Agenda 09-11-07
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iIIii East Side- West Side-Seaside Renaissance
If any person decides to appeal any decisIOn made by the Board with respect to any matter considered at this meeting, he or she will
need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the appeal is to be based.
CRA Board Meeting
Tuesday, September 11,2007
City Commission Chambers
6:30 P.M.
I. Call to Order - Chairman Jerry Taylor
II. Pledge to the Flag and Invocation - Rev. Charles Brannon
III. National Anthem - Lou Galterio
IV. Roll Call
V. Agenda Approval
A. Additions, Deletions, Corrections to the Agenda
B. Adoption of Agenda
VI. Consent Agenda:
A. Approval of the Minutes - CRA Board Meeting - August 14,2007
B. Approval of the Period-Ended August 31, 2007 Financial Report
C. Approval of Amendment to the Waypointe Marine Inc. Management
Agreement
D. Approval ofRFPIRFQ for Fuel Dock and Marina Management Services
E. Approval of Funding up to $20,000 from the Residential Improvement
Grant Program (Bond II 02-58300-474) to Robert and Catherine Shaw for
the Property Located at 117 NW 4th Ave
F. Approval of Funding up to $20,000 from the Residential Improvement
Grant Program (Bond II 02-58300-474) to Ester Jerry for the Property
Located at 423 NW 7th Ave
G. Approval of Funding up to $20,000 from the Residential Improvement
Grant Program (Bond II 02-58300-474) to Sharon Darrisaw for the
Property Located at 509 NW 11 th Ave
VII. Public Comments: (Note: comments are limited to 3 minutes in duration)
VIII. Public Hearing:
Old Business:
New Business:
A. SE 4th Avenue
Abandonment
1.
PROJECT:
SE 4th Avenue (ABAN,07-004)
AGENT:
Jeff Tomberg
4th Street LLC
OWNER:
LOCATION:
Between Railroad Avenue and SE 4th Street
(adjacent to 416-417 SE 4th Avenue)
DESCRIPTION:
Request for abandonment of the west one-
half of SE 4th Avenue right-of-way located
east of Railroad Avenue, approximately 20
feet wide by 122 feet long.
B. Railroad Avenue
Abandonment
1.
PROJECT:
Railroad Avenue (ABAN 07-005)
AGENT:
Jeff Tomberg
OWNER:
4th Street LLC
LOCATION:
East of the F.E.C. Railroad between SE 2nd
Avenue and SE 4th Avenue (adjacent to 399
- 417 SE 4th Street)
DESCRIPTION:
Request for abandonment of a portion of Railroad
Avenue right-of-way approximately 30 feet wide by
484 feet long.
IX. Pulled Consent Agenda Items
X. Old Business:
A. Approval of CRA Marina Dockage Agreement and Rental Rates for FY
2007-2008 (Tabled from August 14, 2007 meeting)
B. Approval of Purchase Agreement with Mr. and Mrs. Gillard for 402 NW
12th Ave in the amount of $170,000 (Budget Line Item 58300-200)
C. Approval of Budget for FY 2007 - 2008
XI. New Business
A. Consideration of Work Order #1 with Burkhardt Construction (Seacrest
Streetscape) in the amount of $24,800
B. Consideration of Purchase Agreement with Elaine Venturelli for 508 N.
Seacrest, 103 NE 4th Avenue and 105 NE 4th Avenue in the amount of
$545,000 (Budget Line Item 58300-200)
C. Consideration of Purchase Agreement with Richard and Linda Emilcar for
511 NE 1 st Avenue in the Amount of $210,000 (Budgeted Line Item 58300-
200)
D. Consideration of Burkey Risk Services, Inc. Insurance Proposal for FY
2007 - 2008
E. Consideration of a Direct Incentive Funding Agreement for Eastside Lofts
F. Consideration of Entering into a Five-Year Contract with Grucci Fireworks
for the Fourth of July Salute to Independence
G. Consideration of Exempting Ocean District from the Utility Tax for
Restaurant Seating
H. Consideration of CRA Lobbyist
XII. Comments by Staff
XIII. Comments by Executive Director
XIV. Comments by eRA Board Attorney
XV. Comments by CRA Board
XVI. Adjournment
f
VI. C~NS NT AfttNDA:
A. App ;ovalofithe!Minutes:
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eRA Boar(li: eet ng'- 4ugust 14, 2001
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East Side-West Side-Seaside Rena',ssance
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: September 11,2007
AGENDA ITEM:
x I Consent Agenda
Old Business
New Business
Public Hearing
Other
SUBJECT: MontWy Financial Report
SUMMARY: Monthly budget report to the CRA Board representing the General Fund revenues and
expenses for the month ending August 31 , 2007.
FISCAL IMPACT: None
RECOMMENDATIONS: Approve August financials.
~~
Susan Harris
Finance Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 09 11 CRA Baord Meeting - September\Monthly Financial Report.doc
9-04-2007 01:23
BOYNTON BEACH CF
REVENUE & EXPENDITURES REPOR1 AUDITED)
AS OF: AUGUST 31ST, 2uu7
PAGE:
1
1 -GENERAL FUND
'INANCIAL SUMMARY
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
~VENUE SUMMARY
T . 1. F . INCOME 9,000,000 9,000,000 204,431.00) 9,088,067.65 0.00 88,067.65) 0.98-
MARINA RENT & GRANT INC 620,000 826,000 104,807.30 897,912.43 0.00 71,912.43) 8.71-
MARKETING INCOME 10,000 10,000 600.00 1,200.00 0.00 8,800.00 88.00
FESTIVALS & EVENT INCOME 2,000 2,000 1,305.00 17,786.60 0.00 15,786.60) 789.33-
INVESTMENT INCOME 180,000 180,000 0.00 410,618.52 0.00 230,618.52) 128.12-
CONTRIBUTIONS & DONATION 1,000 1,000 0.00 0.00 0.00 1,000.00 100.00
MISCELLANEOUS 0 0 129.85 1,266.47 0.00 1,266.47) 0.00
OTHER FINANCING SOURCES 0 0 0.00 0.00 0.00 0.00 0.00
'OTAL REVENUES 9,813,000 10,019,000 97,588.85) 10,416,851. 67 0.00 397,851.67) 3.97-
------------ ------------ ------------- ------------- ------------- ------------- -------
------------ ------------ ------------- ------------- ------------- ------------- -------
~XPENDlTURE SUMMARY
LEGISLATIVE 48,800 53,300 1,500.00 38,835.99 2,941.29 11,522.72 21. 62
ADMINISTRATIVE 233,216 248,116 17,430.28 211,275.69 0.00 36,840.31 14.85
AUDITOR 10,900 23,580 0.00 23,434.62 0.00 145.38 0.62
FINANCE 176,101 178,650 8,060.43 170,905.70 0.00 7,744.30 4.33
INSURANCES 40,311 61,340 0.00 61,027.97 0.00 312.03 0.51
PROFESSIONAL SERVICES 613,525 615,945 23,926.30 407,344.48 87,268.90 121,331.62 19.70
PLANNING 225,200 271,113 13,235.27 169,807.30 11,300.00 90,005.32 33.20
BUILDINGS & PROPERTY 245,945 304,325 15,192.83 182,994.79 101,722.48 19,607.73 6.44
MARINA 39,000 314,000 115,261.60 808,073.06 2,179.68 496,252.74) 158.04-
COMMUNICATIONS & TECHNOLO 83,404 84,464 1,775.77 46,930.60 9,029.16 28,504.24 33.75
SOFTWARE & TECHNOLOGY 30,077 30,500 3,000.00 25,332.57 540.00 4,627.43 15.17
CONTINGENCY 500,000 367,176 0.00 0.00 0.00 367,176.00 100.00
POLICE 120,000 28,175 0.00 10,390.20 0.00 17,784.80 63.12
TRANSPORTATION 646,420 649,920 65,952.00 520,063.22 117,310.78 12,546.00 1. 93
INCENTIVES & GRANTS 325,000 325,000 15,000.00 58,108.50 50,000.00 216,891.50 66.74
MARKETING 264,800 266,900 24,226.76 229,871.48 23,590.36 13,438.16 5.03
SPECIAL EVENTS 353,050 358,188 9,917.90 308,896.13 5,939.00 43,352.87 12.10
SIGNAGE PROGRAM 15,000 16,500 0.00 4,350.00 12,026.00 124.00 0.75
HEART OF BOYNTON 200,000 200,000 0.00 80,291.45 0.00 119,708.55 59.85
DEVELOPMENT PROJECTS 2,400,295 2,368,235 151,216.92 765,089.11) 150,850.76 2,982,473.35 125.94
EMPLOYEE BEBEFITS 152,183 162,300 7,857.32 138,414.49 570.00 23,315.89 14.37
DEBT SERVICE 3,089,773 3,090,273 46,058.59 1,162,745.25 0.00 1,927,527.75 62.37
TRANSFER OUT 0 0 0.00 0.00 0.00 0.00 0.00
rOTAL EXPENDITURES 9,813,000 10,018,000 519,611.97 3,894,004.38 575,268.41 5,548,727.21 55.39
------------ ------------ ------------- ------------- ------------- ------------- -------
------------ ------------ ------------- ------------- ------------- ------------- -------
REVENUES OVER!(UNDER) EXPENDITURES 0 1,000 617,200.82) 6,522,847.29 575,268.41) ( 5,946,578.88)4,657.89-
9-04-2007 01:23
BOYNTON BEACH CR'
REVENUE & EXPENDITURES REPOR'I I.UDITED)
AS OF: AUGUST 31ST, 2vvl
PAGE:
2
,1 -GENERAL FUND
~VENUES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
: . 1. F . INCOME
01-41000 T.1.F. COLLECTIONS 9,000,000 9,000,000. ( 204,431.00) 9,088,067.65 0.00 88,067.65) 0.98-
TOTAL T.I.F.INCOME 9,000,000 9,000,000 ( 204,431.00) 9,088,067.65 0.00 88,067.65) 0.98-
IARINA RENT & GRANT INC
01-42100 TROLLY -FEDERAL & MPO GRANTS 0 0.0 0.00 0.00 0.00 0.00 0.00
01-42110 MARINA - COUNTY GRANT 500,000 500,000.0 0.00 0.00 0.00 500,000.00 100.00
01-42112 MORTGAGE REIMB. - COUNTY GRAN 0 0.0 0.00 0.00 0.00 0.00 0.00
01-42115 MARINA RENTS 120,000 120,000.0 11,624.86 136,943.13 0.00 16,943.13) 14 . 12-
01-42116 MISCELLANEOUS RENTS FRO PROPE 0 0.0 600.00 5,122.74 0.00 5,122.74) 0.00
01-42117 MARINA FUEL SALES 0 203,000.0 92,582.44 753,083.88 0.00 550,083.88) 270.98-
01-42118 MARINA MISC INCOME 0 3,000.0 0.00 2,762.68 0.00 237.32 7.91
