TOTAL FINANCE ORIGINAL BUDGET 149,000 2,600 151,600 4,500 500 o o 8,200 1,300 361 3,000 17,861 1,500 3,000 o 100 1,040 5,640 1,000 1,000 176,101 BOYNTON \CH CRA REVENUE & EXPENDITL. J REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 AMENDED BUDGET 149,000 2,600 151,600 4,700 2,800 o o 8,200 1,300 361 2,800 20,161 1,500 3,000 o 100 1,289 5,889 1,000 L 000 o o 178,650 MONTHLY ACTIVITY 2,884.62 0.00 2,884.62 1,522.48 0.00 0.00 0.00 371. 70 170.00 103.60 0.00 2,167.78 387.07 211.15 0.00 0.00 0.00 598.22 0.00 0.00 o o 0.00 0.00 5,650.62 YEAR-TO-DATE BALANCE 137,634.41 1,700.00 139,334.41 3,660.26 2,527.33 0.00 0.00 8,132.83 170.00 253.74 0.00 14,744.16 1,388.54 2,802.87 0.00 73.49 1,263.80 5,528.70 49.96 49.96 0.00 0.00 159,657.23 TOTAL ENCUMBERED 0.00 0.00 0.00 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,000.00 UNENCUMBERED BALANCE 11,365.59 900.00 12,265.59 39.74 272.67 0.00 0.00 67.17 1,130.00 107.26 2,800.00 4,416.84 111. 46 197.13 0.00 26.51 25.20 360.30 950.04 950.04 0.00 0.00 17,992.77 PAGE 7 % OF BUDGET REMAINING 7.63 34.62 8.09 0.85 9.74 0.00 0.00 0.82 86.92 29.71 100.00 21. 91 7.43 6.57 0.00 26.51 1.96 6.12 95.00 95.00 0.00 0.00 10.07 7-22-2007 0: PM BOYNTON \CH CRA REVENUE & EXPENDITl,. ..J REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 PAGE 8 01 -GENERAL FUND INSURANCES DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE % OF TOTAL UNENCUMBERED BUDGET 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 50,029 0.00 50,029.00 0.00 0.00 0.00 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 61,340 0.00 61,027.97 0.00 312.03 0.51 TOTAL INSURANCES 40,311 61,340 0.00 61,027.97 0.00 312.03 0.51 7-22-2007 O~ PM BOYNTON \CH CRA REVENUE & EXPENDlTU. -J REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 PAGE 9 01 -GENERAL FUND PROFESSIONAL SERVICES DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING PURCHASED/CONTRACT SERV 01-51420-200 CONTRACTUAL EXPENSE 126,000 125,900 0.00 57,318.25 62,500.00 6,081.75 4.83 01-51420-201 CONTRACT LEGAL 350,000 350,000 49,411.40 250,855.58 0.00 99,144.42 28.33 01-51420-203 LOBBYING COSTS- FED & STA 80,000 80,000 7,500.00 45,000.00 15,000.00 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 52,520 79.35 30,199.35 22,300.00 20.65 0.04 TOTAL PURCHASED/CONTRACT SERV 613,525 615,945 56,990.75 383,418.18 99,800.00 132,726.82 21. 55 TOTAL PROFESSIONAL SERVICES 613,525 615,945 56,990.75 383,418.18 99,800.00 132,726.82 21.55 7-22-2007 03 PM 01 -GENERAL FUND PLANNING DEPARTMENTAL EXPENDITURES PERSONNEL SERVICES 01-51440-100 PERSONNEL SERVICES 01-51440-115 CAR ALLOWANCE TOTAL PERSONNEL SERVICES PURCHASED/CONTRACT SERV 01-51440-200 CONTRACTUAL EXPENSE 01-51440-203 MISCELLANEOUS 01-51440-216 ADVERTISING & PUBLIC NOTI 01-51440-220 PROMO & BUSINESS TRAVEL 01-51440-225 ASSOC. MEETINGS & SEMINAR 01-51440-226 MEMBERSHIP DUES 01-51440-227 DELIVERY SERVICES 01-51440-229 CAREER DEVELOPMENT TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-51440-300 OFFICE EXPENSE 01-51440-310 OFFICE SUPPLIES 01-51440-355 SUBSCRIPTIONS 01-51440-360 BOOKS & PUBLICATIONS 01-51440-365 OFFICE PRINTING COSTS TOTAL SUPPLIES CAPITAL OUTLAY 01-51440-400 EQUIPMENT COSTS TOTAL CAPITAL OUTLAY DEPRECIATION & AMORT 01-51440-610 DEPRECIATION TOTAL DEPRECIATION & AMORT TOTAL PLANNING ORIGINAL BUDGET 86,000 o 86,000 124,000 o 1, 000 o 3,800 900 500 1,500 131,700 3,000 1,200 200 300 2,500 7,200 225,200 BOYNTON CH CRA REVENUE & EXPENDITU, REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 300 300 AMENDED BUDGET 126,385 1,100 127,485 120,900 o 1,000 o 10,800 1,182 500 1,218 135,600 2,860 1,899 200 300 2,469 7,728 300 300 o o 271,113 MONTHLY ACTIVITY 6,307.69 100.00 6,407.69 0.00 0.00 0.00 0.00 92.05 0.00 279.00 0.00 371.05 280.89 261. 86 0.00 0.00 0.00 542.75 0.00 0.00 o o 0.00 0.00 7,321.49 YEAR-TO-DATE BALANCE 93,923.04 600.00 94,523.04 41,201.20 0.00 0.00 0.00 9,872.33 1,131.25 499.70 0.00 52,704.48 291. 87 1,708.99 0.00 95.00 640.97 2,736.83 199.99 199.99 0.00 0.00 150,164.34 TOTAL ENCUMBERED 0.00 0.00 0.00 1,800.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,800.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,800.00 UNENCUMBERED BALANCE 32,461.58 500.00 32,961.58 77,898.80 0.00 1,000.00 0.00 927.67 50.75 0.30 1,218.00 81,095.52 2,568.13 190.01 200.00 205.00 1,828.03 4,991.17 100.01 100.01 0.00 0.00 119,148.28 PAGE: o % OF BUDGET REMAINING 25.68 45.45 25.86 64.43 0.00 100.00 0.00 8.59 4.29 0.06 100.00 59.80 89.79 10.01 100.00 68.33 74.04 64.59 33.34 33.34 0.00 0.00 43.95 7-22-2007 03 ?M 01 -GENERAL FUND BUILDINGS & PROPERTY DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERV 01-51620-200 CONTRACTUAL EXPENSE 01-51620-205 RENTAL OF OFFICES 01-51620-206 MAINTENENCE & CLEANING 01-51620-207 OFFICE SPACE CHARGES 01-51620-208 EQUIPMENT LEASES 01-51620-209 PROPERTY MAINTENENCE COST 01-51620-228 BUILDING & DEMOLITION FEE TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-51620-315 POSTAGE COSTS 01-51620-325 ELECTRICITY COSTS 01-51620-326 WATER CHARGES TOTAL SUPPLIES CAPITAL OUTLAY 01-51620-400 EQUIPMENT COSTS TOTAL CAPITAL OUTLAY DEPRECIATION & AMORT 01-51620-600 DEPREACTION EXPENSE TOTAL DEPRECIATION & AMORT TOTAL BUILDINGS & PROPERTY ORIGINAL BUDGET 2,000 48,229 5,400 3,700 11,616 150,000 o 220,945 2,000 10,000 8,000 20,000 5,000 5,000 245,945 BOYNTON CH CRA REVENUE & EXPENDITm~ REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 AMENDED BUDGET 2,200 48,400 13,280 11,529 14,527 192,000 o 281,936 2,000 10,000 8,000 20,000 2,389 2,389 o o 304,325 MONTHLY ACTIVITY 250.00 4,000.00 690.00 41. 90 1,421.03 6,386.95 0.00 12,789.88 0.00 535.31 172.87 708.18 0.00 0.00 o o 0.00 0.00 13,498.06 YEAR-TO-DATE BALANCE 1,788.40 39,122.50 7,000.00 11,461. 70 11,926.71 87,792.77 0.00 159,092.08 1,060.96 4,068.55 2,583.02 7,712.53 997.35 997.35 0.00 0.00 167,801.96 TOTAL ENCUMBERED 401. 75 8,000.00 1,280.00 0.00 2,432.00 88,258.13 0.00 100,371.88 232.01 5,931.45 5,416.98 11,580.44 0.00 0.00 0.00 0.00 111,952.32 UNENCUMBERED BALANCE 9.85 1,277.50 5,000.00 67.30 168.29 15,949.10 0.00 22,472.04 707.03 0.00 0.00 707.03 1,391.65 1,391.65 24,570.72 0.00 0.00 PAGE: 1 % OF BUDGET REMAINING 0.45 2.64 37.65 0.58 1.16 8.31 0.00 7.97 35.35 0.00 0.00 3.54 58.25 58.25 0.00 0.00 8.07 7-22-2007 03 PM 01 -GENERAL FUND MARINA DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERV 01-51630-200 CONTRACTUAL 01-51630-206 MAINTENANCE 01-51630-209 PROPERTY MAINTENENCE 01-51630-241 MARINA FUEL MANAGEMENT 01-51630-242 MARINE FUEL STATION OVERH TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-51630-325 ELECTRIC COSTS 01-51630-326 WATER COSTS 01-51630-327 GASOLINE & DEISEL FUEL PU 01-51630-328 MARINA DIESEL SALES TAX TOTAL SUPPLIES CAPITAL OUTLAY 01-51630-400 EQUIPMENT COCTS TOTAL CAPITAL OUTLAY TOTAL MARINA ORIGINAL BUDGET 10,000 1,000 15,000 o o 26,000 6,000 2,000 o o 8,000 5,000 5,000 39,000 BOYNTON CH CRA REVENUE & EXPENDITUL REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 AMENDED BUDGET 9,200 11,000 25,000 40,000 10,000 95,200 8,800 2,000 200,000 3,000 213,800 5,000 5,000 314,000 MONTHLY ACTIVITY 0.00 0.00 3,049.00 9,658.33 4,137.09 16,844.42 1,798.41 167.53 82,012.97 1,668.18 85,647.09 0.00 0.00 102,491.51 YEAR-TO-DATE BALANCE 741.01 7,854.15 30,824.00 60,130.89 17,738.72 117,288.77 8,020.38 1,082.45 491,501.47 7,309.83 507,914.13 0.00 0.00 625,202.90 PAGE: .2 % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 0.00 1,525.00 0.00 0.00 1,525.00 1,315.58 917.55 0.00 0.00 2,233.13 0.00 0.00 3,758.13 8,458.99 3,145.85 7,349.00) 20,130.89) 7,738.72) 23,613.77) 535.96) 0.00 291,501.47) 4,309.83) 296,347.26) 5,000.00 5,000.00 314,961.03) 91.95 28.60 29.40- 50.33- 77.39- 24.80- 6.09- 0.00 145.75- 143.66- 138.61- 100.00 100.00 100.31- 7-22-2007 03 PM BOYNTON .CH CRA PAGE '.3 REVENUE & EXPENDITU. REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 01 -GENERAL FUND COMMUNICATIONS & TECHNOLO % 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 1,390 0.00 1,390.00 0.00 0.00 0.00 TOTAL PURCHASED/CONTRACT SERV 500 1,390 0.00 1,390.00 0.00 0.00 0.00 SUPPLIES 01-51650-330 TELEPHONE LINES 7,500 7,500 0.00 2,855.52 3,144.48 1,500.00 20.00 01-51650-335 T-1 COMMUNICATION LINE 1,500 1,500 0.00 913.66 586.34 0.00 0.00 01-51650-340 CELLULAR PHONES 3,504 7,111 702.59 5,068.54 2,042.11 0.35 0.00 01-51650-345 WEB SITE 25,400 25,400 2,015.00 25,400.00 0.00 0.00 0.00 01-51650-350 WI-FI ANNUAL COST 44,000 40,993 0.00 9,527.11 600.00 30,865.89 75.30 TOTAL SUPPLIES 81,904 82,504 2,717.59 43,764.83 6,372.93 32,366.24 39.23 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 84,464 2,717.59 45,154.83 6,372.93 32,936.24 38.99 7-22-2007 03 PM 01 -GENERAL FUND SOFTWARE & TECHNOLOGY DEPARTMENTAL EXPENDITURES PURCHASED/CONTRACT SERV 01-51680-200 CONTRACTUAL EXPENSE 01-51680-210 IT SUPPORT 01-51680-211 COMPUTER SOFTWARE LICENSE 01-51680-212 ACCOUNTING LIC & SUPPORT TOTAL PURCHASED/CONTRACT SERV CAPITAL OUTLAY 01-51680-400 EQUIPMENT COSTS TOTAL CAPITAL OUTLAY DEPRECIATION & AMORT 01-51680-610 DEPRECIATION TOTAL DEPRECIATION & AMORT TOTAL SOFTWARE & TECHNOLOGY ORIGINAL BUDGET 1,200 18,540 5,000 4,337 29,077 1,000 1,000 30,077 BOYNTON .CH CRA REVENUE & EXPENDITD. J REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 AMENDED BUDGET 1,500 18,540 4,200 4,760 29,000 1,500 1,500 o o 30,500 MONTHLY ACTIVITY 125.00 0.00 0.00 0.00 125.00 0.00 0.00 o o 0.00 0.00 125.00 YEAR-TO-DATE BALANCE 1,464.89 15,000.00 0.00 4,760.00 21,224.89 1,107.68 1,107.68 0.00 0.00 22,332.57 TOTAL ENCUMBERED 0.00 3,540.00 0.00 0.00 3,540.00 0.00 0.00 0.00 0.00 3,540.00 UNENCUMBERED BALANCE 35.11 0.00 4,200.00 0.00 4,235.11 392.32 392.32 4,627.43 0.00 0.00 PAGE L4 % OF BUDGET REMAINING 2.34 0.00 100.00 0.00 14.60 26.15 26.15 0.00 0.00 15.17 7-22-2007 03 PM 01 -GENERAL FUND CONTINGENCY DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET PURCHASED/CONTRACT SERV 01-51990-200 CONTRACTUAL EXPENSE TOTAL PURCHASED/CONTRACT SERV 500,000 500,000 0.00 367,176.00 100.00 TOTAL CONTINGENCY 500,000 BOYNTON ;CH CRA REVENUE & EXPEND lTD. J REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 AMENDED BUDGET MONTHLY YEAR-TO-DATE ACTIVITY BALANCE 367,176 367,176 0.00 0.00 0.00 0.00 367,176 0.00 0.00 PAGE L5 % OF TOTAL UNENCUMBERED BUDGET ENCUMBERED BALANCE REMAINING 0.00 367,176.00 100.00 0.00 367,176.00 100.00 7-22-2007 03 PM BOYNTON .CH CRA PAGE _6 REVENUE & EXPENDlTUi REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 01 -GENERAL FUND POLICE % 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 24,666 0.00 6,882.00 0.00 17,784.00 72.10 TOTAL PURCHASED/CONTRACT SERV 120,000 24,666 0.00 6,882.00 0.00 17,784.00 72.10 SUPPLIES 01-53120-320 POLICE SUPPLIES 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 0 0 0.00 0.00 0.00 0.00 0.00 CAPITAL OUTLAY 01-53120-400 EQUIPMENT COSTS 0 3,509 0.00 3,508.20 0.00 0.80 0.02 01-53120-410 POLICE CRUISER 0 0 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY 0 3,509 0.00 3,508.20 0.00 0.80 0.02 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 28,175 0.00 10,390.20 0.00 17,784.80 63.12 7-22-2007 03 ?M BOYNTON CH CRA PAGE: 7 REVENUE & EXPEND I TU, REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 01 -GENERAL FUND TRANSPORTATION % 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 42,120.00 419,210.00 127,000.00 10,710.00 1.92 01-55110-231 TROLEY MARKETING COSTS 84,000 87,500 1,645.00 31,656.22 55,830.78 13.00 0.01 01-55110-232 TROLLEY SYSTEMS COSTS 5,000 5,000 0.00 3,245.00 0.00 1,755.00 35.10 TOTAL PURCHASED/CONTRACT SERV 646,420 649,920 43,765.00 454,111. 22 182,830.78 12,978.00 2.00 TOTAL TRANSPORTATION 646,420 649,920 43,765.00 454,111. 22 182,830.78 12,978.00 2.00 7-22-2007 03 PM BOYNTON .CH CRA PAGE: 8 REVENUE & EXPENDITUl REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 01 -GENERAL FUND INCENTIVES & GRANTS % 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 15,000.00 30,000.00 0.00 70,000.00 70.00 01-57200-239 ECONOMIC DEVELOPMENT PROG 125,000 125,000 0.00 13,108.50 0.00 111,891.50 89.51 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 15,000.00 43,108.50 0.00 281,891.50 86.74 TOTAL INCENTIVES & GRANTS 325,000 325,000 15,000.00 43,108.50 0.00 281,891.50 86.74 7-22-2007 03 PM 01 -GENERAL FUND MARKETING DEPARTMENTAL EXPENDITURES PERSONNEL SERVICES 01-57400-100 PERSONNEL SERVICES TOTAL PERSONNEL SERVICES PURCHASED/CONTRACT SERV 01-57400-200 CONTRACTUAL EXPENSE 01-57400-203 MISCELLANEOUS 01-57400-216 ADVERTISING & PUBLIC NOTI 01-57400-217 NEWS LETTER 01-57400-218 ANNUAL REPORT & BROCHURES 01-57400-219 FESTIVALS & EVENTS 01-57400-220 PROMO & BUSINESS TRAVEL 01-57400-221 CRA MEETINGS & EVENTS 01-57400-225 ASSOC. MEETINGS & SEMINAR 01-57400-226 MEMBERSHIP DUES 01-57400-227 DELIVERY SERVICES 01-57400-229 CAREER DEVELOPMENT 01-57400-236 PHOTOGRAPHY / VIDEOS TOTAL PURCHASED/CONTRACT SERV SUPPLIES 01-57400-300 OFFICE EXPENSE 01-57400-310 OFFICE SUPPLIES 01-57400-355 SUBSCRIPTIONS 01-57400-360 BOOKS & PUBLICATIONS 01-57400-365 OFFICE PRINTING COSTS TOTAL SUPPLIES DEPRECIATION & AMORT 01-57400-610 DEPRECIATION TOTAL DEPRECIATION & AMORT TOTAL MARKETING ORIGINAL BUDGET 60,000 60,000 76,900 o 35,000 14,000 50,000 o o o 6,000 o 200 o 15,000 197,100 2,500 2,500 200 o 2,500 7,700 264,800 BOYNTON CH CRA REVENUE & EXPENDITUh~~ REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 AMENDED BUDGET 60,000 60,000 76,775 33 35,025 14,600 50,000 o o o 7,500 850 200 o 14,217 199,200 2,500 2,500 200 390 2,110 7,700 o o 266,900 MONTHLY ACTIVITY 3,538.46 3,538.46 1,935.00 0.00 1,529.28 6,784.44 844.16 0.00 0.00 0.00 101.00 0.00 0.00 0.00 0.00 11,193.88 0.00 211.14 0.00 0.00 0.00 211.14 o o 0.00 0.00 14,943.48 YEAR-TO-DATE BALANCE 53,999.97 53,999.97 35,937.00 32.50 33,217.82 14,000.00 49,352.66 0.00 0.00 0.00 7,035.32 850.00 149.70 0.00 4,675.92 145,250.92 465.95 1,475.12 24.95 389.35 500.00 2,855.37 0.00 0.00 202,106.26 TOTAL ENCUMBERED 0.00 0.00 34,213.00 0.00 1,805.97 522.72 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,192.50 38,734.19 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 38,734.19 UNENCUMBERED BALANCE 6,000.03 6,000.03 6,625.00 0.50 1.21 77.28 647.34 0.00 0.00 0.00 464.68 0.00 50.30 0.00 7,348.58 15,214.89 2,034.05 1,024.88 175.05 0.65 1,610.00 4,844.63 0.00 0.00 26,059.55 PAGE: 9 % OF BUDGET REMAINING 10.00 10.00 8.63 1. 52 0.00 0.53 1. 29 0.00 0.00 0.00 6.20 0.00 25.15 0.00 51. 69 7.64 81. 36 41. 00 87.53 0.17 76.30 62.92 0.00 0.00 9.76 7-22-2007 03 PM BOYNTON .CH CRA PAGE :0 REVENUE & EXPENDITU, REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 01 -GENERAL FUND SPECIAL EVENTS % 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 2,192.31 26,998.00 0.00 1,052.00 3.75 TOTAL PERSONNEL SERVICES 28,050 28,050 2,192.31 26,998.00 0.00 1,052.00 3.75 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 25,090.20 274,112.38 5,939.00 44,948.62 13 .83 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 2,638 131. 37 1,497.95 0.00 1,140.05 43.22 01-57500-226 MEMBERSHIP DUES 0 200 0.00 175.00 0.00 25.00 12.50 TOTAL PURCHASED/CONTRACT SERV 325,000 327,838 25,221. 57 275,785.33 5,939.00 46,113.67 14.07 SUPPLIES 01-57500-300 OFFICE EXPENSE 0 300 0.00 25.00 0.00 275.00 91.67 01-57500-310 OFFICE SUPPLIES 0 2,000 211.09 1,497.20 0.00 502.80 25.14 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 2,300 211.09 1,522.20 0.00 777.80 33.82 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 SPECIAL EVENTS 353,050 358,188 27,624.97 304,305.53 5,939.00 47,943.47 13 .39 7-22-2007 O~ PM 01 -GENERAL FUND SIGNAGE PROGRAM DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET BOYNTON \CH CRA REVENUE & EXPENDITu_ J REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE PAGE 21 % OF BUDGET REMAINING PURCHASED/CONTRACT SERV 01-58000-200 CONTRACTUAL EXPENSE 01-58000-224 SIGN CONSTRUCTION TOTAL PURCHASED/CONTRACT SERV 5,000 10,000 15,000 5,000 11,500 16,500 0.00 800.00 800.00 0.00 4,350.00 4,350.00 5,000.00 7,026.00 12,026.00 0.00 124.00 124.00 0.00 1. 08 0.75 TOTAL SIGNAGE PROGRAM 0.75 15,000 16,500 800.00 4,350.00 12,026.00 124.00 7-22-2007 03 l'M BOYNTON .CH CRA PAGE: 2 REVENUE & EXPENDITU1. REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 01 -GENERAL FUND HEART OF BOYNTON % 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 200,000 198,935 0.00 79,226.45 0.00 119,708.55 60.17 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 1,065 0.00 1,065.00 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 0.00 80,291.45 0.00 119,708.55 59.85 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 0.00 80,291.45 0.00 119,708.55 59.85 7-22-2007 03 'M 01 -GENERAL FUND DEVELOPMENT PROJECTS DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET BOYNTON 2H CRA REVENUE & EXPENDlTUh REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED UNENCUMBERED BALANCE PAGE: 3 % OF BUDGET REMAINING PURCHASED/CONTRACT SERV 01-58300-200 CONTRACTUAL EXPENSE 01-58300-201 PROPERTY TAXES TOTAL PURCHASED/CONTRACT SERV 2,400,295 o 2,400,295 2,368,235 o 2,368,235 15,216.92 0.00 15,216.92 916,306.03) 0.00 916,306.03) 211,867.68 0.00 211,867.68 3,072,673.35 0.00 3,072,673.35 129.75 0.00 129.75 TOTAL DEVELOPMENT PROJECTS 129.75 2,400,295 2,368,235 15,216.92 916,306.03) 211,867.68 3,072,673.35 7-22-2007 03 ?M 01 -GENERAL FUND EMPLOYEE BEBEFITS DEPARTMENTAL EXPENDITURES PERSONNEL SERVICES 01-59000-150 COMPENSATED TIME OFF 01-59000-151 F.I.C.A. 01-59000-152 MEDICARE 01-59000-153 RETIREMENT PLAN 401(a) 01-59000-154 WORKERS COMP INSURANCE 01-59000-155 HEALTH INSURANCE 01-59000-156 DENTAL INSURANCE 01-59000-157 LIFE INSURANCE 01-59000-158 SHORT / LONG TERM DISABIL 01-59000-159 UNEMPLOYMENT CHARGES 01-59000-160 VISION INSURANCE 01-59000-161 COMPENSATED ABSENSES TOTAL PERSONNEL SERVICES TOTAL EMPLOYEE BEBEFITS ORIGINAL BUDGET o 32,401 7,999 60,495 5,714 32,254 3,164 2,064 2,634 5,000 458 o 152,183 152,183 BOYNTON CH CRA REVENUE & EXPENDlTU! REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 AMENDED BUDGET o 34,905 8,585 61,287 6,364 34,441 3,314 5,067 2,859 5,000 480 o 162,300 162,300 MONTHLY ACTIVITY 0.00 1,385.63 324.06 0.00 4,355.52 3,263.82 212.73 508.12 0.00 0.00 34.72 0.00 10,084.60 10,084.60 YEAR-TO-DATE BALANCE 0.00 28,626.00 6,922.89 55,699.60 6,356.26 25,520.26 2,017.06 4,378.96 38.41) 735.15 264.12 0.00 130,481. 89 130,481. 89 TOTAL ENCUMBERED 0.00 0.00 0.00 0.00 0.00 570.00 0.00 0.00 0.00 0.00 0.00 0.00 570.00 570.00 UNENCUMBERED BALANCE 0.00 6,278.85 1,661.68 5,587.70 7.74 8,350.84 1,296.74 687.54 2,896.97 4,264.85 215.58 0.00 31,248.49 31,248.49 PAGE: 4 % OF BUDGET REMAINING 0.00 17.99 19.36 9.12 0.12 24.25 39.13 13.57 101.34 85.30 44.94 0.00 19.25 19.25 7-22-2007 03 PM BOYNTON .cH CRA PAGE: 5 REVENUE & EXPENDlTU1. _ REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 01 -GENERAL FUND DEBT SERVICE % 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 0.00 277,397.90 0.00 398,425.10 58.95 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 0.00 105,313.92 0.00 98,701.08 48.38 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 0.00 450.00 0.00 50.00 10.00 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 0.00 383,161.82 0.00 497,176.18 56.48 OTHER FINANCING USES 01-59800-990 TRANS OUT TO DEBT SERVICE 0 2,209,935 0.00 687,466.25 0.00 1,522,468.75 68.89 TOTAL OTHER FINANCING USES 0 2,209,935 0.00 687,466.25 0.00 1,522,468.75 68.89 TOTAL DEBT SERVICE 3,089,773 3,090,273 0.00 1,070,628.07 0.00 2,019,644.93 65.35 7-22-2007 03 PM 01 -GENERAL FUND TRANSFER OUT DEPARTMENTAL EXPENDITURES ORIGINAL BUDGET BOYNTON .CH CRA REVENUE & EXPENDlTUh_--, REPORT (UNAUDITED) AS OF: JULY 31ST, 2007 AMENDED BUDGET MONTHLY ACTIVITY YEAR-TO-DATE BALANCE TOTAL ENCUMBERED PAGE :6 UNENCUMBERED BALANCE % OF BUDGET REMAINING OTHER FINANCING USES 01-59999-990 INTERFUND TRANSFERS OUT 01-59999-991 TRANSFER OUT-POLICE EXPEN TOTAL OTHER FINANCING USES o o o o o o 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL TRANSFER OUT 0.00 o o 0.00 0.00 0.00 0.00 TOTAL EXPENDITURES 9,813,000 10,018,000 326,433.83 3,245,045.78 683,132.32 6,089,821.90 60.79 ------------ ------------ ------------- ------------- ------------- ------------- ------- ------------ ------------ ------------- ------------- ------------- ------------- ------- REVENUES OVER/(UNDER) EXPENDITURES o 1,000 240,948.02) 7,139,732.13 683,132.32) ( 6,455,599.81)5,559.98- 30YNTON C. ..~ [) J 3 ~ A C -H ..,,< [\J~ East Side-West S.lde-Seaside Renaissance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August 14,2007 AGENDA ITEM: x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Consideration to Provide Funding for the Schoolhouse Children's Museum 2007 Annual Dinner Dance SUMMARY: The Schoolhouse Children's Museum has requested that we sponsor, via funding, their 2007 Annual Dinner Dance taking place September 7, 2007 at the Vintage Gymnasium at Old School Square. There are five levels of sponsorship available (please see attached flyer). The Quarterback Sponsor level will help to underwrite the various venues associated with the production of the dinner. Included are the following: · Six (6) Complimentary Reservations · Sponsor Introduction at the Dinner · Sponsor Board Listing · Recognition on the Event Program · Recognition in the Schoolhouse Children's Museum Newsletter We will split the cost of this table with the city since the city commissioners and CRA Board are the simultaneous positions held by the same individuals. FISCAL IMPACT: $1500.00 from General Fund line item 51010-203. RECOMMENDATIONS: Approve sponsoring the 2007 Annual Dinner Dance at the $1500.00 Quarterback Sponsor level. '--( I (----~ 0_ C_ '- "lJ~ Bright Executive Director ) t)JI1 (l T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 0814 CRA Board Meeting - August\Funding for Schoolhouse Children's Museum.doc .... J.... , j..i--.lJ_ \ ~ \ d Schoolhouse Children's Museum A Non-Profit Organization \ ,;.{ , ,;.{ , ,;.{ \ ;.:.I , ,;.{ , ..:-{ .... 1.... . I . .. / J_c ._l}...l_ , ~ 2007 Annual Dinner Dance Homecoming Dance "A Night Under the Stars" September 7,2007 - Vintage Gymnasium at Old School Square , ~ Sponsorship Opportunities King & Queen Sponsor - $5,000 Exclusive to two sponsors Acknowledgement as Presenting Sponsor on Invitation Ten Guest Reservations \ '. ,.. ~ . . , ..:-.( t; .. ., ... ! · Sponsor Introduction at Event . Event Signage · Recognition in Event Program · Recognition in Schoolhouse Children's Museum Newsletter for 12 Months $500 Scholarship in the name of the sponsor for a child to attend summer camp Crown Sponsor - $3,000 This level of sponsorship will provide a prominent presence for your company through the following vehicles: · Eight Complimentary Reservations · Sponsor Introduction at Event . '. "'.> - 4.. c. · Event Signage · Recognition in Event Program · Recognition in Schoolhouse Children's Museum Newsletter · $300 Scholarship in the name of the sponsor for a child to attend summer camp Cheerleader Sponsor - $750 , · Four Complimentary Reservations · On-Site Sponsor Board Listing · Recognition in Event Program · Recognition in Schoolhouse Children's Museum Newsletter " ~ 1.. Quarterback Sponsor - $1,500 This level of sponsorship will help to underwrite the various venues associated with the production of the evening. . Six Complimentary Reservations . Sponsor Introduction at Event Sponsor Board Listing Recognition in Event Program ~t . . · Recognition in Schoolhouse Children's Museum Newsletter Float Sponsor - $500 ..~,.......\.l...., /0/ -'I /' c.:;:-.. . t. W · Two complimentary Reservations · On-Site Sponsor Board Listing · Recognition in Event Program · Recognition in Schoolhouse Children's Museum Newsletter Star Sponsor Large $100 Medium $50 Small $ 25 \ " ~. . .~ ~ ~ Acknow ledge a child or loved one by purchasing a Star in their name. They will be prominently displayed at the event. Sponsorships must be received by August 24th for inclusion in the Event Program. For additional information, call Michael or Alison at 742- 6785 or complete the information below and fax to 561-423-0379, attention Patty. We are accepting donated items for a Chinese auction with a minimum value of$50.00. Please contact Alison if you are interested in donating an item. _King & Queen $5,000; Please include us as a (Check all that apply) Sponsor: Crown $3,000; Quarterback $1,500; Cheerleader $750; - - - _Float $500; _Star $100; _Star $50; _Star $25 Sponsor Name: Address: Phone: www.schoolhousemuseum.org r'. ~~<tY~T8~ East Side....West Side"" Seaside Renaissance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August 14,2007 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of CRA Marina Dockage Agreement and Rental Rates for Fiscal Year 2007-2008 SUMMARY: The eRA purchased the privately owned and operated Two George's Malina in March 2006 consisting of 24 boat slips and a two story dive shop building. The rationale for the purchase was to preserve the viability of the commercial fishing industry in Boynton Beach which is diminishing because of the lack of affordable marina space due in part to the plivatization of area marinas arId the residential redevelopment of waterfront lands. As a result of the purchase from DSS Properties, the CRA inherited the rental rates and verbal agreements held by the pervious owner. The existing slip rates vary between renters and the rental rate is not based on the length of the vessel or the slip. Based o:p. the present slip rates, the rents average $18.10 if staff uses the vessel's length as a guide. While p1arIS are being formulated for a future marina renovation, the marina does not have restrooms, showers or a pump out station, but does provide electricity and water hook ups. The marina is in need of new fmger piers, pilin~s, bottom dredging and other renovations to make navigation safer and conditions more suitable for the operation of the vessels. Staffhas queried seven municipal marinas to gather information on their slip rates and marina amenities. The most common practice alTIong marinas for calculating slip rates is to charge by the vessel's length although one marina surveyed charges by the slip length. The result (see attached) shows slip rates ranging from $10 to $37.37 per foot of the vessel with the average being $20.23 per vessel foot. Although the amenities offered varied somewhat between marinas, almost all of the municipal marinas surveyed provided slip renters with live-aboard privileges, showers, restrooms, electric & water hookups, fuel arId pump out stations. C:\Documents and Settlngs\meffssaa\Local Settings\Temporary Internet Files\OLK105\New Dock Agreement and Rates.doc ~:...." ~/~ r..y::;.4" ~<tY~T8~ 1 East Side....West Side....Seaside Rena'lssance AGENDA ITEM STAFF REPORT Based on the current slip rates, conditions, limitations of the existing marina, the level of amenities being provided to the vessels as well as promoting the success of the commercial fishing enterprises at the marina, staff feels that a rate of $14 per linear vessel foot (including pulpit and dive platform, if . applicable) with a minimum slip rental rate of $450.00 should be applied. The marina dock rates will be reviewed and approved on an annual basis. Additionally, the attached Dockage Agreement has been reviewed and approved by eRA legal counsel and must be executed by each slip renter by September 30, 2007. If the current slip renter refuses to execute the Dockage Agreement, the vessel will be required to vacate the premises. FISCAL IMP ACT: None. 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Federal Highway Boynton Beach, FL 33435 Effective Date: Expiration Date: September 30, 2008 (*if left blank, the expiration date shall be the next September 30 after the effective date, the end of the CRA fiscal year.) Agreement between Boynton Beach Community Redevelopment Agency., herein called "CRA, " and the undersigned boat and/or owner, herein called, "Owner." (Print all information) OWNER'S NAME BOA T NAME Street Make Year City Registration No. State Zip O.A. Length Beam Draft *Length of vessel is overall as designated by manufacturer and licensure. Power Sail Slip No. Rate Electricity: 110 220 Phone: Yes Phone No. Alternate Phone No. 1. The term of this Dockage Agreement (Agreement) shall be until the next September 30, 2008,the end of the fiscal year for CRA. 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 with the then current Dockage Agreement in use by CRA and subj ect to a renegotiation of the dock rental to the then current market rate. The 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 in CRA's discretion. 2. The rental for the current term shall be the sum of per month. The first month's 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. CRA agrees to provide electricity and water. 4. CRA shall have a lien against the above described boat, her appurtenances and contents, for unpaid sums due for use of dock facilities or other services, or for damage caused or contributed to by above described boat, Owner or any individual Owner allows to use the boat to any docks or property of CRA or any other person at the docks in addition to all other remedies available at law or in equity. 5. This Agreement is for the use of dock space only, and such space is to be used at the sole risk of Owner. CRA shall not be 1 iable for the care or protection of the boat (including gear, equipment and contents) or for any loss or damage of whatever kind or nature to the boat, her contents, gear or equipment 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 in favor of the Owner or any interest in the underlying bottom lands or real property connected with the CRA. 7. This Agreement shall be in effect until the end of the term unless sooner terminated in accordance with the following 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 obtains a boat larger than can be safely berthed at the subject dockage. c. By breach or default as provided in paragraph 8 below. 8. Owner agrees to comply with all posted rules and regulations attached hereto, as amended from time to time in the CRA's sole discretion, as fully as though they were set forth herein, and should breach of this Agreement or violation of posted rules and regulations occur, this rental agreement shall terminate immediately and CRA may remove the boat from her mooring space at the Owner's risk and expense and retake possession of the mooring space. 9. Waiver of any conditions by CRA shall not be deemed to be a continuing waiver. 10. Weather 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 incurring damage to itself or Owner's vessel causing damage to the CRA's property or other vessels within the dockage facilities, it shall be the Owner's responsibility to remove his vessel from the eRA's property and dockage facility. Any damage caused by Owner's vessel to the CRA's property, dockage facilities, Owner's vessel or other vessels wi thin the CRA' s property and dockage facilities shall be the sole responsibility of the Owner. The Owner, by executing this Agreement, expressly agrees that he shall be solely responsible for maintaining a weather watch to ascertain when such threatening weather conditions may occur in order to allow adequate time for the Owner to remove his vessel from the CRA I S property and dockage facility as required above. The Owner expressly acknowledges that the eRA does not assume any obligation to contact the Owner with respect to impending weather conditions. The undersigned hereby informs you, as required by Florida Statute Section 327.59, that in the event you fail to remove your vessel from the marina promptly (time frame to be determined between the marina owner or operator and the vessel owner) after the issuance of a tropical storm or hurricane watch for southeast Florida including Palm Beach County, the undersigned or his or her employees or agents are authorized to remove your vessel, if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by the undersigned or his or her employees or agents in order to better secure your vessel and to protect marina property , private property, and the environment. You are further notified that you may be charged a reasonable fee for any such action. Notwithstanding the foregoing, it shall remain the Owner's responsibility for all damage caused by his vessel to the CRA dockage facilities or other vessels. The CRA expressly reserves the right, but not the responsibility, to establish minimum requirements for the kinds of cleats, ropes, fenders and other measures that must be used on vessels as a condition of the use of the dockage facilities. In the event the CRA establishes such minimum measures, it shall be the vessel owner's obligation and liability to assure himself that such minimum requirements are adequate to protect the owner's vessel from damage. 11. CRA represents and Owner hereby confirms his understanding and agreement that there is no telephone service to the facility. Telephone service to their vessels must be by cellular phone. No private telephone systems may be installed within the dockage facilities without the prior written consent of CRA. 12. The CRA reserves the right to reassign the Owner to a different slip in the event the CRA deems it necessary, in their sole discretion. 13. No other vessel may be placed in the water along with the Owner I s vessel which is the subject of this Agreement without the prior written consent of CRA. Should Owner have a dingy or other similar boat on board the approved vessel, when the dingy is not aboard the approved vessel, it must be contained within the slip. 14. The Owner expressly acknowledges that the CRA assumes no responsibility for the caretaking or security of the Owner I s vessel and the Owner shall be solely responsible for obtaining independent caretaking services with respect to his vessel. 15. The Owner hereby agrees to, at all times during the term of this Agreement, maintain insurance providing complete marine coverage for the Owner's vessel and public comprehensive liability insurance with limits not less than $300,000.00 for individual incidents and $1,000,000.00 aggregate with the CRA being named as an additional insured. The Owner agrees to provide the CRA a certificate of such insurance at the time of executing the Dockage Agreement. 16. The Owner agrees to indemnify, save, and hold the CRA harmless for any and all liabilities, claims, damages, or losses asserted or claimed against the CRA arising out of the Owner I s use of the CRA I s dockage facilities or CRA property pursuant to this Dockage Agreement, as well as from any and all acts of Owner, his guests, invitees, or agents. The Owner's obligation for such indemnification shall include all reasonable defense costs including attorney fees at the appellate level. 17. This Agreement supersedes any and all other agreements, oral or in writing, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to such relation in any manner whatsoever. 18. No change, amendment, modification or alteration of this Agreement shall be binding upon either party unless it is in writing and signed by both parties except for changes to rules and regulations as deemed necessary and appropriate by the CRA. 19. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, costs of appeal and necessary disbursements in addition to any other relief to which it may be entitled. 20. It is mutually understood that the agreements and covenants contained herein are severable and in the event any of them shall be held to be invalid, this Agreement shall be interpreted as if such invalid agreements or covenants were not contained herein. Date: Owner Signature: Print Name Date: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Title: ~, RULES AND REGULATIONS GOVERNING DOCKAGE In an effort CRA docks, protection. appreciated to provide an inviting atmosphere for boat owners docking at the the following rules and regulations are provided for your Your cooperation in observing the following rules will be and enforced. When a boat enters the basin, jurisdiction of the CRA. 2. Only boats, in good condition, and under their own power, shall be admitted to berthing areas. 1. it immediately comes under the Pets shall be leashed wi thin the conf ines of the CRA property. permitted only if they do not disturb other lessees and guests. 4. Refuse shall not be thrown overboard. Garbage shall be deposited in cans supplied for that purpose. Notify dock attendant for anything that will not fit in these cans, he will dispose of same. No person shall discharge oil, spirits, solvents, inflammable liquid or oily bilges into the basin or on the property of the CRA. In the event of any accidental spills of oil, spirits, solvents, flammable liquids, fuel products or other toxic substances or waste, the Owner shall immediately notify the Dockmaster of the existence of such condition. 3. Pets 5. Sewage shall be disposed of appropriately and in conformance with all pertinent health codes and state statutes. Noise shall be kept to a minimum at all times. Patrons discretion in operating engines, generators, radios and sets, so as not to create a nuisance or disturbance. 7. Swimming, diving, or fishing shall not be permitted from the docks or finger piers or boats. 6. shall use television 8. Boat owners shall not store supplies, materials, accessories or debris on walkway, and shall not construct thereon any lockers, chests, cabinets, or similar structures, except with written approval of the Dockmaster. Painting, scraping, or repairing of gear shall not be permitted on the docks or finger piers. Extent of repairs and maintenance shall be at the discretion of management. 9. Laundry shall not be hung on boats, docks or finger piers in the basin, nor shall "for sale" signs be put on boats without written permission from the CRA. 10. The CRA reserves the right to limit and govern parking spaces in the CRA parking areas. 11. Violation of the above rules and regulations, disorder, or indecorous conduct by any patron, or his crew or guests, that might injure a person, cause damage to property or harm the reputation of the CRA shall be cause for immediate removal from the basin of the boat in question. ,...... AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August14,2007 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of funding up to $20,000 from the Residential Improvement Grant program to Nancy Schneider for the property located at 527 NW 10th Avenue. (Tabled from July 10,2007 agenda) SUMMARY: In August 2006, the CRA Board instituted the Residential Improvement Program as part of the Heart of Boynton Work Program with a budget of $400,000. The intent of the program is to provide up to $20,000 to assist property owners in HOB with housing improvements. r The applicant, Ms. Nancy Schneider owns a rental property located at 527 NW 10th Avenue. The property is a single-family residence. The applicant is requesting assistance to pay for hurricane shutters, new windows, switching from window air-conditioning units to more energy efficient central ale, a new bathtub and new kitchen cabinets. Since the subject property is a rental, the applicant must provide a dollar for dollar match to CRA funds. The applicant's income falls within the program income guideline limits. The applicant has demonstrated the ability to match the CRA funds. Improvements will be conducted by one of the general contactors that the CRA has under continuing contract. FISCAL IMPACT: Up to $20,000 from the Residential Improvement Grant Program (Bond II 02- 58300-474). RECOMMENDATIONS: Approve Nancy Schneider's request for $20,000 from the Residential Improvement Program. 4/~ Vivian L. Brooks r' Assistant Director. T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 08 14 CRA Board Meeting - August\Schneider RIP.doc r ,.... ~.. " V' k-f ~r . j ~~, . F t t. ,. v- I . { t ' r' t Ti.\ r ("...... ""- '- .........., .~ Gary R. Nikolits,CF A Palm Beach County Property Appraiser Property Mapping System Legend o Parcel Bomdary ~ Lot nurlber Page 1 of 1 Search Parcel DetallsI Owner Information peN: 08434521140002510 C ";'Rt!tumto.PAPA Name: NESS27 uc Location: 527 NW 10TH AVE Mailing: 41 EAST RD DELRAY BEACH FL 33483 7020 Appraisal Value Market Value: Assessed Value: Exempt Amnt: Taxable: Tax Value Ad Valorem: Non ad valorem: Total: Sales Information S~I~sO_ate Pripa Jul-2004 Jun-2004 Oct-2002 Sep-2002 Jan-2002 NoY-2001 Oct-2001 Palm Beach County Property Map Map Scale 1:2392 Map produced on 71212007 from PAPA hllp://www.pbcgov.com/papa r http;llgisweb.co. palm-beach.fl. us/ipapagis/presentationlmapping/printnew . asp ?MAPURL=http:1 1 gisweb.... 07/02/2007 Proposed Redevelopment Work Program for the Heart of Boynton Community Fiscal Year 2006/2007 Based on the recommendations of the Treasure Coast Regional Planning Councils HOB Feasibility Analysis, the adopted Heart of Boynton Community Redevelopment Plan, and Board direction, staff is bringing various initiatives forward to ensure that the Heart of Boynton will be redeveloped in the near future, reduce displacement of current residents by creating opportunities for workforce housing and encourage the growth of locally owned businesses. eRA Staff Project Recommendations The Feasibility Analysis recommends the following actions to redevelop the heart of Boynton: · Create successful catalyst projects to encourage further private sector investment. · Use incentives such as financial, density, etc. to spur investment. · Tie incentives to CRA goals of quality design and affordability. · To achieve realistic market pricing of $265,000 - $280,000, subsidies will be required. 1. Provide gap funding to the developer of Ocean Breeze to make 100% of the project affordable. $1,200,000 2. Acquire property on behalf of the Boynton Beach Faith-Based CDC to develop a town home project that is 100% affordable (approximately 25 units) with sales prices approx. $250,000. $ 500,000 3. Acquire property on the west side of Seacrest adjacent to Phase I of Ocean Breeze and sell to the developer at a discount to create a whole block of development. $ 500,000 $3,000,000 4. Homebuyers Assistance Program - 5. Residential Improvement Program - Limit to Heart of Boynton Neighborhood, up to $20,000 no match required except for rental properties. $ 400,000 6. Contract with CDC to Administer Residential Improvement Program $ 25,000 7. Cherry Hill purchases - 7 properties $1,000,000 8. Community Improvement Grant - Youth program to assist with the maintenance of the community. Youth will receive a stipend. $ 25,000 Page Two/Heart of Boynton Work Program 9. Urban Housing Infill Program-Single-family infill west of Seacrest $1,800,000 TOTAL $8,450,000 PALM BEACH COUNTY INCOME GUIDELINES 2007 MEDIAN = $61,200.00 1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons "ery Low- Income $22,550 $25,750 $29,000 $32,200 $34,800 $37,350 $39,950 $42,500 50% Median Low-income 80% Median $36,050 $41,200 $46,350 $51,500 $55,600 $59,750 $63,850 $68,000 Moderate Income $54,120 $61,800 $69,600 $77,280 $83,520 $89,640 $95,880 $102,000 120% Median As RECEIVED FROM FLORIDA HOUSING FINANCE CORPORATION MARCH, 2007. t::\~~f1itS ~ ~\ft)f~\looa'l ~\~ry lifllt.er~ ifiIU~'$\OlIK~\OM't<ro~f,.@'0t ~qY~T2~ eRA East Side-West Side-Seas'lde Rena'lssance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August14,2007 x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of funding up to $20,000 from the Residential Improvement Grant program to Anthony & Penny Spencer. SUMMARY: The Residential Improvement Grant Program was implemented in January 2007as part of the HOB Work Program. The goal of the program is to assist homeowners and landlords in the Heart of Boynton with rehabilitation of their property in cooperation with the rehabilitation program of the City's Community Improvement Division, The goals of the program are to assist in the stabilization of the community by bringing existing homes up to current building codes, upgrading the structure and appearance of the existing neighborhood housing stock thereby encouraging investment and redevelopment. The CRA entered into an agreement with the Boynton Beach Faith Based CDC to market the program and to income qualify the applicants, The CRA Board approved the award of three grants at their regular meeting held on July 10, 2007. The CRA has received an application request from Mr. and Mrs. Anthony Spencer to assist them with window and bathroom repairs, garage door replacement and building code related issues for their home located at 117 NE 13th Avenue. It has been determined that the Spencer family's household income falls below the 80% of median category and are therefore eligible to receive grant assistance. FISCAL IMPACT: Up to $20,000 from the Residential Improvement Grant Program (Bond II 02- 58300-474). RECOMMENDATIONS: Approve the request for Residential Improvement Program funds not to exceed $20,000 to Anthony and Penny Spencer 117 NE 13th Avenue. ~~~~~, Michael Simon Development Manager T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 08 14 CRA Board Meeting - August\Resid Imprv Grant- Anthony & Penny Spencer.doc Boynton Beach Community Redevelopment Agency Residential Improvement Grant Program Applicant: Penny & Anthony Spencer 117 NE 13th Avenue Boynton Beach, FL 33435 Household Analysis: Penny Spencer, Owner 40 years of age, DOB: 07/07/67 Anthony Spencer, Owner 36 years of age, DOB: 02/24171 Mack Edwards, Son 12 years of age, DOB: 12/09/94 Amarian Spencer-Jones, Son 7 years of age, DOB: 5/16/00 Household Income Analysis: Anthony Spencer: Unemployed - Statement of No Income Penny Spencer: Sand & Sea Village $1,600.00/month- $19,200.00 yearly Social Security Benefits - Mack Edwards' deceased father $1,008.50/month - $12,102.00 yearly Amarian Spencer-Jones Adoption/State of Florida $ 295.00/month - $ 3.540.00 yearly $34,842.00 total household income Conclusion: August 2, 2007 Based on the income and household information provided by Penny and Anthony Spencer, the estimated gross yearly household income of $34,842.00 for a family of four places them below 80% of area median income under the Palm Beach County Income Guidelines and qualifies her for assistance under the CRA' s Residential Improvement Grant program. ( 'lo,,- 'I. ., ( ~ .r{; .' ., ;,fi \. I .~ " 1':; '" --- ~q~NTE?~ ..' ~ [5 ) , .*~ A C".J\c East Side-West S"lde-Seas'lde Rena'lssance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August14,2007 I x I Consent Agenda I Old Business New Business Public Hearing Other SUBJECT: Approval of funding up to $20,000 from the Residential Improvement Grant program to Minnie Mitchell. SUMMARY: The Residential Improvement Grant Program was implemented in January 2007as part of the HOB Work Program. The goal of the program is to assist homeowners and landlords in the Heart of Boynton with rehabilitation of their property in cooperation with the rehabilitation program of the City's Community Improvement Division. The goals of the program are to assist in the stabilization of the community by bringing existing homes up to current building codes, upgrading the structure and appearance of the existing neighborhood housing stock thereby encouraging investment and redevelopment. The CRA entered into an agreement with the Boynton Beach Faith Based CDC to market the program and to income qualify the applicants. The CRA Board approved the award of three grants at their regular meeting held on July 10, 2007. The CRA has received an application request from Ms. Minnie Mitchell to assist her with window and exterior structural repairs, exterior painting, roof replacement and building code related issues for her home located at 416 NW 11th Avenue. It has been determined that Ms. Mitchell's household income falls below the 50% of median category and is therefore eligible to receive grant assistance. FISCAL IMPACT: Up to $20,000 from the Residential Improvement Grant Program (Bond II 02- 58300-474). RECOMMENDATIONS: Approve the request for Residential Improvement Program funds not to exceed $20,000 to Minnie Mitchell of 416 NW 11 th Avenue. CC~Lj~< Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 0814 CRA Board Meeting - August\Resid Imprv Grant- Minnie Mitchell.doc Boynton Beach Residential Improvement Grant Program Residential Improvement Grant Program Applicant: Minnie Mitchell 416 NW 11th Avenue Boynton Beach, FL 33435 Household Analvsis: Minnie P. Mitchell, Owner 72 years of age, DOB: 1/8/35 Household Income Analvsis: Minnie Mitchell: Department of Florida Retirement Benefits $360.76/month - $4,329.12 Social Security Benefits $392.00/month - $4.704.00 $9,033.12 estimated yearly income Conclusion: August 7,2007 Based on the income and household information provided by Minnie Mitchell, the estimated yearly household income of$9,033.12 for a one per household places her below 50% of area median income and qualifies her for assistance under the eRA's program. 30YNTON .. c~ [) I 31: A C -H Crv~ East Side-West S',de-Seaside Rena',ssance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August 14,2007 AGENDA ITEM: I x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Approval of funding Martha Querich $50,000 from the Homebuyers Assistance Program, SUMMARY: Ms. Querich is purchasing a unit at The Preserve. Her income has been certified as moderate per HUD guidelines. Ms. Querich will execute the CRA HAP documents which require the CRA to share the equity in the event the property is sold within 30 years of closing date. FISCAL IMPACT: $50,000 from Bond II proceeds, Line Item 58300-473. RECOMMENDATIONS: Approve $50,000 from the Homebuyers Assistance Program budget to assist Ms, Querich to purchase 1743 NE 6th Street, #1205, The Preserve, subject to execution of the eRA's mortgage, note and agreement at closing of the property. ~M Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 0814 CRA Board Meeting - August\Querich HAP.doc BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORAnON POST OFFICE BOX 337 . BOYNTON BEACH, Fl 33425-0337 . PALM BEACH COUNlY PHONE (561) 752-0303 . FAX (561) 752-0302 Date: July 23, 2007 Client Name: Martha Querich Address of Property Being Purchased: 1743 NE 6th Street Unit # 1205 Boynton Beach, FL 33435 Verified Annual Income: $ 42,420 plus MCC: $167 x 12 = $2004 ($44,424.00 Moderate) Income verified by Liberty Mortgage. Family Size: 1 Purchase Price: $ 239,990 Maximum Mortgage Amount: $ $126,000 Mortgage Term: 30 year Fixed Mortgage Interest Rate: 5.875% Other Subsidy Amount: pse SHIP $45,000 - Lise $10,000 to be determine Loan to value: 52.50% Front End Ratio: 36.70% Back End Ratio: 39.52 0/0 Liberty Mortgage requesting $50,000 from CRA Boynton Beach. (Signature) Title: First Time Homebuyer Coordinator . Page 2 Date: July 23, 2007 7-- JlJ- tJ7- ~~Y~Te~ C [~A East Side-West S'lde-Seaside Renaissance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August 14,2007 AGENDA ITEM: I x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Approval of funding Dwayne Black $50,000 from the Homebuyers Assistance Program. SUMMARY: Mr. Black is purchasing a unit at The Preserve. The family income has been certified as moderate per HUD guidelines. Mr. Black will execute the CRA HAP documents which require the CRA to share the equity in the event the property is sold within 30 years of closing date. FISCAL IMPACT: $50,000 from Bond II proceeds. Line Item 58300-473. RECOMMENDATIONS: Approve $50,000 from the Homebuyers Assistance Program budget to assist Mr. Black to purchase 1819 NE 6th Street, #1503, The Preserve, subject to execution of the CRA's mortgage, note and agreement at closing of the property. ~/- Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 08 14 CRA Board Meeting - August\Black HAP.doc 11 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 Date: July 23, 2007 Client Name: Dwayne Black Address of Property Being Purchased: 1819 NE 6th Street the Preserve at Boynton Unit 1503 - Boynton Beach, FL 33435 Verified Annual Income: $51,120 (plus) MCC: $167 X 12= $2004 - Total annual income: $ 53,106 Moderate Family Size: 3 Purchase Price: $239,990.00 Maximum Mortgage Amount: $147,000 Mortgage Term: 30 year Fixed Mortgage Interest Rate: 6.0000/0 Other Subsidies Amount: Requesting: PBC SHIP $45,000 and L1SC $5,000 (To be determine) Loan to value: 61.25 Front End Ratio: 32.35 0/0 Back End Ratio: 44.67 % Dee Ott from Liberty Mortgage is requesting $50,000 from eRA of Boynton Beach. July 23, 2007 James L Horne Jr. Homebuyer Coordinator . Page 2 ;"'..... '~~<iY~T8~ C ~~ rs East Side-West Side-Seaside Rena'lssance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August 14,2007 AGENDA ITEM: I x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Approval of funding Sarah Ferrer up to $50,000 from the Homebuyers Assistance Program. r SUMMARY: Ms. Ferrer is purchasing a unit at The Preserve. Her income has been certified as moderate per HUD guidelines. Ms. Ferrer will execute the CRA HAP documents which require the CRA to share the equity in the event the property is sold within 30 years of closing date. FISCAL IMPACT: Up to $50,000 from Bond II proceeds. Line Item 58300-473. RECOMMENDA TIONS: Approve up to $50,000 from the Homebuyers Assistance Program budget to assist Ms. Ferrer to purchase 1972 NE 6th Street, #205, The Preserve, subject to execution of the CRA's mortgage, note and agreement at closing of the property. r~~ Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 0814 CRA Board Meeting - August\Ferrer HAP.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 Date: July 23, 2007 Client Name: Sarah Ferrer Address of Property Being Purchased: 1972 NE 6th Street Unit # 205 Boynton Beach, FL 33435 Verified Annual Income: $ 40,992 plus MCC: $167 x 12 = $2004 ($42,996 MOderate) Income verified by Liberty Mortgage. Family Size: 1 Purchase Price: $ 239,990 r Maximum Mortgage Amount: $ $144,000 Mortgage Term: 30 year Fixed Mortgage Interest Rate: 5.750% Other Subsidy Amount: pse SHIP $45,000 - LIse $8,600 To be determine Loan to value: 60.000/0 Front End Ratio: 34.990/0 Back End Ratio: 42.24 0/0 Liberty Mortgage requesting $50,000 from eRA Boynton Beach. r..... r' r ,....... {Signature Name: James L Horne Jr Title: First Time Homebuyer Coordinator . Page 2 Date: July 23, 2007 7~ 2J-o:? (' r 12... ~..~... 30YNTON C 5 6. ~3~ A C -H ---l~~ ~ East Side-West S'lde-Seaside Rena'lssance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August 14,2007 AGENDA ITEM: I x I Consent Agenda Public Hearing New Business Other Old Business SUBJECT: Approval of funding Shonae Trotman $50,000 from the Homebuyers Assistance Program. SUMMARY: Ms, Trotman is purchasing a unit at The Preserve. Her income has been certified as moderate per HUD guidelines. Ms. Trotman will execute the CRA HAP documents which require the CRA to share the equity in the event the property is sold within 30 years of closing date. FISCAL IMPACT: $50,000 from Bond II proceeds. Line Item 58300-473. RECOMMENDATIONS: Approve $50,000 from the Homebuyers Assistance Program budget to assist Ms. Trotman to purchase 1826 NE 5th Street, #1405, The Preserve, subject to execution ofthe CRA's mortgage, note and agreement at closing of the property. r~s i'l Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 08 14 CRA Board Meeting - August\Trotman HAP.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 Date: July 23, 2007 Client Name: Shonae Trotman Address of Property Being Purchased: 1826 NE 5th Street Unit # 1405 Boynton Beach, FL 33435 Verified Annual Income: $52,227.24 plus MCe: $167 x 12 = $2004 ($54,231.24 Moderate) Income verified by Liberty Mortgage. Family Size: 3 Purchase Price: $ 239,990 r.... Maximum Mortgage Amount: $ $184,950 Mortgage Term: 30 year Fixed Mortgage Interest Rate: 6.750% Other Subsidy Amount: eRA $50,000 - Lise $5,000 To be determine Loan to value: 77.070/0 Front End Ratio: 35.190/0 Back End Ratio: 45.02 0/0 Liberty Mortgage requesting $50,000 from eRA Boynton Beach. 1'..... r /-.. r"- ~) (Signature Title: First Time Homebuyer Coordinator . Page 2 Date: July 23, 2007 7 - ;23 '""o? r ~~~<iY~T8~ eRA iIi East Side-West S.,de-Seaside Renaissance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August 14,2007 AGENDA ITEM: I x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Approval of funding Roxanne Burey $50,000 from the Homebuyers Assistance Program. r' SUMMARY: Ms, Burey is purchasing a unit at The Preserve. Her income has been certified as Low per HUD guidelines. Ms. Burey will execute the CRA HAP documents which require the CRA to share the equity in the event the property is sold within 30 years of closing date, FISCAL IMPACT: $50,000 from Bond II proceeds, Line Item 58300-473. RECOMMENDA TIONS: Approve $50,000 from the Homebuyers Assistance Program budget to assist Ms. Roxanne Burey to purchase 1942 NE 5th Street, #210, The Preserve, subject to execution of the CRA's mortgage, note and agreement at closing of the property, C&A4~ Vivian L. Brooks Assistant Director r T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 0814 CRA Board Meeting - August\Burey HAP.doc Household Analysis r Homebuyers Assistance Program Date: August 7, 2007 Applicant: Roxanne Burey 33 Walcott Drive Boynton Beach, FL 33426 Property Being Purchased: 1942 NE 5th Street #210 The Preserve Household Analysis: Roxanne Burey - DOB 1/28/83 I Dependent - age 2 Household Income Analysis: Employer: Bethesda Memorial Hospital Position Nurse Intern Verified Monthly Income: $3,316,72 Family Size: 2 Income Level: $39,804 annually/Low Income r- Front End Ratio: Back End Ratio: L TV (Mtg. only): L TV (w/all subsidy): 34.48% 35% 38% 83% Purchase Price: Closing Costs: Appraised Value: Down Payment: Mortgage Amount: HAP Funds: LISC: PBC HOME: $227,990 $ 10,522 $278,000 $ 7,500 $106,000 $ 50,000 $ 10,000 $ 65,000 30yr fixed Liberty Home Lending ,...... r r r ~~~<iY~T8~ eRA III East Side-West S'lde-Seas'lde Rena'lssance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August 14,2007 AGENDA ITEM: I x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Approval of funding Erica Poag $50,000 from the Homebuyers Assistance Program. SUMMARY: Ms. Poag is purchasing a unit at The Preserve, Her income has been certified as moderate per HUD guidelines, Ms. Poag will execute the CRA HAP documents which require the CRA to share the equity in the event the property is sold within 30 years of closing date, FISCAL IMPACT: $50,000 from Bond II proceeds. Line Item 58300-473. RECOMMENDATIONS: Approve $50,000 from the Homebuyers Assistance Program budget to assist Ms. Erica Poag to purchase 1759 NE 6th Street, #1209, The Preserve, subject to execution of the CRA's mortgage, note and agreement at closing of the property. ~ Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 0814 CRA Board Meeting - August\Poag HAP.doc r Household Analysis Homebuyers Assistance Program Date: August 7,2007 Property Being Purchased: Erica Poag 6672 W. Sample Road Coral Springs, FL 33067 1759 NE 6th Street #1209 The Preserve Applicant: Household Analvsis: Erica Poag- DOB I 2/20174 o Dependents Household Income Analysis: Employer: Powers, McNalis Position Bookkeeper Verified Monthly Income: $3,333 Family Size: 1 Income Level: $40,000 annually/Moderate Income r Front End Ratio: Back End Ratio: L TV (Mtg. only): L TV (w/all subsidy): 34,93% 35.60% 48% Purchase Price: Appraised Value: Down Payment: Mortgage Amount: HAP Funds: LISC: PBC SHIP: $239,990 $260,000 $19,174 $126,000 $ 50,000 $ 5,000 $ 45,000 30yr fixed Liberty Home Lending r r ~"~~<iY~T8~ C [R/~ ~ East Side-West Side-Seas',de Renaissance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August14,2007 AGENDA ITEM: I x I Consent Agenda Old Business New Business Public Hearing Other SUBJECT: Approval of funding Jason Weinstein $35,400 from the Homebuyers Assistance Program, r SUMMARY: Mr. Weinstein is purchasing a unit at The Preserve. His income has been certified as moderate per HUD guidelines. Mr. Weinstein will execute the CRA HAP documents which require the CRA to share the equity in the event the property is sold within 30 years of closing date. FISCAL IMPACT: $35,400 from Bond II proceeds. Line Item 58300-473, RECOMMENDATIONS: Approve $35,400 from the Homebuyers Assistance Program budget to assist Mr. Jason Weinstein to purchase 1801 NE 4th Street, #1505, The Preserve, subject to execution of the CRA's mortgage, note and agreement at closing of the property. LdkI3); r Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 08 14 CRA Board Meeting - August\weinstein HAP.doc r r I r Household Analysis Homebuyers Assistance Program Date: August 7, 2007 Applicant: Jason Weinstein 408 NW 25th Avenue Boynton Beach, FL 33426 1801 NE 4th Street, # 1505 The Preserve Property Being Purchased: Household Analysis: Jason Weinstein DOB 5/25/71 1 dependant, child age 2 Household Income Analysis: Employer: H.I.S, Cabinetry Position Production Manager Verified Monthly Income: $4,333 Family Size: 2 Income Level: $52,000 annually/Moderate Income Front End Ratio: Back End Ratio: L TV (Mtg. only): L TV (w/all subsidy): 34.93% 35.60% 48% Purchase Price: Appraised Value: Down Payment: Mortgage Amount: HAP Funds: LISC: PBC SHIP: $239,990 $260,000 $ 13,000 $153,000 $ 35,400 $ 5,000 $ 45,000 30yr fixed Liberty Home Lending r , .:~~~ ~~ ~<tY~Te~~ East Side-West S'lde-Seas'lde Renaissance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August 14,2007 I I Consent Agenda I Old Business New Business I X I Public Hearing Other SUBJECT: Consideration of Transferring CRA Owned Property Located at NW 1zth Avenue at Below Market Value to Habitat for Humanity to Construct an Affordable Single-Family Residence SUlVIlVlARY: As part of the adopted HOB Work Program, the CRA has been actively acquiring vacant lots on the west side of Seacrest. The purpose of this activity is to develop affordable homes on formerly vacant lots in partnership with the private sector. It is expected that by transforming these vacant lots into affordable owner-occupied homes there will be a reduction of trash (these lots are often used as dumping grounds) and the tax base will increase. r To date the CRA has acquired 5 lots, three on Seacrest and two on NW 12th Avenue, The three lots on Seacrest have been transferred to the Boynton Beach Faith-Based Community Development Corporation. The CDC has submitted plans to the City for the construction oftbree homes. One lot on NW 12th Avenue was transferred to Habitat for Humanity and they have recently broken ground on a new home. On June 15th, the CRA published a legal notice of disposition for the remaining lot on NW 12th Avenue, One proposal was received from Habitat for Humanity. Habitat proposes building a 3/2 single-family home with a standing seam metal roof, impact windows and a one-car garage. The home will sell for under $100,000. Long-term affordability of the home is ensured tlrrough Habitats deed restriction. FISCAL IMPACT: The CRA purchased the lot for $70,000 in April of2007, Staff recommends that the Board sell the lot to Habitat for Humanity for $10,000 in exchange for getting upgrades to the home that include a metal roof, impact windows, one-car garage and enhanced landscape and design, RECOMMENDATIONS: r C:\Documenls and Setllngs\mellssaa\Local Setllngs\Temporary Internel Flles\OLK105\Public Hearing Pierre Lol To Habltal.doc r r .. r nrn ;:I,o\'" t'Al:it:. 02 r .. ~ 50uth Palm Benm county, Inc. ~ Habitat "" for Humanity@ July 13.2007 100 c. Linton Blvd., Suite 203A De/ray Beach, Florida 38483 (561) 819~6070 (561) 819-0173 Fax www.hfhboca. org 1E:r UIIJft4.t1l1uJfIld LEWOER Lisa A. Bright Executive Director Boynton Beach Community Redevelopment Agency 901 S. Federal Highway Boynton Beach, FL 33434 Re: Public Notice of Disposition of Real Property, Lots 390 and 391, Cherry Hills Dear Ms. Bright, Habitat for Humanity South Palm Beach has the ultimate goal to eliminate poverty housing and homelessness 11'olTI the face of the earth by building adequate and basic housing. r Furthermore, all of our words and actions are for the ultimate purpose of putting sheltel' on tbe hearts and min.ds of people in such a powerful way that poverty housing and hOI1"1.elessness become socially, politically and religiously unacceptable in our nat10ns and world, With this in mind, it is our expectation that with design changes to accommodate the City of Boynton Beach planning and icol1ing we can build the home you want to see for under $100,000. Enclosed is our proposal for tile vacant land identified as Lots 390 and 391, located at NW 12th Avenue between NW 4th Street and NW 5lh Street, in the Cherry Hills subdivision, Boynton Beach, Florida., for the construction of an affordable single family home. Attached are four elevations that we would consider placing on the aforementioned propClty. These are artistic renditions of what we would like to see as revitalization occurs with in the Heart of Boynton Beach. Habitat for HUl11anity finances the homes 1hrough donations and sells tile homes to the owner's interest ti'ce fbr up to 30 years. r Tha.Dl~ you for the opportunity. We look forward to working with your organization in the future. 81:l "rel ~~~d (l? , / b I 1 1E1 - . mp e. Executive Director nrn oro\." 1""1-\\:11:. l::l~ r Habitat for Human.ity South Palm Beach will meet o~ exceed the following construction guidelines: 18.2 Constructi.o'l ReQuirements. The following amenities are required in each home and must conform to or exceed City of Boynton Beach codes and regulations unless otherwise specified: r g. h. i. j. k. 1. m. n. a. Three (3/4) bedrooms with one (1) master bedroom. Depending on. the selected family size b, Two (2) full bathrooms including one (1) in the master bedroom. c. The master bedroom must be a minimum of 13'x 14' and must contain a walk-in closet. d. Doubl~ kitchen sink. e. Interior and exterior light fixture package. f. Ceramic tile in the entryway, kitchen and bathrooms; carpet elsewhere. Appliances must be new and inolude: .wash.er, dryer, range, range hood, garbage disposal, refrigeratol'~ and ceiling fans in all bedrooms and living room. Wiling for: alallD system, cable, internet and phone. Window treatments must be mini~b1inds or upgrade. Automated in-ground sprinkler system, including swale. One~car garage, Impact-resistant windows (Dade-County stan.dards). 5- V Crimp metal Roof Landscapin.g must exceed City of Boyntoll Beach code requirements. o. Overall design of each home must confirm to the design recommendations in the Heart of Boynton ("HOB") Community Redevelopment Plan and the HOB Master Plans and Schematic Designs. r (' r 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 "SELLER") and HABIT A T FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC. (hereinafter "PURCHASER"), having an address of 100 East Linton Avenue, Delray Beach, Florida, 33483, In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALEIPROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Property which consists of one parcel located in Palm Beach County, Florida (the "Property") and more particularly described as follows: See Exhibit "A" attached hereto r 2. PURCHASE PRICE AND PAYMENT, The purchase price (the "Purchase Price") to be paid for the Property shall be Ten Dollars ($10,00), receipt of which is hereby acknowledged, The parties agree that SELLER is conveying the Property to PURCHASER for the construction of one single-family home to be sold to a family or individual who earns below 120% of Median Household Income for Palm Beach County, SELLER has complied with Section 163.380, Florida Statutes, in proceeding with the sale of the Property to PURCHASER. 3. DEPOSIT. Not applicable, 4. EFFECTIVE DATE, The date of this Agreement (the "Effective Date") shall be the date when the last one of the SELLER and PURCHASER has signed the Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before August 31, 2007 (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. r 6. TITLE TO BE CONVEYED, At Closing, SELLER shall convey to PURCHASER, by Quit Claim 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) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment (as hereinafter defined) or shown on the Survey (defined in Section 7), to which PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. T:\DEVELOPMENT\Habitat for Humanity\Pierre\Purchase AgreementHH Pierre. doc PURCHASE AGREEMENT Page 2 of 11 r 7. INVESTIGATION OF THE PROPERTY. PURCHASER hereby acknowledges that the Property is being sold in "As Is" condition. Commencing upon the Effective Date hereof and expiring twenty (20) days thereafter, ("Feasibility Period"), PURCHASER, and PURCHASER'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents"), shall have the right, at PURCHASER'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 PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER'S sole and absolute discretion, to terminate this contract. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER 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 PURCHASER'S testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER'S testing and investigation. PURCHASER 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 PURCHASER (including, without limitation, any construction liens resulting therefrom) or r for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER'S investigation of the Property, PURCHASER'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. SELLER'S obligations under this Section shall not survive the termination, expiration or Closing of this Agreement. However, SELLER'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and SELLER does not otherwise waive its sovereign immunity rights, 7.1 Seller's Documents, SELLER shall deliver to PURCHASER 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, title policies, site plans, permits, licenses, governmental approvals, development plans, and other physical reports) in SELLER'S possession or control with respect to the physical condition ofthe Property, if any, r 7.2 Title Review, Within ten (10) days of the Effective Date, PURCHASER shall obtain, at the PURCHASER'S expense, from a Title Company chosen by PURCHASER (hereinafter "Title Company"), a title commitment (hereinafter "Title Commitment") covering the Property and proposing to insure PURCHASER in the amount of Seventy Thousand and 00/1 00 ($70,000,00) Dollars 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. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than twenty (20) days from the Effective Date hereof notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "PURCHASER'S Title Objections"), If PURCHASER fails to deliver PURCHASER'S Title T:\DEVELOPMENT\Habitat for Humanity\Pierre\Purchase AgreementHH Pierre. doc r r r PURCHASE AGREEMENT Page 3 of 11 Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities (without, however, any obligation to bring legal action or expend funds) to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'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 PURCHASER 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, PURCHASER 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, PURCHASER 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, PURCHASER, at PURCHASER'S expense and within the Feasibility Period, may obtain and review 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 7.2 concerning title objections. 8, CONDITIONS TO CLOSING. PURCHASER 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 PURCHASER in writing: 8,) 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 PURCHASER, 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, T:\DEVELOPMENT\Habital for Humanity\Pierre\Purchase AgreemenlHH Pierre.doc PURCHASE AGREEMENT Page 4 of II r requirements, licenses, permits and authorizations as of the date of Closing, 9. CLOSING DOCUMENTS. The SELLER 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 PURCHASER the following documents and instruments: 9,1 Deed. A Quit Claim Deed (the "Deed") conveying to PURCHASER 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 PURCHASER 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 PURCHASER 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, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall also r 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 Development Agreement. At time of closing, PURCHASER shall execute at closing the Development Agreement that outlines the responsibilities of the PURCHASER to the SELLER relative to the development of the Property. PURCHASER AND SELLER acknowledge that the Development Agreement shall be recorded simultaneous with the Deed. 9.6 Quit Claim Deed, At time of closing, PURCHASER shall execute a Quit Claim Deed to the Seller. The Quit Claim Deed is to be held by SELLER in the event that the PURCHASER fails to meet the terms of the Development Agreement. If the PURCHASER fails to meet the terms of the Development Agreement, SELLER, shall have the option of recording the Quit Claim Deed effectively reverting the Property to the SELLER, Upon successfully meeting the terms of the Development Agreement, SELLER shall return the Quit Claim Deed to the PURCHASER and all obligations between the parties shall be deemed to have been met. 10, PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES. r 10,1 Prorations. There shall be no proration of ad valorem taxes at closing for the Property, The SELLER is not required to pay ad valorem taxes for non-income producing property. T:\DEVELOPMENT\Habitat for Humanity\Pierre\Purchase AgreementHH Pierre.doc PURCHASE AGREEMENT Page 5 of 11 r 10.2 Closing Costs, SELLER shall pay for documentary stamps based on the purchase price of TEN DOLLARS ($10,00) 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 Purchaser, 10,3 Closing Procedure, PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein, SELLER and PURCHASER (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 PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records, 10.4 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property, 11. REPRESENTATIONS, COVENANTS AND WARRANTIES, 11.1 Seller's Representations and Warranties. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: r 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). 11.4 To the best of SELLER's knowledge, SELLER has received no notice from any government, agency, body or subdivision thereof, or any employee or official thereof, that there exists any violation of any law, ordinance, rule, regulation, order or standard, or that any investigation has been commenced or contemplated respecting any such possible violation. 11,5 SELLER is not aware, and has not received notice of any pending or contemplated condemnation proceedings affecting the Property, any easements, ingress ways, egress ways, roadways, access ways, servicing or benefiting the Property or any part thereof. f' 11.6 To the best of SELLER's knowledge, there is no litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would adversely affect (as to any threatened T:\DEVELOPMENT\Habitat for Humanity\Pierre\Purchase AgreementHH Pierre. doc PURCHASE AGREEMENT Page 6 of ] ] r' , litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property other than those disclosed in writing by SELLER to PURCHASER, 11.7 To the best of SELLER's knowledge, the Property is not subject to any deed restriction or declaration of restrictions running with the Property other than the Permitted Exceptions. 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 PURCHASER, subject to the provisions of Paragraph 12.3 below, neither PURCHASER 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 PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER, but not otherwise. r 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, PURCHASER may declare SELLER in default under this Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and neither Party shall have any further rights hereunder 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 Beach Community Redevelopment Agency Attention: Executive Director, Lisa A. Bright 915 S. Federal Highway Boynton Beach, Florida 33435 r T:\DEVELOPMENT\Habitat for Humanily\Pierre\Purchase AgreemenlHH Pierre. doc PURCHASE AGREEMENT Page 7 of]] r' With a copy to: James Cherof, CRA Attorney 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 If to Purchaser: Attention: Habitat For Humanity Mike Campbell 100 E. Linton Blvd, Delray Beach Florida 33483 With a copy to: Peter L. Blacklock, Esq. Elk Bankier Christu & Bakst, LLP 4800 N. Federal Highway, Suite 200E Boca Raton, FL 33431 r 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 PURCHASER, which shall not be unreasonably withheld. PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER. 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, PURCHASER may elect to terminate this Agreement and the parties shall have no further obligations under this Agreement, or PURCHASER 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. However, SELLER'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and SELLER does not otherwise waive its sovereign immunity rights. The provisions of this Section shall survive Closing or termination of this Agreement. r 17. ENVIRONMENTAL CONDITIONS. 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. T:\DEVELOPMENT\Habitat for Humanity\Pierre\Purchase AgreementHH Pierre. doc PURCHASE AGREEMENT Page 8 of 11 r' 18. MISCELLANEOUS. 18.1 General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by parties, This Agreement sets forth the entire agreement between the parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida, The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. r 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, r.... 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. T:\DEVELOPMENT\Habitat for Humanity\Pierre\Purchase AgreementHH Pierre.doc r (' r PURCHASE AGREEMENT Page 9 of ] I 18,6 Handwritten Provisions, Handwritten provisions inserted in this Agreement and initialed by PURCHASER and SELLER shall control all printed provisions in conflict therewith. 18.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER 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 PURCHASER 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 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 PURCHASER'S possession ofthe Property. 18.12 SELLER Attorneys' Fees and Costs, SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. SIGNATURES ON FOLLOWING PAGE T:\DEVELOPMENT\Habitat for Humanity\Pierre\Purchase AgreementHH Pierre.doc r . r r PURCHASE AGREEMENT Page 10 of II date. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective BUYER HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC, By: Print Name: Joe Santarella Title: President Date: Witnesses: Approved as to form and legal sufficiency: CRA Attorney SELLER BOYNTON BEACH COMMUNITY REDEVELOMENT AGENCY By: Print Name: Gerald Taylor Title: Chairperson Date: Witnesses: 1:\Client Documents\Boynton Beach CRA \2419-0 II \Misc\Purchase and Development Agreement for Parker Lots 11.30.06.doc T:\DEVELOPMENT\Habitat for Humanity\Pierre\Purchase AgreemenlHH Pierre. doc r-' r r Exhibit "A" Legal Description Lots 390 & 391, CHERRY HILLS, 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 4, Page 58. PCN: 08-43-45-21-14-000-3900 T:\DEVELOPMENT\Habitat for Humanity\Pierre\Purchase AgreementHH Pierre. doc r DEVELOPMENT AGREEMENT This Development 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 "SELLER") and HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC. (hereinafter "PURCHASER"), having an address of 100 East Linton A venue, Delray Beach, Florida, 33483, In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: I, Development and Sale of the Property, SELLER and PURCHASER acknowledge that the Property described in Exhibit "A" is being sold to PURCHASER for the sole purpose of developing, marketing and selling a single-family home to families whose income does not exceed 120% of median household income for Palm Beach County as set by HUD. r 2. Construction and Sale. PURCHASER agrees to construct one (1) single family home on the Property pursuant to the construction schedule and requirements provided herein. Such home may not exceed a sale price of One Hundred Thousand Dollars ($100,000,00), Such home must be sold to a first-time homebuyer (as defined by the City's SHIP guidelines) and must be owner occupied, 3, Construction Requirements. The following amenities are required in each home and must conform to or exceed City of Boynton Beach codes and regulations unless otherwise specified: a, Three (3) bedrooms with one (1) master bedroom, b, Two (2) full bathrooms including one (1) in the master bedroom, c. The master bedroom must be a minimum of 13'x 14' and must contain a walk-in closet. d, Double kitchen sink. e, Interior and exterior light fixture package. f. Ceramic tile in the entryway, kitchen and bathrooms; carpet elsewhere, g. Appliances must be new and include: washer, dryer, self-cleaning range, range hood, garbage disposal, refrigerator with ice maker and water line, and ceiling fans in all bedrooms and living room, r Page 2 of6 r h. Wiring for: alarm system, cable, internet and phone. 1. Window treatments must be mini-blinds or upgrade, J. Automated in-ground sprinkler system, including swale, k, One-car garage, 1. Impact-resistant windows (Dade-County standards). m, Standing seam metal roof. n. Landscaping must exceed City of Boynton Beach code requirements. o. Overall design of each home must confirm to the design recommendations in the Heart of Boynton ("HOB") Community Redevelopment Plan and the HOB Master Plans and Schematic Designs. r 4. Seller Design Approval. SELLER shall have the right to approve of the design of each home, Such approval shall not be unreasonably withheld and shall be provided in writing to PURCHASER within three (3) business days of receipt of final plans. 5. Development Timeline. The following events must be documented in writing and provided to the SELLER upon completion of each. Time is calculated from the Effective Date. a. Completion of construction documents within three (3) months (stamped plans shall be submitted to SELLER). b. Permitting and installation of project marketing sign (to include SELLER'S logo and board member names) and shall be pre-approved by SELLER within four (4) months, c. Homes must be marketed within six (6) months (copies of advertisements or other marketing materials to be provided to SELLER). e. Construction permit to be issued within seven (7) months (copy of permit to be provided to SELLER). f, Oroundbreaking ceremony to be coordinated with SELLER'S Marketing and Events Manager within seven (7) months. g, Commencement of construction within eight (8) months (photographs of site and/or written description of progress to be provided to SELLER), r' T:\DEVELOPMENT\Habitat for Humanity\Pierre\DEVELOPMENT AGREEMENT HH Pierre. doc Page 3 of6 r i. Qualification of Buyers within twelve (12) months (copy of private mortgage funding commitment and documentation proving buyers qualify to income limits as set above to be provided to SELLER). J. Certificate of Occupancy to be provided within eighteen (18) months, k, Homes must be conveyed to buyers within nineteen (19) months (copies of closing statement, proof of income qualification and executed deeds shall be provided to SELLER), r 6. Ouit Claim Deed. PURCHASER hereby agrees to execute a Quit Claim Deed to SELLER on the Effective Date. If the timeline outlined in Section 5 above is not strictly met, and PURCHASER has not provided SELLER with a written notification (after being notified in writing of same by SELLER) as to the reason explaining that circumstances not under the control of PURCHASER have prevented PURCHASER from meeting the timeline, then PURCHASER shall record the Quit Claim Deed and property shall revert back to the SELLER. SELLER agrees to work reasonably with PURCHASER in working within the timeframes set forth above, but PURCHASER and SELLER agree that time is of the essence. Furthermore, if each home is not sold to income-qualified buyers as defined herein, PURCHASER shall record the Quit Claim Deed and the property shall revert back to SELLER, If Property reverts to SELLER, SELLER shall complete the construction of the home and satisfy any outstanding construction loans held by PURCHASER and shall reimburse PURCHASER from the sale of the homes if there are sufficient funds at the time of sale. If the Property is developed and sold as outlined in this Agreement, SELLER shall return the Quit Claim Deed to PURCHASER 7, Recording of Agreement. _PURCHASER AND SELLER agree that this document shall be recorded in the Public Records of Palm Beach County, 8, MISCELLANEOUS. r 8.1 General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by parties. This Agreement sets forth the entire agreement between the parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida, The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida, T:\DEVELOPMENT\Habitat for Humanity\Pierre\DEVELOPMENT AGREEMENT HH Pierre.doc Page 4 of6 r 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, r 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 PURCHASER and SELLER shall control all printed provisions in conflict therewith, 18.