01-42120 MANGROVE LAND PURCHASE 0 0.0 0.00 0.00 0.00 0.00 0.00
TOTAL MARINA RENT & GRANT INC 620,000 826,000 104,807.30 897,912.43 0.00 71,912.43) 8.71-
IARKETING INCOME
01-43100 TROLLY MARKETING INCOME 10,000 10,000.0 600.00 1,200.00 0.00 8,800.00 88.00
TOTAL MARKETING INCOME 10,000 10,000 600.00 1,200.00 0.00 8,800.00 88.00
'ESTIVALS & EVENT INCOME
01-44100 FESTIVAL & EVENT INCOME 2,000 2,000.0 1,305.00 3,325.00 0.00 1,325.00) 66.25-
01-44101 SHARED FESTIVAL INCOME-PIRATE 0 0.0 0.00 8,288.85 0.00 8,288.85) 0.00
01-44102 SHARED FESTIVAL INC- MEDIEVAL 0 0.0 0.00 3,369.77 0.00 3,369.77) 0.00
01-44103 SHARED FESTIVAL INC - HERITAG 0 0.0 0.00 1,000.00 0.00 1,000.00) 0.00
01-44104 SHARED FESTIVAL INC-HOLIDAY F 0 0.0 0.00 1,802.98 0.00 1,802.98) 0.00
TOTAL FESTIVALS & EVENT INCOME 2,000 2,000 1,305.00 17,786.60 0.00 15,786.60) 789.33-
[NVESTMENT INCOME
01-46100 INTEREST INCOME 180,000 180,000.0 0.00 410,618.52 0.00 230,618.52) 128.12-
TOTAL INVESTMENT INCOME 180,000 180,000 0.00 410,618.52 0.00 230,618.52) 128.12-
:ONTRIBUTIONS & DONATION
01-47100 CONTRIBUTIONS & DONATIONS 1,000 1,000.0 0.00 0.00 0.00 1,000.00 100.00
TOTAL CONTRIBUTIONS & DONATION 1,000 1,000 0.00 0.00 0.00 1,000.00 100.00
\fISCELLANEOUS
01-48100 MISCELLANEOUS INCOME 0 0.0 129.85 1,266.47 0.00 1,266.47) 0.00
01-48200 REFUND FROM PRIOR YEAR EXP 0 0.0 0.00 0.00 0.00 0.00 0.00
TOTAL MISCELLANEOUS 0 0 129.85 1,266.47 0.00 1,266.47) 0.00
9-04-2007 01:23
11 - GENERAL FUND
~VENUES
ORIGINAL
BUDGET
BOYNTON BEACH CP
REVENUE & EXPENDITURES REPOR1 AUDITED)
AS OF: AUGUST 31ST, 2007
PAGE:
3
AMENDED
BUDGET
MONTHLY
ACTIVITY
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
lTHER FINANCING SOURCES
01-49100 OTHER FINANCING SOURCES
TOTAL OTHER FINANCING SOURCES
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
:OTAL REVENUES
0 0.0 0.00 0.00 0.00 0.00 O. 00
0 0 0.00 0.00 0.00 0.00 O. 00
9, 813 , 000 10, 019, 000 97,588.85) 10,416,851.67 0.00 397, 851. 67) 3 .97-
------------ ------------ ------------- ------------- ------------- ------------- -------
------------ ------------ ------------- ------------- ------------- ------------- -------
9-04-2007 01:23 BOYNTON BEACH CR" PAGE: 4
REVENUE & EXPENDITURES REPORT .\UDlTED)
AS OF: AUGUST 31ST, 2uu"l
II -GENERAL FUND
,EGISLATIVE
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
JEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
JURCHASED/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 8,133 1,500.00 8,132.50 0.00 0.00 0.00
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 33,068 0.00 22,218.04 0.00 10,849.46 32.81
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 1,500.00 38,236.73 2,941.29 11,521.98 21. 86
mpPLIES
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 1,500.00 38,835.99 2,941.29 11,522.72 21. 62
9-04-2007 01:23
11 -GENERAL FUND
illMINISTRATIVE
lEPARTMENTAL EXPENDITURES
'ERSONNEL SERVICES
01-51230-100 PERSONNEL SERVICES
01-51230-115 CAR ALLOWANCE
TOTAL PERSONNEL SERVICES
'URCHASED/ CONTRACT SERV
01-51230-200 CONTRACTUAL EXPENSE
01-51230-203 MISCELLANEOUS
01-51230-220 PROMO & BUSINESS TRAVEL
01-51230-225 ASSOC. MEETINGS & SEMINAR
01-51230-226 MEMBERSHIP DUES
01-51230-227 DELIVERY SERVICES
01-51230-229 CAREER DEVELOPMENT
TOTAL PURCHASED/CONTRACT SERV
;UPPLIES
01-51230-300 OFFICE EXPENSE
01-51230-310 OFFICE SUPPLIES
01-51230-355 SUBSCRIPTIONS
01-51230-360 BOOKS & PUBLICATIONS
01-51230-365 OFFICE PRINTING COSTS
TOTAL SUPPLIES
)EPRECIATION & AMORT
01-51230-610 DEPRECIATION
TOTAL DEPRECIATION & AMORT
TOTAL ADMINISTRATIVE
ORIGINAL
BUDGET
195,000
4,030
199,030
500
2,000
o
10,000
4,870
500
3,000
20,870
1,000
7,500
1,316
1,000
2,500
13,316
233,216
BOYNTON BEACH CR'
REVENUE & EXPENDITURES REPORT I.UDITED)
AS OF: AUGUST 31ST, 2uu7
AMENDED
BUDGET
204,900
4,030
208,930
600
2,000
o
16,500
5,270
500
1,500
26,370
1,000
7,500
1,316
1,000
2,000
12,816
o
o
248,116
MONTHLY
ACTIVITY
15,284.62
310.00
15,594.62
0.00
0.00
0.00
91.31
0.00
0.00
0.00
91.31
130.70
1,289.12
0.00
0.00
324.53
1,744.35
o
o
0.00
0.00
17,430.28
YEAR-TO-DATE
BALANCE
176,678.18
3,525.90
180,204.08
583.00
2,000.00
0.00
15,497.06
5,064.15
491.12
45.00
23,680.33
849.44
5,448.88
304.94
463.49
324.53
7,391.28
0.00
0.00
211,275.69
TOTAL
ENCUMBERED
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
UNENCUMBERED
BALANCE
28,221.82
504.10
28,725.92
17.00
0.00
0.00
1,002.94
205.85
8.88
1,455.00
2,689.67
150.56
2,051.12
1,011.06
536.51
1,675.47
5,424.72
36,840.31
PAGE:
5
% OF
BUDGET
REMAINING
13.77
12.51
13.75
2.83
0.00
0.00
6.08
3.91
1. 78
97.00
--
10.20
15.06
27.35
76.83
53.65
83.77
42.33
0.00
0.00
0.00
0.00
14.85
9-04-2007 01:23
'1 -GENERAL FUND
,UDITOR
IEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
BOYNTON BEACH CR'
REVENUE & EXPENDITURES REPORT I.UDlTED)
AS OF: AUGUST 31ST, 2Uu7
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
PAGE:
6
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
'URCHASED / CONTRACT SERV
01-51320-202 AUDITORS FEES
01-51320-227 DELIVERY SERVICES
TOTAL PURCHASED/CONTRACT SERV
10,700
200
10,900
23,408
172
23,580
0.00
0.00
0.00
23,407.37
27.25
23,434.62
0.00
0.00
0.00
0.63
144.75
145.38
0.00
84.16
0.62
TOTAL AUDITOR
0.62
10,900
23,580
0.00
23,434.62
0.00
145.38
9-04-2007 01:23
BOYNTON BEACH CF
REVENUE & EXPENDITURES REPOR'l AUDITED)
AS OF: AUGUST 31ST, 2vu7
PAGE:
7
Jl -GENERAL FUND
'INANCE
)EPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
)ERSONNEL SERVICES
01-51325-100 PERSONNEL SERVICES 149,000 149,000 5,769.24 146,288.27 0.00 2,711.73 1. 82
01-51325-115 CAR ALLOWENCE 2,600 2,600 0.00 1,700.00 0.00 900.00 34.62
TOTAL PERSONNEL SERVICES 151,600 151,600 5,769.24 147,988.27 0.00 3,611. 73 2.38
)URCHASED/CONTRACT SERV
01-51325-200 CONTRACTUAL EXPENSE 4,500 4,882 1,220.91 4,881.17 0.00 0.83 0.02
01-51325-201 BANK FEES 500 2,800 49.13 2,879.88 0.00 79.88) 2.85-
01-51325-203 MISCELLANEOUS 0 0 0.00 0.00 0.00 0.00 0.00
01-51325-220 PROMO & BUSINESS TRAVEL 0 0 0.00 0.00 0.00 0.00 0.00
01-51325-225 ASSOC. MEETINGS & SEMINAR 8,200 8,200 0.00 8,132.83 0.00 67.17 0.82
01-51325-226 MEMBERSHIP DUES 1,300 1,300 0.00 170.00 0.00 1,130.00 86.92
01-51325-227 DELIVERY COSTS 361 364 110.00 363.74 0.00 0.26 0.07
01-51325-229 CAREER DEVELOPMENT 3,000 2,550 0.00 0.00 0.00 2,550.00 100.00
TOTAL PURCHASED/CONTRACT SERV 17,861 20,096 1,380.04 16,427.62 0.00 3,668.38 18.25
mpPLIES
01-51325-300 OFFICE EXPENSE 1,500 1,500 0.00 1,388.54 0.00 111.46 7.43
01-51325-310 OFFICE SUPPLIES 3,000 3,065 261.16 3,064.03 0.00 0.97 0.03
01-51325-355 SUBSCRIPTIONS 0 0 0.00 0.00 0.00 0.00 0.00
01-51325-360 BOOKS & PUBLICATIONS 100 100 0.00 73 .49 0.00 26.51 26.51
01-51325-365 OFFICE PRINTING COSTS 1,040 1,289 0.00 1,263.80 0.00 25.20 1. 96
TOTAL SUPPLIES 5,640 5,954 261.16 5,789.86 0.00 164.14 2.76
:APITAL OUTLAY
01-51325-400 EQUIPMENT COSTS 1,000 1,000 649.99 699.95 0.00 300.05 30.01
TOTAL CAPITAL OUTLAY 1,000 1,000 649.99 699.95 0.00 300.05 30.01
)EPRECIATION & AMORT
01-51325-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL FINANCE 176,101 178,650 8,060.43 170,905.70 0.00 7,744.30 4.33
9-04-2007 01:23
BOYNTON BEACH CR-
REVENUE & EXPENDITURES REPOR'l A.UDlTED)
AS OF: AUGUST 31ST, 2vv7
PAGE:
8
J1 -GENERAL FUND
:NSURANCES
JEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
'URCHASED/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
9-04-2007 01:23
BOYNTON BEACH CR
REVENUE & EXPENDITURES REPOR1 AUDITED)
AS OF: AUGUST 31ST, 2uU7
PAGE:
9
11 - GENERAL FUND
'ROFESSIONAL SERVICES
lEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
.. OF
UNENCUMBERED BUDGET
BALANCE REMAINING
'URCHASED/CONTRACT SERV
01-51420-200 CONTRACTUAL EXPENSE 126,000 125,900 10,031.10 67,349.35 57,468.90 1,081. 75 0.86
01-51420-201 CONTRACT LEGAL 350,000 350,000 6,395.20 257,250.78 0.00 92,749.22 26.50
01-51420-203 LOBBYING COSTS- FED & STA 80,000 80,000 7,500.00 52,500.00 7,500.00 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 0.00 30,199.35 22,300.00 20.65 0.04
TOTAL PURCHASED/CONTRACT SERV 613,525 615,945 23,926.30 407,344.48 87,268.90 121,331.62 19.70
TOTAL PROFESSIONAL SERVICES 613,525 615,945 23,926.30 407,344.48 87,268.90 121,331.62 19.70
9-04-2007 01:23
BOYNTON BEACH CRT
REVENUE & EXPENDITURES REPORT I.UDITED)
AS OF: AUGUST 31ST, 2vul
PAGE:
10
11 -GENERAL FUND
'LANNING
lEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
'ERSONNEL SERVICES
01-51440-100 PERSONNEL SERVICES 86,000 126,385 12,615.38 112,846.11 0.00 13,538.51 10.71
01-51440-115 CAR ALLOWANCE 0 1,100 200.00 900.00 0.00 200.00 18.18