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER 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. r 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, T:\DEVELOPMENT\Habitat for Humanity\Pierre\DEVELOPMENT AGREEMENT HH Pierre. doc Page 5 of6 r 18.9 Bindin(.!. Authority, Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER 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. 18.1 0 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 PURCHASER'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. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. BUYER SELLER HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INe. BOYNTON BEACH REDEVELOMEN AGENCY r By: Print Name: Gerald Taylor Title: Chairperson Date: By: Print Name: Joe Santarella Title: President Date: Witnesses: Witnesses: Approved as to form and legal sufficiency: CRA Attorney r T:\DEVELOPMENT\Habitat for Humanity\Pierre\DEVELOPMENT AGREEMENT HH Pierre.doc r Exhibit" A" L.egal Description Lots 390 & 391, CHERRY HILLS 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 4, Page 58. PCN: 08-43-45-21-14-000-3900 r F' ~1~qY~2lRA ~ East Side-West Side-Seaside Renaissance July 17, 2007 Kurt Bressner, City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach, FL 33425-0310 Re: Boynton Beach CRA Notification of Intent to Accept Redevelopment Proposal Dear Mr. Bressner: r Pursuant to Section l63.380(3)(a), Florida Statutes, this is to notify the City of Boynton Beach that the Boynton Beach CRA intends to accept the proposal of Habitat for Humanity of South Palm Beach by entering into an agreement to redevelop and transfer the property described as 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, which is located at N.W. 12th A venue no less than thirty (30) days from the date of this letter, Please contact me if you would like any additional information regarding the CRA's intention to accept the proposal for redevelopment and transfer of the above-described property, Sincerely, Lisa A, Bright Executive Director r 915 South Federal Highway Boynton Beach, Florida 33435 Ph: 561-737-3256 Fax: 561-737-3258 www.boyntonbeachcra.com r TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-073 Chair and Members Community Redevelopment Agency Board Michael Rumpf YJ).1-- Director of Planning and Zoning, ' Kathleen Zeitler J0 Planner August 7, 2007 Casa del Mar (SPTE 07-009) Site Plan lime Extension PROJECT DESCRIPTION Property Owner: Applicant I Agent: r location: Existing land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Uses: Acreage: Adjacent Uses: North: South: r Ocean Boulevard Properties, LLC Bonnie L. Miskel, Esq., Siegal, Lipman, Dunay, Shepard, & Miskel, LLP 2632 North Federal Highway (see Location Map - Exhibit "A'j Special High Density Residential (SHDR - 20 du/ac) Infill Planned Unit Development (IPUD - 20 du/ac) No change proposed No change proposed 42 fee-simple townhouse units and 40 multi-family (condominium) dwelling units (19.95 dwelling units/acre) 4.11 acres (179,130 square feet) Property designated Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD), approved for 30 townhomes and 40 condominiums at a density of 19.94 dwelling units per acre (under construction Peninsula at Boynton Beach project); Right-of-way for Dimick Road, and farther south at the intersection with Federal Highway, a vacant parcel designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3), and several single-family residences on the south side of Dimick Road that are designated Low Density Residential (LOR) and zoned Single-Family Residential (R-1AA); Page 2 Memorandum No. PZ 07-073 Casa del Mar SPTE 07-009 r East: The Intracoastal Waterway (ICWW) to the northeast, and to the southeast right- of-way for Lake Drive, and single-family residences on the east side of Lake Drive that are designated Low Density Residential (LDR) and zoned Single-Family Residential (R-1AA); and, West: Right-of-way for Federal Highway, and FEC Railroad, then farther west across Federal Highway, the Crossings PUD designated High Density Residential (HDR) and zoned Planned Unit Development (PUD). BACKGROUND Ms. Bonnie Miskel, Esq., agent for Ocean Boulevard Properties, LLC (property owner) is requesting a one (1)-year site plan time extension for the Casa del Mar Site Plan Development Order (NWSP 06-015), which was approved by the City Commission on July 18, 2006. The site plan approval is valid for one (1) year from the date of approval. If this request for a one (1)-year time extension were approved, the expiration date of this site plan, including concurrency certification would be extended to July 18, 2008. (At the time of site plan approval in July, 2006 the regulations allowed a total of one (1) year to secure a building permit; however, the regulations have since been revised to allow a total of 18-months to secure a building permit). r The subject property is located within the Federal Highway Corridor Community Redevelopment Plan Study Area I. According to the original site plan staff report, the proposed Casa del Mar project is an Infill Planned Unit Development approved for 42 fee-simple townhouse dwelling units and 40 multi- family (condominium) dwelling units. The project has been approved for the following: a Land Use amendment (LUAR 06-018) from Local Retail Commercial (LRC), High Density Residential (HDR), and Low Density Residential (LDR) to the Special High Density Residential (SHDR - 20 dujac) classification; a Rezoning (LUAR 06-018) from Community Commercial (C-3), Multi-Family Residential (R-3), and Single- Family Residential (R-1AA) to Infill Planned Unit Development (IPUD) zoning district; a new Site Plan (NWSP 06-015); and a Height Exception (HTEX 06-007). The 82 units are proposed in one (1) phase on the 4.11-acre site (see Site Plan - Exhibit "B"). The 42 townhouse units are proposed within 11 separate buildings consisting of three (3) to four (4) units each. According to the floor plans, all proposed townhouse buildings are three (3) stories, and each unit includes three (3) bedrooms, three and one-half (3.5) bathrooms, and a two-car garage. The floor plans propose several townhouse models ranging from 2,758 square feet to 2,984 square feet. A four-story, 40 unit condominium building with an under-story parking garage is proposed on the east portion of the subject property. Each floor would have a total of ten (10) condo units, and each unit would consist of two (2) bedrooms, two (2) baths, plus a den. The recreation area would be located at the eastern portion of the development overlooking the Intracoastal Waterway. It would include a swimming pool and a 1,348 square foot clubhouse building with restrooms, a kitchen, multi-use space, and lanai for the use of the residents and their guests. r The design of the proposed townhouse buildings and clubhouse will resemble Spanish style architecture with slate roof tiles, wooden outlookers, balconies, trellises, and arched doorways and windows. The condo building will resemble a mixture between a Spanish-Mediterranean style and a modern design, with many of the same features. The exterior walls of the buildings would consist of the following colors: peach, cream, yellow, and white. Page 3 Memorandum No. PZ 07-073 Casa del Mar SPTE 07-009 r The adjacent property to the north (Peninsula at Boynton Beach) has been similarly rezoned to IPUD and approved for a total of 30 townhomes and 40 condominiums. Both projects require a perimeter landscape buffer along their common property line which includes the requirement for a six (6) foot masonry wall within each buffer. The Casa del Mar project was approved with a condition of approval which states as follows: "Staff recommends working with your neighbor to the north (Peninsula) to utilize their perimeter wall rather than building one immediately adjacent to it". These forthcoming adjacent IPUD's will provide an opportunity for redevelopment in a highly visible entrance corridor to the City. ANALYSIS At the time of site plan approval for the Casa del Mar project, the Land Development Regulations stated that the applicant shall have one (1) year to secure a building permit from the Development Department. This site plan expiration provision has since been revised to allow a total of 18-months to secure a building permit. 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 a site plan time extension on July 12, 2007, a total of six (6) days prior to the expiration date of the new site plan (see Exhibit "C"). r According to the justification submitted for the requested time extension, the applicant lists the following accomplishments as demonstrating their "good faith" efforts in securing a building permit for the project: (1) purchase of the property in January, 2007; (2) obtained a Statewide Programmatic General Permit (SPGP); (3) filed a joint application with the South Florida Water Management District (SFWMD) for a State Environmental Resource Permit (ERP) to allow dredging and filling within the Intracoastal Waterway; (4) filed an amendment to the ERP to include docks; and, (5) responded to SFWMD's request for additional information in March, 2007. The applicant explains that the state review process is lengthy and obtaining permits for this location requires the review of several state agencies. The applicant further explains that an application for a building permit will be submitted after obtaining all the necessary state permits. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. The Palm Beach County Traffic Division approved the traffic study for the Casa del Mar project based on a total of 82 proposed residential units. Based on the Traffic Division's review, it has been determined that the project is located within the Coastal Residential Exception Area of Palm Beach County which exempts residential units from traffic concurrency requirements, and the project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued after the build-out date of 2008. r The site plan time extension is still subject to the original 74 conditions of site plan approval. Lastly, no new land development regulations are now in place against which the project should be reviewed and modified. As for application of the Art in Public Places ordinance (05-060), this project is not exempt, as the new site plan request was filed and under review after adoption of Ordinance 05-060 on October 5, 2005. Therefore, the project must comply with Ordinance 05-060 as stated in the original conditions of site plan approval. r r r Page 4 Memorandum No. PZ 07-073 Casa del Mar SPTE 07-009 SUMMARY I RECOMMENDATION Staff recommends approval of this request for a one (l)-year time extension of the site plan (NWSP 06- 015) for the Casa del Mar project. If this request for extension were approved, the expiration of this site plan, including concurrency certification, would be extended to July 18, 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 Federal Highway Corridor Community Redevelopment Plan toward greater residential uses in this area and economic revitalization. The proposed Casa del Mar project will provide an opportunity for redevelopment in a highly visible entrance corridor to the City, increase the value of adjacent and nearby properties, and contribute to the overall economic development of the City. If this request for site plan time extension is approved, all outstanding conditions of approval from the original site plan must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "0"). S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\SPTE 07-009\Staff Report.doc r r r Exhibit "A" -Site Location Map Casa del Mar .......--........'. I , - . , , 125 250 375 500 I Feet N ..' s 12562,5 0 I"""-~- ... I- r~ r {; m ~ '" - ~ m - '" - ~ m '"'ll roo > Z ~ r ! ! ! ! ! ! ! , ~ ~~~~;~~f~ """'1.. Q IIIII11 ~ 11111"~ .~..:.E~ ......1 IIlili1i!I'1ll1l!ll!/llllil' IIIIIIII i ! 111111111111111 ! ill! Iii I!fll II, ill It II: i,"I: .tl~. 1.,1 I I '" , 111:1: II .1. III III Iii I II' Ilh 'lll ii" I., II t '!II Ii;! I = if: If ! I l " ,. ..iK ~~:I II q 1 s j I II ,. in 'Ii! :.1 ;C! p. I: ;' I ! ~ il . EXHIBIT "B" - FLORID" .~_ -.;)J' COAST RAluto.w u.s. J STATE Ro..(J) 6 ('.uu.csu l'1JInr .,..._ ___ .;;:::-or-r.. Y) .....Q.. , -- (''I .QE) .L ~ r- It~11 · ~ ~~isT ij"lfll ' / ~ I r- 11<<1 11 "lD' \ , ij"lm ~ ~ I ~.. 'll' ~ !ilil 'tI ~ 11 1. glh~ .~ ~t~' I II "f-' JII "!-ffl It ~ ~ 'ir II. ~ ll~ I:.., i!U! i:~ ~ !i._~ '- ~1~ ( I a ~ .::! /' ~ 1 It 'I~ ' . 'ir ( ! . ~ II -y- ,I 1111.-- h-~ . 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JaB I c ....,...,......-......~.~~--~..........--... ......................"--&...........-..~...--..IM't............'I'IOI"Id.WftMOV!''I'ICI..''''''''-''"-CDIIIItft'.___~1NC. L .J ( \ ( -\ SIEGEL, LIPMAN, DUNAY, SHEPARD & MISKEL. LLP EXHIBIT "e ,.... GARY S. DUNAY KENNETH W. LIPMAN BONNIE MISKEL ..JONATHAN L. SHEPARD CARL E. SIEGEL THE PLAZA . SUITE 80 I 535S TOWN CENTER ROAD BOCA RATON, FLORIDA 33486 (561) 368-7700 FAX: 156 I) 368-9274 WWW.SLDSMLAW.COM LINDA B. LYMAN July 5, 2007 (~:.:::,-. --: '.. . . . if 0,1 (-:. ~ 'I <" I Ju i JUl. 1.2 2007 . l___.___ j PlA!.;j\i:,,:": :.iiD -- lON: ii~')]i PI --. Mike Rumpf, Director Planning & Zoning City of Boynton Beach P.Q, Box 310 Boynton Beach, Florida, 33425-0310 RE: Time extension for Casa Del Mar rProject") Dear Mr, Rumpf: r The purpose of this letter is to request a time extension for the approved Casa Del Mar project (NWSP # 06-015) located on North Federal Highway. This project was approved for the development of 82 condominium units on a 4.11 acre parcel in the Infill Planned Unit Development (IPUD) zoning district. This project was originally approved on July 18, 2006 and will expire on July 18, 2007. We respectfully request an extension of one year to July 18, 2008, A timeline for the steps taken thus far to receive appropriate approvals prior to filing for a building permit with the City is as follows: · Filed a Request for Exemption and Statewide Programmatic General Permit (SPGP) on June 9, 2006. · Received SPGP on July 7, 2006. · Filed with the South Florida Water Management District (SFWMD) a Joint Application for Environmental Resource Permit I Authorization to use State owned submerged lands I Federal dredge and fill permit with the Florida Department of Environmental Protection I Water Management Districts I U,S. Army Corps of Engineers (ERP) on November 15, 2006. · Filed an amendment to above ERP to include docks on December 13, 2006. · First Request for Additional Information (RAI) from SFWMD dated December 13, 2006. · Supplemental RAI from SFWMD January 12,2007. · After meeting with SFWMD filed response to RAI on March 5, 2007. · Second RAI from SFWMD on April 6, 2007. Since the last RAI, the applicant has had several discussions and two site visits with SFWMD and are in process of scheduling a 3rd site visit with SFWMD before making a formal response. Please see attached documentation verifying above information. Additionally, it should be noted that the current property owner took title of the property r' in January 4, 2007. Unfortunately, the state review process is lengthy and obtaining ..... ~. r permits requires the review of several state agencies. It is the applicant's intent to file for building permit and develop the Project once the above mentioned permits have been awarded. The applicant believes that the above demonstrates that a good faith effort to advance the project has been made. Again, we respectfully request favorable consideration of this request. If you have any questions or concerns regarding this letter, please do not hesitate to contact me at (561) 237-1537. Sincerely, &;J~M Bonnie L. Miskel, Esq. Siegel, Lipman, Dunay, Shepard, & Miskel, LLP r r S lEG E L, LIP MAN. DUN A y, 5 H E PAR D & MIS K E L, L L P (-... GARY S. DUNAY KENNETH W. LIPMAN BONNIE. MISKEL .JONATHAN L. SHEPARD CARL E. SIEGEL THE PLAZA. SUITE 80 I 5355 TOWN CENTER ROAD BOCA RATON, FLORIDA 33486 (561) 368-7700 FAX: (561) 368-9274 WWW.SLDSMLAW.COM LINDA B. LYMAN July 23, 2007 ~~. l-JUL L , j . t~~ OF DE\lELOPME.Nl \ OEPARtlAENT Kathleen Zeitler Planning & Zoning City of Boynton Beach P.O. Box 310 Boynton Beach, Florida, 33425-0310 RE: Additional information regarding time extension request for Casa Del Mar ("Project") Dear Ms, Zeitler: r As per your request for additional information relating to the time extension request for the Casa Del Mar project. You had requested additional information related to verification of any fees paid (utility reservation fees, etc.), copies of construction drawings ready for submittal, anticipated approval dates for state permits, and anticipated dates for initial submittal of building permits. Unfortunately, .the applicant has not paid any fees or finalized the construction drawings for the project as .they are waiting to finalize the marina permitting. The marina will be-a major componerit of how the project will be marketed to potential buyers of the 'residential units, The applicant feels that the marina, and boating lifestyle that go with that, is the site's unique feature and the applicant does not want to advertise for a boating community with docks prior to receiving approval and permits for the Project. The applicant expects to receive the permit from the South Florida Water Management District sometime this fall and intends on submitting for construction and building permits approximately 4 to 6 months afterwards. If you have any questions or concerns regarding this letter, please do not hesitate to contact me at (561) 506-9008, 7;:J J' Lauren Lend~ Siegel, Lipman, Dunay, Shepard, & Miske', LLP r r r r EXHIBIT "D" Conditions of Approval Project name: Casa del Mar File number: SPTE 07-009 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: 1. The site plan time extension shall be subject to all previous Conditions of Approval. . r . r' r- Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. To be determined, ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I I I S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\SPTE\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA r PROJECT NAME: Casa del Mar APPLICANT'S AGENT: Bonnie L. Miskel, Esq., Siegel, Lipman, Dunay, Shepard, & Miskel, LLP APPLICANT'S ADDRESS: 5355 Town Center Road, Suite 801, Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 4, 2007 TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension to construct 42 fee- simple townhouse units and 40 condominiums on 4.11 acres in the IPUD zoning district. LOCATION OF PROPERTY: 2632 North Federal Highway (on the east side of U.S,1, north of Dimick Road), 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. r 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 "D" 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 r DATED: City Clerk J:\SHRDA T A\Planning\SHARED\WP\PROJECTS\Casa del Mar\SPTE 07 -009\DO.doc r DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 07-072 (Rev.) FROM: Chair and Members Planning & Development Board Community Redev~or~t Agency Board Michael VV, Rumpf~ Director of Planning and Zoning TO: DATE: July 16,2007 RE: CODE REVIEVV / CDRV 07-003 Accessory Buildings - Open-air pavilions (i.e. gazebos, tiki and chickee huts, etc.) (Interim amendments to LDRs) r NATURE OF REQUEST Staff is proposing amendments to the Land Development Regulations intended to add regulations and provisions that address current deficiencies in Chapter 2, Zoning, Section 4.B. Accessory Buildings, Currently, there are no specific regulations/provisions applicable to those accessory structures that staff has labeled "open-air" struotures pavilions, which include such improvements as pavilions, gazebos and tiki or chickee huts. The proposed amendments would include maximum area and height criteria, and special minimum setbacks. BACKGROUND The City's setback regulations are tailored to types of improvements, which are generally categorized as "principal buildings", "accessory buildings", and "other structures". The category "accessory buildings" is divided to distinguish between typical detached garages for residential units, and small storage structures such as sheds. Lastly, "other structures" include subordinate elements that may be attached to, or separate from the principal or accessory structure, and include for example antennas, awnings, basketball equipment, fountains and trellises. Such structures are significantly less in height and mass than a principal structure, therefore warranting lesser setbacks than the minimum setbacks applicable to a principal structure. Recently, it has been determined necessary to add provisions for a type of structure that has been excluded from the categories described above, which has, in part, caused the lack of appropriate review and processing of such improvements. Also contributing to the deficient or inconsistent handling of these improvements is the exemption from local building permit requirements. Florida Statutes, r' Chapter 553.73 exempts "chickee huts" from the requirements of the Florida Building Code. . Simply stated, Florida Law exempts these improvements from the Building Code and permitting requirements ifthe following criteria are met: 1) The chickee huts are constructed by either the Miccosukee or Seminole Indian Tribes; CDRV 07-004 8/3/2007 r Page 2 2) The improvement is an open-sided wooden hut (i.e, detached from the principal or accessory structure); 3) The hut includes a thatched roof of palm or palmetto or other traditional materials; and 4) The structure excludes any electrical, plumbing, or other non-wood features, Despite the exemptions described above, state law does not exempt such improvements from zoning regulations, and therefore, they are subject to local setback requirements. However, by virtue of the permit exemption, the public may overlook, or be discouraged from identifying other applicable city requirements. Historically, such improvements may have been small in size, which allowed for the occasional application of the provisions and setback restrictions applicable to storage sheds. In the absence of specific regulations tailored for such structures, they may be mislabeled as an "accessory building", allowing minimal separation from "principal buildings" and property lines. PROPOSED AMENDMENTS r Existing regulations As noted above, due to lack of the building permit requirement and specific zoning provisions, regulation has been inconsistent to non-existent, typically relying upon the same setback regulations designed for storage sheds. Proposed regulations The purpose of the code amendment would be to establish a definition for this group of structures, add these structures under "Other Structures" within the City's Zoning Regulations, provide for setback provisions, and lastly, establish a review procedure to ensure compliance with both local and state law. As such, staff proposes the following regulations: Definitions- Oven-air vavilion (Gazebo. Tild Hut. Chickee Hut, etcl - A detached ancillary structure, open on all sides, with a vartial to full roof covering of some type, used for but not be limited to, recreation, entertainment, or meditation purposes, Such structures shall include but not be limited to gazebos: tiki. chickee or child huts: tea houses: or other like vavilions. Chickee or Child Hut (::i.k.a. Tild Hut) - A type of "open-air structure vavilion" that is specifically described as an open-sided wooden hut with a thatched roof of palm or palmetto or other traditional materials, constructed by a member of the Miccosukee Tribe of Indians of Florida or by the Seminole Tribe of Florida, and does not incorporate any electrical, plumbing, or other non-wood features into its construction, This type of structure is specifically defined pursuant to the review and approval consistent with Florida Law. r Permitting and regulations- 1, All proposed open-air pavilions including "chickeelchiki" huts to be constructed in the City must be permitted. 2. The following documents must be submitted when applying for a permit for an "chickcc" oven-air pavilion hui: r CDRV 07-004 8/3/2007 Page 3 a) A completed permit application; b) A site plan or survey that indicates the location of the proposed structure and the distance from the rear and side property lines, and other structures on the same site; and c) If applicable, proof that the person doing the construction is a member of the Miccosukee or Seminole Tribe of Florida. This shall be a copy of the tribal members identification card. . 3. In single-family and single-family/two-family residential zoning districts, all "chick.cc/chiki II open-air pavilion hut which does not exceed one-hundred and fifty (150) square feet in floor area and twelve (12) feet in height, measured at the 'mean roof height for sloped roofs, shall be located with the following minimum setbacks: a) The side setback shall be allowed to follow the existing wall of the principal building provided it does not further encroach into the setback or shall meet the minimum side setback requirement, whichever is least restrictive; and b) The rear setback shall be eight (8) feet, however in instances where the rear yard abuts a body of water, golf course, park, interstate or railroad right-of-way, commercial/industrial property, or the perimeter wall of a development abutting other than residential property, the rear setback may be reduced to three (3) feet. r In addition, the proposed structure must be located a minimum of three (3) feet from any principal, accessory or other buildings and structures on the property. For all cases in which the total square footage of one or more t1 open-air pavilions tffltgie structure or combinatien of such structurcs exceeds one-hundred and fifty (150) square feet of floor area, or exceeds twelve (12) feet in mean roof height, the building setbacks of the zoning district in which it is located shall apply. In no instance shall the structure be located in front of the principal building, in a utility or drainage easement, or in a required landscape buffer, 4. In Planned Developments, the regulation of these structures shall be in accordance with the approved Master/Site Plan. If the Master/Site Plan is silent relative to these accessory structures, their installation shall only be in conformance with the approved building setbacks noted on the Master/Site Plan. 5, The installation of such structures in multi-family residential, mixed use, and commercial/industrial zoning districts shall meet all building setback regulations for the zoning district in which it is located. In addition, the proposed structure must be located a minimum of twenty-five (25) feet from the principal building(s) on the property and from another such structure. The City shall consider other distances calculated by a licensed Fire Protection Engineer in accordance with NFP A 80A Protection of Buildings from Exterior Fire Exposures, r 6. The square foot area shall be determined from the dimensions taken from inside the support posts, provided the roof overhang does not exceed three (3) feet. For those structures that are supported by a single pole (i.e. umbrella shape), the area measurements shall be the taken from the drip line of the roof structure. r CDRV 07-004 8/3/2007 Page 4 7. Upon completion of the work, the permit applicant shall schedule an inspection to verify the location of the structure, Existing improvements As is always the case, the potential exists to create non-conforming situations anytime new or more restrictive code amendments are enacted. As such, staff proposes the following regulations: ], All "chickeelchiki huts" constructed prior to the adoption of these regulations, within single- family and single-family/two-family residential zoning districts without the benefit of a permit and not in compliance with the regulations noted herein, shall be considered non-conforming structures as defined in the City of Boynton Beach Land Development Regulations and are required to obtain a permit from the City to retain such non-conforming status; 2. Structures in all other zoning districts and/or structures that do not meet the definition of a qualifying "chickee/chiki hut" shall be subject to the requirements of all applicable codes including the Florida Building Code, City of Boynton Beach Land Development Regulations and the Florida Fire Prevention Code; 3. Those existing structures which fail to meet the permitting requirements must be brought into compliance or removed; and (-.. 4. Failure to obtain compliance with the codes will subject the owner of the property to Code Enforcement action to obtain compliance, RECOMMENDATION Staff recommends that these proposed amendments to Land Development Regulations, Chapter 2. Zoning, Section 4.B. Accessory Buildings be approved, in order to provide staff and the citizens with a clear set of definitions and regulations to accommodate open-air pavilions, and in particular chickee/chiki huts. MR/EB 1'....... S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\07-004 Open-air pavilions, gazebos, tiki or chickee huts.doc (....... DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 07-005 TO: Chair and Members Planning & Development Board Community Redev~~~~~n~ Agency Board Michael W. Rump~ Director of Pia]' g and Zoning Quintus Greene ~V Director of Dev ~ment July 19,2007 CODE REVIEW - CDRV 07-005 Mobile Vendors (Interim amendments to LDRs) FROM: THROUGH: DATE: RE: /'.... NATURE OF REQUEST The City Commission has directed staff to prepare for consideration, amendments to the Land Development Regulations to accommodate mobile vendors. The directive was prompted after awareness that the operators of a local convenience store had an agreement for on-site preparing and selling of barbecued meats, There are currently no zoning regulations for such "mobile vendors", and therefore they have been construed as prohibited. The only related regulations currently apply to sidewalk cafes (i.e. restaurant seating placed within the right-of-way), or the provisions specifically for the Shoppes of Woolbright PCD allowing one (1) vendor cart as approved through the use approval process. With respect to business approvals, the city does allow those businesses that are actually "mobile", such as food caterers including ice cream trucks, car washing/detailing, vending machine venders, and other like businesses that do not operate from a single or fixed location. However, this type of business is not regulated by zoning regulations. The proposed amendment is comprehensive, in that it includes definitions, location restrictions, review and approval procedures, and operational rules, The proposed amendment would also accommodate/regulate street vendors that involve the sale of merchandise (including food), provide limited personal services, and clean and detail vehicles. These interim (prior to adoption of the LDR rewrite) regulations are proposed to be placed within a new section of Chapter 2. Zoning, of the Land Development Regulations (Chapter 19) (see Exhibit "A"), (" BACKGROUND As indicated above, the city currently has no provisions applicable to mobile vendors, which are (.... also referred to as "street vendors" or "sidewalk vendors", The author of a. 2002 PAS Report published by the American Planning Association, describes such uses as often being "under the radar" with respect to local zoning regulations. In contrast, it is also possible that such uses are over-regulated due to the potential to reduce sidewalk passages, generate waste that contributes to unsightliness of a downtown, or compromise public safety. Lastly, such uses are typically characteristic of central cities and other intense activity centers. The objectives applied in drafting the subject amendments include: · Establishment of clear and concise regulations; · Ensuring protection of public health and safety, with particular emphasis on food preparation and waste; · Providing for limited flexibility, and appearance consistent with affected properties; · Acknowledgement of existing businesses and the importance of equality; and · Preventing proliferation and potential nuisances, PROPOSED AMENDMENTS The proposed amendments to the zoning regulations are attached as Exhibit "A", and described below as organized according to the principal sections of the subject regulations, Definitions: If the subject regulations are supported by the Commission, it is necessary to include numerous r~ definitions for clarity and enforcement purposes, The majority of the proposed terms relate specifically to the handling and vending of food, Also notable are the definitions for "Merchandise", "Mobile vending unit" and "Services". By virtue of the definition, the types of merchandise are limited to art, small personal items, cell phones or other similar electronics and recordings, small appliances, medicines, and books/magazines. With respect to "services", the proposed regulations are limited to 1) personal services including hair braiding, personal portraits, and body art; 2) the cleaning and detailing of vehicles; and 3) the repair and/or refinishing of small household goods and tools (i.e. jewelry, knives, utensils, dishware, etc,). Lastly, the terms include a definition indicating the different zoning districts where the eligible vendors are permitted. Application Process & Rules: The proposed text amendment assigns administration responsibility to the Planning & Zoning Division; describes all application and eligibility requirements; and establishes authority for approval with the Planning & Development and Community Redevelopment Agency Boards. The approval would be for one (1) year and could be renewed through an administrative process, Appearance and Location Restrictions: The staff review and reporting of the applications filed under this process would include a simple analysis of the proposed cart and equipment to be used by the appliCant, and confirmation that the proposed location complies with the requirements, With respect to design and appearance, for uniformity, staff proposes that each mobile vendor cart (MVU) be restricted to a specific r location and be of materials and colors that are consistent with the surrounding environment. Staff has included illustrations of typical MVUs that would generally comply with the requirements described herein (as related to the sale of merchandise and providing personal services), and recommend that they accompany the implementing ordinance as a guide for ultimate applicants and staff (see Exhibit "B"), r To preserve safety and flow along public walks and rights-of-way, the review criteria also include consideration for sidewalk width, existence of street furniture or other elements and obstructions, circulation design and patterns. With the vending cart in place, the sidewalk passage shall not be reduced below four feet in width. The proposed ordinance also minimizes the concentration of such activities, or potential nuisances and unjust competition by a minimum distance separation of 100 feet between vendors, a minimum separation of 300 feet from selected gathering places involving children and religious worship, and a minimum distance separation of 300 feet from a fixed commercial business that sells or provides similar merchandise or services. General Restrictions: Additional rules and restrictions are also proposed, and a few of particular interest are summarized below: *The maximum area allowed to be occupied by a MVU that is used for the sale of merchandise (or food) or providing personal services would be 72 square feet. However, the maximum space allowed for MVUs used for vehicle cleaning would be regulated more subjectively, being limited to that space which is necessary to reasonably perform the necessary service, *The maximize size of a MVU used for the sale of merchandise (including food) or to provide personal services would not exceed 48 inches wide, 96 inches long, and 84 inches high overall. r..... * All merchandise and food must be displayed from the MVU, and all signage must adhere to the maximum allowed height, and be displayed from, or lean against the MVU, * All MUVs used in accordance with this ordinance must be removed daily, and specifically, no MVU is allowed to remain in place between the hours of midnight and 6:00 am, Revocation of Approval: The proposed regulations conclude with the reasons and process for revocation of a permit issued for a MVU. An appeals process is also proposed, which is only considered by the City Commission after the necessary processing by city staff. RECOMMENDATION Staff recommends that these proposed amendments to Chapter 2. Zoning of the City's Land Development Regulations be approved. Any changes recommended by the advisory boards and approved by the City Commission will be incorporated into the final ordinance. Staff also recommends that future evaluations be conducted during the initial application of this ordinance to confirm that its affects contribute positively to the city's image and vision, and that its benefits out-weigh any related costs. r Attachments MR S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\07-005 Mobile Vendors.doc EXHIBIT A 1".... DRAFT ORDINANCE NO, AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA ESTABLISHING REGULATIONS FOR MOBILE VENDORS. PURPOSE The purpose of this ordinance is to provide for the regulation of street and sidewalk vending activities in certain commercial and mixed-use zoning districts of the City, in order to more fully promote the public interest by contributing to an active and attractive pedestrian environment. In recognition thereof, reasonable regulation of street and sidewalk vending is necessary to protect the public health, safety, and welfare and the interests of the City in the primary use of public streets and sidewalks for use by vehicular and pedestrian traffic, It shall be unlawful for any person, firm, corporation, or association to engage in or carry on the business of vending food, goods or services, upon private property or the public ways of the City of Boynton Beach without first having secured a permit or permits as required by this ordinance. It is not the intent of these regulations to be applied to mobile vendors temporally approved in conjunction with a special event. ('..... DEFINITIONS For the purpose of implementing and interpreting this ordinance, the following definitions shall apply: Adulterated shall mean the condition of a food that bears or contains any poisonous or deleterious substance or has been processed, prepared, packed or held under unsanitary conditions, whereby it may have become contaminated with filth, in a quantity which may render it injurious to health. Approved manner shall mean that method of dealing with waste, solid or liquid, which comports with adequate sanitation methods as established by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation. Approved source shall mean a licensed food processing establishment considered satisfactory by the health director and serving food products which are clean, wholesome, free from adulteration or misbranding and safe for human consumption, Commercial or Mixed-Use Zone shall mean any property which is presently or hereafter zoned C-2, C-3, C-4, CBD, PCD, SMU, MU-L 1, MU-L2, MU-L3 and MU-H or any commercial or mixed-use zoning districts subsequently adopted by the City of Boynton Beach. r Commissary shall mean a food processing establishment or food service establishment approved by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation in which food, containers or supplies are kept, handled, prepared, packaged or stored for transportation by mobile vendors, 1 ,... Corrosion resistant material shall mean a material which maintains its original surface characteristics under prolonged. influence of food, cleaning compounds, bactericidal solutions and other conditions-of-use environment. Easilv cleanable shall mean that surfaces are readily accessible and made of such material and finish and so fabricated that residue may be effectively removed by normal cleaning methods. Food shall mean any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption. Food handler shall mean a person, certified by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation, engaged in the preparation, handling or vending of food. Food vendor shall mean any person, group of persons, firm or corporation who individually or by or through an agent or employer, offers for sale, sells, attempts to sell, exposes for sale or gives away any food intended for human consumption from any vehicle or by a person afoot. Label shall mean a display of any written, printed, or graphic matter upon the immediate container, not including package liner, of any prepackaged article in accordance with state law. Liquid waste shall mean fluid, resulting from wastes produced from food vending I" ..... operations, composed of solids, whether dissolved or in suspension; liquids, whether in solution, in emulsion or in separate phases; and gases, The term shall also include melted ice, Merchandise shall mean items of clothing, jewelry (including timepieces), photos, artwork, housewares, flowers, plants, landscape materials, carpets, phones and accessories, small appliances, medicines, personal care items, books and/or magazines as well as audio or video recordings, tapes, discs or other media. Mislabeled and misbranded shall mean the presence of any written, printed or graphic matter upon or accompanying any food or container of food which is false or misleading and which is not presented in the English language as stipulated by the Food and Drug Act, Title 21, Chapter 1-101,15 or which violates any applicable federal, state or local labeling requirements. r Mobile vendinQ unit (MVU) shall mean any movable cart, trailer, or other vehicle that is operated from an established location, from which food, flowers, and other merchandise and services, as well as non-alcoholic beverages are provided to the public with or without charge; except, however, that the provisions of this ordinance shall not apply to mobile caterers or service providers, generally defined as a person engaged in the business of transporting, in motor vehicles, food, beverages, or service equipment to residential, business, and industrial establishments pursuant to prearranged schedules, and dispensing from the vehicles the items or services at retail, for the convenience of the personnel of such establishments 2 (-... Perishable food shall mean food, including shelled eggs, of a type or in such condition that it will become adulterated unless kept at a temperature which will maintain product quality and wholesomeness. Permit shall mean a license to operate a mobile vending unit which shall be issued by the Planning and Zoning Division of the City's Department of Development for a stated fee and shall be carried by a vendor or food handler at all times while vending. Potentially hazardous food shall mean any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor-free shell eggs or foods which have a pH level of 4.5 or below or a water activity (AW) value of 0.85 or less, Public ways shall mean and include all portions of public streets, alleys, sidewalks, trails and parking lots of the City of Boynton Beach and, in addition, shall include privately owned streets, roads, alleys, sidewalks, trails, and parking lots that are provided for public use or access. Safe temoeratures. as applied to potentially hazardous food, shall mean temperatures of forty-five (45) degrees Fahrenheit (seven (7) degrees Celsius) or below, or one hundred forty (140) degrees Fahrenheit (sixty (60) degrees Celsius) or above and zero degrees Fahrenheit (minus seventeen (17) degrees Celsius) or below for frozen food storage. Sanitize shall mean effective bactericidal treatment of cleaned surfaces of equipment I" .... and utensils by a process which has been approved by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation as being effective in destroying microorganisms including pathogens. Services shall mean personal services to include portraits, body art, and hair braiding; the cleaning and detailing of vehicles including automobiles, trucks, vans, and motorcycles; and repairing household goods, tools, and equipment. Sin ale service articles shall mean cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks and similar articles intended for one-time, one-person use and then discarded. Sticker shall mean a decal issued by the Planning and Zoning Division of the City's Department of Development that is numbered and has the month and year of the expiration date of the permit which shall be displayed on the mobile vending unit. Utensil shall mean any implement used in the storage, preparation, transportation or serving of food, Vehicle shall mean every device in, upon, or by which any persons, food or other commodity is or may be transported, pushed or drawn. Wholesome shall mean in sound condition, clean, free from adulteration and otherwise suitable for use as human food. (.... 3 r APPLICATION REQUIREMENTS Applications for a permit shall be filed at the Office of the Planning and Zoning Division of the City's Department of Development. Such application shall contain all the information required below, along with the current non-refundable fee, to qualify for the permit. A decision to issue a permit will be based, in part, on this information, other applicable ordinances, and other requirements as may be set forth herein. The applicant must satisfy the following requirements before a vending permit can be issued: a) Submit the name and home and business address of the applicant, and the name and address of the owner, if other than the applicant, of the vending or mobile vending unit to be used in the operation of the vending business. b) Submit a copy of the owner of the abutting property owner's and/or tenant's written approval for the vending site, if located on a public street or sidewalk, If the mobile vending site is located on private property, the applicant shall submit a copy of the property owner's and/or tenant's approval for said vending site, c) Submit a scale drawing (plot plan) showing the area to be used, along with applicable dimensions, plans and/or photographs detailing the design and size of the MVU to be used including all appurtenances and signage to be displayed. (~ d) For vendors proposing to locate on property owned or controlled by the City of Boynton Beach, the applicant shall maintain in force, a comprehensive general and automobile liability insurance policy with a minimum coverage of .$1,000,000 per occurrence; $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage. Said policies shall name the City of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City, e) Evidence of state or county permits or other required approvals. f) For food vendors, the name and address of the commissary from which the vendor operates. Vendor shall secure and maintain in force workers' compensation insurance to statutory limits or a workers' compensation waiver provided by the vendor's insurance broker/agent. The vendor shall furnish the City's Risk Management Department with a certificate of insurance prior to operating in the City. Said insurance companies must be authorized to do business in the State of Florida, and the City will not accept any company that has a rating less than B+ in accordance with A.M, Best's Key Rating Guide, latest edition. The City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risks, rot. FEES Each application for a street vending permit shall be accompanied by a two hundred and fifty dollar ($250.00) application fee. The application fee shall be non-refundable and in addition to, and separate from, the permit fee of fifty dollars ($50.00) and the business tax, all of which shall be collected prior to issuance of the permit. 4 r- PERMIT APPROVAL The Board of the Community Redevelopment Agency (CRA) or the City's Planning and Development Board (P&D) shall consider applications for a vendor's permit at regularly . scheduled meetings of the respective Board, The applicant shall be permitted to make a brief presentation of his or her application and may be questioned by the Board. In determining whether to issue a permit, the Board(s) shall consider the standards and requirements set forth in this ordinance and input from City staff, the applicant, and the general public. In addition, the Board(s) may impose such special conditions to the permit as they may deem necessary to assure compliance with this ordinance. In the event two or more applications are received for the same location, the earliest application, if approved, shall be awarded the location. Upon approval of the application by the respective Board, the permit shall become effective when the permit fee and business tax is paid, TERM OF PERMIT All permits issued pursuant to this ordinance shall be effective as of the nearest first day of the month, regardless of the actual date of issue, and shall expire one year from the effective date thereof, unless sooner revoked in the manner provided in this ordinance. r PERMIT RENEWAL All permits issued pursuant to this ordinance may be renewed, unless the permittee is officially notified to the contrary by the City of Boynton Beach. A vendor applying for the renewal of a permit for a business that remains unchanged since the last application or renewal is required to pay the permit renewal fee only. Renewal must be requested 30 days prior to expiration. DESIGN and LOCATION Upon receipt of an application for a permit, the City and/or CRA staff shall review the design of the vending unit and the proposed location to determine if it is suitable for vending and provide a written report to the respective Board. In making its determination, the staff shall consider the following criteria: a) A mobile vending unit is limited to one assigned location and a unit in that location must be compatible in materials and color with the surrounding urban environment. b) No permit shall be issued for a location within 100 feet of a location for which a street vending permit has already been granted. c) The operating area must be located entirely within a commercial or mixed-use zoning district. r d) The use of the vending devices must be compatible with the public interest in the use of the public ways and public rights-of-way. In making such a determination, the staff shall consider the type and intensity of use, the width of the sidewalk, the proximity and location of existing street furniture, including but not limited to traffic control devices, signposts, lampposts, parking meters, benches, phone kiosks, mailboxes, fire hydrants, landscaping, trees, buffer yards, public art and refuse containers, as well as the presence of truck loading zones. The staff shall also consider established and emerging pedestrian and vehicular traffic patterns, as well as other factors it 5 r' deems relevant in determining whether or not the proposed use would diminish required parking or result in congestion of the public ways or the creation of a safety hazard, e) A minimum clear passage of a four-foot sidewalk width must be maintained for pedestrian travel at all times. f) A mobile vending unit shall not be placed within three hundred (300) feet of the property line of any public or private day care, school, park, or playground, or a single- family residential zoning district. g) A mobile vending unit shall not be placed within three hundred (300) feet of the property line of any established ongoing legally zoned business selling similar foods or other merchandise. h) A mobile vending unit shall not be placed within three hundred (300) feet of the property line of any church, temple, mosque, synagogue or other place of worship. GENERAL RESTRICTIONS and REGULATIONS Any person with a valid permit issued pursuant to this ordinance shall be limited to the sale of merchandise or food, or to the providing of personal services and vehicle cleaning, as restricted herein and shall be subject to the following additional restrictions and regulations: ,.... a) All vendors must display, in a prominent and visible manner, the permit issued by the City under the provisions of this ordinance, Mobile vendinq units capable of operatinq on public riqhts-of-wav shall also displav a current State of Florida license taq. b) All MVUs used for the sales of merchandise and personal services, shall not occupy an operating area of more than seventy-two square feet of space, which shall include the mobile unit, the operator, and a trash receptacle. Mobile vendinq units providinq vehicle cleaninq services, as herein defined, on private property shall be limited to the minimum size and area required to reasonablv perform said services. c) The size of a mobile vending unit on public property shall not exceed four feet (48 inches) wide by eight feet (96 inches) long, It must have a minimum of two functional, fully inflated wheels, and have positive wheel-locking devices, d) The height of a mobile vending unit on public property. including canopies, umbrellas, or transparent enclosures, shall not exceed seven feet (84 inches). e) The mobile vending unit, including any canopies, umbrellas, or transparent enclosures, must be clean, and well maintained. The vending site itself must also be clean and orderly at all times, and the vendor must provide a refuse container for use by his patrons, . ('..... f) Soliciting or conducting business with persons in motor vehicles is prohibited. 6 (..... g) All merchandise must be displayed on the vending unit. No merchandise shall be displayed using street structures (planters, trees, trash containers, signposts, etc.) or placed upon the sidewalk. h) Vendors shall not hinder or impede the use of any phone kiosk, mailbox, parking meter, fire alarm, fire hydrant, or traffic control device. i) Vendors shall obey any lawful order from a police or fire department official during an emergency or to avoid congestion or obstruction of the sidewalk. j) No permittee shall make loud noises or use mechanical audio or noise-making devices to advertise his or her product. k) No permitted mobile vending unit shall be left unattended on any property owned or controlled by the City of Boynton Beach. I) No permitted mobile vending unit shall remain on any property owned or controlled by the City of Boynton Beach between the hours of midnight and 6:00 AM, m) Vendors selling from a mobile vending unit on a sidewalk shall not: (1) Vend at any location where the sidewalk is less than 10 feet wide. (' (2) Vend within 20 feet of an entrance to any building, bus stop sign, driveway, stop sign, or cross walk of any intersection. (3) Obstruct the view of any directional sign, traffic control sign or device. n) All vending units must be self-contained. Utility service connections are not permitted, 0) No freestanding signs, flags, banners, tents, tarpaulins or awnings shall be allowed within the road rights-of-way. All signs, flags, banners, tents, tarpaulins or awnings must be attached to, or resting against the vending vehicle/equipment. No tables, chairs or umbrellas are to be set up for use by customers. In addition, any permitted operation, pursuant to this article, shall not display or otherwise erect freestanding signs, flags, banners or tents on public or private property within five hundred (500) feet of the permitted operation, p) Vendors of food or beverages shall comply with all applicable State and local health laws regulating the p~eparation, handling, and presentation of food. Food and beverage vendors shall also comply with the following: (1) Food handlers shall be certified by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation and shall conform to good hygienic practices, (-.. 7 r (2) The outer clothing of all food handlers in a mobile food-vending unit shall be clean, fully opaque and cover the entire torso from shoulders to the knee. (3) Food handlers shall use effective hair restraints to prevent the contamination of food. (4) Food handlers shall not use tobacco in any form while engaged in the preparation and vending of food, (5) Only single-service utensils shall be dispensed to the customer. (6) All single-service items shall be stored in closed containers or cartons, off the floor of the vehicle, except that approved dispensers may be used for utensils and cups for immediate use in the vending operation. (7) All food vended shall be from an approved source. (8) No food shall be vended which is adulterated, mislabeled, spoiled or unclean, (...... (9) All perishable and potentially hazardous food shall be kept at safe temperatures. Frozen food shall be kept in the safe temperature frozen state until thawed for preparation or dispensed to the customer. (10) Food shall be stored in a manner as to prohibit cross-contamination. (11) Mobile food vending units shall be operated from a commissary and shall report at least daily to such location for all supplies and for all cleaning and servicing operations provided mobile food vending units dispensing fresh fish and shrimp, prepackaged novelty ice cream, fruit and vegetables and individual portion size nonperishable foods such as pickles, candy, peanuts and including snow cones are exempt from this provision. (12) No food whether packaged or otherwise shall be stored on the floor of any vehicle used in the food vending operation, (13) Effective measures intended to eliminate the presence of flies, roaches, and other insects shall be utilized. All chemicals used for this purpose shall meet EPA guidelines and shall be used in such a manner as to prevent contamination of food or food contact surfaces. (14) A MVU used for food vending shall be constructed of corrosion- resistant, durable materials, (15) The floors and sides of any MVU used for food vending shall be constructed of materials which are easily cleanable. (16) Non-food-contact surfaces of equipment shall be cleaned as often as is necessary to keep the equipment free of accumulations of dust, dirt, food particles, splash, and other debris, ,..... 8 r (17) Equipment used for food vending shall be installed and maintained in such a manner that the equipment and the MVU used in the food vending operation can be easily cleaned. (18) A sink, lavatory, soap and paper towels on the vendor's vehicle shall be required for dispensing shrimp, fish, shellfish and crustacea. (19) Cleaning of all vehicles shall be accomplished in a servicing area at the commissary and the MVU shall be cleaned as often as necessary but not less than once every twenty-four (24) hours, provided that vendors of prepackaged novelty ice cream, fruit and vegetables, snow cones and prepackaged nonperishable food shall be exempt from this provision. (20) No vendor wastes of any kind shall be deposited or permitted to be deposited upon the ground, sidewalk, streets, city waste receptacles or private dumpsters., (' (21) Solid waste shall he stored in an easily cleanable, covered container and disposed of during servicing operations at the commissary. (22) Liquid waste resulting from any mobile vending operation shall be stored in permanently installed retention tanks of at least fifteen (15) percent larger capacity than the water supply tank but of no less than thirty-gallon capacity and shall be drained and thoroughly flushed during servicing operations. All liquid waste shall be discharged to an approved sanitary sewage disposal system at the commissary, (23) Ice shall be from an approved source. (24) Stored ice intended for human consumption shall not be used as a medium for cooling stored food or food containers. (25) No food products shall be submerged under water or a water and ice mixture. (26) All food that requires packaging or preparation by the vendor shall be processed in the commissary that is required as a support facility for a mobile food vending unit, provided that snow cones are exempt from this requirement. (27) Mobile vending units dispensing snow cones shall be designed so as to enable the operator of the unit to protect the equipment, syrup, ice and utensils used in the operation of the unit from dust, insects and rodents while the unit is in transit or overnight storage. (28) Snow cone vendors shall have hand-washing facilities, detergent, water and paper towels in or upon the mobile vending unit. r.... (29) Mobile vending units shall provide waste containers for customers at such times when the unit is parked. 9 r (30) Deep fat, oil or grease cooking processes employing more than one quart of heated liquid shall be protected by an automatic fire extinguishing system. (31) Cooking processes involving heated fat, oil, grease, or liquids other than water shall be shielded from the public on three sides of the mobile vending unit or cooking equipment to a height of 18 inches above the cooking surface level and 4 feet above the level upon which the cart assembly rests, (32) Vessels containing heated liquids or oils shall be thermostatically controlled so heat sources will automatically shut off when liquid reaches a temperature of 475 degree F. (33) Storage of extra fuel is prohibited in the vending area except as permitted by the Fire Department. r (34) Processes requiring flammable gases, liquid, or solid fuels shall not be permitted, unless approved by the Boynton Beach Fire Department. LPG containers shall be limited to no more than 5 gallons capacity and no more than one such container per cart or vending display. (35) Vendors using open-flame cooking where steaks, ribs, hamburgers, sausages, hot dogs, or other products containing fat or grease are cooked, shall not be stationed beneath an awning or canopy of a building. PERMIT REVOCATION OR DENIAL The Planning and Development Board and/or the Board of the Community Redevelopment Agency, respectively shall have the power and authority to revoke or deny either the issuance or renewal of any permit applied for or issued under the provisions of this ordinance. In such cases the applicant or permittee shall be notified in writing by certified mail of the denial of a permit application, or the suspension or revocation of an existing permit and the grounds thereof. Any permit issued under this ordinance may be suspended or revoked by City staff based on one or more of the following grounds: a) Cancellation of the vendor's permit issued by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation b) Expiration, suspension, revocation or cancellation of any other occupational license or permit required by the vendor. r c) The permit was procured by fraud or false representation of fact. 10 r d) The abutting property owner or tenant withdraws consent, in writing, for the mobile vending unit. e) Violations of this or any other ordinance, the City's municipal code, or when conditions exist that present a threat to the public health, safety, or welfare. Applicants who have been denied a permit and vendors who have had their permit revoked for any reason, may formally appeal, in writing, within ten (10) days of said denial or revocation, to the City Clerk for a hearing before the City Commission, Consideration of any appeal is at the discretion of the City Commission whose decision is final. Draft 5 - 7/02/07 S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 07-005 Mobile Vendors\DRAFT VENDORD- 2.doc ('" (" 11 EXHIBIT B r Typical Examples of Mobile Vending Carts (' r Size 84" x 40" x 40" high plus height of canopy or umbrella. (.... ,..... · 110 volt or 220 volt or dry ice versions · Weight about 500 Ibs. · Comes in any color. (".... (.... r Size overall: 84" x 28" x 36"; approximately 200 lbs ,,' '.0: ~-::: ..: ." r r..... ~ r 18U 102" , liB'";: I ld\ 8 ((t- J l ~ \o'~ r E)C.~A1pleS'.oi.'4~')('3"'Mc)d~i V4~',Ve:nding Carts .' 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WE RESERVE THE RIGHT TO IMPROVE SPECIFICATIONS AND MATEF NOTICE, ,...... @ 2006 WillyDogs.com http://www.uscarts.netlswf.html?cartid=57 5/2412007 r r r TO: THRU: FROM: DATE: RE: INTRODucnON DEPARTMENT OF DEVELOPMENT Memorandum PZ 07-082 Chairman and Members, Community Redevelopment Agency Board & Planning and Development Board Ed Breese Principal Planner Eric Lee Johnson, AICP ~Y Planner () August 7, 2007 LDR Rewrite - Group 3 Chapter 4, Articles 5 through 8 A task of the LDR Rewrite project is to update the entire Part ill (Land Development Code) of the City's Code of Ordinances. In April of2007, staff presented the Boards and Commission with a progress report and proposed work schedule of the LDR Rewrite project. Staff determined that it would be best to break down the entire project into eight (8) different phases. At this time, staff is delivering the third component of the eight- phase project (see attached). The first two (2) phases, Group 1 and Group 2, dealt with Definitions, the Use Matrix, and its associated Notes and Restrictions. In recap, the previously reviewed phases were mainly focused on matters relating to zoning districts and allowable uses. This phase, mown as Group 3, primarily deals with site development st~dards (see above-referenced chapter and respective articles). Group 3 mainly focuses on required off-street parking calculations, off-street parking lot and vehicular use area standards, and rights-of-way and infrastructure standards. The following articles are presented as follows: Article V. Article VI. Article VIT. Article Vill. Minimum Off-Street Parking Requirements Parking Lot, Vehicular Use Areas, and Loading Standards Exterior Lighting Standards Utility and Infrastructure Standards The off-street parking calculations and site design standards are currently located within multiple chapters of Part III of the current code. This lack of consolidation between common topics can be 'burdensome to a novice reader as well as the development and design professional community wanting to do business in Boynton Beach. Therefore, the attached regulation~ represent that same concentrated effort as in previous phases, to consolidate scattered regulations of common topic matters, identify and correct inconsistencies, and reword in an effort to increase clarity of the City's regulations. r Above all, the proposed reorganization of these provisions will significantly increase the ease of"reading and understanding of the City's very important regulations. PROJECT OBJECTIVES The objectives set forth at the onset of staf~s management of this effort, and explained previously in the update report, continue to be furthered. Of the original objectives, those involving user-friendliness and maintaining a flexible and dynamic approach are most addressed by this work product. The original objectives are listed below followed by specific documentation relative to Objectives #1, #2 and #4. Although #5 is not specifically addressed herein, the basic services and unanticipated demands of the Division continue to be a priority, and provided or responded to timely. 1. Preserve/Utilize 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, interconnectivity, and writing style; r 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. Objectives #1 & #2: LDR format or organization was the target of an original objective which continues to be furthered by the consolidation of common topic matters. Staff proposes to separate the entire Part III LDR (currently 23 chapters) and divide them into four (4) distinct chapters. A four (4) chapter code proposal deviates much from the existing code but is more in keeping with the Model Land Development Code; tailored perfectly to meet the needs of the local agenda. All development standards, such as off-street parking requirements, parking lot design, exterior lighting, and infrastructure improvements would be placed into this fourth chapter, containing eight (8) articles. Each article is arranged and ordered based on its rank or its "contribution" to the land development process within the City. Currently, these same regulations are scattered throughout Part In within many different chapters r and sections. The attached documents would modifY all or portions of the existing code: ; Chapter 2. Zoning, Sections 5, 6, 7, and 11; Chapter 2.5 Planned Unit Developments, Section 9; Chapter 4 Site Plan Review; 'l ,o,. Chapter 6 Required hnprovements, Articles I, ill, IV, and VII; Chapter 9 Community Design Plan, Section 10; Chapter 20 Buildings, Housing, and Construction Regulations, Articles VIII; Chapter 22 Streets and Sidewalks, Article I; and Chapter 23 Parking Lots, Articles I, IT, and III. As previously mentioned, this lack of consolidation is cumbersome for the lay person to locate as well as challenging to staff to regularly review and incrementally revise as the needs arise. Although it has been very challenging and time-consuming for staff to locate all the standards throughout the code and consolidate the common topics into this format, the benefits with respect to consistency and ease of access justify the effort. User- mendliness continues to be a primary objective, guiding both the format as well as emphasis on simplicity and clarity. Objective #4: Staff continues to aclrnowledge the priorities and current issues of the Commission in this deliverable. The changes that have recently be approved by the Commission for the existing Chapter 6 and Chapter 22 have been integrated into the proposed documents accordingly. r OTHER NOTEWORTHY CHANGES Preparation of these documents has involved the comprehensive an4 detailed review of the land development process, the various standards by which land is regulated, land development standards and the appropriate staff member who administration processes by which they are regulated. Noteworthy are the following additions or revisions involving land development standards: r · Each article would now contain its own "Purpose and Intent" and "Administration" text; · All required minimum off-street parking calculations have been reviewed, compared with neighboring jurisdictions, and updated in accordance with leading industry publications (i.e. 2002 American Planiring Association's Parking Standards); · Created off-street parking requirements for selected uses (i.e. guest parking for multi-family residential, group homes, and carwashes) · Reduced off-street parking requirements for selected uses (i.e. excluded indoor child play areas from counting towards floor area in restaurants, differentiated between single-use vs, multi-use tenants in warehouses); · Updated and created more provisions to reduce required off-street parking areas. Staff recognizes there is a parking surplus on many of the City's big- box establishments for much of the year and the intent is to reduce underutilized impervious surfaces, increase pervious surfaces in order to enhance the quality and health of proposed / existing landscaping, and to enhance pedestrian connections within parking lots). Emphasized efficient use of land and redevelopment through the updating of existing provisions for 3 1"........ Joint Access parking, Shared parking, and Fee-in-Lieu of parking. Created special provisions for on-street parking, 5% reduction in minimum parking, and maximum number of surplus spaces; · Inserted current federal standards for required Handicap Accessible parking spaces; · New provisions were created to allow for waivers in engineering design standards rather than meeting traditional hardship criteria via the variance process. This would empower staff to approve variations in non-critical design standards, which would allow for more flexibility in overall project design as well as furthering a more streamlined business-friendly and more relevant development process; · Inserted references to the Engineering Design Handbook and Construction Standards where applicable and removed non-critical engineering design standards from the Land Development Regulations; · Dissolved Chapter 9 Community Design Plan (text with an emphasis on aesthetics / appearance) and relocated the existing text into various sections labeled "Community Design"; · Enhanced existing text regarding queuing and stacking for drive-through facilities to ensure for higher standards and better safety; · Created a chapter dedicated to exterior lighting (illumination) with an emphasis on aesthetics, minimum and maximum lighting levels, and prohibited lighting; and · Created text that authorizes City Engineer to grant, accept, and vacate easements. r SUMMARY IRECOMMENDAnON Staff recommends that the Boards and Commission approve this draft.portion of Group 3. However, any changes and comments proposed by the Boards and approved by the Commission will be incorporated into the document or schedule for ultimate ordinance preparation and processing. EJ Attachments S:\Planning\Zoning Code Update\LDR Rewrite\Staff Reports\Group 3 report _ Ch 4, Art 5 thru 8.doc (...... 4 r r r August 7, 2007 SITE DEVELOPMENT STANDARDS ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Section 1. General. A. Purpose and Intent. The purpose of this article is to provide accessible, attractive, secure, properly lighted, well- maintained, and screened off-street parking facilities for the citizens and visitors of the city. It is the intent of these regulations to ensure the provision of off-street parking in proportion to the typical and daily demand created by various businesses located downtown and in the suburban areas. It is also the emphasis of this article to promote efficient use ofland and redevelopment through promotion of cross-parking and interconnectivity, shared parking and necessary reductions to consider alternative parking resources and redevelopment initiatives. B. Administration. Section 7. f..dministFation. The Director of Plannine: and Zonine: or desilmee shall coordinate. interpret. and administer this article. For the jlllfPOSe ~ ooordinating, eaf-orem&,.afld admiB:istering tms ehapter, ~ i;;ct of developmeat shall be the administrative offioer. (Ord. No. 96 63, ~ 3, 1 21 97) C. Rules. 1. +. Parking space requirements shall be computed on the basis of the principal use of a structure or lot, and using gross floor area unless stated otherwise in paragreph M-ef this article subseetion. Gross floor area, for the purposes of this subsection, shall include the floor area occupied by the principal use, plus the floor area occupied by all other enclosed spaces aoeessory 'Hses, including but not limited to storage rooms, maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways. 2. &, Where several principal uses exist in one Structure or on one lot, parking space requirements shall be computed separately for each principal use, unless stated otherwise in this article paragraph 16 of this saBsection. Where parking spaces are required in this article paragraph M for each of several principal uses that commonly occur together, this is done for the purpose of clarification only, and shall not limit the application of the requirement contained in this paragraph. 1 SITE DEVELOPMENT STANDARDS r...... 3. 9;. A use shall be considered a principal use, for the pUrposes of this subsection, if it could exist separately from all other uses in the same Structure or on the same lot, and would by itself generate significant parking demand. 4. 4-h Where several principal uses exist in one building or part of a building, and the floor area of each principal use cannot be clearly delineated, the parking space requirement for the use requiring the greatest number of parking spaces shall apply. 5. H. Where a use is not listed below, parking space requirements shall be determined by the City Commission after review and recommendation by the Director of Planning & Zonine: or desie:nee planning and Eley,'elopment geaffi. 6. -l4 Where the number ofrequired parking spaces as computed includes a fraction, the number of required parking spaces shall be the computed number rounded to the next highest whole number. r 7. M. Except as provided in 81:ffisection 1.(4) below, there shall be provided, at the t.ime of the erection of any structure or establishment of any use, a number of off-street parking spaces in accordance with the following minimum requirements, and subject to the parkine: requirements paragraphs 1. threHgh 15 of this subsection. Where a Structure or use is enlarged or increased in capacity by any means, including a change in building Occupancy which requires the provision of additional parking spaces, or a change in use to or which requires additional parking spaces, the minimum number of parking spaces shall be computed by applying these requirements to the entire Structure or use. Section 2. Required Off-Street Parkin2: Calculations. Bv Use A. General. ~ No fewer than four (4) parking spaces shall be provided for any nonresidential use. r August 7, 2007 2 SITE DEVELOPMENT STANDARDS r B. Table 4-1 Residential and Lod!!in2: Uses D~;vellings, 10Elging and other buildings f{)r hab;ation: G;-- ~ ,. ., ,..' .,.. ).. .. .C . ".<': . C'.. Standard Nl.'mber of Required Pa:rking ResidentiafandLodghigtJs~s . . , . c.. .. :.<...., ':.:,.:, ,.'< .C;,.:. ......... i: . ',',;; ...., , ... .... .'. . '., SDaCeS Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Single-family, duplex dwelling, or mobile home: 21 Efficiency or One-bedroom apartment: 1.5],2 Within Mixed-Use High district: 1.332 Two (2) or more bedroom apartment: 21.2 Within Mixed-Use High district: 1.661,2 Dormitories: 1 per unit Hotel & Motel units containing one (1 )-bedroom: 1.25 per unit Within Mixed-Use High district: 1 per unit Hotel & Motel suite containing two (2) or more bedrooms: 2 per unit Within Mixed- Use High district: 1 per unit Group Home (Types I through 4): I per 3 beds Bed & Breakfast: 13 Live / Work Unit: J per two (2) units4 (.... 1 Residential driveways shall satisfy the parkine: space requirements for sine:le-family detached dweUine: units. duplexes. and multifamily dwelline: units containing e:arages. provided such driveways are of sufficient size to meet the parking space requirements of this subsection. 2 Guest parkine: shall be provided at a rate of 0.15 spaces per unit for residential developments consistine: of three (3) or more dwelling units. 3 4 r (-1) Parldng. In addition to the required parking for the residential unit. the. city requires The city encourages that one parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot, built into or under the structure, or within three hundred (300) feet of the unit in which the use is located. The distance shall be a straie:ht line measurement from a point on the boundary line of the property of the subiect unit to the closest boundary line of the property on which the parking is located. Parking provided to accommodate said space, including driveways August 7, 2007 3 r r r SITE DEVELOPMENT STANDARDS of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. ~. :arking. Eaeh 1hre " work unit shall be pro','ided at least twe and one half (2 ~~) parldng spaces. a. D',velIings, lodging and other buildings f{)r habitation: <h ~~~. ~~ngle family ~d d~lCJ( d'.'?eIlings: T\vo (2) paflaRg spaoes per dwellIng lHl:It. ~;~ ..:~~ or ~ore b~droom apartments: Two (2) parking spaeos per dwellIng urnt. (3) ODe ~oEkoom ""d effieie~ apartmeD15: _ -:: ane half (1.5) parldng spaees per dwelling unit fu; e; effieieney and/or one bedroom apartment. (1) Dormitories: One (l) parldng spuoe por room.ing ~ ~~ ~~~~ing ~d boarding houses: One (1) parking space per roomIng wut (6) . Hetels, .apartmOBt hotel., morels, ap": = ~~~~~ ~~armg hotels and motels: One an 0.25) parlung spaoes per bedroom. f7) Hospitals: T'.'ro and one half (2.5) parldng spaees pef ~ :. "p~~ Required parking shall ~e caJeulatod eD doc :~~~ :: :":' :, ":..011 ~oyee, ",""agar, or OWDer and ~~ Q ~~~~!~ c~ guest .unit. Nev:ly ereGted parld;g ;.~ aBly ill the rear and SIde yard. August 7, 2007 4 SITE DEVELOPMENT STANDARDS r C. Table 4-2 Commercial and Health Care / Office Uses d. Retail services, restaurants, and offices: M. Where a use is located in a shopping center, office building, or office-retail complex, the parking space requirement for the shopping center, office building, or office-retail complex in which it is located shall apply; except that where a theater is located in a shopping center the parking space requirement for theaters shall apply for the seating or gross floor area of the theater (see "Theater" in Chaoter 4. Article V. Section 3.G.). r- . . . .... . -". .'. . -"... - . '. . Commercial ai1~ H~alth C~.r~ I ()fn~~ Uses Standard Number of Required Parking ... . - ,-. -. ':. ..' ;,. '.' ......... ....... "'.'" ...... ........" ,....- ""C'..,. '. .'. .... " .. Spaces . ....... Building area is based upon gross floor area (in square feet) unless specifically expressed otherwise. Any Non-residential use (minimum): 4 or 1 per 200, whichever is greater) Shopping center: 1 per 200 Office-Retail Complex: . 1 per 200 Restaurant: 1 per 2.5 seats - no less than 1 per 1002 Bar & Night Club: 1 per 2.5 seats - no less than 1 per 100 Gasoline Station: 1 per 2503 Grocery Store: 1 per 200 Auto Car Wash (Polishing, Waxing, Detailing) Automated (no employees): N/A Full-Service: 4 per tunnel4 Auto Car Wash, Self-Service Bay: 2 per bay Auto / motorcycle / truck, trailer, rec. vehicle sales / rental: 1 per 5005 Automotive, Repair Major and Mmor 1 per 2507 Automotive, Repair (paint and body shops only): 1 per 3008 Boat Dealer / Rental: 1 per 5006 Coin-operated Lauridry or Dry Cleaner: 1 per 250 Copying, Printing, or Sign Design: 1 per 300 Funeral Home: 1 per 200 Pet Care: 1 per 300 Bank and Financial Office: 1 per 250 Medical or Dental Office, Imaging / Testing: 1 per 200 Photography Studio: 1 per 300 Personal Care (Beauty, Hair, and Nails): 1 per 100 Furniture and Home Furnishings: 1 per 500 Hospital: 1 per 2.5 beds Taxi, Limousine, and Charter Bus: 1 per 300 Nursery, Garden, and Farm Supply: 1 per 2,000 of outdoor nursery area9 Travel Agency: 1 per 300 Business / professional office not listed within this subsection: 1 per 300 Establishments not listed elsewhere within this subsection: 1 per 200 r 1 tHB Non-residential: For the non-residential components ofa mixed use oroiect. parking shall be calculated at a minimum of August 7,2007 5 SITE DEVELOPMENT STANDARDS (' one 1 arkin s ace for each two hWldred gross leaseablo floor area. ~ Indoor child play areas shall be excluded for this PUl"Pose if such areas are desilmed/delineated separate from dinine: areas and if 20% or less than the !!:ross floor area of the restaurant. No additional arkin s aces are re uired for outdoor seats rovided that the number of outdoor seats is 20% or less than the total number of indoor seats. Additional parkin!!: spaces shall be required for outdoor seats in excess of this threshold. J. The required Queuin!!: distance at pump islands shall be in accordance with Chapter 4. Article VI. Section 8. Gasoline Station establishments that contain "Automotive. Minor Repair" shall rovide for additional arkin s aces see "Automotive Minor Repair"). Plus one waxing areas. ~ r Q Plus one (l) space per 10.000 square feet of paved or un aved outdoor area used for the stora e or dis la of boats for sale or for rent. 1 ~ In addition. each overhead door and interior spray booth may be counted towards satisfaction of the reQuired parking, ~rovided there is the minimum area (the size of a standard parkin spacej between an overhead door and an interior spray booth. However. in no case shall less than four (4) outside parkin!!: spaces be provided. .2 Plus required parkin!!: for any retail floor area. August 7, 2007 ~:) ::e~,""""ts, .bars, eooktai! 