TOTAL PERSONNEL SERVICES 86,000 127,485 12,815.38 113,746.11 0.00 13,738.51 10.78
'URCHASED/ CONTRACT SERV
01-51440-200 CONTRACTUAL EXPENSE 124,000 120,900 0.00 41,201.20 11,300.00 68,398.80 56.57
01-51440-203 MISCELLANEOUS 0 0 0.00 0.00 0.00 0.00 0.00
01-51440-216 ADVERTISING & PUBLIC NOTI 1,000 1,000 212.70 212.70 0.00 787.30 78.73
01-51440-220 PROMO & BUSINESS TRAVEL 0 0 0.00 0.00 0.00 0.00 0.00
01-51440-225 ASSOC. MEETINGS & SEMINAR 3,800 10,800 0.00 9,872.33 0.00 927.67 8.59
01-51440-226 MEMBERSHIP DUES 900 1,182 0.00 1,131.25 0.00 50.75 4.29
01-51440-227 DELIVERY SERVICES 500 500 0.00 499.70 0.00 0.30 0.06
01-51440-229 CAREER DEVELOPMENT 1,500 1,218 0.00 0.00 0.00 1,218.00 100.00
TOTAL PURCHASED/CONTRACT SERV 131,700 135,600 212.70 52,917.18 11,300.00 71,382.82 52.64
lUPPLIES
01-51440-300 OFFICE EXPENSE 3,000 2,860 201.19 493.06 0.00 2,366.94 82.76
01-51440-310 OFFICE SUPPLIES 1,200 1,899 0.00 1,708.99 0.00 190.01 10.01
01-51440-355 SUBSCRIPTIONS 200 200 0.00 0.00 0.00 200.00 100.00
01-51440-360 BOOKS & PUBLICATIONS 300 300 0.00 95.00 0.00 205.00 68.33
01-51440-365 OFFICE PRINTING COSTS 2,500 2,469 6.00 646.97 0.00 1,822.03 73.80
TOTAL SUPPLIES 7,200 7,728 207.19 2,944.02 0.00 4,783.98 61.90
~APITAL OUTLAY
01-51440-400 EQUIPMENT COSTS 300 300 0.00 199.99 0.00 100.01 33.34
TOTAL CAPITAL OUTLAY 300 300 0.00 199.99 0.00 100.01 33.34
JEPRECIATION & AMORT
01-51440-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL PLANNING 225,200 271,113 13,235.27 169,807.30 11,300.00 90,005.32 33.20
9-04-2007 01:23
1 -GENERAL FUND
UILDINGS & PROPERTY
'EPARTMENTAL EXPENDITURES
'URCHASED/ 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
:UPPLIES
01-51620-315 POSTAGE COSTS
01-51620-325 ELECTRICITY COSTS
01-51620-326 WATER CHARGES
TOTAL SUPPLIES
:APITAL OUTLAY
01-51620-400 EQUIPMENT COSTS
TOTAL CAPITAL OUTLAY
lEPRECIATION & 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 BEACH CRl
REVENUE & EXPENDITURES REPORT ,UDITED)
AS OF: AUGUST 31ST, 2Uvl
AMENDED
BUDGET
2,200
49,861
13,280
11,529
14,527
190,539
o
281,936
2,000
10,000
8,000
20,000
2,389
2,389
o
o
304,325
MONTHLY
ACTIVITY
190.50
6,738.04
690.00
0.00
1,216.00
5,495.00
0.00
14,329.54
266.96
582.20
14.13
863.29
0.00
0.00
o
o
0.00
0.00
15,192.83
YEAR-TO-DATE
BALANCE
1,978.90
45,860.54
7,690.00
11,461.70
13,142.71
93,287.77
0.00
173,421.62
1,327.92
4,650.75
2,597.15
8,575.82
997.35
997.35
0.00
0.00
182,994.79
TOTAL
ENCUMBERED
211.25
4,000.00
590.00
0.00
1,216.00
84,953.13
0.00
90,970.38
0.00
5,349.25
5,402.85
10,752.10
0.00
0.00
0.00
0.00
101,722.48
UNENCUMBERED
BALANCE
9.85
0.00
5,000.00
67.30
168.29
12,298.56
0.00
17,544.00
672.08
0.00
0.00
672.08
1,391.65
1,391.65
19,607.73
0.00
0.00
PAGE:
11
% OF
BUDGET
REMAINING
0.45
0.00
37.65
0.58
1.16
6.45
0.00
6.22
33.60
0.00
0.00
3.36
58.25
58.25
0.00
0.00
6.44
9-04-2007 01:23
11 -GENERAL FUND
IARINA
lEPARTMENTAL EXPENDITURES
'URCHASED / 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
mpPLIES
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 BEACH CR
REVENUE & EXPENDITURES REPOR1 AUDITED)
AS OF: AUGUST 31ST, 2uU7
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
1,626.70
9,658.33
4,548.16
15,833.19
1,931.49
0.00
94,289.86
2,136.48
98,357.83
1,070.58
1,070.58
115,261.60
YEAR-TO-DATE
BALANCE
741. 01
7,854.15
32,450.70
69,789.22
22,414.04
133,249.12
9,951.87
1,082.45
653,272.73
9,446.31
673,753.36
1,070.58
1,070.58
808,073.06
TOTAL
ENCUMBERED
0.00
0.00
750.00
0.00
0.00
750.00
512.13
917.55
0.00
0.00
1,429.68
0.00
0.00
2,179.68 (
PAGE:
12
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
8,458.99
3,145.85
8,200.70)
29,789.22)
12,414.04)
38,799.12)
1,664.00)
0.00
453,272.73)
6,446.31)
461,383.04)
3,929.42
3,929.42
496,252.74)
91.95
28.60
32.80-
74.47-
124.14-
40.76-
18.91-
0.00
226.64-
214.88-
215.80-
78.59
78.59
158.04-
9-04-2007 01:23
)1 -GENERAL FUND
:OMMUNICATIONS & TECHNOLO
lEPARTMENTAL EXPENDITURES
'URCHASED/CONTRACT SERV
01-51650-200 CONTRACTUAL EXPENSE
TOTAL PURCHASED/CONTRACT SERV
,UPPLIES
01-51650-330 TELEPHONE LINES
01-51650-335 T-1 COMMUNICATION LINE
01-51650-340 CELLULAR PHONES
01-51650-345 WEB SITE
01-51650-350 WI-FI ANNUAL COST
TOTAL SUPPLIES
:APITAL OUTLAY
01-51650-400 EQUIPMENT COSTS
TOTAL CAPITAL OUTLAY
TOTAL COMMUNICATIONS & TECHNOLO
ORIGINAL
BUDGET
7,500
1,500
3,504
25,400
44,000
81,904
1,000
1,000
83,404
BOYNTON BEACH CP
REVENUE & EXPENDITURES REPOR~ AUDITED)
AS OF: AUGUST 31ST, ~vu7
500
500
AMENDED
BUDGET
1,390
1,390
7,500
1,500
7,111
25,400
40,993
82,504
570
570
84,464
MONTHLY YEAR -TO - DATE
ACTIVITY BALANCE
0.00 1,390.00
0.00 1,390.00
1,355.77
0.00
420.00
0.00
0.00
1,775.77
0.00
0.00
1,775.77
4,211.29
913 .66
5,488.54
25,400.00
9,527.11
45,540.60
0.00
0.00
46,930.60
PAGE:
13
% OF
TOTAL UNENCUMBERED BUDGET
ENCUMBERED BALANCE REMAINING
0.00 0.00 0.00
0.00 0.00 0.00
1,788.71
586.34
1,622.11
0.00
5,032.00
9,029.16
0.00
0.00
9,029.16
1,500.00
0.00
0.35
0.00
26,433.89
27,934.24
570.00
570.00
28,504.24
20.00
0.00
0.00
0.00
64.48
33.86
100.00
100.00
33.75
9-04-2007 01:23
BOYNTON BEACH CR'
REVENUE & EXPENDITURES REPOR1 >..UDITED)
AS OF: AUGUST 31ST, 2vvl
PAGE:
14
1 -GENERAL FUND
:OFTWARE & TECHNOLOGY
IEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR - TO- DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
'URCHASED / CONTRACT SERV
01-51680-200 CONTRACTUAL EXPENSE 1,200 1,500 0.00 1,464.89 0.00 35.11 2.34
01-51680-210 IT SUPPORT 18,540 18,540 3,000.00 18,000.00 540.00 0.00 0.00
01-51680-211 COMPUTER SOFTWARE LICENSE 5,000 4,200 0.00 0.00 0.00 4,200.00 100.00
01-51680-212 ACCOUNTING LIC & SUPPORT 4,337 4,760 0.00 4,760.00 0.00 0.00 0.00
TOTAL PURCHASED/CONTRACT SERV 29,077 29,000 3,000.00 24,224.89 540.00 4,235.11 14.60
:APITAL OUTLAY
01-51680-400 EQUIPMENT COSTS 1,000 1,500 0.00 1,107.68 0.00 392.32 26.15
TOTAL CAPITAL OUTLAY 1,000 1,500 0.00 1,107.68 0.00 392.32 26.15
lEPRECIATION & AMORT
01-51680-610 DEPRECIATION 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL DEPRECIATION & AMORT 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL SOFTWARE & TECHNOLOGY 30,077 30,500 3,000.00 25,332.57 540.00 4,627.43 15.17
9-04-2007 01:23
II - GENERAL FUND
:ONTINGENCY
lEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
'URCHASED/CONTRACT SERV
01-51990-200 CONTRACTUAL EXPENSE
TOTAL PURCHASED/CONTRACT SERV
500,000
500,000
100.00
TOTAL CONTINGENCY
500,000
BOYNTON BEACH CF
REVENUE & EXPENDITURES REPOR'l AUDITED)
AS OF: AUGUST 31ST, 2uU7
AMENDED
BUDGET
MONTHLY
ACTIVITY
367,176
367,176
0.00
0.00
367,176
0.00
YEAR-TO-DATE
BALANCE
0.00
0.00
0.00
TOTAL
ENCUMBERED
PAGE:
15
0.00
0.00
367,176.00
367,176.00
100.00
100.00
0.00
367,176.00
9-04-2007 01:23 BOYNTON BEACH CR- PAGE: 16
REVENUE & EXPENDITURES REPOR1 ~UDlTED)
AS OF: AUGUST 31ST, 2uu7
>1 -GENERAL FUND
'OLICE
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
JEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
'ERSONNEL 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
'URCHASED/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
;UPPLIES
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
:APITAL 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
JEPRECIATION & 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
9-04-2007 01:23
BOYNTON BEACH CR'
REVENUE & EXPENDITURES REPOR1 ':\.UDlTED)
AS OF: AUGUST 31ST, ~vvl
PAGE:
17
11 -GENERAL FUND
rRANSPORTATION
)EPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
'URCHASED / CONTRACT SERV
01-55110-200 CONTRACTUAL EXPENSE 500 500 0.00 0.00 0.00 500.00 100.00
01-55110-230 TROLLEY OPERATIONS 556,920 556,920 65,520.00 484,730.00 61,480.00 10,710.00 1. 92
01-55110-231 TROLEY MARKETING COSTS 84,000 87,500 0.00 31,656.22 55,830.78 13.00 0.01
01-55110-232 TROLLEY SYSTEMS COSTS 5,000 5,000 432.00 3,677.00 0.00 1,323.00 26.46
TOTAL PURCHASED/CONTRACT SERV 646,420 649,920 65,952.00 520,063.22 117,310.78 12,546.00 1. 93
TOTAL TRANSPORTATION 646,420 649,920 65,952.00 520,063.22 117,310.78 12,546.00 1. 93
9-04-2007 01:23 BOYNTON BEACH CR' PAGE: 18
REVENUE & EXPENDITURES REPOR'l \UDlTED)
AS OF: AUGUST 31ST, ~vv/
II -GENERAL FUND
:NCENTIVES & GRANTS
%- OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
lEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
'URCHASED / 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 50,000.00 50,000.00 50.00
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 45,000.00 0.00 55,000.00 55.00
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 58,108.50 50,000.00 216,891.50 66.74
TOTAL INCENTIVES & GRANTS 325,000 325,000 15,000.00 58,108.50 50,000.00 216,891.50 66.74
9-04-2007 01:2?