10"";:' ~Z ~~ :: :.. ~ :~~: ~~~~ng eotobllshm.: I,:::: ~~ ~~'O IlBd one holf(2.5) scots, b~= I~~ ~= ~:a:c~.g space per one huncked (l00) e t r 6 SITE DEVELOPMENT STANDARDS (-... (2) Shopping centers: One (1) parking space per tVIQ hundred (200) squlll"e feet of (;Toss leasa-ble floor area. (3) Office retail eomplemcs: One (1) parking space per 1\'10 hundred (200) squlll"e feet of (;Toss leasable floor area. (1) Retail gasoline sales, retail automotive parts and/-or accessories sales, and automotive repairs, including major repairs, but excluding automoti','e paint and body shops: One (1) parking space per two hundred fifty (250) square f-cet of gross floor area. (5) Bakeries: One (1) parking space per tv:o hoodred (200) square f-cet of gross floor area. (6) Florists and retail sales floor area of greenhouses: One (1) parldng space per two hundred (200) square feet of gross floor area. (.... (7) Grocery stores and food stores: One (1) parking space per 1\',10 hundred (200) square feet of gross floor area. (8) .^..utomobiIe, truck, motorcycle, trailer, and recreation 'lehicle sales or rentai: One (1) parking space per fi-,'e hundred (500) square .feet of gross floor area, plus required parking spaces for outdoor storage or display of goods f-or sale or f{)r rent. (9) Small equipment and tool reFJ:ta1 establishments: One (1) parking space per tvl0 huncHed fifty (250) sq1.:1are feet of gross floor area, plus required parking spaces for O'Htdoor stoFage or display of goods f{)r sale or for rent. (10) Outdoor storage or display of goods for sale or for rent, e}(eept boats: One (1) parking space per fi','e tho1.:1sand (5,000) square feet of paved or unpa','ed outdoor area used for the storage or display of goods for sale or for rent. (.... (11) Boat sales or rental: One (1) parking space per fi-,'c hundred (500) square feet of gross floor area, plus one (1) parking space per ten thousand (l 0,000) square feet ofpaved or tmpa','ed outdoor area used for the storage or display of boats fDr sale or for rent. August 7, 2007 7 SITE DEVELOPMENT STANDARDS r ~~: ~~ ~Iishm...ts aet li'lell'IS'~: ~';~;t ~~~: ~pacc pef V:,'(J hundred (200) SqUM 0 fleef aroa,. ~I:l PCl"SOBaI, proressieaal, ...d blffiiBOGs ~~=::: ~~ ~~:r:' inelulliag lestiag, rOfla~~;:_ ::"~"':: ~~ EI) parlcIng spaee pcr three hundrcd (3 91 EfU f gross floor area. (14) Lalll1dre...ats er lky a1eaaiag pie!< up ':':::' ::: Immdry or dJj: c1.aniag pl...ls lee.ted ia ~~~~ = ~:~~~g '1'00. per two BllI16rcd fi. . _:;: i;:~ ~~ ~o~~ floo: arca (fDr laundry (Jr W;, cle~n' leeatea ill IndustrIal or Pill zones, seo (f)(3)). ~~~ PriRliBg, eagraviag, er publishing Ieo~ ~ ~~ial zea.s: 0.,0 (I) parkiag '1'''''' ::,:i~ = ~= ~ of gross floor area (for j3r ;;;;' 000;;' 6r publiahing locatcd in industrial or pm 20 ;,;~ . r ~~~ D~eral homes: One (1) parkilig spaee per hvo hundred (200) squMiJ fect of gross floor Mell. ~ ;~ ~II aaimal BOGpitols: One (l~:::: 0= r:, ~~~e hundred (300) square feet of gr , Hlc1udmg area of outdoor kennels. ~:~ =~~ ~-liOBS anll servieos: DB, (I) par!cia: space per two hunch-cd fifty (250) sqHare fcet of gro:S~fu~ ftfea: 2~~. .::willoa! and d~toI eIinies, ::~' ~ :~ =n~: ~:~~:~ ~klIlg spaee per an a SqUMC f'0ct of gross floor Mea,. , ~~ ~ffi,:"s aOOoffioe BaiJdiago a;; ~;~q=:: ~~ (~ ~arlaRg space per three 1mndre 3 gfess floor area. ~;;)_ ~. 0Feft, grophies, llfld photo~~:;,~":.: ~: ~~ ~a~~l::.g space per three hundred ( ee grass floor area,. r ~) ~=~;~~ barber services: One (1) parkiFlg space per one htmdred (100) square feet of gross floor area,. August 7, 2007 8 SITE DEVELOPMENT STANDARDS (-... (23) Fl:l:mitUi"e stores: Oae (1) parking space per five hundred (500) square feet of gross floor area. (24) Automotive paint and body shops: One (1) parking space for eyery three hundred (300) square feet of gross floor area. In addition, each o'/erhead door and interior spray booth may be counted to'Nard a parking space, provided there is a minimlll11 area, the size of a standard parking space, between an overhead door and an interior spray booth. However, in no case shall less than foUf' (4) outside parking spaces be provided. (7) Hospitals: Tv,'o and one half(2.5) parking spaces per be4 g. Miscellaneous uses: fl1 Taxi offices and bus stations: One (1) parking space per one hundred (100) square feet of gross floor area. (.... (3) Greenhouses: One (1) parking space per 1\'10 thousand (2,000) square feet of gross floor area, plus required parking spaces for any retail floor area. D. Uses Table 4-3 Arts. Entertainment. and Recreational e. Recreation and amusement: (....... Arts, EnterUlinrnent and Rec..eational Uses Buildin area size is based u on Any Non-residential use (minimum): Swimming pool: Ice and roller skating rink: Indoor athletic court: Outdoor athletic court: Golf course: Miniature Golf Course: Bowlin AIle : G m, Fitness, and Health Club: Martial Arts, G nastics, and Dance Studio: Arcades, 001 haIls, and other indoor amusement laces: Marina, includin Yacht Club: Museum: Shoot in Ran e, Ihdoor Sightseeing lJl. Scenic Tours: Rentals, Recreational (bicycles, canoes, personal watercraft): Residential recreational I ameni area: August 7, 2007 9 , Stiinc:iard Nti~b~rQrJieqti~red Parking , Saces, ._ SITE DEVELOPMENT STANDARDS r Theaters, auditoriums, meetin rooms, and other laces of assembl : Establishments not listed elsewhere within this subsection: 1 er 4 seats6 1 er 200 ! fili1 Non-residential: For the non-residential components of a mixed use project, parkine: shall be calculated at a minimum of ~ne (l arkin s ace for each two hundred 200 s uare feet of gross leascable floor area. 2 .3. Plus required parkine: spaces for any other Principal use~ includin hotels and motels restaurants retail floor area Charter boats si htseein boats drift fishin boats and outdoor lots occupied by boats for sale or for rent. ~ r .2 ~ Not less than 1 space per 100 square feet of e:ross floor area. fB ~:~~~ ~~~s: One (1) paddng space pcr thirty (30) sqaare feet of',yater ai'ea. :~ ;::::a~ ~~ ~~~er skatin:g riaks: Onc (1) pa-rking space per one hundred (100) square f{)et of rink area,. ~ :::: a~tia oollrts: One (I ~:r~e;;:: tfleusand eight hundred (l,800) squ ti s afea:. r ~ ~do;;: =~~~ aollrts: One (I) ~i:~=e.: :: :~~~~T'~~ ~ve hundrcd (1 ,500) sqlla~e fr afla aEljeifllOg paved area,. f August 7,2007 E-5) Golf eolli'Scs: Eight (8) parking spaces per hole. 10 SITE DEVELOPMENT STANDARDS r' I (6) :Miniature golf comses: One (1) PMking space per fiye hundred (500) square feet of lot Mea occupied by the playing area. (7) BowHng alleys: One (1) parking space per tv,'{) hundred fifty (250) squCli'e feet of gross floor arca, including floor Cli'ea of all adj oining uses, including restaurants, bars, pool rooms, and amusem.ents. (8) GymnasiUflls and health centers: One (1) parking space per three hundred (300) square feet of gross floor area. Parking space requirements may be computed s0pCli'ately for floor area oecupied by athletic courts, swimming pools, or other }3rincipal uses for ',vhieh parldng space requirements are listed in this ordinance. (9) ,:\rcades, pool halls, and other indoor amusement places not listed elsewhere: One (1) parking space per onc hundred (100) square feet of gross floor area. r (10) }"4:arinas: One (1) parking spaec per boat slip, plus required pCli'king' spaces f{)r any other principal uses, including Rotelsand motels, restaurants, rctail floor area, Charter boats, sightseeing boa~s, drift fishing boats, and outdoor lots occupied by boats for sale or for rent. (11) Charter, drift fishing, and sightseeing boat~: One (l) parking space per three (3) seats on eaeh boat, but no fe'Ner than tv/a (2) parking spaces per boat. (12) Condominium and housing Elevelopmem reereation buildings: .^.. mix of fi':e parking spaces, phiS one (1) additional space per 300 square feet of gross floor area of office use for leasing or management purposes located in recreation buildings or sepMate structures (handicapped spaces should be pmsuant to i'D.^... requirements). (2) Theaters, auditoriums, meeting rooms, and other places of assembly: One (l) parking space per f{)ur (1) scats, but not less than one (l) parking space per one hundred (100) square fcet of gross floor area. r , August 7, 2007 11 SITE DEVELOPMENT STANDARDS (....... E. Table 4-4 Industrial Uses f. Ind'Hstrial, ;;seareh and development, trades, wholesale, and '.'lafehouses: , Standard Number of Required Parking S aces 1 r ~ Space allocated for accessory office use shall require parking at the ratio required for the principal use. provided that th; accessory office use does not exceed 20% of a sin21e-tenant buildine: or 20% of each bay within multi-tenant buildings. Additional parking shall be required at a ratio of one (I) space ;er 300 square feet for any accessorY office floor area that exceeds 20% of the buildin2 / bay( s ). 1 Plus one (I ) space per 300 square feet of office space plus two (2) security spaces; if applicable. (1) Manufacturiag and industrial ,,"os HOt H~ :~.~"';~: 00. ( I ) padoog ~ace per tWtl (2) :6,:; but not Ie" than one (I) patlang spase per ~~" ;;;;:; ~~ ~~~: feet of gross floor area; plus rcqUl ed spaces for any other principal uses, including office ~~~;;:ii floor area. r- ~ ;;;:!l~' plants: Ooe (1) parloog spaee per lwOfi(~ ~?,,~!:,"S. aut not le3' than one (I) parking sP: ~~: hundred (500) square feet of gross floor area; pI r August 7, 2007 12 SITE DEVELOPMENT STANDARDS r ~~~~~ ?aces fur any other principal'Hses, incl'Hding office fleer area. (3) LalH1dry or dry c1e~ag plllHts lecate== := ;:'':':: ~ (I) parlang 'Pace per live ;; ;;: := :~ ,,:.greSS floor. area (for I_~~:.; ~~.: :~=:-~~ ~l~( Hp statIOns, and laUfld 0 d1 l3'lunts located in commercial zones, see (d) (14)). ~l .Printing, eagrevmg, or pabli~ ~~~ ~ ::::::: e~:~ 'OReS: One (I) parlWlg · ;e ':i: ~~!i::~s' bat ROt I".. thaa one (I) par~; i::p::; =~~5.?D~~q).lare [cet of gross floor at, engra':ing or publishing located in commercial zones, see (d) (15)). r (:5) 'N a. ':"ftoa.e.s aaa ether iadoor .tora: :::::: ;':~:: ~tnal eo",pl.,te.: ORe (I) park. g '::: ~;ght huamod (80.0) .~~ feet of gre.. :: =, ::'li7.'.: ~~ ~ !we (2) parloag "Pas"" por :;;;.: ;: =;:: :::: (~~2 .~aare foet ef gro.s floor f b _t .; :: :~,~.~~ JXRl<~ 'Paee. for IlB)' other =:2- =~ ::~",g retaIl aaa oIBoe floor area. Par . ~~ ;:e: ::~i~~ sI1a11 be providea at a rate of 1 i:;::; ;: ~~~!::,:'s plus 1 spa.ee per 30.o.f~;; ~~~';':;= ~ ~ ~eanty space.. Parlqag for Iiml~ "" ;: ;::: ~ ~e ~~vidod at a Fate of 1 space pc :5 =~~; ::: :: : spaec per 300 feet of offiec spae ar i spaees. ~'. ~c~: ~'tabli.bmcet<; aaa diB::""~: ~~;~ =~e:aeo per eight hundreEl (800) sq 0 ~ ~{~:~g ,:"a skJragc eperotiens: DBe (I) :kin: space po~ eight hundred (800) square f-cot of grass flo ;;; . ~ =~ !~aaJs and transfer statiens: ~;..;~ ~~~e:~ace per eight hundred (800) squ;;;'; f~et r : :;:~:e~"s and re.caroli (}Bd d"velol'ftlent: ~~~ :~;ace per thTce huoored (3 .0.0) ,~"':;-fu;;; 0 August 7, 2007 13 SITE DEVELOPMENT STANDARDS (-..... c. Parking.;. Parking shall be provided at a rate of ~11 space per 200 stol'age bays, plus 1 space per 300 feet of office space afld 2 seeurity spaces. c. Par1cing.;. Parking shall be provided at a Fate of 1 space per 75 storage bays, plus 1 space per 300 feet of office space and 2 security spaces. F. Table 4-5 Educational Uses institutional, and educational uses: e. Government, Standard Number of Required Parking , Snces' , ('...... (1) Day cm-e centers and ntH"sery schools: One (1) padciRg space per three hundred (300) square f-cet of gross floor area, plus adequate provision for a convenient drop off area adjaeent to the building providing unobstructed ingress and egi'ess. . (5) Elementary andjunior high schools: One (1) parking space per five hundred (500) square feet of classroom floor m-ea, including floor area of shops. (6) 8 e60ndary schools and rngl::! schools: One (1) par1cing space per one hoodred (100) sq1:lafe f-cet of e1assroom floor area, plus one (1) parking space per two h1:l:Bdred (200) square feet offloor area oec1:l:pied by shops. (7) Colleges, universities, seminaries, and technical or vocational sOflools: One (1) parking space per fifty (50) square feet of classroom m-ea, plus one (1) pm-king space pel' two hundred (200) square feet of floor area oecu.pied by laboratories or shops, plus required space for any other principal uses, including offices, libraries, auditoriums, and recreation facilities. r (8) Specialized instruction, including dance, art, and self defense instruction: One (1) parking space per two hundred (200) square f-cet of gross floor area. August 7, 2007 14 SITE DEVELOPMENT STANDARDS r.... G. Table 4-6 . '\ssem bly: Public and Civic Uses b. '. Public and Civic Uses Buildin area size is based u on Any Non-residential use (minimum): Church: Or anization, Civic & Fraternal: Governmental and civic uses: Wireless Communication Facili and utili substation: Establishments not listed elsewhere within this subsection: Standard NUmber of Required Parking . , S aces ~ er 200 1 tili1 Non-residential: For the non-residential components of a mixed use proiect, parkine: shall be calculated at a minimum of one (1) parking space for each two hundred (200) square feet of grOSS leasenble floor area. ~ r Not less than 1 space per 100 square feet of gross floor area for the auditorium. plus required parkine: spaces for any other principal uses. includine: offices. classrooms. meeting rooms, recreation facilities and dwellings. J. Government owned and opera~ed uses including city hall campuses combining multiple offices and services: libraries: . community and recreation centers: park facilities: utility operations: and essential services: the standards herein for like uses shall be used as a e:uide for designing public facilities. as well as proximity to other adiacent public uses and parkine:. special geographic needs. employees. and proximity to residents and potential customers. Required parking for park facilities shall be determined by the Director of Recreation and Parks or designee based upon the Recreation and Parks Department Strategic Plan. ~ A minimum parking requirement shall not be applicable to Wireless Communication Facilities or utility substations. Access and parking areas. separate from public or private roadways, must be provided for each proiect and may utilize parkine: or circulation areas provided as part of a principal use. r' I (1) Cffilrehes, temples, and other plllees of'tvorsbip: One (1) parking space per four (1) seats in the auditorium, but not less than one (1) parking spaee per one hundred CWO) square fcet of gross floor area for the auditorium, plus required parking spaces for any other prineipuI uses, including offices, classrooms, meeting rooms, recreation facilities and dwellings. August 7, 2007 15 SITE DEVELOPMENT STANDARDS r , (2) Theaters, auditoriums, meeting rooms, and other places of assembly: One (1) parking spacc per four (1) seats, but not less than one (1) pa-rking space per one hundred (l00) squarc feet of gross floor area. (3) Clubs, lodges and fraternal organizations: One (1) parking space per one hundred (100) sql:lafC feet of gross floor area. c. Go':ernment, institutional, and edueational uses: (1) Government and go','emment O'.vned or operate,d uses: Parkmg requirements for like or similar uses in the prh,ate sector shall apply. (2) Community centers: Olle (1) parking space per one hundred (100) square feet of gross floor area. r (3) Libraries and muse\:1:ms: One (1) parldng spaoe per three hundred (300) square feet of gross floor area. (2) Utility plants: One (1) padcing space per tv:o (2) employees, but not less than one (1) parking spaee per five hundred (500) square f-eet of gross floor area; plus required parking spaces for any other-priaeipal llSes, including offiee floor area. (2) Communioationsfacilities, ineluding broadcasting facilities and telephone exchanges: Oae (1) parkiag space per ORe thousand two hundred (1,200) square feet of gross floor area, plus required parking spaces for any floor area occupied by offiees. Section 3. Special Reductions in Required Off-Street Parkin2:. The following provisions to reduce the number of required off-street parking spaces shall be utilized individually and not in coniunction with each other or with any other provisions to reduce parkine: within this article: r- A. Minimum Parkin2: (5% Reduction). For all non- residential uses. the total number of required off-street parking spaces may be reduced by up to five percent (5%) of the standard number of required parkine: spaces for the users) to which they are assigned. August 7, 2007 16 r . SITE DEVELOPMENT STANDARDS 1. Annlicabilitv. This provision to reduce the standard number of required parking spaces shall only apply when the following conditions are met: .!: The reduction in the number of parking spaces shall not cause the development to b~ noncompliant with Section 2.A above; b. Shall only apply to non-residential uses: and ~ Shall not be applied in conjunction with other provisions to reduce the number of required off-street spaces pursuant to this article. 2. Criteria. The followine: criteria shall be used in the evaluation of a request to reduce the standard number of required parking by five percent (5%); r .!: Landscaped areas within the parking lot shall be maximized and enhanced; !!: Impervious surfaces shall be minimized: and ~ Pedestrian connections shall be enhanced. 3. Methodolo2:V. Where the reduction in the number of required parking spaces as computed includes a fraction. the reduced number ofparldng spaces shall be the computed number rounded down to the lowest whole number. B. August 7, 2007 C. Shared Parkin2:. b,. Mixed-use developments may utilize the following required parking methodologies requirements based upon shared parking with different hours of use. The total requirement for off-street parking spaces shall be the highest of the requirement of the various uses computed for the following five (5) r 1'7 SITE DEVELOPMENT STANDARDS ,.... separate time periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods, the percent of parking required shall be calculated and certified sigHetl by a licensed traffic engineer using "Shared Parking, Second Edition", D.L.!., 2005, or other acceptable methodology. uantitative evidence IDa also include where a ro riate field studies and' traffic counts prepared bv a traffic consultant experienced in the re aration of arkin studies. In addition. a minimum buffer often (l0) percent shall be provided to ensure that a sufficient number of parkine: spaces are available at the peak houri eak season of arkin demand. Calculation of said buffer shall be based on the total number of parkine: spaces determined to be re uired at the eak hour / eak season of arkin demand. Evidence for . oint allocation of re uired arkin s aces shall be reviewed for accuracv and appropriateness. ,...... H.~ ~~ ~paees req~.a in !hi'. or~~:: :a: :: ::: ::: ~~~edJB part er 1ft" ::;: ~ =: :~spa.:.;.::~:~;:.:=~:i~;;o:i=~ s.:;';~~;C~",~~:,~~ny~~=~ S~~~i~~::":::=:=~;:; ;:E=~~~~:~=== 52E ~ ;~ eonswmm e'~eriensed ~ ::= ~~ ":~:~~.~tiOft, ~:~:~:"':rl:'; :~ =: ':Cu:'?; peak ho:=~ =; ? a =:;'n"~~~Oft of ~=; to 'i,;;e~: ::;: ~Z;;:;:::~:a:~~~=:=:; S?::=~ ~:~i~.IO~::::~~~:; ::-~n:::'": hy tho p1acning and ae;'elop";;; b::;: .... ~~g for ",ixea "". dCv~ ;Z~m:: ~!:~~~.~~~, :::::~'~~~:=t~ ~~~;~d with a sharcd;;k;;'~ ::::::::0-: teeluueal Site plan appro':aI. r August 7, 2007 18 (..... SITE DEVELOPMENT STANDARDS ~~ Por pareels of land zoned for Mixed Use High Intensity Q.ill H), the follo'.'ling mimm.um parking requirements shall be applicable to mixed use developments: (i) Residential dwelling units: 1.33 par1dng spaces for each one (l) bedroom unit and 1.66 parking spaces for each two (2) or more bedroom unit. (ii) Hotel: One (l) parking Elpace for each hotel unit. (iii) Non residential: For the non residential components of a mixed use project, parking shall be ealeulated at a minimmn of ORe (l) parking spooe for each two hundred (200) square feet of gross leaseable floor area. 2. Off street parking. One and one half (11'2) parking spaces shall be pro','ided f-or each hYO (2) employees on a maximum shift. In addition, visitor parking shall be pro':ided 'Nhich is deemed adequate to serve the needs of the partie'Hlar use by the planning and development boar-d. r' CBD CENTERAL BUSINESS DISTRICT 1. Off street parldng and loading spaee. a. Parking and loading spaee requirements. Par1dng and loading sp;;; requirements aad standards shall be as set forth in ofSeetions 11.H., 11.1., and 11.J., of these zoning regulations, as modified by the provisions below. ~. :arking space ealc1:dations: (1) Parldng space requirements shall be ealeulated in aecordaaee '.vith Section 11.H.16. sf these zoning regulations, eJreept that in the CBD, the following shall apply: (a) The ffi:lfRber of req1:cired paddng spaces shall be reduced by:fifty (50) per cent; and r (b) If the property O'.vner sr business is unable to provide on site one hundred (l00) pereent of the par1dng spaces required pursuant to Seotion 11.H.le. ofthese zoning regulations, all spaces provided by the property owner or business, on or off site, shull be maintained as unreserved, unrestricted parking available to the publio, exeept designated handicap spaces require by law. (2) Shared parking: 1.\'hen 1\.'10 (2) or more adjacent properties combine their on site parldng and construct a shared parking facility August 7, 2007 lQ SITE DEVELOPMENT STANDARDS r ~~i:~ ~mmon aeoess dri'les, the n1.H1lber of required parking spaees shall be reduced by an additional ten (10) percent. d. Special parking and loading space requirements. Tho eommunity redevelopment agency or City Commission, consistent with the approval procedUi'es set f-orth in Part ill, Chapter 4, Land Development Regulations, shall modify requirements for parking and loading spaccs, and: (1) Require additional spaces if the requirements are found to be insufficient. (2) Require fewer spaces if quantitative e','idenoo is pro','ided substantiating that the requirements arc excessive. The eommunity rede';olopment ageBcy of City Commission shall take into aeeount existing parking faeilitics .in the ','icinity of the proposed eevelopment. r D. Martin Luther Kin2: Boulevard Overlav Zone. fh Parking space requirements shall be calculated in accordance with Section 2 above Section 11.H.16 of these zoning requirements, and shall be reduced by fifty percent (50% h~ E. Payment in Lieu of Parkin!! 4- The payment in lieu of parking option is applicable within the Central Business District (hereinafter CBD) or subsequent zoning districts established to supplement or replace the CBD, and properties, and property assembled with properties as one site, that front on that segment of Ocean Avenue extending west from the CBD to Seacrest Boulevard. 1. t\:. ApDlicabilitv. Within this area at the time of any = building construction, exp"",iaB Of iB-:= that oreates addItIOnal floor area, or except '."here c ' allo',ved in S'Hbsection C. off-street parking spaces shall be provided as required by this article and Chapter 3. Article Ill. Secton 2.E. Chapter 2. "Zoning" Section 11.H. and Section 6.B. r B. The. area iB68GHfed for PlUflose.s of t1Hs '=~7; sha11 aBly mc1ado the floor "'00 doslgHea jlfL r,) : public aso, ana exoluded floor erca for bathFooms, ,.;:: ~ :'.:~ pr6jlamlloH ,lIIff. outdoor wmlmg ereas, :: ~~~~:~.~orago, and amas. ~i~abitable due to build~ eaEle reqUIrements or other ImutatIOns. August 7, 2007 20 SITE DEVELOPMENT STANDARDS r c. Mmor h.,;ldiBg expBBBioR' equal te er Ie" :an ~ parking liJ'ae., ,hall b. e..IUlled free the ,..q~,= tiescnbcd ill SubsectlOI:l 1 f... above, and fj improve"'.els thlll .....d ~. .two .liJ'ao. limit bill :: ~ ;~~ ~f the total area of emstmg rmpro','emerns, n ' :~::: ~ buildiI:lg area shall be subject to the parldng space requirements of Subsection ,"... above and Subsection E. below. D. E,dstiRg parkiRg liJ'aec, ,ball Ret be elimina~~ el~?R would ro,.lt m few.r liJ'acc, b~iRg =~ ';: the eXIstmg or ne',y floor area tha-a reqUIred s SubseetiOll /'J.. above. (....... 2. Fee (Method of Assessment). E. The parking requirement Ten percent (l 0%) of the required parkine: for new construction. as set forth in this subsection... may be satisfied in whole or part by the payment of a nonrefundable parking improvement fee in lieu of the provisions of all, or a portion of the required off-street parking spaces. Parking improvement fees shall be assessed as follows: The engineer for the applicant. shall submit a silmed and sealed cost estimate for the construction of structured parking spaces. The estimate shall be broken down by individual spaces. includine: desilm. land. and constructio~ cost. If necessary. an outside professional may be retained bv the City to review the applicant's cost estimate. The applicant shall pay the retainer fees . associated with the review of the cost estimate bv the City's consultant. Once reviewed and accepted bv the City Ene:ineer or designee. the parking improvement fee in the amount of I 10% of the estimate shall be paid to the City in full. prior to the issuance of the fIrst building permit for the proiect. $0 per space l:lp to September 30,2002 $1;000 per space betv:oen October 1, 2002 ana September 30, 2003 r $2,000 per space benveen October l, 2003 amI September 30, 2004 $3,000 per space September 30, 2005 between October 1, 2004 and August 7, 2007 ?1 SITE DEVELOPMENT STANDARDS r $4,000 per spaee September 30, 2006 benveen October 1, 2005 and $5,000 per space Septembcr 30,2007 between October 1, 2006 and $6,000 per space Septembei" 30,2008 between October 1, 2007 and $7,000 per space after October 1,2008 r The parking improvement fee shall be d'He and payable in full at the time that the first building permit is issued for the construction, expansion, or modifieation tha{: creates the need f-or parking spaces or for additional parking spaces, and in no event later than thc time a certificate of occupancy OF business tax receipt is issued for the building or use subj eet to the Section. Parking improvement fees shall be paid into the City of Boynton Beach Parking Trust Fund, and are subject to use by the City for parking related improvements in the geographic area to which this subsection Subsection 4. applies. g. Paymem in lieu of parking; (1) When the eommunity rede':elopment agency fmds that the property o','mer seeking an expansion cannot effecti':ely, efficiently, or economically provide f-or parking required for the expansion, tho eomm1IDity rede':elopmeI1t ageney may reoommend to the City Commission a pa:yment in lieu of parking. The payment shall be based on a f-ormula as set forth in saesection 11.1.(4) of this Chapter. In appro':ing or disapproving iHl:Y payment in lieu of parking the City CommissioI1 shall use the sume criteria used by the Community Redevelopment agency as stated herein above. (2) The community redevolopment agency shall make the foIIo'.ving findings prior to authorizing a payment in lieu of parking: r (a) The numbcr of off street parking spaces required to be provided fDr a de'.'elopment by the Land Dcvelopment Regulations. August 7,2007 (b) The mmdrnum number of spaces which can be provided by the developmcnt in a mar.ncr ')') SITE DEVELOPMENT STANDARDS r whieh effeetively serves the de~/elopmelft, is cost efficient, . and is consistent ~Nith the intent of the CBD zoning distriet. (c) The munber of parking spaces that thc commllnity redevelopment agency determines can reasonably be accommodated in municipal parking fa~~~ties, :~~:r e:isting or planned to be eonstrueted withiN (5) ye~s after authorization of thc payment in lieu of parking. (d) The current capitaJ cost of proY/iding required parking spaces to serve the use contemplated by tho payment in lieu of parking. 3. Additional Requirements. ~ Whenever a payment in lieu of parking is authorized and accepted, the following additional requirements shall apply: r , ~ W Any off-street parking arrangement satisfied in this manner shall run with the land, and any subsequent change of use which requires more parking shall require recalculation of the payment in lieu of parking fee. b. fb1 No refund of payment shall be made when there is a change to a use requiring less parking. (e) The payment in lieu of parking sflaJ.I be made to the city in one 1l:lm:f3 sum prior to issuance of a building permit. r tel) Funds derived from a payment in lieu of parkmg shall be deposited by the city mto a parking trust fund, and lmless the applicaBt eonsents etherv:ise, shalI be used and expended exc1HShcly for the purpose of plan..ring, designing, or developing public parking facilities located \vithin one thousand (l,000) feet of the de':elopment f-or \vhich the payment in lieu of parking 'NilS made. The distance requirement referenced herein shall bo a straight line measurement from a poim on the boundary line of the property, v.wch is the subject of the application to the closest boundary line of tho property on whieh the publie parldng facility is IDeated. August 7, 2007 23 SITE DEVELOPMENT STANDARDS I....... 4. Parkin!! Trust Fund. In addition to land acquisition and the construction of par kine: spaces. the funds collected may be used to inform the public about parking resources or transit programs. as well as to promote alternative programs intended to alleviate parking cone:estion. such as the use of the City's trolley system or the construction of bicycle lane facilities. Section 4. Exceptions to Providin2: Required Off-Street Parkin2: A. Adaptive Re-Use 1. ApPlicabilitv. @j For existing structures parcels of land within the Central Business District (CBD) or subsequent zoning districts established to supplement or replace the CBD, and any parcel or parcels of land assembled by unity of title that front on that segment of Ocean A venue extending west from feFm the CBD to Seacrest Boulevard, no additional parking shall be required where: r .!:. (ij The structure is enlarged in a manner not exceeding one hundred percent (100%) of the gross floor area; or b. fiB The capacity of the structure is increased by adding dwelling units, floor area, or seats; or ~ tiH1 The use of a structure is changed. 2. Exemptions. The following uses are exempt from the provisions of this subsection @j and shall be otherwise required to satisfy the parking requirements of this article Section 11.H of this chapter: !: (ij structures. Multi-family residential uses and b. fiB worship. Churches, temples and other places or r s (ilij Theater~, auditorium~, meeting hall~, and other places of assembly. August 7, 2007 'ill SITE DEVELOPMENT STANDARDS r d. ~ Clubs, lodges and fraternal organizations. B. On.Street Parkin!!. 1. Applicabilitv. The minimum number of required off-street parkine: spaces for use or project may be satisfied. in part. bv the use of on-street parking spaces located within the public rie:ht-of-wav abuttine: that same lot or parcel. 2. Conditions. The provision for on-street parking spaces to be used to meet the minimum number of required off-street parkine: spaces shall be subiect to the following conditions: r ~ The on-street parking provision is applicable to all existing or proposed development located within either the Central Business District (CBD). a subsequent zoning district established to supplement or replace the CBD. or within a lot or parcel located within the adopted Ocean District Community Redevelopment Plan. b. Onlv the on-street parking spaces located within the public right-of.wav that abut the frontage of a use or project may be used to count toward meetine: the minimum number ofrequired off-street oarkine: spaces. The on-street parking spaces must be located on the same side of the street as the subject use or proiect. ~ The desilffi of the on-street parking spaces must be approved bv the City Ene:ineer in order to satisfy parkine: demand according to Section B.l herein~ and d. On-street parkine: SPaces utilized under this provision shall not. be reserved. temporarily or permanently. for any given use. Section 5. Other Parkin2: Re2:ulations. r..... A. Maximum Number of Provided Parkin2:. For all non- residential uses. the total number of provided off-street parking spaces shall not exceed the thresholds as established below: August 7, 2007 25 SITE DEVELOPMENT STANDARDS r 1. Thresholds. The lrrOSS floor area of the building expressed in square feet: Building Size Maximum Number of (Cumulative) Provided Parkin~ o to 10,000 s.f. No more than 15% of standard 10,0001 to 50,000 s.f. No more than 10% of standard Greater than 50,000 s.f. No more than 5% of standard 2. Methodolo2:V. Where the increase in the number of provided parking spaces as computed includes a fraction. the increase in parkine: spaces shall be the computed number rounded down to the lowest whole number. 3. Exemotion: Anv project within an established "Mixed-Use" district is exempt from this maximum parking restriction. provided that the parking provided is located within a parkine: e:arage or structure. (""' B. Handicap Accessible Off-Street Parkin~ K. Handioap requirements. 1. Applicabilitv. All parkirig lots shall meet or exceed State Handicap Code requirements, and comply with the Standard Florida Building Code and the eOUflty wide amen8ments tbereto. (....... ~ F or all roquired residential district parking spaees not vrithin an enclosed gaf'age, the All residential district parkine: spaces (surface. covered. enclosed) required pursuant to the Florida! Federal Fair Housing Act shall comply with the mandatory requirements of the Act. The fIrst parking space shall be the minimum size of the current city standard for a handicap space exclusive of public or private right-of-way. All other spaces where multiple vehicle parking is required shall be provided in accordance with current city standards exclusive of public or private right-of-way. All spaces, regardless of size, must comply with all provisions of the Land Development Regulations, and shall be maintained and drained so as to prevent nuisance or danger to the public and/or adjacent property owners. ~ There shall be provided off-street handicapped parking spaces consistent ',vith Chapter 23, .^..rtieIe rr.K of August 7, 2007 26 SITE DEVELOPMENT STANDARDS r the Boynton Beach Land Development Regulations at the time of the erection of any structure or the enlargement of any structure. 2. Table 4-7. Requirements. Handicao Accessible Parkin2: : T~b,lrSpaces Min, Accessible Up to 25 I 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2% Over 1,000 * (....... Source: Florida Building Code (Florida Building Code should be reviewed for current requirements) *20 spaces plus one (l) space for each 100 over 1.000 In addition to the above parking requirements. the Florida Building Code requires additional accessible spaces for medical uses that provide out-patient treatments or services for persons with mobility impairment. The desilm and maintenance of accessible parking spaces and sie:nage shall be in accordance with the Florida Building Code. All required handicap accessible parkine: spaces shall be provided on-site. c. Permanent Reservation of Off-Street Parkin2: Soaces. K. PBRMi\NENT RESERV.\.TION OF SP.^..CBS. Area reserved for off-street parking or loading, in accordance with the requirements of this section, shall not be reduced in area or changed to any other use unless equivalent off-street parking or loading is provided in accordance with this section. r S:\Planning\Zoning Code Updat~\LDR Rewrite\Part III\Chapters\Chapter 4 Site Development Standards\Final\ArticJe V Minimum Off-Street Parking Requirements.doc August 7, 2007 27 r r r r r ,.. August 7,2007 SITE DEVELOPMENT STANDARDS ARTICLE VI. PARKING LOT, VEmCULAR USE AREAS, AND LOADING STANDARDS Section 1. General. A. Purpose and Intent. The purpose of the article is to provide well-desie:ned vehicular use areas for the citizens. businesses. and visitors of the city. It is the intent of these regulations to ensure the provision of driveway access. Queuine: and stackine: of vehicles. site circulation. and 10adine: / service areas that are desie:ned for the safety and welfare of motorists and pedestrians. These desie:n standards are also intended to relieve traffic cone:estion on the streets and to minimize any detrimental effects on adiacent properties. B. Administration. The City Ene:ineer shall coordinate. interpret. and administer this article. C. Rules. C. Circulation and parking: All circulation systems and parking facilities within a proposed development shall be designed and located in such a manner as to comply with the following: 1. A clearly defined vehicular circulation system shall be provided which allows free movement within the proposed development while discouraging excessive speeds. Vehicular circulation systems shall be separated as much as practicable from pedestrian circulation systems. 2. Access points to peripheral streets shall be provided which adequately serve the proposed development and which are compatible and functional with circulation systems outside the development. 3. Whenever possible in proposed residential developments, living units should be located on residential streets or courts which are designed to discourage non-local through traffic. 4. Off-street parking areas shall be provided which adequately accommodate maximum vehicle storage demands for the proposed development and are located and designed in such a manner so as to serve the uses in the proposed development and not create incompatible visual relationships. SITE DEVELOPMENT STANDARDS ,...... 5. Safe and efficient access to all areas of the proposed development shall be provided for emergency and service vehicles. 6. Sidewalks shall be provided as required by the city regulations. 7. Conformance with the city and county thoroughfare plans is required. 8. Compliance with the Palm Beach County Traffic Performance Standards Ordinance is required. 9. D. Community serdoes: All proposed developments, ree:ardless of size, shall be designe~ and located in such a manner as to ensure the adequate provision of fire and police protection the follo\ving eOffiffiHflity serVICes: 1. Fire protection; 2. Polioe pr-eteotion. r D. Waivers to Standards. In addition to the regulations of this article, all lands shall be impro,,:ed in conformance with the minimum standards as set forth in the current Ene:ineering Design Handbook and Construction Standards or latest sUtJp1ement thereof. Anv deviation from development standards of this article or Engineerine: Desie:n Handbook and Construction Standards would require a waiver~ which is subject 10 review and """roval of the Ci~ Engineer. A request for a waiver shall be reviewed in accordance with Chapter 2. Article ill, Section 6. Section 2. Parkin2: Lot Desi2:n (Off-street Parkin2:) H:. PROVISION OF OFF STREET Pf......~vJNG SP}..CES. +. All proposed off-street parking areas shall conform to the design and layout requirements contained herein and the current edition of the Enl!ineering Design Handbook and Construction Standards. ::~ 23 of tho City of Boynton Boach Land Doy:elopment Rogulati , Off- street parkine: areas shall be approved according to the procedures contained in Chapter 2. Article n. Section 5.L herem. r , ~ A certificate of occupancy for a structure or premises shall not be 'issued until the required parking area has been inspected and approved by the City Engineer or eeve10pmcnt director or his designee. August 7, 2007 CHAPTER 23 P.^..RYJNG LOTS 2 SITE DEVELOPMENT STANDARDS ("' .ArtieIe 1. Article n. Miele In. In GeBeral . Required Impro':ements Prohibited Aotivity A. Purpose and Obiectives. Objectives Section 1. Purpose and 1. Purpose. }... Purposc. The purpose of this section chapter is to provide a set of regulations to govern the design~ construction~ and maintenance of parking lots within the City of Boynton Beach. It is intended that these regulations provide a minimum set of standards to be followed when parking lots are constructed in order to protect the health, safety~ and welfare of the public. Farthermore, the City of BO)l1ton Beach recognizes the relationship of these regulatioBs to the goals and objeotivcs of the eOl'BflreheBsi'.e plan. r 2. Obiectives. B. Objectives. The objectives of these regulations include, but are not limited to, the following: !:. -h To provide a maximum degree of safety and protection for the public through the orderly design of parking lots; !!: ~ To provide for a standard for construction which results in a relatively durable and nuisance free parking lot; s ~ To reduce the negative environmental impacts which may result from parking lot construction; d. ~ on site; To provide for storm water retention !::. ~ To provide for parking lots which are constructed in such a manner that the physically handicapped are not discriminated against; and r August 7, 2007 f:. 6; To permit the land owner to benefit from his ownership by providing for orderly parking lot design and construction consistent with the public health, safety and welfare. (Ord. No. 96 63, ~ -1, 1 21 97) ~ SITE DEVELOPMENT STANDARDS r B. Scope. Seetion 2. Soope. Except 'l/ithin the Community Rede':elopment Area boundaries, these These regulations contained herein shall be applicable to all permanent parking lots constructed or reconstructed in the city. In order to clarify the applicability of these regulations, compliance is required under any ofthe following conditions: 1. It When a parking lot serves an existing building(s) where said building(s) is proposed to be enlarged or when an additional building(s) is proposed to be constructed; 2. B. When a change in building occupancy occurs as defined in the Standard Florida Building Code; 3. ~ When a change in use occurs which results in additional parking being required as noted in Chapter 4. Article V Chapter 2, Section 11.H.16 of these Land Development Regulations; r 4. I* When compliance with the landscaping code is required (see Char>ter 4. Article ll); 5. B. Reserved; F. When an existing parking lot is expanded by twenty-five (25) percent or more in parking stalls beyond what was originally approvedt-aft€l G:- When any new parking stalls, driveways, access aisles or parking lots are proposed, these newly constructed areas as well as the existine: parkine: spaces must comply with the requirements of this article chapter. (Ord. No. 01 17, ~ 2, 8 7 01) C. Exemptions. Section 3. Exemptions. f... Exemptions. These regulations shall not be applicable under the following conditions: 1. When temporary construction or storage efflee trailers are proposed where the public is not invited; or (' 'Vhen temporary construction or storage trailers are proposed 'Nhere the public is not inyited; or 2. When the parking of equipment or work vehicles or the storage of materials is proposed; or August 7, 2007 4 SITE DEVELOPMENT STANDARDS (....... 3. When the number of parking stalls in an existing parking lot is expanded by less than twenty-five (25) per cent beyond what was originally approved and no building(s) is proposed to be enlarged or constructed, the existing portion of the parking lot need not comply with the requirements of this chapter. However, any newly constructed areas must comply with the requirements of this chapter; or 4. When a multi-family residential project is proposed and is designed to include units containing garages served by driveways, then these units shall be exempt from the requirements of this chapter. This exemption shall not apply to multi-family units that do not contain garages; or \Vhea proposed modifications or reno'/ations '::mild not ~~~;;~:~ ~ ~ber of dwclImg units in as. e-xisting FeslElentIal proJect; OF r 5. When the proposed improvements are of a maintenance nature such as repairs to existing lot(s), re- striping, overlays, drainage improvements, etc.; or 6. When the proposed improvements are upgrades to existing lot(s) such as lighting, curbs, landscaping, irrigation, sidewalks, and ch:ainage. 7. When an improvement or property in the Central Business District or which fronts on that segment of Ocean A venue extending west from the Central Business District to Seacrest Boulevard involves either a change in use and/or a minor improvement. For the purpose of this SUBsection, millOr imjlfov....eat. ."mllS lBiBor hailcliBg :.~::: wlHeh wollld etltervllOe geaemte the "oed fur .0 . : pad,;"g Sjlao:s. or impre.'....._ '.vhieh ""~d ::::: Ie.. two a&GllIenal pllfkmg Sjlaoes, hat whi..- I::: Ii".. (5!q PerooBl of the lotal....a of ""iotiBg~~~ (Ord. No. 96 63, ~ 2, 1 21 97; Ord. No. 00 61, S , ; Ord. No. 01 33, ~ 2, 7 17 01) August 7, 2007 D. Surface. Section 1. Minimliffi standards. All areas proposed for parking and / loading, or storage ineleding those instanoes exempted in 8ection 3 hereinbefore shall be improved to provide a hard, dust free paved (asphalt or concrete) surface.. in accordance with city standards and the Enmneerine: Desie:n Handbook and Construction Standards. Those areas exempted in Section 2.C.1 and Section 2.C.2 shall be surfaced with compactable r 5 SITE DEVELOPMENT STANDARDS r dust-free materials as approved by the City Ene:ineer. (OrEl. Ne. 96 63, ~ 3, 1 21 97;Ord. No. 02 033, ~ 1,8 20 02) 1: Pavement. H. DESIGN CRITERiA.. 1. Pa':ing. },J1 paving shall comply with specifications and standards set forth and osta-blishod by thc city engincer. Q. Parking lot pavemcnt. Refer to the Ene:ineering Desie:n Handbook and Construction Standards. eity standards for specific requirements. Other types of construction that may be utilized are subiect to review and approval of the City Ene:ineer. portland (;lemont eonerote, paving blocks, and stabilized sod, subject to thc approTlal of the city cngineer. r 2. Stabilized Sod. -e. Stabilized sod may be substituted for up to 50% fifty (50) pereent of the required parking spaces, where eighty 80% (80) per eent or more of the parking demand falls within a twenty-four-hour period each week. Sod may be substituted only for the area of parking stalls. All driveways, aisles, and maneuvering areas shall be hard-surfaced and shall conform to the design requirements contained in this article and within Ene:meering Design Handbook and Construction Standards. Chapter 23 of the City of Boynton Beach Land Developffieat Regulations. 'Sod parlciBg stalls shall have a base eonsisting of not less than eight (8) inches of stabilized shell roek, lime roek, or sand, or an equiyalent material as approved by the development director. Sod parkiRg areas shall have di:m.ensions equh<alent to the di:m.ensiofls of paTled parldag areas T.vith ninety (90) degree parking stalls and tvlO 'Nay traffic in aisles, as specified in Chapter 23 of the City of Boynton Beaeh Land Development Regulations. E. Illumination. The lightine: levels shall be in accordance with Chapter 4. Article VIT. Section 3.B. r F. Vehicular Traffic Control Markin2:s B. Traffic control 1. Plan. Eaeh parldng lot traffic plan shaH proT:idc for stop signs at ~dts, directional UITO',vS, internal traffie signs and information signs 'Nacre appropriate. It is intended by theso regulations that the applicant rctains the responsibility for tho proper and efficient mOT:effiant of traffic onto and/{)r through the sitc and that additional signing may ba required to aecomplish the safe movemcnt oftraffie. The location and type oftrafflc control deviccs shall comply v/ith eity standm'ds. August 7, 2007 6 SITE DEVELOPMENT STANDARDS r 2. Signing anEl marking. All traffic signing and pavement marking shall comply with the U.S. Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices. Particular attention is directed toward Section 2A, which contains sign design, shape, color, mounting height and other conditions. Fire lanes shall be identified with markine: and sie:nage in accordance with Section 8 of this article. Fire lane signs shaH be moximum fifty (50) fcet apart; fire lune ombing shall be painted refleetiye yello'lI; the '.vords Fire Lane shall be painted in three (3) foot high letters (four (4) inch brush stroke) e>:6I)' fifty (50) f'0ct using '.vhite traffic paint; and No Stopping or Standing signs shall be posted. G. Landscapin2:. C. Landscaping. Each parking lot shall be landscaped consistent with Chapter 4. Article II. Section 2 Chapter 7.5, .^..rtiele II, Landscape Codc, or in the instane6 of the central business district, Chapter 7.5, fJiiele III, Landscape Code. r H. Irri2:ation. D. Irrigation. All landscaped areas within parking lots shall have an automatic irrigation system, approved and permitted through the Department of Development de':elopment department. I. Curbs and Car StoP. Parkine: lot curbs and car stops shall be required and constructed in accordance' with the Engineerine: Desie:n Handbook and Construction Standards. ~ Curbs and ear stops. No more than two (2) aisles may be traversed . v/ithol:lt interruption, which shall be aocomplished by the installation of wheel stops or a raised, eontiooous omb. Landscaped areas in parking lots shall be protected from the encroachment of vehicles by a continuous, raised curb, or in the instance of a parking stall, by a wheel stop or a raised continuous curb. Areas to be protected include all pedestrian walkways. landscaped islands, landscaping adjacent to parking stalls and landscaping adjacent to curviiinear drive-ways where encroachment is likely to occur. Garb shall extend six (6) inches abo','6 pavement and shall comply '.vith city standards utilizing a minimum of tv:enty fh'e hundred (2500) psi ooncrete. August 7, 2007 J. Draina2:e. F. Drainage. Stormwater shall be contained on site. Containment capacity shall be designed for a minimum of two and one-half (2.5) inches of rain-fall in one (1) hour. Drainage Structures and exfiltration trenches shall comply with Chapter 4. Article VITI. Section 7. the Ene:ineerine: Design Handbook and Construction Standards and / or minimum city standards or standards of the South Florida Water Management District (SFWMD}. Catch basins shall be located in grassy areas r 7 SITE DEVELOPMENT STANDARDS (' unless otherwise approved by the City Engineer city engineer. Where appropriate, all drainage structures shall have sediment- settling basins that can be cleaned regularly of deposits by typical means. For impervious areas exceeding twenty five thousand f25,0001 square feet, the parking lot and facilities shall be designed and certified by a Florida-registered engineer. Maximum storage capacity of soil shall be considered at the rate of one (1) inch of water for each six (6) inches of soil above the water table. Drainage calculations are required in all instances. The hvdro10cic hydraulic conductivity of soil shall be determined with tests made at the site using test procedures recommended by the South Florida 'Nater Management District (SFWMD) or other procedures which have been approved by the City Ene:ineer city engineer. r K. Dimensions. 1. Parking lot layout. 1. Dimensions. Parking lots shall be designed to meet or exceed the dimensional requirements for stalls, driveways.. and access aisles as provided for in the Engineerine: Desie:n Handbook and Construction Standards. city standards. Separate city standards shall apply in the Community Rc de':e10pment ;'-rea boundaries and said Stafldards shall be in a separat-e doeumoot and shall be kno'lIfl as "City Parking Lot Standards f{)r the COflllTIooity Red6\'elopm0f1t :\rea" as shown in i\ttaehmont "}.." ofOrdinanoe No. 01 17. L. Access. 2. }..coess. Baeh parking lot or parking stall shall have sufficient aecoss fr{)m a street, alley.. or other public or private v:ay. Maneuvering and access areas shall be of sufficient size to permit vehicles to enter and exit the parking lot and parking stalls in a safe and efficient manner. In no instance shall parking lots be designed to allow vehicles to back out into any public alley or road rights-of-way, or segments of private streets which function as local or collector streets. The All angle parking shall aa'...e n minimum back-up distance oftwenty (20) f-cet between the parking stall and the abutting aisleway shall be dimensioned in accordance with the Ene:meering Desie:n Handbook and Construction Standards. CUiT0f1t eity standards. J. Parking garages. Publie or private purking garages shall comply with this ehaptor, -;lith the Standard Buildi:a.g Code and with county widoamendments thereto. ').1here appropriate, security systems may be required. r K. Handicap rcqun-ements. ,^..I1 parking lots shall meet or exceed State Handicap Code requirements, and oomply \vith tho Standard Building Code and the county '.vide amendments thereto. August 7, 2007 8 SITE DEVELOPMENT STANDARDS r M. StriDin2:. L. Pm-king lot striping. Parking stalls shall be delineated in accordance with the Enlrineering: Desie:n Handbook and Construction Standards. by dOlible line, painted stripes \vhere parking stalls abut each other, ',vhich shall comply with eity standards. M. Fire lanes. :\11 shopping centers, retail office complexes and retail establishments, including eommerciul establishments and industrial areas, in '.vhich the gross floor area of all buildings if fifteen thousand (15,000) square feet or greater shall have fire lanes along the front of all buildings which shall allO'l1 efficient access to the fronts of buildings by fire protection ':chicles. Fire lanes shall have a minimum pavement ';lidth of twenty tv:o (22) feet. Fire lanes shall not be eneumbered by parked vehicles, ineluding commercial '/ohieles, and shall not be used for the loading or . unloading of commercial ';chieles. .^..dditionaUy, fire lanes shall be clearly marked ';/ith signs and striping or a combination of both, which shull eomply '.'\'ith .^..rtiole II, Seetion B.2., of this chapter. r N. Parcel pielrup or eustomer dropofflanes. Pareol pickup or customer dropofflanes are permitted outside of the me lane, if those lanes comply ','lith dty standards. O. Parking lot maintenanee. Parking lots in the city shall be maintained so as to Bot be a nuisanco or hazard to the public, inclliding portions of drive'.vays 'lIfHch lie in thc right of way. N. Sidewalks. P. Side';lalks. Sidewalks shall be six (6) inches thick through all driveways and shall meet American with Disabilities Act (ADA) accessibility code requirements where applicable. handicap code requirements where applieable. Q. Parking lot pavement. Refer to city standards f{)r speoific requirements. Other types of construetion that may be 1:1:tilized are portland eement eonerete, paving bloeks, and stabilized sod, subject to the approval oftae city oo.gineor. r R. Staeking spaee at dri':e up openings. Dri':e lip openings through whieh food is passed shall be served by a drive through lane whieh provides a minimum of seventy (70) feet of vehicular stacking space ',','hich does not obstruct or restrict in any ....lay the free movement of emergency '1ehicIes, scrvieo vehicles or any other type of vehicles. See also Chapter 9, Section 11, paragraph H. August 7, 2007 Q r SITE DEVELOPMENT STANDARDS Section 3. (-.... 1'...... August 7, 2007 Drivewav Openin2:s and Access A. General Standards G. Reserved. H. Driveway. 1. Width. Parkine: lot driveway openine:s and access points shall be desie:ned in accordance with the Ene:ineering Design Handbook and Construction Standards. Parking lot driveways shall be a minimum width of twelve (I 2) feet fDr one way drives and tv:cuty five (25) feet for tV/O way drives, at the right of ',':liY line. Maximum v:idth of any dri':c at the right of Vial' line shall be thirty six (36) feet, unless otherwise awroved by the city engineer. 2. Drive radii. Each parking lot driveway shall have a radius at the intersection of the vehicular traffic lanes desie:ned in accordance with the Engineering Design Handbook and Construction Standards. ofh.venty fivc (25) feet or as otherwise approy:ed by the city engineer. 3. Distance from streets. Parkine: lot driveway openine:s shall be separated from intersections in accordance with the Engineerine: Desie:n Handbook and Construction Standards. Parking lot dri'/eways shall he constructed at least thirty (30) feet from the intersection ofthe right of \vay lines along looal streets, fifty (50) feet along eolleetor streets, and one ffimdred h.'/enty (120) feet along streets of a higher olassification. 4. Clearance at parking stalls. A safe and unobstructed space between the side of a parkine: stall and a public / private rie:ht-of-way. access aisle. or interior driveway shall be desilmed in accordance with the Engjneerine: Design Handbook and Construction Standards. Provide a safc and unobstructed spaoe of eighteen (18) fcet in length bctv:eeu the side of a parking stall and each of the following: a. .^.. public or private right of 'Nay b. .^..n access aislo e. .^ill interior drivev:ay This rcquirement does not apply at the egress end of an acoess aisle or at a dri':o',vay, access aislc or right of v:ay where ninety (90) degree parking is provided. IO SITE DEVELOPMENT ST ANDARnS r 5. Clearance at major driveways. Unless otherwise apProved by the City Encineer. the +fie minimum distance from the street right-of-way line at any major ingress or egress driveway to any parking stall or to any interior access aisle having direct access to such driveway shall be one hundred (100) feet. 6. Intersections. 'Nith oounty and state roads. Driveways which intersect streets owned and maintained by a governing body other than Boynton Beach must be permitted by the proper governing agency, prior to issuance of a building permit. ("' 7. Number of driveways. A property with street frontaee is allowed a maximum of two (2) drivewa~ openings. The number of driveways may be limited to one 1 0 enin due to factors such as the len of the street frontae:e: distance between driveway openings: location of driveway openings on abutting properties: or other extenuating circumstances deemed substantial by the City Engineer. A property with frontae:e alone: two (2) or more rie:hts-of- way may be permitted additional driveway openine:s. depending on traffic volumes. but in no case shall there be more than two (2) openine:s allowed on an; ~ven street. ;:~t alOfig the w,,"! si"o ~fNE 9th S!roet, ~~ ;::: ~:.~, Be moro thae twe (2) tlnveways -::; :~ =::~~~ ')lbOFe~re~erll","lmt : e ;::: :::::'~?~:..te right of way, Ildaitiefial an ;:;:~~:;.::; ~~ ""l'''''a...g Ilflon _. vol.....os, h : :~~:;:all the number of drivev:ays exoecd ~~ (2) B. District Standards r 1. PID Planned Industrial Development Districts. - "3. Drivoways. iR the iet....st ofpHblie sor.:;', :; = ~~~ (:) dri':lw:ays shall be permitted ~;; ill single ~'ler ~uhli. right of, way, aed intori..=: ::::: b~ l~tcd to no more than tVlQ (2) pei' do parce} and iBterior drive-Nays In addition to the minimum general standards stated above. dliveway openin~ shall be located no closer than one hundred and fifty (150) feet from center line to center line. August 7, 2007 11 SITE DEVELOPMENT STANDARDS r 2. All "Mixed Use-Urban" Districts. 9. /..eeess. Drivewav openine:s Vehicular aceess shall not be directly from an arterial roadway where sufficient alternative access is available. Section 4. Loadin2: Standards A. General. 2. The follo'.ving spaces shall be provided f-or the uses indieated: a. Unless a waiver is l!fanted by the City Engineer. every ~ hospital, institution, hotel, commercial or industrial building, or similar use, requiring the receipt or distribution by '1ehicle of materials or merchandise Qy oversized vehicles, shall have sufficient permanently maintained off-street loading space so as not to hinder the free movement of vehicles and pedestrians over parking areas. a street~ or sidewalk. r b. All structures requiring the pickup of large quantities of garbage or trash shall provide un easily accessible arca for the pielrup and delivery of a dmnpster or other trash r6e6ptaele; all such areas shall be so desigaed that garbage and trash piekup can be aeoomplished \vit:Bout cmeessive maneuvering such as tuming around and backing up. b. Off street loading. E':ery hoI;lpital, institution, :Botel or commercial building or similar use requiring the rceeipt or distribution BY ':eltiele of materials. or merchandise shall ha'/c one (1) off street loading bay for eaoh twenty five thousand (25,000) square feet of grass floor area or fraction thereof. Off street loading areas shall be desigaed in suoo a manner as to screen from ':ievl at gro1:Hld level, parked vehicles, a materials handling faeilitics in eluding eOFH.jJactors or Effimpsters. For tHe purposes of this section, sCf'eenmg is defined as a solid sruoeo masonry wall painted OR botH sides. N. Paroel piekup or oostomer dropofflanes. Parcel pickup or customer dropoff lanes are permitted outside of the fire lane, provided that thev do not hinder the movement of vehicles or pedestrians ifthcse lanes comply v/ith city standards. August 7, 2007 B. Dimensions. J. OFF STREET LO:\DING: 1. For the purpose of this ordinance, the term "off-street loading or unloading space" shall mean a vehicular loading space constructed of a hard surface and shall consist of a space with dimensions not less than twelve (12) feet in width, thirty-five (35) feet in length and fourteen (14) feet in height, exclusive of access aisles, maneuvering space~ or alley right-of-way. S. Loading zone. ..^..II parking lots subject to the requircmonts of Chapter 2, Section 11.J, shall pro':ide r 12 SITE DEVELOPMENT STANDARDS r : ~~:~~ twelve (12) foot BY thirty fiye (35) foot loadiag spaec fDr the rescipt...<IIor iliotrilmlien ofmaterillls. (Oro.~.~: ~~' ~~ ~ ~' :'i' ; 2~ ~7; ~. No 97 28, ~ ~ 1, 2, 7 I 97; 0;;;:' ~~.;; ;i' = ;:: ~ ~;) Or<Hlo. 02Q33, ~!3, 1,82002; Or<H. 0 ,u 1_ C. Modifications. A required 10adine: bay or zone shall neither be reduced in size causine: it to be non-conformine: nor shall the use of it chane:e therebv failine: to meet the e:oals and ob1ectives of the orie:inal. unless it is replaced with an equivalent 10adine: area or zone. D. District Standards. In addition to e:eneral requirements in Section4.A. above, additional loading areas may be required within developments zoned Planned Commercial Development (peD). The number of required loadine: areas shall be based UPon the size of the development. types of uses. and confie:uration of the buildine:s. Additional buffering may be required at the discretion of the Director of P1annine: & Zonine: to ensure that such areas are adequately screened from view. r'" ~~~LEm. PRO~ITEDf.CTNITY 8ee.l. . P::a~ :::;:. ~{~ ~a mInor molor ......oIe or boot r""",;, =: :1 ~~~, afltling eroiler lebriCORts, ...d ;"s~~::= : ~~~'t.a III pebl.. p~ 1010 er spaees, ;,;;; :=' ~ fJf leed:mg areas ...d " deel...ofl Ie be e I: == ~1lI PF6jlerty eweNS eagagea m the SllI~~~: .:~: : ~~ parts, ods, 0' lebne_, shall peet no. u " h.. : ~~i~ ia elese proximity Ie eheok eel eollDler. or S: ~= ~~~mNs erthis prelHbjlion. Vielalio:~: :;::: ~ ~ ~~'He eebJeet to eflrO""""eflt !h.eegh- 6 :-: ~ ~~oe abetomeBt aeliOB, lBeffieiplll ordin"""" ~:.: ~~[~~jllDcli"" Felief Law ~faro...<mt elli.';~ ~-N= ~ Is:~e ~otiee to appear fox VIOlation oftlus seeaon. f. . g 1, ~ 1, 1 5 99 . E. Community Desi2:n. See Section 9 of this article for additional regulations related to off-street loadine: areas. Section 5. Solid Waste Removal (Dumosters) August 7,2007 A. Location. lr. In accordance with this section and p;rt IT Ch;:ter 10 Garbae:e. Trash. and Offensive Conditions. all ~ AIl structures requiring the pickup of laFge quantities of garbage or trash shall provide an easily accessible area for the pickup and delivery of a dumpster or other trash receptacle; all such areas shall be so designed that garbage and trash pickup can be r I3 (' r r August 7,2007 SITE DEVELOPMENT STANDARDS accomplished without excessive maneuvering such as turning around and backing up. No dumpster enclosure or trash receptacle shall be located in a parking space. B. Dimensions. The size of the dumpster enclosure shall be constructed in accordance with Engineering Standard Drawing G-4 of the Ene:ineerine: Design Handbook and Construction Standards of latest supplement thereof. C. Screenin2:. 8. Dumpster loeation. Dumpsters shall be adequately screened from view in accordance with the provisions of the Land Development Regulations, or compatible with the surrounding environment if located out of view from the general public (see also "Landscapine:" in Chapter 4. Article n. Section 3.0.). 9. Serviee aIBas and dumpsters: a. Dumpsters shall be pl{}eed on a concrete pad, of at least one hundred (l00) square f'0et. b. Service areas and dumpsters shall be sereened from 'liew by walls at least six (6) feet high, landscaped '?lith shrubs and/or vines. D. Communitv Desi2:n. See Section 9 of this article for additional ree:ulations regardine: dumpster enclosure areas. Section 6. Queuin2: and Stackin2: Unless otherwise approved bv the City Encineer. drive-throue:h facilities for banks. pharmacies. restaurants. and the like shall provide a minimum distance of70 feet for vehicular stacking purposes. Gasoline stations shall provide a distance of30 feet at each end of the pump island. Oueuine: shall be measured from the front of the stopped vehicle that would be located at the point of ultimate service to the rear of the Queuing lane. The ~ueuing lane(s) shall not obstruct or impede the free movement offue. emer encvor services vehicles. or the general vehicular circulation throue:hout the site. See also Chapter 4. Article m.. Section 8.FA "Drive-through Windows". Where deemed appropriate bv the City Engineer. a by-pass lane shall be provided before Of around the point of service of a drive-throue:h facility. A by-pass lane may not be required if the queuine: lane is adiacent to a vehicular use area which functions as a by-pass lane. The by-pass lane shall be clearly designated and distinct from the queuine: area. R.8tackingspaoo at drive up opooings. Driye up openings through which fDod is passed shall be served by a dri'le through lane which pro'lides a minimum of seventy (70) fcet ofvchiculur stacking space which does not obstruct or festrict in any "vay the free movement of emergency vehicles, servicc vehicles or any ether type of':ehicles. See also Chapter 9, Section 11, paragraph H. 14 SITE DEVELOPMENT STANDARDS r Section 7. Fire Lanes r The Fire Marshall may require a fire lane alone: the front of any non- residential buildine: e:reaterthan 15.000 square feet or any multiple-family / mixed use buildine:. in order to allow for the efficient movement and acCess of fire or emere:encv vehicles / personnel. Fire lanes shall be separate from off-street loadine: zones or loadine: areas and shall not be encumbered by any parked or standing vehicles. Designated fire lanes shall be clearly marked with adequate pavement markine: and signae:e. The fire lane dimensions. pavement markine:s. and signae:e shall be desie:ned in accordance with the Florida Fire Prevention Code. .M. Fire lafles. :\ll shopping . centers, retail office eompleKes and retail establishments, induding eommereial establishments and industrial areas, in whiefl the gross floor area of all buildings if fifteen thousand (15,000) square f-cct or greater shall have fire lanes along the front of all buildings ':lhioh shall allo'"" effieient aocess to the fronts of buildings by fire proteetion vehicles. Fire lafles shall ha'..e a minimum pavement width of hventy two (22) feet. Fire lffiles shall not be encumbered' by parked '1ehides, iBoluding oomml?i"cial vehioles, and shall not be used for the loading or anloadmg of commercial vehicles. }..dditionally, fire lanes shall bc dearly marked ',vith signs and striping or a comeination of both, 'Nhieh shall eomply with Amele II, Seetion B-2., eftliis chapter. Section 8. Location Standards for Surface Parkin2: or Parkinl!: Garal!:es J. Parking garages. Public or private surface parking lots. understory parking, and parking garages shall comply with this article. ohapter, ',vith the Florida Standard Building Code,1 and with county-wide amendments thereto. Where appropriate, security systems may be required. A. General Standards. Parking calculation reQuirements for all uses shall be as set forth bv Chapter 4. Article V. Section 2. In addition. the foIlowine: ree:ulations shall apply to all surface parking or parkine: e:arages: 1. Residential Uses L LOCA nON OF OFF STREET P.^..R..T(l}JG SPACES. 1. Required parking spaces for all dwellings shall be located on the same lot as the dwelling to be served. r 2. Non-Residential Uses ~ Required parking spaces for all other uses shall be owned by the owner of the building or lot to be served, and shall be located on the same lot, or not more than three hundred (3001 feet distant, as measured along the nearest pedestrian walkway. August 7, 2007 15 SITE DEVELOPMENT STANDARDS c 3. Shared Parkin2:. Parking space requirements of two (2) or more uses ofthe same or different types may be satisfied by the allocation of the required number of spaces for each use in a common parking facility. Joint allocation among several uses of a lesser number of parking spaces may be permitted in accordance with Chapter 4. Article V. Section 3.e. paragraph 13 of this slibsoction. B. District Standards 1. CBD Central Business District. .!: Location. c. Location of parking spae6S: (l) No surface parking shall be permitted in the front yard of any building along a major public pedestrian streets cape system as designated in the community redevelopment plan. r ~ Notwithstanding the e:eneral standards in Section 8.A. above. provisions of Seetion 11.1., in the CBD required parking spaces shall be owned or leased within 1.000 one thousaFld (l,000) feet of the building to be served. The distance requirement shall be a straight line measurement from a point on the boundary line of the property, which is the subject of the application, to the closest boundary line of the property on which the leased parking is located. The property, which is the subject of the application, shall be posted with signage indicating to patrons the location of the leased parking. b. Lease Arran2:ements. ~ Lease arrangements to provide required parking spaces shall be subject to approval by the Community Redevelopment A~ency commlmity rcdeY:elopment agoocy, after review and recommendation by staff the technical rey:ievl board. 2. "Urban Mixed-Use" Districts. August 7,2007 .!: Applicability. The following regulations shall be applicable to the Mixed Use-Low Intensity 1 (MU-Ll). Mixed Use-Low Intensity 2 (MUL2). Mixed Use-Low Intensity 3 (MU-L3). and Mixed Use-High Intensity (MU-ill districts. 11. Parking requirements. Parking requirements for tho.both the ~ru H and MU L zoning districts shall be as set r 1f> SITE DEVELOPMENT STANDARDS r furt-h BY Chapter 2, SectioFl llH, of the Land Developmoo.t Code. Chapter 2, Section III, shall apply only to the MU H zoning district.. b. ~ Structured parking is preferred for all mixed use developments, and no surface parking should be visible from an adjacent arterial or collector road. ,...... . ~ Location. Notwithstandine: the e:eneral standards in Section 8.A. above. in the Mixed Use- Low Inteosity 1 !MU-L1). Mixed Use-Low Intensi~ 2 (MU-L2). Mixed Use-Low Intensity 3 (MU-L3t and Mixed Use-Hie:h Intensity (MU-H) districts. reQuired parking spaces shall be located within 1.000 feet of the buildine: to be served. The distance reQuirement shall be a straight line measurement from a point on the boundary line of the property. which is the subiect of the application. to the closest boundary line of the property on which the leased parkine: is located. a: On-site parking facilities shall be located to the rear or side ofthe structure they are intended to serve and screened from view from public streets, notwiths~anding other provisions of these regulations that require a specific residential automobile garage setback, and subsections 2.b and 2.c. Rd. and 8.0. below, permitting understory parking and regulating parking garages. The intent of this provision is that parking facilities not be prominent, as viewed from the street(s) that serve(s) as the main orientation for the principal building(s), in order to emphasize buildings and pedestrian features and de-emphasize parking facilities. In order to best achieve this objective, rear parking is preferable to side yard parking. Access to parking shall be from side streets not serving as the principal structure's main frontage, when possible, in order to minimize vehicle/pedestrian conflicts along sidewalks resulting from driveway crossings. August 7, 2007 d. Parkin2: Gara2:es. &.- Freestanding parking garages as part of a mixed use development are permitted within the MU-H district ~ only. Within the MU-H district 600e, free-standing single- use parking garages can not exceed s6':enty five (75) feet in height, and shall not have direct frontage on Boynton Beach Boulevard, Ocean A venue or r' 17 SITE DEVELOPMENT STANDARDS /' Federal Highway, unless the portion of the garage abutting these streets contains storefronts, restaurants or other permitted nonresidential uses on the first floor. The intent is to border or wrap the garage in storefronts and other permitted habitable floor area to a minimum depth of tv/eat)' (20j feet, so as to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. Above the retail space. parking Prineipal structures that ino1lide parking garages shall be designed to blend with the architecture of the adjacent structures on garage \-vita the remainder of the mixed-use site in order structure to create the illusion that the garage is habitable floor space. All other sides of the parking structure shall be screened from view bv a livine: trellis (utilizing climbing vines). planter boxes. tall landscaping. shutters. and / or other architecturallv articulated facade features in order to soften their impact. r Eh Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors, are permitted within the MU-H and MU-L Zones. Understory parking (on the first floor of a structure) is permitted throughout the MU-H and MU-L Zones for multiple-floor buildings. Such first floor parking areas, abutting on arterial roadways, are required to be developed for commercial uses to a minimum depth o~ I\VO!lly (201 feet. All ether ~~: ~:::: ~~::~ ~.;"'. shill! he sereeBe ~ ; .,=:: : ;~~~~ trollffi (atilitiRg eli"'hiBg"",S~ = ::~:~rally artlcillated facaae EleSlgH 0 the parldng af{)a. All sides of the structure must be enveloped with habitable or leaseable space in such a manner that the e:arage component. other than access drivers). cannot be seen from an~ elevation. August 7, 2007 !:: Interconnectivitv. e:- In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. Parking facilities shall, wherever feasible, be designed for future connection to an adjoining parcel where an existing connection cannot be established. r ~ IR SITE DEVELOPMENT STANDARDS r ~ 3. SMU Suburban Mixed Use district. !: Location. Notwithstandine: the e:eneral standards in Section B.A. above. in the Suburban Mixed Use (SMU) district. required parkine: spaces shall be located within 300 feet of the building to be served. The distance requirement shall be a straie:ht line measurement from a point on the boundary line of the property. which is the subject of the application. to the closest boundary line of the property on which the leased parkine: is located. r b. Parkin2: Gara2:es. b. Freestanding parking garages as part of a multi family rcsidootial or mixed use development are permitted within the SMU Zone. Within the SMU district 600e, freestanding parking garages shall not have direct frontage on major roadways unless a portion of the garage abutting said streets contains storefronts, restaurants or other permitted nonresidential uses, or residential uses on the first floor. The intent is to border or wrap the e:arage in storefronts and other permitted habitable floor area to a minimum depth of 20 feet. so as to disguise the e:arage and create continuity in street-level activity by maintainine: interest for pedestrians and passing automobile traffic. Above the retail space. parkine: e:arae:es shall be desie:ned to blend with the architecture of the adjacent structures on the remainder of the mixed- use site in order to create the illusion that the garage is habitable floor space. All other sides of the parkine: structure shall be screened from view bv a living trellis (utilizine: climbing vines), planter boxes. tall landscaping. shutters. and / or other architecturally articulated facade features in order to soften their impact. The intent is to attempt, where possible, to border~ or wrap the garage in storefronts and other permitted habitable floor area so as to disguise the garage and create continuity in street level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that include parking garages shall be designed to blend the arohitecture of the garage with the remainder of the structure or adjacent buildings. Portions offi'eestanding parking garages that are not screencd with habitable space and are in view from r August 7, 2007 '" SITE DEVELOPMENT STANDARDS r..... the g"'eml pablie sllan HliIi.e do,lga ftle~:,,: 00 sflHtters, planter boxes, taIl laBdseapm, . softea their impact Er. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors, are permitted within the SMU Zone. Understory parking is pennitted throughout the SMU Zone for multiple-floor buildln~. Sneh parl<iBg :"""" Shan: ....: from Vj,,,,, by l...d,oapIBg, bnild" 5, :: arcillteoturaUy artioulated faeade designed to ;;r: the parking area. All sides of the structure must be enveloped with habitable or leaseable space in such a manner. that the e:arae:e component. other than access drive s cannot be seen from an elevation. ,.... ~ Interconnectivitv. Eh In order to increase the efficiency of parking provision and vehicle circulation, parking facilities shall be interconnected whenever possible. 4~ Urban Commercial District Overlav Zone. One of the obiectives of the overlay zone is to revent the lacement of off-street arkin between the front of the buildine:( s) and the rights-of-way. 5. Martin Luther Kin2: Boulevard Overlay Zone. One of the obiectives of the overlay zone is to revent the lacement of off-street arkin between the front of the buildin~~) and the rie:hts-of-way. However. require4 9. PurldHg. b. Requir~ parking spaces shall be owned or leased within one thoHsafld (1 ,OOOf feet of the building to be served. fB The distance requirements shall be a straight line measurement from a point on the boundary line of the property that is the subject of the application to the closest boundary line of the property on which the leased parking is located. ,........ f.21 The property that is the subject of the application shall be posted with signage indicating to patrons the location of the off-site parking. August 7, 2007 20 ,.... SITE DEVELOPMENT STANDARDS &.- Lease arrangements to provide required parking spaces shall be subject to approval by the Community Redevelopment Agency. Section 9. Communitv Desien A. General. 1. Purpose and Intent. The purpose of this section is to promote harmony with nature and a pleasant and comprehensible cohesiveness among development within the City. Throue:h enforcement of the Community Desilm. the local elected officials shall determine the basic aesthetic character to be achieved in the development of the community. 2. Administration. The Director ofP1annine: and Zoning shall coordinate. interpret. and administer this section. ,....... 3. Waiver. Any deviation or variation from the regulations of this section requires the approval of a Community Desie:n Appeal (CDP A) in accordance with Chapter 2. Article II. Section 9.' B. Off-Street Loadin2:. Off-street loading areas shall be desilmed in such a manner as to screen parked vehicles from view at ound level. In no instance shall a loadin s ace front alon... a public rie:ht-of-way. These facilities shall be adequately screened from residential districts. I I: ag stroot 10odin;;; :; ::= ::.a~l o~ ~:~t 10admg faCIlItIeS :&aRt on a publIe _ : ~~ ~~:~;.~h~Il these facilities be located ',vithiR eyesight of fesHlentlal dIstriet. C. Seiviee .'-Teas. 1. Unloading and loading areas shall be screened from streets and public view by a buffer wall or continuous vegetative buffer in accordauce with Cha:er 4. Article Jl~ection m.. Vegetati.... buflCrs shaI1 be COIH.p ',ed ef '00: :~": ~~~_havIBg ."",. fuhage ead of. sIze au. spaolH- ~ ;: continuous screen of plant material as required by the L~d~~; ~ 1"...... C. Dumpst.rs. 2. fJI dumpst.rs OIl. rec::~: ~~~~:~cIos shall be located on sito so tbat they Me casily a~~~ . for plOlrup. August 7, 2007 21 ,.... r (' SITE DEVELOPMENT STANDARDS 3. ;\1I ~sters, reeyeling receptacles and lift statioRs shall be screened from publie vie,;,: with Ii six foot high, ooncrete block stuccoed wall. Sueh enclosure openings shall have gates. All dumpsters. recvcline: receptacles. lift stations and the like shall be screened from public view with a minimum six (6) foot high stuccoed masonry wall. The gates of the enclosure shall be screened to obscure a view into the interior of the enclosure. The walls of the enclosure shall be painted to match the color( s) of the principal structures on-site and have landscape material planted in accordance with Chapter 4. Article II. Section 3. S:\Planning\Zoning Code Update\LDR Rewrite\Part IIT\Chapters\Chapter4 Site Development Standards\Final\Article VI Parking Lot. Vehicular Use Areas,and Loading Standards.doc August 7, 2007 r'" (- r August 7, 2007 SITE DEVELOPMENT STANDARDS ARTICLE VU. EXTERIOR LIGHTING STANDARDS Section 1. General. B. Lighting. ~. ;1'::: ~_~. E\'ery habitahle re::: a~1 ::: == :~:~:c ~~~~~~~r fixtuTes properly eo ~~; t S8tifee of eleetrie power. ~~ ~~~~tuF05. Every bathreem: ~~v;: ~:::: n::= =ctz_r~, fumaoo room ...<1 pabhe " "'" ~::::= :0::: i~~ ~ "aI.ilalie.B sl1all hnv.e P.f"'~ :;:::':::: ::~l~~ l~ aeeOMaflOC \TlltB. t.ae reqUIrements 0 Ii af the eity. ~. . ~~~gilt in habitable roOms. Every he=~= :: ~": ::L~~.~e '1Jm.~.0'N~~1iglll ~~ d::i :..;:-=::: ~~::~~ ::~~~~;<j;:: ;~:; ..";..9,07:::0;: :2~:;;~ the mr,1igllt ryp., ~e m~~e€E;= ::: ::~ ~":' thnn lift.... peroSBl (15% e:: =::;".: :::.= ""oopt wI""" e~er IROllDB 0;;';1;. .:..' ~. ,:;.:::...~ ~on ltahilBble S)lao.. Every P:;'i<l ":'::;':: ::~. b~ leonle<l;" a structure,.,oo [0;.:;: :::::'~: ::: "'~ ~equatc nllluFal or amlia.1 1 . b ;:1:::: ::;:00. ~e ~lft...1 er artilicialligilling n':::~~ :: ::~e:, ::::~~~:.