II -GENERAL FUND
IARKETING
lEPARTMENTAL EXPENDITURES
'ERSONNEL SERVICES
01-57400-100 PERSONNEL SERVICES
TOTAL PERSONNEL SERVICES
'URCHASED/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
lUPPLIES
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
JEPRECIATION & 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 BEACH cr
REVENUE & EXPENDITURES REPOR'. .AUDlTED)
AS OF: AUGUST 31ST, 2u07
AMENDED
BUDGET
64,620
64,620
72,155
33
35,325
14,600
50,000
o
o
o
7,500
850
200
o
14,217
194,880
2,500
2,500
200
390
1,810
7,400
o
o
266,900
MONTHLY
ACTIVITY
7,076.92
7,076.92
15,143.83
0.00
300.00
0.00
0.00
0.00
0.00
0.00
342.00
0.00
21. 00
0.00
945.82
16,752.65
196.00
201.19
0.00
0.00
0.00
397.19
o
o
0.00
0.00
24,226.76
YEAR-TO-DATE
BALANCE
64,615.35
64,615.35
51,080.83
32.50
33,517.82
14,000.00
49,352.66
0.00
0.00
0.00
7,377.32
850.00
170.70
0.00
5,621. 74
162,003.57
661.95
1,676.31
24.95
389.35
500.00
3,252.56
0.00
0.00
229,871.48
TOTAL
ENCUMBERED
0.00
0.00
19,069.17
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
23,590.36
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
23,590.36
UNENCUMBERED
BALANCE
4.65
4.65
2,005.00
0.50
1. 21
77 .28
647.34
0.00
0.00
0.00
122.68
0.00
29.30
0.00
6,402.76
9,286.07
1,838.05
823.69
175.05
0.65
1,310.00
4,147.44
0.00
0.00
13,438.16
PAGE:
19
% OF
BUDGET
REMAINING
0.01
0.01
2.78
1. 52
0.00
0.53
1. 29
0.00
0.00
0.00
1. 64
0.00
14.65
0.00
45.04
4.77
73.52
32.95
87.53
0.17
72.38
56.05
0.00
0.00
5.03
9-04-2007 01:23
BOYNTON BEACH CF
REVENUE & EXPENDITURES REPORc AUDITED)
AS OF: AUGUST 31ST, ~vu7
PAGE:
20
J1 -GENERAL FUND
~PECIAL EVENTS
JEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
?ERSONNEL SERVICES
01-57500-100 PERSONNEL SERVICES 28,050 28,050 4,384.62 26,055.32 0.00 1,994.68 7.11
TOTAL PERSONNEL SERVICES 28,050 28,050 4,384.62 26,055.32 0.00 1,994.68 7.11
?URCHASED/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 4,921.49 279,033.87 5,939.00 40,027.13 12.32
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 2,638 410.63 1,908.58 0.00 729.42 27.65
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 5,332.12 281,117.45 5,939.00 40,781.55 12.44
3UPPLIES
01-57500-300 OFFICE EXPENSE 0 300 0.00 25.00 0.00 275.00 91.67
01-57500-310 OFFICE SUPPLIES 0 2,000 201.16 1,698.36 0.00 301. 64 15.08
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 2,300 201.16 1,723.36 0.00 576.64 25.07
JEPRECIATION & 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 9,917.90 308,896.13 5,939.00 43,352.87 12.10
9-04-2007 01:23 BOYNTON BEACH CR' PAGE: 21
REVENUE & EXPENDITURES REPOR1 AUDITED)
AS OF: AUGUST 31ST, 2vv?
)1 -GENERAL FUND
:IGNAGE PROGRAM
% OF
ORIGINAL AMENDED MONTHLY YEAR-TO-DATE TOTAL UNENCUMBERED BUDGET
lEPARTMENTAL EXPENDITURES BUDGET BUDGET ACTIVITY BALANCE ENCUMBERED BALANCE REMAINING
'URCHASED / CONTRACT SERV
01-58000-200 CONTRACTUAL EXPENSE 5,000 5,000 0.00 0.00 5,000.00 0.00 0.00
01-58000-224 SIGN CONSTRUCTION 10,000 11,500 0.00 4,350.00 7,026.00 124.00 1. 08
TOTAL PURCHASED/CONTRACT SERV 15,000 16,500 0.00 4,350.00 12,026.00 124.00 0.75
TOTAL SIGNAGE PROGRAM 15,000 16,500 0.00 4,350.00 12,026.00 124.00 0.75
9-04-2007 01:23
BOYNTON BEACH CRT
REVENUE & EXPENDITURES REPORl ~UDITED)
AS OF: AUGUST 31ST, 2vvl
PAGE:
22
11 -GENERAL FUND
IEART OF BOYNTON
lEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
'URCHASED / 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
lEPRECIATION & 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 u.uu 119,708.55 59.85
9-04-2007 01:23
II -GENERAL FUND
)EVELOPMENT PROJECTS
JEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
BOYNTON BEACH CR
REVENUE & EXPENDITURES REPOR'I AUDITED)
AS OF: AUGUST 31ST, 2uu7
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
PAGE:
23
% OF
BUDGET
REMAINING
?URCHASED/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
151,216.92
0.00
151,216.92
765,089.11)
0.00
765,089.11)
150,850.76
0.00
150,850.76
2,982,473.35
0.00
2,982,473.35
125.94
0.00
125.94
TOTAL DEVELOPMENT PROJECTS
125.94
2,400,295
2,368,235
151,216.92 (
765,089.11)
150,850.76
2,982,473.35
9-04-2007 01:23
BOYNTON BEACH CR'
REVENUE & EXPENDITURES REPOR1 ..\UDITED)
AS OF: AUGUST 31ST, 2vv7
PAGE:
24
Jl - GENERAL FUND
,MPLOYEE BEBEFITS
JEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
'ERSONNEL SERVICES
01-59000-150 COMPENSATED TIME OFF 0 0 0.00 0.00 0.00 0.00 0.00
01-59000-151 F.I.C.A. 32,401 34,905 2,829.71 32,375.12 0.00 2,529.73 7.25
01-59000-152 MEDICARE 7,999 8,585 661.79 7,799.72 0.00 784.85 9.14
01-59000-153 RETIREMENT PLAN 401(a) 60,495 61,287 250.00 55,572 .30 0.00 5,715.00 9.32
01-59000-154 WORKERS COMP INSURANCE 5,714 6,364 0.00 6,356.26 0.00 7.74 0.12
01-59000-155 HEALTH INSURANCE 32,254 34,441 3,465.73 27,687.52 570.00 6,183.58 17.95
01-59000-156 DENTAL INSURANCE 3,164 3,314 239.56 2,153.86 0.00 1,159.94 35.00
01-59000-157 LIFE INSURANCE 2,064 5,067 375.81 4,681. 02 0.00 385.48 7.61
01-59000-158 SHORT / LONG TERM DISABIL 2,634 2,859 0.00 128.03) 0.00 2,986.59 104.48
01-59000-159 UNEMPLOYMENT CHARGES 5,000 5,000 0.00 1,632.77 0.00 3,367.23 67.34
01-59000-160 VISION INSURANCE 458 480 34.72 283.95 0.00 195.75 40.81
01-59000-161 COMPENSATED ABSENSES 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL PERSONNEL SERVICES 152,183 162,300 7,857.32 138,414.49 570.00 23,315.89 14.37
TOTAL EMPLOYEE BEBEFITS 152,183 162,300 7,857.32 138,414.49 570.00 23,315.89 14.37
9-04-2007 01:23
BOYNTON BEACH CF
REVENUE & EXPENDITURES REPOR'. .AUDITED)
AS OF: AUGUST 31ST, ~uu7
PAGE:
25
)1 - GENERAL FUND
JEBT SERVICE
JEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
UNENCUMBERED
BALANCE
% OF
BUDGET
REMAINING
JEBT SERVICE
01-59800-810 LOAN PRINCIPAL 675,823 675,823 38,678.27 354,593.95 0.00 321,229.05 47.53
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 7,380.32 120,235.05 0.00 83,779.95 41. 07
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 46,058.59 475,279.00 0.00 405,059.00 46.01
JTHER 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 46,058.59 1,162,745.25 0.00 1,927,527.75 62.37
9-04-2007 01:23
BOYNTON BEACH CF
REVENUE & EXPENDITURES REPOR'. AUDITED)
AS OF: AUGUST 31ST, ~vv7
PAGE:
26
n -GENERAL FUND
rRANSFER OUT
JEPARTMENTAL EXPENDITURES
ORIGINAL
BUDGET
AMENDED
BUDGET
MONTHLY
ACTIVITY
YEAR-TO-DATE
BALANCE
TOTAL
ENCUMBERED
% OF
UNENCUMBERED BUDGET
BALANCE REMAINING
JTHER FINANCING USES
01-59999-990 INTERFUND TRANSFERS OUT 0 0 0.00 0.00 0.00 0.00 0.00
01-59999-991 TRANSFER OUT-POLICE EX PEN 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL OTHER FINANCING USES 0 0 0.00 0.00 0.00 0.00 0.00
TOTAL TRANSFER OUT 0 0 0.00 0.00 0.00 0.00 0.00
roTAL EXPENDITURES 9,813,000 10,018,000 519,611.97 3,894,004.38 575,268.41 5,548,727.21 55.39
------------ ------------ ------------- ------------- ------------- ------------- -------
------------ ------------ ------------- ------------- ------------- ------------- -------
mVENUES OVER/(UNDER) EXPENDITURES 0 1,000 617,200.82) 6,522,847.29 575,268.41) ( 5,946,578.88)4,657.89-
'II '1"'1'1 I I
11"1 '11111 ""II I
"1 II1I "11'1'
VI. (:ONSENT AGENDA:
C. Approval of .Amen<fment to the Wa~ pointe
Marine, Inc. Management Agreem nt
T
I
.~qY~T8~ eRA
East Side-West S'lde-Seaside Rena',ssance
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: Septemberll,2007
x I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: Amendment to Fuel Dock/Marina Management Agreement with Waypoint Marine, Inc.
SUMMARY: On January 25, 2007, the CRA purchased the existing fuel dock pad located at 735
Casa Lorna Boulevard from the developers of the Marina Village complex. At that time, Waypoint
Marine, Inc. was the acting fuel dock manager responsible for the full operation of the fuel dock. In
order to continue fuel dock services without interruption, the CRA entered into an agreement with
Waypoint Marine, Inc. to continue managing the operation of the fuel dock until the end of the fiscal
year September 30, 2007, at which time the CRA would issue a RFPIRFQ to obtain proposals for the
fuel dock and marina operations.
As we are approaching the end of the current agreement, it is recommended that the CRA extend the
length of the Fuel Dock Agreement with Waypoint Marine, Inc. in order to continue the operation of the
fuel dock services to the public and until such time as the results of the RFP/RFQ process are in effect.
Given the anticipated deadlines of the RFP/RFQ, staff recommends extending the current agreement
until January 30, 2008. This should provide the time needed for review of proposals, Board approval
and new agreement execution.
FISCAL IMP ACT: None, it is currently in the Fiscal Year 2007-2008 budget.
RECOMMENDATIONS: Staff recommends approval of the Amendment to the Fuel Dock
Management Agreement with Waypoint Marine, Inc. extending the termination date to January 30,2008.
~d~J~
Michael Simon
Development Manager
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 09 11 CRA Baord Meeting - September\Amend to Waypoint Marine Contract.doc
Addendum to Fuel Dock/Marina Management Agreement
The Management Agreement entered into on January 25, 2007, by and between the
Boynton Beach Community Redevelopment Agency, a governmental entity created
pursuant to Florida Statute Chapter 163, with its principal office located at 915 South
Federal Highway, Boynton Beach, Florida, 33435 ("owner"), and Waypoint Marine, Inc,
a corporation organized and existing under the laws of Florida, with its principal office
newly relocated to 140 Yacht Club Way, #208, Hypoluxo, Florida, 33462 ("manager") is
hereby extended from the previously specified termination date of September 30, 2007, to
the new termination date of January 30,2008.
Any and all conditions, obligations, liabilities and performance within and under the
agreement shall remain in full force and effect.
Owner:
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Lisa Bright, Executive Director
Date:
Manager:
W AYPOINT MARINE, INC.
By:
Brian F. Smith, President
Date:
Fuel Dock/Marina Management Agreement
This Management Agreement is made the dates indicated below, by and between
Boynton Beach Community Redevelopment Agency, a governmental entity created
pursuant to Florida Statute Chapter 163, with its principal office located at 915 South
Federal Highway, Boynton Beach, Florida 33435 ("owner"), and Waypoint Marine, Inc.,
a corporation organized and existing under the laws of Florida, with its principal office
located at 209 S. Broadway, Lantana, Florida 33262 ("manager").
ReCITALS
A. ,Owner owns a fuel dock/marina at
Florida (the "fuel dock/marina").
, Boynton Beach,
B. Manager represents that it is qualified in the supervision, operation and
management of fuel docks/marinas.
C. Owner desires to employ manager to act as its manager in supervising,
administering and managing the fuel dock/marina.
D. Manager desires to furnish those services, all subject to the terms and
conditions set forth in this agreement.
In consideration of the matters described above, and of the mutual benefits and
obligations set forth in this agreement, the parties agree as follows:
SECTION ONE. APPOINTMENT OF MANAGER
A. Owner appoints manager for the term of this agreement as its sole and
exclusive manager to supervise and administrate, for and at the expense of owner, the
management and operation of the fuel dock/marina, including the management of any
ancillary facilities as owner shall specifically direct, on the terms and conditions stated
below. This appointment to be effective the date the last of the parties has signed this
agreement and to cOntinue in force afterwards for the period specified in Section Nine
below.
B. Manager shall manage, operate, and maintain the fuel dock/marina in an
efficient and satisfactory manner. Manager shall act in a fiduciary capacity with respect
to the proper protection of and accounting for owner's assets. In this capacity, manager
shall serve owner's ~s at all times.
· .Initials Initials I.Js
Page 1 of 14
SECTION TWO. MANAGEMENT AND OPERATI<?N SERVICES
Manager accepts the appointment under the terms and conditions set forth in this
agreement, and in connection with the supervision, administration, and management,
manager shall perform the following services:
A. General Operation. Manager will operate the fuel dock/marina in the same
manner as is customary and usual in the operation of comparable facilities for the
account of owner, and so far as is economically and legally possible, in accordance with
the same procedures, practices, management techniques and other rules of op'eration
used by similar fuel dock/marinas and those managed by manager for the account of
others (except where this agreement shall specifically provide a different procedure,
practice, and so forth).
B. Employees; Independent Contractor. Manager shall have in its employ at
all times a sufficient number of capable employees to enable it to properly, adequately,
safely and economically manage, operate, maintain, and account for the fuel
dock/marina. All matters pertaining to the employment, supervision, compensation,
promotion and discharge of employees are the responsibility of manager, which is in all
respects the employer of those employees. Notwithstanding anything to the contrary,
owner shall be notified at least five days prior to the proposed replacement of the fuel
dock/marina's general manager. The replacement of any general manager will be
subject to the review and approval of owner. Manager shall fully comply with all
applicable laws and regulations having to do with worker's compensation, social
security, unemployment insurance, hours of labor, wages, working conditions, and other
employer-employee related subjects. Manager represents that it is and will continue to
be an equal opportunity employer and must advertise as sueii-: This agreement is not
one of agency by manager for owner, but one with manager engaged independently in
the business of managing properties on its own behalf as an independent contractor. All
employment arrangements are therefore solely manager's concern and owner shall
have no liability with respect to those arrangements.
D. Income. The establishment of all prices, price schedules, rates and rate
schedules shall be subject to owner's prior written approval, and in this connection
manager shall use diligent efforts to collect all income of any type and nature which may
become due from time to time or at any time for goods and services provided in
connection with the fuel dock/marina or any portion of it. Manager shall collect and
identify any income due owner from all fuel and ancillary services except the
convenience items separately provided for in Section One, paragraph F below. All
monies so collected shall be deposited daily in the operating accounts, as defined
below. In connection with any collection efforts, only legal counselor a collection firm
approved by owner shall be retained. All legal expenses incurred in bringing such
cf{J
Inifials fls
, , Initials
Page 2 of 14
approved suit or proceeding shall be submitted to owner for its prior approval. Manager
shall not write off any income items without the prior approval of owner.
E. Repairs. Subject to the approved operating budget as defined below, the
manager shall be responsible for making such repairs, alterations and decorations for
the fuel dock/marina as manager may deem reasonable and necessary for the proper
maintenance and operation of the fuel dock/marina. However, no contract for repairs,
alterations or decorations involving a single expenditure in excess of $500.00 shall be
entered into without written notice to, and written approval of, owner having first been
obtained. In the event of an emergency requiring prompt action for the protection or
safety of the ,fuel dock/marina or its occupants, manager shall be empowered to take
necessary action without prior approval, after which a written report of the occasion for
action and the action taken shall immediately be made to owner.
F. Convenience Items. The manager shall have the right sell convenience
items from the fuel dock/marina. The sale of convenience items shall be the right and
sole responsibility of manager. Manager shall be responsible for obtaining all
necessary permits for the sale of convenience items. Notwithstanding, owner shall
have the right to approve, in advance, in writing a list of items to be sold. Sale of any
unapproved items shall be a breach of this agreement. Convenience items shall mean
but not be limited to ice, bait, snacks, fishing tackle and oil. The cost of purchase of
inventory of convenience items shall be the responsibility and cost of manager.
Manager shall pay to owner five percent (5%) of gross sales less sales tax as the fee for
the right to sell convenience items. Manager shall account for purchase and sales of
convenience items on the same schedule and to the same detail as for fuel dock/marina
sales and services. Except as otherwise directed by owner in a particular case, all
concessions and licenses for the sale of the convenience item's shall be in manager's
own name as manager for owner and not in the name of owner.
G. Accounting. The installation of accounting and internal auditing systems
shall be in accordance with Section Three below.
H. Service Agreements. Generally, the manager shall negotiate service and
other contracts reasonably necessary or desirable in connection with the operation of
the fuel dock/marina in the usual course of business, except that manager shall not
enter into any contract for cleaning, maintaining, repairing or servicing of the fuel
dock/marina or any of the constituent parts that requires annual payments in excess of
$500.00 without the prior written consent of owner. As a condition to obtaining that
consent, manager shall supply owner with a copy of any such proposed contract and
shall state to owner the relationship, if any, between manager (or the person or persons
in control of manager) and the party proposed to supply the goods or services, or both.
All service contracts shall: (a) be in the name of manager, (b) be assignable, at owner's
option, to owner or owner's nominee, (c) include a provision for cancellation by owner or
rIG "
F F Initials Initials J55;
Page 3 of 14
manager upon not less than thirty [30] days' written notice~ and (d) require that all
I
contractors provide evidence of sufficient insurance. If this agreement i.s terminated
pursuant to Section Nine, manager shall, at owner's option, assign to owner or owner's
nominee all service agreements pertaining to the fuel dock/marina.
I. Inventory, Supplies and Equipment. Subject to the approved operating
budget, manager shall purchase all inventories, provisions, supplies and equipment as
manager may deem reasonably necessary in order to properly maintain and operate the
fuel dock/marina.
J. Advertising. Manager shall prepare advertising plans and promotional
materials to be used to further sales if determined necessary between owner and
manager. Such plans or materials shall only be used if approved in advance in writing
by owner and in conformity with that approval. Manager shall not use owner's name in
any advertising or promotional materials without owner's prior written approval in each
instance. Advertising and promotional materials shall be prepared in full compliance
with federal, state and local fair housing laws, ordinances, regulations and orders.