~ foot candles measured lB I i3 I normally travelod passagcvlays and stairs at tho flooF. B. Administration. The City Engineer shall coordinate, interpret, and administer this article. r SITE DEVELOPMENT STANDARDS C. . Waivers to Standards. In addition to the regulations of this article. all lands shall be improved in conformance with the minimum standards as set forth in the current Engineering Design Handbook and Construction Standards or latest supplement thereof. Any deviation from development standards of this article or Enmneering Desie:n Handbook and Construction Standards would require a waiver. which is subiect to review and approval of the City Enmneer. A request for a waiver shall be reviewed in accordance with Chapter 2. Article m. Section 6. Section 2. Required Exterior Li2htin2: c. Glare. Lighting All exterior lighting shall be designed and installed in compliance with the "Heat. Humidity. and Glare" Provision of the Operational Performance Standards of Chapter 3. Article IV. Section I WR: Chapter 2, Section 4,Paragraph N7. r A. Within Public Ri2:hts-of-wav Section 1 4. Street lighting. Street lighting is required on all public street rights of \-vay. i\pplieant is responsible for supplying and iBstalIing a system aooeptable to Florida PO'Ner aad Light Company and the city engineor. Upon completion and demonstration, the city'.vill extena its ourrent a-greement with F.P.L. and absorb the energy cost of street lighting on eity streets. Stroot lighting is optional on pri':ate ~~~~~~ ~d the east of supplying, installin&..and pro'!:iding energy and 1if-c long maintenanee is the sole responsibility ofthc applicant and its suocessors or assigns. Street lie:htine: shall be placed on all public and private rie:hts-of-way in compliance with the most recent addition of the City of Bovnton Beach Engineerin2 Desie:n Handbook and Construction Standards for Landscapine:. Irrie:ation. and Lie:hting. (Ord. No. 02 033, ~ 3,8 20 02) Seetion 11. Street lighting. Where street lighting is installed, it shall be installed on all local and collector streets, at each intersection, at the end of cul-de-sacs, and wherever, in the opinion of the City Engineer city eBgineer, a dangerous traffic / pedestrian condition exists is creatod. Between intersections, street-lights may be engineered for security purposes only as recommended by the Chief of Police. Streetlights shall be wired for underground service except where aerial service is permitted by Chapter 4. Article VIII. Sect 2. Section 13 of this artiele. COrd. No. 02 033, ~ 3, 8 20 02) r B. Within Off-street Parkin2: Lots. .AR TICLE II. REQUIRED IMPROVEMENTS. Each parking lot constructed or reconstructed shall include improvements as follo'.vs: ,^... llIumination 1. General n. Lighting design. A minim urn August 7, 2007 '1 SITE DEVELOPMENT STANDARDS r average light level of one (l) footcandle shall be provided, with no more than 10% ten (l0) peroent of the spot readings below one (l) foot candle and none below one-half (~) footcandle. Lighting fixtures shall be enere:v efficient and automatically Fixtl.H"es shall bo un energy effieioot 1)136 automatically controlled by ~photoelectric switch or other device acceptable to the City Engineer direetor of de':olopment and are to remain on from dusk to one (1) hour after closing or 2 A.M., whichever is later. A photometric plan shall contain lighting levels in accordance with Chapter 2. Article IT, Section 5.P.9. Submit documents shov:ing, at a minhnlffil, pol; loooooas an.. .et.;ls; future lyjlOll ,,:,d siz"": light ::~~; deplCtmg antICipated le':els of IlhmunatlOn (m foot ca ~ t roadv:ay surfaec; eertifieatioR of compliance with the latest editioR of the Florida BuildiBg Code and capaeity to withstand a 140 mph wind load; afld proposed conduit routing. Light fixtures must be baffled. shielded. screened. or recessed to prevent visibility of the lit portion of the fixture from off the premises. r C. Pedestrian Lighting. b. Pedestrian lighting. Walkways connecting parking lots to buildings or walkways between buildings shall be lit in such a manner as to provide a safe environment. D. Under Canopies. Light fixtures under canopies for banks. e:as stations. and similar establishments must be baffled. screened. and recessed to prevent visibility of the lit portion of the fixture from off the premises. Section 3. Community Desi2:n A. General. 1. Purpose and Intent. The purpose of this section is to promote harmony with nature and a pleasant and comprehensible cohesiveness amone: development within the City. Throue:h enforcement of the Community Design. the local elected officials shall determine the basic aesthetic character to be achieved in the development of the community. r 2. Administration. The Director ofPlannine: and Zonine: shall coordinate. interpret. and administer this section. August 7, 2007 3 SITE DEVELOPMENT STANDARDS r 3. Waiver. Anv deviation or variation from the rerulations of this section requires the approval of a Community Desie:n Appeal (CDP A) in accordance with Chapter 2. Article II. Section 9. B. Buildin2:s and Structures. The followine: ree:ulations shall apply to all new development and redevelopment: F,. Exterior Lighting. 1. Generallv. .!: -h Lighting fixture height, style, design and illumination level shall be compatible with the building design and height and shall consider safety, function and aesthetic value; (..... b. i. Exterior lighting. Lighting of the exterior, parking areas, and watercraft docking facilities e:f the planned development shall be of the lowest intensity and energy use adequate for its purpose, and shall not create conditions of glare that extend onto abutting properties; 2. Lighting shall Rot be of an intensity that proclliees glare on adjaoent properties; ~ ~ Feature lighting emphasizing plants, trees, barriers, entrances, and exits IS encouraged; d. 4:- Lighting may be used to illuminate a building and its grounds for safety purposes and to enhance its beauty. However, the visual effect shall be subtle; !:: ~ Lighting shall not be used as a form of advertising in a manner that draws more attention to the building or grounds at night than in the day; and (' t. 6: Lighting attached to the form of the exterior of the building or part of the building exterior or visible from the exterior of the building shall not be permitted if it is contrary to the architectural style of the building. August 7, 2007 4 SITE DEVELOPMENT STANDARDS r C. Maximum Footcandle I illumination Levels. Permanent off-street Iie:htine: levels for all multiple-family residential and non-residential uses shall not exceed a maximum of six (6) footcandles for any spot location reading. excluding those areas where higher lie:htine: levels are required for Automated Teller Machines (ATM) or as identified in Crime Prevention through Environmental Desie:n (CPTED). D. Pole (rotal Overall) Hei2'hts in relation to Buildin2: Hei2:ht. It is the intent of this subsection to regulate the maximum allowable height of outdoor free-standing lightine: poles in order to encourage compatibility between said poles and heie:hts of principal buildings on-site and on adiacent properties. The maximum heie:ht for all outdoor free-standing Iightine: poles of a proiect or development shall not exceed the average roofline of a one (I )-storv structure. In no instance shall an outdoor free-standing lie:htine: pole exceed 25 feet in heie:ht unless the heie:ht limitation is found to be incompatible with guidelines and lor recommendations of an adopted Redevelopment Plan or other public works proiect. r Section 4. Prohibited Li2:htin2:. The foIIowine: types of outdoor lightine: are prohibited: A. Spilla2:e. Any light that illuminates any vertical or horizontal surface on adiacent property or rights-of-way at a level greater than 0.3 footcandIes. B. Unauthorized Traffic Li2:htin2:. Anv light that resembles an authorized traffic sie:n. silmal. or device. or that interferes with. misleads. or confuses vehicular traffic as determined by the City Engineer. C. Beacon or Searchli2:hts. shall be permitted. No beacon or searchlights D. Drop Lens Fixtures. Any drop lens fixtures. S:\Planning\Zoning Code Update\LDR Rewrite\Part IIl\Chapters\Chapter 4 Site Development Standards\Final\Article vn Lighting Standards.doc r August 7, 2007 5 ,..... r ,...... ,... r r August 7, 2007 SITE DEVELOPMENT STANDARDS ARTICLE VIII. UTILITY AND INFRASTRUCTURE DESIGN STANDARDS CR^.....DTER 6 REQUIRED Thfi>ROVEMENTS ,,^..rtiele I. In Genei"al ^ . I II ^ I' e "I' "..rtIC e. " ..pp Ica I Ity Article Ill. Identifieation of Required Improvements Article IV. Design Requirements for Required Jm.pro\"ements ArticJe V. Construetion of Required Improvements Artic1G VI .^..eeeptanee and Maintenance of Required hnprovements Article VII. Subdivisions Containing/f..djoining \Vatem-ont Property Section 1. General. ARTICLE IV. DESIGN REQUIREMENTS FOR REQUIRED Thfi>ROVEMENTS The design of required development or s1:ffidi'lision improvements shall be in accordance with acceptable engineering principles. Design data, (calculations, analyses, etc.) shall be submitted along with the land development construction plans covering important features affecting design and implementation of same. Such data shall include, but not be limited to, high water, drainage facilities of all kinds, subsurface soil data, alternate pavement and subgrade types, and radii at intersections when minimum standards of the American Association of State Highway and Transportation Officials are inadequate. Required improvements shall be equal to or exceed current city standards and the following sections within this article. A. PUl1>ose and Intent. The purpose of this article is to establish standards for the development and subdivision of real estate within the City in an effort to. among other thine:s. ensure the coordination of land development in the City in accordance with orderlvphvsical patterns: ensure safe and convenient traffic control: ensure adequate utilities: prevent periodic and seasoluil flO~~1;!l&.Qy providine: protective flood control and drainage facilities: provide the authority to direct the construction of improvements: ensure the purchaser ofIand ill a subdivision that necessary improvements of lasting quality have been installed, ARTICLE 1. IN GENEP..}...L SectiOIl 1. Purpose. . The purpose for oonstruction of these required improvements is as stated in Chapter 1, .^..rtieIe IV of these Land Deyelopment Regulations of the City of Boynton Bench. B. Commencement. Section 2. Commencement. Construction of required improvements shall not commence until a land development permit pursuant to Chavter 2. Article III. Section J has been issued, except that a clearing and grubbing permit SITE DEVELOPMENT STANDARDS r pursuant to Chapter 2, Article N, Section 1 and lor an excavation I fill permit pursuant to Chapter 2. Article ill, Section 5 may be issued prior to the land development permit. (Ord. 02-033, S 4, 8- 20-02) C. Administration. Seetion 3. .^..dministration. Forthe purpose of coordinating, interpreting. enforcing and administering this article chapter, the City Ene:ineer city enginecr shall be the administering officer. Tangible improvements are required as described in this article for chapter and thc city standards, in conjunction with the development of real property within the city limits, platted or unplatted. (Ord. 02 033, ~ ~ 3, 1, g 20 02) ARTICLE II. i\PPLIC.\BILITY Tangiblc improvements arc required as deseribed in this chapter in conjunotion '.vith the . developmoot of e':ery s1:lbdivision '.vithin thc incorporated area of the City of Boynton Beach whether the gsubdivision is platted or unplatted. r D. Impacts of Construction. Z. Th1PACTS OF CONSTRUCTION. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the conditions of adjacent properties, unless such activity is permitted to affect said property pursuant to a con~ent granted by the adjacent property owner, under terms or conditions agreeable to the adj acent property owner. This includes, but is not limited to, the control of dust, noise, water or drainage runoff, debris and the storage of construction materials. New construction activity shall not adversely impact historic surface water drainage flows of adjacent properties, and may require special drainage considerations complying with engineering standards to preserve the positive drainage patterns of the affected sites. Accordingly, de':elopers, contractors and OW'Hers of aU ne\y residential developments, inoluding additions, peols, patios, drivlY.vays, decks or similar structures, on existing properties that decrease the permeable land urea iR eJwcss of gOO SQli8:f6 feet on any paf'cel shan provide a professionally prepared drainage plan clearly indicating compliance v,rith this dh'ision. . Upon completion of the improvements, a certification from a Florida liccnsed engincer shall be submitted to the inspector prior to the issuane6 of any certificate of occupancy. (Ord. No. 96 56, ~ 7, 1 21 97; Ord. No. 97 25, ~ 1, 7 1 97; Ord. No. 02 033, ~~ 3, 4, g 20 02) r E. Waivers to Standards. In addition to the ree:ulations of this article. all lands shall be improved in conformance with the minimum standards as set forth in the current Ene:ineerine: Desie:n August 7, 2007 2 ,. SITE DEVELOPMENT STANDARDS r Handbook and Construction Standards or latest supplement thereof. Any deviation from development standards of this article or Enlrineerine: Design Handbook and Construction Standards would require a waiver. which is subiect to review and approval of the City En lrineer. A request for a waiver shall be reviewed in accordance with Chapter 2. Article III. Section 6. Section 2. Utilities. r- Section 13. Utilities. Utilities, including but not limited to power and light, telephone, telegraph, water, sewer, cable television, wiring to streetlights.. and gas shall be installed underground in accordance with the current Enlrineering Desie:n Handbook and Construction Standards. This section shall apply to all cables, conduits or wires forming parts of an electrical distributions system including service lines to individual properties and main distribution feeder lines delivering power to local distribution systems, except that it shall not apply to wires, conduits or associated apparatus and supporting structures whose. exclusive function is transmission or distribution of electrical energy between subdivisions, generating stations, substations and transmission lines of other utility systems, or perimeter lines located adjacent to the parcel or subdivision. Appurtenances such as transformer boxes, pedestal mounted terminal boxes, meter cabinets, service terminals, telephone splice closures, pedestal type telephone terminals.. or other similar ."on the ground" facilities normally used with and as a part of the underground distributions system may be placed above ground, but shall be located so as not to constitute a traffic hazard. Easements shall be coordinated with requisite utility authorities and shall be provided as prescribed by this ordinance for the installation of underground utilities or relocating existing facilities in conformance with the respective utility authority's rules and regulations. The City Ene:ineer city eagineor may waive the requirement for underground installation if the service to the adjacent area is overhead and if it does not appear that further development in adjacent areas with underground utilities is possible. Any new service which is allowed t,y the waiver herein to be supplied by overhead utilities shall be connected to a service panel that is convertible for underground utility service at a future date. The developer shall make necessary cost and other arrangements for such underground installations with each of the persons, firmS.1-or corporations furnishing utility service involved. Utilities shall be constructed in easements as prescribed by this ordinance. COrd. No. 02 033, U 3, 1,8 20 02) August 7,2007 A. Utility Installation. Section 11. Utility installation. After the subgrade for a street has been completed, the remainder of the street right-of-way has been graded and before any material is applied, all underground work for the water mains, sanitary sewers, storm sewers, cable television, gas mains, telephone, electrical r 3 SITE DEVELOPMENT STANDARDS r' power conduits and appurtenances and any other utility shall be installed completely through the width of the street to the sidewalk area or provisions made so that the roadway or right-of-way will not be disturbed for utility installation. All underground improvements installed for the purpose of future service connections shall be properly capped and backfilled. All above-e:round or undere:round improvements shall comply with the Engineering: Desilm Handbook and Construction Standards. 1. Utility Transmission Lines. ~ Utility transmission lines, eto. Unless otherwise deemed impractical bv the City Ene:meer. all All utility transmission lines, conduits, conveyances or other devices or apparatus for the transmission of utility services and products, including all franchised utilities, shall be constructed and installed beneath the surface of the ground with the exception of main overhead feeder lines. Appurtenances to these systems which require aboveground installation shall be effectively screened, and, thereby, may be excepted from this requirement. r 6. Solid y:aste and refuse disposal. Plans for solid waste and refuse disposal shall conform to and be approved by the oity and oounty health d~artments. 2. Water Svstems.&:. Public water system for both domestic use and fire protection. ".\' ater systems must be installed in accordance with city standards and other pertinent city ordinances. B. Central Water System. Section 15. Central water system. A complete water distribution system shall be provided for all developments or subdivisions. Water transmission mains shall be provided by the developer to an approved operating city water system. The city Director of Utilities utility director or his designee shall approve all new connections to the existing city water system. r C. Easements. Section 6. Easements. .AI>.. UTILITY R^..SEMENTS. Easements, a minimum oftv:elve (l2j feet in width wffie, shall be provided to accommodate all required utilities across lots with convenient access for maintenance, and where possible shall be centered on lot lines. Easements ten-fl OJ feet in width wide shall be provided for underground utilities across that portion of a lot adjacent to a street. Additional utility easements or larger utility easements may be required by the City eity when, in the opinion of the city engineer, or his or her designee, and/or the utilities engineer, August 7, 2007 4 SITE DEVELOPMENT STANDARDS ,..... such easements are necessary for continuity of utility service between developments and where necessary for maintenance and service. Utility easements and drainage easements shall be separate unless otherwise approved by the director of utilities Director of Utilities or iHl6: the City Ene:meer city engineer. Where easement crossings occur, drainage easements shall take precedent. 10. .\ccess to perform necessary public services. The developer and/or owner shall dedicate to city any easement that city deems necessary for public services and said dedication shall provide that developer and/or owner shall hold city harmless for any of its acts performed within or abutting said easements if any loss or damage is caused to abutting property. The City Ene:ineer shall be authorized. on behalf of the City Commission. to !!fan!. accept, and vacate easements for municipal purposes on both public and -private properties. ("....... D. Fire Hvdrants. Section 6. Fire Hydrants. Fire hydrants shall be provided in all residential, commercial, mixed-use, and industrial developments or subdivisions in the manner prescribed in this ordinance. When annual fire hydrant fees are to be levied according to ordinance, a special association for payment of said fees will be required. Section 16. Fire hydrants. Fire hydrants shall be no more than three hundred (300j feet apart and the remotest part of any structure shall be no more than two hlindred (200j feet from a hydrant. Connections shall be to mains no less than six (6) inches in diameter. In addition to domestic requirements at residual pressures of not less than twenty (201 pounds per square inch, fire flow of at least one thousand fiye hundred (l ,500j gallons per minute shall be provided as a minimum standard. 1. Exceptions. In one and two (2) story re~:[}cntial developments or subdivisions with not more than tefl-.tl 01 dwelling units per acre, fire hydrants may be spaced up to five handred (5001 feet apart but not more than three hundred (3001 feet from the center of any lot in the development or subdi'.'ision. The system shall provide flow capacity of at least five hundred (5001 gallons per minute in addition to maximum day domestic requirements at specified residual pressures. r E. Sanitary Sewer. Section 10. Sanitary sev/agc. A complete sewage collection system shall be provided for all developments or subdivisions in accordance with requisite August 7, 2007 5 r SITE DEVELOPMENT STANDARDS government regulations. Sewage transmission facilities shall be provided by the developer to an approved operating city collection or transmission system. The Director of Utilities city utility director or his designeo shall approve all connections to existing city collection and transmission systems. 7. Sanitary sev:age system. Sewage system will be furnished and installed in accordance with city standards and other pertinent city ordinances. Section 3. Sidewalks. ,..... A. General. Section 5. Certain construction activities; side':lalIcs, when reqaired. Prior to the issuance of any certificate of occupancy / completion for any improvement exceeding 70% of its current assessed property valuation, the owners of all undeveloped lots, platted or unplatted, and the owners of all plots not subject to platting, shall construct a sidewalk within the right-of-way in confonnance with the desi~ standards stated below Chapter 6, f..rticlc IV, SectioB 10. T of the Land Development Re~lations. This requirement shall also apply when a change in occupancy as defined in the Florida Building Code occurs and/or when any building is reconstructed in an amount which exceeds 50% fifty (50) per cent of its current assessed valuation. 1. Within Sin2:1e-familv and Two-familv Districts. IT: No person shall improve any parcel within the city, except for accessory buildings and reconstruction or remodeling of existing buildings in any single-family or two-family zoning district, without first obtaining a sidewalk permit from the City Engineer. 2. Within All Other Districts. & No person shall construct any building, except for accessory buildings and reconstruction or remodeling of existing buildings or additions to existing buildings which amount to less than 25% twcaty fi'le (25) per cent ofthe gross floor area of such building, in any zoning district in the city other than single- family or two-family districts, without first obtaining a sidewalk permit from the City Engineer. Sidewalk pennits shall be reviewed and approved in conformance with Chapter 2. Article III. Section 4.D. ,..... B. Desil!n Standards. Section 11. Sidc'NaIks. Sidewalks shall be constructed on both sides of all local and collector streets, and on one ill side of marginal access streets in all areas. They shall be constructed concurrent with building construction. August 7, 2007 SITE DEVELOPMENT STANDARDS r A. 'Naber. A required sidewalk may be waived pursuant to Chapter 2. Article ill. Section 4.D bv the City Ene:ineer by the eit)' engineer in platted or unplatted developments subElivisions when it is determined that adequate pedestrian circulation is provided by bicycle/pedestrian paths. The control,jurisdiction.. and maintenance obligation of bicycle/pedestrian paths not located within a public right-of-way shall be placed in a property owner's association or an improvement district. Bicycle/pedestrian paths shall be constructed concurrently with other required improvements. B. /..ltcmatives. A dual system consisting of sidewalks v:ithin publio right of way and bicycle/pedestrian paths outside of the pub lie right of v:ay may be required to provide adequate pedestrian circulation. Paths shall be constructed concurrently with other required improvements and shall be included in the surety described in Chapter 2. Article V Miele X'P.JI. COrd. No. 96 56, ~ 2, 1 21 97; Ord. No. 02 033, ~ 2, g 20 02) r T. SIDE\VALKS. Sidewalks shall be constructed in accordance with the Ene:ineerine: Design Handbook and Construction Standards city standards. Side.,yalks shall be plaoed within the right of v,'ay one (l) f-oot from the right of way 1ins, unless otherwise appro'/ed by the eity engincOf. C. Construction. Repair. or Alterations. All new construction of sidewalks or repair and / or alteration of existing sidewalks shall reQuire a permit in accOrdance with Section 4 of this Article and with Chapter 2. Article ill. Section 4 Rie:hts-of-Way Permits. D. Waiver. Anv reQuest to waive the required installation of s sidewalk shall be in accordance with Chapter 2. Article Ill. Section 4.D.5. Any persoB aggrieved by any deeision oftne dH-ectoF of publio ':lorks rega-ding eonstruetion of sidewalks abutt~ftl.'-5iieh perseB' s propElfly may llpfloal !be dceisiea withill thirty (3 0) tY~~f ~~~ ~:te thereof to the Plaooing and Deyelopment Board D , whioh shall hea- and deoide sueh appeal. E. Abandonments. All requests to abandon a public or private right-of-way shall be conducted in accordance with Chapter 2. Article II. Section 14. (..... F. Community Desien. See Section 9 of this article for additional regulations related to sidewalks. August 7, 2007 7 SITE DEVELOPMENT STANDARDS r- Section 4. Streets. Section 12. Streets. All streets and related facilities required to serve the proposed development or stibdi.,rision shall be constructed by the developer. The construction shall consist of, but not be limited to, street grading, base preparation and surface course along with drainage, and shall be in accordance with City regulations. Before any plat or deed or instrument conveying or dedicating any street right-of-way to the city shall be accepted by the City e#y, all roads shall be improved ~ so as to meet the minimum requirements set forth in this article. chapter. (Ord. No. 96 56, ~ 3, 1 21 97) A. General. SIDE\V.'\LKS Chapter 22 STREETS ;\ND Art. 1 In General .fJi. 2. Construetion, Repair, or ;\lteration .^Ji. 3, Street and Easement f..baadonment r ARTICLE 1. IN GENERJ\L . 1. Desi2:nation Svstem. SectioB 1. Street designation system. All streets, avenues or other thoroughfares for vehicular traffic shall be designated in accordance with city standards. Such designation shall be vested in the Director of Public Works or desie:nee direotor of public v:orks who shall also maintain the Citv's etty.s master roadway file and allocate secondary street designations~ at his or her discretion. (Ord. No. 02 033, ~ 4, g 20 02; Ord. 05 014, ~~ 2, 3, 3 1 05) r 2. Namin2: Svstem. Se0tion 1.1. Street naming system. Street names shall be issued as per the request of the originator of the street (or roadway) except in the case of a section line, where roads will be given a route number in addition additional to the assigned name &y as determined by either the Florida Department of Transportation or Palm Beach County, whi chever has jurisdiction of the street (or roadway). Proposed streets which are on the same alignment with other existing named streets, shall bear the same name of the existing street. All street names shall have a suffix and in no case, except as indicated in the preceding sentence, shall the name of the proposed street (or roadway) QLduplicate be phonetically similar to existing street names regardless of the use of the suffix - street, August 7, 2007 R SITE DEVELOPMENT STANDARDS r avenue, boulevard, drive, place, court, etc. The basic namine: standards are as follows: !: A: Curvilinear streets shall be named on the same basis as other streets and shall carry the same name through their entire length. b. B. have north accordingly. Streets crossing Ocean A venue shall and south added to their names ~ G. follows: Suffixes shall be limited in use as North-South Direction East- West Direction Court Drive Lane Parkway Street Avenue Boulevard Place Road Way r The suffixes 'Boulevard' and 'Parkway' shall be reserved for arterials and collectors. The suffix 'Circle' is an option for either direction, however, it should be used as the name implies, i.e., a curvilinear roadway. The use of 'Terrace' and 'Trace' shall be reserved for minor streets, cul-de- sacs, etc. Any other requested suffix shall be approved by the Director of Public Works or designee direetor of public "'/orks prior to its inclusion into any development. (Ord. No. 05 014, ~ ~ 2, 3, 3 I 05) d. Q. STREET N:\1fES. Proposed streets which are in alignmeat with other 6-xistiFlg and named streets shall bear the same flame as the existing street. }..II other street flames shall include a modifier sueh as street, lane, avenue, boule';m-d, drive, place, court, etc. and shall not duplicatc or be phonctically similar to cxisting street Bames regardlcss of the use of the modifier. r 3. Street Name Chane:es. street name ehungcs. Section 1.2. Vanity August 7, 2007 9 ,... SITE DEVELOPMENT STANDARDS !.: Standard Street Name Chan2:es. It Standard street name changes shall conform to the standards and requirements for naming streets as set forth in the preceding section, and shall be permitted only under the following circumstances: ill h In response to a City Commission directive, or ill ;h To eliminate duplication or confusion in street names, or ill ~ To reduce confusion 10 addressing. b. Vanity Street Name Chan2:es. R-: Name changes which do not meet the criteria above are considered "vanity street names" for the purposes herein and are permitted only under the following limited circumstances: r-"" ill h The desired name will not create confusion; ill ;h . The desired name does not duplicate in whole or in substantial portion, the name of any existing street; ill ~ All property owners abutting the road have signed a petition requesting the change and a completed application has been submitted to the Department ofPublio Vlorks/Engineering Division; ill 4. The establishod fee that has been established bv resolution j3aid ($1,409.00); ill ~ The entire length of the street must be renamed; and ('...... {Q} & The City Commissioners approves have approved the request. fQrth No.05014,~~2,3,31 05) August 7, 2007 r..... SITE DEVELOPMENT STANDARDS 4. Standard Street Name Numberm:. / Addressin~. Sectien 1.3. Street BumbcriRg/aa4ressia. A. !: Uniform Addressin2: Procedure. Lot or parcel addressing for individual tracts of land shall be designated in accordance with the City's city's Uniform Addressing Procedure policy. Such designation shall be vested in the Director of Public Works or direetor of public Tll~ks or his 8r h~ designee, who shall also maintain the city's master roadway file. b. Adiacent Communities. !h The addressing number system currently in use within the COrporate limits of the City city shall be maintain~. For those lots or parcels 10~~ :. :; =~~~n~g 10eaI government (palm Beao e H . that are ~r 'l.'ilI bo annexed into the city will, if possible, be assigned in a manner that maintains: r ill -h A logical sequence of numbers along the street or rQadway on which the property is located, and as established in that neighboring government, and ill 2-,. A consistent pattern of separation of even and odd numbers. f.: Direction of Street. G. The establishment establishing of the exact number of a particular lot or parcel entails the dimensions of the lot in question, and its distance from the nearest land line or street as given in the legal descriptiC:l. rfthe lot is on an East- West (E- W) street, it will receive an E- W number (even numbers on the south side of the street and odd numbers on the north side). If the lot is 6He located on a North-South (N-S) street, it will received a N-S number (even numbers on the east side of the street and odd numbers on the west side). (Ord. No. 05 011, ~~ 2, 3, 3 1 053 /"...... 5. Vanity Street Name Nnmberine / Address~. Section~ 1.1. Vanity Street numbering/addressing. .. Street numbering and addressing for commercial and August 7, 2007 1 1 SITE DEVELOPMENT STANDARDS r residential properties, shall be based on the City' s ~ grid system as described. ~ Requested addresses which do not adhere to the City's ~ grid system are considered "vanity addresses" for the purposes herein, are prohibited for residential uses~ and shall not be permitted for non-residential uses except under the following circumstances: !:. +. The entity requesting the "vanity address" is a prominent commercial entity and has a location which is widely recognized in the community; b. 2.. The requested number is not out of sequence with any existing numbers on the same street. (For example, the number 100 would not be permitted on a lot which is located between two existing lots with the addresses #500 and #550); (....... ~ ~ U.S. Post property; Emergency Medical Services and the Office would be able to locate the d. 4; An individual with the assistance of a generally distributed local street map would be able to locate the property without undue difficulty; !h &: The requested address does not duplicate an existing address on the same street; f: ~ The requested address would, in no way, be injurious to or infringe upon the existing rights of any other commercial entity in the CountY; & ::J-: The requestor has submitted an affidavit which acknowledges that the requested address may result in delays in mail delivery and service provisions; ,..... h. &: The established fee has been paid and the requestor has submitted a complete application to the Department of Pub lie Vi arks/Engineering Division; and August 7, 2007 12 SITE DEVELOPMENT STANDARDS (' !: 9-: The City Commissioners ha'le appro';ed approves the request and finds have made a finding that the address request is related to a city goal, such as economic development, which takes precedence over the goal of maintaining the City's eHys grid system. COrd. No. 05 011, ~ ~ 2, 3, 3 1 ~ Section 1. Obstructing streets, prohibited. It shall be unlawful for any person or the agent or agents of an)'person to bloclmde or obstruct any street or public w.ay ':lithiR the city, so as to impede traffic or pedestrians thereon, or eause any interferooee or dangerous obstacles to be placed en or across an)' of the streets or public '?lays ',\'ithin the city, except that in the Cootral Business Distriet, loading zones, dumpsters aFld eompaetors and their enelosures may be situated in the Pliblic right of '.val'. COrd. No. 97 27, ~ 1, 7 l--9+j r Section 7. Vehieles erossing oorbs and parlGvays. It shall be unlawful for any person to push, pull, dri'/e or cause to be pushed, pulled or drivoo any 'llhecled or track laying type vehicle, eonveyance, machine, apparatus or equipment on, over or across, in ',vhole or in part, fl:l1Y curb or ptr:ement laying in or on any pubIie street, except as pro':ided in this section: . }... . 'l ehieles, as described herein, may be drivCB over pavement at dri':eways; and B. Vehicles, as described herein, may be driven over eUi"bs and o'ler pavemeat at other than driveways, provided that such eurbs and pavement shall be ade<fl:lately bridged and shored ':lith suitable wooden or steel struc' es-4e proteet su6h eurbs and parbvays. COrd. 1'10.05 011, ~ ~ 2, 3, 3 1 05) August 7,2007 Section 9. Depositing, storing, processing material in streets and roadways. It shall be unlawful for any person to deposit, process or produce any material, inoluding but not limited to any recreational item in or on any street or road'Nay or to store the same, either temporarily or permanently thcreon; exoept, that building materials can be temporarily stored, proeessed or produced on streets or roadways if a pcrmit has been obtained as provided in this chapter, and except that temporary storage of construction debris may be temporarily stored on streets or roadways in a r' 1") SITE DEVELOPMENT STANDARDS r eontainer pro'lided by a trash hauler for removal by such trash hauler, if a permit therefore has been obtaiBed as pro'lided in this chapter. (Ord. No. 05 011, ~~ 2, 3, 3 1 05) B. Desi2:n Standards. Section 10. Streets. Street layout shall be coordinated with the street system of the surrounding area. Consideration shall be given to existing and planned streets, topographical conditions, public convenience, safety~ and relationship to the proposed use of the land to be served. The arrangement of streets in new developments or subdivisions shall provide for the continuation of existing streets in adjoining areas not developed or subdi':ided, and shall provide for the proper projection of streets. When a development or subdivision adjoins undeveloped unsubdivided land, then the new street, where necessary, shall be carried to the boundary of the tract proposed to be developed_6f subdi':ided to promote reasonable development of adjacent lands, and provide continuity of street systems. The new development 6f subdivision shall provide for the incorporation and compatible development of present and future streets shown on the thoroughfare map adopted by the City Commission. r 1. Ri2:ht-of-Wav Width. Section 2. Minimum right of '.vay \vidth. The City Commission shall not accept any street right-of-w.ay dedication by plat or by deed or other instrument unless the right-of-way width and paving comply with the Land Development Regulations. B. STREET RIGHT OF 'NAY "'IDTH. Minimum street right-of-way width shall be as follows: Right-of-Way Width Street Type (in feet) Expressway 300 Major arterial 200 Arterial 120 *CoIlector 80 *Local with mountable curb 50 *Local with swales 60 Marginal access 40 /'" *The right-of-way width may be reduced by up to eight (8) feet if the provisions of Chapter 4. Article VIII. Section 3.B.Chapter 6, ./\11:. III, See. 11 are met. August 7, 2007 14 r SITE DEVELOPMENT STANDARDS All public and private streets herein shall be constructed in conformance with the minimum standards as set forth in the current Enlrineering Desi!lll Handbook and Construction Standards or latest supplement thereof. !!: Within All Residential Planned Developments districts. F. RIGHTS OF '\V,\ Y. The minimum width of a right-of-way for a principal street within a residential Planned Development district in a PUD is 40 forty (10) feet. Privately owned streets providing secondary vehicular circulation internal to the development pyg may be considered for approval with rights-of-way and pavement widths less than the requirements stateg in the e#y!s City's Land Development Regulations; however, in no case shall health, safety, welfare, or efficiencies of public services be jeopardized. fQflh No. 99 17, ~ 1,6 1599; Ord. No. 01 10, ~ 3,26 01; Ord. No. 05 031, ~ 2, 7 1905; Ord. No. 05059, ~ 1, 10 5 05) (...... h. Veb.ieular circ-ulation. (l) Privately owned streets providing secondary vehicular circulation internal to the residential Planned Development district IPOO may be considered for approval with rights-of-way and pavement widths less than the requirements stated in the city's Land Development Regulations. However, in no case shall health, safety" and / or welfare be jeopardized. Any reduction in the width of a right-of-wav and / or its pavement shall require the approval of a waiver. which is subiect to review and approval of the City Engineer. A request for a waiver shall be reviewed in accordance with Chapter 2. Article ill. Sr ;on 6. ~ Roadways providing external connections to the city's street network shall meet all requirements contained in the city's Land Development Regulations. r b. Within all Commercial and Industrial districts. Section 19. Commercial and industrial developments ,I subdivisions. Commercial and industrial developments or subdi':isions shall comply with all of the requirements of this ordinance, except that all local streets shall be August 7, 2007 SITE DEVELOPMENT STANDARDS r designed and constructed according to the collector street typical section contained in the current city standards. 2. Pavement Width. Seetion 3. Minimum '::idth of ne'l: or reellilt streets. The minimum width of paving of all new or rebuilt streets shall be in accordance with current city standards. (Ord. No. 05 011, ~~ 2,3,3 1 05) C. STREET P.^..VEMENT \VIDTHS. Street pavement widths shall be eonstructed in aeeordanec ',vith eity standards. Any reduction in the width of a rie:ht-of-way and / or its pavement shall require the approval of a waiver. which is subiect to review and approval of the City Enlrineer. A request for a waiver shall be reviewed in accordance with Chapter 2, Article m. Section 6. r 3. Blocks. Section 3. Blocks. The length, width~ and shape of blocks shall be determined by the following with dlle regar-d to: .!: A:- Provision of adequate building sites suitable to the special needs of the type of planned use oontemplatoa. . b. B. Zoning requirements as to lot size and dimensions. ~ G:- Need for convenient access, circulation, control and safety of vehicular and pedestrian traffic. !!: t).. Limitations and opportunities of topography. f' ill h Block lengths shall not exceed one thousand tm-ee hundred twenty (l,320j feet between intersecting streets except where special topographical conditions exist. Greater lengths may be approved by the City Ene:ineer city cnginecF. ill ~ In blocks nine hundred (900j feet in length or over, crosswalks not less August 7, 2007 1'; SITE DEVELOPMENT STANDARDS r than eight (8) feet wide may be required between streets where deemed essential by the City Engineer city engineer to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities. fOrd. No. 02033, S 3, 8 20 02) 4. Dead-end Streets. D. DE.:\D END STREETS. Dead-end streets shall be constructed in accordance with the Engineering Desie:n Handbook and Construction Standards city standards. 5. Street J02:s. K. STREET JOGS PROHIBITED. Local street jogs with centerline offsets of less than Effie hundred twenty five (125j feet are prohibited. r 6. Half-streets. O. H:\LF STREETS. Half or partial streets are prohibited except where essential to the reasonable development or subdi'lision of a tract in conformance with the thoroughfare plan and these regulations. In addition, satisfactory assurance for dedication of the remaining part of the street must be provided. Whenever a tract to be developed or subdivided borders on an existing half or partial street, the other part of the street may be required to be dedicated and constructed within such tract. A proposed development or subdivision that adjoins or includes an existing street which does not conform to the minimum right-of-way requirements of these regulations shall dedicate right-of-way along either one or both sides of said street so that the minimum right-of-way requirements of these regulations can be met. 7. Mar2:inal Access Streets. L. M.^..P 'NAb ACCESS STREETS. Where a development or subdivision abuts an arterial or higher classification street and adjoining property owners desire access other than at street connections, a marginal access street shall be required from an intersection to the edge of the development eF subdivision. (' 8. Local Streets. M. LOG.^..L STREETS. Local streets shall be laid out so as to discourage through traffic. ~ Railroads Abuttin2 Developments. N. ~\ILRO"'\DS ON OR .'\BUTTING DEVELOPMENTS August 7, 2007 17 SITE DEVELOPMENT STANDARDS r' OR SUBDIVISIONS. When a development or sHSdi-,<ision borders on or contains a railroad right-of-way, a street approximately parallel to and on each side of such right-of- way may be required so as to permit appropriate use ofthe intervening land for park purposes in residential districts or for commercial or for industrial purposes in appropriate districts. 10. Thorou2:hfare Intersections. P. THOROUGHF A..LtE INTERSECTIONS. Minimize the The number of driveways and access roads which intersect thoroughfares shall be minimized and designed these drivev/aY3 and acecss roads to allow for signalization. r 11. Ali2:nment, Tan2:ent, Deflection. Radii. R:---- ALIGN11ENT, T.^..NGENT, DEFLECTION, R..\DII. Streets shall be laid out to intersect as nearly as possible at right angles. Multiple intersections involving the junction of more than two (2) streets are prohibited. The point of curvature of any local street shall not be closer than 6fte hundred (10Q, feet to any intersection. All intersections shall be designed to provide adequate stopping and sight distance in accordance with the current city standards. 12. Traffic Cahnin2: Measures. Sec. 11 6. Traffio calming'meas1:lrcs. ~ (at The city shall consider placement of traffic calming measures only upon completion of an initial traffic study. Traffic calming shall be considered: (1) Only on those local streets with average daily traffic volumes greater than 500 vehicles per day; and (2) Only when the 85th percentile speed is greater than 30 mph for those streets posted at 25 mph or greater than 35 mph for those streets posted at 30 mph. (...... b. f51 Signing, striping and other devices identifYing traffic calming measures shall conform to the current Manual on Uniform Traffic Control Devices. August 7, 2007 10 SITE DEVELOPMENT STANDARDS r 13. Access. . V. LOT .'\CCESS. Individual lots shall have access to an internal street system. Seotion 1. Access. r !.:. Point of Access. .^... Point of access. -l-. Along local streets, the point of access to lots shall be at least thirty (301 feet from intersecting right-of-way lines, providing the interior lot angle at the intersecting lines is 900 or greater. If the interior lot angle is less than 900, the access point distance will increase, and be determined by the City Ene:ineer city engineer or his or her designee. On zero lot line corner lots, access points shall be located a minimum oftv/ooty five (251 feet from the intersection of the projection of right-of-way lines to the near edge of the driveway. Access to townhouse clusters may be via parking lots and/or driveways designated on the plat as access or parking tracts, provided the length of access does not exceed sHf: hundred sixty (6601 feet. Subdivisions shall be designed to provide access to all lots by the use of local streets. ~ Along collector streets, the point of access to lots shall be at least :fHty-t501 feet from the intersecting right-of-way lines, incorporating the same angular parameters noted above. Mid-block lots shall meet access point separations in accordance with City city standards. ~ Along arterial streets, the point of access to lots shall be at least one hundred nventy (1201 feet from the intersecting right-of-way lines, incorpor~' "1 g the same angular parameters noted above. It is the intent to minimize the number of access points connecting to an arterial street. However. hov/ever, if required for access or circulation, a second access point may be permitted on the side of the lot adjacent to the lanes departing the intersection. The location~ ofthe access points shall be approved by the City Enweer city engineer or his or her designee. r 4,. In addition to the main point of vehicular access. a secondary point of vehicular access shall be considered for all residential developments with 30 August 7, 2007 19 SITE DEVELOPMENT STANDARDS r or more dwelling units. This secondary access point may be substituted with an emere:ency access point if a secondary access point is unfeasible due to the confie:uration or remote relationship of other improved and platted lands surrounding the development. In all circumstances. the secondary or emere:ency access point shall be desie:ned and located away from the primary point of access in case the primary point is impeded or otherwise inaccessible. r Ne'.'I developments shall include a seoonqary vehicle aeoess point, in addition to the primary vehicle aeoess point, from the servioe road'.vay fronting the proposed development site, when 30 or more d'.','elling units arc planned. If, due to the land oonfiguration or remote relationship to other platted improved lands, a secofldary vehicle aecess point is not feasible, an emergency vehicle aocess point shall be oonsidered away fr-om the primary ';ehiele aecess point to allow for emergeney aoe6SS to tho dwelling units in the eveRt the primary vehicle aeoess point is not aeeessible. b. Driveway SDacin2:. B. DR..".'EV.'f..Y SP.^...CING; On all streets. the minimum Minimwn spacing between driveway centerlines on all streets shall be in accordance with City e#y standards. If the street is under the jurisdiction of another agency, spacing shall be in accordance with Palm Beach County standards for county roads or FDOT standards for state roads, whichever is greater. c. Street Connections. C. CONNECTIONS. STREET ill 1. Local streets to eolleetors. Local street connections to collector streets shall be a minimum of six hundred sixty (6601 feet apart. r- ill 2. Colleotor streets to arterials. Collector street connections to arterial streets shall be a minimum of one thousand three hundred tVlenty (1,3201 feet apart. August 7, 2007 ?O SITE DEVELOPMENT STANDARDS r d. Double Fronta2:e Lots. --fh DOUBLE FRONTAGE LOTS. Double frontage lots adjacent to a collector or arterial street shall front on a local street. The rear ofthe lot shall abut the collector or arterial street and be buffered as required by these Land Development Regulations. (Ord. No. 96 56, ~ 1, 1 21 97; Ord. No. 02 033, ~~ 3, 1, g 20 02) !h Limited Access Easement. \V. LIMITED ACCESS E.\SEMENTS. Limited access easements shall be provided along collector and arterial roads. 14. Cross Access Roads. X. CROSS i\CCESS ROi\D. Provide aross Cross access roads or drive aisles shall be provided between commercial sites wherever practical to minimize trips on nearby thoroughfares. r 15. Median Strips. Section 15. Medicm strips and eritranceo::ays. .^... MEDL\NS. Medians that are part of a dedicated or deeded right-of-way may not be utilized for any purpose other than by the City ~or a public utility. If a developer desires to. beautify a median in a development. the developer may subdivision, he or she may do so by placing gi-ass and shrubs of small root structure within the medians under the right-of-way permit issued by the City Engineer city engineer. r 16. Entrances to Developments.B. DEVELOPMENT ENTR.\J<rCEW ^ YS. Suedivision Unless approved by the City Engineer, entranceways consisting of walls. fences, e:ates. rock piles or the like are not permitted within the median strip or other areas in a dedicated or deeded ~.. 'It-of- way. 'Valls, fences, gates, roekpiles, or the like at project ontraneeways are not permitted within the median strip or other areas in a dedicated or deoded right of 'Nay. Decorative entranceways must be constructed upon Vlots of land adjacent to a right-of-way in compliance with the zoning, building~ and sign codes and must not constitute a traffic hazard. A guardhouse located so as not to create a traffic hazard may be constructed at the entrance to a development having private streets. (Ord. No. 02 033, S ~ 3, 1, 8 20 02) August 7,2007 ')1 SITE DEVELOPMENT STANDARDS r 17. Collector Road Dedication. D. COLLECTOR RO..\D DEDIC.^..TION. Collector roads within developments or subdivisions shall be dedicated as public strects rie:hts-of-wav unless otherwise approved by the City Ene:ineer. 18. Visual Obstructions of Intersections. & VISD.^..L OBSTRUCTIONS. No fence, sign, planting. plannillg, hedge, shrubbery, wall, or other visual obstruction shall be created or maintained with a height between greater t:h:tm two (2) feet - six (6) inches and eie:ht (8) feet above the street level, within 25 feet of the intersection of the right-of- way lines of two (2) streets, in any zone, except that open chain-link type fences may be a maximum of four (4) feet and kept visually clear (see Chapter 3. Article n. Section 6). ("' C. Ri2:ht-of-Wav Improvement & Construction Standards. All improvements to rights-of-way includine: but not limited to the desie:n of street !!fades. shoulders. swale and swale areas. traffic control devices. street markers. materials used for surfaces and sub grades. construction within muck or clay. and permanent reference monuments (PRM) or -permanent control points (PCP) shall be constructed in accordance with the Ene:meerine: Design Handbook and Construction Standards or latest supplement thereof. . E. CONSTRUCTION IN MUCK OR CL^.. Y .'\.L~R^..S._ 'Nhen strcets or alleys arc to be constructed m muek area, the muck orpeat shall be oo~letely remo','ed from the centerline (10) f-cet heyond the edge of pavement on eaeh side. 'When gumbo or other plastic clays Me eneoantered, they shall be remo':ea within the read.,:ay urea one foot below the subgrade ~(teB(Hng horizontally to the outside edge of the shoulder Mea. The ElesigR of streets proposed in exoessive maek a:reas shall be eonsiaered on an indhidual basis. r F. 1\{.^..TERL'\LS. Streets shall inelude a subgradc, base and wearing t'mrfaec in aeeordancc '.'.'ith 6HITent city standards. LoeQ:1 strcets shall he paved ..-lith one and one half (l 1/2) inches efType S II or S ill asphaltic ooncrete surface CO'l:H'se placed in 1\'10 lifts on an acceptable base T,vith a stabilized sub grade producing a fifty (50) p.s.i. Florida bearing value. ..A..ll other streets of higher classification shall be pa','ed '.vith one and tm-ee q:aarters (1 3/1) inches of Typo S II or S ill asphaltic eonCf'ete surfaoe eourse placed in 1\'.'0 lifts on an aeceptable base vlith a stabilized sub grade producing a seventy fi':e (75) p.s.i. Florida bearing value. f..cceptable base material shall be limerock or approVed local shell having a t''vel','e inch compacted thickness or the equivalent of sand asphalt plant mix meeting state August 7, 2007 ?? r SITE DEVELOPMENT STANDARDS standards. .'\n alternate of Type I asphaltic eoncrete one and one half (1 1/2) inches thiclc may be used on all streets of higher classification. G. .^~LTBRN.^..TE TYPES OF PAVEMENT, R\SE }\ND SUBGR.\DE. Alternate types of pavement, base and subgrade \vhich, in the opinion of the city engineer, are equal or superior to those speeified may be approved. .^~pplication for such approval shall be accompanied by '",ritten data, calculations and analyses whieh show, by aeeepted engineering principles, that the alternate types are equal or superior to those specified. r H. ST.\BILIZED SHOUWERS. Stabilized shoulders eight (8) feet v.ride shall be provided for distress lanes unless paved lanes are provided. The shoulder shall consist of a six inch layer of soil ha'ling a minimum of fifty (50) p.s.i. Florida bearing 'lalue for local streets . and seventy five (75) p.s.i. for streets of higher classification. '.'There sod is desired, it shall be installed prior to acecptance of the subdivision. f..s an alternative, six (6) inches of stabilization may be left four (1) inches below finished grade. No time extensions ",:ill be granted on the basis ofineomplete stabilized shoulders. 1. STREET GRADES. Street grades shall be determined in relation to the ckaina-ge installations for the subdivision. Street grades shall not eJweed tv:o and one half percent (2 ~~%) l:lflless adeq-liate proteCtion for. erosion is provided. Swa1e section grades shall Rot be less than thirty two hundredths percent (0.32%) and gattered section grades shall not be less than twenty four hunckedths pereent (0.21%) unless otherwise approved by the City EB~neer city engineer. Road ckainage shall be sflO'l:n on development plans by di:reetion, percent of fall and with a eooterline distance between oontrol points. r J. SV/:\LE iUID S\V.^..LE GRADES. Swalt' grades within the right of way shall comply with euITont eity standards incIliding, but not limited to,. the reereation and parks dcpartmeBt policy and proeedure manual. Runoff may be accumulated and carried in swales or guttered sections in the right of way along streets in accordance with the maximum flood lines shown in the eurrent city standards. 'Vater in excess ofthcse quantities shall not be carried in the street swale or gutter but shall be diverted into storm facilities. Section 13. Street markers. Street markers shall be provided at each intersection in the type, size~ and location required by current city standards. Street name signs shall carry the street name on the appro':ed subdi"rision documents. August 7, 2007 ')~ SITE DEVELOPMENT STANDARDS r S. STREET :M..^......~~RS. One street marker as prescribed by current city stafldards shall Be pro'lided at eaeh interseetioB eight (8) feet from the edge of pa':ement on a radial line that bisects the intersection radius eUFve. Section 16. TFaffic control devices. The dc':eloper shall install traffic eontrol devices en r{)ads within and interfacing ,-vith the developmeBtoF subdi':ision. '\7fleil required, the developer shull conduet a traffic im-pact analysis in accordance 'Nith the conei:lffeBcy requirements of Palm Beaeh County Traffic Engineering Division and these regulations and any othcr requkemeats deteFmincd necessary by the city engineer, who shall determine the traffio control rcqairemeHts. (Or-d. No. 02 033, ~ ~ 3, 1, 8 20 02) Section 17. Traffie control deviees. The design of traffio control deyiees shall be in aocordance 'l:ith thc manual f-or liHiform traffic control de'.iees. r Section 18. Monuments. The desiga of permanent reference monuments, "P.R..M.'S" and permanent contrel points, "P.C.P.'S" shall be as prescriBed by Chapt6f' 177, Florida Statutes, as afReaded. . 'Where such monuments oeGl:}f '.vitfrin street pa'lcment areas, they shall be instaUed in Ii typieal Ylat6f' 'lalve eo':er, as preseribed in tho currcnt eity stafldards. D. Construction. Repair. or Alterations. .A...~ TICLE II. CONSTRUCTION, REP}..IR OR .:\LTER.^.. TION 1: Street Access Permit. Section 1. Standar<ls, permit req-mrod. All work performed in public or private rights-of-way shall conform with the current Department ef Public 'Vorks, Engineering Division's Engineering Design Criteria Handbook and Construction Standards Handbook Manual. Except as provided herein, any person desiring to perform or have performoo any of the activities aetg covered by this article chaptci' wherein a permit is required shall secure such a permit in accordance with the rules and regulations set forth in Chapter 2, Article m. Section 4.A this chapter. (Ord. No. 02 033, ~ 4, 8 20 02; Ord. No. 05 011,~~2, 3, 3 1 05) ,...... 2. Work within Ri2:ht-of-Wav Permit. Seotion 7. 'Vorle v;ithin rights of way. ..^... Permit reqaired; scope. No person shall begin to construct, reconstruct, repair, alter or grade in or upon any area of public or private rights-of- August 7, 2007 ')11 SITE DEVELOPMENT STANDARDS r way in the city without first obtaining a permit as provided in Chapter 2. Article m. Section 4.B. this seetien. The pennit shan ootitle the applieant to work in a maximl:lm of one thousand six hundred (l ,600) linear feet of right of ...:ay. A separate permit must be obtained for eaeh additional one tholisand six lmndred (l,600) linear feet of v.-ork. 1}.'Rer'0 'llork is continliOus, restoration must be completed OR tho first permit before a third permit may be issued. .^..t FlO timo shall more thaa two (2) permits be issued for one location. For projects that eonsist of directional bore condl:lits only, the City EnriFleer city oogineer, or his or her designee, may approve a permit 07weeding a total length of three tholisand tv:o hlll1dred (3,200) lineal ~feet as one permit ofwork The permit shan be in the custody of the foreman or his Of her designated representative at the work site. 3. Street Openin2: Permit. STREET OPENINGS A.1;l~ nCLE ill. ,-... Section 1. Permit required; eompliance '-'lith chapter. Any person desiring to plow, dig, scrape or in anyway make or have made any hole, pit, ditch or excavation in or upon any street, aIley, roadway or public land shall proceed with such work only after obtaining a permit therefore and in compliance with all regulations contained in or promulgated under this article chapter including the ~ Department of Publie 'Vor1cs, Engineering Dhision's Engineering Design Criteria and gtandards Handbook and Construction Standards It shall be conducted in accordance with Chapter 2, Article m. Section 4.C. (Ord. No. 05 014, ~~ 2,3,3 1 ~ 4. Alterations to Medians. y. .,\LTER.^~TIONS TO MEDL \NS. 1. Whenever alterations of I :1I:;iians are deemed necessary by the City Commission for the promotion and protection of the health, safety and general welfare of the community, the costs for such alterations shall be borne by the developers or property owners of such land development projects. r 5. Nuisance Abatement. Section 20. Nliisaace abatement. Applicant for clearing and grubbing permit and I or land development permit shall describe in writing how blowing sand, dust and other airborne matter will be controlled during clearing, grading and filling and until such time as permanent ground cover is installed. August 7, 2007 25 r r- r August 7, 2007 SITE DEVELOPMENT STANDARDS E. Abandonment. All requests to abandon a public or private right-of-way shall be conducted in accordance with Chapter 2. Article II. Section 14. ARTICLE III. IDENTIFICf..TION OF REQUIRED IMPROVEMENTS Section 1. }..lleys. l\lleys are required along rear lot lines of eommereial subdivisions and arc peffi1itted in industrial subdivisions. Semion 2. f..lleys. Alleys shall be paved eighteen (18) feet ,..:ide in . a minimum twenty foot right of v:ay for commercial and industrial use and shall have appropriate radii f-or the use intended. . Alleys shaH ha':e inverted cro'.vns with three eighths (3/8) inch per f{)ot tra':ersed slope. The alley grade shall not eKceed two and four tenths percent (2.40%) or be less than forty hundredths per oent (0.10%) unless othef\vise approved by the oity engineer. Alley intersections and sharp ehanges in alignment shall be RT:oided and dead end alleys are prohibited. (Ord. No. 02 033, ~ 3, 1, 8 20 02; Ord. No. 03 018, SS 1 3,63 03) Section 5. Brid2:es & Culverts. Section 2. Bridges and culverts. Bridges or culverts shall be provided as necess~ry to facilitate the proposed street system whenever a development subdi':ision is traversed by or contains canals, watercourses, lakes, streams, waterways or channels. Bridges or culverts are subject to approval by agencies having jurisdiction. Section 1. Bridges. Bridges shall be designed in general accord with current Florida Department of Transportation practices and shall include planning for utility installation. They shall be reinf-orced oonocete or, upon request and approval, other IO'.Tl mamtenlHlee materials. Bridges shall ha':e a clear roadway width between curbs two (2) feet in exoess of the pavement 'width in each diremion afld shall provide four foot wide sidewalks on each side. l\I1 bridge struetures shall be designed f{)r H 20 S16 11 loading, incorporating adequate erosion protection. Section 6. Semion 5 1. Draina2:e and Stormwater / Wastewater Mana2ement. Drainage. A. Draina2:e. 1. Applicabilitv. An adequate storm, surface and ground water drainage system, including necessary ditches, canals, swales, percolation areas, detention ponds, storm sewers, exfiltration trenches, drain inlets, manholes, 20 SITE DEVELOPMENT STANDARDS r headwaIls, endwalls, culverts, bridges and other appurtenances shall be required in all subdivisions. 2. Minimum Threshold for Draina2:e Plan. Developers. contractors. and owners of all new residential developments. includine: additions. pools. patios. driveways. decks or similar structures. on existing properties that decrease the permeable land area in excess of 800 square feet on any parcel shall provide a professionally prepared drainae:e plan clearly indicating compliance with this division. Upon completion of the improvements. a certification from a Florida-licensed ene:ineer shall be submitted to the inspector prior to the issuance of any certificate of occupancy. Any development accordine: to this parae:raph that is part of an overall master storm water plan may have the provisions of this paragraph waived at the sole discretion of the City Ene:ineer or desilmee. r 3. Desi2:n Standards. Section 5. Drainage and storm water treatment. .^... D~^JN..^..GE. Provide oomprehensh'e storm drainage faoilities. Submit construction Construction plans and certified drainage design data includes but is not limited to the ',vhich includes, but is not limited to, method of control of storm water and groundwater; drainage plan; existing water elevations; recurring high water elevations; proposed design water elevations; drainage structures; canals; ditches; and any other pertinent information pertaining to the system. Provide for drainage ofIots, streets~ roads and other public areas including surface waters which drain into or through the property. The drainage design must provide adequate surface water drainage of naturally occurring or existing adjacent contributory areas. All drainae:e areas shall be desie:ned in accordance with the Ene:ineering ."~sie:n Handbook and Construction Standards or latest supp:ement thereof. 1. Design Criteria. a. Design usmg acoeptable engineering principles. b. Proteot all future buildings from a one 10 one hundred (l00) year storm. r- c. Pro':ide South Florida '.Vater Management District (SF',l,TMD) approval. August 7,2007 ?7 (' SITE DEVELOPMENT STANDARDS d. PFe':ide for maintenanoe of gI'Emnd':;ater 1e':els to preveat over drainage for the intoo.ded land use. 6. Design for rainstorms of maximum intoosity predieted f-or the Palm Beaoh County area at three )'CUF intervals aeoording to ourrent SF\V1ID charts and data. f. Design for long life, 10'0'; maintenanoe cost and ease of mainteaanoe. g. Design so that the hyaFlmIie gradient is not higher than gFate ele'lations of any inlet in the system. h. Slope pipe and eha:nneI structures to mInImIze sediment. i. Use' runoff ooeffioieats applicable after oomplete ae'/elopment has oe6l:lffod. 2. Components. (...... a. Minimum pipe size is fifteen (15) inches Hi diam.eter. b. Distanoe behveen terminating or intorm.ediatc struotures shall Bot exceed those required by state standards fur the 6oBstruetion of maintoo.anee inlets or manholes. e. Pipe shall moat ASTM, AASIITO and :: ~...t ofTI'lIIlSjl~~etioB Sjleeilioatio.... COB:;;;;;:;; shall have gasIceted jomts, meetmg the reqmre t Af..SHTO. e. . Metal pipe B9e<! b~ pa""",eat orp~= lIle fighter- way shall pI'O'IIdo a JOHlt liee lB~-;;;;;~b~ "'here jomt free mstalIatwHs ar-o not feasIble pIP jointed ':;ita a nvelvell ineh wide band ha':ing a mastie OF =~C!~lcat"..ovidiBg a '~'etertighlj,,;nt, ~j::::: . :~~J~CS meetmg or ex~eedIn~ these roqurremen s esed If &flproved by the elt)' engmeCF. August 7, 2007 e. AltemElle typOll of pipe material may ee ooe.;::: ~~:hst~~ ~::,,<er SlBlolBs withie lIle right .of way, E~~ = ~~, eonugelcd polyethlieno pljle (do"" -;:' (HDPE), oe"erod ey end eonfurmieg to """,;;';t :;:S :':'';i Ai\SHTO or ANSI sloedard Sjleeifieetioe, for"'.:t~.:: fshfieetion of barrel and Jemls, ""d shell IB ';;: FDOT standard specifications and polioies applieabl~~~ (' '">0 r SITE DEVELOPMENT STANDARDS intended use. The use of this alternate '.viII require v.'ntten approval from the city engineer. f. Pipe shall be fitted with headwalls, end',valIs, inlcts and other appropriate struotures. g. Catchbasins and manhole eovcrs shall be bicycle pfOOf.. 3. Dedications. Where additional ditches and canals are required to accommodate contributory surface waters, right-of-way shall be dedicated for future needs. Execption: An: exception exists where a developer may excavate or open sufficient capacity to provide for existing drainage needs whenever the developed or undeveloped status of adjacent areas so warrants, subject to approval by the City Engineer oity engineer. (...... 1. Looalized Improvements. Dey/elopers, oontraetors and o',yHers of all ne':.' residential developments, inelliding additions, pools, patios, drivev:ays, deeks or similar structures, . on e1dsting properties that deerease the permeable land area in excess of 800 square feet on any paroel shall provide a professionally prepared drainage plan clearly indicating compliance with this seetion. Upon oompletion of the impro':ements, a eertifioation from a . Florida lioenses engineer shallbe submitted to the inspector prior to the issuanee of any certificate of oceupancy. August 7, 2007 4. Draina2:e Easement. B. D~^..I}L^~GE E.^..SEMENTS. Drainage easements shall be provided where necessary at a width adequate to accommodate the drainage facilities in accordance with the Engineering Desie:n Handbook and Construction Standards. j -tility easements and drainal!:e easements shall be separate unless otherwise approved by the Director of Utilities and the City Engineer. . Where easement crossine:s occur. drainage easements shall take precedent. A minimum width of twelve (12) feet shall be provided for underground storm drainage installations. 'Nhere canals or ditches are permitted, the width shall be adequate to aceommodate drainage plus twenty (20) feet on one side for maintenance purposes. \Vhere the v/idth of eanals or ditehes exeeeds sixty (60) f{)et, they shall be accessible to and placed under the eontrol of the draina-ge agency having jurisdiction. Draina-ge casements shall be provided to facilitate removal of surface waters from contributory areas. Wnen a or r ?Q SITE DEVELOPMENT STANDARDS r subdivision is traversed by or creates canals, .::atercourses, lakes, streams, drainage 'Nays or channels, a drainage easement or right of way shall be provided conforming substantially with the lines of such 'lIaterway and of sueh ...:idth and/or construotion as 'Nil! be adequate for the purpose. . Seetion2. Easements or rights of '.vay. Provide ~ storm'.vnter casement or a drainage right of ':lay conform2ing substnntiallyto the lines ofv/atercourse...and of sueh further width or construction, or both, as '::ill be adequate for the purpose. .^..dditional right of way may be required where necessary for maintenance, saf'8ty, and convemenoe. B. Stormwater Mana2:ement. 9. Stormvlater system. When approved positive drainage is not available, on-site containment of storm water run-off shall be provided by the developer. Details of the on-site system shall be approved by the City Ene:meer city engineer. r 1. Applicabilitv. Section 5 2. Storm ',vater treatment. Storm water shall be treated in the development subdhision by providing on-site percolation and/or detention or any appropriate treatment technique acceptable to the South Florida Water Management District (SFWMD). 2. Desi2:n Standards. B. STORM Vl.^...TER TREf.. TM:ENT. Rainfall runoff, surface waters... and ,groundwaters shall be managed in developments subdivisions to optimize water quality and maximize percolation and detention to promote the re-use of this resource. All stormwater / wastewater areas shall be desie:ned in accordance with the Engineering: Desilm Handbook and Construction Standards or latest supplement thereof. However. pervious areas shall be sodded and irrie:ated unless other landscaping is approved bv the Director of Planning: & Zoning:. The treatment shall be acceptable to the SF\\'MD. Storm ';1,.,7 ater Management shall be governed by the appropriate drainage agency district. 1. Design Criteria. r a. Size to accommodate at least a one ill hour, three year storm or to retain the first inch of runoff, whichc':er is greater. August 7, 2007 "^ SITE DEVELOPMENT STANDARDS r b. Provide detention for at least the first inch of rainfall in swales, retention areas or other approved facilities. c. Pcrvious areas shall be sodded and irrigated unless other landscaping is approved by the director of development. d. Route runoff from roads, parking lots, roofs and other impervious surfaoes o'/er areas ',l/hcre peroolation is accomplished prior to introduction into any receiving faeility. Runoffcarried directIyinto the closed storm se'Ner system must be diseharged to percolation areas prior to eonveyance to off site receiving '.vaters. 2. Components. a. Maximum runoff distanoe over imperyious surfaces before di'lersion to peroolation areas is fifty (50) feet excluding roofs, sports fields, roadway gutters.. and storm sev:ers. r...... b. Temporary ponding shall not last more than eight (8) fle.lws.: c. Swales may be substituted for storm sev:ers to convey and eolIect surfaoe ,-vaters. Minimum 8:Fld maximum swaJe grades shall be designed in . aoeordance with eity standards. Max.irnum swale grade is limited to that grade '.vhich ...:ilI produoe "yater velooities below the threshold of erosion. Typioal s.....:aIe sections shall f{)llow city standards. d. \\7 ater management tracts shall include a tVlenty foot (20) foot 'wide maintenanee casement ',Vith a nyo.: ':xmm side slope of eight to one (8: 1) to the water lcvel ..€ffitfel ele'..ation. Maximum slope from the ......ater level control elc,..ation to a point two feet belo',y the control elevation shall be four to one (1: 1). Maximum slope below this point shall be in aceordance with city stormwaterretention criteria and standards. r.... 3. Dedications. Major treatment facilities such as swales, lakes, canals, and other areas used for stormwater management prior to discharge from development shall be placed in water management tracts shown on the plat and dedicated to the entity responsible for their maintenance. August 7, 2007 ~1 r r r August 7,2007 SITE DEVELOPMENT STANDARDS 1. Alternate treatments. }Lltemate treatment methods or facilities.. ',vhiell in the opinion of the eity engineer arc equal or s1:lperior to the above requirements.. may be appro'/ed. fLpplieations f<>r such approvals shan be nceompanied by ',vntten datu, calculations and analyses vlhiell sho'N, by acocpted engineering prinoiples, that the alternate proposal is equal or superior to that required. All major treatment facilities suell as sOl/ales, lakes, canals, and other detention areas used f<>r storm '.vater management prior to diseharge from developmoot shall be placed in wate!' management traets sho'.yn on the plat and dedicated to tho entity responsible f-or their maintenance. :\11 \yater mauagemeat tracts shall inolude '-'{flere neoessary, a tVleHty .em foot wide maintenanoe berm, '::ita a side slope Bot steeper than eight to one (8: 1) to the ',vater eontrol el(wation . and f-om- to one (1: 1) to t'.\'O (2) feet below the v:ater eOBtrol elevation. Alternate treatment methods or faeilities 'l..hieh in the opinion of the city engineer are equal or superior to the aboye requirements may be approved. (Ord. No. 96 56, ~ 5, 1 21 97; Ord. No. 02 033, ~~ 3, 4,8 20 02) Section 7. Bicvcle / Pedestrian Paths. Section 12. Bieyde,'pedestrian paths. Bicycle/pedestrian paths shall be a minimum of eight (8) feet in width wHle. In driveway and commercial areas, the surface, base and sub grade requirements of Chapter 4. Article VITI. Section 4.C.2 Article N, Section 10, sueseetion F shall be met. In other areas, one ill.: inch Type II asphaltic concrete on a four-inch thick compacted base of locally approved limerock or shell shall be used. When bicycle/pedestrian paths are not located within road rights-of-way, the base shall extend six (6) inches from each side ofthe surface and muck shall be completely removed below the base. Three-quarter (3/4) inch thick Type I asphaltic concrete may also be used. The cross slope shall be one-quarter (1/4) inch per foot. (Re,..isod 4 26 95) Section 8. Canals and Waterways. ARTICLE VII. SUBDIVISIONS CONT.tUNING " }J)]OINING '.l/ATER...DRONT PROPERTY Section 1. Gooeral design. When a developer designs a development or subdi','ision containing / adjoining waterfront property either existing or proposed.. such as canals, water courses, lakes, streams, . drainage ways or channels, such development or subdivision shall comply and conform to the requirements of this article and this chapter. 32 r SITE DEVELOPMENT STANDARDS A. Desi2n. Seetion 3. Design. Where canals, watercourses, lakes, streams, drainage ways or channels are adjacent to or exist upon the property to be developed, they shall retain natural characteristics or design and protect waterways so as to not present a hazard to life and safety. Access waterways proposed in conjunction with a development or subdi':ision shall have a minimum water depth of six (6) feet for a continuous bottom width of twenty (20~ feet. Where seawalls, bulkheads or retaining walls are not required, the design shall incorporate a minimum of a four to one (4:1) slope from existing ground to a depth of six (6) feet. B. Dedications. C. DEDICATIONOFRIGHTS OF ',1l.\Y. Prior to the construction or alteration of watercourses as prescribed in paragraphs A and B of this section, right~-of-way or easements required for such work must be appropriately dedicated. Where such construction or alteration affects a governmental agency, the dedication, deed... or easement shall be to such agency. COrd. No. 02 033, ~ 2, 8 20 02) r Section 6. Dedication. .I.\.. DPy\il'I.,\GE E.I.^..8E1ffiNTS. Where, in the opinion of the City Engineer city engineer, public rights for drainage purposes are necessary, an easement shall be dedicated to the city. This dedication shall be in conformance with Chapter 4. Article VITI. Section 7.A.3.a. 1. Waterways. B. '~/.^LTBR',V.^LYS. Waterways... except for public drainage easements... shall be dedicated to a property owners' association or reserved for the use of the residents of a development or subdivision when the development or subdh'ision is developed as a condominium or cooperative development as defined by Florida Law. In . lieu of the foregoing, waterways may be dedicated to a legally constituted drainage ae:ency district. r 2. Maintenance. C. M.^LINTEN.\NCE. Pc petual maintenance of rights-of-way or easements for canals, watercourses, lakes, streams, channels or other water management areas shall be dedicated to a property owners' association unless the right-of-way or easement is public. In those cases maintenance may be dedicated to the city for the limited purpose of providing minimum drainage as determined by the City Ene:meer. city 6flgineer. (Ord. No. 02 033, ~ 2, 8 20 02) 3. Exceptions. Section 7. Exceptions. This article shall not apply either to drainage easements containing August 7, 2007 SITE DEVELOPMENT STANDARDS r subsurface drainage systems or to the operation or activities of a governmental water control district agency. C. Construction. Repair. or Alterations. Section 4. Construction and permitting. A. PL:\NS. No person, firm, corporation, or any other association shall alter, reroute, deepen, widen, change, or construct any waterway without first submitting construction plans and an application for such work to the eity enginoer City Ene:ineer for a dredge, fill~ or excavation permit in accordance with Chapter 2. Article m. Section 5. Prior to the issuance of such a permit, the plans shall be approved by the City Ene:ineer city eflginocF. r B. .^LGENCY .^2>PROV f...LS. Where the dredge; fill, or excavation affects public property or sovereign land, the construction plans shall, prior to issuance of permit, be approved by the governing agencies having control over public property or sovereign lands such as the South Florida Water Management District (SFWMD), Trustees of Internal Improvement Fund, U.S. Army Corps of Engineers, Department of Environmental Protection, Lake Worth Drainage District (LWDD), or any other public agency having jurisdiction in such matters. Section 9. Communitv Desi2:n. A. General. 1. Purpose and Intent. The PUl-pose of this section is to promote harmony with nature and a pleasant and comprehensible cohesiveness among development within the City. Throue:h enforcement of the Community Design. the local elected officials shall determine the basic aesthetic character to be achieved in the development of the community. 2. Administration. The Director ofPlannine: and Zonine: shall coordinate. interpret. and administer this section. r 3. Waiver. Any deviation or variation from the regulations of this section requires the approval of a Community Desie:n Appeal (CDP A) in accordance with Chapter 2. Article II. Section 9. August 7, 2007 34 r SITE DEVELOPMENT STANDARDS !!. Sidewalks. (4) Sieewalks and lighting. (a)~l BOW eonstruetiOll ill tRe MU H Distriet shall pro~/idc Be'::' ::aIks:The foIlowine: ree:u1ations shall apply to sidewalks: 1: "Urban Mixed Use" Districts. The fOllOwing re lations shall a 1 to sidewalks in the Mixed Use-Low Intensi 1 Mixed Use-Low Intensi . 2. Mixed Use-Low Intensity 3. and Mixed Use-Hig-h Intensitv districts: .!: Materials. fe) Sidewalks and lighting shall, where practical, be Holland-Stone pavers, red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the consistent with the current design elements in place along Federal Highway. !!: Desi2:l!. e. PedcstriUH: eireu1atien. (1) Pedestrian circulation should be carefully planned to prevent pedestrian Use of vehicular ways and parking spaces. r ~ In all cases, pedestrian access shall be provided to public walkways. 2. Mixed Use-Hi2:h Intensitv (MU-H) District. Sidewalks constructed along arterial roadways shall be a minimum of ten (l0) feet wide, measured from the f'eaf back of the curb. 3. Mixed Use Developments. (4) SiElc\T/aUcs. (a) Sidewalk accents via pavers or stamped colored concrete shall be utilized in all central pedestrian ways of mixed-use development areas enly. S,IP.......glZoru., coo, l1p<bte\1DR R~m.lP", 1R\Cb"""'ICh."", 4 s;" n"",,<>pm.. S"_\F;"I\An;,I, vm lJtifu" "d -..re Standards. doc ,.....,.. August 7, 2007 35 r- ,d,~~~\l~ r~~\~ .rr~"'3~~\ ~~Y~T2~ . East Side-West Side-Seaside Renaissance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August 14,2007 I I Consent Agenda I X I Old Business New Business Public Hearing Other . f' SUBJECT: Consideration of Entering into a Purchase Agreement with Lennis and Sharese Gillard for 402 NW 12th Avenue in the Amount of$183,500 plus closing costs. SUMMARY: The subject property is located adjacent to the Palm Beach County Housing Authority Section 8 housing in the Heart of Boynton that is slated to be demolished and redeveloped as for-sale single-'family housing by the Housing Authority (please note the redevelopment of the Public Housing site is included in the . Heart of Boynton Community Redevelopment Plan). Ms. Gillard approached the CRA about purchasing her property; a duplex on a 25' wide lot. Staff felt that the purchase was strategic because it would enable the development of an additional single-family home by the Housing Authority and would eliminate a non-conforming lot. Staff ordered an appraisal of the property. ~ The property was valued at $170,000. The Gillard's felt the appraised value was too low and secured their own appraisal that set the value at $197,000. CRA staff offered to split the difference between the two appraisals and pay the closing costs. The <;::RA Board approved this offer at their June 2007 meeting. However, the Gillards did not accept the offer at that time. Since then, the Gillards have agreed to the terms approved by the Board and are desirous of selling their property to the CRA. It is anticipated that the property will be disposed of, potentially to the PBC Housing Authority, at below market value to enable the development of an affordable single-family owner-occupied home. FISCAL IMPACT: $183,500 plus closing costs to come from Bond II. RECOMMENDATIONS: Approve the Purchase Agreement between the CRA and Lennis and S Avenue in the amount of $183 .500 plus closing costs. V~b~ r Assistant Director C:\Documents and Settings\mellssaa\Local Settlngs\Temporary Internet Flles\OLK105\Gillard PA.doc r.... 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 Lennis L. Gillard and Sharese L. Gillard, (hereinafter "SELLERS"). In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALEIPROPERTY. SELLERS agrees 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: SEE EXHIBIT "A" 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be One Hundred Eighty-three Thousand Five Hundred Dollars ($183,500.00), payable in cash, by wire transfer of United States Dollars at the Closing. r 3. DEPOSIT. 3.1 Earnest Money Deposit. Within three (3) Business Days after the Effective Date, Purchaser shall deliver to Goren, Cherof, Doody & Eirol, P.A.("Escrow Agent") a deposit in the amount O~+eR Dollar, ($ 1 O.QII1 Dollars (the "Deposit").. ." ID~ of ~ E;gl,f..e.f11 '/.-ht>t1oMd I-hr..u hUl7dd FiFI!} dol/Qr$ (ilf;350. cOJor " (Jt-','c,.e.",el) 3.2 ApplicationlDisbursement of Deposit. The Deposit shall be applied and ~. disbursed as follows: The Deposit shall be delivered to SELLERS at Closing and the CRA shall receive credit for such amount against the Purchase Price. If this Agreement is terminated during the Investigation 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 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, r Escrow Agent will pay, the filing fees and costs from the deposit and will recover reasonable PURCHASE AGREEMENT Page 2 of 13 r 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 EFFECTIVE DATE. If this Agreement is not executed by and delivered to all parties on or before August 15, 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 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 September 28, 2007 (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. r 6. TITLE TO BE CONVEYED. At Closing, SELLERS 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. r 7. Investie:ation of the Property. CRA, and CRA's agents, employees, designees, Contractors, surveyors, iF~ineers, ~wlJY$~~' ~T~~s and other consultants (collectively, "Agents") shall have .t &-vc ~rfro ilie ~ffective Date of this Agreement ("Investigation Period"), 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 Investigation 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: (4) leave /-. a. ..th@ PWJ3crt, ~11 ~ubstantiall~' the e8fid~l~Ull c;}\.i:sL~l1g vB the Effseti.te DatG, subject to sueh .s. C2 disturbtmcc ~ ';,'as reasonably JJ.ecessary Bf c5fivcnicnt ~11 llrl;; ffisting and 1nvesti~ PWl"crry; (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 2 PURCHASE AGREEMENT Page 3 of 13 r CRA's inv~stigation of the Property. 