K. Compliance With Laws. Manager shall be responsible for full compliance
with federal, state and municipal laws, ordinances, regulations and orders relating to the
renting, use, operation, repair and maintenance of the fuel dock/marina and with the
rules, regulations or orders of the local board of fire underwriters or other similar body.
In particular, manager shall be responsible for full compliance with all laws, rules and
regulations relating to the storage and sale of hazardous materials as hereinafter further
provided. Manager shall promptly remedy any violation of any such law, ordinance,
rule, regulation or order which comes to its attention.
Expenses incurred in remedying violations may only be paid by the owner. If the
violation is one for which owner or other title holder might be subject to penalty,
manager shall notify owner within three [3] business days to the end that prompt
arrangements may be made to remedy the violation, provided that any and all costs,
fines and penalties payable as a result of the violation accruing between the date of
manager's first receiving actual notice of the violation and the date manager gives
notice to owner shall be borne by manager.
L. Taxes; Mortgages. Manager shall, if so requested, obtain and verify bills
for real estate and personal property taxes, improvement assessments and other similar
charges that are or may become liens against the fuel dock/marina and may
recommend payment or appeal as in its best judgment it may decide. Manager shall
forward the bills to owner for payment by owner in time to permit owner to avoid penalty
for late payment or to permit owner to take advantage of discounts. Manager shall not
make any payments on account of any ground lease, mortgage, deed of trust, or other
security instrument, ~ecfjng the fuel dock/marina.
..Initials Initials (jJ:;
Page 4 of 14
M. Leasing. Manager shall not lease any space to other purveyors whether
for convenience items or other items without the prior written consent of owner.
N. General. Subject to the terms and conditions of this agreement, manager
shall perform all acts reasonably necessary in connection with the operation of the fuel
dock/marina in an efficient and proper manner and in accordance with standards and
policies established or to be established by manager for the operation of a first~class
fuel dock/marina.
SECTION THREE. ACCOUNTS AND RECORDS
A. Inspection. All books, accounts and records maintained onsight for the
operation of the fuel dock/marina, including all accounts in the name of the manager
used by manager for payment of the Management Costs listed on Exhibit A, shall be
open at all reasonable hours for inspection and audit by owner or any qualified and
experienced accountant selected by owner for that purpose. In all cases, proper
identification must be given to the general manager in charge of the fuel dock/marina
before inspection will be granted. Within sixty [60] days after the close of each fiscal
year an audit shall be made of the books and accounts, including all accounts used by
Manager for payment of the Management Costs listed on Exhibit A, by independent
auditors, satisfactory to owner, which shall be an expense of operating the fuel
dock/marina and not the responsibility of manager. A copy of the audit shall be
furnished to each of the parties to this agreement immediately upon completion.
B. Owners Books of Accounts. Manager, in the cond!Jct of its responsibilities
to owner, shall assist the owner in maintaining adequate and separate -books and
records for the fuel dock/marina. Books and records shall be maintained in accordance
with owner's specified accounting system and chart of accounts for fuel dock/marinas to
be furnished by owner to manager. Manager shall ensure control over accounting and
financial transactions as reasonably required to protect owner's assets from theft, error,
or fraudulent activity on the part of manager's employees or other agents. Losses
arising from those instances are to be borne by manager and shall include but not be
limited to:
1. Theft of assets by manager's employees or other agents;
2. Penalties, interest, or loss of vendor discounts due to delay in payment of
invoices, bills or other similar charges;
3. Overpayment, nonpayment, or duplicate payment of invoices arising from
either fraud or error;
~
Page 5 of 14
Initials -tf};'
r r Initials
4. Overpayment of labor costs arising from either frflud or error;
5. A sum equal to the value of any form of payment from purveyors to
manager's employees or affiliates arising from the purchase of goods or
services for the fuel dock/marina; and
6. Unauthorized use of facilities by manager's employees or associates.
C. Manager's Books of Accounts. Manager, in the conduct of its
responsibilities to owner, shall maintain adequate and separate books and records for
the Management Costs listed on Exhibit A for which Manager is responsible for
payment. Books and records shall be maintained in accordance with owner's specified
accounting system and chart of accounts for fuel dock/marinas to be furnished by owner
to manager. All such books and records shall be maintained on site or at a location
agreed to by owner. Manager shall ensure control over accounting and financial
transactions as reasonably required to protect owner's assets from theft, error, or
fraudulent activity on the part of manager's employees or other agents. Losses arising
from those instances are to be borne by manager.
D. Financial Reports. Manager shall furnish preliminary reports each month
of all transactions occurring from the first day of the prior month to the last day of the
prior month. These preliminary reports are to be received by owner no later than five [5]
calendar days after the end of the accounting period and must show all fuel sales, taxes
collected for fuel sales, fuel purchases, collections, monthly delinquencies, uncollectible
items, and other matters pertaining to the management, Qperation, leasing, and
maintenance of the fuel dock/marina during the subject month. These reports shall
contain a comparison of monthly and year-to-date actual incom~ and expenses with the
approved budgets (as provided in Section Four) for the fuel dock/marina. Additionally,
manager shall provide owner a weekly report of fuel purchases, taxes collected for fuel
sales, sales of manager's goods, and inventory. The fuel report shall be for the days of
Monday through Sunday and shall be due on the Wednesday immediately following the
reporting week.
SECTION FOUR. BUDGETS AND OPERATIONS
Within twenty [20] days after signing this agreement, and no less than ninety [gO]
days prior to each ensuing renewal fiscal year, manager shall submit to owner a
proposed operating budget and a proposed capital budget setting forth in detail an
estimated profit and loss statement for the next four quarterly periods including a
schedule of fuel dock/marina rentals and other rentals and revenues. Each budget shall
also include a detailed management and marketing plan and (to the extent available)
insurance premiums, taxes, management fee and all other expenses and operating
7f0 '.
, 'Initials Initials f);'
Page 6 of 14
costs incurred in the operation of the fuel dock/marina. An jnitial estimated budget is
attached hereto as Exhibit "B".
Owner will consider each proposed budget and then will consult with manager in
the intervening period prior to the commencement of the ensuing fiscal year in order to
agree on an "approved operating budget" and an "approved capital budget."
Manager agrees to use diligence and to employ all reasonable efforts to ensure
that the actual costs of maintaining and operating the fuel dock/marina shall not exceed
either the approved budget in total or in anyone accounting category. All expenses
must be charged to the proper account as specified in the approved chart of accounts,
and no expense may be classified or reclassified for the purpose of avoiding an excess
in the annual budgeted amount of an accounting category. Manager shall secure
owner's prior written approval for any expenditure that will result in an excess of
$500.00 in anyone accounting category of the approved operating budget, and shall
secure owner's written approval for any expenditure that will result in any increase in
any annual budgeted account in any accounting category of the approved capital
budget.
During the calendar year manager shall inform owner of any major increases in
costs and expenses that were not foreseen during the budget preparation period and
thus were not reflected in either approved budget.
SECTION FIVE. DISPOSITION OF FUNDS FROM
FUEL DOCK/MARINA OPERATIONS
Funds originating from the fuel dock/marina's operation or from owner and
coming into manager's possession shall be received, handled and disposed of as
follows:
A. Owner's Operating Accounts. All funds received in the operation of the fuel
dock/marina, including any working capital furnished by owner, shall be funds of owner
and shall be deposited by manager in the account at the banking institution or
institutions selected by owner in the name of owner. All such funds shall be deposited
daily. Manager shall make arrangements and owner shall sign all necessary paperwork
to provide acceptance of credit card charges for fuel. Manager shall have no signing
authority over the main operating account. Owner and manager may agree to open a
separate petty cash account over which manager will have signing authority along with
owner. Upon agreement for a petty cash account, manager shall provide owner an
accounting of expenses paid including receipts, in order to obtain additional funds for
the account. Owner shall provide manager with electronic access on a READ ONLY
basis to the Owner's Marina Operating account for purposes of business inquiries to
credit card deposits,~c fuel payments, deposits and payments.
. r Initials Initials f};'
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B. Payment of Expenses. Manager shall, except' for payments out of an
agreed petty cash account and the Management Costs listed on Exhibit A to be paid by
Manager, provide invoices to owner's designated employee for payment. Owner and
manager shall make arrangements with manager's fuel supplier for electronic
payments, payment terms or other appropriate arrangements to facilitate the delivery of
fuel as necessary.
C. Payment to Owner. Owner shall have full control of all funds from the
operations of the fuel dock/marina except for the convenience items and funds 'paid to
Manager for payment of Managers Costs as listed on Exhibit A. Owner may disburse
funds to itself as it deems appropriate.
SECTION SIX. MANAGER NOT TO PLEDGE OWNER'S CREDIT
Manager shall not pledge the credit of owner nor shall manager in the name of,
or on behalf of, owner borrow any money or execute any promissory note, bill of
exchange or other obligation.
SECTION SEVEN. REIMBURSEMENT FOR EXPENSES
Everything done by manager in the proper performance of its obligations and all
permitted expenses incurred by it under this agreement shall be for and on behalf of
owner and for owner's account. Manager shall be reimbursed for any proper expenses
outside of those expenses listed in Exhibit "A" upon presentation of a receipt and
approval of the same by owner.
SECTION EIGHT. INSURANCE
A. Owner's Insurance. Owner, at its expense, will obtain and keep in force
adequate insurance against physical damage, that is, fire with extended coverage
endorsement, boiler and machinery, etc., and against liability for loss, damage or injury
to property or persons which might arise out of the occupancy, management, operation
or maintenance of the fuel dock/marina. Manager will be covered as an insured in all
liability insurance maintained with respect to the fuel dock/marina. Owner shall save
manager harmless from any liability on account of loss, damage or injury actually
insured against by owner provided manager:
1. Notifies owner and the insurance carrier within 24 hours after manager
receives notice of any such loss, damage or injury;
2. Takes no action (such as admission of liability) that might bar owner from
obtalnin~tectiOn afforded by any policy owner may hold or which
· · Initials Initials f};
Page 8 of 14
might prejudice owner in its defense to a c1~im based on such loss,
damage or injury;
3. Agrees that owner shall have the exclusive right, at its option, to conduct
the defense to any claim, demand or suit within limits prescribed by the
policy or policies of insurance; and
4. Has not acted negligently and any liability results from such negligence.
Nothing here shall be construed as indemnifying manager or its employees,
contractors or. agents against any act or omission for which insurance protection is not
available; neither is the preceding intended to affect the general requirement of this
agreement that the fuel dock/marina shall be managed, operated and maintained in a
safe condition and in a proper and careful manner. Manager shall furnish owner
requests for the purpose of establishing the placement of insurance coverages and shall
aid and cooperate in every reasonable way with respect to such insurance and any loss
under it. Owner shall include in its hazard policy covering the fuel dock/marina, owner's
personal property, fixtures and equipment located on it.