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. SELLE]} c;;: hP.TP.hy l'Igtee~ to indemaify and hulJ CRA- harml@88 from lU1Q against all daims, I0:33cs, cXl'cHSeS, demands 8:flcllia13ili'tie~, .ffielucling, bnt n<* limited to, attamey'g reG;" :fur FlGRpayment for services rcndeied to 8ELLER-B 01 fVI dan'Il1ge tC> persmis 01 pIOpe:rt) (subject to the: lim;tatiuB UB pHldicability prouideo l'Ihnvp) arising uut of GR;.\'8 hwestigation of the Praperty. SELLERS obligatioNs under this S@ction shall sHrvh!-{, the- t€rmin~tion, {\\xpir~tiQn or ('lnc;:ing nf this A grp.p.mentt ,L..,tJ. SG 7.1 Seller's Documents: SELLERS shall deliver to CRA the following documents arid 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 SELLERS possession or control with respect to the physical condition of the Property, if any. r 7.2 Title Review. Within twenty (20) 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 thirty (30) 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--I~I- to hereinafter "Cure Period"). In the event that SELLERS is unable to cure and remove, or cause i.a,(!~~tn3 to be cured and removed, the CRA Title Objections within the Cure Period, to the satisfaction of of 0.1\)1. t CRA, then CRA, in CRA's sole and absolute discretion, shall have the option of (i) extending the Io.::t.~ Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title eGo 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. r 3 PURCHASE AGREEMENT Page 4 of 13 r . 7.3. Survey Review. CRA, at CRA's expense, shall 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 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. Post- closing, SELLERS shall have ten (l0) days to access the property and remove such real and personal property as approved by the CRA in writing. This provision shall survive closing. r 8.3 Occupancy. SELLERS warrant that as of the Closing Date there are no tenants occupying the Property. 8.4. 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. 8.5. eompli81168 'NiiR I an'i aRe Regl':llatiuu~. The FI0.f30rt) ~lIC1ll be m '(30ffiflliaRc~ uritf1 ~1I ~Fplic:ibli roaerlll, stttte 81'16 16elllla',ys, ()rdiRa.R~es, m !pc;: re~lJlati()nc;:, c9aes, rlilql:lircm.cftts, licGnb",,,, jJt;llult~ am:l ft'l::ltft6l'iz8ti6HS as of the d:i\.te of Closi~ L . ><:1. s (; 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: ~i9.1. Deed. A Warranty Deed (the "Deed") conveying to CRA valid, good, marketable aRa instlrable 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. 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 r' with respect to the p.roperty. In the event SELLERS is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. 4 PURCHASE AGREEMENT Page 5 of I3 r 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. 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. The CRA and the SELLER agree that since the CRA is a governmental entity entitled to a tax exemption, Section 196.295 of the Florida Statutes shall apply. r 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 shall, at Closing, be charged an amount equal to the last estimate or assessmen for the improvement by the public body. fJ.'jcRS t..J:J. Sa 10.3. Closine: Costs. CRA shall pay for all documentary stamps on the deed, recording the deed and all general closing expenses (settlement fee, courier fees, overnight packages, etc.). SELLER'S legal costs, if any, shall be paid by the SELLER. 10.4 Closine: Procedure. CRA shall wire transfer or issue a check in the amount of the Purchase Price subject to the credits, offsets and prorations set forth herein payable to the Escrow Agent. 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 Existine: 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 r applicable to and en(iumbering the Property. 5 PURCHASE AGREEMENT Page 6 of 13 r 11. REPRESENTATIONS. COVENANTS AND WARRANTIES. 11. I Seller's Representations and Warranties. SELLERS 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 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 persons executing this Agreement on behalf of SELLERS have been duly authorized to act on behalf of and to bind SELLERS, and this Agreement represents a valid and binding obligation of SELLERS. A l--J:)?~ 1.3. Title. SELI&RS are and will be on the Closing Date, the owner of valid, goodlmarketable afId iRsHf'ablct-te'e ~~mple 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. r 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 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. r 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) 6 PURCHASE AGREEMENT Page 7 of 13 r- 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: ~~~~S€, /-.Jj. S C Lennis & . e Gillard iJ P. O. Box~ l.9.Q{QI 1-. . Delray Beach, FL 33-447 834 8 ~ 1-.)j . s ~ 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 r With a copy to: James Cherof, Attorney The City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 561-742-6053 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 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 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. 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 €;xpenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged 7 PURCHASE AGREEMENT Page 8 of 13 r to have be~n 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. 16.0 Environmental Conditions. 16.1. 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. 16.1.1 As a material inducement to CRA entering into this Agreement, SELLERS hereby warrants and represents.rthe following, as ap licable: Kn J J . J J_ t Pil~.i'-er /llVesl/l?(ilion 'r TO :flle 8r!.510F et.( €RS OWte(J()f.- W' H7DtL ~ ff1 .;I or ;,., u.i.a-'. L. . S G . in full complianee \.itlI WI} eluJ all pCl1Hitg regarding the Di~puMl vfPellatantg eft the. Plopcrty "01 cORtiguOl:l3 prep@rtyowfled b} SeLLER5, to the besl ufSELLER'8 k..1l8v:l@gge~ L..x0. S~ (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 r 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 do they 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. (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 SELLERS. 16.2 Additional Warranties and Representations of SELLERS. As a material inducement to CRA entering into this Agreement, SELLERS, to the best of SELLER'S 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 SELLERS have not granted or is not obligated to grant any interest in the Property to any of the foregoing entities. r 16.2.2 There are Be filets bclie-te.d by SELLeRS to.- Be lllall::! jell to {he ust:, oondition ana e~~ratioJJ of the Property iB th@ maIm8r that it Ras bGCH u3cd or opl;;Iatcd, Nhieh it L..0. ~~ 8 PURCHASE AGREEMENT Page 9 of 13 f' has not dic;:~I()"pn to rR A hPTPin, inl'I'IQiag But B8t Jiiniten to 'lnnH;OrG@Q iR~tnlA;\~Rt5 or ekfcc~ ia ..the N\lHiitisn of till; P JUpl;lly w I Iicft ',yill i~air tH@ 'I~E' or ()rprath~a of the Prgperty ia any mar.ner. L~. s.(;, 16.23 Tn thp hpc;:t of ~ELLER'S kno'Nlesge, thp Property :imQ tHe 1:lge 8:11& operation tnereef fif'- ill complilttlcc with all applicaBle eeunty aRQ gO\Tf'tTlmental1am~, ordinances, f0gl:l1atioliJ, lieenJcs, PCllu;b WIJ autlIUJiLAlivus, iRdllning, mithO'lt limiffitioFl, at't'lisable zoning atId eR'/iremffi.entttllllw~ L\ud Icg1:l1atim'ls. J... J;). 5" 16.3 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: 16.3.1 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, ifany. r 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, 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 thirt, (3Q.) au)'::; pIiur to tHe Closing, Date, SELLERS shall lCfU68Y, t:~c;:torP, !'Inn TPctif'y :iR~T and :ill dolatioR5 ef th@ GG'\""dlluental Approvals (mduJing !Jut not limited tv WIY mid all paction" of the snrf!'lC@ water. maRagemeat system, A;\itigation areas 01 other items '/lfiisll eo Rot comply with the GOV€lI'ftluI;Illal Approvals or ajJpl~Ga8le rules), if aUY. SELLCRS Wafftmt that there '.vill Rot be, at tbE' timi <=If ClesiBg, :!lRY 'JRre{'onl€Q iRstmHlelits affecting tHe titl~ to tbe Prgf3erty, iFlel'lning, hIli- -.net limited to MlY CGH'/e)'anrelt, p!'lc;:pmpntc;:, IkeRs@s er leases. ). .~. s G. 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 r or oral, bet~een 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. Shall b.t. i (I ca.lind~..r Jd~S 9P1pl t:br +,m€ 17.2. Computation of Time. Any reference herein to time periods~lch l>ar~ ~ J-. JJ . meaSlln~a in DtlsiH@EE DaYlii aaQ '~Ibid~. are. less than six (6) days... shall exclude Saturdays, S C 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. r' 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 SELLERS 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 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. r 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 II of 13 r- those at the appellate level, shall be awarded to the prevailing party. (' (' 17.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and SELLERS have 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. NOt J...b. S~ 17.10 Recording. This Agreement maytbe recorded in the Public Records of Palm Beach County, Florida. . 17.11 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> (or on e (1) ljeQr~ L)). 17.12 SELLERS Attorneys' Fees and Costs. SELLERS acknowledge and agree S C 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. 11 r r r PURCHASE AGREEMENT Page 12 of 13 date. IN y.'ITNESS WHEREOF, the Parties have executed this Agreement as of the Effective BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Gerald Taylor Title: Chair Witnesses: Approved as to form and legal sufficiency: CRA Attorney SELLERS ~c/0 AEO/l?'J- L, ~f/klf'-rL Print Name: Lennis L. Gillard Witnesses: 4,~,,- ;Z~ ~/;tlIc.I/JI d xJ.-ilfi\~ d S ho..t'.e 6 ~ L. ~; {\ Clf d Print Name: Sharese L. Gillard Witnesses: d/4" Jk I:\Client Documents\Boynton Beach CRA\pfRusso\Misc\Purchase Agreement.doc 12 r (' (-... PURCHASE AGREEMENT Page I of 13 EXHIBIT "A" Lot 415 of Cherry Hills Subdivision as recorded in Plat Book 4 at Page 58 of the Public Records of Palm Beach County, LESS AND EXCEPT Begin at the Northeast corner of said Lot 415; thence S 030 47' 23" E along the Easterly line of said Lot 415 for a distance of 24.23 feet to the point of curvature of a circular curve convave to the Southwest and having for its elements a central angle of 880 11' 44" and a radius of 25.00 feet; thence Northerly, Northwesterly and Westerly along said curve for an arc distance of 38.48 feet to the point of tangency, said point being on the Northerly Line of said Lot 415, thence N 880 00' 53" E along said Northerly Lot Line for a distance of 24.23 feet to the Point of beginning. r (' (' r ........>::::- -......... r i1 I 'rili1i ~t ~~ ~J :~~fl ~~ ;~~ ?f" .J: .U...)'.~ lift:, ;~~ I "1%>;' ~ f>)~ I Anderson & Carr, Inc. 521 South Olive Avenue West Palm Beach, FL 33401 (561) 833.1661 (561)833-0234 FAX Summary Report of a Duplex LOCATED AT: 402 NW 12th Ave Boynton Beach, FL 33435-3097 PO #000357 FOR: Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 Attention. Vivian Brooks AS OF: January 26, 2007 BY: r Anderson & Carr. Inc. Form GA2 - 'TOT Al for Windows' appraisal software by a la mode. inc. -1-800-ALAMOOE IRle No. 2700591 ROBERT B. BANTING. MAl. SRA. PRESIDENT Slatc..certified General Real Estate Appraiser RZ4 FRANK J. CARDO. MAl, VICE PRESIDENT State-Certified Genenl Real Estate Appraiser RZI190 ~()I:l?~()~ & C~l?l?!l I~C. r <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< ~PJ7raisers .}lea/tors >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> 521 SOUTH OLIVE A VENUE WEST PALM BEACH. FLORIDA 33401-5907 www.andersoncaIT.com Telephone (561) 833-1661 Fax (561) 83)'()234 February 1, 2007 OiLaiJI)I &:Nice cBince 1941 Ms. Vivian Brooks, Planning Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach; FL 33435 Re: A Rental Duplex Property Located at: 402 NW 12th Avenue Boynton Beach, FL 33435 Our File No. 270059 Purchase Order No. 000357 Dear Ms. Brooks: r At your request, we have appraised the above referenced property. The purpose of this appraisal was to estimate the "As Is" market value of the fee simple estate of the subject property, as of January 26, 2007. As a result of our analysis, we have developed an opinion that the "As Is" market value, subject to the definitions, certifications, and limiting conditions set forth in the attached report, as of January 26, 2007 was; ONE HUNDRED SEVENTY THOUSAND DOLLARS ($170,000) 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, M , State-Certified General Real Estate Appraiser RZ4 fi, ~CL.._0(1~--j( Cy~;~ A. Bennett State Certified Residential Real Estate Appraiser RD4014 RBB/CAB r Anderson & Carr. Inc. IFile No. 2700591 r The Duroose of this summary aDDraisal reDort is to DrDvide the lender/client with an accurate, and adeQuatelv sUDDorted. oDinion of the market value of the subiect Droperty. ProDertv Address 402 NW 12th Ave City Bovnton Beach State FL liD Code 33435.3097 Borrower Client: Bovnton Beach CRA Owner of Public Record Lennls & Sharese Gillard County Palm Beach LeaalOescriotion CherrY Hills Bovnton Lot 415/less ratum curve In O.R. 4383 Paae 3551 Plat Book 4 Paae 58 Assessor's Parcel # 08-43-45-21.14-000.4150 TaxYear 2006 R.E. Taxes $ 1 754.00 Neiohborhood Name CherrY Hills MaD Reference 99 Census Tract 0061.00 OCcUDant n Owner 15<1 Tenant r l Vacant SDecial Assessments $ N/a n PUD HOA $ N/a rl Der vear n Der month .. ProoeriV-Riohts Aooraised I:><:] Fee Simole rl Leasehold n Other (describe) Assionment TVDe n Purchase Transaction rl Refinance Transaction 15<1 Other (describe) Possible acaulsltlon by Bovnton Beach CRA Lender/Client Bovnton Beach CRA Address 915 S. Federal Hlnhwav_ Bovnton Beach FL 33435 Is the subiect DroDertv currenUv offered for sale or has ij been offered for sale in the twelve months Drior to the effective date of this aDDraisal? n Yes 15<1 No Reoort data source(s) used, offering Drice(s!. and date(s\. Public records owner Small Residential Income Property Appraisal Report PO #000357 File # 270059 I 0 did 181 did not analyze the contract for sale for the subject purchase transaction. Explain the resufts of the analysis of the contract for sale or why the analysis was not oarformed. N/A Contract Price $ N/A Date of Contract N/A Is the orooertv seller the owner of public record? r l Yes rl No Data Source(s) N/A Is there any financial assistance (loan charges. sale concessions, gill or downpayment assistance, etc.) to be paid by any party on behalf of the borrower? 0 Yes 0 No . If Yes reDort the total dollar amount and describe the ijems to be oaid. N/A Note: Race and the racial composition of the neighborhood are not appraisal factors. :s'.l!lh'fo:f,~; N.!ildli~,Ch~'''';.;:~~,,:;;;;:;.. :;;;;;iBj!ti.r~!!'C,}!:';:;i<4:2;4<Ul'iItHOus.riil .~ncltl;:;~':'~'5;;...J.:\:'t~-,.g;.L',~; ~::,'~'Ui)IfHOli.lna:;;~t ~,.~!ZaJRtU~'%"':: Location 15<1 Urban rl Suburban rl Rural Prooertv Values rllncreasino Stable 15<1 Declinino PRICE AGE One-Unit 30 % Buift-Uo 15<1 Over 75% rl 25-75% rl Under 25% Demand/Supplv rl Shortaoe >< In Balance rl Over Supplv $ (000) (vn;) 2-4 Un~ 20 % Growth rl Raoid rJ Stable I5<ISlow Marketing Time rl Under 3 mths r 3-6 mths 15<1 Over 6 mths 124 Low 30 Multi-Familv 10 % : Neiohborhood Boundaries The sublect nelnhborhood Is bounded bv Bovnton Beach Canal to the 300 Hioh 60 Commercial 5 % . north U.S. Hlahwav 1 to the east Bovnton Beach Blvd. to the south and 1.95 to the west. 200 Pred. 45 Other 35 % ~ Neiohborhood Descriotion The sublect Is located In The Heart of Bovnton redeveloDment area. This Is a transitional nelahborhood as the .. Bovnton Beach CRA plans to a""ulre the Draoertles In this area for redeveloDment. The sublect Is located In the CherrY Hills subdivision and Dlans are to renlat this area and redeveloa with a traditional slnale famllv nelahborhood. Market Conditions fincludino SUDDOrt for the above conclusionsl The houslno market In the sublect area Is slow with homes stavlna on the market lonner while the sUDDlv of homes on the market has Increased dramatically. Some owners have lowered their Drices over the past few months. r Dimensions IrnHlular. see Dlat Area 2 950 SF Shaoe Irreaular View Residential Specmc Zonina Class~ication R2 Zonino Descriotion Residential dun lex Zonino Compliance rl Leoal 1><1 Lenal Nonconforminn (Grandfathered Use) n No Zoninn r llllegal (describe) No survev was nrovlded. Site area estimated. Is the hiohest and best use of subiect prooertv as imoroved (or as orooosed per plans and specmcations) the present use? rYes 1><1 No ff No describe The sublect Drone_ has no drlvewav/narklna and Is In a transition area. The Bovnton Beach CRA may acauire the sublect for redeveloDment. Utllllles Public Other (desCllbe) Public Other (descrlbe) Off-slte Imorovemenls - TVDe Public Private Electricitv 15<1 n 'Water IX'I rl Street Asphalt 1><1 [J Gas n n None Sanitarv Sewer 15<1 rl A1lev None rl rl FEMA Soeclal Rood Hazard Area r l Yes 15<1 No FEMA Rood Zone B FEMA MaD # 1201960004C FEMA MaD Date 9/30/1982 Are the utilities and/or off-sije improvements tvnical for the market area? 15<1 Yes n No ff No, describe Are there anv adverse s~e conditions or extemal factors (easements encroachments environmental conditions land uses etc.\? 15<1 Yes Tl No ff Yes describe The street was recentlv reconflDured with a DOrtlon of the northeast comer of the sub1ect lot taken for road curvature leavlna the sublect IDt with onlv 2 950 SF +/- and no drlvewav cut In the curbln . f:i;5'!',,:cf",~-.~Clli!tclrlDlfO(i'):';;,;'2l,'.(;';;. :,~;r,~S,:r':1;~;:~~tf!i(ir~~~,f*:1;~; ~1fllI'.'De.Cllllllj)lIi;;1'~(1Ij~8It7Jl/l1idIU!l~. l!'ite'rtOrl~r.,)~~."~~'r Units 15<1 Two r l Three rl Four 15<1 Concrete Slab r l Crawl SDace Foundation Walls N/A Roors Cer. tllelvlnyl/av!l l Accessorv Unit {describe below} l Full Basement r l Partial Basement Exterior Walls Concrete block Walls DnnNall/ava. # of Stories 1 # of bldos. 1 Basement Am N/A sO.fl. Roof Surface Flat Trim/Finish Wood/avo. Tvpe rl Det. 15<1 Att. n S.Det./End Unit Basement Finish N/A % Gutters & Downspouts No Bath Roor C tlle/ava. .-cxr Existina r 1 Prooosed rJ Under Const l Outside Entrv/Exit rl Sumo Pumo Window TVDe Alum. SH Bath Wainscot C tllelwet areas Desion (Stvle) DUDlex Evidence of r ] Infestation Storm SasMnsulated None ,"';;,,:;;"'t:;:;;>~~;. ".! .r~'2k':ki~r:;,"i Year Buill 1959 115<1 Dampness r l SetUement Screens Yes 11><1 None Effective Aoe Nrs) 20 Ii'~:~if.:':::~~Heatlho/~II!l!i,f,;;:;:'~~'it\,-:, "-V~<;'E~~1;:1..9i;-A/11!!lillli!i'i'(~i'~;)1';)_%~~r;:(",: l Drivewav # of Cars Attic X None l FWA ' I[] HWBB Irl Radiant 'l FireDiace(sl # . . h Woodstove(s) # Drivewav Surface None ] DroD Stair Stairs 1><1 Other None 1 Fuel N/A l PatialDeck 15<1 Fence nartlal 1 Garane # of Cars rr Roor Scuttle Coolina rl Central Air Conditionin~ l Pool rl Porch l Caroort # of Cars ~ 0 Finished Heated IZIlndividual 10 Other 0 Other 0 All. 0 Det. rl Built-in # of Appliances I Refrigerator 2 TRange/Oven 2 I Dishwasher I Disposal Microwave I WasherlDryer Other (describe) Un~ # 1 contains: 2 Rooms 1 Bedrooms 1 Bath s 455 Souare Feet of Gross Uvina Area Un~ # 2 contains: 2 Rooms 1 Bedrooms 1 Bath s 455 Square Feet of Gross Uvino Area Unit # 3 contains: Rooms Bedrooms Bath s Square Feet of GrOss UvinQ Area Unij # 4 contains: Rooms Bedrooms Bath s Souare Feet of Gross Uvino Area Additional features (soecial energv efficient items elc.l. The units have ceramic tile and vlnvl floorlna. The units were uDdated In the Dast with new kitchen cabinets and updated baths when the bulldlno was Durehased bv the current owner. No enemY efficient Items. r , Describe the condition of the propertv nncludino needed reoairs deterioration renovations remodelino, etc.!. There Is some deferred maintenance with some mlsslna tile In the shower In Unit B and there aPDears to be mlsslna kitchen cabinets over the ranae In Unit A. Tom screens. The roof was recentlv reDlaced oar owner. There Is nD drlvewav for the sublect. Freddie Mac Form 72 March 2005 Page 1 of7 Fannie Mae Form 1025 March 2005 Form 1025 - 'TOTAL for Windows' appraisal software by a la mode, inc. -l-BOO-ALAMOOE IFile No. 2700591 r Are there any Dhvsical deficiencies or adverse conditions that affect the livabffilY. soundness or structural inteorilv-of the OroDertv? I I Yes IXT No ~ Yes describe. Does the nrooertv nenerallv conform to the neinhbomood Ifunctional utilitv. SMe condition use construction etc.!? I)(J Yes rJ No If No, describe. . Is the oronertv subiect to rent control? -rl Yes I)(J No If Yes describe The following properties represent the most current similar, and proximate comparable rental properties to the subject property. This analysis is intended to support the opinion of the market rent for the subject property. FEATURE I SUBJECT COMPARABLE RENTAL # 1 COMPARABLE RENTAL # 2 COMPARABLE RENTAL # 3 Address 402 NW 12th Ave 449 NW 1st Avenue 401 S. Seacrest Blvd. #1 205 NE 3rd Street, #208 Bovnton Beach Bovnton Beach Bovnton Beach Bovnton Beach Proximilv to Subiect ;O-~~f~.]~~ ~ ~ Current MonthlY Rent 1 600 $ 775 $ 750 Rent/Gross Bldo. Area $ 1.32 so.ft. $ 1.18 so.ft. $ 1.29 so.ft. $ 1.34 so.ft. Rent Control l Yes IXJ No Yes No Yes No Yes No Data Sourcelsl Owner Realtor. nubllc records Realtor, nubllc records Realtor. nubllc records Date of Leasels\ NIA NIA NIA NIA ~ Location Urban Urban Urban Urban Actual Ace 48 vears 53 vears 45 vears 35 vears Condition Below averane Averane AveraDe AveraDe Gross Build/no Area 911 1360 600 560 Rm Count Size Rm Count Size Monthly Rent Rm Count Size Monthly Rent Rm Count Size Monthly Rent .. Unit Breakdown Sq. R. Sq. Ft. Sq. Ft Sq. Ft. Tot Br Ba 910 Tot Br Ba 1360 1600 Tot Br Ba 600 775 Tot Br Ba 560 750 Unit # 1 2 1 1 455 3 1 1 800 $ 950 2 1 1 600 $ 775 3 1 1 560 $ 750 . Unit # 2 560 $ $ $ 2 1 1 4554 2 1 650 Unit # 3 $ $ $ Unit # 4 $ $ $ Utilities Included None-Tenants na Owner DaVS water tenant Davs Owner navs water. Tenant Owner navs water. Tenant Davs water & electric electric and aas IDavs electric. 4 Dlex bulldlna electric. 20 unit bulldlnD Analysis of rental data and support for estimated market rents for the individual subject units reported below (including the adequacy of the comparables, rental concessions,. etc.! Comnarable rentals 1 & 2 have unit AC like the sub'ect. ComDarable rent 3 has central AC which Is sunerlor to the sublect. The Indicated monthlv rent for the sublect Is 5600 for 1 bedrooml1 bath units. The total estimated monthlv rental Income Is estimated at $1 200. Total estimated annual rental Income Is 524 000. Rent Schedule: The appraiser must reconcile the applicable indicated monthly market rents to provide an opinion of the market rent for each unit in the subject property. t~Jfi#;~:~?:J~1i_~.:~~~I~1T~q,ll~:sdT.~~:r:;~:,;t~~J;~'~~ ;~:i:~,;}t;. :'~4 e:Ij~~t;~~Jr-!l~'.:?~~~;~~~~~f}~~a.IJ~~fritS1!:;~:t?~~"?';:}:~~}~};,;~~':~Ht:^) ~,~.~:(S~1~}~~;~:~;~r~o>p11\TQit~~:M.~~~,liE;S~~~~;;~:Wf7~if_~ Lease Date Per Unit Total Per Unit Total Unit # Beoin Date End Date Unfurnished Furnished Rents Unfurnished Furnished Rents 1 NIA NIA $ 600 $ $ 600 $ 600 $ $ 600 . 2 NIA NIA 600 600 600 600 3 4 Comment on lease data Total Actual Monthly Rent $ 1.200 Total Gross Monthlv Rent $ 1200 Other Monthlv Income litemize\ $ NIA Other Monthly Income fitemize1 $ 0 T etal Actual Monthly Income $ 1200 T otai Estimated MonthlY Income $ 1200 .. Utilities included in estimated rents 1 Electnc r Water r 1 Sewer rl Gas rloil IXJ Trash collection r 1 Cable r 1 Other Comments on actual or estimated rents and other monthly income ~ncludino oersonal orooertv1 The nresent month Iv rent for the sublect Is 5600 or $1.32 Der SF for the one bedroom units which annears to be at the ton of the market on a ner snuare foot basis but at the low end on a Der unit rental. I rxr did r l did not research the sale or transfer historv of the subiect orooertv and comoarable sales. If not exolain Mv research' 1 did IXJ did not reveal any orior sales or transfers of the subiect croDertv for the three Years Dnor to the effective date of this aCDraisal. Data Source(s Public records RealQuest Mv research 1 did I)(J did not reveal any prior sales or transfers of the comoarable sales for the year prior to the date of sale of the comcarable sale. ~ Data Sourcels Public records RealQuest Recort the results of the research and analvsis of the orior sale or transfer historv of the subiect DroDertv and comnarable sales (recort additional nrior sales on nace 31. ITEM SUBJECT COMPARABLE SALE # 1 COMPARABLE SALE # 2 COMPARABLE SALE # 3 Date of Prior SalefT ransfer 112001 411812005 411612003 411512003 Price of Prior SalefT ranster 1510000 1$147 900 $120 000 15120000 ~ Data Sourcels1 Public records Public records Public records Public records Effective Date of Data Source(s) Januarv 28 2007 Januarv 28 2007 Januarv 28. 2007 Januarv 28 2007 Analysis of Drior sale or transfer historv of the subiect Drocertv and comDarable sales The sublect has been owned bv the Dresent owner for over five vears. Sale 1 was aCDulred In Anrll 2005 for $147 900 as In O.R. Book 18464. DaDe 437. Previous sale occurred In ADrll 2003 for $120000. Sales 2 and 3 Drevlous sales occurred In Aarll 2003 for 5120.000 each. Small Residential Income Property Appraisal Report PO #000357 File # 270059 r {' Freddie Mac Form 72 March 2005 Page 2 of 7 Fannie Mae Form 1025 March 2005 Form 1025 - 'TOTAL for Windows' appraisal software by a la mode, inc. -1-800-ALAMODE IFile No. 2700591 Small Residential Income Property Appraisal Report PO #000357 File # 270059 r There are 15 comparable proDerties currentlv offered for sale in the subject neiohborhood ranoino in Drice from $ 200000 to $ 474000 There are 7 comparable sales in the subject neighborhood w~hln the past twelve months ranoing in sale price from $ 196 000 to $ 385 000 FEATURE I SUBJECT COMPARABLE SALE # 1 COMPARABLE SALE # 2 COMPARABLE SALE # 3 Address 402 NW 12th Ave 201 NW 7th Court 203 SE 4th Ave 207 SE 4th Ave Bovnton Beach Bovnton Beach Bovnton Beach Bovnton Beach Proximity to Subject ~1J;I.~;~~~;"l 0.31 miles 1.05 miles 1.05 miles ~~::~~~~I~s~:~~o, hea : 1 r~:r~M~~~II,"l ~ ~1I Olr~~~:~~! $ Gross Rent Multiplier 125. 145.1 150.77 Price Der Un~ $ $ 103 000 $ 98 00 $ 98 000 Price Der Room $ $ 29 429 $ 32 66 $ 32 667 Price per Bedroom $ $ 68.667 $ 98 000 .. $ 98 00 Rent Control lies No ] Yes IZI No l Yes D<3 No ] Yes IX] No Data Source(s}-' .. Public records RealQuest Public records RealQuest Public records RealQuest Verification Source(s) MLS Realtor deed . MLS Realtor MLS Realtor VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +H Ad"ustment DESCRIPTION '+H Adjustment DESCRIPTION +H Adiustment Sale or Rnancing Conventional Conventional Conventional Concessions. 185400 $156800 $156800 Date of Salemme /21/06 +12.3603/22/06 +9 800 3/22/06 +9 800 Location Urban Urban Urban Urban Leasehold/Fee Simole Fee Slmole Fee Slmore Fee Slmole Fee Slmole Site 2950 SF 8405 SF -54 55010000 SF -705007500 SF View Residential Residential Residential Residential Desion (SMe) Duolex Duo lex Dunlex Dunlex Qualitv of Construction CBS/ava. CBS/ava. CBS/ava. CBS/ava. ~ Actual Age 48 years 41 vears 43 vears 43 vears : Condition Averane Average Averane Averaoe Gross Buildino Area 91 ~ 1 25~ 1.29E . Unit Breakdown Total Bdrms Baths Total Bdrms Baths Total Bdnns Baths : Unit # 1 2 1 1 4 2 1 3 1 1 Un~# 2 2 1 1 3 1 1 3 1 1 . Un~ # 3 UnU4 Basement Description Basement Rnished Rooms Functional Utilitv Heatino/Cooling Enerov Efficient Items Parkino Orv'Off Site PorcM'atiO/Oeck Effective Un~s Sales PricelEffective Un~ 00 -45 500 Total Bdnns 3 1 3 1 1.29E Baths 1 1 r N/A N/A Averaae Unit AC None Street narldna Cov. entrY 1.5 eff. units N/A N/A Averaae Unit AC None On site narklna Cov. natlo 1.75 eff. units 15117.714 N/A N/A Averaae Unit AC None On site oarklng Cov. entrY 1.5 eff. units S130 666 N/A N/A Averaae Unit AC None On site oarklna N/A 1.5 eff. units S130 666 Net Adiustment (TotaO _ r 1+ CKI- $ 42.190 n + IX]- $ 60 700 fl + IX]- $ Adjusted Sale Price Net 20.5 % Net 31.0 % Net 18.2 % of Comparables Gross 32.5 % $ 163810 Gross 41.0 % $ 1 Gross 28.2 % $ AdiustedPricePerUnit 1A~.SPComp/#oICompUnIlsJ $ 6190 $ 67.65 $ 80150 Adiusted Price Per Room (Adj. SP Comp / # 01 Comp Rooms) I $ 23.401 $ 22 55 $ 26.717 Adiusted Price Per Bedrm (AdI. SPComp/#ofCompBedroomsl$ 54 60 $ 676501 $ 80 150 .w,>[~: Value per Un~ $ 80000 X 2 Units = $ 1600001 Value ner GBA $ 166 X 910 GBA = $ 151.060 Value ner Rm. $ 30.000 X 4 Rooms = $ 120 0001 Value per Bdnns. $ 75 000 X 2 Bdnns. = $ 150 000 SummarY of Sales Comoarison Approach includina reconciliation of the above indicators of value. Price Der effective unit ranaes from $106 000 to I S130 666. Market Indicates 1.5 eff. units ill $120 000 " $160 000. 35 700 1 300 All sales were adlusted downward for difference In lot size at $10/SF. Market value should fall near the middle of the adiusted range. Indicated Value bv Sales Comparison AODroach $ 165 000 Total aross monthlv rent $ 1 200 X aross rent multiolier GRM 145 = $ 174 000 Indicated value bv the Income Aooroach Comments on income approach includino reconciliation of the GRM The GRMs ranae from 125 to 150. Most weight was aiven to sales 2 & 3 as thev . are most similar to the subject. Indicated Value by: Sales Comparison Approach $ 165 000 Income Approach $ 174 000 Cost Approach (If developed) $ The Sales ComDarlson Annroach Is nlven the most weight In the final analvsls as It reflects the current demand for oronertles In the subiect area. The Income annroach Is SUDDortlve. r This appraisal is made IZI "as is". 0 subject to completion per plans and specifications on the basis of a hypothetical condition that the improvements have been . completed. 0 subject to the fallOwing repairs or a~erations on the basis of a hypothetical condition that the repairs or a~erations have been completed. or' 0 subject to the , followina reouired inspection based on the extraordinary assumption that the cond~ion or deficiencv does not require a~eration or repair. Based on a complete visual Inspection of the Interior and exterior areas of the subject property, defined scope oi work, statement of assumptions and limiting conditions, and appraiser's certification, my (our) opinion of the market value, as defined, of the real property that Is the subjeci of this report Is $ 170.000 as of January 26 2007 . which Is the date of InsDectlon and the effective date of this aDDralsal. Freddie Mac Form 72 March 2005 Page 3 of 7 Fannie Mae Form 1025 March 2005 Farm 1025 - 'TOTAL for Windows' appraisal software by a la mode, inc. -1-800-ALAMODE IFile No 2700591 r In the Sales Comoarlson Aooroach. sales of comoarable prolects were found and comoared to the sublect on a orlce-oer-unlt I DeNldlusted-unlt (effective unitl basis and a Drlce Der square foot of livlno area. The adlusted unit calculation formula Is as follows: EffIclencv/Studlo .50 Unit 1 Bedrooml1 Bath .75 Unit 1 Bedroom/1.5 Bath .90 Unit 2 Bedrooml1 Bath 1.00 Units 2 Bedrooml1.5 Bath 1.15 Units 2 Bedroom/2 Bath 1.25 Units 3 Bedrooml1 Bath 1.25 Units 3 Bedrooml1.5 Bath 1.40 Units 3 Bedroom/2 Bath 1.50 Units 3 Bedroom/2.5 Bath 1.60 Units 3 Bedrooml3 Bath 1.75 Units 4 Bedrooml2 Bath 1.75 Units The effective unit calculation for the sublect is as follows: (2) one bedroom/one bath aoartments @ .75 each = 1.50 eff. units. . . . . ii1U:j;~~1;;f.~?~r.::\iI:~;Wt!;fj~F1;:7?<\)t;i~'.~i:'.:;'X>\CQS'fAPP~!CfI:rq)/AJ:..O~ {iiPfrjq!ilfei:i.IiY;r::~iiil1e.M8e)~~,:f;,~,i!ti\:i7J,f?;'~~;fi~;':~.~'~";/;::~'f.'Y~f.':5;"':i.~:?:'ir:\~;:;~ Provide adequate information for the lender/client to reolicate the below cost figures and calculations. Support for the opinion of sUe value {summarv of comparable land sales or other methods for estimating sUe valuel Not aDDilcable ESTIMATED n REPRODUCTION OR n REPLACEMENT COST NEW OPINION OF SITE VALUE ............................................. b_........hnh,..... =$ . Source of cost data DWElliNG Sa.Ft.@$ ........Un_ =$ Qualitv ratina from cost service Effective date of cost data Sq.Ft.@$ ...._un =$ Comments on Cost Approach (gross Iivino area calculations depreciation. etc.) u..____. -$ Garane/Carport SQ.Ft.@$ "''''''hO_ =$ . Total Estimate of Cost.New =$ ...~._.__n.. Less Phvsical I Functional 1 Extemal Deoreciation I 1 =$( Oeoreciated Cost of Improvements .....n__.nO_......_.n___.....___.............. =$ 'As-is' Value of SUe Improvements ____n.......h___...........n.. ................ -$ Estimated Remaining Economic Llfe IHUD and VA onlvl Years INDICATED VALUE BY COST APPROACH ............................................. =$ :~~,~\~~~Rri;f{twAl~;~~}rJlaRr..f~:11J5:~:qr~t~~,:~~~:~~~11~Yra::~:~LpR&"E~rIN.Fj5.~1iQN:.f9~iff._Ji~tJej~0t:f;~~{t~:.;~~~~~}~;.Zj~~jf.\j~~~~~rJg;~~Z~~:~:~::~\~r~;~t!~4;W~ts~~;}~f~~ Is the developerlbuilder in control of the Homeowners' Association (HOAI? 1 1 Yes 1 -' No Unit type(sl rl Detached r l Attached Provide the lonowina information for PUDs ONLY n the develooerlbuilder is in control of the HOA and the sublect orooertv is an attached dwellina unit. Leoal Name of Project . Total number of phases Total number of units Total number of units sold Total number of units rented Total number of units for sale Data source(s) Was the orolect created by the conversion of existina buildina{sl into a PUD? LJ Yes fl No It Yes, date of conversion. . Does the oroiect contain any muiti-dwellino units? fl Yes 1 I No Data Souroe Are the units common elements, and recreation facilities comolete? [J Yes [J No It No descrtbe the status of completion. . Are the common elements leased to or bv the Homeowners' Association? 1 I Yes 1 J No It Yes descrtbe the rental terms and options. Descrtbe common elements and recreational facilities. Small Residential Income Property Appraisal Report PO #000357 File # 270059 r r Freddie Mac Form 72 March 2005 Page 4 of 7 Fannie Mae Form 1025 March 2005 Form 1025 - 'TOTAL for Windows' appraisal software by a la mode, inc. -1-800-ALAMODE [File No 2700591 Small Residential Income Property Appraisal Report PO #000357 File # 270059 r This report form Is designed to report an appraisal of a two- to four-unit property, including a two- to four-unit property in a planned unit development (PUD). A two- to four-unit property located In either a condominium or cooperative project requires the appraiser to inspect the project and complete the project Information section of the Individual Condominium Unit Appraisal Report or the Individual Cooperative Interest Appraisal Report and attach it as an addendum to this report. This appraisal report is subject to the following scope of work, Intended use, Intended user, definition of market value. statement of assumptions and limiting conditions, and certifications. Modifications. additions. or deletions to the intended use, intended user, definition of market value. or assumptions and limiting conditions are not permitted. The appraiser may expand the scope of work to include any additional research or analysis necessary based on the complexity of this appraisal assignment. Modifications or deletions to the certifications are also not permitted. However, additional certifications that do not constitute material alterations to this appraisal report, such as those required by law or those related to the appraiser's continuing education or membership In an appraisal organization, are permitted. SCOPE OF WORK: The scope of work for this appraisal is defined by the complexity of this appraisal assignment and the reporting requirements of this appraisal report form, including the following definition of market value, statement of assumptions and limiting conditions, and certifications. The appraiser must, at a minimum: (1) pertorm a complete visual Inspection of the interior and exterior areas of. the subject property, (2) Inspect the neighborhood, (3) inspect each of the comparable sales from. at least the street, (4) research, verify, and analyze data from reliable pUblic amI/or private sources, and (5) report his or. her analysis, opinions, and conclusions in this appraisal report. INTENDED USE: The intended use of this appraisal report is for the lender/client to evaluate the property that is the subject of this appraisal for a mortgage finance transaction. INTENDED USER: The intended user of this appraisal report is the lender/client. 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: (1) buyer and seller are typically motivated; (2) both parties are well Informed or well advised, and each acting in what he or she considers his or her 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. r * 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 judgment. STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraiser's certification In this report is subject to the following assumptions and limiting 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, except for information that he or she became aware of during the research involved in pertorming this appraisal. The appraiser assumes that the title Is good and marketable and will not render any opinions about the title. 2. The appraiser has provided a sketch In this appraisal report to show the approximate dimensions of the improvements, including each of the units. The sketch Is Included only to assist the reader 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 this appraisal report whether any portion of 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, or as otherwise required by law. 5. The appraiser has noted in this appraisal report any adverse conditions (such as needed repairs, deterioration, 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 research Involved in pertormlng this appraisal. Unless otherwise stated in this appraisal report, the appraiser has no knowledge of any hidden or unapparent physical deficiencies or adverse conditions of the property (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) that would make the property less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied. 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, this appraisal report must not be considered as an environmental assessment of the property. r 6. 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 the completion, repairs, or alterations of the subject property will be pertormed In a prOfessional manner. Freddie Mac Form 72 March 2005 Page 5 of7 Fannie Mae Form 1025 March 2005 Form 1025 - 'TOTAL for Windows' appraisal software by a la mode. inc. - 1-800-ALAMOOE !File No. 2700591 Small Residential Income Property Appraisal Report PO #000357 File # 270059 APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: r 1. I have, at a minimum, developed and reported this appraisal In accordance with the scope of work requirements stated in this appraisal report. 2. I perlormed a complete visual inspection of the Interior and exterior areas of the subject property, including all units. I reported the condition of the Improvements In factual, specific terms. I identified and reported the physical deficiencies that could affect the livability, soundness, or structural Integrity of the property. 3. I perlormed this appraisal In accordance with the requirements of 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 at the time this appraisal report was prepared. 4. I developed my opinion of the market value of .the real property that Is the subject of this report based on the sales comparison and Income approaches to value. I have adequate market data to develop reliable sales comparison and income approaches to value for this appraisal assignment. I further certify that I considered the cost approach to value but did no! develop It, unless otherwise Indicated In this report. 5. I researched, verified, analyzed, and reported on any current agreement for sale for the subject property, any offering for sale of the SUbject property in the twelve months prior to the effective date of this appraisal, and the prior sales of the subject property for a minimum of three years prior to the effective date of this appraisal, unless otherwise indicated In this report. 6. I researched, verified, analyzed, and reported on the prior sales of the comparable sales for a minimum of one year prior to the date of. sale of the comparable sale, unless otherwise Indicated in this report. 7. I selected and used comparable sales that are locationally, physically, and functionally the most similar to the subject property. 8. I have not used comparable sales that were the result of combining a land sale with the contract purchase price of a home that has been built or will be built on the land. 9. I have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the sublect property and the comparable sales. 10. I verified, from a disinterested source, all information In this report that was provided by parties who have a financial Interest in the sale or financing of the subject property. 11. I have knowledge and experience in appraising this type of property In this market area. r 12. I am aware of, and have access to, the necessary and appropriate public and private data sources, such as multiple listing services, tax assessment records, pUblic land records and other such data sources for the area in which the property is located. 13. I obtained the information, estimates, and opinions fumlshed by other parties and expressed in this appraisal report from reliable sources that I believe to be true and correct. 14. I have taken into consideration the factors that have an Impact on value with respect to the subject neighborhood, SUbject property, and the proximity of the subject property to adverse influences In the development of my opinion of market value. I have noted in this appraisal report any adverse conditions (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) observed during the Inspection of the subject property or that I became aware of during the research involved in perlorming this appraisal. I have considered these adverse conditions in my analysis of the property value, and have reported on the effect of the conditions on the value and marketability of the subject property. 15. I have not knowingly withheld any significant Information from this appraisal report and, to the best of my knowledge. all statements and Information In this appraisal report are true and correct. 16. I stated in this appraisal report my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the assumptions and limiting conditions in this appraisal report. 17. I have no present or prospective interest In the property that is the subject of 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 opinion of market value in this appraisal report on the race, color, religion, sex, age, marital status, 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 or on any other basis prohibited by law. 18. My employment and/or compensation for perlormlng this appraisal or any future or anticipated appraisals was not conditioned on any agreement or understanding, written or otherwise, that I would report (or present analysis supporting) a predetermined specific value, a predetermined minimum value, a range or direction in value, a value that favors the cause of any party, or the attainment of a specific result or occurrence of a specific subsequent event (such as approval of a pending mortgage loan application). r' 19. I personally prepared all conclusions and opinions about the real estate that were set forth In this appraisal report. If I relied on significant real property appraisal assistance from any Individual or individuals In the perlormance of this appraisal or the preparation of this appraisal report, I have named such Individual(s) and disclosed the specific tasks perlormed in this appraisal report. I certify that any individual so named is qualified to perlorm the tasks. I have not authorized anyone to make a change to any item in this appraisal report; therefore, any change made to this appraisal is unauthorized and I will take no responsibility for It. 20. I Identified the lender/Client In this appraisal report who is the individual, organization. or agent for the organization that ordered and will receive this appraisal report. Freddie Mac Form 72 March 2005 Page 6 of 7 Fannie Mae Form 1025 March 2005 Form 1025 - 'TOTAL for Windows' appraisal software by a la mode, Inc. -1-800-ALAMODE IFlle No 2700591 Small Residential Income Property Appraisal Report PO #000357 Ale # 270059 21. The lender/client may disclose or distribute this appraisal report to: the borrower; another lender at the request of the borrower; the mortgagee or its successors and assigns; mortgage insurers; govemment sponsored enterprises; other secondary market participants; data collection or reporting services; professional appraisal organizations; any department, agency, or Instrumentality of the United States; and any state, the District of Columbia, or other jurisdictions; without having to obtain the appraiser's or supervisory appraiser's (if applicable) consent. Such consent must be obtained before this appraisal report may be disclosed or distributed to any other party (including, but not limited to, the public through advertising, public relations, news, sales, or other media). r- 22. I am aware that any disclosure or distribution of this appraisal report by me or the lender/Client may be subject to certain laws and regulations. Further, I am also SUbject to the provisions of the Uniform Standards of Professional Appraisal Practice that pertain to disclosure or distribution by me. 23. The borrower, another lender at the request of the borrower. the mortgagee or its successors and assigns, mortgage insurers, govemment sponsored enterprises, and other secondary market participants may rely on this appraisal report as part of any mortgage finance transaction that involves anyone or more of these parties. 24. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as If a paper version of this appraisal report were. delivered containing my original hand written signature. 25. Any Intentional or negligent misrepresentation(s) contained In this appraisal report may result in civil liability and/or criminal penalties Including. but not limited to, fine or Imprisonment or both under the provisions of Title 18, United States Code, Section 1001, et seq., or similar state laws. SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that: 1. I directly supervised the appraiser for this appraisal assignment, have read the appraisal report, and agree with the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 2. I accept full responsibility for the contents of this appraisal report including, but not limited to, the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 3. The appraiser identified in this appraisal report Is either a sub-contractor or an employee of the supervisory appraiser (or the appraisal firm), is qualified to perform this appraisal, and is acceptable to perform this appraisal under the applicable state law. 4. This appraisal report complies 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 at the time this appraisal report was prepared. r 5. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand . ture. Signature Name thl Company Nam Anderson & Carr, Inc. Company Address 521 S. Olive Ave. West Palm Beach, FL 33401 Telephone Number (561) 833-1661 Email Addresscbennett@andersoncarr.com Date of Signature and Report February 1, 2007 Effective Date of Appraisal January 26, 2007 State Certification # St. Cert. Res. REA RD4014 or State License # or Other (describe) State # State FL Expiration Date of Certification or License 11/30/2008 ADDRESS OF PROPERTY APPRAISED 402 NW 12th Ave Boynton Beach, FL 33435-3097 APPRAISED VALUE OF SUBJECT PROPERTY $ 170,000 r' LENDER/CLIENT Name Vivian Brooks. Planning Director Company Name Boynton Beach CRA Company Address 9155. Federal Highway, Boynton Beach, FL 33435 Email AddreSsBrooksVl@CI.bovnton-beach.f1.us Freddie Mac Form 72 March 2005 Name Robert B. Bant ng, Company Name Anderson & Carr, Inc. Company Address 521 S. Olive Ave. West Palm Beach, FL 33401 Telephone Number (561) 833-1881 Email AddreSSrbantlng@andersoncarr.com Date of Signature February 1, 2007 State Certification # St. Cert. Gen. REA RZ4 or State License # State FL Expiration Date of Certification or License 11/30/2006 SUBJECT PROPERTY 181 Did not inspect subject property o Did inspect exterior of subject property from street Date of Inspection o Did inspect interior and exterior of subject property Date of Inspection COMPARABLE SALES 181 Did not inspect exterior of comparable sales from street o Old Inspect exterior of comparable sales from street Date of Inspection Page 7 of 7 Fannie Mae Form 1025 March 2005 Form 1025 - 'TOTAL for Windows' appraisal software by a la mode, inc. - 1-800.ALAMOOE FEATURE SUBJECT COMPARABLE SALE #4 Address 402 NW 12th Ave 807 NE 3rd Street BoYnton Beach Bovnton Beach Proximity to Subject ;li1lI~':i;%'~t\lt:'~ti 0.60 miles Sale Price $ N/At':Zt1ii;'f!~\';l~B~f, $ Sale Price/Gross Bldo. Area $ so.ft $ 109.28 Gross Monthly Rent $ 1 200 $ Gross Rent Mu~iDlier Price per Unit Price per Room Price per Bedroom Rent Control Data Source(s) Verification Source(s) VALUE ADJUSTMENTS Sale or Financing Concessions Date of Sale/Time Location Leasehold/Fee Simple ~ Site View Desion (SMe) . Quality of Construction : Actual Aoe Condition . Gross Building Area Unit Breakdown Unit # 1 Unit # 2 Unit # 3 Unit # 4 Basement Descriotion Basement Finished Rooms Functional Utility Heating/Coolino Enemv Efficient ~ems Parking On/Off Site Porch/PatiolDeck Effective Units Sales PricelEffective Unit r' r !File No. 2700591 Small Residential Income Property Appraisal Report COMPARABLE SALE # 5 PO #000357 File # 270059 COMPARABLE SALE # 6 N 0.15 miles 212000 . '.~-'J..$~J~V~ $ $ so. $ ~f~f4i~!t$~"~l'i;il $ $ SQ.ft. $ $ $ 106000 $ $ 26500 $ $ 53000 lies No l Yes IX] No . Public records RealQuest MLS OwnerlRealtor deed DESCRIPTION DESCRIPTION +H Adiustment Private finance 175 000 12/8/06 . Urban Urban Fee Slmale Fee Slmale 2950 SF 7.300 SF Residential Residential Dunlex Dunlex CBS/ava. CBS/avn. 48veaB 34veaB Averaae Below averaae 91C 1 94[ Baths Total Bdnns Baths 1 4 2 1 1 4 2 1 $ $ $ l Yes IX1 No Ii;,,,. $ $ $ lYesilNo +H Adjustment DESCRIPTION DESCRIPTION +(-) Adiustment -43 500 +15000 Total Bdnns 2 1 2 1 Total Bdnns Baths Total Bdnns Baths N/A N/A Averaoe N/A N/A Averaae Unit AC None On site narklnn COy. entrY 2 efl. units 5106.000 Unit AC None Street aarklna Cov. entry 1.5 efl. units Net Adjustment lTotall r l+ rxI- $ 28500 i l+ 1- $ I 1+ I 1_ $ Adjusted Sale Price Net 13.4 % Net % Net % of Comparables Gross 27.6 % $ 183 0 Gross % $ Gross % $ Adiusted Price Per Unit (A~.5I'Comp/"o1CompUnb) $ 91750( $ r.ii"'4'j~< $ Adjusted Price Per Room (A~. SP Comp 1# 01 Camp Room.) $ 22 938 $ ~~ $ Adjusted Price Per Bedrm (All 51' Comp/" o1Comp 8,droom. $ 45 875 $ "'"~ $ Report the resu~s of the research and analysis of the > rior sale or transfer historY of the subject proDertv and com arable sales (report additional Drior sales on Daoe 3). ITEM SUBJECT COMPARABLE SALE # 4 COMPARABLE SALE # 5 COMPARABLE SALE # 6 Date of Prior Sale/Transfer 1/2001 11/05 Price of Prior Sale/Transfer 1510 000 5200 000 . Data Source(s) Public records Public records Effective Date of Data Source(s) .January 28 2007 January 28 2007 Anaivsis of Drior sale or transfer histolY of the sublect orooertv and comoarable sales Sale 4 arevlous sale occurred in 11/05 for $200 000. The dualex was being renovated bv the current purchaser la contractorl when the pro_rtv owner died. The current nronertv owner aurchased the aro....rtv from the estate with the sales nrlce reflectlna the unfinished condition. It was not leased at the time of sale due to the uninhabitable condition of the Imarovements as f1oorlna. aaollances and aalntl"a was needed aer current owner. Analysis/Comments r' Freddie Mac Form 72 March 2005 Fannie Mae Form 1025 March 2005 Form 1 025. (AC) - 'TOTAL for Windows' appraisal software by a la mode, Inc. -1.800.ALAMODE Borrowe[/Client Client: Bovnton Beach CRA Pronertv Address 402 NW 12th Ave Citv Bovnton Beach Countv Palm Beach State FL ZiD Code 33435-3097 Lender Bovnton Beach CRA Supplemental Addendum !File No. 2700591 File No 270059 ,.... Purpose of Report: The purpose of this summary appraisal report is to estimate the market value, fee simple estate, of the subject property as of January 26,2007. Intended Use/User of the Report: The intended use of this report is to provide the client, Boynton Beach CRA. with a supportable estimate of value for the subject property which can be utilized for possible acquisition purposes. This appraisal report may not be suitable for other purposes. Client Disclosure: This summary appraisal report has been prepared for Boynton Beach CRA and/or assigns. Use of this report by others is not ihtended by the appraiser. Scope of Assignment: The traditional appraisal approaches include the cost approach, the sales comparison approach, and the income capitalization approach. We have considered all three approaches in this assignment, and applied the income and sales comparison approaches in our valuation. f' The cost approach is based on the principle of substitution, I.e. a buyer would pay no more for a property than the cost of acquiring a like site and constructing improvements with the same utility. This approach is most applicable when improvements are new and represent the highest and best use of the property and for special purpose properties when no comparisons are available. The older the improvements, however, the less reliable the approach becomes, due to the difficulty in estimating and supporting depreciation for older improvements. According to Palm beach County Property Appraisers Office, the subject was originally constructed in 1959. However, the cost approach has been utilized. It is the appraisers' view that an investor in the case of the subject would not make his investment decision based on a cost analysis. Depreciation is difficult to isolate and quantify in older buildings and this limits the reliability of the cost approach. The appraisers have relied on the income capitalization and sales comparison approaches in valuing the subject property, which they believe a prudent investor would as well. In the process of gathering data for the sales comparison approach to value, we conducted a search of our appraisal files and public information services such as the Palm Beach County Property Appraisers public access system and the Palm Beach County Clerks Office, as well as subscription based information sources such as CoStarComps.com and RealQuesl.com for comparable sales in the relevant market area. We searched for the most similar sales to the subject property. The sales ultimately selected for further analysis were the best comparable sales we were able to find in the West Palm Beach market. We obtained and verified additional information on the comparable properties with a party to the transaction, or a broker or agent of the parties when possible. Rental data was gathered through the use of online services such as MLS and Loopnet as well as a search of the local market around the subject and a review of this office's past appraisal files. We inspected the interior and exterior of the subject property and the exterior of the com parables. Physical data pertaining to the subject property was obtained from personal inspection of the interior and exterior, site and partial building plans, and public information sources. We make no warranty as to the authenticity and reliability of representations made by those with whom we verified sales, rental and other information. We have taken due care in attempting to verify the data utilized in this analysis. We based our analysis and conclusions on overall patterns rather than on specific representations. This appraisal is presented in a summary report. r- Form TAOO - 'TOTAL for Windows' appraisal software by a la mode, inc. -1-800-ALAMOOE Borrower/Client Client: Bovnton Beach CRA Property Address 402 NW 12th Ave City Boynton Beach COUnlv Palm Beach State FL Zip Code 33435-3097 Lender Bovnton Beach CRA Supplemental Addendum IFile No. 2700591 File No 270059 r Sales History: A title search for the subject property has not been provided and this appraiser has not ordered or performed one. The research that has been conducted (in house computer search of the Palm Beach County public records through First American Real Estates Solutions and Win2Data indicated that the subject property has not sold or changed hands in the open market within the past five years. The subject was purchased in January, 2001 for $10,000 as in O.R. Book 12283, Page 0840. Since that time, the owner stated that she spent $40,000 improving the property. 2006 Assessed Value and Taxes: The subject property has been assessed by the Palm Beach County Tax Assessor's office for a total value of $70,590 with $46,578 attributed to the improvements and $24,012 attributed to the site, indicating a total tax liability of $1 ,754. The taxes have been paid. Home and Mpld Inspection Recommended: 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 cannot be relied upon to disclose defects or conditions in the property. The appraiser performs an inspection of visible and accessible areas only. Mold may be present in areas the appraiser cannot see. A professional home inspection or environmental inspection is recommended. Structural Assumption: The final value assumes that there are no structural defects in the building. The appraiser reserves the right to amend the appraisal subject to any adverse findings. An inspection by a certified general contractor is recommended. r r-- Form TAnD - 'TOTAL for Windows' appraisal software by a la mode, inc. -l-aOO-ALAMODE IFile No. 2700591 Subject Photos ,...... Borrower/Client Client: Bovnton Beach CRA pronertv Address 402 NW 12th Ave City Boynton Beach County Palm Beach State FL lin Code 33435-3097 Lender Bovnton Beach CRA Subject Front 402 NW 12th Ave r' Subject Rear r Subject Street Form PICPIX.TR - 'TOTAL for Windows' appraisal software by a la mode, inc. - 1-BOO-ALAMODE r Borrower/Client Client: Boynton Beach CRA Prooertv Address 402 NW 12th Aye City Boynton Beach County Palm Beach State FL Zio Code 33435-3097 Lender Bovnton Beach CRA Ander~on & Carr, Inc. Photograph Addendum IFile No. 2700591 Unit A Unit A r Unit A Unit B r Unit B Unit B Form PICSIX - 'TOTAL for Windows' appraisal software by a la mode, inc. -1-aOO-ALAMODE IRle No. 2700591 Comparable Photo Page r BorrowertClient Client: Bovnton Beach CRA Pron;;;;-Address 402 NW 12th Ave Citv Bovnton Beach Countv Palm Beach Slate FL Zin Code 33435-3097 lender Bovnton Beach CRA Comparable 1 201 NW 7th Court r Comparable 2 203 SE 4th Ave r Comparable 3 207 SE 4th Ave Form PICPIX.BR - 'TOTAL for Windows' appraisal software by a la mode, inc. - 1-800-AlAMODE IFile No. 2700591 Comparable Photo Page r Borrower/Client Client: Boynton Beach CRA Prooertv Address 402 NW 12th Ave City Bovnton Beach Countv Palm Beach State FL Zin Code 33435-3097 Lender Bovnton Beach CRA Comparable 4 807 NE 3rd Street r r Form PICPIX.BR - 'TOT AL for Windows' appraisal software by a la mode, inc. - 1.800.ALAMODE IAle No. 2700591 Building Sketch (Page - 1) r Borrower/Client Client: Boynton Beach CRA PrODertv Address 402 NW 12th Ave Citv . Boynton Beach Countv Palm Beach State FL Zin Code 33435-3097 Lender Bovnton Beach CRA r..... 13.00' Bedroom Bath Kitchen Dining EntJy living Room ~ ~ ~ Bedroom Bath KitChen Dining EntJy living Room 13.00 Slletdlby~IIV'" Comments: AREA CALCULATIONS SUMMARY LIVING AREA BREAKDOWN Code Description Net Size NetTotals Breakdown Subtotal. GlLAl First Ploor 910.00 910.00 First Ploor 13.00 x 70.00 910.00 Net LIVABLE Area (Rounded) 910 litem (Rounded) 910 r..... Form SKT.BldSkl- 'TOTAL for Windows' appraisal software by a la mode, inc. -1-800-ALAMODE IRle No. 2700591 Plat Map r Borrowe-;!Clienl Client: Bo""ton Beach CRA Pr~Address 402 NW 12th Ave Cilv Bovnton Beach Counlv Palm Beach State FL 7in Code 33435-3097 lender Bovnton Beach CRA 10 200 100 41.&1) 170 410600 :w.s,.o. 1'1 V,'i .2.i 11 .;':,18 r 4(},8.{} 4100 120 130 140 41500 ??oo 0100 01 0 324(Jo 32:2G 31.&1) // <: '<- oo.&IJo 0070 ,~. 4, C.... (I;. \............ t1:\f;' i 1 ".,~ .A,".,re r Form MAP.PLA T - 'TOTAL for Windows' appraisal software by a la mode, inc. - 1-S00-ALAMOOE IRle No. 2700591 Aerial Map r Borrower/Client Client: Bovnton Beach CRA Prooertv Address 402 NW 12th Ave Citv Bovnton Beach Countv Palm Beach State FL ZiD Code 33435-3097 Lender Bovnton Beach CRA r r Form MAP.Site - 'TOTAL for Windows' appraisal sDftware by a la mode, inc. -1-BOO-ALAMODE IFile No. 2700591 Comparable Sales Map r Borrower/Client Client: Bovnton Beach CRA Prooertv Address 402 NW 12th Ave Citv Bovnton Beach Counlv Palm Beach State FL liD Code 33435-3097 Lender Bovnton Beach CRA r r Form MAP.Comp - 'TOTAL for Windows' appraisal software by a la mode, inc. -1-80Q.ALAMODE Borrower/Client Client: Boynton Beach CRA ProDertv Address 402 NW 12th Aye Citv Boynton Beach Countv Palm Beach Stale FL liD Code 33435-3097 Lender Boynton Beach eRA Supplemental Addendum IFile No. 270059/ File No. 270059 r- QUALIFICATIONS OF APPRAISER ROBERT B. BANTING, MAl, SRA PROFESSIONAL DESIGNATIONS - YEAR RECEIVED MAI- Member Appraisal Institute - 1984 SRA - Senior Residential Appraiser. Appraisal Institute - 1977 SRPA - Seninr Real Property Appraiser. Appreisal Institute - 1980 State-Certified Generel Real Estate Appraiser. State of Florida. License No. RZ4 - 1991 EDUCATION AND SPECIAL TRAINING Licensed Real Estate Broker - #3748 - State of Florida Greduate, 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 (AIREA) courses and/or exams: Note: the SREA & AIREA merged in 1991 to form the Appreisallnstitute. SREA R2: SREA 201: SREA: SREA: AIREA IB: SREA 101: AIREA: AIREA: AIREA: AIREA 2-2: AIREA: AIREA: AIREA: Case Study of Single Family Residence Principles of Income Property Appraising Single Family Residence Demonstration Report Income Property Demonstration Report Capitalization Theory and Techniques Introduction to Appraising Real Property Case Studies in Real Estate Valuation Standards of Professional Practice Introduction to Real Estate Investment Analysis Valuation Analysis and Report Writing Comprehensive Examination Litigation Valuation Standards of Professional Practice Part C r A TIENDED 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 Appreisal Reviewing Appraisals Analyzing Commercial Lease Clauses Eminent Domain Trials Tax Considerations in Real Estate Testing ReasonablenesslDiscounted Cash Flow Mortgage Equity Analysis Partnerships & Syndications Hotel and Motel Valuation Adyanced Appraisal Techniques Federal Appraisal Requirements Analytic Uses of Computer in the Appraisal Shop Valuatioo of Leases and Leaseholds Valuation Litigation Mock Trial Residential Construction Frnm 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 consulting assignments including market researc:h. rental studies, feasibility analysis, expert witness testimony, cash flow analysis, settlement conferences, and brokerage covering all types of real estate since 1972. President of Anderson & Carr, Inc., Realtors and Appraisers, established 1947 Past President Palm Beach County Chapter, Society of Real Esta.. Appraisen (SREA) Realtor Member of Ceotral Palm Beach County Association of Realtors Special Master for Palm Beach County Property Appraisal Adjustment Board Qualified as an Expert Witness providing testimony in matters of condemnation, property disputes, bankruptcy cowt, foreclosures, and other issues of real property valuation. Member of Admissions Committee, Appraisal Institute. South Florida Chapter Member of Review and Counseling Committee, Appraisal Institute. South Florida Chapter Approved appraiser for State of Florida, Department of Transportation and Department NannI Resources. Instructor ofseminan, sponsored by the West Palm Beach Board of Real ton. Authored articles for The Palm Beach Post and ~ 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 Residences - All Types Mobile Home Parks Special Purpose Buildings Restaurants Auto Dealerships Vacant Lots. Acreage Apartment Buildings Hotels - Motels Office Buildings Service Stations Golf Courses Residential Projects Cburches Marinas Shopping Centers Leasehold Interests Financial Institutions Easements "'I am currently certified under the continuing education program of the Appraisal Institute." 1'....... Form TADD - 'TOTAL for Windows' appraisal software by a la mode, inc. -1-800-ALAMODE Borrowedclienl Client: Bovnton Beach CRA Pronerlv Address 402 NW 12th Ave e;;;;- Bovnton Beach Countv Palm Beach Slale FL Iin Code 33435-3097 lender Bovnton Beach CRA Supplemental Addendum [File No. 2700591 Rle No 270059 r QUALIFICATIONS OF APPRAISER CYNTHIA A. BENNETT GENERAL INFORMATION Licensed Real Estate Broker - State of Florida State Certified Residential Real Estate Appraiser #RD4014 EDUCATION AND SPECIAL TRAINING Quinnipiac College, 2 years Successfully completed and passed the following courses: AB1: AB2: AB3: AB2: Licensed Residential Appraisal Course 1 - 10/93 Certified Residential Appraisal Course 2 - I 1/93 Certified General Appraisal Course 3 - 12/93 Residential Real Estate Appraisal Techniques - 12/95,5/02 Real Estate Finance - 8/96, 7/02 Seminars: Red Flags: Property Inspection - 6/98 Environmental Considerations - 6/98 Supporting Sales Comparison Grid Adjustments - 3/99 FHA 4150-2 Seminar - 9/00 Small Residential Income Property - 3/02 r' Engaged in research and appraising real estate with Anderson and Carr, Inc, since March of 1994. Resident of Palm Beach County since 1993. TYPES OF PROPERTY APPRAISED Vacant Commercial Land Vacant Residential Land Single Family Residences Residential Condominiums Special Purpose Properties Agricultural Land Acreage Warehouses Professional Office Condominiums Medical Office Condominiums Improved Retail Commercial Apartment Buildings Office Buildings Industrial Buildings Churches r Form T ADD - 'TOTAL for Windows' appraisal software by a la mode, inc. - 1-80Q.ALAMODE Borrower Client Client: Bounton Beach CRA Prooertv Address 402 NW 12th Ave Citv Bovnton Beach Countv Palm Beach State FL Zin Code 33435-3097 lender Boynton Beach CRA Supplemental Addendum IFile No. 2700591 File No 270059 ,.... A. 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 of the Appraisal Institute. B. 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. C. The appraisers have performed within the context of the competency provision of the Uniform Standards of Professional Appraisal Practice. D. 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. E. 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 preparer'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. F. 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. G. ACCEPTANCE OF, AND/OR USE OF THIS APPRAISAL REPORT CONSTITUTES ACCEPTANCE OF THE PRECEDING CONDITIONS. ,. r Form TADD - 'TOTAL lor Windows' appraisal software by a la mode, inc. -1-800-AlAMODE r r ';.:",.i .;:~ ",,\,';'>~'~i . ,i' .~':'r~t~. ",::;/;~":~~,)'..;;_:;:~.'~,::),~\:".:;'di~:,:-,,,~!:';'::,:';';}/f;iL,- "'\. .~: 1+'" .' :~"~~'~~I;;\;:;:~t'_:-.". 07-03-031 RESIDENTIAL APPRAISAL REPORT Date of Valuation 03/15/2007 , Property Address 402 NW 12th Avenue Baytan Beach, FL 33435 See Addendum For Private TABLE OF CONTENTS Small Income ,.... ,.....,.............................,......."............:..,.......,..,........,,....,..,........................,..........., ,...........,............. ,......, .,..,....., ..."... 1 General T ex! Addendum ,.... ....,.., ...........,........,...............,....,... ......... ........,..,..,....,...,..,.., .....,'....., ...........,...........,.....,....,..........,................ 8 BUilding Sketch (Page -1) .........................................,..........,...,..........,...............,..',..............,.,........,............,......................................... 9 Subject Photos ... ........... ...................,... ........ ........ ....... .......... .....,..... ............,.....,..,.....,....... .......,... .....,....... ...........,..,.., ........,.................. 10 Subject Photos .............. ............,......... ,................ ..........,... ..............,..........."............."" ............. ,........... ........... ........., ............... ...... ...... 11 Subject Photos :., .............,.............. ..."... ,..,....,............ ........., ........... .......... ...... ................ .......... ................................ ......,. ......,... ..........., 12 Subject Photos ..,.... .......,............. ..... ............... ...... .....,........... ................. ..........,... ,................,........................ ,.....,........."..........,............ 13 Comparable Photos 1-3 ........,.......,....................,..... ........., .............,............,.....,.....,................ ..............,................"...................,....,....., 14 Location Map ....... ............,.........,....., ,.............. ......,..... ,........." ......,... ....,...,........,..,........ ............, ..........,........................., ......,.....,.......... 15 Flood Map ..........,........,..............".................... ,...,',.........,.......,.....,...........,.............................. ..........................,............... ,.., ......,.,........ 16 .:-;,'!~-.s:,~.:;''.-~'/,;..}.~L ;~>.":.~-~~;'[t1'-;t ..~.,'~-,;)~(:i~'_. ': '~;~:,::>.,;f: _::'~ "'_.:~~. Form TCG_LT - "WlnTDTAL' appraisal software by a la mode, inc. -1-BOQ-ALAMODE ,-.;'~-: '.:-> ',1' . _.. C.R.E.S. Incorporated (954) 394-4943 IRle No 07.03.031' Paoe#ll r The_PUlllose ollhis summary appraisal report Is to provide the lender/cUont with an accurate, and adeoualelv sUDPorted, opinion of the market value 01 the sublecl property. Property Address 402 NW 12th Avenue Cllu Bovlon Beach Stale FL lin Code 33435 Borrower N/A Owner of Public Record lennls L. Gillard & Sherese L, CounlV Palm Beach LeJlal Oescrlnlion See Addendum Assessors Parcel # 08-43-45-21-14-000-4150 TaxVear 2006 R.E. Taxes S 1 753.91 NeighbortJood Name Cherry Hills MaD Reference 45-43-21 Census Tract 61.000 Oc~anl n Owner [XJ Tenanl rl Vacanl Special Assessmenls $ N/A LJ PUD HaAS [J per year 0 per lIlOIlth .. Propertv R1ghls Appraised ~ Fee Slmole I leasehold n Other Idescrlbe) Asslonment Tvne n Purchase Transaction ~ Relinance Transaclion U Other (describe) LenderlCnenl Private Address N/A Is the sub/eel oroDertv currenUv offered lor sale or has II been offered lor sale In the twelve monlllS orlor to the errecllve date 01 this appraisal? LJ Ves 1XI No Report daia source(s) used oHerinD orlce(s), and dalelsl. The sublect DrODerlv has been nDI fisted In the market In the past 12 months. I 0 did 0 did nol analyze the contracllDr sale for the subJecl purchase transacUon. Explain the resulls 01 the ana~sis or the conlract lor sale or why the analysis was ool jl!rlormed. .. Contracl Price $ Date of Contract Is lhe orooertv sener the owner of oubllc record? 0 Yes n No Dale Source(s) Is lhere any linanclal assIstance (loan charges, sele coocBSslons, gill or downpaymenl assistance, etc.) to be paid by any party on beharr ollhe borrower? DYes DNa . "Yes, report Ihe lolal dollar amouol and describe the lIems 10 be paid. Note: Race and the racial composlUon of the neighborhood ere nOlsppra!sal factors. "~i:;';')~', Ne!g~boll1oodCharsctertsj/cs "(.;;h Lf', .":.', .:.,,-, 'HunJltlousn Trends.".""" 'JC;......,: ., 2-411lltltlouslng:,:' , Pre$ent Lana Use ~ ,- location r 1 Urban CXJ Suburban r -, Rural Property Values I llocreasino Slable n Decnnino PRICE AGE Ore.Unit 40 " Buill.Up ~ Over 75" r:J 25-75% LJ Under 25% Demand/Supply U Shortage In Balance LJ Over Supply $ (000) (yrs) 2-4 Unil 40 " . Growth 0 Rapid IZJ Stable r l Slow Markel/no TIme I 1 Under 3 mths 3-6 mlhs JJ Over 6 mlhs 200 Low 48 Mull/.Famllu 5" : NBiphborhood Boundaries The Market area Is bound bv E. Getewav Blvd. INorth N. Federal Hwv. lEast!. 270 Hioh 54 Commercial 10 " SW 23rd Avenue ISouth!. N. Conoress Ave. IWest!. 220 Prell. 55 Other 5% ~ Neighborhood DesCription See Attached Addendum Malkel Conditions Uncludlna SUPPM for the above conclusIons) See Attached Addendum , Dimensions 25' X 102' Area 2 550 SF Shape Rectanoular View Residential SPetltic Zonlno Classlllcal/on R2 Zonino Descripl/on ResIdential Duolex Zorina Compliance ~ leaal LJ legal Nonconforming (Grand lathered Use) U No Zoning [J megal (describe) Is the highest and best use 01 sublecl proOerlv as il11jlraved (or as prooosed per Dlans and ~pecrrrcaUans) the preselll use? ~Yes UNo If No describe Ulllllles pubnc Other (describe) pubnc Other (describe) Off-ollelmprovements - Type Public Private 8ettrlcltv [XJ n Waler ~ rJ Streel Asohalt CXJ n Gas U U Sanitary Sewer [XJ . rl Alley None 0 0 FEMA Special Aood Hazard Area r 1 Yes IZI No FEMA Rood Zooe B FEMA Map # 120196 0004C FEMA Map Date 09/30/1982 Are the ulillties amVor o((-slte Improvements typical for the martcelerea? ~ Yas I:J No II No describe Are there any adverse sUe condilions or external factors (easements, encroaclvnents, envlronmenlal condnlons, land uses elc.)? oVes ~No II Yes describe No apparent edverse or unfavorable easements or encroachment noled. The DrooerlY's Dresent Use is conslslent with Its leoal zonlno. Gradino and dralnaoe are acceptable. Title documents or surveys were not examined. The slle conronns well with the market nelohborhood. ,"'" Oeneral'lle8Cl1Dt!Q/1 :' ;..:+: :~/ : '; 'i'.i'. "":,;:"Foundallon' ii'.... ~,~: 'It:XIlIr or DeSCNJIlIon .".', maWrals conoltJon nte, or. ." : mBlerWs/condlUon Unils ~ Two IJ Tlvee IJ Four I~ Concrele Slab n Crawl Space Foundation Walls N/A Aoorn TilelAveraoe U Accessory Unit (describe below) J Ful Basemenl o Partial Basement Exterior WaDs CBS/Avereoe Walls Drvwall/Averalle # 01 Slortes 1 # of bldgs. Basement Area No Basement sq.ll. Roof Surtace Rolled Slnoles T rirrVRnlsh None ~ Del. fl All n 5-Del./End Unll Basemenl finish N/A 'li Gutters & Downspouts None Bath Fbor Tile/Averaoe Exlstlna 11 ProDased n Under Const. -' Outside Enlry/Exll fl Sump Pump WIndow Type Sino Ie Huno/Avef!lQe Bath Wainscot Tile/Average Design ISMe) Duplex Ranch Evidence of 0 Infeslalion Storm SasMnsulaled None ,:';;, ;0,:'" CarSlorllJle',' ~-.' . Year Bunt 1959 o Dampness o Settlemenl Screens Flbel'QlasslAvera!'le ] None Effective Age (Yrs) 16E ';,: ~ ,C'::,""';."i Hl'atlnJl/Cl!ollng ".' '''', .;: :\', ", "'''>'.;;';'C''.Amen lUes: ,.,-. ,;' ';,...",. IXI Driveway # 01 Gars 2 Cer AI1ic None J fWA IL I HWBB IIX! RadIant Fireolace(s) # 1 Woodslove(sl # Driveway Surface Gravel ] Drop Stair Stairs I Other IFuel Electric Pal/ll'lleck Feoce J Garage # of Cars l Fklor IX Scuttle CooUng fl Central Air Condilloolna Pool IX Porch Cone. ] CarpM # of Cars . J Anlshad Heated I~ individual WU I~ Other Fans Other It I All L I Del. [JBuiff.in /I or AppRances I Relrfgeratcr 2 I Range/Oven 2 I Dishwasher I Disposal Microwave I Washer/Dryer Dther (describe) Unll # 1 cor1alns; 4 Rooms 1 Bedrooms 1 Bath s 451.5 Squara Feet or Gross living Area Uoil # 2 comalns: 4 Rooms 1 Bedrooms 1 Bath s 451.5 Square Feel of Gross living Area Unil /I 3 contains: Rooms Bedrooms Bath s Souare Feel of Gross living Area Unit # 4 conlalns: Roems Bedrooms Bath s Square Feel of Gross living Area MaDonalleatures (specIal enerQV ettlclentllems elc.l. No Enemv efficient ilems found on Drooerlv Describe Ihe corxlillon of the property QocludinQ needed repaIrs deterioralion ranovations remadanno. etc. . There Is OQiunctionel or extemal obsolescence noled and there Is no Dhvslcal deorec/allon to this properly olher lhan aile. The sublect Droperlv Is In avereoe condillon. . Small Residential Income Property Appraisal Report 07-03-031 Flit # 07-03-031 r r freddie Mac Fonn 72 March 2005 Page 1 of 7 Fannie Mae Fonn 1025 March 2005 Form 1025 - 'W1nTOTAl' appraisal software by a Ia made, Inc. - l-BlJO.ALAMDOE IRla No 07-03-0311 Paae #21 r Are 11m any ohvslcal deficiencies or adverse condllions thai aUectthe Iivablilv. soundness, or slruclll1lllnlaorilv 01 the orooertv? Yes IX'I No II Yes, describe. Does the oroPer1y generallY conform to the nelohborhood (funcUonal ulUUv, sMe condlllon, use, conslrucllon elc.l? IX'I Yes rl No II No, describe. . Is the arooer1v swlecl to renl control? nVes 15<1 No If Yes describe The loflowlng properties represenllhe mosl currenl, similar, and proxlmale comparable rental propll1ies to the subject property. This analysts Is inlended 10 support lhe opinion of the market rent lor lhe subject property. FEATURE I SUBJECT COMPARABLE RENTAL # 1 COMPARABLE RENTAL # 2 COMPARABLE RENTAL if 3 Address 402 NW 12th Avenue 115 SE 14th Avenue 407 NW 7th Street 449 NW 1st Avenue Bovlon Beach FL 33435 Bovton Beach FL 33435 Bovlon Beach FL 33426 Bovlon Beech FL 33435 PrOJdmilv 10 Sublecl " 'Y:'-;;:',.,:<X.,Yi;, 1.57 miles SE 0.73 miles SW 0.67 miles S Currenl MonllJv Renl $ 1 300.00 ,~,;:,,' ,c /,;":. . $ 1125 ';~-~\:~'l\~j,k'_~}' ~':.r_ '-:J";: '1$ 1200 :;"1}J'",'r.,,, ." ':<.,1$ 1600 RenVGross Bldo. Area $ 1.44 so.n. ~:i:~.~~.":}~", i"";,; $ 1.36 sall. :X:",_ '-~~;.'-};fpf?\-,'tt' 1$ 0.99 sO.ff, 'i,(.'': A', "JiL '1"<, 1$ 1:14 SO.fi. Renl Control IVes 15<1 No Yes ~ No lVesl5<lNo lVes IX'I No Dala SOllTce(sl Owner Insoectlon FARES MLS Ext. Observation FARES MLS EX!. Observation Owner Insoectlon . Date of Lease(sl Unavallable Unavailable Unavailable Unavailable ~ Location Suburban Suburban Suburban Suburban - Aclual Ace 48N16E 52N17E 61N20E 53N18E CondiUon Avarane Averane Averane Averane Gross BuJldlno Area 90~ 825 1214 1400 Rm Count Size Rm Count Size Monll1ly Rent Rm Counl Size Monthly Renl Rm Counl Size Monlhly Rent .. UnlI Breakdown Sq. FL Sq, FI. Sq. A. Sq. FL Tol Br Ba 903 Tol Br Ba 825 1125 Tol Br Ba 1214 1200 Tot Br Ba 1400 1600 Unit # 1 4 1 1 451,5 4 1 1 412.5 $ 525 4 1 1 607$ 600 4 2 1 800 $ 950 . Unil# 2 4 1 1 451.5 4 1 1 412.5 $ 600 4 1 1 607$ 600 4 1 1 600 $ 650 Unil# 3 $ $ $ Unil# 4 $ $ $ UUUUes Included N/A Ana~sJs of renlal data and support for estimated market rents lor'the Individual subjeclll1lts reported below Qncludlng lhe adequacy 01 the comparables, rental concessions, elcJ All three Comoarable Rentals units are In similar condlUons as the Sublect. The Individuals rental units are also similar to the Sublect's unit deslon condition and anoeal to the market. Rent Schedule: The apPl1liser must reconcile the applicable Indicated monlhly market rents 10 provide an opinion of the market rent for each unllln the subject property. ,;.'!-?'" '''~'''c''','/iLeases' :.....' ';',: :.<.:'", i.',:..;:0T '.- .',,'-Acl\IaJRents" ,.-: -, :::';:-., 'C;;'" '-. "0" . Opinion of Market Rent ',' ': Lease Dale PerUnll Tolal PerUnll Total Unit # Bealn Date End Dale Unfumished Fum/shed Rerls Unfumlshed Furnished Rents 1 0912006 0912007 $ 650.00 $ $ 650 $ 600 $ $ 600 . 2 11/2006 1112007 650.00 650 600 600 3 4 ,Comment on lease dala N/A T olal Aclual Monlhlv Renl $ 1300 Tolal Gross Monthlv Rent $ 1200 Other Monlhlv Income rrtemize $ o Other Mon(tjy Incol119 trtemfzel $ Tolal Actual Monthlv Incol119 $ 1300 Tolaf EsUmated Monthlv Income $ 1200 .. UIIUUes included in esUmated rents n Electric r Waler n- Sewer n Gas noo l5<rTrash conectlon n Cable r Other CommeIlls on aclual or estimated rents and other monthlv Income fincludino oersonaf orocer1v1 No renlal concessions were noted. EsUmated rents based on the above rental comnarable and from renls from comoetlno buildinos In similar market areas and were the best available. estimated rents reflect Increaslno orooertv values and renls in the Sublect nelnhborhood. I f)(j did did not research the sale or transler historv 01 the sub'ecl ortloer1v and comoarable sales. " not. ex1llain Mv research 1 did IX] did not reveal anY orlor sales or trans(ers of the sublect orooertv for the three years orlor 10 the efIeclive dale of lhis aoornisal. Oala Sourcers Owner PUblic Records Mv research 1 did 15<1 did nol reveal env orlor sales or transfers 01 the comoarable sales lor the Yearorlor 10 the dale of sale of the comoarabte sale. ~ Dala Sourcels Public Records MLX Ustfno Aoents. ReDor! the resulls of the research and anaIvsls ollhe Drlor sale or transfer hislOlv of the sublecl Dronertvand comnarable sales (reoort additional orlor sales on oaoe 31, ITEM SUBJECT COMPARABLE SALE # 1 COMPARABLE SALE /I 2 COMPARABLE SALE # 3 Date 01 Prior SalelTranster No Prior sale In 36 months No Prior sale in 12 months No Prior sale In 12 months No Prior sale In 12 months Price of PrIor Sale'Transfer N/A N/A N/A N/A ~ Dala Source sl FARES Public Records FARES Public Records FARES Pubfic Records FARES Public Racords Ellectlve Dale o( Dala Sourcers 03/16/2007 03/16/2007 03/16/2007 03/16/2007 Analvsls 01 Drier sale or transler histolV of Ihe sublecl orooertv and cormarable sales Thera Is no nrior sale for the Sublect Prooertv In the last 36 months. No 'orlor safe for the comnarable sale In the last 12 months. . Small Residential Income Property Appraisal Report 07-03-031 File H 07-03.031 r r Freddie Mac Fonn 72 March 2005 Page 2 of 7 Fannie Mae Fonn 1025 March 2005 Form 1025 - 'WinTOTAl' appraisal software by a la mode. Inc. -l.BOo.ALAMODE IAle No 07-03-0311 Pane #31 r There ere 3 cOllllarable orooertles currenUv offered for sale In lhe sublect nelnhborhood ranoinn lrillrlce from $ 199.000 10$ 259 000 There are 6 cOlIIlarable sales In the subiect nelohborhood wlllin the oast twelve months ranol'" In sale nrlce from $ 200 000 \0$ 270 000 fEATURE I SUBJECT COMPARABLE SAlE # 1 COMPARABLE SALE # 2 COMPARABLE SALE # 3 Address 402 NW 12lh Avenue 519 NW 10th Avenue 201 NW 7th Court 407 NW 7th Street Bovton Beach FL 33435 Bovton Beach FL 33435 Bovton Beach FL 33435 Bovton Beach FL 33426 Proxlmffv to Subiect ';1 ;~;;. V"i~';;::i:~'?n.,;:5':'. 0.15 maes SW 0.31 miles SE 0.73 miles SW Sale Price $ '.' ,j!; $ 225 750 " .-~'-\C;~ '~~.'1;:, :<"_ $ 206 000 i;{.;' . 'J~:.., it~.~;;,''"' j S 200 000 Sale Price/Suss Bldo. Area S Sn:n $ 142.25 so.tt I"'..,..... ;;,:/.'1'" $ 180.07 so.tt ':v<,"',c''', $ 164.74 so.tl. .'/8.',.t'l':i/"', .", Gross Monthlv Rent S 1200 $ 1200 " " S 1400 ' "".".",.. .: S 1200 ,,:;,,~,>,:.{,., Jr' i".:;. Gross Renl Muhinller 18813 ;", \~'<'.J:'~:'! -;"",!..:. 147.14 ",":,/','.' 166.67 .. .,. .'-'+' Price per Unit $ S 112875 t~-f{{.:" ,<':::' ;~~ $ 103000 ...( ,; ~:....-" "~:~ S 100000 :i;-~' -".-;::- :;i,,::';; Price oer Room $ $ 22 575 :'-~I,.. ;-~!:\+'~ $ 25 750 ';,:1':, -:/;,.;q $ 25 000 [." !.......!(..:: Price oer Bedroom $ $ 112875 '.\';', /:l',,~t;{ $ 68 667 ; ;~_. :'.-,.-,,--;,f. :.;, $ 100000 ' i. ~ "''''-''',h Rent Control lYesl'XlNo 1 Yes I'XINo Yes 5<1 No I Yes IS<f No Dala Source Is) '-'. ".>...,~ ;'t~,:J:: r~~'':~f FARES Ext. Observation FARES MLX Ex\. Observation FARES MLX Ex!. Observallon Verlllcallon SourcBiSl I,.. ,t\~::-,.' ';J\,7;~,i':~i,;,/;, VAlUE ADJUSTMENTS DESCRIPTION DESCRIPTION +1-1 Adlustment DESCRlPllON + I-I Adiustmenl DESCRIPTION +1-1 Adlustment Sale or Ananc1ng -,;[~ Conventional Conventional Conventional Concessions 1!I:45150 $185400 Unavailable Date or Sale'l1me OS/2712006 07/27/2006 OS/2006 Locallon Suburban Suburben Suburben Suburban leaseholdJfee Simnle Fee Slmole Fee Simnle Fee Simnle Fee Slmnle Site 2 550 SF 5100 SF -2500 6 700 SF -4 100 11761 SF -9200 View Residential Residential. Residential Residential Oeslnn 1S1V10l Dunlex Ranch Dunlex Ranch Duolex Ranch Dunlex Ranch Quafilli 01 Conslrucllon CBS CBS CBS CBS Actual Ane 48A/16E 52A117E 50A17E 61A120E CondllJon Averane Averane Averaoe Averane Gross Bulldino Area 90 158 -13700 1.14.< 121 -6 200 . Unn Breakdown Tolal Bdrms Balhs Tolal Bdrms Baths Tolal Bdrms Baths Total Bdrms Baths : Unil # 1 4 1 1 5 1 1 4 2 1 -5000 4 1 1 . Unil# 2 4 1 1 5 1 1 4 1 1 4 1 1 . Unil# 3 Unil# 4 Basemant DescrlnUon No Basement No Basement No Basement No Basemenl Basement Flrished Rooms None None None None Functional UUnlli Averaae Averaae Averaoe Averane HeaUnnICoolino Wall Units Wall Urilts Wall Units Wall Units Enemv Elllcillllllems None None None None Parlllnn Oll'otf SlIe Drlvewav Drlvewav o;:h.6wav Drlvewav PorcM'allO/Deck Porches Porches Porches Porches Kitchen E;;'d;;"ment Standard Standard Stendard Standard Pool No Pool No Pool No Pool No Pool Nel AdiustmenllTotall- ..,ji.';:,).c;..'o,:' ~{,_~'rii~~; n+ iXI-- $ -16200 n+ 15<1- $ -9100 IT+ 15<1- $ -15400 Adjusted Sala PrIce '.