B. Workers Compensation. Manager must furnish a certificate evidencing
workers' compensation and crime insurance in a form acceptable to owner. Crime
insurance shall be for an amount not less than $1,000.00 per occurrence. The certificate
shall have attached an endorsement that owner will be given at least ten [10] days' prior
written notice of cancellation of or any material Change in the policy.
C. Additional Insurance. Manager shall be respo'lsible for any insurance
manager deems appropriate for insuring the convenience items and any -equipment
manager places in the fuel dock/marina. Manager shall carry such other insurance as
reasonably required by owner.
D. Contractor Insurance. Manager shall require that all contractors or
subcontractors brought onto the fuel dock/marina have insurance coverage at the
contractor's or subcontractor's expense, in the following minimum amounts:
1. Worker's compensation in the statutory amount.
2. Comprehensive general liability of at least $1,000,000.00, combined single
limit.
Manager must obtain owner's permiSSIon to waive any of the above
requirements. Higher amounts may be required if the work to be performed is
sufficiently hazardous. Manager shall obtain and keep on file a certificate of insurance,
,~
Initials tff;
Page 9 of 14
which shows that the subcontractor is so insured. Owner; shall be named as an
additional insured on the certificate.
SECTION NINE. TERM OF AGREEMENT
The original term shall commence on the date last signed by a party hereto and
end on September 30,2007.
A. Either party to this agreement may terminate this agreement with or
without cause by giving thirty [30J days' prior notice in writing to the other party. .
B. Upon termination of this agreement all sums due to either party shall
become immediately due and payable.
C. In addition to other termination rights provided in this agreement, this
agreement shall terminate automatically and immediately upon sale of the fuel
dock/marina by owner or upon termination of owner's right to sell fuel at the fuel
dock/marina. Owner agrees to give manager prior notice of sale.
D. Owner may terminate this agreement for failure to meet accounting
deadlines by manager. Should manager not meet the reporting deadlines more than
twice in succession or more than four times during the term of this agreement, owner
shall have the right to either terminate this agreement or to put manager on notice of
probation. Should owner put manager on notice of probation, owner may terminate
manager without notice for any succeeding violation of reporting requirements.
E. Owner may terminate this agreement, without nottce, should manager not
meet all regulatory guidelines and requirements for the storage'and dispensing of fuel or
allow any hazardous conditions to exist regarding the storage and dispensing of fuel.
SECTION TEN. COMPENSATION OF MANAGER
Manager shall be paid a management fee of Two Thousand Eight. Hundred
Seventy-five Dollars ($2,875.00) per month due on the first day of the month following
the month of service and past due on the fifteenth day of the month. In addition,
Manager shall be paid 1/12 of the agreed upon expenses listed as Managers Costs in
Exhibit "A". Manager shall be responsible for the payment of and accounting for use of
the funds for the Managers Costs as listed on Exhibit "A",
SECTION ELEVEN. INDEMNIFICATION
Manager shall not be liable to owner or to any other person for any obligation of
owner or any contractual obligation that arises in the course of the business of the fuel
dock/marina and O~" indemnify and hold manager hannless for any such
- -Initials Initials j');
Page 10 of 14
obligation. With respect to any act or omission of any aget;)t or employee of owner,
owner shall indemnify manager and hold it harmless from all liability, loss, damage, cost
or expense by reason of any such act or omission. In no event shall' owner make any
claims against manager on account of any alleged errors of judgment made in good
faith in determining the operating policies of the fuel dock/marina.
SECTION TWELVE. SALE OF FUEL DOCK/MARINA
If owner executes a listing agreement with a broker for sale of the fuel dock/marina,
manager shall cooperate with such broker to the end that the respective activities of
manager and. broker may be carried on without friction. Manager will permit the broker
to exhibit the fuel dock/marina during reasonable business hours provided the broker
has secured manager's permission in advance. Sale of the fuel dock/marina by owner is
important. Manager agrees that failure on its part to extend cooperation to a broker
desiring to show the fuel dock/marina is a material default on its part under this
agreement and is grounds for immediate termination of this agreement.
SECTION THIRTEEN. NOTICES
Any notice, statement or demand required or permitted by this agreement to be
given by manager to owner shall be in writing, and shall be sent by registered or
certified mail to owner at 915 South Federal Highway, Boynton Beach, FL 33435, or at
such other address as owner may from time to time designate to manager in writing.
Any notice required or permitted by this agreement to be given by owner to manager
shall be in writing and shall be sent by registered or certified mail to manager at 209 S.
Broadway, Lantana, FL 33262, or such other address as manager may, from time to
time, designate to owner in writing. Any such notice shall be"tteemed giveh as of the
date of its receipt at the address to which such notice is so directed regardless of any
other date that may appear there.
SECTION FOURTEEN. ASSIGNABILITY
Subject to at least 30 days' prior written notice to and approval by owner,
manager may assign its respective rights, interests and obligations under this
agreement to any subsidiary, to any corporation with which it merges or is consolidated,
or to which it sells the majority of its assets. No other assignment of this agreement or
the rights under it by manager shall be permitted.
Owner shall have the right to assign this agreement to any purchaser, lessee or
other transferee of substantially all of the assets comprising the fuel dock/marina,
provided such purchaser, lessee or transferee expressly assumes by a writing delivered
to manager all of the obligations of owner under this agreement.
de
Initials ?J)5
" Initials
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SECTION FIFTEEN. COMPETITIVE BI~pING
All contracts for repairs, capital improvements, goods and services exceeding
$1,000.00 shall be awarded on the basis of competitive bidding, solicited in the following
manner:
A. A minimum of three written bids shall be obtained for each such purchase.
B. Each bid will be solicited in a form prescribed by owner so that uniformity
will exist in the bid quotes. '
C. Unless otherwise directed by owner, manager may accept a low bid
without prior approval from owner if the expenditure is for a budget-approved item and
will not result in an excess of the annual budgeted accounting category of the applicable
approved operating or capital budget; provided, however, that if manager advises
acceptance by owner of other than the lowest bidder, manager shall adequately
support, in writing, any such recommendation to owner.
D. Owner shall be free to accept or reject any and all bids.
E. Manager may request that owner waive the competitive bidding rules on a
case-by-case basis.
SECTION SIXTEEN. FINAL ACCOUNTING
Upon termination of this agreement for any reason, manager shall promptly
deliver to owner the following with respect to the fuel dock/marina:
A. A final accounting, reflecting the balance of income and expenses of the
fuel dock/marina, as of the date of termination or withdrawal, to be delivered within thirty
[30] days after such termination or withdrawal;
B. Any balance of monies of owner or tenant security deposits, or both, held
by manager with respect to the fuel dock/marina, to be delivered immediately upon
termination or withdrawal;
C. All records, contacts, bookings, leases, reservation books, receipts for
deposits, unpaid bills and other papers or documents which pertain to the fuel
dock/marina, to be delivered immediately upon such termination or withdrawal; and
D. A complete inventory of the assets of owner, including, but not limited to,
personal property, $ent, inventory and consumables.
Initials $'
'. Initials
Page 12 of 14
SECTION SEVENTEEN. INDEMNIFICATION BY MANAGER
Manager shall indemnify, defend and hold owner harmless from any and all
uninsured claims, demands, causes of action, losses, damages, fines, penalties,
liabilities, costs and expenses, including attorneys' fees and court costs, sustained or
incurred by or asserted against owner by reason of or arising out of manager's (or its
employees' or agents') negligence in performing or failing to perform the duties and
obligations required by this agreement to be performed by it. Notwithstanding the
preceding, to the extent that owner is not fully covered by insurance, manager shall, to
the extent set forth below, indemnify owner and hold it harmless from any damages,
fines, penalties, liability, cost, claim or expense, including attorneys' fees, arising out of
or in connection with the operation of the fuel dock/marina or manager's operations
other than at the fuel dock/marina. The costs of indemnity shall be borne as follows:
A. If the damage, liability, cost, claim or expense is attributable to (1)
manager's acts which are negligent, or (2) manager's breach of this agreement, the cost
of indemnification shall be borne solely by manager; and
B. If the damage, liability, cost, claim or expense is attributable to any other
reason or cause, the cost of indemnification shall be reimbursed by owner to manager
within thirty [30] days following receipt by owner from manager of proof of the payment
by manager of the cost and shall to the extent possible be charged against the
operating accounts of the fuel dock/marina.
SECTION EIGHTEEN. ENFORCEABILITY
If any provision of this agreement or the application ."'Of any provision to any
person or circumstances is held invalid or unenforceable, the remainder of the
agreement and the application of the provision to other persons or circumstances shall
remain valid and enforceable.
SECTION NINETEEN. WAIVER OF PROVISIONS
None of the conditions or provisions of this agreement shall be held to have been
waived by any act of knowledge of manager, its agents or employees, but only by an
instrument in writing, signed by an officer of manager.
SECTION TWENTY. ENTIRE AGREEMENT
This agreement shall constitute the entire agreement between the parties relative
to the subject matter of the agreement, notwithstanding any oral statements to the
contrary, and this agreement may be executed simultaneously in two or more
counterparts, each ~ shall be deemed an original, but all of which together shall
'. Initials Initials 0
Page 13 of 14
constitute one and the same instrument. This agreement cannot be changed or
terminated orally, but only by writing signed by the party against whom such change or
termination is asserted.
SECTION TWENTY-ONE. BURDENS AND BENEFITS
This agreement shall be binding upon and shall inure to the benefit of the respective
legal representatives, successors and assigns of manager, owner and any future owner
or lessee of the fuel dock/marina.
SECTION TWENTY-TWO. GOVERNING LAW
This agreement shall be interpreted under and governed by the laws of the state
of Florida.
SECTION TWENTY-THREE. HEADINGS
All headings are inserted only for convenience and ease of reference and are not
to be considered in the construction or interpretation of any provision of this agreement.
SECTION TWENTY-FOUR. REPRESENTATION
Manager represents and warrants that it is fully qualified and licensed. to the
extent required by law, to manage real estate and fuel dock/marina and perform all
obligations assumed by manager under this agreement. Manager agrees to comply
with all such laws now or afterwards in effect. "
The parties to this agreement have signed the agreement as of the dates
indicated below. This agreement may be signed in counterparts with each considered
originals.
OWNER:
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
. ~,
MANAGER:
WA YPOINT MARINE, INC.
By:
By:
d5~.-t~
BRIAN F. SMITH, President
~
Initials $5
" Initials
Page 14 of 14
SECTION SEVENTEEN. INDEMNIFICATION BY MANAGER
Manager shall indemnify, defend and hold owner harmless from any and all
uninsured claims, demands, causes of action, losses, damages, fines, penalties,
liabilities, costs and expenses, including attorneys' fees and court costs, sustained or
incurred by or asserted against owner by reason of or arising out of manager's (or its
employees' or agents') negligence in performing or failing to perform the duties and
obligations required by this agreement to be performed by it. Notwithstanding the
preceding, to the extent that owner is not fully covered by insurance, manager shall, to
the extent set forth below, indemnify owner and hold it harmless from any damages,
fines, penalties, liability, cost, claim or expense, including attorneys' fees, arising out of
or in connection with the operation of the fuel dock/marina or manager's operations
other than at the fuel dock/marina. The costs of indemnity shall be borne as follows:
A. If the damage, liability, cost, claim or expense is attributable to (1)
manager's acts which are negligent, or (2) manager's breach of this agreement, the cost
of indemnification shall be borne solely by manager; and
B. If the damage, liability, cost, claim or expense is attributable to any other
reason or cause, the cost of indemnification shall be reimbursed by owner to manager
within thirty [30J days following receipt by owner from manager of proof of the payment
by manager of the cost and shall to the extent possible be charged against the
operating accounts of the fuel dock/marina.