~;);~' ",ii:t~L Net AdJ. 7.2 % NelAdj. 4.4 % NelAdj, 7.7 % of Comoarables Gross Adi. 7.2 % $ 209 550 Gross Ad!. 4.4 % $ 196 900 Gross Adl. 7.7 % $ 184 600 Adlusted Price Per unn ""--SP Campi "'Com, U~bl- $ 104n5 . "";-:wi'::.:;\?(, ',....-.1,: $ 98 450 ~,~;,'J,\?'~l:,,': ; '~:'~: $ 92 300 ,..i";,? li;>.i~,\' Adlusted Price Per Roorn(A4.SI'Comp/. alCom,Room,) $ 20 955 -i,':~<:~r{~~./~ '"'"",'';'' $ 24613 ..~,.;'"..;A:" S 23 075 k",...'.... ~ ,'< Adlusted Price Per 1ledm11AJ!. &P Ca.../' ,1 Com, Be......, $ 104775 ,,": -~;if.:~<\~,' ":- '!t..~:!;;, $ 85 633 I ,s;i,,,,,':;;,~'j-}-~~~ is 92 300 :';'" :T':';'-;J.<":_:.'-~l': Value 11M Unll S 98 500 X 2 Unils = $ 197 000 Value oar GBA $ 218.17 X 903 GBA - $ 197008 Value oer Rm. S 24 625 X 8 Rooms = $ 197000 Valua oer Bdrms. $ 98 500 X 2 Bdrms. = $ 197.000 Summarv of Sales Comaartson Aooroach InclUdioo reconclllaUon of the above Indicators or value. The sales dala show a ranoe In value from $184 600 to 1$209 550. Rounded thev should nive a nood Indicator of the Sub eet current market value. Indicated Value hv Sales Comnarison AODroach $ 197 000 T olal oross monlhiv rani $ 1200 X moss rem mulliolier GRM 162.00 =$ 194400 Indicated value bv Ihe Income ApDroach . Commenls on Income annroach InckJdloo reconcUlation of Ihe GRM The GRM was derived from the nrevallinn market rent In the area. A ranae of 147.14 to 188.13 was derived. The center tandencvwas used to reflecl balance of markel data. Indicated Valua by: Sales Comparison ADoroech S 197 000 Income Approach $ 194400 Cost Approach (If develOPed) $ In the oolnlon of the an';raiser the Sales Comnarlson Al'lnroach to Value suonorted bv Income al'lDroach olve an accurate eclual market velue of thE sub1ecl nrooerlv. Cost Annroach Is not Ionne renulred bv Fannie Mae end no recommended for nronertles 10 vears and older. See Addendum for disclosure. . This appraisal is made 181 "as Is", 0 subjoct to completion per plans and speclllcaUons on the basis or a hypothelical cOndlUon thai HIe Improvements have been . compleled, 0 subjeclto the foHowing repairs or aheraUons on the basis of B hypothelical condition that the repairs or aherallons have been completed, or 0 subjecllo the . 10Howlno reoulred inSoecUon based on the extraordinarY assumnlion thellhe condition or deficlencv does not reculre aheration or reoair. See Addenda. I Based on e comprete vlsualln9jle,"on of lheTnterlor end exterior ereas Oflhe subject property, delliied scope of work, stalement of essumpllons and Iimllfng conditione, end appraiser's certlflcetlon, my (our) opinion of lhe market value, as defined, 01 the real property that Is the subject of this report is S 197,000 es 01 03/16/2007 which Is the date aflnsoectlon and the effective date of this aooralsal. Small Residential Income Property Appraisal Report 07-03-031 File # 07-03.031 r r Freddie Mac Fonn 72 March 2005 Page 3 of 7 Fannie Mae Fonn 1025 March 2005 Form 1025 - 'WinTOTAL' appraisal soltware by a Ie mode. inc. -1-601l-AlAMOOE IRle No 07-03-O~11 P~oe #41 r N/A I . . . . I " ,.'", '-d ",' , , " , ' ,': , <" 'j. CO~APPROAOil TO VAWE (nol reaulni~ b~ Fannie Mae) "'.' """ Provide adeouate information lor the lender/client to repUcale the below cosl fioures and calculations. SuPPort tpr the opinion 01 sne value (summary of comparable land sales 0( olher methods lor estimatino sne value) ESTIMATED rl REPROOUCTlON OR [J REPLACEMENT COST NEW OPIMON OF SITE VALUE ......"".."".......",."......""......",,,,.............,,,,. _$ Source 01 cost data DWEWNG Sa.FL @ $ .......-.... ..$ Qualitv ratioo from cosl service Effective dale of cost dala So.Ft (ci) $ ............. =$ Commenls on Cosl Anoroach (DIOSS living area calculalions, depreciation, etc.l ............. =$ GaraaelCaroort SaR @ $ ............. ..$ . Tolal Estimate 01 Cost-New =$ ............. Less Physical I Functional IExtemal Depreciation I I =$( Depreciated Cost of Improvements ""......"".."",,,,,,,......,,,,"',,..,,,,,... =$ 'As-Is" Value of Site Improvemenls """,.....,..,..."...""...""'..",,,,,..,,,,, =$ Esllmaled Remainlno EconomIc Lile (HUD and VA only) Years lNotCATED VALUE BY COST APPRDACH .........""",.."...."..",....."....... =$ :.':-:~d:~;"~};; "L;;' ,,;': ' " <. '<';;.{, ":i,.",,0:7'2.; i'iPAOJECl"I!:IFOIlMATlONFORl'UDe'(If applicable) , ;, ,"'''':,:,' " . , :', .,,', Is the develoosrlbullder In control of Ihe Homeowners' Associallon (HOAI? LJ Yes n No Unlllvoe(s) n Detached n Attached Provide the folowlno inloonation for PUDs ONLY if the developerlbuitder Is In control of the HOA and the sublect prooertv is an aUached dweiino unit. leoat Name 01 Pro ect . Totall1llllber cr ohases Total number of units Total number or units sold Tolal number of units rented Total number of unils for sale Data sourca(s) Was the orolect crealed bv the conversion of ex/sling buUdlng(sl Inlo a PUD? r 1 Yes r 1 No If Yes date pf conversion. ~ Does the proiect contain anv muttl-dweifino units? [J Yes [J Na Data Source Are (he unlls, comman elements, and recreation facilities complele? n Yes r 1 Na II Na, describe the stalus ot colTllieUon. . Are the commD/1 elements leased 10 or by the Homeowners' Association? n Yes n No II Yes, describe tha rental terms and oolfons. . Describe common elements and recreatianal facilities. Small Residential Income Property Appraisal Report 07-03.031 FlleH 07-03-031 r- r Freddie Mac Form 72 March 2005 Page 4 017 Fannie Mae Form 1025 March 2005 Form 1025 - "W1nTOTAL' appraisal software by a Ia mode, Inc. -1-aOQ.ALAMODE IFile No. 07-Q3-031I P.oe #51 Small Residential Income Property Appraisal Report 07-03-031 FU. H 07-03-031 (" This report form is designed to report an appraisal of a two- to four-unit property, Including a two- to four-unit property In a planned unit development (PUD). A two- to four-unit property located in either a condominium or cooperative project requires the appraiser to inspect the project and complete the project information section of the Individual Condominium Unit Appraisal Report or the Individual Cooperative Interest Appraisal Report and attach it as an addendum to this report. This appraisal report Is subject to the following scope of work, Intended use, Intended user, definition of market value, statement of assumptions and limiting conditions, and certifications. Modifications, additions, or deletions to the intended use, intended user, definition of market value, or assumptions and limiting conditions are not permitted. The appraiser may expand the scope of work to include any additional research or analysis necessary based on the complexfty of this appraisal assignment. Modifications or deletions to the certifications are also not permitted. However, additional certifications that do not constitute material alterations to this appraisal report, such as those required by law or those related to the appraiser's continuing education or membership in an appraisal organization, are permitted. SCOPE OF WORK: The scope of work for this appraisal is defined by the complexity of this appraisal assignment and the reporting requirements of this appraisal report form, Including the following definition of market value, statement of assumptions and limiting conditions, and certifications. The appraiser must, at a minimum: (1) perform a complete visual . inspection of the Interior and exterior areas of the subJect property, (2) Inspect the neighborhood, (3) inspect each of the comparable sales from at least the street, (4) research, verify, and analyze data from reliable public and/or private sources, and (5) report :hls or her analysis, opinions, and conclusions in this appraisal report. INTENDED USE: The Intended use of this appraisal report Is for the lender/Client to evaluate the property that is the subject of this appraisal for a mortgage finance transaction. INTENDED USER: The intended user of this appraisal report Is the lender/client. 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: (1) buyer and seller are typically motivated; (2) both parties are well Informed or well advised, and each acting in what he or she considers. his or her 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. r "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 judgment. STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraiser's certification In this report Is subject to the following assurnptions and limiting 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, except for information that he or she became aware of during the research involved in performing this appraisal. The appraiser assumes that the title Is good and marketable and will not render any opinions about the title. 2. The appraiser has provided a sketch in this appraisal report to show the approximate dimensions of the Improvements, including each of the units. The sketch Is Included only to assist the reader 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 this appraisal report whether any portion of 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, or as otherwise required by law. r 5. The appraiser has noted In this appraisal report any adverse conditions (such as needed repairs, deterioration, 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 research Involved In performing this appraisal. Unless otherwise stated in this appraisal report, Ihe appraiser has no knowledge of any hidden or unapparent physical deficiencies or adverse conditions of the property (such as, but not limited to, needed repairs, deterioration, Ihe presence of hazardous wastes, toxic substances, adverse environmental conditions. etc.) that would make the property less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or Implied. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required 10 discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, this appraisal report must not be considered as an environmental assessment of the property. 6. 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 the completion, repairs, or alterations of the SUbject property will be perform~d in a professional manner. , Freddie Mac Form 72 March 2005 Page 5 of 7 Fannie Mae Form 1025 March 2005 Form 1025 - "WInTOTAl" appraisal soltware by a Ia mode, Inc. -1-80Cl-AlAMODE IAle No 07-03-0311 Paoe #61 Small Residential Income Property Appraisal Report 07-03-031 FIle # 07-03-031 r APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. I have, at a minimum, developed and reported this appraisal In accordance with the scope of work requirements stated in this appraisal report. 2. I performed a complete visual Inspection of the Interior and exterior areas of the subject property, Including all units. I reported the condillon of the improvements in factual, specific terms. I identified and reported the physical deficiencies that could affect the livability, soundness, or structural Integrity of the property. 3. I performed this appraisal In accordance with the requirements of 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 at the time this appraisal report was prepared. 4. I developed my opinion of the market value of the real property that Is the subject of this report based on the sales comparison and Income approaches to value. I have adequate market data to develop reliable sales comparison and income approaches to value for this appraisal assignment. I further certify that I considered the cost approach to value but did not develop it, unless otherwise indicated in this report. . 5. I researched, verified, analyzed, and reported on any current agreement for sale for the subject property, any offering for sale of the subject property In the twelve months prior to the effective date of this appraisal, and the prior sales of the subject property for a minimum of three years prior to the effective date of this appraisal, unless otherwise indicated in this re~~ . 6. I researched, verified, analyzed, and reported on the prior sales of the comparable sales for a minimum of one year prior to the date of sale of the comparable sale, unless otherwise Indicated In this report. 7. I selected and used comparable sales that are locationally, physically, and functionally the most similar to the subject property. 8. I have not used comparable sales that were the result of combining a land sale with the contract purchase price of a home that has been built or will be built on the land. r 9. I have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject property and the comparable sales. 10. I verified, from a disinterested source, all Information in this report that was provided by parties who have a financial interest in the sale or financing of the subject property. I 11. I have knowledge and experience in appraising this type of property in this market area. 12. I am aware of, and have access to, the necessary and appropriate public and private data sources, such as multiple listing services, tax assessment records, pUblic land records and other such data sources for the area in which the property Is located. 13. I obtained the information, estimates. and opinions fumlshed by other parties and expressed In this appraisal report from reliable sources that I believe to be true and correct. 14. I have taken into consideration the factors that have an impact on value with respect to' the subject neighborhood, sublect property, and the proxImity of the subject property to adverse influences in the development of my opinion of market value. I have noted In this appraisal report any adverse condiUons (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) observed during the inspection of the subject property or that I became aware of during the research Involved In performing this appraisal. I have considered these adverse conditions in my analysis of the property value, and have reported on the effect of the conditions on the value and marketability of the subject property. 15. I have not knowingly withheld any significant Infonnation from this appraisal report and, to the best of my knowledge, all statements and information in this appraisal report are true and correct. 16. I stated in this appraisal report my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the assumptions and limiting conditions In this appraisal report. 17. I have no present or" prospective interest In the property that Is the subject of 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 opinion of market value In this appraisal report on the race, color, religion, sex, age, marital status, 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 or on any other basis prohibited by law. 18. My employment an~or compensation for performing this appraisal or any future or anticipated appraisals was not conditioned on any agreement or understanding, written or otherwise, that I would report (or present analysis supporting) a predetennlned specifiC value, a predetermined minimum value, a range or direction in value, a value that favors the cause of any party, or the attainment of a specific result or occurrence of a specific subsequent event (such as approval of a pending mortgage loan application). 19. I personally prepared all conclusions and opinions about the real estate that were set forth in this appraisal report. If I relied on significant real property appraisal assistance from any individual or individuals in the performance of this appraisal or the preparation of this appraisal report, I have named such indivldual(s) and disclosed the speCific tasks performed in 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 this appraisal f!lport; therefore, any change made to this appraisal Is unauthorized and I will take no responsibility for it. 20. I Identified the lenJer/cllent in this appraisal report who Is the Individual, organization. or agent for the organization that ordered and will receive this appraisal report. r Freddie Mac Form 72 March 2005 Page 6 of 7 Fannie Mae Form 1025 March 2005 Form 1025- 'W!nTOTAl' appraisal soltware by a la mode, Inc. - 1-800-ALAMODE IAI. No 07-03-0311 PaD. # 71 Small Residential Income Property Appraisal Report 07-03-031 FDa N 07-03-031 r 21. The lender/client may disclose or distribute this appraisal report to: the borrower; another lender at the request of the borrower; the mortgagee or its successors and assigns; mortgage Insurers; government sponsored enterprises; other secondary market partiCipants; data collection or reporting services; professional appraisal organizations; any department, agency. or Instrumentality of the United States; and any state, the District of Columbia, or other jurisdictions; without having to obtain the appraiser's or supervisory appraiser's (If applicable) consent. Such consent must be obtained before this appraisal report may be disclosed or distributed to any other party (including, but not limited to, the public through advertising, public relations, news, sales, or other media). 22. I am aware that any disclosure or distribution of this appraisal report by me or the lender/client may be SUbject to certain laws and regulations, Further, I am also subJect to the provisions of the Uniform Standards of Professional Appraisal Practice that pertain to disclosure or distribution by me. 23. The borrower, another lender at the request of the borrower, the mortgagee or its successors and assigns, mortgage Insurers, govemment sponsored enterprises, and other secondary market participants may rely on this appraisal report as part of any mortgage finance transaction that involves anyone or more of these parties. 24. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms ate defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as If a paper version of this appraisal report were delivered containing my original hand written signature. 25. Any intentional or negligent mlsrepresentation(s) contained in this appraisal report may result In civil liability and/or criminal penalties inclUding. but not limited to, fine or Imprisonment or both under the provisions of Title 18, United States Code, Section 1001, et seq., or similar state laws. SUPERVISORY APPRAISER'S CERTIACATION: The Supervisory Appraiser certifies and agrees that: 1. I directly supervised the appraiser for this appraisal assignment, have read the appraisal report. and agree with the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 2. I accept full responsibility for the contents of this appraisal report Including, but not limited to, the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. r 3. The appraiser Identified in this appraisal report Is either a sub-contractor or an employee of the supervisory appraiser (or the appraisal firm), Is qualified to perform this appraisal, and Is acceptable to perform this appraisal under the applicable state law. I 4. This appraisal report complies 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 at the time this appraisal report was prepared. 5. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered contajning my original hand written signature. APPRAISER.-r" '. Signature ~. ,<~ Name MI uel A. raa"o~ SI. R Trainee R/16560 Company Na e Consoiidaled Real estate Solutions, INC. Company Address 3511 W. Commercial Blvd. Suite 204, Fort Lauderdale. FI 33309 Telephone Number (954) 733-7570 Emaf/ Address m1Quelappralsert1l!vahoo.com Date of Signature and Report March 20, 2007 Effective Date of Appraisal 03/1612007 State Certification # or State License # RI16560 or Other (describe) State # Slate FL Expiration Date of Certification or License 11130/2008 SUPERVISORY A Signature Name Raul Plmenlel, SI Cert Res REA 27 Company Name Consolidated Real estate Solutions, INC. Company Address 3511 W. Commercial B1vcI., Suile 204, Fort Lauderdale, FI 33309 Telephone Number (954) 733-7570 Email Addressconsondatedrest1l!vahoo.com Date of Signature March 20, 2007 State Certification # RD-5027 or State License # State FL Expiration Date of Certification or License 11/30/2006 SUBJECT PROPERlY ADDRESS OF PROPERlY APPRAISED 402.NW 121hAvenue BoVlon Beach. FL 33435 o Did not Inspect subject property o Did Inspect exterior of subject property from street Date of Inspection 181 Did inspect interior and exterior of subject property Date of Inspection 03/0712007 APPRAISED VALUE OF SUBJECT PROPERlY $ 197,000 LENDER/CLIENT Name Company Name Private Company Address N/A COMPARABLE SALES o Old not Inspect exterior of comparable sales from street 181 Did inspect exterior of comparable sales from street Date of Inspection 03/07/2007 r Email Address Freddie Mac Fonn 72 March 2005 Page 7 of 7 Fannie Mae Form 1025 March 2005 fonn 1025 - 'WJnTOTAl" approlsal software by a Ia mode, Inc. -1-800-ALAMODE IRle No 07-03.0311 Pane # al r Borrower N/A ProDertv Address 402 NW 12lh Avenue City Bovlon Beach COlInlv Palm Beach Slale FL lio Code 33435 Lender/Cuenl Private Supplemental Addendum Rle No 07-03-031 . Small In coma : Appralsar Slonatum Consolidated Real Estate Solutions, Inc. employs the use of digital signatures and the eleclronlcally Iransmllled report meets USPAP reporting requirements. The appraiser took reasonable sleps to protect the dala Integrity of the transmitted report. The software program provided a signature security feature for all the appraisers signing the report. The electronic signature carries the same level of aulhenticity and responsibility as an ink signature on a paper copy report. o Small In coma : Nelohborhood Description Tha Subject neighborhood Is made up of single family properly, mulll-famlly and commercial property along main roads. The neighborhood was developed aboul 34 years ago In Lake Worth. The Subject has aasy access to main thoroughfares such as 1-95. Is near shopping and commercial centers end is also near public parks and schools. There are no negative faclors that may affect real estate values in tha market araa. o Smalltncome : Nelohborhood Markel Conditions Supply and demand appear 10 be in balance with a steady amount of buy-sell activity. Properties are eligible for alllypes of financing in this area. and II is common for seller concessions In the form of paid closing costs 10 be offered as Incentives in this market. Marketing lime Is typically less Ihan 6 months, buill Is common for homes to sell in less than 90 days. Market conditions are favorable for buyers after a long period of real eslate rush In Soulh Florida. , Comparables All Comparable sales are similar In design and appeal to Ihe Subjecl Property. The individuals unlls are also similar 10 lhe Subject's unit design, condition and appeal to the market. Leosl Description CHERRY HILLS, BOYNTON LT 415 (LESS RETURN CURVE IN OR4383P355) , Small Income : Raconciliatlon - Conditions of the Aooralsal r The appraiser reviewed 7 recent sales of similar properties in this market and considered all applicable approaches to value in the development of this appraisal. The value of the Subject is stated "as is". Lot Size The market does not shown preferences for investment property with bigger lot size. Hlg!1er maintenance means more expenses. The appraiser however applied lot adjustments for this particular condition. The subject property has one of the smallest lots In the market area, After exhaustive research the appraiser could not find any recent comparables sale with similar lot size. The appraiser used the best comparabJes in the market area. Comoarable sale #3 Comparable sale #3 is located west to 1-95. The appraIser Include it In the report to give a belter idea about the duplexes with same room count as the subject property in the general market area. Comoarable sale #1 The appraiser could not confirmed the type of NC for comparable sale #1. Is common wall units for duplexes In this particular market. Use of the aooralsal The intended user of (his appraisal report is the owner. There are no mortgage or lending Inslllutions attached to this file. r Fonn TADD - oWinTOTAL 0 appraisal software by a Ia mode. fnc. - 1.800-ALAMODE IAle No 07-03-0311 Paoe #91 r Borrower N/A PropertY Address 402 NW 12th Avenue CIIv Bovlon Beach Coonlv Palm Beach Slate FL Zin Code 33435 Lender/CDenl Private Building Sketch r B A 35.0' 35.0' EntranCE Bath Entrance Bath Kitchen Kitchen 12.9' Bedroom Bedroom 12.9' Living Room living Room , ..1cPI"......w- CommoOls: AREA CALCULATIONS SUMMARY LIVING AREA BREAKDOWN Code DucrlpUon No\ SI.. Ne\ Tolal. Breakdown Sublatel. GLAl Fir.t Floor f51.5 Fir.st Floor Firat Floor f51.5 903.0 12.9 x 35,0 f51. 5 12.9 x 35.0 f51.5 Net LIVABLE Area (Rounded) 903 2 Items (Rounded) 903 , , r' Form SKT.BJdSkl- "WInTOTAL' appraisal soltware by a la mode, inc. - l-BOO-ALAMODE Subject Photo Page IAlo No 07-03-0311 Pooo #101 r- Borrower N/A ProPerty Address 402 NW 12th Avenue Cltv Bolllon Beach Counlv Pelm Beach Slale FL liD Code 33435 lendorlCUenl Private r r Subject Front 402 NW 12th Avenue Sales Price Gross Building Area 903 Age 48N16E SUbject Rear Subject Street Form PICPIX.SC - 'WlnTOTAl' appraisal software by a la mode, Inc. - l-BOQ.ALAMODE IRleNo 07-03-0311 Paoe#111 Subject Photo Page r Borrower' N/A Prooertv Address 402 NW 12th Avenue Cilv Bovton Beach Countv Palm Beach Stale FL Zin Code 33435 lendsrIC6enl Privete Unit #A Living Room 402 NW 12th Avenue Sales Price Gross Building Area 903 Age 48N16E r Unit #A kitchen Unit#A Bathroom r..... . , Form PICPIX.SC - "WInTOTAl' appraisal soltware by a la mode, inc. - 1-8(){).ALAMODE IFile No 07-03-0311 Paoe #121 Subject Photo Page r Borrower N/A Prooertv Address 402 NW 121h Avenue CIty Bovlon Beach County Palm Beach Slate FL Zip Code 33435 lender/Cienl Prlvete Unit #8 living Room 402 NIN 12th Avenue Sales Price Gross Building Area 903 Age 48N16E ,.... Unit #8 kitchen Unlt#B Bathroom r , r Form PICPIX.SC - 'WInTOTAl' appraisal sollware by a la mode, inc. -1-aOO-ALAMODE IFile No. 07.()3-031J Pao. #131 r Borrower NIA Prooertv Address 402 NW 12th Avenue CUv Bovlon Beach Counlv Palm Beach Stale FL liD Code 33435 lBllderlClienl Private SUbject Photo Page Subject Electrical Meters 402 NW 12th Avenue Sales Prlce Gross Building Area 903 Age 48A116E r r Form PICPIX.SC - "WlnTOTAl' appraisal soUware by a fa mode, Inc. - 1.800.ALAMODE Comparable Photo Page IAle No 07-03-0311 Paoe #141 r Borrower N/A Properly Address 402 NW 12th Avenue CiiV Bouton Beach CountY Palm Beach Slale FL iiD Code 33435 LenderlCiBllI Privata r r Comparable 1 519 NW 10th Avenue Sales Price 225,750 Gross Building Area 1,587 Age 52N17E Comparable 2 201 NW 7th Court Sales PrIce 206,000 Gross Building Area 1,144 Age 50A17E Comparable 3 407 NW 7th Street Sales Pnce 200,000 Gross Building Area 1,214 Age 61N20E FoI1l1 PICPOCCC - 'WinTOTAl' appraisal software by a Ia mode, Inc. -l-80(}.ALAMOOE Location Map IFile No 07-03-0311 Paoe #15/ r BOllower N/A Propertv Address 402 NW 12th Avenue Cltv Bovton Beach Countv Palm Beach Slate FL ZJo Code 33435 lenller/Cfienl Private ~UT' ttl'lWs? ~.u:jLJ< .. . . ,... i ' ",I . ~~P~~'[,;'E' '.11' ir,:,,' [I 11,....-, '. i:::'U.~ f~P.: i ii"i I)~ U/:~i: ;"':j ~~k .', .it L.~ ,-L1" cot a -', -li Dr ";c:; iJ~ J .1--' ~ ,~-~ f~ ~ri:<:":)C;J! (6) ." 9'::j:::':" ! ~Mididlj: I iii ,it "SI'.- : . . ..~; ...! '-I~i /j If":'.!' ~;.~~~~ (;MU\~G r\~ ,:it,:),', ~" .-..... , ; I ',. I~!r ..., ~i:'i'~::_:~ I-'i~ ~-;' \if/~!-i;,': 'e: ill:". jl< 1",,,,.j~"'I",:;;,, ~l" 'T ..~!d.jfT,I.. I ' ';-""_~'"" G .."''1'"1 ~ " "if'S'>: '-.' ......::,;.~;.l. ...,Gate-.avol.t. '/:if~illr~'8~":); .:.... al.......'. . "," .r~.. '"\ ~! Ii.'{.~ !.I II ;,..,. t ... I;: T' ":.~'----' (, fJ ~'~;;:I iQ ~ L L I I .'./ 1 Ii) '-.';;Nt.19th .-.~~' ..--.. :;\:..~2;;+..~,- i---- Ii: I . '''','''' , 9" ('~,,!it '.- . flEl.J,6th;,.,.:.! \-1 \ !' . "NEiJsui;J i ! i ! i ...R ," ; ~ ; ,..,_.~;~J'- ,\.,__ ..-rtE.11Ih..A..... " J ltIIJI-::1~\~..u..~1:.]_41 [/,r,'. 1, !..... c"'- -'C" ..NO~ii.rid!..Drl:/..l.(,:,'>." i I!;:::=...~~J; I ,,.' I) , I i~.' j It~.:..:tJr~~ j-h-:::.=::.L [i 'j. --!(::.:::-- ]:. J I ~9. fd 0; -1, ArI;;ij..Dr' ;::::<;>,:': I i ...-- f '. I .....::, \" . -''--... e", .I'Rd::>.\ tl'" 'C' \, , ~--~ ~ f too !f jo-. ! ~! i !.U r' r Form MAP.LOc - "WinTOTAl' appraisal software by a la moda, Inc. - l-BOO-ALAMOOE ! ...~ Ma.'ppoint' , ! ~~''-~; ,ii~~' I' , ,-~~> " :.C..j 1-'" , } , ' ;'it; i,i;\ -,I, , V" ,;;. .,' i: ( '-~-""..}~r t ~.,C"~' o ~'.'." " ~ :i~l'" "~ .'-" ,',:\ 0.9 I~ IAle No 07-03-0311 Paoe #16/ r Borrower N/A Prooe~v Address 402 NW 12th Avenue Citv BaVion Beach Coontv Palm Beach Stale FL lIo Code 33435 lerderlClienl Private Flood Map r r r r Form MAP.Flood - 'WInTOTAl' appraisal software by a la mode, inc. - 1-800-AlAMOOE ,. ~g~ctY~Te~ C R1~ iiIii East Side-West Side-Seaside RenaISsance BOYNTON BEACH CRA AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August 14,2007 II Consent Agenda I x I Old Business New Business Public Hearing Other SUBJECT: Consideration of Interlocal Agreement to Paint Galaxy Elementary School SUMMARY: Galaxy Elementary School is located on Boynton Beach Blvd and 1-95, a key gateway to The City of Boynton Beach within the CRA District. The school is not slated to be renovated until 2011 and is in definite need of a facelift. Creating an attractive entryway feature will not only improve the appearance of the school, but also make the environment more appealing for the children who attend ( ..... Galaxy, as well as the surrounding community. The CRA Board's FY 06-07 Budget included an amount of$120,000 toward the renovation of Galaxy Park. However, due to the drought, options for landscaping have been greatly minimized and staff recommends utilizing a portion of funds to paint the school and work with City Parks & Recreation staff to renovate the adjacent Galaxy Park in compliance with the drought restriction guidelines. In our meeting with the School District officials, we were advised about their excitement for this opportunity. Attorneys for the School District have provided an interlocal agreement to Lewis Longman for review. The agreement will cover the legal aspects of the School District requirements; however, CRA staff has been and will continue to be involved in the recommended color selections for approval. The possible student art mural project will be a future initiative under the direction of the school principal and not need district approval. FISCAL IMPACT: Line item 58300-200 has a budgeted amount of$120,000 for Galaxy. RECOMMENDATIONS: Approve the interlocal agreement between the Palm Beach County School District and the Boynton Beach CRA. ,.... f Lisa Bright Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\07 08 14 CRA Board Meeting - August\Funding to Paint Galaxy School.doc Page I of2 ,...... Buckley, Ashley From: Fred Cahill [cahillf@palmbeach.k12.f1.us] Sent: Monday, August 06,200711 :22 AM To: Buckley, Ashley Subject: FW: Galaxy elementary FYI From: Joseph Sanches Sent: Thursday, August 02,20077:22 PM To: Fred Cahill Cc: Guam Sims; Helen Stokes; James Pickering; Randall D. Granberry; Angela Usher; Eileen Lacey; Carole R. Shetler; Ricardo J. Mendez; Jim Kunard; Don Pait; 'Buckley@cLboynton-beach.f1.us' Subject: RE: Galaxy elementary Fred, The School Board does not have a meeting scheduled to discuss this issue until August 22nd at the earliest, however, as I previously indicated it is highly unlikely that the District would be closing the school within the next three years. r I can not speak for the School Board Members, and I'm sure they will want to know all of the options and implications before making any decisions. While the School Board will reserve their rights to do what they think is best for the students and the District, they will certainly welcome input from various stakeholders including representatives from the City of Boynton Beach and all members of the Galaxy Elementary School community. This is obviously a very major consideration and it will not be taken likely by the Board. There are a number of people outside of Facilities Management that will playa role in making a decision on the future of Galaxy Elementary. Without putting myself too far out there on the line I can only say that it will at least be a few years before anything happens Galaxy, and in the meantime we would appreciate the City's assistance with repainting the school. Joseph Sanches Chief of Facilities Management School District of Palm Beach County From: Fred Cahill Sent: Thursday, August 02, 2007 6:45 PM To: Joseph Sanches; Ricardo J. Mendez; Jim Kunard; Don Pait; Buckley@ci.boynton-beach.f1.us Cc: Guam Sims; Helen Stokes; James Pickering; Randall D. Granberry; Angela Usher; Eileen Lacey Subject: Galaxy elementary r The color selection meeting went well it was well attended by Galaxy staff and a short list of colors was selected that should greatly improve the look of the facility. The final color selection will be made on August 13th at the schools staff meeting. Eileen will be bringing large color samples to view and will be providing the same samples to Ms. Buckley the Cities representative. Final approval for the inter-locale will be on August 14th at the City's CRA board meeting. Mr. Granberry or Ms. OIL: '''''V'''7 (..... (... ,..... Page 2 of2 Usher will be attending that meeting. The city would like some sort of formal assurance that the facility is remaining a school so they are comfortable making the agreement. Ms. Buckley asked if it could be provided in time for the August 14th meeting. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 8/6/2007 Name of Contract: Interlocal Agreement with Boynton Beach CRA for Painting of Galax'y EI Board Meeting Date (... CONTRACT REVIEW CHECKLIST Consistency with Law and School Board Policy: YES -.,-- Consistent with School Board Policv Consistent with Florida, federal YES and local laws Comments Contract Terms: (" Term (Duration of Contract) Six Months Termination Clause Yes, for CRA's failure to pay the cost of painting prior to work beinQ started. Insurance /Liability Issuesl Risk Management should review and approve all insurance clauses. Indemnification Reoulatorv issues N/A Confidentiality N/A Provision N/A Warranties Labor Issues The Labor Relations Department should review anv issues. N/A Disclaimers . FLORIDA LAW & PB COUNTY VENUE Govemina Law & Venue Comments Business Principles: Comments YES Sound Business Principles Reasonableness of Fees Please refer to oaoe Payment Terms --Lump sum, installments Please refer to page _ 1 -Payment Due dates -Late fees Other Issues: Conflict of Interest Disclosures N/A Non-Neootiable Issues NONE NONE Miscellaneous Issues Aoorooriate Deoartmental SiQn-off YES Comments Special Considerations: r The issues noted above were explained to the appropriate District staff and/or Div,' ion Chief. YES 0 NO 0 S:\Public\LillleJohn\Projects\Contract Review Checklist, Real Estate Contracl.doc r INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLORIDA This Agreement ("Agreement") is made and entered into this _ day of , 2007 by arid between the School Board of Palm Beach County, Florida (the "School Board"), and the Boynton Beach Community Redevelopment Agency, Florida (the "CRA") for the comprehensive painting of Galaxy Elementary School. This agreement is effective upon execution by the parties hereto and can be executed in counterparts. WHEREAS, the CRA is a public Agency created pursuant to Florida Statutes, Chapter 163, Part III and has as its purpose the redevelopment of portions of the City of Boynton Beach located within its geographically designated redevelopment area; and r- WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the. most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as defined therein, to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately;' and WHEREAS, the CRA and School Board recognize the benefits to be derived to the students and community by re-painting Galaxy Elementary School; and WHEREAS, the CRA has funds to improve areas in the City of Boynton Beach, including the painting of Galaxy Elementary School; and . WHEREAS, the School Board, a corporate body politic pursuant to the Constitution of the State of Florida, owns and operates certain real property known as Galaxy Elementary School ("School Property"); and . r . WHEREAS, the eRA, in furtherance of its redevelopment efforts, desires to provide the School Board funds to paint the exterior of the buildings on the School Property and the School Board is willing to accept the CRA funds and agree to use the CRA funds to paint the exterior 0"1 the buildings on the School Property; t"..... NOW, THEREFORE, for and in consideration of the. mutual covenants and conditions contained herein and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the parties agree as follows: Article I: General 1.01 . The recitals set forth above are true and correct and are hereby made a part of this Agreement. 1.02 For purposes of this Agreement, the tenn "School" or "School Property" shall mean Galaxy Elementary School.. 1.03 The Term of this Agreement shall be for a period of six months from the Effective Date. 1.04 For purposes of this Agreement, the term "Project" shall mean the exterior painting of all buildings at the School. 1.05 For purposes of this Agreement, the term "Contractor" shall mean the exterior painting contractor hired by the School Board to complete the Project. ,o. Article II: Obligations of the School Board 2.01 The School Board shall hire the Contractor follOWing the School Board contractor selection process for the sole purpose of completing the Project. The School Board shall provide a copy of the Contractor's bid to the CRA within ten (10) days after the expiration of all applicable protest periods. The. School Board's obligation to issue a notice to proceed to the Contractor is contingent upon receipt of the full cost of the Project from the CRA. 2.02 The School Board shall ensure that the type of paint used for the Project complies with the School Board's paint specification requirements.. 2.03 The School Board shall be responsible for negotiating a set price with the Contractor and the tenns for payment. . 2.04 The School Board shall require the Contractor to complete the Project within forty-five (45) days from the selection of the Contractor. . Article Ill: Obligations of the eRA r.... 3.01 The CRA shall pay, in advance, to the School Board the full cost of the Project. Payment shall be made within ten (10) days after the bids are deemed satisfactory to the CRA and the School Board awards the bid for the Project. 2 L:\Planning\Public\INTERGOV\Schools\Elementary Schools\Galaxy\Painting of Galaxy EI (072307).doc (' 3.02 The CRA shall share the color alternatives for the Project with the School's Principal and the selection shall be made by consensus between the de~ignated CRA representative, the School's Principal and designated School Board staff . 3.03 For purposes of this Agreement, the designated CRA representative shall be Ashley Buckley. For purposes of this Agreement. the designated School Board staff representative shall be Angela Usher. Article IV: Termination 4.01 This Agreement shall be null and void and considered terminated in the event that the CRA does not make full payment to the School Board within ten (10) days after receipt of a copy of the Contractor's bid for the Project. Termination under this Section shall not constitute default by the CRA. Article V: Miscellaneous f' 5.01 Any and all notices required or permitted. to be delivered pursuant to the terms of this Agreement'shall be effective upon receipt, but in any event no later than. one (1) day.after delivery to an expedited courier service such as Federal Express or after transmitted by facimilie. Any of the parties described herein may. change their addresses by giving notice to all other parties set forth in this subsection. Any notices under this agreement shall be faxed and sent by overnight delivery to the following persons and addresses: School Board: Chief of Facilities Management 3300 Forest Hill Blvd. West Palm Beach, FL 33406 (Phone) (561) 357-7573 (Fax) (561) 357-7569 With Copy to: Director, Planning Department 3300 Forest Hill Blvd. West Palm Beach. FL 33406 (Phone) (561) 434-8205 (Fax) (561) 434-8187 eRA: Executive Director Boynton Beach CRA 915 Federal Highway Boynton Beach. FL 33435 (...... 3 L:\Planning\Public\INTERGOV\Schools\Elementary Schools\Galaxy\Painting of Galaxy EI (072307).doc f' Phone: (561) 737-3256 Fax: (561) 737-3258 5.02 In the event an issue arises which cannot be resolved between the .School's Principal and the CRA regarding the painting of the School, the dispute shall be referred to the School Board's Chief Operating Officer and the CRA's Executive Director who shall both make a good faith effort to resolve the dispute. 5.03 The parties agree that, in the event either party is in default of its obligations under this Agreement, the non-defaulting party shall provide to the defaulting party reasonable written notice to cure the default. In the event the defaulting party fails to cur.e the default, the non-defaulting party shall be entitled to seek any remedy available to it at law or equity, including, but not limited .to, the right to terminate this Agreement. and seek damages, if any. ,......... 5.04 In the event of any dispute arising among the parties with respect to the interpretation of the respective rights or obligations provided for by this Agreement, the same shall. be resolved by mediation with such mediation to be conducted between the designated School Board Attorney and the CRA Attorney. If mediation is unsuccessful, any and all legal actions necessary to enforce this Agreement will be conduced in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy given hereunder or not or hereafter existing at law or in equity or by statute or otherwise. . No single or partial. exercise by any party of any right, power or ren:tedy hereunder shall preclude any other or further exercise thereof. Any dispute arising out of the Agreement shall be construed by and governed by the laws of the State of Florida. All legal action necessary to enforce the Agreement will be held in 'Palm. Beach County. 5.05 The parties agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orie'1tation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. 5.06 The captions and section designations set forth herein are for convenience only and shall have no substantive meaning. 5.07 In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect the. remaining 'portions of this Agreement and the same shall remain in full force and effect. r 5.08 This Agreement constitutes the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. 4 L:\Planning\Public\INTERGOV\Schools\Elementary Schools\Galaxy\Painting of Galaxy El (072307).doc (... 5.09 Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. 5.10 Except as otherwise provided for in this Agreement, this Agreement may be modified and amended only by written instrument executed by the parties hereto. 5.11 No waiver of any provision of this Agreement shall be effective against any party hereto unless it is in writing" and signed by the party waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. 5.12 Neither party shall be considered the author of this Agreement since the parties have participated in the drafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. 5.13 A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County pursuant to Section 163.01 (11), Florida Statutes. 5.14 This Agreement shall become effective on the date last signed by the parties, and filed with the Clerk of the Circuit Court in and for Palm Beach County. r 5.15 Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and Obligate such party with respect to all provisions contaiRed in this Agreement. SIGNATURES ON THE FOLLOWING PAGES (- 5 L:\Planning\Public\JNTERGOV\Schools\Elementary Schools\Galaxy\Painting of Galaxy EI (072307).doc r IN WITNESS WHEREOF, this Agreement has been executed by the parties herein on the day and year first above written. BOYNTON BEACH CRA, FLORIDA By: . , President ATTEST: Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY eRA Attorney r r 6 L:\Planning\Public\INTERGOV\Schools\Elementary Schools\Galaxy\Painting of Galaxy EI (072307).doc r SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA By: William G. Graham, Chairman ATTEST: Arthur C. Johnson, Ph.D. Superintendent of Schools Date: APPROVED AS TO FORM AND LEGAL~NCY ~ 1/;6/01 School Board Attorney r r 7 L:\PJanning\Public\JNTERGOV\Schools\Elementary Schools\Galaxy\Painting of Galaxy EI (072307).doc r......... ~~ctY~Te~ C~~ East Side-West S'lde-Seaside Rena'lssance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August 14,2007 AGENDA ITEM: I Consent Agenda I X I Old Business New Business Public Hearing Other SUBJECT: Old High School SUMMARY: At the July 10,2007 CRA Board Meeting, staff was directed to request letters of intent from interest parties who would like to redevelop the Old High School. The Board would hold those letters of intent until after the visioning project and then be brought back to the board for further discussion. At that time, CRA staff questioned Attorney Cherof about the original RFP's ability to serve as notice of the agency's expectation of disposing property with a letter of intent. Attorney Cherof stated, "in his opinion it would not." (... In the meantime, CRA staff issued a general letter of intent and received two responses. Both parties are interested in presenting their ideas to the CRA Board and are desirous of having the building turned over to their care, custody and control. These entities need the building placed under their organization's control to qualify for grant funding or Historic Tax Credits. These funding sources would be the primary financing mechanism to cover renovations costs. Staff polled the CRA Board and all the members wish to complete the Downtown Master Planning process prior to making a final decision of what would be an appropriate redevelopment plan for the Old High School. However, a board member has requested staffto simultaneously work toward formalizing negotiations with the interested parties to keep the process moving. CRA staff received a second opinion from CRA Counsel, DJ Doody, who advised that a notice must be published to invite proposals and receive and consider all proposals. To that end, the statute references that once proposals are received and considered the CRA may negotiate with any persons submitting proposals. FISCAL IMPACT: None. r Direct staff to issue notice of intent to dispose of Old High School. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\0708 14 CRA Board Meeting - August\Old High School.doc Bright, Lisa ......."':rom: rant: To: Cc: Subject: DJ Doody [DDoody@cityatty.com] Tue.sday, July 31, 20072:26 PM Bright, Lisa Jim Cherof RE: Old High School- Letters of Intent Lisa, The section which addresses public notice, Section 163.380 (3) (a) contains language to the effect that the notice must published at least 30 days prior to the delivery of any contract to sell, lease or otherwise transfer real property and, prior to the delivery of any instrument of conveyance with respect thereto under the provisions of the section. In interpreting this language from a legal perspective I would advise you that the notice must be published to invite proposals and receive and consider all proposals. The Statute then references the fact that once the proposals are received and considered the CRA may negotiate with any persons submitting proposals..... Consequently, the notice needs to be published before the negotiations begin. I trust this is specific. However, if you still require some clarification, please do not hesitate to contact our office. DJ DOODY Donald J. Doody Goren, Cherof, Doody & Ezrol. P.A. 3099 East Commercial Blvd. Fort Lauderdale, Florida 33308 954 - 771 - 4500; 954 - 771- 4923 (fax) ddoody@cityatty.com www.cityatty.com _____ Original Message----- r-'-om: Bright, Lisa [mailto:BrightL@ci.boynton-beach.fl.us] ~nt: Tuesday, July 31, 2007 12:02 PM To: DJ Doody Subject: RE: Old High School- Letters of Intent Don, Sorry, I need you to be very specific with me since this property is so controversial among the board members let alone the public. At what point should a public notice for the disposition of the Old High School property occur: 1.) before negotiations begin with an interested party? 2.) after negotiations begin with an interested party? Lisa -----Original Message----- From: DJ Doody [mailto:DDoody@cityatty.com] Sent: Sunday, July 29, 2007 10:03 AM To: Bright, Lisa; Cherof, James Cc: Swanson, Lynn; Brooks, Vivian; Buckley, Ashley Subject: RE: Old High School- Letters of Intent relative to the methodology and process for the disposition of real property, Section 163.380(3) (a) stats in part; "Prior to disposition of any real property or interest therein in a community ~ redevelopment area........a community redevelopment agency shall give public notice of such disposition by publication in a newspaper having a general circulation in the community,...... .and, prior to the delivery of any instrument of conveyance ........ ..invite proposals....." 1 ,.... Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Vice Chair ROdriguez: I'm okay. Ms. Bright: I need to clarify. Chair Taylor: Okay. Show the motion as unanimous. Vice Chair Rodriguez: Again, I'd like, for the future I'd like to see the details in here. Chair Taylor: Okay. r Ms. Sherrod: Just to put, for a little clarification urn, Mr. Rodriguez, urn, in the SHIP program, our strategy allows for the replacements such as this, lost in a travesty such as this we have on board, um a licensed urn, ullding official inspector as well as our, uh, construction manager. We would never allow our tax dollars to go for quote upgrading. It was to it was it was a replacement to replace the building, uh pretty much as it was. Same size and style home but to today's standards um, and that's what our strategy that was approved by the City Commission allow for. So that home had been uh previously, had been approved uh administratively by uh, the City Manager which was allowed for so, she was bringing in uh the majority of the funding, all of the monies that the insurance company allowed for, so we allowed her to replace it. But it's just standard, a standard house. Um, built under the same guidelines as the First Time Homebuyers Program. Um, so in the future, I guess we'll give the square footage. Chair Taylor: Thank you. Vice Chair Rodriguez: I mean I understand that and I appreciate that. And I know this woman needs to get in her home. Uh, I'm just asking for more details in the future that's all. Thank you. Chair Tavlor: Thank you. Take us to Item 1. That was pulled too. Five Towns College update. It was info only. Board Member McKoy: Yeah, I mean, this is the reason, I mean, just, I'm pulling it is because of the newness of the workload. Chair Taylor: Yeah. Board Member McKoy: So, there's a presentation on it tonight. Ms. Bright: No. I'm here in case you have a question on it 'cause you pulled it. r Board Member McKoy: Okay, I, I, I, only pulled it, I thought there was going to be additional information. 54 r (' (....... Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: Nope. Board Member McKoy: Okay. Chair Taylor: It's information only, so we don't even need a motion. Vice Chair Rodriguez: Is, is, is this the only place we're going to talk about the high school. Ms. Bright: It's up to the pleasure of the board. Vice Chair Rodriguez: So we can talk about the high school now, then. Ms. Bright: I guess. Chair Taylor: Yeah if you want to. Vice Chair Rodriguez: Okay, lets do that then. Mayor Taylor: Go ahead. Vice Chair Rodriguez: Urn, yeah, we received your email, urn concerning some of the issues with the financial backing for historic society who was the charter school that was number two In the RFP process. . Ms. Bright: Not the Historic Society. The Boynton Beach Charter School. Vice Chair Rodriguez: The binder that we received had Boynton Beach Historic. Ms. Bright: Harrid Conservatory, Harrid Conservatory, Brenner Real Estate was the financial partner, Boynton Charter School and I don't remember who else, and its a the proposal. Vice Chair Rodriguez: The proposal I got never said Boynton Charter School on the top, on the cover page. Ms. Bright: I can't speak to it. They were delivered to the City Manager's Office over a week ago. Those are the uh, I don't know, we never got confirmation back from the City Manager's Office that those packets were picked up by you guys. But regardless, your, your concern has always been the Boynton Charter School, correct? Vice Chair Rodriguez: Yes. 55 r Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: Okay. Vice Chair Rodriguez: Well you know, they been, they've been, they've reached out to me several times and I've communicated that to you, to you and everyone here about because they were number two in the RFP process and you'd made a note that you had reached out at that time after to see if they were interested and there were some financial financial backing issues. Is that correct? Ms. Bright: Yes I spoke to their financial partner in January. Vice Chair Rodriguez: Okay. Do we know that's still the case today? Because it, it seems to me, that uh, in their conversations with me that they've got the financial backing. (' Ms. Bright: They met with Vivian and I on May 18th. Um, Ms. Owens did not indicate any financial partner whatsoever. That's pretty much why I suggest in your email, if you have a working relationship with her and she's willing to share that. Um the key for me on that particular project, um was the fact that their charter school was not going to just take over the high school. It was a very large footprint that took over City Hall and other locations. So in terms of just renovating with them, if they have a new uh financial partner, that might be something new that I'm not aware of. Vice Chair Rodriguez: I'm, I, I'm, um I'm, not going to reach out. I'm gonna, I'm gonna put it back on the eRA and let you uh chase that down if you may. Ms. Bright: I, I really think that we have met with them and the onus is on not just them, several other entities if they want to prepare a proposal for your consideration. I have made that very clear to Ms. Owens that it would be for her, she's a for-profit business, a Charter School is not a um, public education, so she would be needing to get her own capital funding. Vice Chair Rodriguez: So you made that clear to her that she needs to. put a proposal before the CRA? r Ms. Bright: I, I know that both of us made it very clear to her that if she wanted to do that, that day she was not Interested in some of the other locations we suggested which were Delray Boynton Academy. She said that that was already too small. I have that email fromher.Um.tohercurrentlocation.Um. she also indicated In the median, her current location, that some of the pressure had been taken off the uh, Caldwell Theater was not moving as forward, uh as fast, and the renovation there on Federal Highway in Boca, Levitz. And while it was a strain for the parents, she was not really willing to like move to the temporary location. I think the other strategy was the fact that the Old High School, we need to find a place for the Code Enforcement folks, so I 56 r Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 don't know how that would be included in the deal. So, we have to look at their proposal because they don't have any parking. Vice Chair Rodriguez: Yes, the uh, the uh, Code Enforcement is being, another, other recommendation to the Madsen Center has nothing to do with the high school. Um, in, in emails discussions I, I threw out a suggestion, only a suggestion, that there had been many people recently that have stepped up and said you know, we, we want to help, and we've seen that before and I know that. So my suggestion was let's get, let's get some information out to the folks that were looking for a letter of Intent in order to, in order a letter of intent with the intention being that they're gonna submit a formal proposal and then we'll minimize or see if there's anybody. We'll see if anyone steps up to the plate and says, yeah, we're gonna submit a proposal. Ms. Bright: But why would we send a letter of intent. I mean we could make a phone call to them. I mean, they would submit a letter of intent. (- Vice Chair Rodriguez: Yes. That's I submit a letter of intent to us with their intent to submit a formal proposal so that we're not anticipating a proposal that may never come. So just get a letter of intent, and then that way, we know, if we have four letters of intent or two or one or whatever the case may be. Now we anticipate that we're gonna get those four proposals. Ms. Bright: Okay. Vice Chair Rodriguez: I'm. Just a, just a recommendation and idea. It's up to the board to, uh - - Board Member McCray: Right. Board Member Weiland: I would like to uh, shed some light on this issue. Uh, I had spoke with uh, Tom McGillicuddy who is the acting real estate agent for the Owens and he mentioned to me that she put, and his words were she probably has a couple of million dollars in financing. Uh speaking, I had spoken to Ms. Owens after that and she told me that she would be going after, in her words the same dollars, that Intown, Five u h Five - - Chair Taylor: Five Towns. Board Member Weiland: Five Towns uh, were seeking as well. I did not ask her what dollars she was talking about, but I was led to believe that there is some type of grant money or something out there that Five Towns were seeking. Now that they're not in the picture, uh to supplement the money she had from her private financing, she r would be seeking .the same type of money that they were seeking so. Where that all 57 r Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 stands I really don't know, but those are the two conversations I've had about financing with the the Owens and their real estate agent. Board Member McCray: Comments. Chair Taylor: Yes. r Board Member McCray: I'd like to, you know, direct this here, you know back to Mrs. Brooks. And I'm just saying you said something you really need to take a hard- core look at, and that is charter schools. They are a business. They always came to this Commission, I'm just gonna be rather - to the City Commission, that was us. I'm just saying instead of saying they got put out of Boynton Mall because of what happened on Christmas Eve, you know that, that wasn't it. They was put out before this thing happened. I'm just saying they came to us and also stated to this Commission that they wanted to be in Boynton. They said it is our responsibility. You could pull the records, that we find them a place, that we find them a place. That is not the responsibility of the elected officials, that we find somebody a place. If they want to come in and we have suggestions that's fine, but they seem like they want to put this back on our lap saying that you know, you all going be our saving grace that we get back into Boynton. Charter Schools and businesses, I feel sorry for them. They don't want the place on MLK Blvd, then they need to just keep looking. I'm just saying I'm not gonna keep bargaining this down and the CRA every time, you know find out what can they do, they uh hurting now. They trying to get back in, they said before the school year begins, that's over a little over a month away, 'and I'm just saying you know, I'm being realistic. Chair Taylor: Well, I just I believe that the previous CRA Board asked the City Commission to wait until after the, uh, downtown master plan visioning, because we're talking about doing things like, the CRA board sent us a letter from the previous chair asking that we wait until after this visioning because that's going to involve that, that location also. And I thought at the last Commission meeting we agreed to do that. Am I wrong? Vice Chair Rodriguez: Tabled it. Chair Taylor: We tabled it? Yeah. Okay well, you know, its a, it's a big issue, the high school, and I'd be willing to wait until after this uh this visioning, because I know that location is going to be part of that uh' charrette, and that visioning and I'd like to hear what comes about. Board Member Weiland: Likewise. r Board Member McCray: Likewise. 58 r Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Board Member McKoy: I don't have any problem waiting. Chair Taylor: Okay. Vice Chair Rodriguez: We've been waiting for almost two years and if we can do any leg work now with reaching out to these folks that have stepped up and said they want to, with a simple letter, asking for a letter, simple letter of intent. We're just that much farther down the road and wait until, not act on it, but have the letters of intent, you know. Wait until the visioning session and then at least we, we've got something in our hands to plan out the future Chair Taylor: I don't have a problem with that if you want to make a phone call, ask for a letter of intent, that's fine with me. Uh, my, my position is show me the money. You know, its eight million dollars. (.... Board Member McCray: And my whole take is saying that you know, we have been waiting for two years, I beg to differ. We have been waiting since I've been sitting up here about what we gonna do with the high school. I'm just saying my urgency is, as a Commission, lets just wait to see what is gonna come in. You all can do whatever you all want to. I'm gonna keep my plans and everything on until I see what's going to happen for uh, the visioning process for downtown. I'm just saying, you know, we say one thing on one side of the coin. Then we flip and we say something else like we do, we've got too many hats on our head. I want to wait till it comes back. We said, table at the Commission, I want to wait until it be removed from the table to discuss it any further. Vice Chair Rodriguez: Sure. Can I make a comment? Chair Taylor: Yes. Vice Chair Rodriguez: I'd like to make a motion that we initially request a letter of intent from those that have, um shown an Interest In the high school redevelopment and that we hold those letters of intent until after the visioning project and then we will be obviously, be brought forward to the board for further discussion at that point. Ms. Bright: Could I ask counsel a question? Um, when we originally did that RFP we were going out in terms of expectation of disposing of the property, So would that RFP still hold for a letter of intent. Urn. Attorney Cherof: In my opinion it would not. r' S9 (' Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Ms. Bright: So thaes where I am conflicted meaning the RFP was finished. There was no motion to go to number two when they did the motion to select Five Towns for a development agreement. So I guess, that's what I'm, I'm looking - - Vice Chair Rodriguez: I'm not, I'm not asking to go to number two. I'm asking there were a bunch of there was a bunch of organizations that stepped up during a CRA meeting that said they want to be part of the redevelopment of the Old High School. Ms. Bright: That's being urn, actually it's Debby. Vice Chair Rodriguez: Those are all clearly laid out for in the minutes, and all I'm saying is there's a motion on the table. There's a motion on the table that says let's go out and request letters of intent from those groups, to see if they are serious and hold those letters of intent until after the visioning and then come back to the board for further action. That's my motion. Chair Taylor: Okay I have a motion. Is there a second to that? Is there a second to that? I'll pass the gavel. I'll second that motion just for, uh, to get a vote on the table on that. (..... Vice Chair Rodriguez: We have a first and a second. All in favor. Aye. Chair Taylor: Aye. Board Member Weiland: Aye. Vice Chair Rodriguez: All opposed. Board Member McKoy: Nay. Board Member McCray: Nay. Vice Chair Rodriguez: Could we get a roll call and. Vice Chair Rodriguez: Was that three two? Chair Taylor: It was three two. Board Member McCray: If something is to be tabled we have to second. Ms. Bright: I need clarification before we step away. It's my understanding there was an individual named Paula Melley. Did Sister Lorraine leave, she was here, she's an r interested party a,nd then the group led by Harvey Oyer, uh through the Public Arts 60 (' (' r Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida July 10, 2007 Administrator, so those are the only three entities that I am aware of. Are you aware, and, of course, the Boynton Charter School. Vice Chair Rodriguez: I would, I would ask that you go back to the minutes that reflect the folks that stood up and requested you know, that said they want, had interest. And those are the ones that we should solicit. Ms. Bright: No that was one large group, that's what I'm saying sir. Vice Chair Rodriguez: Right. Whoever they were Miss Bright, those are the ones we should solicit. Ms. Bright: Okay. Chair Taylor: Thank you. Okay this takes us to public hearings. I'll turn this over to the City Attorney to swear people in. Attorney Cherof: Anybody who intends to testify, actually Mayor, there is no quasi- judicial on this list. It's just a publiC hearing so no, uh, sworn testimony is required. Chair Taylor: Okay. Okay then that's, uh, City initiated abandonment of alley between NE 7th Avenue and NE 8th Avenue. City initiated. Mr. Livergood: Yes good evening. For the record, Jeff Livergood, Director of Public Works. I will present staff's uh, you will provide staffs presentation although I doubt that I can do quite as good a job as perhaps Mr. Rumpf would do from a Planning Department perspective, so you get the Engineering Department version. Uh, this is a request that's been initiated by the Public Works and Engineering staff. To give you a little bit of background, several months ago, um, approximately six months ago, the City received a number or several requests for construction of fences in people rear yards along this alley. Uh, of course we cannot issue permits to build a fence in a public right-of-way because this alley that is between 7th and 8th Avenue east of Federal Highway, urn because its a public alley, its public right-ot-way and therefore we're unable to issue fence permits. In reviewing the alley, staff found that the alley is very much inaccessible. We're unable to get Into it as a, as a public right-ot-way. To the east end at 7th Street are mangroves, uh City owned property. To the west end is another dedicated alley that runs north/south and parallels Federal Highway that's also fairly difficult if you wanted to put a truck down them. It's staffs recommendation that this alley be abandoned. Allow this alley to return to the property owners, uh, to allow them to use it so that they can place fences on this property and also because it will eliminate any responsibility or liability that the City may have in maintenance of this public alley. This alley was platted in 1925, uh, nearly 82 years ago. This was in an era when subdivisions were designed with the belief that there may need to be rear yard 61 r.... , p""~~\~\~ r ..~,'\~~ ~/~~ ~<tY~Te~~ East Side-West S'lde-Seaside Rena'lssance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August 14,2007 I Consent Agenda I Old Business I X I New Business Public Hearing Other SUBJECT: Consideration of Agreement for Professional Services for Marina Planning Under Continuing Contract with MSCW in the Amount of $89,500 SUMMARY: ' ,.... The Boynton Beach 20/20 Redevelopment Master Plan recognized that the Marina Area was the lynchpin to the redevelopment of downtown Boynton. Accordingly, the City and CRA have undertaken numerous steps to ensure the Marina area is the eastern anchor for the Ocean Avenue corridor. For example, Pete's Pond was created to handle retention from the future development of the Marina. The extension of Boynton Beach Blvd. was created to encourage development at the Marina. The Promenade Park was developed to create public access to the waterfront.' 70 public parking spaces were added to the Marina Village parking structure. The CRA purchased 24 slips, the dive shop, a vacant lot and gas facility on the futracoastal to ensure public access to the waterfront and to preserve the traditional marine industry. In 2006 the CRA/City was successful in obtaining a $2M grant from Pahn Beach County to plan for greater public access to the water. In June 2007, after a competitive RFQ process, the CRA Board selected MSCW to enter into a continuing contract to provide professional design and planning services. MSCW has provided an Agreement for Professional Services under their continuing contract for design of the marina area. Specifically, to design for the separation of electric system from Two Georges and Marina Village, a pump out. station, public restrooms, trolley stop, signage, landscaping and public art. The resulting design will improve public safety and create a downtown destination. FISCAL IMPACT: The fee for Marina Design services is $89,500. (...... C:\Documents and Settings\mellssBa\Local Settlngs\Temporary Internet Flles\OLK105\MSCW Marina Plan.doc r ~ r .~~ . .~~ ~<!Y~T2~lc East Side-West S'lde-Seaside Rena'lssance AGENDA ITEM STAFF REPORT RECOMMENDATIONS: Assistant Director Approve the Agreement for Processional Series for Marina Des' $89,500. ~~ C:\Documents and Settlngs\melissaa\Local Settings\Temporary Internet Files\OLK105\MSCW Marina Plan.doc r 1X0 create lasting communities.'. MSCW AGREEMENT FOR PROFESSIONAL SERVICES MSCW, Inc. ("MSCW") :lod City of Boynton Bcach CR,", ("Clicnt") cntcr into this Agrecment and agree as follows: I. PROJECT DESCRIPTION MSCW No. 07-0124 ~[SCW is please to provide this Scope of Services to the City of Boynton Beach eRA for the planning analysis, physical marine analysis, and conceptual master planning for the redcvelopment of thc City's public marina facility located off of Occan A vcnuc, immcdiately cast of the US 1, and fronting on the Intracoastal waterway. The services to be provided under this agrcement include land planning, landscape architectural dcsign, civil cngineering, and marina design analysis and design. Thc following scope of work has been based on direction from CR1\ staff dming a preliminary scoping meeting. ~' II. SCOPE OF MSCW SERVICES AND FEES A. Project Tasks 1. Client Pre-Design Consultation MSCW No. 07-0124.6000 MSC\X1' will coordinate and attend a project kick-off mecting with thc assigned City CRA Project Manager and City Staff to coordinate our efforts and obtain the necessary public documents for our revicw and conccptual design purposes. i\ISCW realizes that certain plans may not be available at this timc. i\ISCW will work with the Cit)' and CRA to identify thosc plans that are needed to develop conceptual master plans for the marina redevelopment projcct such as as-built SUITCY documents, surrounding developmcnt mastcr site plans and building elevation plans, photometric lighting plans, availablc roadway engineering plans, stortnwater plans and permits, or GIS aerial information, etc. MSCW services described in this section will be performed for a lump sum fee of $4,200.00, plus reimbursable expenses 2. Project Schedule Development MSCW No. 07-0124.6100 r...... MSCW will develop a detailed project milcstone scht~dule that outlines the various design tasks, time fr:lmes for design development, interim internal quality control rc\'icws, interim City CRi\ staff submissions for review and comments, milestonc schedule deadliries for progress completion phases of this project, public invoh.cment meetings and 4750 New Broad Slre,'1 I Orl.llldn. FL .l2HI4 I T,'I: 4117.-122..\.\\0 I 1'.1>: .i()7..122..U2') I www.ll1scwinc.col1l (-.. We creatt: lasting communities." City CRA Board meetings. Key schedule dates of other City CRA projects will bc included for coordination and reference, such as the Visioning project. i\ISC\X1 will keep this document current in response to all City staff meetings, interim design reviews and Clv\ Board reviews and directives. A digital copy of this document will be made availablc to the City CRA Project Manager for review and scheduling as necessary during the design process. MSCW scrvices described in this section will be performed for a lump sum fee of $1,250.00, plus reimbursable expenses. 3. Planning/Landscape Architectural Base Plan Development MSCW No. 07-0124.6200 l'vISC\\1 will prepare planning/landscape ;lrchitectlll'al base plans for usc in dcvelopment of the conceptual design master pl;ln for the proposed marina redevelopment sitc. r Thc digital base plans will bc gcncrated utilizing engineering documents, surveys, tree surveys and architectural ftles as provided hy the Client or other project consultants. All such documents, sun'eys and ftIes arc to be prm'idt'd in a digital formal acceptable to MSCW. Tree surveys should include horizontal conlTollocation, tree species and grade elevation of trees that are to be prescn'ed. Final architectural footprints shall be prm'ided prior to start of final construction plans. Final base plans will include the following information: . Property limits (as provided by the Client) . Water bodies (based on available engineering construction plans) . Proposed public rights-of-way and non-residential drives/any intel'l1al prh'ate drivcways or streets . Proposed underground water, sewer, reclaimed water and stOl'mwater infrastructure as depicted on thc ci,'il engineering plans . Above ground utilities as identified on the sUITey prm'ided by the Client . Tree SUlTCY information (as provided by thc Client) . Existing and proposed architectural building footprints (as provided by the Client) {\-Isew services described in this section will be performed for a lump sum fee of $5,750.00, plus reimbursable expenses. "........ Bornton Beach CR:\ Page 2 of 10 4750 New IIro.d Slreel I Orl."do, Ft. .i2SI'i I 1',-1: 10:;':122..'.\.\() I 1',,,: il07.422..U29 I www.lIlscwinc.colll (' \fIe create lasting communities. ,. 4. Field Inventory and Recommendations Report MSCW No. 07-0124.6300 MSCW's team of designcrs will perform a multi-day ph)'sical site im'entory of the subject marina site area and photograph all existing conditions within and surrounding the subjcct redevelopment site (s). In addition, MSC\X' will re\'iew the following: r . Available public documents provided by the City relevant to the existing conditions within the marina site arca, as provided by the City of Boynton Beach; . A \.ailable public documents from Palm Beach County Engineering as they pertain to the marina site access and bridge sttucture(1 n formation as provided by the City of Boynton Beach); . Available rDOT documents as they pcrtain to the Ocean A venue Corridor; . The current hurricane evacuation routc plans and their potential effects on the marina site access and potcntial site access, rede\'elopment design, construction/development, and potential phasing; . The existing conditions of the immediate adjacctll propertics and their effect on any future redevelopment potential; . The existing vehicular circulation patterns both on and off sitc as it pertains to potcntial future site development, and what possible impl'Ovements may be necessal)' to facilitate any future redevelopment efforts; . Existing vehicular circulation patterns along the surrounding roadway corridors to understand the possible effccts on any future development and idcntify any improvements that arc nceded to facilitate any future rcde\'clopl11cl1t efforts; . Existing vehicular patterns and identify potential conflicts with respect to adjaccnt private properties. . Existing parking facilities and operations. . Existing marina facilities docking and slip operations Based on the field investigation and inventory, I'\ISCW will draft a summary report of our findings and providc potential improvemcnt recommendations for the various items listed above. As part of out im'entory, I\JSC\'V' will provide detailed mapping of the existing site conditions on both aerial maps and in photogrnphic form. I\ISCW services describcd in this section will be performed for a lump sum fee of $20,750.00, plus direct reimbursable expenses. 1'"..... Boynton Beach CR.\ Page 3 of 10 4750 New IIroad Slreel I Orlando, 1'1. .32814 I Tel: 407A22..U.\() I Fax: .j()7.lj22.JJ2'J I www.mscwinc.com Jl" (~ .;'~ .) aml, \~! create lasting communities. '" 5. Marina Master Plan Development MSCW No. 07-0124.6400 Conceptual Master Planning a. Based on the Field J nvcntory and Analysis, I\ISC\XI will develop up to two (2) conceptual master plan alternath-es that addresses the existing conditions, possible future redevelopment alternatives, and feasible phasing opportunities f01" the subjcct marina area redevelopment site. MSC\X/ will analyze the surrounding de\-c1opment sites for potential off-site interconnections to provide cohesive pedestrian connectivity, vehicular connectivity, and physical building spatial arrangements. All plans wiII be developed at an appropriate scale to clearly depict, in sufficient dctail, all building configurations, circulation patterns, parking design, boat docking and circulation and pedestrian circulation routes and opcn spaces. As part of this process, all MSCW conceptual master plans will address the following: r (1) Location of potential roadway corridor entry/gateway clements; (2) Location of potential on-sitc entry iconic clcmcnts (3) Architectural building massing and arrangcment (4) Pedest.rian circulation and interconncctivity between both on-site and off-site development parcels (5) Internal vehicular circulation patterns and parking. areas; (6) Recommcndation for potcntial "Private Realm" improvements that could expand and be included as part of future improvements, thercby providing a cohesive and integrated urban design pattcrn and pcdestrian expcrience; (7) l\ppropriate buffering, screening, and setback allocation relative to surrounding dcvelopment areas; (8) Location and conceptual design of bus/ mass transit sheltcr areas; (9) Potential phasing opporhll1ities and strategies; (10) Potential sanitary sewer, potable water and stormwatcr management system alternatives; (11) Boat slips and marine circulation b. lvfSCW will prepare one (I) plan view rendering for each conceptual t\Jastcr Plan alternative. If additional master plan renderings are desired, MSCW will provide these as "Additional Services" to this agrecment. MSC\X1 will provide a lump sum price for cach additional master plan alternative based on the scale scope and complexity of the master plan or partial master plan area. (..... Boynton Bc~cb eIL\ P~gc ~. of 10 .1750 Now BIl)ad S,[('<! I Orl'1ndo. 1'1. ,\2R 14 I "1'''': 40:',,'121.,\,\,\11 I J ax: fiIJ7.4.l2..\.\2? I www.l1lscwinc.col1l r W/e create Irlsting communities. ,. Pinal Preferred Master Plan a. Based on presentation and direction from the eRA Board, general public, and City CRA staff, MSe\X! will proceed forward to prepare one final "preferred" master plan for the subject redevelopment area. The final master plan will be developed in a digital Auto-CAD format and will utilize the available survey information, tax maps, and/ or aerial graphics maps as provided by the City. l\ISCW will perform these services for a lump sum ree of $34,500.00, plus reimbursable expenses. 6. Landscape Architectural Character and Image Development MSCW No. 07-0124.6500 r a. l\JSe\'<I will prepare a series of photo image boards for presentation to the general public and to the CRl\ Board that convey the image, character, architectural styles, urban streetscape clements, lighting styles, site furnishings, alternative treatments for public open space areas, and landscape materials that cOllld be utilized as part of any future redevelopment efforts. These image boards will only be conceptual in nature to covey the "idea of place", but are very llseful in public presentation to create a mental image of the character and ambiance of the future redevelopment area(5). b. l\'ISCW will prepare conceptual design plans that depict the location, patterning, and preliminary material list for all landscape and hardscapc elements within the proposed design area. c. MSCW will prepared a series of either hand drawn or digital perspectivc renderings of various vantage points throughout the ma rina redevelop area (up to a total of four (4) images) that depict the character and physical design or the "Place" that is created by the final master plan alternative. d. Based on the Field Inventory and Recommendations Report listed above, r,.ISCW will prepare conceptual graphic design plans for the fullowing (Public Realm) wayfillding sigllagc clements: (1) i\Jarina Entry/Gateway Idcntification Signagc Elements (2) l.oeal Street Directional Signage (Cround Pole l\loullted) (3) Bus/l\[ass Transit Identification Signage (Ground Pole Mounted) (4) ] nformational Kiosk Signage - Streetseape Element r 130\"1\1011 Ik'm;h CR.\ Page 5 of 10 -1750 Ncw 1I",ad SUC<l I Orlando, FL .\2R14 I '1',.1: 1,07..121..\.\.\0 I I;"" 4(J;'A12..\.L~9 I www.msc\\.inc.com r...... ~\I'e create lasting communities. ,. e. !\ISC\\I will prepare an overall m~\ster signage location plan to coincide with the various signagc clements to help identify appropriate location, placement and orientation. f. MSCW will prepare one (J) probable Opll110n of cost for the proposed site improvements to include site work clements, preliminary budgetary pricing for architectural clements, and proposed sigllagc clements. I'vISCW will perform these services for a lump slim fee of 526,900.00, plus rcimburs:lble expenses. 7. Digital Graphic 3-Dimensional Modeling MSCW No. 07-0124.6600 MSC\X1 will prepare one (1) digital model of the final "preferred" redevelopment master plan that maps: all existing and proposed building arrangements and site developm(,~nt amenities; and proposed new development land uses (information as made available from the City) surrounding thc subject marina site area. (.... Once Cl'CI ted, l\ISCW will be able to digitally show a \'icwer-detailed perspective view of the proposcd marina redevelopment master plan. Views Cfln be either aerial 01" ground plane and will be ablc to be vicwed from any point surrounding or within the master planned (k\'elopment site. This tool is extremely important for both the novice viewer and the design team to be able to convey relative proportion, scale, appropriate building height ailt! l'nassing, (llIality of defined open spaces, and significance of visual improvemcnts as viewed along any of the public roadways as wcll as internally to the devclopment site itself or from surt'ounding condominium dcvelopmcnt parcels. All architect tIl'al elements will bc conceptual in nature only and will not be dctailed to include final decnl':1ti\'c building fenestration; howc\'e1", it will be developed to a level that shows building !I1;lssing, overhangs, loggias, building fac;:ade articulation, pedestrian passageways, etc. If a d.,: tailed architectural3-dmensional model is desired, MSCW can proyide this as an addiLi. >11:11 scrvice to this agreement. This \'isual tool is a widely sought after tool for public pl'l.~scntations and greatly flssists in de\'t:loping public consensus by providing the viewer ns I-dimensional dynamic view capability as opposed to just plan and elevational views. TI:i~ model will be used at all pubic meetings once apprm'ed by City staff. MSC\V' ,:"Iyices described in this section will be performed for a lump slim fee of $7,950,()(. plus direct reimbursablc expenses r' Boynton neach ClC\ Page 6 of 10 47,0 New Uro.d Suce, 1 \hlando. FL J281 i I Tel: 407.1J22.:U.\O I Fax: .107.422..\J2<J I \\'\\'w.11l5cwinc.col11 r We crt.'tlte Imting communities. ,. 8. GoVCrtllilcnt, Client, Project Coordination Meetings and Hearings MSCW No. 07-0124.0710 MSCW 1"':1111 Leaders, Project l\fanagcrs, landscape architects and designers will prepare for and :1; lend other rccluired meetings not spc:cifically listed abc)\'c to represent the project. 1: 1 addition, l\lSCW will meet with the Client and the other project tcam consultal1:s, including thc Client's Visioning consultants, as necessary to ensure that the necessary ill formation is being provided in a timely manncr. fvlSC\'V' sCI'I.ices described in this section will be performed on an hourly rate basis, with budget eSi il11:\te of$1 .1,500,00, assuming attendance at up to five (5) meetings as directed by the CF \ staff. B. Prop-oscd St:. fii n g I.... Labot Cia, ,ification Landscape ,\ :'chitect:ural Team I.eader Engineerin... '}'cam Leader Staff Engil '?' LA Pro'ecl ,\[:\11a 'cr LA Staff D ":!:Incr Graphic D:lgncr Adlllinist:.r:l ...,: ,\ssistant Proposed 51! ,- Consultants T'he fo11owili'. sub-consultants are proposed for professional sen'ICCS relatcd to this assignment: [ :\TM Mari; ll\larina Design Consultation J : Jcsign Consultants C. Dclivcrablcs l\ [SeW will p:' ,,,'ide the following dclivcrablcs: 1. Two (2): ..r Itcyiew - Preliminary (I-lard Copy) Draft Reports - Ficld ItwcntOt)' and Recommc . ::ltions Report ~'- Boynton Beach CR:\ Page 7 of to 4750 New Broad Screel I "ii.,"do, .'1. ,\2814 I Tel: 407.-'I22,3.nO I F,,,: 4(17.'I21..~,n9 I \\'W\\':. rnscwinc.('olTl (' we crente lasting communities. ,. ') Six (6) C:.\ Board/Staff Copies - Preliminary (I-lard Copy) Draft Reports - Field Inventory.:!1d Recommendations Report/ Conceptuall\laster Plans :l. Existing ( ":lditions Photo Image Boards (up to a lotal of two (2)) 4. Photo 1m: ',l: Boards (up to a total of three (3)) 5. Existing (', illdition CRA r\eriall\Iap Board (up to a tolal of one (1)) (,. Conceptt1.: ,\faster Plan Alternati\'e Boards (up to a lotal of three (3)) 7. Supporrin ,:onceptual Graphic Boards (up to a total of I- / - four (4)) 8. Six (6) Fill .: eRA Board/Staff Copies - Field Inventory and Recommendations Report/ Conceplll ! f\ faster Plan Alternatives/Final Preferred i\lastcr Plan and Supporting Graphics r' ~. FoU1' (4) I .Id Preferred Design Character and Image BmlrCls of proposed marina area redeveloJ' 'nl plan. i\ISC\X! willJ): ,,'ide all final deliverables as direcl reimbmsable costs based on Section V. of t his agreemel~ III. TIl\1 iNG i\fSC\X! will begin \Vo: Agreement. MSC\'<1 Ull' perform the services ill : shall estabLsh a mutll:d: /ilhin seven (7) working days after i\ISC\XI's receipt of this executed :itands the significance of the project schedule and will use its best efforts to ..!tempt to meet the project schedule. ,.\ fte!' consulting with Client, i\fSC\V' ::.,'.n.:eable timetable to perform its services. IV. OU~'SIDE COl'.;ILTANTS AND SERVICES 1\ISCW's sl:lvices are l' recognizes that other Sc: required but are not i:: consultants will be re\' ~ l\fSC\XI sh:1:1 not be lial work or sel'l'ices, nor bl " cd to those services specified in Section II of this Agrecment. Client cs, costs, and expcnses for outside consultants and outside services may bc :cu in this I\greemcnt. Any additional work to be pcrformed by outside ..1 and approved by the CRA staff prior to commencemcnt of any work. ,,)1' the performance of any outside consultant or olltside service provider's .,hle for paying the invoices of smne. r Boynton Beach CR.\ Page 8 of 10 47S0 New Broad Srreer I .L1do, FL .\2814 I T,'I: 407.412..\:\.\0 I Fox: .'i07.421.J.\1'J I www.rnscwinc.col1l ,- We CJ"etlte lasting communities. '" V. REI ',mURSAl ': EXPENSES MS\. ,'l/ No. 07-! ; ,0800 Reilllbursa :Jle cxpcnsl'> accordance with Exhib VI. 1\ n l'!'1'lON:\ l 1\1:; ,V No. 07- (' Selyiccs Ill" specificall., work on an hourlv (el' MSC\X! for sen'ices lI1: agency regulations and: not he :1<'<'\lr:1It' or ~h(,: MSC\\I Sl'I' ices hen-ill reasoll<di, ,.ddilioll<ll appr,)\.C'll:... p:llt 0()\1> third party 'Jhjecl nr~:. . oth!'r thire! p:lny IIPI1<' witness in :1:1)' lirig:1ri(1!' or i\lSC\V\ ~(':'\'iCl~'; -;!: hom:)' 1':1"", nr hOt,,: VII. GI:~.-!UL\I, C All (, ;ellt:l'a! Cill''::' i" MS(''.V'~; C1<..\ ;.!:!s:,'; r 4750 :--:\.'W Broad 'll\."'J " ill addition to all the lump sum and homly fees above and arc charged in .." of the Master Agreement. : It VICES , D900 .luded in Section II will be performed upon Client's authorization as extra -, plus reimbursable expenses according to Exhibit "i\," Fees quoted by this Agreement arc based on the information provided by Client and on 'l,:ies in force as of the date of this :\greemcl1t. Should Client's informadon ,:h:lI1ges in these regulations and policies take place during the course of , 'h result in addition~d 1\ISCW work requirements, Client shall pay MSCW the 'if same according to I"vlSC\'v"s current hourly rates, or hourly rates as ,",; master services agreement. l\n)' service tasks that may be recluired due to .:1: J 20 r.s. Hearing Requests, l\ppeaIs to the Governor and Cabinet, and Iccsses shall be considered extra sCITices. Preparing for or scn'ing as a .:; ration, or other legal or administrative proceeding arising out of the project !: ';0 be an extra service to be paid by Client according to i\lSC\x/'s current , ;IS approved as part of 1\ISC\X/'s master services agreement. :'nONS ;' lhis agreement arc to be consistent with those originally approved under c:; Agreement and therefore have not been incorporated herein. Boymon Bench CR.-\ Page I} of 10 ',do. F L :128 I 'i I l'eI: 407,,'/22 ..3,\.\c) I hx: 4 (l7,.j 2 2. .\.11 'l I www.mscwinc.colll r r r' I~I, Api "Td and. \\',:: 1\1' .\I,INC. B..: David .\. 1'<,::. .\[ana.l'cr, 1.:11..: :)crvicc' ,; BI': \. "Skij'" . '~l1gincc' : BI': I<.cvin T : :xccuu, 475lJ : !,w Broad 5.,.. .. day of ,2007. We create Insting communities." BOYNTON BEACH CRA .. ,i\SL,\ Date ,(, . \ rchitcctural Date ..der Date "'Ilt and cO.a. By: Date Boynton Beach CR:\ Page 10 of 10 '" I.,.,,!o, FL 32814 I Tel: 407,422.:l,l,\O I Fax: 407.,j ll,.B29 I www,l11srwinc.<:ol11 Signa ture Printed Name Title r- DESIGN AND PROFESSIONAL SERVICES AGREEMENT d:. THIS IS AN AGREEMENT ("Agreement"), entered into this Jkday of J'\.}.Q.., ,between the Boynton Beach Community Redevelopment Agency, hereinafter referred to as "CRA", and MSCW, Inc., authorized to do business in the State of Florida, hereinafter referred to as the "CONSULTANT." WHEREAS, the CRA has selected CONSULTANT under the provisions of Section 287.055, Florida Statutes, the Consultants Competitive Negotiation Act; and WHEREAS, the CRA agrees to retain the CONSULTANT for design and professional services work prescribed herein in connection with various CRA projects, hereinafter called the "WORK"; and WHEREAS, this Agreement shall be considered a continuing contract as described under Section 287.055(2)(g), Florida Statutes; WHEREAS, the CRA has investigated the qualifications of the CONSULTANT to perform the WORK herein contemplated and found them satisfactory; and /' WHEREAS, the CONSULTANT has examined the scope of the WORK required hereunder and has expressed its desire and willingness to provide such design and professional services and has presented his qualifications to the CRA in support of such expressed desires; and WHEREAS, as a result of the aforementioned, the CRA agrees to enter into this Agreement with the CONSULTANT; and WHEREAS, the CRA Board has approved the selection of the CONSULTANT to perform such services, and the CONSULTANT agrees to accept employment upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the CRA agrees to employ the CONSULTANT for an unspecified term commencing on the Effective Date as defined herein, and the CONSULTANT agrees to perform al/ design and professional services in connection with the WORK, as described herein, for the total duration of this Agreement, upon the following terms and conditions; namely: r (' 1. SCOPE OF SERVICES. The CONSULTANT shall provide the following services as necessary and applicable on a continuing or rotating basis at the sole and absolute discretion of the CRA: 1. General Architectural Services - consulting and design services including conceptual, schematic, design development, construction documents, and/or construction administration for public buildings, as well as affordable housing projects and adaptive re-use and restoration of existing buildings with historic character. 2. Landscape Architecture - consulting and design services related to conceptual, schematic, design development, construction documents and/or construction administration for landscape and hardscape of public places and spaces in an urban setting including but not necessarily limited to parks, public properties, rights-of. ways and easements. 3. (..... Civil Enoineering - consulting and design services related to conceptual, schematic, design development, construction documer:lts and/or construction administration 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-ways and easements 4. Traffic Enqineerino - general traffic consulting and/or construction administration as well as conduct various traffic, trip generation, parking and other similar studies for possible future projects, or to evaluate existing conditions and project future need. 5. Marine Enqineering ~ design, construction and/or construction administration of improvements to the CRA marina property as well as other marine-related tasks. 2. GENERAL PROVISIONS. (..... 1. The CONSULTANT and eRA will negotiate a mutually agreeable separate agreement including a Scope of Work and/or Notice to Proceed to encompass CONSULTANT'S services on as as-needed basis for each project the CRA desires to use CONSULTANT'S services. Any such separate agreement shall be subject to the limits of Section 287.055, Florida Statutes. 2. The CRA reserves, at all times, the right to perform any and all design and professional services or work with other design professionals. This Agreement does not confer on the CONSULTANT any exclusive rights to CRA 2 r worl<, nor does it obligate the CRA in any manner to guarantee work for the CONSULTANT. The CONSULTANT may submit proposals for any professional seNices for which proposals may be publicly solicited by the CRA outside of this Agreement. 3. The parties agree that any future agreement for each individual project will incorporate a fee structure, as outlined in the applicable Request for Qualifications, based upon a Lump Sum Fee or an Hourly/Not to Exceed Fee. 4. The CRA agrees that it will furnish to the CONSULTANT plans and other relevant available data in the CRA files pertaining to the work to be performed as .soon as possible after execution of each separate agreement and/or issuance of each Notice to Proceed. 5. The CONSULTANT shall assist the CRA to develop a program which shall set forth the CRA's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. (' 6. The CRA, with the assistance of the CONSULTANT if requested, shall establish an overall budget for each individual project, Including the construction cost (the total cost or estimated cost to the CRA of all elements of each project designed or specified by the CONSULTANT), architectural and other sub- professional fees, relocation costs, on- and off-site improvements, the CRA's other costs and reasonable contingencies related to all of the costs. The CONSULTANT shall endeavor to design the necessary improvements within the CRA's budgetary constraints. However, CONSULTANT does not guarantee its design will be within CRA's budgetary constraints. CONSULTANT shall be compensated by CRA for any additional seNices necessary as agreed to between the parties to perform any re-design seNices if construction bids exceed CRA's budgetary constraints. Evaluations of the CRA's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the CONSULTANT, represent the CONSULTANT's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the CONSULTANT nor the CRA has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the CONSULTANT cannot and does not warrant or represent that bids or negotiated prices will not vary from the CRA's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the CONSULTANT. 7. The CONSULTANT will submit a proposal upon the CRA's request prior to the issuance of an individual project agreement, Scope of Work and/or Notice to Proceed. No payment will be made for the CONSULTANT's time and seNices in connection with the preparation of any such proposal. r 3 r 8. The CRA agrees to designate, when necessary, a representative who shall examine the documents submitted by the CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the CONSULTANTS services. 3. TERMINATION. This Agreement shall operate as a continuing contract until either party terminates this Agreement with or without cause by providing written notice to the other party at least thirty (30) days prior to requested termination date. 4. TIMING OF THE WORK. The services to be rendered by the CONSULTANT for any work shall be commenced upon written Notice to Proceed from the CRA and shall be completed within the time based on reasonable determination, stated in the Notice to Proceed. 5. COMPENSATION. The CONSULTANT agrees to negotiate an "hourly rate" fee or an hourly fee with a "not to exceed" upper limit or a lump sum amount (or a combination of the above) for WORK assigned to CONSULTANT based on the Scope of such WORK. Upon agreement of a fee, the Executive Director of the CRA or his/her designee will issue a written Notice to Proceed to the CONSULTANT. r- The fees for Professional Services for each phase of the WORK shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the eRA and the CONSULTANT and incorporated into the individual project Agreement and/or Notice to Proceed. 1. Hourly Rate Fee: The CRA agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Agreement a fee based on direct labor costs times a factor of 3.0. (The CRA will issue a purchase order for the work which will contain an estimate of total fees. Increases to original purchase orders or new purchase orders will be issued as required to allow continuation of the work.) 2. Not to Exceed Upper Limit: In cases where the scope of work can be readily defined and the level of contingency can be estimated, the CRA and the CONSULTANT will attempt to agree on an upper limit for the hourly work. Hourly rate fees will be paid for the time worked and billed up to the limit of the agreed upon "Not to Exceed" fee. The "Not to Exceed" limit will be negotiated with the CONSULTANT based upon his estimate of time and contingencies. 3. Lump Sum Fee: If this is the agreed upon option, the CONSULTANT agrees to negotiate a "Lump Sum Fee" for a particular assignment when the WORK can be clearly defined. The "Lump Sum Fee" shall be paid for the percent of work completed including expenses and services of subconsultants. The negotiated "Lump Sum Fee" will include all wages, benefits, overhead, profit, and expense for the WORK and will not be inpreased unless there is a change in the Scope of WORK. r 4 r 4. Special Subcontracting Consultants: For services and reimbursable expenses of special subcontracting consultants employed by the CONSULTANT, CRA shall pay CONSULTANT the amount billed to CONSULTANT. Coordinating fees of the CONSULTANT shall be included in the "Lump Sum Fee." Hourly rate contracts will pay for actual hours spent. If a subconsultant is added after negotiation of a "Lump Sum Fee," a 10% coordinating fee may be added to the subconsultant's fee upon written approval by the GRA. 5. For Reimbursable Expenses: A list of the allowable reimbursable expenses are detailed in Exhibit "A." No payment will be made for items not on the Exhibit. 6. PAYMENT. The CRA will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month within thirty (30) days of submittal of each invoice. The CONSULTANT shall submit invoices to the Executive Director or his/her deisgnee and provide the following information: 1. The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified by the CONSULTANT. 2. The request for payment shall include the following information: r a. b. c. d. e. f. g. h. Total Contract amount. Percent of work complete. Amount earned. Amount previously billed. Amount due this invoice. Summary of work done this billing Period. Invoices.number and date. Purchase Order number. 7. OWNERSHIP OF DOCUMENTS All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the CRA without restriction or limitation in connection with the owners use and occupancy of the project. Reuse of these documents without written agreement from the CONSULTANT shall be at the CRA'S sole risk and without liability and any legal exposure to the CONSULTANT. 8. COURT APPEARANCES, CONFERENCES AND HEARINGS Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CRA, except in consideration of additional compensation, and except for any dispute arising out of this contract. The amount of such compensation shall be mutually agreed upon receipt of written authorization from the Executive Director prior to performance of a court appearance and conference. . r 5 (" 9. AUDIT RIGHTS The CRA reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK included herein and for a period of one year after final payment is made. 10. SUBLETTING/ASSIGNMENT The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior written consent of the CRA. 11. DEFAULT In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may declare the other party in default and notify such party in writing. In such event, the CONSULTANT will only be compensated for any completed professional services. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CRA within ten (10) days after notice that said sums are due. 12. INSURANCE AND INDEMNIFICATION ,.... The CONSULTANT shall not commence WORK on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the CRA. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the CRA's representative. The Certificates shall clearly indicate that the CONSULTANT has obtained Insurance of the type, amount, and classification as required for strict compliance with this Agreement and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the CRA's representative. Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and obligations under this Agreement. CONSULTANT shall, at its sole expense, agree to maintain in full force and effeCt at all times during the life of this Agreement, insurance coverages, limits, including endorsements, as described herein. By virtue of this Agreement, CRA's indemnification obligations shall not exceed the statutory limits described within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. CONSULTANT'S liability under this Agreement shall be limited to the amount of the insurance CONSULTANT is required to maintain under this Agreement. If CRA desires additional limits of insurance coverage, CONSULTANT shall use its best efforts to obtain same. a. PROFESSIONAL LIABILITY CONSULTANT shall agree to maintain Professional Liability, or equivalent Errors & Omissions Liability at a limit of liability not less than $2,000,000 Per Occurrence. When a self-insured retention (SIR) or deductible exceeds $50,000 the CRA reserves the right, but not the obligation, to review and request a copy , r 6 r~ of CONSULTANT'S most recent annual report or audited financial statement. For policies written on a "Claims-Made" basis, CONSULTANT warrants the Retroactive Date equals or precedes the effective date of this contract (Certificate of Insurance shall specify: Retro date - Full prior acts coveraqe applies). In the event the policy is canceled, non- renewed, switched to an Occurrence Form, retroactive date advanced; or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERF) during the life of this Contract, CONSULTANT shall agree to purchase a SERF with a minimum reporting period not less than three (3) years. CONSULTANT shall agree this coverage shall be provided on a primary basis. The Certificate of Insurance must indicate whether coverage is written on an occurrence or cfaims- . made basis and must indicate the amount of any SIR or deductible. b. COMMERCIAL GENERAL LIABILITY, AUTOMOBILE LIABILITY AND WORKERS' COMPENSATION ,'" CONSULTANT shall agree to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence, CONSULTANT shall agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence for all owned, non-owned and hired automobiles. In the event CONSULTANT does not own any automobiles, the Business Auto Liability requirement shall be amended allowing CONSULTANT to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. CONSULTANT shall agree this coverage shall be provided on a primary basis. CONSULTANT shall agree to maintain during the life of this Agreement, Workers' Compensation Insurance and Employer's Liability in accordance with Florida Statute Chapter 440. CONSULTANT shall agree this coverage shall be provided on a primary basis. c. UMBRELLA OR EXCESS LIABILITY If necessary, CONSULTANT may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess liability shall have an Aggregate limit not less than the highest 'Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. The CRA shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis. CONSULTANT has agreed to and shall maintain minimum Umbrella limits of $5,000,000. d. ADDITIONAL INSURED CONSULTANT shall agree to endorse the CRA as an Additional Insured to the Commereial General Liability. The Additional Insured endorsement shall read "Boynton Beach Community Redevelopment Agency." (Project r r' \ 7 r ). CONSULTANT shall agree the Additional Insured endorsements provide coverage on a primary basis. e. WAIVER OF SUBROGATION CONSUL TANT shall agree, by entering into this Contract, to a Waiver of Subrogation for each required policy. When required by the insurer, or should a policy condition not permit an Insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONSULTANT shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation .requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONSULTANT enter into such an agreement on a pre-loss basis. f. CERTIFICATE OF INSURANCE Immediately following notification of the award of this Agreement, CONSULTANT shall agree to deliver to the CRA a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverages required by this Agreement have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage. g. RIGHT TO REVIEW r CRA, by and through its Risk Management Office, in cooperation with the contracting/hiring department, reserves the right to review, modify, reject or accept any required policies of insurance, including. limits, coverages, or endorsements, herein from time to time throughout the life' of this Contract. CRA reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. The CONSULTANT shall indemnify and save harmless and defend the CRA, its officers, agents, servants, and employees from and against any and all claims, liability, damages, losses, and/or causes of action including reasonable attorneys' fees, to the extent they may arise from any breach of contract or any negligent act, error or omission of. the CONSULTANT its officers, employees, agents, sub-consultants or anyone acting their authority and control in the performance of this Contract. The indemnity obligations of this agreement shall not apply to damages or injury to the extent caused by the negligence or willful misconduct of CRA, or its officers, employees, agents, or third parties. 13. CODES, ORDINANCES AND LAWS. The CONSULTANT agrees to abide and be governed by all CRA, County, State and Federal codes, ordinances and laws which may have a bearing on the WORK involved on this project. Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the CONSULTANT. r 8 (" 14. . HAZARDOUS SUBSTANCES. Services related to determinations involving hazardous substances or conditions, as defined by federal or state law, are limited to those tasks expressly stated in the scope of services to be entered into. In any event, CONSULTANT shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. CONSUL TANT'S services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. The CONSULTANT shall notify the CRA of hazardous substances or conditions not contemplated in the scope of services of which the CONSULTANT actually becomes aware. Upon such notice by the CONSULTANT, the CONSULTANT will stop affected portions of its services. The parties shall decide if CONSULTANT is to proceed with testing and evaluation and may enter into further agreements as to the additional scope, fee, and terms for such services. 15. 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 wfitten, with reference to the subject matter hereof that are not merged herein and superseded hereby. 16. MODIFICATION OF AGREEMENT. ,...... No alteration, change, or modification of the terms of this Agreement shall he valid unless made in writing and signed by both parties hereto, upon appropriate action by the CRA. 17. MEDIATION. The parties to this Agreement desire to avoid the expense and delay caused by the filing of lawsuits. Therefore, it is agreed that in the event of any dispute or disagreement between the parties that a jointly-selected mediator shall conduct a mediation in an effort to resolve the issue(s) with each party to pay 50% of the mediator's fees. 18. VENUE. In the event any disputes arising out of this Agreement cannot be worked out by mediation, any and all lawsuits shall be filed in the 1Slh Judicial Circuit Court in and for Palm Beach County, Florida or the Southern District Court of Florida if filed in U.S. Federal Court. 19. ATTORNEY'S FEES AND COSTS. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorney's fees and costs, Including those at the appellate level, shall be awarded to the prevailing party. (..... 9 r 20.. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 21. PRIOR AGREEMENTS. Any prior agreements between the parties that are in conflict with the provisions contained herein are, to the extent of any such conflict, hereby superceded and repealed by this Agreement. 22. NON-DISCRIMINATION. The CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, sex, age, or national origin. 23. SEVERABILITY. r If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement or the application of such terms or provisions, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this agreement shall be deemed valid and enforceable to the extent permitted by law. 24. ASSIGNMENT OF SUBCONTRACTORS. The CONSULTANT reserves the right to assign subcontractors with reasonable prior notice to the CRA Executive Director to this project to insure the quality of the job as well as on-time completion. However, the CONSULTANT shall remain responsible for the completion of the terms of this Agreement. r- 10 r 25. . NOTICE. All notices required in this Agreement shall be considered delivered when received by certified mail, return receipt requested, or personal delivery and jf sent to the CRA, shalf be mailed to: Lisa A. Bright, CRA Executive Director Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 With a copy to: Kenneth G. Spi/lias, Esq. Lewis, Longman & Walker, P.A 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, FL 33401 If sent to the CONSULTANT, shall be mailed to: MSCW, Inc. Attention: Skip Harvey 100 S.W. Albany Street, Suite 200 Stuart, Florida 34994 r With a copy to: Guy S. Haggard, Esquire Gray Robinson, P.A. 301 East Pine Street, Suite 1400 P.O. Box 3068 (32802-3068) Orlando, Florida 32801 26. PUBLIC ENTITY CRIMES SWORN STATEMENT. The CONSULTANT, by its execution of this Agreement, acknowledges and attests that neither the CONSULTANT, nor any of its suppliers, subcontractors, or consultants who shalf perform work which is intended to benefit the CRA, is a convicted vendor or, if the CONSULTANT or any of its affiliates has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. CONSULTANT further understands and accepts that this Agreement shall be either voidable by the CRA or subject to immediate termination by the CRA, either in the event there is any misrepresentation or lack of compliance with the mandates of section 287.133, Florida Statutes. CRA, in the event of such termination, shall not incur any liability to CONSULTANT for any work or materials furnished. r 11 r 27. EFFECTIVE DATE. This Agreement shall be effective as of the last date it has been executed by all parties. By authority of the CRA Board BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY WITNESS: . ~4:~~ ~ ~/j,I-(.vivt;9- r..... By: Pri Its: ~to v:..-t: Date: 4,1 Oto /tJ7 j. W/l-4-h. 9JhA 1. ~ 0" RECOMMEND APPROVAL: / (~ ) ( / , ~.' f;)l (j'\- APPROVED AS TO FORM & LEGAL SUFFICIENCY: ,. i... 1:\ClJent Documents\Boynton Beach CRA\2419-000\AgreementS\Contlnulng Contract _ Design & Professional Services 0 MSCW.doc r 12 ,. EXHIBIT "A" DESIGN AND PROFESSIONAL SERVICES AGREEMENT BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND MSCW, INC. Reimbursable expenses are charged on a direct cost basis times a multiple of 1.1. Reimbursable expenses include all copies, prints, and reproduction costs, postage and shipping; long distance calls; laboratory analysis; field kit charges; equipment rental; and expenses for travel outside a thirty (30) mile radius of the project site (to include food, transportation, lodging, tolls, and mileage). ,....... r \45700\1 - # 833236 v I (.... r r From: Pam Carpenter AI: J Rolfe Davis Ins. FaxlD: To: H VWllam Cook Date: 6/1412007 02:56 PM Page: 2 of 3 ACORD.. CERTIFICA TE OF LIABILITY INSURANCE OP 10 !?9 DATE (MMlDDIYYVVI MSCWINC 06/14/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE J Rolfe Davis Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 945255 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Maitland FL 32794-5255 Phone: 407-691-9600 INSURERS AFFORDING COVERAGE NAIC# INSURED INSLI1ER A: XL Specialty Insurance Co 37885 INSURER B (XL Environmental - PAl MSCW, Inc. INSURER c. 4750 New Broad st., ste 100 INSURER 0: Orlando FL 32814 INSURER E: COVERAGES 1lE POl.ICIES OF INSURANCE liSTED BELOW HAVE BEEN ISSUED TO ll-lE INSURED NAMED ABOVE FOR THE POLICY PERIOD I~OICATED. N07WllHSTANDING /W'I REOlJIREMENT. TERM OR CONDITION OF AJ~Y CONTRACT OR Oll-lER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURJlNCE AFFORDED BY ll-lE POliCIES DESCRIBED HEREIN IS sue.!:CT TO AlL THE TERMS. EXCLUSIONS AND CCoNDmOlo/S Cf' SUCH POliCIES. AGGREGATE liMITS SHOVlIN MAY Hl\VE BEEN REDUCED BY PAID CLAIMS. LTR INSRI TVPE OF INSURANCE POLICY NUMBER DATE IMM/DDIYY) DA~~'1r,w;'" lIMITS GENERAl LIABILITY EACH OCCURRENCE $ "-- CDM\1ERCIAL GENERAL lIABILITY rnEMISES IE. oc~7;onco) $ "-- ~ a.AJMS w.De 0 OCCUR t-- MED EXP (Anyon< porsonl $ PERSO/>ll\l. & PDV INJURY $ GENERAL AGGREGi\ TE $ GENt AGGREGATE lIMIT APPLIES PER: PRODUCTS. COMP'OP AGG $ I POliCY n ~8T nlOC AUTOMOBILE LIABiliTY COMBINED SINGLE lIMIT - $ IWY AUTO (Eo accident) - All OWNED AUTOS BODIL Y INJURY I-- $ SCHEDU.ED AUTOS IPo, po"on) t-- HIRED AUTOS BODIL Y INJl$IY - $ NOIi.OWNED AUTOS (Per 8CCldsr1.) - - PROPERTY DAlMGE $ (Por accidanl) GARAGE LIABILITY AUTO ONl Y - EA ACCIDENT $ ~ IWY AUTO OTHER THAN EAACC $ AUTO ONl y. AGG $ EXCESSIUMBRELLA liABilITY EACH OCCURREN>:E $ tJ OCCUl o CLAIMS WIDE AGGREGATE $ $ R=E $ $ $ WORl<ERS COMPENSATION AND 1rO'R'v LIMI1S I IUEit EMPLOYERS' LIABilITY E L. EACH ACCIDENT $ MY PROPRIETORIPAATNERfEXECUTIVE Cf'FICERlMEMBER EXClUDED? E.L. DISEASE - EA EMPLOYEE $ ~~e~SP:o'(A~~s bokM E.L. DISEASE - POLICY lIMIT $ OTHER A PrOfessional Liab DPR9602461 10/01/06 10/01/07 Per Claim 2000000 Claims Made Aggregate 2000000 OESCR PTlON OF OPERAll0NS IlOCA"TIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENi I SPECIAL PROVISIONS * Except as required by Florida statute. $50,000 Retention. CERTIFICATE HOLDER CANCELLATION BOYNBEA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRAll0N DATE THEREOF, "THE ISSUING INSURER WILL ENDEAVOR TO MAlL 10 * DAYS WRITlCN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAilURE TO DO SO SHALL IMPOSE NO OBLIGATION DR lIABILITY OF AN'( KIND UPON THE INSURER, irS AGENTS DR REPRESENiATlVES. I2E REPRESENT A llVE Boynton Beach Regevelopment Agency Attn: Executiv~ Director 915 S. Federal Highway Boynton Beach FL 33435 @ ACORD CORPORATION 1988 ACORD 25 (2001108) r- r r Jun 14 07 03:24p ROBBY STANFORD STATE FARM p.2 CERTIFICATE OF INSURANCE This certifies that 0 STATE FARM FIRE AND CASUALTY COMPANY, Bloominglon, Illinois o STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois o STATE FARM FIRE AND CASUALTY COMPANY, Aurora, Ontario o STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida o STATE FARM LLOYDS, Dallas, Texas Insures the following policyholder for the coverages indicaled below: Policyholder HSCW, INC Address of policyholder Location of operations Descripllon of operations 4750 NEW BROAD STREET ORLP.NDO, FL 32814 COMNUN!TY PLA..'INERS I DES IGNERS 6. ENGINEERNS The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in Ihese policies is subject to al/ the terms, exclusions, and condilions of those policies. The limits of liability shown may have been reduced by any paid claims. POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date : Expiration Dale (at beginning of policy period) 98-97-9571-2 B Comprehensive 10-16-06 , 10-:'6-07 BODILY INJURY AND Business Liabilily : PROPERTY DAMAGE ................. -..... -.. ..... ..--..-...-.... l':jProducts': 'Co'mpletec:(Operaiions'" --. -.... ....-..., -...... 1l1is insurance includes: 181 Contractual Liability Each Occurrence $ 1,000,000 181 Persona/Injury 18I Advertising Injury General Aggregate S 2,000,000 0 0 Products - Co.mpleled S 0 Operations Aggregate POLICY PERIOD BODlL Y INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date : expiration Date (Combined Single limit) 98-N2-3361-8 B 181 Umbrella 10/07/06 , lO/07/e7 Each Occurrence $ 5,000,000 , o Other , Aggrega1e $ , POLICY PERIOD Part I - Workers Compensalion - Statulory Effective Date , Expiration Date 9B-TJ-1704-9 f Workers' Compensation 10/07/06 10/07/07 Part I' - Employers Liability and Employers Liability Eqch Accident S 1, 000, 000 Disease - Each Employee $ 1 , 000, 000 Disease - Policy Limit $1,000,000 POLICY PERIOD LIM1TS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date i Expiration Date (at beginning of polley period) : , , , : THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certificate Holder Executive Jirector Boyntcn 3each Community Redevelopment Age~cy 915 S.Federal Highway Boynton 3each, FL 33435 If any of 1he described policies are canceled before their expiraUon dale, Stale Farm will try 10 mail a wrltten notice to the certificate holder 30 days before cancellation, If however, we fall to maR such notice, no gation or liability wi:~~l~POSed 0}17t Farm ~. 'ts g.~n~ orreLesen:;.r;.Yrl~ Signature of AuthoJized Representative AGENT 06-14-07 Title Dale ROBBY STA..'lJFORD Agent Name Telephone Number 407-27)-1460 Agent's Code Stamp Agent Code 202 B 558.994 a.6 P1nted i~ U.SA Rov.05.09',1006 AFO Code E"352 r r r Jun 14 07 03:25p ROBBY STANFORD STATE FARM p.5 CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRIITEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: 18l STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, rlfinols o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois o STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas o STATE FARM INDEMNITY COMPANY of Bloomington, f/[Inois, or o STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage In force 'for the following Named Insured as shown below: NAMED INSURED: MSC~I. Inc. ADDRESS OF NAMED INSURED: 4750 New Broad Street, Orlando, ::L 32814 POLICY NUMBER 2942619E3059K 29q2625E3059~ 29~2626E3059J 2942629E3059J EFFECTIVE DATE ! 05/30/07-11/30/07 OF POLICY 05/30/07-11/30/07 05/30/07-11/30/07 05/30/07-11/30/07 DESCRIPTION OF 2007 TOYOTA 2007 3MW 2007 TCYOTA 2007 JEEP 4 RONNE:t ; 5501 HIGHLANDER HYEYRD COMMANDER VEHICLE (Including VlN) JTE3Ul~R2701L8424 WEAN3535X7CP05916 JTEEW21A9700~0056 lJ8HG58P97C584736 LIABILITY COVERAGE IZI YES DNO [gJ YES DNO IZI YES DNO ~YES DNO LIMITS OF LIABILITY a. Bodny Injury Each Person Each Accident b, Property Damage Each Acddent c. Bodily Injury & ! Property Damage Single LImit Each Acddenl L 000, 000 1,000,000 l,-:JO:::, GOO 1,OOJ,OOO PHYSICAL DAMAGE IZI YES o NO 18l YES DNO : IZI YES DNO !8l YES DNO COVERAGES a. Comorehensille $ 100 Oed uclible $ 100 Deductible i $ 100 Deductible $100 DedlJctlble (8J YES DNO (8] YES DNO IZl YES DNO I8l YES DNO b. Collision $ 500 Deductible $ 500 Deductible $ 500 Deductible $ 500 Deductible EMPLOYERS NON-OWNED r8J YES DNO [8) YES DNO IZl YES DNO !81 YES DNO CAR LIABILITY COVERAGE HIRED CAR LIABILITY r8J YES DNO C8J YES DNO r8J YES DNO t8J YES DND COVERAGE FlEEi. COVERAGE FOR All OVVNEOANO UCl:NSED DYES ~NO DYES [gj NO DYES DNO DYES IZI NO MOTOR VEHICLES fM;^".~" !.!.i::: / .l\gent 59-2028 06/14/07 Title Agent's Code Number Dale Name and Address of Certificate Holder Executive Jirector Boynton Beac~ Communi~y Redevelopment Agency 915 S.Federal H~ghway Boyr.ton Beac~, FL 33435 Name and Address of AQenl Robert C. Stanford State Fa=m Insuran~e 7620 Lake Under~i11 Road ~r1ando, FL 32822 INTERNAL STATE FARM USE ONL Y: 0 Request pennanenl Certificate of Insurance for Iiabllily coverage, 122429.3 Rev. 07.26-2005 ~ Request Certificate Holder to be added as an Addilionallnsured, Jun 14 07 03:24p ROBBY STANFORD STATE FARM p.3 r....... CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that ~ STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois o STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas o STATE FARM INDEMNITY COMPANY of Bloomington, illinois, or o STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: NAMED INSURED: MSC{~, Inc. ADDRESS OF NAMED INSURED: 4750 New 3road Street, Orlando, FL 32814 POLICY NUMBER 3431136E30591 2942641E:3059H 3155:J28E3059r 29<12E45E30591 EFFECTIVE DATE OF POLICY 05/30/07-:1/30/07 05/30/07-11/30/07 05/30/07-11/30/07 05/30/07-11/30/07 2003 TOYOTA : DESCRIPTION OF 2[;05 FORD EXPL 2004 TOYOTA 4 RUN TACQ['IA 2005 FORD EXP VEHICLE (Including VIN) lPMZU73E65UB39105 ~EBU14R048027003 STEPM62N73Z296623 i 1FY.PU16575LAJOO56 LIABILITY COVERAGE ~YES DNO rgJYES DNO ~YES DNO [8J YES DNO LIMITS OF LIABILITY a Bodily Injury Each Person Each Accident b. Property Damage Each Accident c. Bodily Injury & Property Damage Single Umll 1,000,000 1,000,::00 Each Accident 1,000,000 1,000,000 PHYSICAL DAMAGE [8J YES DNO [8J YES oNO 181 YES DNO 181 YES DNO COVERAGES B. Comorehenslve $ 100 D~uctlble $ 100 Deductible $ 100 Deductible $100 Deductibre [8] YES DNO ('gI YES DNa 181 YES DNO I8J YES DNO b. Collision $ 500 Deductible $ SOD Deductible $ 500 Deductible $ 500 DeducUble EMPLOYERS NON-OWNED IE) YES DNO [8J YES DNO 18l YES DNO l8J YES DNO CAR LIABILITY COVERAGE HIRED CAR LIABILITY I8J YES DNO I8J YES DNa I8J YES DNO ~YES DNO COVERAGE FLEET. COVERAGE FOR ~~WNEDANDUCENSED DYES ~NO DYES i:EJ N a DYES !ZJ NO DYES 181 NO M R VEHICLES J!lri~7 - lv Jwftl (. Agent 59-202E 06/14/07 -':!l'<< nature of Authorized Re resenlative Title Agent's Code Number Date r..... g p Name and Address of Certificate Holder Exe~utive Director Boynton Beach Commcnity Redevelopment Agency 915 S.Federa: Highway Boynton Beach, F~ 33435 Name and Address of Aoent I Robe~t C. stanford I State t"arm Insurance i 7620 La ke U:lderbill ~oad . Orlandc. FL 32822 , INTERNAL STATE FARM USE ONLY: r 0 Request permanent CertIficate of Jnsurance for liability coverage. 122429.3 RVI. 07-25.2005 ~ Requesl Certificate Holdsr to be added as an Additional Insured. r r...... ,...... ,..... Jun 14 07 03:24p ROBBY STANFORD STATE FARM p.4 CERTIFICATE OF 'NSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that IZl STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, illinois o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, fIIinois o STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Daflas, Texas o STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or . 0 STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: NAMED INSURED: MSC~), Inc. ADDRESS OF NAMED INSURED: 4750 New Broad Street, Orlando, FL 32814 POLICY NUMBER 2942608E3059K 2942613E3059r 2942cHE3059L 3395854E3CS9H EFFECTIVE DATE OF POLICY C5/30/0]-11/30!07 05/30/07-11/30/07 05/30/:7-1113C/C7 05/30/07-11/30/07 2007 FORO DESCRIPTION OF 2006 LEXUS RX330 EXPEOJ:TlON 2006 LEX:JS RX330 2006 FORD EXPL VEHICLE (Including VIN) 2T2HA31U86C096246 IFMFU17547LA14669 2T2GP.31U76C046B40 lFMEU73E36UA3252B LIABILITY COVERAGE IZJ YES DNa [8J YES DNO ' 18I YES DNO (2] YES DNO LIMITS OF LIABILITY a. Bodily InJUry Each Person Each Accident b. Property Damage Each Accident o. Bodily Injury & Property Damage Single Limit Each Accident 1,000,000 1,000,000 1,000,000 1,000,000 PHYSICAL DAMAGE IZl YES DNO [8J YES DNO [ZJ YES DNO [8J YES DNO COVERAGES a. Comnrehensive S 10C Deductlble $ 100 Deductible $ 100 Deductible $ 100 Deductible L2$I YES DNO [gI YES DNO [g] YES DNO [g] YES DNa b. Collision S 500 Deductible $ 500 Deductible $ 500 Deductible $ 500 Deductible EMPLOYERS NON-OWNED 1ZI YES DNO l I8l YES DNO lZI YES DNO I8l YES DNO CAR LIABILITY COVERAGE HIRED CAR LIABILITY IZl YES DNO I8l YES DNO t8J YES DNO I:8J YES DNO COVERAGE FLEET. COVERAGE FOR It11J YES -' r21NO A~~EDANDUCENSED DYES I8J NO DYES DNO DYES !81 NO R VEHICLES ,. ~~ L- ~i~fr.v / Agent 59-2028 06/14/07 Signature 0/ Authorized Representative Name and Address of CertifiCate Holder Executive Director Boynton Beach Community Redevelopment Agency 915 S.Federal Highway Boynton Beach, FL 33435 Tille Agenl s Code Number Name and Address of Aoent Date Robert C. Stanford State Farm Insu=ance 7620 Lake Underhill Road Orlando, FL 32B22 INTERNAL STATE FARM USE ONLY: 0 Request permanent Certificate of Insurance for liability coverage. 122429.3 ReV'. 07-26-2005 I8l Request Certificate Holder to be added as an Additional Insured. Jun 14 07 03:26p ROBBY STANFORD STATE FARM p.6 .......... I CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that [gj STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington. Illinois o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois o STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas o STATE FARM INDEMNITY COMPANY of Bloomington, illinois, or o STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in Force for the following Named Insured as shown below: NAMED INSURED; ~SCI~, Ir.c. ADDRESS OF NAMED INSURED: 4750 New Broad Street, Orlanco, !'"L 32814 POLICY NUMBER 29<.12630E3059I 2942632E30590 294263SE3059H 2942638E3059j EFFECTIVE DATE OF POLICY 05/30/07-11/30/07 C5/30/07-11/JO/07 05/30/07-11/30/07 05/30/07-11/30107 DESCRIPTION OF 2002 FORD EXPL 2005 FORD 500 1998 TOYOTA TACO 200<.1 G:-rc El\VOi' VEHICLE (Including VIN) lFMZU73E72UA~5306 1~AF~2B1J5G196S~9 4TAWM72N7WZ031097 1GKES12PS46206635 LIABILITY COVERAGE I8J YES DNO ~YES DNO ~YES ONO IBJ YES DNa LIMITS OF LIABILITY a. Bodily Injury Each Person Each Accident b. Property Damage Each Accldent c. Bodily Injury & ! Property Damage Single Limit Each Accldent 1,000,0:::0 1,000,0::>0 1,000,000 1,000,000 PHYSICAL DAMAGE IE:! YES DNa , ~YES DNO ~YES ONO [gj YES DNa COVERAGES ! a. COrTlorehensive $ :00 Oeducllble $ 100 Deductible $ 100 Deduclible $ 100 Deduc:lible [gj YES DNO . ~YES DNO l?5J YES DNO cgj YES DNO b. Collision $ 500 Deductible i $ 500 Deductible $ 500 Deducllble S 500 Deductible EMPLOYERS NON-QWNED !2S1 YES DNO [8} YES DNO (8J YES DNO ~YES DNO CAR LIABILln' COVERAGE HIRED CAR LIABILITY ~YES DNO [g) YES DNa (8J YES DNa ~YES DNa COVERAGE FlEET. COVERAGE FOR ALLOWNEOAND UCENSED DYES ~NO DYES ~NO DYES t2$J NO DYES [gI NO UQTOR VEHICLES .. l~ mAI:riz'd~!L::' / Agent 59-2028 06/14/07 Title Agenl's Code Number Dale r Name and Address of Certificate Holder 'Executive Director Boynton Beach Co~unity Redevelop~ent Agency i 915 S, Federal Highway Boynton eeach, FL 33435 Name and Address of Aaenl Robert C. Stanford State Farm Insurance 7620 Lake Underhill Road Orlando, FL 32322 INTERNAL STATE FARM USE ONLY: '0 Request permanent Certiricate of Insurance for liability coverage. t22429.3 Rev. 07.26.2005 !81 Request Certificate Holder to be added as an Additional Insured. r (' East Side-West S',de-Seaside Renaissance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August 14,2007 I Consent Agenda I Old Business I X I New Business Public Hearing Other SUBJECT: Consideration of Work Order #1 Under Continuing Contract with Kimley-Hom in the Amount of $255,000 for besign of Seacrest Blvd. .' SUMMARY: In June 2007 the CRA Board voted to enter into ,a continuing contract with Kimley- Horn. Attached is the first work order under that contract. The scope of the work order includes designing and drafting 100% engineering and construction plans for streetscape along Seacrest Blvd. from Boynton Beach Blvd. north to the canal at 13th Avenue. (' Under the prior director, the CRA had contracted for 30% plans for Seacrest under Burkhardt's contract for construction ofthe Boynton Beach Blvd. extension and Promenade. However, it was the opinion of the CRA attorney that the Seacrest scope of work could not be added to Burkhardt's contract and must be re-bid. The prior CRA director requested the Seacrest streetscape scope go from Boynton Beach Blvd. to Martin Luther King Jr Blvd. CRA staff recommends that the streetscape be expanded to continue north to its natural boundary; the SFWMD canal which is also the CRA boundary. Streetscape elements will include street trees, pavers at intersections, planting bulb-outs and trolley stops. It is the intention of staff that the streetscape work could begin simultaneously with the construction of the Ocean Breeze project. FISCAL IMPACT: $255,000 to come from Bond II. RECOMMENDATIONS: Approve Work Order #1 under the continuing contract with IGmley-Ho ~d' Assistant Director ("... C:\Documents and Settings\melissaa\Local Settin9s\Temporary Internet Files\OLK1 05\Work Order #1 KH Seacrest.doc r ~J=~ (.... r Kimley.Horn and Associates, Inc. July 12, 2007 . Suite 109 5200 N.w. 33rd Avenue Ft. Lauderdale, Florida 33309 Ms. Vivian Brooks Planning Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, Florida 33435 Re: Seacrest Boulevard (from Boynton Beach Blvd to Boynton Canal) Proposal for Professional Consulting Services Dear Vivian: After our successful selection to provide design and professional services for the Boynton Beach CRA, Kimley-Hom and Associates, Inc. (KHA) is pleased to submit this proposal to complete the design and permitting of Seacrest Boulevard. To datc our services have included the development of 30% design documents from Boynton Beach Blvd to MLK Boulevard. These documents have defined the proposed roadway cross section, identified proposed planting materials, and defined the proposed median openings. The CRA has now requested that we continue our efforts and move the project forward by completing the current design, adding an additional segment between MLK Boulevard to the Boynton Canal, and improving the area behind the back of curbs with new sidewalks, landscaping, and street lighting. I have attachcd the aforementioned scope and fee for your review and comment. We look forward to continue working with you on this exciting project. Cordially, ASSOCIA TES, INC. . TEL 954 535 5100 FAX 954 739 2247 r r r :J=~ Kimley-Horn and Associates, Inc. Boynton Heach eRA, July 10. 2()()7. Page 2 SCOPE OF SERVICES Task 1 - Additional Survey 1.0 Seacrest Boulevard The consultant shall obtain additional survey infonnation that identifies the topographic features of NW 5th Court and NW 9th Court for one block west of Seacrest Boulevard. This survey will be utilized for the design of the road closures at these locations. Additionally, the consultant shall obtain the additional topographic survey for the Seacrest Boulevard right-of-way between MLK Boulevard and the Boynton Canal. These surveys will include the location of surface features, inverts and locations of stann/sanitary structures. Task 2 - Construction Documents (60% and Final) Based upon the approved Design Development alignment (30(10 plans), the Consultant will proceed with construction documents (60% plan sets). Upon review and approval by the CRA, the Consultant will proceed to Final Construction Documents. Construction documents for each roadway will be developed separately and may include the following: 2.1 Cover Sheet A cover sheet utilizing the standard Boynton Beach CRA cover sheet will be provided. 2.2 Survey Sheets Survey sheets detailing survey information obtained for the 30% plans with the additional survey required in Section 1.0 of this proposal will be provided. 2.3 Storm Water PoUution Prevention Plan A storm water pollution prevention plan shall be provided. 2.4 Typical Roadway Sections Typical sections will be prepared, detailing the proposed work for mainline and cross street construction. 2.5 Plan and Proflle Sheets Horizontal alignments and geometric improvements will be detailed on the plan sheets. Proposed mainline and cross street vertical profile grades will be detailed on the plan sheets. r :J=~ r r- Kimley-Horn and Associates, Inc. Boynton Beach eRA. July 10, 2007. po.ge 3 2.6 General Notes General notes defining the basis of design and construction requirements will be provided. 2.7 Landscape, Hardscape and Irrigation Improvements Landscape and irrigation layouts will be provided as outlined within the approved Design Development submittal. Included will be the mainline layout of the irrigation system for the project. Details of hardscape elements will also be provided. In addition to the current plans, the CRA has indicated that they would like to have additional landscape trees, sidewalks, and lighting added along both sides of the roadway. 2.8 Intersection Improvements There is one intersection that will be improved as part of this project; Seacrest Blvd and NE lOth Ave. The geometry of this intersection will be evaluated and enhanced where necessary. Aesthetic improvements will also be developed. 2.9 Miscellaneous Construction Details These sheets will provide construction details, which are not included in the Florida Department of Transportation Standard Indexes, or City of Boynton Beach details. 2.10 Signing and Pavement Marking Plans Construction plan sheets indicating typical signing and pavement marking applications to be applied within the project limits will be provided in the plan set. Construction Plan set summary of estimated sheets: Seacrest Blvd. Cover Sheet I Survey Sheets 5 Tvpical Sections I SW3P Plan 5 Plan and Profile Sheets 5 (Roadway) Geneml Notes I Miscellaneous I Construction Details Signing and Pavement 5 Marking Plans Landscape Horizontal 5 CoiItrol Plans Intersection and Area 3 /..... CJ=~ r r Kimley-Horn and Associates, Inc. 1l0)'TI10n l3each eRA. July 10.2007. Page 4 Enlargements Irrigation Plans and 3 Det.,ils Electrical Street 5 Lighting Plans Total Number of Sheets 40 The Consultant will provide 5 copies of the construction document plan sets to the CRA for distribution to the appropriate departments for their review at the 60% submittal. After sufficient review time, a meeting will be scheduled with CRA to review the final design plans and then proceed into final design. Any modifications to the plans after the 60% submittal by the CRA will be completed as an additional service. Task 3 - Specifications It is intended that the Florida Department of Transportation techn ical Specifications be used for this project. Supplemental Technical Specifications will be prepared by the Engineer that will address construction elements not addressed in said standard technical specifications or that are induded but require modifications to make them project specific. These Supplemental specifications will be forwarded to the eRA for review and approval. Task 4 - Permit Submittals All pennit fees will be paid directly by the CRA and are not included in the lump sum fees. Any significant plan revisions caused by changing agency criteria after our initial design is reviewed with each appropriate agency and similar factors outside the consultant's control, additional meetings or coordination "viII be considered as Additional Services. It is anticipated that permits will be required for this phase of the improvements from the following agencies: 4.1 South Florida Water Managemelll District (SFWMD) 4.2 Florida Department afTransportation (FDOT) 4.3 Palm Beach County Engineering 4.4 Bo)'nton Beach Engineering Task 5 - Public Meetings and Presentations Our proposal includes attendance at one Public meeting (CRA Board Meeting) in addition to the meetings that are described within the above tasks. The consultant shall prepare graphics for and present the plans to the CRA board at the completion of the constlUction documents. The intent of this meeting is to review the proposed improvements as well as discuss the project cost and schedule. ~..... CJ=~ (.... . r Kimley-Horn and Associates, Inc. Boynton Beach eRA. July 10. 2007. Page 5 Task 6- Limited Construction Phase Services (12 Month Duration) 6.1 - Attend Project Meetings The Consultant will attend one pre-construction conference meeting and one progress review meeting per month. The intent of the progress review meeting is to address questions that have developed regarding the construction documents and assist with assessing the project schedule and progress. 6.2 - Review Shop Drawings The Consultant shall review and approve or take other appropriate action in respect to Shop Drawings (as that term is defined in the General Conditions of each construction contract) and Samples and other data which the Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such review and approvals or other action will not extend to means, methods. techniques. equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. Engineering services are not included in this proposal for private utility shop drawing review. The Consultant shall evaluate and detennine the acceptability of substitute or "or- equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. Additional, the consultant shall attend meetings with the contractor to review the proposed landscape material at nurseries. During these meetings, the Consultant shall apply a tag on the plant material that tbe contractor shall install along the project corridor. This effort shall be limited to three days. 6.3 Resident Project Representation A Resident Project Representative ("RPR") shall be furnished by the Consultant and shall act as directed by the Consultant in order to assist the Consultant in observing performance of the work of the Contractor(s). The duties, responsibilities, and limitations on the authority of the RPR and assistants will be in accordance with the sections ofEJCDC Document No. 1910-1 (1996 Edition) associated with this issue. The RPR shaH visit the site for up to five (5) hours per week for up to fifty (50) weeks at the various stages of construction to observe the progress and quality of the executed work of the Contractor(s) and to detennine if such work is proceeding in accordance with the contract documents for the construction of the improvements (the "Contract Documents"). The RPR shall not bc responsible for the means, methods, techniques, sequences, or procedures of construction selectcd by'contractor(s) or the safety precautions and programs incident to the work of ~... ~J=~ (' r.... Kimley-Horn and Associates. Inc. Boynton !leach CR...., July 10. 2007. Page 6 Contractor(s). The RPR's efforts will be directed toward providing the CRA with a greater degree of confidence that the completed work of Contractor(s) will conform to the Contract Documents. The RPR shall not be responsible for the failure of Contractor(s) to perform the work in accordance with the Contract Documents. During such visits and on the basis of on-site observations, the Consultant shall keep the CRA informed of the progress of the work. shall endeavor to protect the CRA against defects and detlciencies in such work. and may disapprove or reject work if it fails to conform to the Contract Documents. The Consultant shall perform the observations in accordance with the standard of care of the profession at the time of service. The RPR shall prepare and submit monthly reports of the field visits describing the general working conditions. areas of construction activity, tests performed, and special and unusual events. 6.4 - Contract Administration The Consultant shall issue clarifications and interpretations of the Contract Documents to Contractor as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of the Contract Documents. Field Orders authorizing variations from the requirements of the Contract Documents will be made by CRA. 6.5 - Project Close-Out Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with CRA and Contractor, the Consultant shall conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of the items with the exception of those identified on a final punch list. If after considering any objections of CRA, Consultant considers the Work substantially complete; Consultant shall notify eRA and Contractor. The Consultant shall conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list. The Consultant shall not be responsible for the acts or omissions of any Conrrdctor, or of any of their subcontractors, suppliers, or of any other individual or entity perfonning or furnishing the Work. Consultant shall not have the authority or responsibility to stop the work of any Contractor. CJ=~ (' (.... r-..... Kimley-Horn and. Associates, Inc. Boynlon Heach eRA. July 10.2007. Page 7 ADDITIONAL SERVICES Upon your authorization, we will provide any additional services that may be required beyond those described in Task 1 through 6. These services may include but are not limited to such items as the following: . Preparation of right of way acquisition sketches or descriptions. . Significant redesigns of the drainage system to meet additional requirements caused by changing agency criteria after our initial design is reviewed with each appropriate agency and similar factors outside the consultant's control. . Making additional traffic counts or undertaking other traffic related analysis. . Traffic signal plans. . NE 2nd Avenue Plans. COMPENSA TION We will provide the scope of services as described as outlined below. Basic Services Lump Sum Amounts Seacrest Boulevard $22,000 $130,000 $14,000 $28,000 3,000 $58,000 Task I - Survey Task 2 - Construction Documents Task 3 - Specifications Task 4 - Permit Submittals Task 5 - Public Meetings I Presentations Task 6 - Limited Post Design Services Total $255,000 CLOSURE In addition to the matters set forth herein. our agreement shall include, and shall be subject to, the Design and Professional Services Agreement dated June 28, 2007 between Kimley-Horn and Associates, Inc. and the Boynton Beach CRA. If you concur in the foregoing and wish to direct KHA to proceed with the aforementioned services, please execute the enclosed copy of this letter agreement in the space provided and return the same to the undersigned. Fees and times stated in this agreement are valid for sixty (60) days after the dale of agreement by the Consultant. r , r r :J=~ Kimley-Horn and Associates, Inc. Boynton Beach eRA. July 10,2007. P.dge S We appreciate this opportunity to submit this proposal. Please contact me at (954) 535-5100 if you have any questions. Sincerely, AND ASSOCIATES, INC. Agreed to this ,2006 day of Boynton Beach CRA By: , Chairperson (Print or Type Name) Recommended Approval: , Executive Director (Print or Type Name) Approved to Form and Legal Sufficiency: . CRA Attorney (Print or Type Name) C:\Documents and SeUings\Russell. Bames\M y f)ocumcnl;\~copcfinalscacrcslblvdbbblocanal.doc r- DESIGN AND PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT ("Agreemenf'), entered into this d...tday of rj jJ.jp _ ,between the Boynton Beach Community Redevelopment Agency, hereinafter referred to as "CRA", and Kimley-Horn and Associates, Inc., authorized to do business in the State of Florida, hereinafter referred to as the "CONSULTANT." WHEREAS, the CRA has selected CONSULTANT under the provisions of Section 287.055, Florida Statutes, the Consultants Competitive Negotiation Act; and WHEREAS, the CRA agrees to retain the CONSULTANT for design and professional seNices work prescribed herein in connection with various CRA projects, hereinafter called the "WORK"; and WHEREAS, this Agreement shall be considered a continuing contract as described under Section 287.055(2)(g), Florida Statutes; WHEREAS, the CRA has investigated the qualifications of the CONSULTANT to perform the WORK herein contemplated and found them satisfactory; and ,.... WHEREAS, the CONSULTANT has examined the scope of the WORK required hereunder and has expressed its desire and willingness to provide such design and professional seNices and has. presented his qualifications to the CRA in support of such expressed desires; and WHEREAS, as a result of the aforementioned, the CRA agrees to enter into this Agreement with the CONSULTANT; and WHEREAS, the CRA Board has approved the selection of the CONSULTANT to perform such seNices, and the CONSULTANT agrees to accept employment upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the CRA agrees to employ the CONSULTANT for an unspecified term commencing on the Effective Date as defined herein, and the CONSULTANT agrees to perform all design and professional seNices in connection with the WORK, as described herein, for the total duration of this Agreement, upon the following terms and conditions; namely: r r 1. SCOPE OF SERVICES. The CONSULTANT shall provide the following services as necessary and applicable on a continuing or rotating basis at the sole and absolute discretion of the CRA: 1. General Architectural Services - consulting and design services including conceptual, schematic, design development, construction documents, and/or construction administration tor public buildings, as well as affordable housing projects and adaptive re-use and restoration of existing buildings with historic character. 2. Landscape Architecture - consulting and design services related to conceptual, schematic, design development, construction documents and/or construction administration for landscape and hardscape of public places and spaces in an urban setting including but not necessarily limited to parks, public properties, rights-of- ways and easements. 3. Civil Enqineerinq - consulting and design services related to conceptual, schematic, design development, construction documents and/or construction administration for various projects that require paving, storm drainage, sanitary sewer, potable water, fire protection and other related improvements tor public places and spaces in an urban setting including but not necessarily limited to parks, public properties, rights-ot-ways and easements (" 4. Traffic Enqineerinq - general traffic consulting and/or construction administration as well as conduct various traffic, trip generation, parking and other similar studies tor possible future projects, or to evaluate existing conditions and project future need. 5. Marine Enqineerinq - design, construction and/or construction administration ot improvements to the CRA marina property as well as other marine-related tasks. 2. GENERAL PROVISIONS. (' 1. The CONSULTANT and eRA will negotiate a mutually agreeable separate agreement including a Scope of Work and/or Notice to Proceed to encompass CONSULTANT'S services on as as-needed basis for each project the CRA desires to use CONSULTANT'S services. Any such separate agreement shall be subject to the limits of Section 287.055, Florida Statutes. 2. The CRA reserves, at all times, the right to perform any and all design and professional services or work with other design professionals. This AgreemerTt does not confer on the CONSULTANT any exclusive rights to CRA 2 (-... . work, nor does it obligate the CRA in any manner to guarantee work for the CONSULTANT. The CONSULTANT may submit proposals for any professional services for which proposals may be publicly solicited by the CRA outside of this Agreement. 3. The parties agree that any future agreement for each individual project will incorporate a fee structure, as outlined in the applicable Request for Qualifications, based upon a Lump Sum Fee or an Hourly/Not to Exceed Fee. 4. The CRA agrees that it will furnish to the CONSULTANT plans and other relevant available data in the CRA files pertaining to the work to be performed as soon as possible after execution of each separate agreement and/or issuance of each Notice to Proceed. 5. The CONSULTANT shall assist the CRA to develop a program which shall set forth the CRA's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. (' 6. The CRA, with the assistance of the CONSULTANT if requested, shall establish an overall budget for each individual project, including the construction cost (the total cost or estimated cost to the CRA of all elements of each project designed or specified by the CONSULTANT), architectural and other sub- professional fees, relocation costs, on- and off-site improvements, the CRA's other costs and reasonable contingencies related to all of the costs. The CONSULTANT shall endeavor to design the necessary improvements within the CRA's budgetary constraints. However, CONSULTANT does not guarantee its design will be within CRA's budgetary constraints. CONSULTANT shall be compensated by CRA for any additional services necessary as agreed to between the parties to perform any re-design services if construction bids exceed CRA's budgetary constraints. Evaluations of the CRA's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the CONSULTANT, represent the CONSULTANT's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the CONSULTANT nor the CRA has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the CONSULTANT cannot and does not warrant or represent that bids or negotiated prices will not vary from the CRA's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the CONSULTANT. 7. The CONSULTANT will submit a proposal upon the CRA's request prior to the issuance of an individual project agreement, Scope of Work and/or Notice to Proceed. No payment will be made for the CONSULTANT's time and services in connection with the preparation of any such proposal. (' 3 r ~ 8. The CRA agrees to designate, when necessary, a representative who shall examine the documents submitted by the CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the CONSULTANTS services. 3. TERMINATION. This Agreement shall operate as a continuing contract until either party terminates this Agreement with or without cause by providing written notice to the other party at least thirty (30) days prior to requested termination date. 4. TIMING OF THE WORK. The services to be rendered by the CONSULTANT for any work shall be commenced upon written Notice to Proceed from the CRA and shall be completed within the time based on reasonable determination, stated in the Notice to Proceed. 5. COMPENSATION. The CONSULTANT agrees to negotiate an "hourly rate" fee or an hourly fee with a "not to exceed" upper limit or a lump sum amount (or a combination of the above) for WORK assigned to CONSULTANT based on the Scope of such WORK. Upon agreement of a fee, the Executive Director of the CRA or his/her designee will issue a written Notice to Proceed to the CONSULTANT. r The fees for Professional Services for each phase of the WORK shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CRA and the CONSULTANT and incorporated into the individual project Agreement and/or Notice to Proceed. 1. Hourly Rate Fee: The CRA agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Agreement a fee based on direct labor costs times a factor of 3.0. (The CRA will issue a purchase order for the work which will contain an estimate of total fees. Increases to original purchase orders or new purchase orders will be issued as required to allow continuation of the work.) 2. Not to Exceed Upper Limit: In cases where the scope of work can be readily defined and the level of contingency can be estimated, the CRA and the CONSULTANT will attempt to agree on an upper limit for the hourly work. Hourly rate fees will be paid for the time worked and billed up to the limit of the agreed upon "Not to Exceed" fee. The "Not to Exceed" limit will be negotiated with the CONSULTANT based upon his estimate of time and contingencies. r 3. Lump Sum Fee: If this is the agreed upon option, the CONSULTANT agrees to negotiate a "Lump Sum Fee" for a particular assignment when the WORK can be clearly defined. The "Lump Sum Fee" shall be paid for the percent of work completed including expenses and services of subconsultants. The negotiated "Lump Sum Fee" will include all wages, benefits, overhead, profit, and expense for the WORK and will not be inoreased unless there is a change in the Scope of WORK. 4 ('" 4. Special Subcontracting Consultants: For services and reimbursable expenses of special subcontracting consultants employed by the CONSULTANT, CRA shall pay CONSULTANT the amount billed to CONSULTANT. Coordinating fees of the CONSULTANT shall be included in the "Lump Sum Fee." Hourly rate contracts will pay for actual hours spent. If a subconsultant is added after negotiation of a "Lump Sum Fee," a 10% coordinating fee may be added to the subconsultant's fee upon written approval by the CRA. 5. For Reimbursable Expenses: A list of the allowable reimbursable expenses are detailed in Exhibit "A." No payment will be made for items not on the Exhibit. 6. PAYMENT. The CRA will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month within thirty (30) days of submittal of each invoice. The CONSULTANT shall submit invoices to the Executive Director or his/her deisgnee and provide the following information: 1. The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified by the CONSULTANT. 2. The request for payment shall include the following information: r , a. b. c. d. e. t. g. h. Total Contract amount. Percent of work complete. Amount earned. Amount previously billed. Amount due this invoice. Summary of work done this billing Period. Invoices number and date. Purchase Order number. 7. OWNERSHIP OF DOCUMENTS All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the CRA without restriction or limitation in connection with the owners use and occupancy of the project. Reuse of these documents without written agreement from the CONSULTANT shall be at the CRA'S sole risk and without liability and any legal exposure to the CONSULTANT. 8. COURT APPEARANCES, CONFERENCES AND HEARINGS Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CRA, except in consideration of additional compensation, and except for any dispute arising out of this contract. The amount of such compensation slTall be mutually agreed upon receipt of written authorization from the r Executive Director prior to performance of a court appearance and conference. 5 (' 9. AUDIT RIGHTS The CRA reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK included herein and for a period of one year after final payment is made. 10. SUBLETTING/ASSIGNMENT The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior written consent of the CRA. 11. DEFAULT In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may declare the other party in default and notify such party in writing. In such event, the CONSULTANT will only be compensated for any completed professional services. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CRA within ten (10) days after notice that said sums are due. 12. INSURANCE AND INDEMNIFICATION r The CONSULTANT shall not commence WORK on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the CRA. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the CRA's representative. The Certificates shall clearly indicate that the CONSULTANT has obtained Insurance of the type, amount, and classification as required for strict compliance with this Agreement and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the CRA's representative. Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and obligations under this Agreement. CONSULTANT shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Agreement, insurance coverages, limits, including endorsements, as described herein. The requirements contained herein, as well as CRA's review or acceptance of insurance maintained by CONSULTANT, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by CONSULTANT under the contract. By virtue of this Agreement, CRA's indemnification obligations shall not exceed the statutory limits described within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. a. PROFESSIONAL LIABILITY (..... CONSULTANT shall agree to maintain Professional Liability, or equivalent Errors & Omissions Liability at a limit of liability not less than $1,000,000 Per Occurrence. When a self-insured retention (SIR) or deductible exceeds $25,000 the CRA r.eserves the right, but not the obligation, to review and request a copy 6 ,...... . of CONSULTANT'S most recent annual report or audited financial statement. For policies written on a "Claims-Made" basis, CONSULTANT warrants the Retroactive Date equals or precedes the effective date of this contract (.Certificate of Insurance shall specify: Retra date - Full prior acts coveraae applies). In the event the policy is canceled, non- renewed, switched to an Occurrence Form, retroactive date advanced; or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERF) during the life of this Contract, CONSULTANT shall agree to purchase a SERF with a minimum reporting period not less than three (3) years. CONSULTANT shall agree this coverage shall be provided on a primary basis. The Certificate of Insurance must indicate whether coverage is written on an occurrence or claims- made basis and must indicate the amount of any SIR or deductible. b. COMMERCIAL GENERAL LIABILITY. AUTOMOBILE LIABILITY AND WORKERS' COMPENSATION CONSULTANT shall agree to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence. (..... CONSULTANT shall agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence for all owned, non-owned and hired automobiles. In the event CONSULTANT does not own any automobiles, the Business Auto Liability requirement shall be amended allowing CONSULTANT to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. CONSULTANT shall agree this coverage shall be provided on a primary basis. CONSULTANT shall agree to maintain during the life of this Agreement, Workers' Compensation Insurance and Employer's Liability in accordance with Florida Statute Chapter 440. CONSULTANT shall agree this coverage shall be provided on a primary basis. c. UMBRELLA OR EXCESS LIABILITY If necessary, CONSULTANT may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest 'Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. The CRA shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis. d. ADDITIONAL INSURED r CONSULTANT shall agree to endorse the CRA as an Additional Insured to the Commercial General Liability. The Additional Insured endorsement shall read "Boynton r Beach Community Redevelopment Agency." (Project ). CONSULTANT shall agree the Additional Insured 7 r.... . endorsements provide coverage on a primary basis. e. WAIVER OF SUBROGATION CONSULTANT shall agree, by entering into this Contract, to a Waiver of Subrogation for each required policy. When required by the insurer, or should a policy condition not permit an Insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONSULTANT shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONSULTANT enter into such an agreement on a pre-loss basis. f. CERTIFICATE OF INSURANCE Immediately following notification of the award of this Agreement, CONSULTANT shall agree to deliver to the CRA a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverages required by this Agreement have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage. g. RIGHT TO REVIEW r CRA, by and through its Risk Management Office, in cooperation with the contracting/hiring department, reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the life of this Contract. CRA reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. The CONSULTANT shall indemnify and save harmless and defend the CRA, its officers, agents, servants, and employees from and against any and all claims, liability, damages, losses, and/or causes of action including reasonable attorneys' fees, to the extent they may arise from any breach of contract or any negligent act, error or omission of the CONSULTANT its officers, employees, agents, sub-consultants or anyone acting their authority and control in the performance of this Contract. The indemnity obligations of this agreement shall not apply to damages or injury to the extent caused by the negligence or willful misconduct of CRA, or its officers, employees, agents, or third parties. 13. CODES, ORDINANCES AND LAWS. The CONSULTANT agrees to abide and be governed by all CRA, County, State and Federal codes, ordinances and laws which may have a bearing on the WORK involved on this project. Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the CONSULTANT. ,..... 8 r- I 14. . HAZARDOUS SUBSTANCES. Services related to determinations involving hazardous substances or conditions, as defined by federal or state law, are limited to those tasks expressly stated in the scope of services to be entered into. In any event, CONSULTANT shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. CONSULTANT'S services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. The CONSULTANT shall notify the CRA of hazardous substances or conditions not contemplated in the scope of services of which the CONSULTANT actually becomes aware. Upon such notice by the CONSULTANT, the CONSULTANT will stop affected portions of its services. The parties shall decide if CONSULTANT is to proceed with testing and evaluation and may enter into further agreements as to the additional scope, fee, and terms for such services. 15. 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 subj~ct matter hereof that are not merged herein and superseded hereby. r 16. MODIFICATION OF AGREEMENT. No alteration, change, or modification of the terms of this Agreement shall he valid unless made in writing and signed by both parties hereto, upon appropriate action by the CRA. 17. MEDIATION. The parties to this Agreement desire to avoid the expense and delay caused by the filing of lawsuits. Therefore, it is agreed that in the event of any dispute or disagreement between the parties that a jointly-selected mediator shall conduct a mediation in an effort to resolve the issue(s) with each party to pay 50% of the mediator's fees. 18. VENUE. In the event any disputes arising out of this Agreement cannot be worked out by mediation, any and all lawsuits shall be filed in the 15th Judicial Circuit Court in and for Palm Beach County, Florida or the Southern District Court of Florida if filed in U.S. Federal Court. 19. ATTORNEY'S FEES AND COSTS. r Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorney's fees and costs, including those at the appellate level, shall be awardee! to the prevailing party. 9 (.... 20. . COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 21. PRIOR AGREEMENTS. Any prior agreements between the parties that are in conflict with the provisions contained herein are, to the extent of any such conflict, hereby superceded and repealed by this Agreement. 22. NON-DISCRIMINATION. The CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, sex, age, or national origin. 23. SEVERABILITY. ,...... If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the. remainder of this Agreement or the application of such terms or provisions, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this agreement shall be deemed valid and enforceable to the extent permitted by law. 24. ASSIGNMENT OF SUBCONTRACTORS. The CONSULTANT reserves the right to assign subcontractors with reasonable prior notice to the CRA Executive Director to this project to insure the quality of the job as well as on-time completion. However, the CONSULTANT shall remain responsible for the completion of the terms of this Agreement. (.... 10 (' 25. . NOTICE. All notices required in this Agreement shall be considered delivered when received by certified mail, return receipt requested, or personal delivery and if sent to the CRA, shall be mailed to: Lisa A. Bright, CRA Executive Director /{'( Boynton Beach Community Redevelopment AgencrJ . ...,... f:j- .eBB c. o v 0::: a I I Avo:::. 8l1ite 1 ~ 'US" .$. Feo6eA I /"fWy. Boynton Beach, FL 33435 With a copy to: Kenneth G. Spillias, Esq. Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, FL 33401 If sent to the CONSULTANT, shall be mailed to: Kimley-Horn and Associates, Inc. A. Russell Barnes, III, P.E. 5200 N.W. 33rd Avenue, Suite 109 Ft. Lauderdale, Florida 33309 (' 26. PUBLIC ENTITY CRIMES SWORN STATEMENT. The CONSULTANT, by its execution of this Agreement, acknowledges and attests that neither the CONSULTANT, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the CRA, is a convicted vendor or, if the CONSULTANT or any of its affiliates has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. CONSULTANT further understands and accepts that this Agreement shall be either voidable by the CRA or subject to immediate termination by the CRA, either in the event there is any misrepresentation or lack of compliance with the mandates of section 287.133, Florida Statutes. CRA, in the event of such termination, shall not incur any liability to CONSULTANT for any work or materials furnished. 27. EFFECTIVE DATE. This Agreement shall be effective as of the last date it has been executed by all parties. r 11 r By authority of the CRA Board BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: j;:1.~~ Print ~me: ~~ "Ill ~",;e.... Its: Chairperso]l ? Date: 6 ,. ~ f'~CJ WITNESS: ~~fi~ w~ss: ~LRJ-0&~ll1jL WITNESS: U~~ By: Print Name: y~S Its: Pr-",~'tt/ Date: G.I /~? r APPROVED AS TO FORM & LEGAL SUFFICIENCY: OMMEND APPROVAL: I ,-J C.)./ I .- ." ,r--{Y) C l (v)) ( '- '- 5xecutive Directoru - Mf~ u MzeL- CRA Att ey 1:\Client Documents\Boynton Beach CRA\2419-000\Agreements\Conllnulng Contract - Design & Professional Services. Kimrey Horn.doc r 12 r '~I~ ~\~ I ~<:tY~Te[. East Side....West Side....Seas.'de Rena',ssance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August 14,2007 I Consent Agenda I Old Business I' X I New Business Public Hearing Other SUBJECT: Consideration of Work Order #1 under Continuing Contract with REG for Feasibility Analysis for 211 E. Ocean Avenue SUM:MARY: On July 2007, the CRA Boar:d entered int,o a continuing contract with REG to provide Design and Professional Services to the CRA. Attached for your review is Work Order #1 under the Continuing Contract. The scope of this Work Order is to conduct a feasibility analysis to convert 211 E. Ocean Avenue from residential to commercial'for future CRA office use. Staff is requesting two alternatives. The first alternative is to determine the cost of converting the building without adding additional square footage. The second task is to determine the cost of converting the building plus the feasibility of adding square footage to the extent possible and financially practical. (' The rationale for this project comes from the adopted Ocean District Community Redevelopment Plan which calls for retail and office use along Ocean Avenue. The property was vacant at the time of purchase. It was staffs opinion that this structure once renovated and occupied as a commercial site would help to lack start the redevelopment of Ocean Avenue. This is a proven practice in other CRA's. The Delray Beach CRA purchased and converted an old home into their offices on Swinton Avenue which has encouraged the reuse of other historic structures in the area. Once the feasibility analysis is complete, staff with bring the findings and staff recommendation to the Board for discussion. FISCAL IMP ACT: $22,000 to come from General Revenue. RECOMMENDATIONS: Approve execution of Work Order #1 with REG under their Continuo Q;;;7venue. Vivian L. Brooks Assistant Director r C:\Documents and Seltings\mellssaa\Local Settfngs\Temporary Internet FlIes\OLK105\REG Work Order#1.doc r- . .1l;EG ARCHITECTS.. INC. ARCHITECTURE * INTERIOR DESIGN'" PLANNING July 18, 2007 Ms . Vivian Brooks CRA Planning Director Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FL 33435 r Re: Work Order #1.1 eRA Offices Relocation Feasibility Study for: 211 Ocean Blvd., Boynton Beach, FL REG Job #07013.1 Dear Ms. ~ ,#J?.6v REG Architects, Inc. is pleased to submit this outline proposal to assist you with preparing a feasibility study of 211 Ocean Blvd. (a historic +/- 2100 SF 2 stOlY house with a 1 stOlY +/- 300 SF non-historic addition) for conversion into CRA offices. Basic Fee: A. As.,Builts of existing +/- 2400 S.F historic house (+/- 2100 SF two story and +/- 300 S.P. one story) 2 weeks. $ 5,000.00 B. Prepare two feasibility studies/design concepts of existing building (2400 SF study) and optional design (demo 1 story and add 2 story wing increasing building to 4000 S.F.) 8 weeks. (2 studies @ $5,000.00 each) $10,000.00 C. Provide Cost Estimates "Budgets" for both alternatives: (2 Budgets @ $2,000.00 each) $ 4,000.00 D. Meetings and presentations/reviews in Aug., Sept. & Oct. $ 3,000.00 Total for this Task 1.1: $ 22,000.00 r ..~.-- ~\-"" 120 South Dixie HighWayl;,;rt'~~:;i-6'I'~'\ye.t Palm Beach, FL 33401 Phone: (561) 6~9-dil3 . F:a:x; (561) 659-5546 'I " . ~ww ,< ";\l'i'!:''.;~::~.'''' AA 0002447 EST. 19E~ r Boynton Beach eRA 211 Ocean Blvd. #07013.1 July 18, 2007 Upon definition of a final scope of services, REG reserves the right to provide you with a detailed breakdown of fees estimate, if the scope of services are beyond the fees proposed herein. Payments will be invoiced at progress completion and expected payment within 30 days of invoices approval. Exclusions: No design development, P&Z applications or construction documents are provided for in this base fee. Also engineering and construction administration arc excluded and will be priced at a later date on ajob by job basis as requested. If this is acceptable to YOl4 please sign below and return to our office and so we can schedule the assignment. Thank you for the work opportunity! Very truly yours, r Accepted this _ of ,2007. By: Name: Authorized Boynton Beach CRA Representative cc: Colin Price, Vice President Acct. r REG ARCHITECTS, INC. 120 SOUTH DIXIE HIGHWAY, STE. 201 WEST PALM BEACH: FL 33401 PHONB: (561) 659-2383 . PAX: (561) 659-5546 WWW.REGARCH.COM AA-0002447 (-.. DESIGN AND PROFESSIONAL SERVICES AGREEMENT I./.A.-- Jw. THIS IS AN AGREEMENT ("Agreement"), entered into this 16' day of :l.CJo7. between the Boynton Beach Community Redevelopment Agency, hereinafter referred to as "G RA" , and REG Architects, Inc. authorized to do business in the State of Florida, hereinafter referred to as the "CONSULTANT." WHEREAS, the CRA has selected CONSULTANT under the provisions of Section 287.055, Florida Statutes, the Consultants Competitive Negotiation Act; and WHEREAS, the CRA agrees to retain the CONSULTANT for design and professional services work prescribed herein in connection with various CRA projects, hereinafter called the "WORK"; and WHEREAS, this Agreement shall be considered a continuing contract as described under Section 287.055(2)(g), Florida Statutes; r WHEREAS, the CRA has investigated the qualifications of the CONSULTANT to perform the WORK herein contemplated and found them satisfactory; and WHEREAS, the CONSULTANT has examined the scope of the WORK required hereunder and has expressed its desire and willingness to provide such design and professional services and has presented his qualifications to the CRA in support of such expressed desires; and WHEREAS, as a result of the aforementioned, the CRA agrees to enter into this Agreement with the CONSULTANT; and WHEREAS, the CRA Board has approved the selection of the CONSULTANT to perform such services, and the CONSULTANT agrees to accept employment upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the CRA agrees to employ the CONSULTANT for an unspecified term commencing on the Effective Date as defined herein, and the CONSULTANT agrees to perform all design and professional services in connection with the WORK, as described herein, for the total duration of this Agreement, upon the following terms and conditions; namely: r r 1. . SCOPE OF SERVICES. The CONSULTANT shall provide the following services as necessary and applicable on a continuing or rotating basis at the sole and absolute discretion of the CRA: 1. General Architectural Services - consulting and design services including conceptual, schematic, design development, construction documents, and/or construction administration for public buildings, as well as affordable housing projects and adaptive re-use and restoration of existing buildings with historic character. 2. Landscape Architecture - consulting and design services related to conceptual, schematic, design development, construction documents and/or construction administration for landscape and hardscape of public places and spaces in an urban setting including but not necessarily limited to parks, public properties, rights-of- ways and easements. 3. Civil Enqineering - consulting and design services related to conceptual, schematic, design development, construction documents and/or construction administration 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-ways and ea~ements (-... 4. Traffic Enqineerinq - general traffic consulting and/or construction administration as well as conduct various traffic, trip generation, parking and other similar studies for possible future projects, or to evaluate existing conditions and project future need. 5. Marine Enqineerinq - design, construction and/or construction administration of improvements to the CRA marina property as well as other marine-related tasks. 2. GENERAL PROVISIONS. r 1. The CONSULTANT and CRA will negotiate a mutually agreeable separate agreement including a Scope of Work and/or Notice to Proceed to encompass CONSULTANT'S services on as as-needed basis for each project the CRA desires to use CONSULTANT'S services. Any such separate agreement shall be subject to the limits of Section 287.055, Florida Statutes. 2. The CRA reserves, at all times, the right to perfonn any and all design and professional services or work with other design professionals. This Agreement does not confer on the CONSULTANT any exclusive rights to CRA 2 (... . work, nor does it obligate the CRA in any manner to guarantee work for the CONSULTANT. The CONSULTANT may submit proposals for any professional services for which proposals may be publicly solicited by the CRA outside of this Agreement. 3. The parties agree that any future agreement for each individual project will incorporate a fee structure, as outlined in the applicable Request for Qualifications, based upon a Lump Sum Fee or an Hourly/Not to Exceed Fee. 4. The CRA agrees that it will furnish to the CONSULTANT plans and other relevant available data in the CRA files pertaining to the work to be performed as soon as possible after execution of each separate agreement and/or issuance of each Notice to Proceed. 5. The CONSULTANT shall assist the CRA to develop a program which shall set forth the CRA's objectives, schedule, constraints and criteria, inclUding space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. ,.... 6. The CRA, with the assistance of the CONSULTANT if requested, shall establish an overall budget for each individual project, including the construction cost (the total cost or estimated cost to the CRA of all elements of each project designed or specified by the CONSULTANT), architectural and other sub- professional fees, relocation costs, on- and off-site improvements, the CRA's other costs and reasonable contingencies related to all of the costs. The CONSULTANT shall endeavor to design the necessary improvements within the CRA's budgetary constraints. However, CONSULTANT does not guarantee its design will be within CRA's budgetary constraints. CONSULTANT shall be compensated by CRA for any additional services necessary as agreed to between the parties to perform any re-design services if construction bids exceed CRA's budgetary constraints. Evaluations of the CRA's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the CONSULTANT, represent the CONSULTANT's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the CONSULTANT nor the CRA has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the CONSULTANT cannot and does not warrant or represent that bids or negotiated prices will not vary from the CRA's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the CONSULTANT. 7. The CONSULTANT will submit a proposal upon the CRA's request prior to the issuance of an individual project agreement, Scope of Work and/or Notice to Proceed. No payment will be made for the CONSULTANT's time and services in connection with the preparation of any such proposal. r 3 ,...... 8. The CRA agrees to designate, when necessary, a representative who shall examine the documents submitted by the CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the CONSULTANTS services. 3. TERMINATION. This Agreement shall operate as a continuing contract until either party terminates this Agreement with or without cause by providing written notice to the other party at least thirty (30) days prior to requested termination date. 4. TIMING OF THE WORK. The services to be rendered by the CONSULTANT for any work shall be commenced upon written Notice to Proceed from the CRA and shall be completed within the time based on reasonable determination, stated in the Notice to Proceed. 5. COMPENSATION. The CONSULTANT agrees to negotiate an "hourly rate" fee or an hourly fee with a "not to exceed" upper limit or a lump sum amount (or a combination of the above) for WORK assigned to CONSULTANT based on the Scope of such WORK. Upon agreement of a fee, the Executive Director of the CRA or his/her designee will issue a written Notice to Proceed to the CONSULTANT. ,.... The fees for Professional Services for each phase of the WORK shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CRA and the CONSULTANT and incorporated into the individual project Agreement and/or Notice to Proceed. 1. Hourly Rate Fee: The CRA agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Agreement a fee based on direct labor costs times a factor of 3.0. (The CRA will issue a purchase order for the work which will contain an estimate of total fees. Increases to original purchase orders or new purchase orders will be issued as required to allow continuation of the work.) 2. Not to Exceed Upper Limit: In cases where the scope of work can be readily defined and the level of contingency can be estimated, the CRA and the CONSULTANT will attempt to agree on an upper limit for the hourly work. Hourly rate fees will be paid for the time worked and billed up to the limit of the agreed upon "Not to Exceed" fee. The "Not to Exceed" limit will be negotiated with the CONSULTANT based upon his estimate of time and contingencies. r 3. Lump Sum Fee: If this is the agreed upon option, the CONSULTANT agrees to negotiate a "Lump Sum Fee" for a particular assignment when the WORK can be clearly defined. The "Lump Sum Fee" shall be paid for the percent of work completed including expenses and services of subconsultants. The negotiated "Lump Sum Fee" will include all wages, benefits, overhead, profit, and expense for the WORK and will not be increased unless there is a change in the Scope of WORK. 4 r 4. Special Subcontracting Consultants: For services and reimbursable expenses of special subcontracting consultants employed by the CONSULTANT, CRA shall pay CONSULTANT the amount billed to CONSULTANT. Coordinating fees of the CONSULTANT shall be included in the "Lump Sum Fee." Hourly rate contracts will pay for actual hours spent. If a subconsultant is added after negotiation of a "Lump Sum Fee," a 10% coordinating fee may be added to the subconsultant's fee upon written approval by the CRA. 5. For Reimbursable Expenses: A list of the allowable reimbursable expenses are detailed in Exhibit "A." No payment will be made for items not on the Exhibit. 6. PAYMENT. The CRA will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month within thirty (30) days of submittal of each invoice. The CONSULTANT shall submit invoices to the Executive Director or his/her deisgnee and provide the following information: 1. The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified by the CONSULTANT. 2. The request for payment shall include the following information: r a. b. c. d. e. f. g. h. Total Contract amount. Percent of work complete. Amount earned. Amount previously billed. Amount due this invoice. Summary of work done this billing Period. Invoices number and date. Purchase Order number. 7. OWNERSHIP OF DOCUMENTS All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the CRA without restriction or limitation in connection with the owners use and occupancy of the project. Reuse of these documents without written agreement from the CONSULTANT shall be at the CRA'S sole risk and without liability and any legal exposure to the CONSULTANT. 8. COURT APPEARANCES, CONFERENCES AND HEARINGS r- Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CRA, except in consideration of additional compensation, and except for any dispute arising out of this contract. The amount of such compensation shall be mutually agreed upon receipt of written authorization from the Executive Director prior to performance of a court appearance and conference. 5 r- 9. AUDIT RIGHTS The CRA reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK included herein and for a period of one year after final payment is made. 10. SUBLETTING/ASSIGNMENT The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior written consent of the CRA. 11. DEFAULT In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may declare the other party in default and notify such party in writing. In such event, the CONSULTANT will only be compensated for any completed professional services. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CRA within ten (10) days after notice that said sums are due. 12. INSURANCE AND INDEMNIFICATION r The CONSULTANT shall not commence WORK on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the CRA. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the CRA's representative. The Certificates shall clearly indicate that the CONSULTANT has obtained Insurance of the type, amount, and classification as required for strict compliance with this Agreement and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the CRA's representative. Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and obligations under this Agreement. CONSULTANT shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Agreement, insurance coverages, limits, including endorsements, as described herein. The requirements contained herein, as well as CRA's review or acceptance of insurance maintained by CONSULTANT, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by CONSULTANT under the contract. By virtue of this Agreement, CRA's indemnification obligations shall not exceed the statutory limits described within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. a. PROFESSIONAL LIABILITY r*' I CONSULTANT shall agree to maintain Professional Liability, or equivalent Errors & Omissions Liability at a limit of liability not less than $1,000,000 Per OccurrenGe. When a self-insured retention (SIR) or deductible exceeds $25,000 the CRA reserves the right, but not the obligation, to review and request a copy 6 r . of CONSULTANT'S most recent annual report or audited financial statement. For policies written on a "Claims-Made" basis, CONSULTANT warrants the Retroactive Date equals or precedes the effective date of this contract (Certificate of Insurance shall specify: Retro date - Full prior acts coveraQe applies). In the event the policy is canceled, non- renewed, switched to an Occurrence Form, retroactive date advanced; or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERF) during the life of this Contract, CONSULTANT shall agree to purchase a SERF with a minimum reporting period not less than three (3) years. CONSULTANT shall agree this coverage shall be provided on a primary basis. The Certificate of Insurance must indicate whether coverage is written on an occurrence or claims- made basis and must indicate the amount of any SIR or deductible. b. COMMERCIAL GENERAL LIABILITY. AUTOMOBILE LIABILITY AND WORKERS' COMPENSATION CONSULTANT shall agree to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence. r....... CONSULTANT shall agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence for all owned, non-owned and hired automobiles. In the event CONSULTANT does not own any automobiles, the Business Auto Liability requirement shall be amended allowing CONSULTANT to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. CONSULTANT shall agree this coverage shall be provided on a primary basis. CONSULTANT shall agree to maintain during the life of this Agreement, Workers' Compensation Insurance and Employer's Liability in accordance with Florida Statute Chapter 440. CONSULTANT shall agree this coverage shall be provided on a primary basis. c. UMBRELLA OR EXCESS LIABILITY If necessary, CONSULTANT may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest 'Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. The CRA shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis. d. ADDITIONAL INSURED 1-- CONSULTANT shall agree to endorse the CRA as an Additional Insured to the Commercial General Liability. The Additional Insured endorsement shall read "Boynton r Beach Community Redevelopment Agency." (Project ). CONSULTANT shall agree the Additional Insured 7 (- . endorsements provide coverage on a primary basis. e. WAIVER OF SUBROGATION CONSULTANT shall agree, by entering into this Contract, to a Waiver of Subrogation for each required policy. When required by the insurer, or should a policy condition not permit an Insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONSULTANT shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONSULTANT enter into such an agreement on a pre-loss basis. f. CERTIFICATE OF INSURANCE Immediately following notification of the award of this Agreement, CONSULTANT shall agree to deliver to the CRA a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverages required by this Agreement have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage. g. RIGHT TO REVIEW r CRA, by and through its Risk Management Office, in cooperation with the contracting/hiring department, reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the life of this Contract. eRA reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. The CONSULTANT shall indemnify and save harmless and defend the CRA, its officers, agents, servants, and employees from and against any and all claims, liability, damages, losses, and/or causes of action including reasonable attorneys' fees, to the extent they may arise from any breach of contract or any negligent act, error or omission of the CONSULTANT its officers, employees, agents, sub-consultants or anyone acting their authority and control in the performance of this Contract. The indemnity obligations of this agreement shall not apply to damages or injury to the extent caused by the negligence or willful misconduct of CRA, or its officers, employees, agents, or third parties. 13. CODES, ORDINANCES AND LAWS. The CONSULTANT agrees to abide and be governed by all CRA, County, State and Federal codes, ordinances and laws which may have a bearing on the WORK involved on this project. Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the CONSULTANT. r 14. HAZARDOUS SUBSTANCES. 8 r .Services related to determinations involving hazardous substances or conditions, as defined by federal or state law, are limited to those tasks expressly stated in the scope of services to be entered into. In any event, CONSULTANT shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. CONSULTANT'S services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. The CONSULTANT shall notify the CRA of hazardous substances or conditions not contemplated in the scope of services of which the CONSULTANT actually becomes aware. Upon such notice by the CONSULTANT, the CONSULTANT will stop affected portions of its services. The parties shall decide if CONSULTANT is to proceed with testing and evaluation and may enter into further agreements as to the additional scope, fee, and terms for such services. 15. 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. 16. MODIFICATION OF AGREEMENT. ,.... No alteration, change, or modification of the terms of this Agreement shall he valid unless made in writing and signed by both parties hereto, upon appropriate action by the CRA. 17. MEDIATION. The parties to this Agreement desire to avoid the expense and delay caused by the filing of lawsuits. Therefore, it is agreed that in the event of any dispute or disagreement between the parties that a jointly-selected mediator shall conduct a mediation in an effort to resolve the issue(s) with each party to pay 50% of the mediator's fees. 18. VENUE. In the event any disputes arising out of this Agreement cannot be worked out by mediation, any and all lawsuits shall be filed in the 15th Judicial Circuit Court in and for Palm Beach County, Florida or the Southern District Court of Florida if filed in U.S. Federal Court. 19. ATTORNEY'S FEES AND COSTS. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorney's fees and costs, including those at the appellate level, shall be awarded to the prevailing party. r 9 r 20. _ COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 21. PRIOR AGREEMENTS. Any prior agreements between the parties that are in conflict with the provisions contained herein are, to the extent of any such conflict, hereby superceded and repealed by this Agreement. 22. NON-DISCRIMINATION. The CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, sex, age, or national origin. 23. SEVERABILITY. r If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement or the application of such terms or provisions, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this agreement shall be deemed valid and enforceable to the extent permitted by law. 24. ASSIGNMENT OF SUBCONTRACTORS. The CONSULTANT reserves the right to assign subcontractors with reasonable prior notice to the CRA Executive Director to this project to insure the quality of the job as well as on-time completion. However, the CONSULTANT shall remain responsible for the completion of the terms of this Agreement. r 10 r 25. . NOTICE. All notices required in this Agreement shall be considered delivered when received by certified mail, return receipt requested, or personal delivery and if sent to the CRA, shall be mailed to: Lisa A. Bright, CRA Executive Director Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 With a copy to: Kenneth G. Spillias, Esq. Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, FL 33401 If sent to the CONSULTANT, shall be mailed to: REG Architects, Inc. Rick Gonzalez, AlA 120 South Dixie Highway, Suite 201 West Palm Beach, Florida 33401 r 26. PUBLIC ENTITY CRIMES SWORN STATEMENT. The CONSULTANT, by its execution of this Agreement, acknowledges and attests that neither the CONSULTANT, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the CRA, is a convicted vendor or, if the CONSULTANT or any of its affiliates has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. CONSULTANT further understands and accepts that this Agreement shall be either voidable by the CRA or subject to immediate termination by the CRA, either in the event there is any misrepresentation or lack of compliance with the mandates of section 287.133, Florida Statutes. CRA, in the event of such termination, shall not incur any liability to CONSULTANT for any work or materials furnished. 27. EFFECTIVE DATE. This Agreement shall be effective as of the last date it has been executed by all parties. F' 11 .( By authority of the eRA Board WITNESS: (ft$tfW .J{J,('/~~ a~ ~~ r RECpMMEND APPROVAL: L) ... A (~6.. l c . 19~ fiLl:- Executive Director U BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: ~____ prjn~ame: 'U1.;2. It' Y AYt.. ad- Its: hairp rson '" I 'J Date: IS> ~ f)rr ..... cJ / By: Prin Its: Date: tez..- APPROVED AS TO FORM & LEGAL SUFFI I - CY: 1:\Cnent Documents\Boynton Beach CRA\2419-000\Agreements\Continuing Contract - Design & Professional Services- REG.doc r 12 (.... By authority of the eRA Board BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY WITNESS: ~~~,~ wrTUS: W~i!?i1\M,{A9-- WITNESS: CONSULTANT - REG Architects, Inc. By: Print Name: Its: Date: WITNESS: r APPROVED AS TO FORM & LEGAL SUFFICI CY: : (y-- 1:\Client Documenls\Boynton Beach CRA\2419-000\Agreements\Continuing Contract - Design & Professional Services _ REG.doc r 12 r (' r ,~!.v... ~~)~ r <.:~:~\,~ l_':A';' 'f~.y,~, I~F~ ~q~/NT8~~r C", .." ~". ~ fA ' ' ,- ~ u " u ~. -. .. !. East Side....West S'lde-Seaside Rena',ssance AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August 14,2007 I Consent Agenda I Old Business I X I New Business Public Hearing Other SUBJECT: Consideration of Work Order #2 under Continuing Contract with REG for Initial Inspection and Produce Construction Specifications for the Residential hnprovement Program SUMMARY: On July 2007, the CRA Board entered into a continuing contract with REG to provide Design and Professional Services to the CRA. Attached for your review is Work Order #2 under the Continuing Contract. The scope of this Work Order is to conduct inspections of approved residences and prepare any and all construction specification doclUTIents to be used in the contractor bidding process. The specifications for the contraCtor bidding process must address any and all neceS13ary materials and construction practices to meet the Florida Building code and City of Boynton Beach Building Division standards. FISCAL IMPACT: $25,000 to come from Bond II. RECO~NDATION~: Approve execution of Work Order #2 with REG under their Continuing Contract to conduct Initial Inspections and Produce Construction Specifications for the Residenti rovement 'program. (f/.et &~ VivIan L, Brooks Assistant Director C:\Documents and Settings\melissaa\Local Settlngs\Temporary Intemet Flies\OLK105\REG Work Order #2.doc (' """'~"-"~~'~<Fw.__..__!\1i!i..A JL<t Ill, T :g~ + s. .-M. C.,:., 0=___ ARCHITECTURE * INTERIOR DESIGN * PLANNING August 8, 2007 REVISED Ms . Vivian Brooks CRA Planning Director Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FL 33435 Re: Work Order #07013.2 Boynton Beach eRA, Residential Improvement Program Dear Ms. Brooks: . REG Architects, Inc. is pleased to submit this outline proposal to assist you. with preparing specifications for the Boynton Beach Residential Improvement program. r , Basic Fee: A. Sullivan House- Provide (2) two site visits to determine a scope of work for the Sullivan Home. Proposed scope of work to be based on a . budget not to exceed $20,000.00 for construction and permitting cost. REG Architects, Inc. shall provide site specific specifications with photos and detailed instructions for permitting and construction. REG's scope shall also include responding to any building department comments during the permitting phase. $ 2,500.00 Construction Administration: Scope of work shall include responding to contractor's request for information during the construction phase and one site visit at the completion of the renovations to review the contractor's workmanship. r -':'::~-;-"j" 120 South Dixie Highwat '"",s}i.;._fQ;;i:;'~weot Palm Beach, FL I \ill, Phone: (561) ~. 9-2 ~i'.' F x: (561) 659-5546 \ / /, ).. AA 0002447 . , ~:,~~... I .:'V. ES T. J 98 8 33401 r Boynton Beach eRA #07013.2 Aug 8, 2007 B. Aikens House- Provide (2) two site visits to determine a specific scope of work for the Aikens Home. Proposed scope of work to be based on a budget not to exceed $20,000.00 for construction and permitting cost. REG Architects, Inc. shall provide site specific specifications with photos and detailed instructions for permitting and construction. REG's scope shall also include responding to any building department comments during the permitting phase. $ 2,500.00 Construction Administration: Scope of work shall include responding to contractor's request for information during the construction phase and one site visit at the completion of the renovations to review the contractor's workmanship. r C. Jones House- Provide (2) two site visits to determine a specific scope of work for the Jones Home. Proposed scope of work to be based on a budget not to exceed $20,000.00 for construction and permitting cost. REG Architects, Inc. shall provide site specific specifications with photos and detailed instructions for permitting and construction. REG's scope shall also include responding to any building department comments during the permitting phase. $ 2,500.00 Construction Administration: Scope of work shall include responding to contractor's request for information during the construction phase and one site visit at the completion of the renovations to review the contractor's workmanship. $ 7,500.00 Total Not to Exceed Cost for work order No.2: If the scope of work is revised or changed, additional service request shall be made in accordance with the City of Boynton Beach CRA contractual guidelines. Payments will be invoiced at the end of each month. Invoice payments shall be within 30 days of invoice approval. r REG ARCHITECTS, INC, 12.0 SOUTH DIXIE HIGHWAY, STB. 201 . . WBST PALM BBACH, FL 33401 PHONE: (561) 659-2383 . PAX: (561) 659-5546 WWW.REGARCH.COM AA-0002447 r Boynton Beach eRA #07013.2 Aug 8, 2007 Exclusions: No renderings, drawings or engineering (including structural, electrical, mechanical, or pllUTIbing) have been included as part of this scope of work. If this is acceptable to you, please sign below and return to our office and so we can schedule the assignment. Thank you for the work opportunity! Very truly yours, REG Architects, Inc. Accepted this _ of ,2007. r. By: Name: Authorized Boynton Beach CRA Representative cc: Colin Price, Vice President! REG Architects, Inc. Al Phillips, CA Manager/REG Architects, Inc. Acct. RBG ARCHITECTS, INC, 120 SOUTH DIXIE HIGHWAY, STB. 201 r WBST PALM BBACH, FL 33401 PHONE: (561) 659-2383 . FAX: (561) 659-5546 WWW.REGARCH.COM AA.0002447 r AGENDA ITEM STAFF REPORT eRA BOARD MEETING OF: August l4, 2007 AGENDA ITEM: I Consent Agenda Old Business I X I New Business Public Hearing Other SUBJECT: Delray Boynton Academy Building SUMMARY: In early 2007, the CRA learned the DeIray Boynton Academy Charter School would be closing at the end ofthe school year. Since it is a key piece of property on the MLK Corridor gateway, the former CRA Board directed staff to get an appraisal of the property (see attached). r Some discussions for building usage included Neighborhood Services, Community Building, Healthcare or WeIlness Center, Job Training, relocation of a Church etc. At this time, any development program along the corridor will most probably start at Seacrest Boulevard and incr~mentaIly develop as the market turns around. Staff expects the eastern portion ofthe corridor will not reach redevelopment interest until approximately 20l2. FISCAL IMPACT: None. RECOMMENDATIONS: Provide staff direction. t t-. r T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board Meetings\0708 14 CRA Board Meeting - August\Delray Boynton Academy.doc ',\ ir' APPRAISAL OF THE DELRAY-BOYNTONACADEMY LOCATED AT 425 MARTIN LUTHER KING JR. BOULEVARD BOYNTON BEACH, FLORIDA FOR BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY r 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: DECEMBER 21,2006 DATE OF REPORT: JANUARY 10, 2007 r FILE NO.: 260762.000 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 RZI190 f"',<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<,<<<<<<<<<<<<<<<<<<<<<<<< -4J1J1raiSers .J1ealtors >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> 521 SOUTH OLIVE A VENUE WEST PALM BEACH, FLORIDA 33401 www.andersoncarr.com Telephone (561) 833-1661 Fax (561) 833-0234 ~()~~'()~ & C~~. I~C. January 10, 2007 OQality &ervice &ince 1947 Robert T. Reardon Assistant Director Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, Florida 33435 Dear Mr. Reardon: At your request, we have appraised the Delray-Boynton Academy located at 425 Martin Luther King Jr. Boulevard in downtown Boynton Beach, Florida. The purpose of this appraisal is to estimate the market value, fee simple estate, as of December 21, 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. r The subject consists of double comer lot containing 36,055 square feet just west of North Federal Highway in the Heart of Boynton Beach redevelopment area. The land is improved with a 8,580 square foot modular building constructed in 2004 which is home to a local alternative middle school. The property is located in a redevelopment area along one of its major neighborhood roadways slated for a mixed use project. It is currently used in a quasi-civic manner with commercial and residential zoning. It itself is also situated in a commercial node of a possible future development. The highest and best use of the subject is for continued quasi-civic use including but not limited to a school, community center, house of worship, 'head start' facility, day care center, art center and such. We have used the Cost and Sales Comparison Approaches in valuing the subject property as properties of this sort are generally not purchased for income producing characteristics. (...... (' r (' ~I)I]~~()~ & CAVV~ I~C. Robert T. Reardon, Assistant Director Boynton Beach Community Redevelopment Agency January 10, 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 December 21, 2006, was: ONE MILLION FOUR HUNDRED THOUSAND DOLLARS ($ 1,400,000) The following presents a complete appraisal in a summary report. This letter must remain attached to the report, which contains 54 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, .~~ --- ((~~B.Bant - ,. . Slale-~ Gener~le Appraiser RZ4 Gc%~ J:< or- State-~ied General Real Estate Appraiser RZ2335 RBB/GKO:agp 11 ~I)~V~()~ & CAVV!l I~C. r TABLE OF CONTENTS r Summary of Important Facts Certification Assumptions and Limiting Conditions Photographs, Maps, Aerials Purpose and Date of Appraisal Property Appraised Legal Description Client Intended Use and User Scope of Work Property Rights Appraised Definition of Market Value Natural, Cultural, Recreational, Historical, or Scientific Significance Neighborhood Summary Property Data Owner of Record, Control Number, Assessment, and Taxes Utilities Flood Zone Zoning and Comprehensive Land Use Plan Concurrency Sales History Site Analysis Improvement Analysis Highest and Best Use The Valuation Process Cost Approach Sales Comparison Approach Correlation and Reconciliation Qualifications for Robert B. Banting, MAr, SRA (State-Cert Gen REA RZ4) Qualifications for Gary K. Orr (State-Certified Gen REA RZ2335) c Page No. 1 3 4 7 21 . 21 21 21 21 22 22 23 23 24 26 26 26 26 27 27 27 28 29 31 32 32 38 54 r r (' ~[)r::v~{)~ & CAVV~ I~C. SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS Client: Boynton Beach Redevelopment Agency Property Owner: Delray - Boynton Academy, Inc. Property Rights Appraised: Fee Simple Special Assumption: None special Unusual Market Externality: None Location: Northwest comer of Martin Luther King, Jr. Boulevard (NE 10th Avenue) and North Railroad Avenue, Boynton Beach, Flori!ia. SitelLand Area: 36,055 SF /0.83 Acres Improvements: A one-story, modular, manufactured, 8,580 square foot building used as a school built in 2004. Hazardous Waste Conditions: None apparent Zoning: Current: Planned: R2 and C2 Rl and C2 Comprehensive Land Use: Curren t: LRC and Medium Density Residential Personal Services and Single Family Residential Planned: 1 2 , , , . .. ~ ~ . . , , . . . . . , . . . . . . . . . , . . . . . . . . . . . . . . . , ~1)r=l?S{)~ & C4.l?l?~ I~C. r SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS (CONTINUED) Flood Zone & Map Number: Zone 'C', Map 120196-0004-C, Dated September 30,1982. Current Use: School Highest and Best Use: Quasi-Civic Value Conclusions: Cost Approach: Income Capitalization Approach: Sales Comparison Approach: $ 1,400,000 N/A $ 1,375,000 Final Value Conclusion: $ 1,400,000 r Date of Value: Date of Report: Date of Inspection: December 21, 2006 January 10,2007 December 21, 2006 Appraisers: Robert B. Banting, MAl State-Certified General Real Estate Appraiser RZ4 Gary K. On State-Certified General Real Estate Appraiser RZ2335 r ~ur=l2S()~ & CAl2l2~ I~C. r 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, arid 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. r 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 Real 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 inspected the subject property. No one provided significant real property appraisal assistance to the person signing this certification. o er State-Certified General Real Estate Appraiser RZ4 r G K. State- tified General Real state Appraiser RZ2335 3 4 . , , , , , , . , , .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ~1)r=VS()~ & CAVV~ 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. r 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. r ~[)~l?S()~ & CAl?l?~ I~C. r ASSUMPTIONS AND LIMITING CONDITIONS (CONTINUED) 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 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~[)f:V'()~ & CAJ2V~ I~C. r ASSUMPTIONS AND LIMITING CONDITIONS (CONTINUED) 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. r 17. The Americans with Disabilities Act (ADA) became effective January 26, 1992. The appraisers have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the appraisers have no direct evidence relating to this issue, possible non-compliance with the requirements of the ADA in estimating the value of the property has not been considered. 18. The subject consists of two lots that had been divided by an alley. The plans indicate this alley has been abandoned and a unity-of-title creating a single parcel was filed on July 1, 2004 (OR 17194/0813), but we have no paperwork showing abandonment of the alley, We, therefore, assume the city has abandoned the five foot alley. 19. ACCEPTANCE OF, AND/OR USE OF THIS APPRAISAL REPORT CONSTITUTES ACCEPTANCE OF THE PRECEDING CONDITIONS. c -, ~U-=l?~{)~ & CAl;>l?" I~C. r SUBJECT PROPERTY PHOTOS r I 'I' 1// t. 'it' View of the subject looking southwest from North Railroad Avenue. r View of the subject looking south from Northwest 11th Street. 7 8 . . ., . " ., ., . . . . ., . . . . . . . . . . . . .. ~ . . 11 a ~ . a." ~ . . . ~ ~ A)ii ~ . Mil ~ . . . . ~I)-=VS{)~ & CAl2V~ .,....C. r SUBJECT PROPERTY PHOTOS r View of the subject looking southwest from North Railroad Avenue. View of the subject looking northwest from Martin Luther King Jr. Boulevard. r .... ~[)~l?~()~ & CAl?V!I) .,...c. r SUBJECT PROPERTY PHOTOS , View of the subject looking northeast from Martin Luther King Jr. Boulevard. r r I ! ! , i' I I,: f! " Ii !i " :! ;1 I' ii Interior view of the subject property. i, j' 9 10 '" , , , , , , , f , f , , , , , , , . .. .. .. .. .. ~ ~ ~ ~ ~ ~ ~ ~ @ ~ (i ~ ~ ~ f f @ ~ , ~()~I:lS()~ & CAI:lI:l~ I~C. r SUBJECT PROPERTY PHOTOS r Interior view of the subject property. r Interior view of the subject property. .:: ~U~VS(),... ~ cAVV~ .,...c. r , SUBJECT PROPERTY PHOTOS r Interior view of the subject property. c . J'- ~ Interior view of the subject property. 11 12 . .. . - . " ., - ft << << "- ., . . . " . . ., ., ., I) . . ., . . . ., ., ., I) " " .. .. .. . ., " " .. ~[)-=l2SU~ &: C4.l2l2~ I~C. r SUBJECT PROPERTY PHOTOS r Interior view of the subject property. View of subject parking lot looking east. r ..... ~[)~VS()..... & CAJ:?V~ ......C. r SUBJECT PROPERTY PHOTOS r View looking west on Martin Luther King Jr. Boulevard with the subject on tpe right. r View looking east on Martin Luther King Jr. Boulevard with the subject on the left. 13 ~I)-=VS()~ & C4l?V~ I~C. 1"11 ffr fJ>> f'ft tJ (' SUBJECT PROPERTY PHOTOS tJ r f1v ~ f!fl 14 ~ f!ft C " 1 .,:W' . .. ~./) . . ", ., . _;x'" . . ., ., ., ~ ~ ., . .. .- . .. ~ ~ .. ., ., .. ~ ., .. .. .,. View looking north on North Railroad Avenue with the subject on the left. View looking sputh on North Railroad Avenue with the subject on the right. (' .... ~U~[?~()~ & CAl?[?~ I~C. r SUBJECT PROPERTY PHOTOS r View looking west on Northwest 11th Street with the subject on the left. r View looking. east on Northwest 11th Street with the subject on the right. 15 <;r~W-4 I ~ j 1i ,. ~~A.tlt '~\ Ii r,. ~,r~l'" ~~~t. ==-~ I DoLo......_ ::..... A.~ tJ~'" C ~U ~NOM +tARB013R:DR:N, It. 11 ..=::./i .11 {; trr ff'f' f(!r ftr f!!r f(f'f' f!f' f.f!' ifili' ~tJ-' f!'t J f'!f fft ff'J ", f!! f!'f ", " ", " " t!'J e fIJ f!! " e ., e e ~ j e e e ,,;/ ~ ~ ~ ~[)EVS()~ & CAVV~ I~C. r LOCATION / AREA MAPS r Ii .___0,,-<1., Ir-- r ~~;r-131~ r: ii 'Il: " Ii!' O"!'~C.1j '[I j H':.~r=~,f; ~. 'I Ii Ii"" J H ~ n . il i! ~ ~ ~l Nvt.5T~ ~i ~ \\ ~ +-4t~H II i ,J il ,j I: II ':, 10 I. I' \ijjL/:.J J,; ,,~;:~\~1;i , r 16 I: II I. !r r r ~U~l?S()~ &: CAl?l?~ I~C. SATELLITE IMAGES 17 18 . . " (f ff ff . <<' 1# . fJ ffl '. . f!1 " . " . ., . " " ., ~ .., 'fJ . ., . fIJ @J e e @ e e ~ ~ ~ ~ ~ ~ ~()f:VS{)~ &:: CAVV. 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I ~ ~:' ~ . , ...:" ;;j' I ~;l~" II iJl'l" , l ~ i -, =- a" - I~ . .' . ~ - . i: , i ;: " _:::... ..: .::':.. a.. \. ~) I ] ~t 17., :J ,i~'f ,-'" "''', '" 1 .\..... ~i' . -"-l ~<.; 0.. ~;~IP "'I' ,.., N-l.. - --' ;. ~ I !.,t, ~ . .:, >," ="' - ~ ".. " ~." ~ ~ t =;_ ~) " '" -- - - ,,' I I .... I~ ":11"\ :,-f i, :"'y-~7~'l"'>"": . " ..../ ~,/ ............. . ---: /~-~ ~~ '. l.:t-. '11 _ J ~. ~ s: o N .-: ~ t'l ~ " ~ .., " " e . . If; f!; ." ", . . " fl- e ., ., ., '" ., ., " ., " " ., . fJJ f/JJ fIJ ., fIJ . . f!J . . ... ~()I:l?S()~ &: CAl?l?~ I~C. r 1 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 December 21, 2006. PROPERTY APPRAISED The subject property consists of rectangular shaped, pre-manufactured, modular building containing 8,580 square feet situated on a 36,055 square foot site. The parcel is a double corner tract located at the northwest corner of Martin Luther King Jr. Boulevard (Northeast 10th Avenue) and North Railroad Avenue in central Boynton Beach, Florida. The property is within the 'Heart of Boynton' redevelopment district and was built for its current owner occupant; Delray-Boynton Academy, a community alternative school. LEGAL DESCRIPTIONl The East 300 feet of Block B, less the Westerly 129 feet and Easterly 54.36 feet Railroad Avenue and the FEe Railroad right-of-ways, Meeks & Andrews r Addition, Plat Book 5, Page 84, and Lot 2, less the FEC Railroad right-of-way, and Lots 3 and 4, Less the South 10 feet Northeast 10th Avenue right-of-way, Block 1, Plat Book 1, Page 123, Palm Beach County. Florida. . 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. r I Legal from Palm Beach County Property Appraiser Records, 21 2 The Dictionary of Real Estate Appraisal, Fourth Edition, American Institute of Real Estate Appraisers, 2002, Pg 1] 3. 22 en fff " ff'; ~ " tIl m ~ ~)IJ f'r f': ,., fff If ~ f! r r " ~ " " " " f! , (!! ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ , ~ ~I)~~S()~ & CA.~~~ I~C. r INTENDED USE AND USER (CONTINUED) 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. SCOPE OF ASSIGNMENT / 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. r 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 is a complete appraisal 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.2 (" ~ r r r ~U~V~()~ & CAI2V. I~C. 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.3 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. 3 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. 23 (' ~U~V~()"" & CAVV" .,...c. NEIGHBORHOOD DATA i , . , . ~----"'~-t\- r :: _";"",:_:=HW-13TIol .jr~lU! !i I \j i i! Ii ,JJfr,i IT ~,_ Ii I\~' ~ 1:'\1 wr.et'f'1 t; : ,: H 11;/ ~ It!,\ ..~"r;~L ~ ;.. , ~ I : '! !' \ C il~' Ii d ',~ I. 1 ji i j !~~_L:'--. H.,...___J'_ ....,...Jl U lcr~{~ \ '" '~'No~.. iH If \~~~l' ~:",,~ti~~.~, - ~._-) """'___ _JL__L j' Ii, 1'-- ----y-'I-.--,'-OU II I 1==' !. I~Af;"mw. 'I II I', . . Ii Ii. Ii ldJ I"," I ': JcJ::Jt:~C~~::;~~~~::1EJif 11~:~)h::1~s\ ],,~..Jl_.._,_L,~.,.,,___ ".~'.l----T I --"'I I", .rn'-F "--lr---r \'~._ _ _.____ L_.__I I ~=~: I~.;, .1.: ,J$W_'Il'H-._..-~.~_.-._-.._..J,-, '--. ----..~l,..---I n T.!Rl1HOVl~GE t=~~~~~[~_:~jf ,= "."THt~n[t. 1 ~~r{~;, . l,"-" -_. \:""'" "..SW1lTH -:SE:G1HJ'_- 0" r 1'........- ,.._,~ J . ;~-=o'~7i"",__..J..",.., _Il, .. L.t ii, il ~~'-li .--.----:;;;--.........-tr.---lf':SW7.7H .:.SUTH""--L II J~ .~~~t::l:~J,t;.~H =~tl -1r'[ ~:~i~~' c.=.-:;:.....::-~"i.- Heart of Boynton Redevelopment Area I ; " ':-_;:.=:.~HOW".$O .-=){ IIi ~AAaOUR-DR.Hl! 1/ t: The subject property is located in a primary residential locale just west and north of 'downtown Boynton Beach' known as the 'Heart of Boynton'. 24 ~ ~ ~ ....,. ~ f!f' @f fl!' f!1j ~ ~ ~ ~ ~ !I.;' ~ @I I Historically, this area has been a 'downtrodden' location with numerous vacant lots and old dilapidated homes and multi-family properties with dated infrastructure. More recently, through private and community efforts, a noticeable revitalization is taking place. Older properties have either been demolished or renovated and many new homes have been built. Additionally, roads, sidewalks, and street lighting have been upgraded. There are still many vacant lots and much to be done but obvious changes are taking place. A new community redevelopment plan outlines further infrastructure development including parks and streetscaping, and three several block assemblages for new projects; two large multi-family housing developments and a mixed-use development with neighborhood commercial nodes along Martin Luther King Jr. Boulevard. The subject is situated in one of the neighborhood commercial nodes. r r r r ~I)~l?i()~ & CAl?l?~ I~C. NEIGHBORHOOD DATA (CONTINUED) Revitalization of the subject neighborhood is evident from a casual drive through and continued changes are expected. However, the recent downturn in the general real estate market may slow future progress. Additionally, recent changes in condemnation laws may hinder future assemblages and redevelopment. Revitalization of a low income locale can be problematic. But when accompanied by nearby, upscale, high-end projects progress and success generally has a higher probability. Redevelopment of the downtown Boynton Beach waterfront has finally become a reality and this area is just blocks from the subject locale. 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. 25 26 Wi Iff' ttr- ~ It ff! fff f/f t!f ff fff f!'t ", ffJ ff'f If'! I'f ff'f ff'!f '" If'!t f"f f'!'r f!'f " ", f!!' ~ ~ t!J ~ " f!f tJ ~ ~ ~ ~ ~ ~ ~ ~ Ji ~I)~V~()~ ~ CAVV~ I~C. r PROPERTY DATA Owner of Record Delray-Boynton Academy, Inc. P.O. Box 1388 Boynton Beach, Florida 33425 Palm Beach County Property Control Number 08-43-45-21-22-006-0021 Assessed Value and Taxes r The subject property is assessed by the Palm Beach County Property Appraisers office with a total value of $855,576, of which $620,523 is attributable to the improvements and $235,053 for the land. As a non-profit school the subject is exempt from ad valorem but incurs a non-ad valorem private tax liability of $2,038 due in March 2007. Flood Zone The subject has been found to be located on the National Flood Insurance Program Map, Community Panel Number 120196-0004-C dated September 30, 1982. This map depicts that the subject is 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 all customary public utilities. r r ~[)I:l?~()~ & CAl?l?!l I~C. PROPERTY DATA (CONTINUED) Zoning / Land Use Plan The subject property is located within an area of the City of Boynton Beach with R2 (Single Family and Duplex) zoning over the north half of the subject and a C2 (Neighborhood Commercial) zoning over the south half of the property. Land use 'plan regulations are correlating Medium Residential and Local Retail Commercial. The Heart of Boynton Community Redevelopment Plan calls for similar split subject property zoning; R1 (Single Family) zoning and C2 (Neighborhood Commercial) zoning with a mixed use project along Martin Luther King Jr. Boulevard. Conceptually the plans denote a commercial node at the subject property. Correlating land use designations are Single Family and Personal Services. r' The C2 zoning allows many commercial uses such as stores and offices. Churches, medical centers, day care centers, and schools are permitted as a conditional use. Use of the residential portion of the subject for adjacent parking is permitted. Use of the subject property for a school is a legal use of the property. Concurrency Concurrency is not a development issue for an existing building. Sales History The subject land was acquired by the current owner occupant in January 2004 for $225,000 (OR 16493/0350). The Delray-Boynton Academy then built their school in mid 2004. r 27 28 ., e ., ~ << " << f', f1 ff If . . , f , f " f f " f! , ., f ~ , , f t f f'- , t!: t!: ~ ~ ~ ~ ~ ~ ~ ~ , . ~()I]~~()~ & CAl!V~ I~C. (' PROPERTY DATA (CONTINUED) Site Analysis This analysis is based on plans and specifications by Greenhorne & OMara, Inc. (180116.ams, 10/03) and Borden Planning (10/03), a property inspection, and the Palm Beach County Property Appraiser Records. The subject consists of two lots that had been divided by an alley. The plans indicate this alley has been abandoned and a unity-of-title creating a single parcel was filed on July 1, 2004 (OR 17194/0813), but we have no paperwork showing abandonment of the alley. We, therefore, assume the city has abandoned the five foot alley. The subject property is an irregular shaped parcel with about 110 feet on Martin Luther King Jr. Boulevard, around 300 feet on North Railroad Avenue, and just over 129 feet on Northwest 11th Street. The parcel contains 36,055 square feet or 0.83 acres. See sketch / plot on following page. r The parcel is more or less level with an elevation above road grade. It appears to be composed of typical, loose, south Florida sand. A small, landscaped drainage swale is located along the north side. Vehicular access is from North Railroad Avenue and Northeast 10th Street with pedestrian entrances on the north and south (Martin Luther King Jr. Boulevard) sides. North Railroad Avenue is a one-way street going south at the subject location and vehicular traffic must transverse the residential neighborhood to the north and west. No easements or encroachments were noted on the property. r r ;( f ~I)~J)~()~ & CAJ)J)!l I~C. PROPERTY DATA (CONTINUED) Site Analysis (Continued) Improvement Analysis This analysis'is based on plans and specifications by Greenhorne & OMara, Inc. (180116.ams, 10/03) and Borden Planning (10/03), a property inspection, and the Palm Beach County Property Appraiser Records. The subject site is improved with a wood frame, modular, pre-manufactured, building constructed in 2004. It sits on a crawl space foundation with metal '1' beam undercarriage and has composite siding. The structure measures 71.5 x 120 feet containing 8,580 square feet. 29 30 f'.' f'r ~ t; ~ ~ ~ ~ ~ ell << ~ ~ c << << f << << f" t ~ . e ., .., f ~ " , ~ , @ ~ @ , ~ f , , ~ f f .. ~()r=VSf)~ & CAVV~ I~C. r PROPERTY DATA (CONTINUED) Improvement Analysis (Continued) The building was assembled with a flat roof but for aesthetic purposes a hip roof was installed. It consists of wood roof trusses with a metal covering and wide overhang with support columns. Free standing concrete steps and handicap ramps are situated on the north and south side. Interior finish is of wall to wall carpet, drop and spayed ceilings, and composite walls. The building has central air conditioning, fire alarm system, and fire sprinklers. r The layout is open rooms on either side of a central hallway with offices at the south end. There are eight classrooms (includes an auditorium, media room, computer room, etc.), a teachers lounge with two baths, two larger common baths, lunch room, five offices, and storage room. An asphalt paved parking lot on the north side has two entrances 16 marked spaces plus dumpster bin, surrounding landscaping, and. adjacent drainage swale. The landscaped grounds include a sprinkler system. See photos at front of report and diagram below for further details. r .r:. ro lD E E Teacher's Lounge ~ 0 .r:. Offices e ro Lunch Room VJ VJ lD (Two) i VJ VJ co co : u U Bath Bath I I Storage I I I ~ I L______________________ Hall ______u_______________________ I .... I I'- I I I I E E E E E Offices I : 0 0 0 0 0 (Three) e e e e e Auditorium VJ VJ VJ VJ VJ VJ VJ VJ VJ VJ co co co co co U U U U U 120.0' r r r ~I)~l?~f)~ & CAl?l? I~C. 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. 4 The subject property is zoned for commercial and residential use. The site size and configuration would lend itself well to many uses within these categories and utilities are available for development. Supply of vacant sites within the locale is more than adequate and the area has been experiencing significant revitalization. Demand has been moderate but noticeable changes in the neighborhood combined with governmental and community support demand is expected to increase. The general real estate market has softened considerably but long term CRA redevelopment plans and commitments should ensure long term redevelopment. The subject lacks primary thoroughfare frontage without major commercial exposure. Commercial uses (office and retail) are primarily found along the main roadways with industrial uses generally located to the south. Martin Luther King Jr. Boulevard is planned for a commercial/residential mixed use corridor with commercial nodes at the subject intersection and its intersection with Seacrest Boulevard. Commercial use of the subject's residential zoned lot for adjacent parking is permitted. The subject location between industrial uses to the south, commercial uses to the east, and residential uses to the north and west creates an ideal spot for transition uses such as a school, church, day care center, community center, 'head start' facility, and such. It would also be suitable for local, neighborhood commercial uses. The existing improvements are only two years old and were specifically designed for their current use as an alternative middle school. The design and layout would lend itself well to many other uses including offices, day care center, house of worship, community center, etc. 4 The DictioD8I)' of Real Estate Appraisal, Fourth Edition, 2002, Appraisal Institute, pg, 135. 31 ~ 5 The Dictionary of Real Estate Appraisal, Fourth Edition, 2002, Appraisal Institute, pg. 67, 32 W! . ., e e e -.. .."I .,., ff; f!: f!: @ @ ~ '7 @ ~ @ .. i ~ ~ {II i , ~ ~ ~ ~ , ~ @ @ ~ ~ , ~ ~ ~ ~ ~ ~ ~ , ~[)I:V~()~ & CAVV~ I~C. r HIGHEST AND BEST USE The subject parking lot contains 16 spaces with a parking ratio of one space for very 536 square feet of building area. Normally, more parking would be required for, say, commercial uses, or a house of worship. However, there is adequate street parking. The highest and best use of the subject property as vacant is for commercial or quasi-civic use. The Highest and best use as improved is for continued use in a quasi-civic manner. THE VALUATION PROCESS r 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 approaches are the Cost and Sales Comparison Approaches because of the quasi-civic type improvements. The Income Capitalization Approach is not warranted as the subject would not typically be purchased for income producing purposes. The omission of this approach is not considered misleading to the client or necessary for a creditable estimate of value. COST APPROACH The cost approach is 'a set of procedures through which a value indication is derived for the fee simple interest in a property by estimating the current cost to construct a reproduction of (or replacement for) the existing structure, including an entrepreneurial incentive, deducting depreciation from the total cost, and adding the estimated land value. Adjustments may then be made to the indicated fee simple value of the subject property to reflect the value of the property i~terest being appraised.'5 r ~1)r=l?S()~ & CAl?l?~ I~C. r COST APPROACH (CONTINUED) Land Value Analysis The first step in the Cost Approach is to estimate land value. Land is valued as if vacant and available for development to its highest and best use by comparis()n to similar land recently sold and/or offered for sale in the open market. Among factors considered and analyzed are location, size, shape, topography, zoning, availability of utilities, and perspective use. 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 land sales for comparison with the subject. We researched numerous land sales in eastern Palm Beach County and selected six as representative of the subject market. This data is summarized and followed by a discussion addressing the elements of comparison between the sales and the subject. r 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 have utilized a qualitative comparison ranking instead of specific quantitative adjustments. This type of analysis is felt to be better suited to this market were specific adjustments would be questionable due to differences between the properties. We then reconciled the comparables' value indications to reach a land value indication for the subject. ,The sales are summarized in chart form on the following page with details retained in our files, and the analysis follows. r' 33 34 rJ ~ ~ ~ ~ ~ ~ ~ f'J .., " ~ ~ ~ ~ ~ ~ @ ~ @ ~ @ @ ~ ~ ~ @ @ " i' @ ~ i' @I . .. . .. . . @t .- . ... ~()I:l2S()~ & CAl2l2. I~C. r COST APPROACH (CONTINUED) Land Value Analysis (Continued) r LAND SALES SUMMARY CHART Sale ORBk Size Sale Price Per Date Page Location (Sq. Ft.) Price Sq. Ft. 1 18342 NW 1st Ave. 5,750 $193,000 $33.57 Mar-05 1646 Boynton Beach 2 19047 No. Federal Highway 26,105 $825,000 $31.60 Aug-05 1383 Boynton Beach 3 19192 No. Seacrest Blvd. 5,000 $250,000 $50.00 Aug-06 0303 Boynton Beach 4 19429 Martin Luther King 36,000 $1,118,000 $31.06 Oct-05 1378 Jr. Blvd., Boynton 5 20065 Martin Luther King 6,000 $130,000 $21.67 Mar-06 0889 Jr. Blvd., Boynton 6 21129 No. Seacrest Blvd. 24,030 $470,000 $19.56 Nov-06 1747 Boynton Beach Subject 16493 Martin Luther King 36,055 $22?,000 $6.24 Jan-04 0350 Jr. Blvd., Boynton . _~~P~.uL0:l6.~.~_. " ~_~aI __ _._....__...._..~_ __.QP.~_c;t~__ J "'ft rMf~~.o\l' ~~'~"i ~~'W"r i~-.~'~f:'~ ;:, :.' I Sale 5 I '" ,il I: \, 1i1 --~2r.D -. '"COt .~;~~; ji:1 I' Y_....! \\_..1 J ~ALO"A. n-.:.: ~ :.:...:::..:::.;.~if~~--:.'V::::;:.jl"'S'I'.HE~1T1~-... "ii IC~~';~ !; r '" II J" I-'I ,'J I' I, I, ~,.I .JL. -- '-'1 c= ,"""'.-j' ,<-",-.-~-..-" .J~r'_~.~r_.'J ~~~.:. ;:J=- -,Ji 1~7JI$UH.-:-, 7;:'; .' ," ~, J'.-- -- -T- -i - r .!I--_,! ._:r"D.~D...'W .. ::."_SW3RD 1r----:- -ll;::l':-n.:-= ~E.3IlD:1 -1 1 41:\04 -:'=~1 iL....' 1- _._,t --- -', ,,-~ ,.--..=r-:~l.' <. '''l/Ho>nLv.., 1,_ ' -;SW..lHH - - --r - - --;: , L . . - 1:.- =!-;"'~t~.;,:! t;_ 0( !'''''''''''i--'---,,,--, -1 ~~ ""~"'1r -[I" -~,- 1 => l t._. _...;SW~%l'u.: f' II I i, ~ u' f~~---ir'-'~ --~~-~"::lr:"S\IW~nl .$UtHl:':'::'j-'" \ --;~='- ="i,,;' - , I' - - I . J $WUH SE:7TH \. II lj ,~ i=;~~~: ~~~ l,-, -~.:F= -7_ =<< =h filTj f:.!.~F""";' .....~;~~p r ~U~VS()~ & c~v~ I~C. r COST APPROACH (CONTINUED) Land Value Analysis (Continued) Summary and Conclusion All of the sales are situated within close proximity to the subject property in central Boynton Beach. The sales represent tracts with similar potential to the subject. One is a commercial tract; another has commercial land on two sides with commercial potential. Others are located on the two main neighborhood roadways in the Heart of Boynton redevelopment area. These are all aspects of the subject. The data indicates that property values have softened over the recent past. Investors who were purchasing for major, short term profits appear to have realized that widespread redevelopment of the area will occur within the near future. r Based on the forgoing it is concluded that the market reflects a value of $20 per square foot for the subject site, as if vacant, with the total land value calculated as follows. 36,055 Square Feet @ $20 Per Square Foot = Rounded to: $ 721,000 LAND VALUE: $720,000 r 35 36 ~ " . ., << . . e e ~ . e e . I i ~ @ @ @ @ t . t i - . , , ~ . ~ ~ ~ - - . t t ~ ~ . t , ~()t=VS{)~ & CAVV~ I/IIllJC. r COST APPROACH (CONTINUED) Estimated Reproduction Cost We utilized the nationally recognized Marshall Valuation Service (Marshall) for our estimate of replacement cost new. The cost estimate from Marshall includes both hard construction costs (including contractor's profit) and soft costs such as architectural and engineering fees, interim construction financing, plus legal and professional fees, etc. The cost of normal site preparation is included in the total building costs. Marshall indicates that the subject building is a Low Cost to Average quality, Relocatable Classroom. We have used the higher quality/cost class to compensate for and include the elaborate roof system and lounge. The base square foot building construction cost, including hard costs, soft costs, contractor's profit, and normal costs of supervision is as follows. r MARSHALL VALUATION SERVICE BASE COST CHART Category Section Page Amount Relocatable Classroom Class D, Average Quality 18 15 $ 66.4600 Fire Sprinkler System 18 35 4.0000 Adjusted Base Cost $ 70.4600 Floor Area / Perimeter Multiplier (02/05) 18 36 0.9680 Adjusted Base Cost $ 68.2053 Current Cost Multiplier (12/06) 99 3 1.1500 Adjusted Base Cost $ 78.4361 Local Cost Multiplier (PBC - 10/06) 99 7 0.9600 Total $ 75.2986 Rounded To $ 75.00 The adjusted base cost includes all aspects of the building including aIr conditioning system, fire sprinkler system, and baths. Site improvements include landscaping, sprinkler system, driveways, and parking lot. These costs were derived from Marshall in Section 66 (Yard Improvements ). r ~()~l?Sf)~ & CAl?l?~ I~C. r COST APPROACH (CONnaNUED) Estimated Reproduction Cost (Continued) Entrepreneurial profit is the usual incentive for general real estate development and compensates the developer for his time, risk, and expertise. However, in the case of a, civic or quasi-civic use, such as a public or non-profit institution (school, library, head start program, day care, community center, house of worship, etc.), entrepreneurial profit is not the incentive for the endeavor and is not being included. Depreciation is a loss in value, generally from aging and deterioration. Marshall states the life expectancy of an excellent relocatable classroom structure of 35 years (Section 97, page 15). The subject was built in mid 2004 and is just over two years old. The improvements are almost new and show no signs of deferred maintenance and little 'wear and tear' with an effective age of one year. Based on an age / life method depreciation is 2 percent. r Conclusion ESTIMATED REPRODUCfION COST Structure Cost 8,580 Square Feet @ $75.00 Per Square Foot = $643,500 Miscellaneous Entrances 5,000 Total Building Cost $648,500 Less Depreciation @ 2% -12,970 Depreciated Cost of Building $635,530 Plus Site Improvements Land~caping, parking lot, sprinkler system 40,000 Reproduction Cost of Improvements $675,530 Plus Land Value 720,000 Total Reproduction Cost $1,395,530 Rounded to: $1,400,000 VALUE VIA COST APPROACH: $ 1,400,000 r 37 ~ 38 .. " f, " " " , " " , , , . . . -- . . ~ ~ . ~ .. t. ~ ~ . ~ " . " ~ ~ ... ~ ~ ~ ~ ~ ~ ~ ~ , ~ur=VS()~ & C4.VV~ I~C. r 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 civic and quasi-civic transactions in eastern Palm Beach County and selected six sales as representative of the subject market. Because of the subject's specific use, most probable use, and highest and best use for civic or quasi-civic usage we have selected sales of houses of worship and community type centers. These sales are considered the most similar in potential and purchase motivation. We have not included day care centers are they are primarily purchased for their income producing potentia1. r The elements of comparison include date of sale, conditions of sale, location, financing, size, and configuration. The measure of comparison among the comparables is the sale price per square foot of building area as this method is easy to understand and reflects a correlation in the market place. We have utilized a qualitative comparison ranking method. This type of analysis is felt to be well suited to this market were specific adjustments would be questionable due to differences between the properties. 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. r ~[)r=l?S()~ &: CAl?l? I~C. f' SALES COMPARISON APPROACH (CONTINUED) SALE NO. 1-1717 NE 2nd Avenue, Delray Beach, Florida. Our File 250312, 260762-11 r OR Book 17984, Page 1420 Deed Dated January 7,2005 Grantor: Primitive Baptist Foundation, Inc. Grantee: Magdadene Dieuvil Legal: Long legal in Section 9, Township 46 South, Range 43 East, Palm Beach County, Florida Parcel No. 's: 12-43-46-09-39-000-3801 and 3802 Location: ' East side of Northeast 2nd Avenue between Northeast 17th Street and Northeast 18th Street, Delray Beach, Florida. Zoning: CF, Community Facilities by Delray Beach Utilities: Water and sewer r 39 40 tr' , , If ~ r , ~ , ~ r, , ~ ~ r, ~ ~ ~ ~ ~ f! f! r r e II f? . ~ ffJ ffJ " " r tJ r " " " r II! t! t!: .. ~()-=VS()~ & CAVV. I~C. r SALES COMPARISON APPROACH (CONTINUED) SALE NO.1 (CONTINUED) Site Size: Rectangular shaped parcel measuring about 369 x 150 feet containing 55,200 square feet or 1.27 acres. Improvements: One story CBS church building built in 1960 with 5,928 square feet with paved and open grass parking. FAR: 0.11 Sales Price: $790,000 $133.27 Price/SF Bldg.: Financing: Conventional Comments: r Seller was out of state and was motivated to sell according to the buyer Dieuvil Magdadene. Buyer renovated building since sale at an undisclosed cost. Data also confirmed through public records and a copy of the deed. (ked 5/2005, gko) r ~[)~VS()~ & C4.VV~ I~C. r SALES COMPARISON APPROACH TO VALUE (CONTINUED) SALE NO.2 - 2620 Westgate Avenue, West Palm Beach, Florida Our File: 250665-11 r OR Book 19497, Pages 1590 Deed Dated October 21, 2005 Grantor: Korean Immanuel Mission Church, Inc. Grantee: Faith Cathedral Worship Center Legal: Lots 21 - 30, less comer triangle, and Lots 54 - 57, Block 34, West Gate Estates, Palm Beach County, Florida Parcel No's.: 00-43-43-30-03-034-0210 and 0270 Location: Property is located on the southwest comer of Westgate Avenue and Osceola Drive, West Palm Beach. Zoning: CG/SE, General Commercial with special exception, Palm Beach County (' 41 42 ~()~~~()~ & C..u?~~ I~C. r SALES COMPARISON APPROACH TO VALUE (CONTINUED) SALE NO.2 (CONTINUED Utilities: All typical municipal utilities available. Site Size: 40,685 square feet per site plan. Improvements: A one-story CBS church building containing 3,600 square feet, built in 1990, being in good condition. FAR: .09 Sales Price: $800,000 $222.23 Price/SF Bldg.: Financing: Seeking conventional financing r Comments: Anderson & Carr has appraised this property for the sale transaction. The total property had the potential of further development (Phase 2) with a 5,000 SF fellowship hall which was granted in 1996. The current building (containing 3,600SF) is Phase 1. After five years this approval was rescinded because construction had not started on Phase 2. Based on the potential for further development, the buyer is paying a premium for the property. The current improvement is in good condition and the buyer (congregation) can move in and occupy the property without having to obtain any approvals. (cam 10/2005) r ~[)-=l?S()~ & C..u?l?~ I~C. r SALES COMPARISON APPROACH (CONTINUED) SALE NO.3 - 905 Second Street, West Palm Beach Our File: 250281, 260293, 260762 - 11 r OR Book 2045, Page 1471 Deed Dated May 31, 2006 Grantor: Evangelical Power Ministries, Inc. Grantee: El Shaddai Faith Church of God Legal: Lots 12 and 13, Block 34, W. S. Clows Addition; Plat Book 1, Page 60, Palm Beach County, Florida. Parcel No.: 74-43-43- 21-06-034-0120 Location: North side of Second Street, one block east of Tamarind Avenue, West Palm Beach. Zoning: Building Type I by West Palm Beach Utilities: Water and sewer r 43 44 .., ~ ~ f!', ff'j ., ctf ., ~ ~ ~ ~ ., ." ., ~ . "- ., ~ " ., " " " "-' " " " ., . " " ., " " " . " " .. " e .. ~()r=[;!S()~ & C4.[;![;!~ I~C. r SALES COMPARISON APPROACH (CONTINUED) SALE NO.3 (CONTINUED) Improvements: Property improved with a one-story house of worship that was built in 1988. It is in average condition. Site Size: Rectangular shaped site 100FF x 120 containing approximately 12,000 square feet. Building SF 1,800 Gross FAR: .15 Sales Price: $355,000 $197.23 Price/SF Bldg.: r Financing: Conventional mortgage Comments: Information obtained from personal inspection, appraisal for the financing, copy of the contract, and deed. Arm's-length transaction verified with Harold Wilson, Realtor and listing broker. Property was on the market 186 days before it was sold to another small congregation. It will continue to be used as a house of worship. At the time of sale, congregation was utilizing adjoining lot for parking based on an agreement with property owner. No rental was being paid for this use. Sale has room to provide for on site parking along west side of building in an area that is currently being used as an outdoor meeting/BBQ area. (cam OS/2005, cab OS/2006, gko) r ~[)r=l?S()~ &: C4l?l?~ I~C. r SALES COMPARISON APPROACH (CONTINUED) SALE NO.4 - 3097 Hibiscus Circle, West Palm Beach, Florida. Our File 260725, 260762-11 r OR Book 20434, Page 0315 Deed Dated May 25,2006 Grantor: Trinity Baptist Church of Palm Beach County, Inc. Grantee: Christ Evangelical Baptist Church, Inc. Legal: A portion of Section 13, Township 43 South, Range 42 East, Palm Beach County, Florida Parcel No.: 00-42-43-13-00-000-5040 Location: West side of Hibiscus Circle just north of Community Drive and just east of North Military Trail, West Palm Beach. Zoning: RS - Single Family Residential Utilities: Water and sewer r 45 46 'I e ~ t. ~ ~ ~ ~ f, , f, , , , , , , , ,. j f j tii tii ~ jI tii ~ ... ~ @ @Ii f! f! ~ ~ @ @! @! ~ ~ @ @! ~[)~l?S()~ & C,.u?l?!J I~C. r SALES COMPARISON APPROACH (CONTINUED) SALE NO.4 (CONTINUED) Site Size: Rectangular site containing 174,240 square feet or 4 Acres Improvements: A CBS church building built in 1974 containing 4,330 square feet plus a 1,456 Sunday school building for a total of 5,786 square feet. FAR: .033 Sales Price: $1,400,000 $241.96 Price/SF Bldg.: Financing: Conventional r Comments: Betty Frazier, Director of Christ Evangelical Baptist Church, confirmed the details of the sale and verified that it was an arm's length transaction. This small church has several acres of excess land. (ecn 12/2006, gko) r .... ~ur=VS()~ & CAVV~ I~C. (' SALES COMPARISON APPROACH (CONTINUED) SALE NO.5 - 1506 Wingfield Street, Lake Worth, Florida Our File: 260369, 260762 - 11 r Deed D'ated July 24, 2006 OR Book 21059, Page 0101 Grantor: Cas a Partners, rnc Grantee: Daniel Francois Legal: Lot 4, Block 79, Additional 1 to Town of Lake Worth, Plat Book 5, Page 6, Lake Worth, Florida Parcel No.: 38-43-44- 27 -01-079-0040 Location: East side of Wingfield Street, just south of 15h Avenue South, Lake Worth Zoning: SF-TF-14 (Residential) by the City of Lake Worth Utilities: Municipal water and sewer r 47 Improvements: One-single story, CBS building built in 1964 containing 2,419 SF of enclosed building area respectively. lwtJ' '" ~ ffi tfJ ~ " If, " " " " " If: " " r r , , l- f ~ " ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ f ~ ~ f l I ~()r=l?S()~ & CA[?l?!) I~C. (' SALES COMPARISON APPROACH (CONTINUED) SALE NO.5 (CONTINUED) Site Size: Rectangular in shape and containing approximately 6,732 square feet, or .160 acres. FAR: 0.36 Sales Price: $290,000 Price SFlBldg.: $119.88 Financing: Cash to Seller r Comments: Sale property contains a structure that is known as a multi-cultural center. It houses a meeting room/classroom, offices, kitchen bedroom, game room, 2 bathrooms. It is being used for orientation and vocational learning for immigrants. Building was originally built as a boarding/apartment building housing 9 rooms. Owner/seller is a Realtor who leased it to the buyer in mid 2004. The gross rental was $2,000 per month on a month to month basis. Anderson & Carr appraised the property for the sale. (cam 6/2006, gko) r 48 ~I)-=VS()~ & CA[;lV. I~C. r SALES COMPARISON APPROACH SALE NO.6 - 340 & 346 SW 6th Ave., Delray Beach, Florida Our File: 260762 - 11 r OR Book 21172, Page 1359 Deed Dated December 7,2006 Grantor: Ages & Stages, Inc. Grantee: Milagro Foundation, Inc. Legal: Long legal in the South Y2 of Block 16, Linton, Plat Book 1, Page 3, Palm Beach County, Florida. Parcel No.'s: 12-43-46-16-01-016-0040 and 12-43-46-16-01-016-0020 Location: West side of Southwest 6th Avenue three blocks south of West Atlantic Avenue and six blocks west of Swinton Avenue, Delray Beach, Florida. Zoning: R-1-A - Single Family Residential by City of Delray Beach Land Use: Residential by the City of Delray Beach r 49 Utilities: Water and sewer r.-; fr; " " if " Iff If " ", t!tr ~ur=l?~{)~ & CAl?l?~ I~C. r SALES COMPARISON APPROACH (CONTINUED) SALE NO.6 (CONTINUED) Site Size: An 'L' shaped parcel with approximately 202 feet on Southwest 6th Avenue and 102 feet on Southwest 4th Street, containing approximately 22,500 square feet or 0.52 acres. FAR: 0.21 ttr f!!J' ffr f!!f' fff f!!f f!!f f!f fJ5 f!ff fJff f/JJ fl!f f!!f f!!! I!f ", I!!f ",. f!!'! f!! f!'! " ",. f!!f f!11 '-.' ~ r Improvements: Two single story CBS structures built in 1986 containing 4,636 square feet. Sales Price: $800,000 $172.56 r Price/SF Bldg: Financing: $650,000 mortgage with Bank of America Comments: Sale verified to be arms-length with Barry Halperin, President of the Milagro Foundation, Inc. on January 3, 2007. The structures were originally built as two single family residences which were later converted into a community 'outreach' facility. The property is currently known as the Milagro Center, an arts integrated educational and cultural facility with governmental funding. It is the home of the Delray Beach Head Start Program, a child and family development center. There are 13 on site parking spaces. (ecn, gko) r ", 50 . t!!J tfj .wi ~U~12S()~ & C41212" I~C. r SALES COMPARISON APPROACH (CONTINUED) IMPROVED SALES SUMMARY CHART Sale ORBk Land Building Sale Price Per Date Page Address Sq.Ft. Sq. Ft. FAR Price SF Bldg. 1 17984 1717 NE 2nd Ave. 33,750 5,928 0.18 $790,000 $133 lan-05 1420 Delray Beach 2 19497 2620 Westgate Ave. 40,685 3,600 0.09 $800,000 $222 Oct -05 1590 West Palm Beach 3 20435 905 2nd Street 12,000 1,800 0.15 $355,000 $197 May-06 1471 West Palm Beach 4 20434 3097 Hibiscus Cir. 174,240 5,786 0.03 $1,400,000 $242 May-06 0315 West Palm Beach 5 20657 1506 Wingfield St. 6,732 2,419 0.36 $290,000 $120 Jul-06 0408 Lake Worth 6 21172 340 SW 6th Ave. 22,500 4,636 0.21 $800,000 $173 Dec-06 1359 Delray Beach Subject 425 Martin Luther 36,055 8,580 0.24 ---- ---- Property King Jr. Blvd., BB r , r 51 I. I, Sale 5 L . Subject Sale 1 I, ~UI:12S()~ & CAl212~ I~C. ~ ~ - ., ~ r , e SALES COMPARISON APPROACH (CONTINUED) 52 . . . << . . f!!; ." '" ." '" " . ." III ., " ., ... .., ., " . . . . . " ." . ., . . . ., . . .. Summary and Conclusion The comparable sales are all located in eastern Palm Beach County from West Palm Beach to Delray Beach. All are quasi-civic sales. All were arms length transaction and none were influenced by financing or conditions of sale. The sales range from $133 to $242 per square foot of building area. This wide, range is due to a few factors which, when taken into consideration, narrows the range considerably. Property values increased dramatically during most of 2005, were more stable during late 2005 and the market softened noticeably during late 2006. Sale 1 requires an upward adjustment for changes in market conditions. r All of the sales are superior to the subject in construction (all are site built whereas the subject is a modular building) but are inferior in age and condition. Additionally, the subject has an appealing design with its metal roof. These off- setting conditions indicate no adjustment is warranted for construction, age, and condition. Some of the sales have vel}' low FAR (Floor Area Ratio) with sufficient room for expansion, parking and in one case a few acres of excess land. The subject has a higher FAR with limited parking for its building size. The data indicates an adjustment warranted for this factor. , Sale 1 ($133/sq. ft.) requires an adjustment upward for market conditions. Sales 2 ($ 222/sq. ft.) and 4 ($ 242/sq. ft.) an adjustment downward for low FAR's. Sale 3 ($197/sq. ft.) is much smaller than the subject with a downward adjustment needed for size. Sales 1, 5, and 6 are most similar to the subject. These sales reflect a range of about $125 to $175 per square foot for the subject with this range supported by the other sales after adjustments. The property is almost new and of good appeal. Thus, the value of the subject property should fall within the upper middle of the indicated range. r r r r ~1)~l?S()~ & CAl?l?~ I~C. SALES COMPARISON APPROACH (CONTINUED) Summary and Conclusion (Continued) Based on the foregoing, it is concluded that the market reflects a market value for the subject property of $160.00 per square foot of building area, as of December 21, 2006, with the total value calculated as follows. 8,580 Square Feet @ $160 Per Square Foot: Rounded to: $ 1,372,800 VALUE VIA SALES COMPARISON APPROACH: $ 1,375,000 53 \.,- Value Via Cost Approach: Value Via Capitalization Income Approach: Value Via Sales Comparison Approach: $ 1,400,000 N/A $ 1,375,000 ., . ~ " " fl!! ff!f f!!! "I' .tJ ff!f f!ft 4N()~VSc)/lll/ & CAl:)V~ I/lll/C. ,... , CORRELATION AND RECONCILIATION The Cost Approach is most reliable when the improvements are new and represent the highest and best use of the land. The subject improvements are almost new and are a good use of the land. Because of these factors this approach to value is given consideration. f!!i 54 C fI!1 . e e e f!! ~ . fJ ~ f f . f f , ~ f f f f '- ~ f f ~ ~ ~ ~ . The Income Capitalization Approach is neither applicable nor necessary for creditable, reliable value estimate and has been omitted. r The Sales Comparison Approach to Value is a good indicator of value when there is an active market and sales are found for comparison to the subject property. This approach to value actually shows what buyers and sellers are doing in the open market. The sales used were considered good indicators for valuing the subject. A typical investor would include this type of analysis in making a buying decision. This approach is given weight in the final analysis. Therefore, based on the preceding and considering both approaches to value, it is concluded that as of December 21, 2006 the market reflects a fee simple market value, for the subject of: ONE MILLION FOUR HUNDRED THOUSAND DOLLARS ($1,400,000) r QUALIFICATIONS OF APPRAISER ROBERT B. BANTING, MAl, SRA PROFESSIONAL DESIGNATIONS - YEAR RECEIVED (e. AI - Member AppraisaUnstitute - 1984 .<'A - Senior Residential Appraiser, Appraisal Institute - 1977 SRPA - Senior Real Property Appraiser, Appraisal Institute - 1980 State-Certified General Real Estate Appraiser, State of Florida, License No, RZ4 -1991 EDUCATION AND SPECIAL TRAINING Licensed 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 (AIREA) courses and/or exams: Note: the SREA & AIREA merged in 1991 to form the Appraisal Institute, SREA R2: SREA 201: SREA: SREA: AIREA IB: SREA 101: AIREA: AIREA: AIREA: AIREA 2-2: AIREA: AIREA: AIREA: Case Study of Single Family Residence Principles of Income Property Appraising Single Family Residence Demonstration Report Income Property Demonstration Report Capitalization Theory and Techniques Introduction to Appraising Real Property Case Studies in Real Estate Valuation Standards of Professional Practice Introduction to Real Estate Investment Analysis Valuation Analysis and Report Writing Comprehensive Examination Litigation Valuation Standards of Professional Practice Part C ATTENDED VARIOUS APPRAISAL SEMINARS AND COURSES. INCLUDING: The Internet and Appraising Golf Course Valuation Narrative Report Writing Appraising for Condemnation r'dominium Appraisal Reviewing Appraisals \ ,inent Domain Trials Tax Considerations in Real Estate Mortgage Equity Analysis Partnerships & Syndications Advanced Appraisal Techniques Federal Appraisal Requirements Valuation of Leases and Leaseholds Valuation Litigation Mock Trial Rates, Ratios, and Reasonableness Analyzing Income Producing Properties Standards of Professional Practice Regression Analysis In Appraisal Practice Discounting Condominiums & Subdivisions Condemnation: Legal Rules & Appraisal Practices Analyzing Commercial Lease Clauses Testing ReasonablenesslDiscounted Cash Flow Hotel and Motel Valuation Analytic Uses of Computer in the Appraisal Shop Residential Construction From The Inside Out Development of Major/Large Residential Projects Federal Appraisal Requirements Engaged in appraising and consulting assignments including market research, rental studies, feasibility analysis, expert witness testimony, cash flow analysis, settlement conferences, and brokerage covering all types of real estate since 1972, President of Anderson & Carr, Inc., Realtors and Appraisers, established 1947 Past President Palm Beach County Chapter, Society of Real Estate Appraisers (SREA) Realtor Member of Central Palm Beach County Association of Realtors Special Master for Palm Beach County Property Appraisal Adjustment Board Qualified as an Expert Witness providing testimony in matters of condemnation, property disputes, bankruptcy court, foreclosures, and other issues of real property valuation, Member of Admissions Committee, Appraisal Institute - South Florida Chapter Member of Review and Counseling Committee, Appraisal Institute - South Florida Chapter Approved appraiser for State of Florida, Department of Transportation and Department Natural Resources, Instructor of seminars, sponsored by the West Palm Beach Board of Realtors, Authored articles for The Palm Beach Post and Realtor newsletter, Real Estate Advisory Board Member, University of Florida, TYPES OF PROPERTY APPRAISED - PARTIALUSTING Air Rights Amusement Parks Condominiums Mobile Home Parks (' Dealerships t'ping Centers Medical Buildings Department Stores Industrial Buildings Servi~ Stations Vacant Lots - Acreage Leasehold Interests Apartment Buildings Hotels - Motels Office Buildings Special Purpose Buildings Residential Projects Financial Institutions Churches Marinas Residences - All Types Restaurants Golf Courses Easements "I am currently certified under the continuing education program of the Appraisal Institute," QUALIFICATIONS OF APPRAISER GARY K. ORR r-GENERALINFORMATION State-Certified General Real Estate Appraiser RZ2335 Licensed Real Estate Salesman - State of Rorida - 1978/1991 Realtor Associate Member - Rorida Association of Realtors - 197811991 Realtor Associate Member - National Association of Realtors - 1978/1991 Realtor Associate Member - West Palm Beach Multiple Listing Service - 1978/1991 EDUCATION AND SPECIAL TRAINING Graduate of Forest Hill 'High School - West Palm Beach Graduate of Palm Beach Junior College; AA Degree Business Administration Attended University of Rorida at Gainesville; College of Business Administration (1976 and 1977) Successfully completed and passed the following courses and/or seminars: SREA 101: Introduction to Appraising Real Property SREA 201: Principles of Income Property Appraising SREA: Principles of Cash Equivalency SREA: Adjusting for Financing Differences in Residential Property SREA: Market Interpretations of Extraction SREA: R41b Seminar - John Underwood, MAl, SREA SREA: R41c Seminar - Dr. William Kinnard, MAl, SREA AI: Standards of Professional Practice - Part A (....T: Exam Prep. for Commercial Appraiser CertificationiLicensing EMPLOYMENT EXPERIENCE Engaged in appraising real estate in the State of Rorida since 1978, Residential and Commercial appraiser for Anderson & Carr, Inc. 1978-1992. Residential and Commercial appraiser for Sayles & Sayles, Inc. 1992-1995. Residential and Commercial appraiser for Anderson & Carr, Inc. 1995 to present. APPRAISAL EXPERIENCE Charitable R.E. Donations Estate Settlements General Law Suits Partnership Buyouts Divorce Settlements Eminent Domain Executive Relocations Fractional Interests Mortgage Financing REO Properties PBC R.E. Assessment Appeals TYPES OF PROPERTY APPRAISED Acreage Citrus Groves Foliage Nurseries Industrial Complexes Motels (~t Office Buildings Jpping Centers Vacant Residential Lots Apartment Buildings Automobile Showrooms Convenience Stores EquestrianIPolo Estates Funeral Homes Industrial Land Lumber Yards Medical Offices Multi- Family Projects Office Buildings ResidenceslEstates-All Types Restaurants Special Purpose Properties Subdivision Commercial Land Warehouse Buildings Churches Farms Industrial Buildings Mini. 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