SECTION EIGHTEEN. ENFORCEABILITY
If any provision of this agreement or the application .of any provision to any
person or circumstances is held invalid or unenforceable, the remainder of the
agreement and the application of the provision to other persons or circumstances shall
remain valid and enforceable.
SECTION NINETEEN. WAIVER OF PROVISIONS
None of the conditions or provisions of this agreement shall be held to have been
waived by any act of knowledge of manager, its agents or employees, but only by an
instrument in writing, signed by an officer of manager.
SECTION TWENTY. ENTIRE AGREEMENT
This agreement shall constitute the entire agreement between the parties relative
to the subject matter of the agreement, notwithstanding any oral statements to the
contrary, and this agreement may be executed simultaneously in two or more
counterparts, each ~ shall be deemed an original, but all of which together shall
'. Inijials Initials 0
Page 13 of 14
constitute one and the same instrument. This agreemen1 cannot be changed or
terminated orally, but only by writing signed by the party against whom such change or
termination is asserted.
SECTION TWENTY-ONE. BURDENS AND BENEFITS
This agreement shall be binding upon and shall inure to the benefit of the respective
legal representatives, successors and assigns of manager, owner and any future owner
or lessee of the fuel dock/marina.
SECTION TWENTY-TWO. GOVERNING LAW
This agreement shall be interpreted under and governed by the laws of the state
of Florida.
SECTION TWENTY-THREE. HEADINGS
All headings are inserted only for convenience and ease of reference and are not
to be considered in the construction or interpretation of any provision of this agreement.
SECTION TWENTY-FOUR. REPRESENTATION
Manager represents and warrants that it is fully qualified and licensed, to the
extent required by law, to manage real estate and fuel dock/marina and perform all
obligations assumed by manager under this agreement. Manager agrees to comply
with all such laws now or afterwards in effect.
The parties to this agreement have signed the agreement as of the dates
indicated below. This agreement may be signed in counterparts with each considered
originals.
OWNER:
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
. ~.
MANAGER:
WA YPOINT MARINE, INC.
By:
~
By:
t5~ "7ffi1A
BRIAN F. SMITH, President
~
, , Initials
Page 14 of 14
Initials %5
EXHIBIT A
ANNIUAl SALES, OVERHEAD and PROFITS
MANAGEMENT COSTS
Labor
Health Insurance
Management Fee
Accounting Fee
FICA
Workman's Compensation
MONTHLY COST
DAILY COST
~oo
$3,900
$34,500
$6,000
$2,500
$9,000
$115,900
$9,658.33
$317.53
if'/!- ? ~
f'~ L
O,r t:'" . InA41.i ~
/ T ,-"'-
EXHIBIT B
ANNIUAL SALES, OVERHEAD and PROFITS
PROPOSED BUDGET
CRA OVERHEAD FOR FUEL DOCK OPERATIONS
Electricity
Water
Telephone
Bank Charges - Including CC Processing Fees
Supplies
Advertising/Marketing
Dues and Subscriptions
Postage
Business Licenses
R&M
Tax DSL
Miscellaneous
Office Rental
Trash
$5,000
$3,000
$5,000
$20,000
$1,000
$1,000
$1,200
$900
$500
$8,000
$16,785
$1,800
$2,500
$3,000
$69,685
ESTIMATED OPERATIONS REVENUES
Gallons Purchase Gross
Product Sold Price Markup Sales Revenue
Gasoline 260,000 $2.25 $0.65 $754,000.00 $169,000
Diesel 100,000 $1.98 $0.77 $275,000.00 $77,000
Units
Sold -
...,-
Dinner
Cruise 8 $50.00 $600 $5,200.00 $4,800
Annual Dockage Sold Per Foot Per
Foot
Transient Dockage 5000 $2.00 $10,000.00 $10,000
ACORD
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East Side-West Side-Seas'lde Rena',ssance
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: Septemberl1,2007
I x I Consent Agenda I
Old Business I I
New Business
Public Hearing
Other
SUBJECT: RFQIRFP for Fuel Dock/Marina Management Services
SUMMARY: On January 25, 2007, the CRA purchased the existing fuel dock pad located at 735
Casa Loma Boulevard from the developers of the Marina Village complex. At that time, Waypoint
Marine, Inc. was the acting fuel dock manager responsible for the full operation of the fuel dock. In
order to continue fuel dock services without interruption, the CRA entered into an agreement with
Waypoint Marine, Inc. to continue managing the operation of the fuel dock until the end of the fiscal
year September 30, 2007, at which time the CRA would issue a RFP/RFQ to obtain proposals for the
fuel dock and marina operations.
The attached RFP/RFQ is soliciting proposals and statements of qualifications from experienced marina
management companies to provide services to the CRA for the on-going operation and management of
the fuel dock and 24 slip Boynton Harbor Marina. The selected company will be responsible for the
daily operation of the fuel dock, gasoline and diesel fuel sales and orders, weekly/monthly sales reports
and staffing. The selected company would also be responsible for the management of the Boynton
Harbor Marina, including slip rent collection, enforcement of the terms and conditions of the Dock
Lease Agreements, hurricane plan development & implementation as well as the daily supervision of the
slip area. If approved, the RFQ/RFP for Fuel Dock and Management Services will be released on
September 12, 2007, with proposals due by 3:00pm, November 9,2007.
FISCAL IMPACT: General Revenue Fund - Marina Management Contract Account 51630-241.
RECOMMENDATIONS: Staff recommends approval of the RFPIRFQ for Fuel Dock and Marina
Management Services to be issued on September 12, 2007 with a proposal deadline of 3 :OOpm,
November 9,2007.
-7/~~~'
Michael Simon
Development Manager
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 09 11 eRA Baord Meeting - September\RFPRFQ Fuel Dock and Marina ManagmentdocRFQ/RFP Fuel Dock & Marina
Management Services
BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY
REQUEST FOR
STATEMENTS OF QUALIFICATION
&
REQUEST FOR PROPOSALS
Fuel Dock and Boynton Harbor Marina Management
to be provided on a two year contractual basis
Background:
The Boynton Beach Community Redevelopment Agency (CRA) is seeking statements of
qualifications and proposals from qualified marina management companies to provide
marine fuel dock and 24 slip marina operations/services management. The contract
agreement between the CRA and the firm selected shall be for an initial term of two (2)
years and will contain a provision for extension of the original term as negotiated by the
parties. The successful Proposer will be required to sign an agreement substantially
similar to the draft agreement attached as ex,hibit "A". Services desired include, but shall
not be limited to, daily operation of the CR.Aowned fuel dock and marina, preparation
and implementation of a marina hurricane plan, perform any and all dock master services
for the marina and the management of all marina structural facilities.
The CRA guides redevelopment activities that will create a vibrant downtown core and
revitalized neighborhoods within the +/- 1,650 acre district in eastern Boynton Beach.
Since adoption of the Boynton Beach 20/20 Redevelopment Master Plan in 1998 and
component strategic plans in subsequent years, the redevelopment area had grown
physically and tax increment revenues have also grown tremendously. The Boynton
Harbor Marina is an im:portant component of the CRA Redevelopment Plan.
This physical and fiscal growth has enabled the CRA to undertake and complete projects
such as the Boynton Beach Boulevard Extension and Promenade. These projects feature
the extension of Boynton Beach Boulevard, a pedestrian and vehicular gateway linking
the Promenade to the Marina area and the Promenade pedestrian element leading
pedestrians past "Pete's Pond" Park eastward along the marina boat slips to the
Intracoastal Waterway.
This area provides the community an events area with permanent public accommodations
such as restrooms, water fountains, temporary stage areas, trash receptacles, shade and
seating areas. The area has several sites for public art to add attractions along the walk
with shade created from imitation "sails" of fabric providing comfort and visually tying
the Promenade look to the adjacent marina.
Fuel Dock and Marina Description
The CRA purchased the ~ acre fuel dock site and 24 slip marina located at 735 Casa
Lorna Boulevard, Boynton Beach, FL 33435 (aerial map attached) with the intention of
providing continued public access to the waterfront and preserving the local commercial
fishing, diving and boating trades in Boynton Beach. The fuel dock facility currently
provides both gas and diesel fuel to public boaters as well as ice, snacks and limited
beverages. Sales of gasoline ranges from 3,500-8,000 gallons of fuel per week and diesel
fuel sales range from 2,000-4,500 gallons per week. Currently, a temporary container
trailer is being used as the fuel dock building with plans for an entire fuel dock and
marina facility renovation underway. The Fuel Dock operates seven days a week from
8am-5:30pm including holidays.
The marina facility, recently renamed the Boynton Harbor Marina, operates seven days a
week primarily to commercial charter fisherman, dive boats and boat rentals. The marina
does not offer overnight or live-aboard lease terms and there is currently no pump-out
station provided to tenants. However, plans are being drawn to provide this service in the
future.
Management and Operation Services
A. General Operation: Proposer will Qp.erate the fuel dock and marina in
the same manner as is customary and usual in the operation of comparable facilities for
the account of Owner, and so far as is economically and legally possible, in accordance
with the same proc~dures, practices, management techniques and other rules of operation
used by similar fuel dOcks and marinas and those managed by Proposer for the account of
others (except where this agreement shall specifically provide a different procedure,
practice, and so forth).
B. Employees.: Proposer shall have in its employment at all times a sufficient
number of capable employees to enable it to properly, adequately, safely and
economically manage, operate, maintain, and account for the fuel dock and marina. All
matters pertainin~ to the employment, supervision, compensation, promotion and
discharge of employees are the responsibility of Proposer, which is in all respects the
employer of those eri1ployees. Notwithstanding anything to the contrary, Owner shall be
notified at least five days prior to the proposed replacement of the fuel dock and marina's
general Manager. The replacement of any general Manager will be subject to the review
and approval of Owner. Proposer shall fully comply with all applicable laws and
regulations having to do with worker's compensation, social security, unemployment
insurance, hours of labor, wages, working conditions, and other employer-employee
related subjects. Proposer represents that it is and will continue to be an equal opportunity
employer and must advertise as such. This agreement is not one of agency by Proposer
for Owner, but one with Proposer engaged independently in the business of managing
properties on its own behalf as an independent contractor. All employment arrangements
2
are therefore solely Proposer's concern and Owner shall have no liability with respect to
those arrangements.
D. Income: The establishment of all prices, price schedules, rates and rate
schedules shall be subject to Owner's prior written approval, and in this connection
Proposer shall use diligent efforts to collect all income of any type and nature which may
become due from time to time or at any time for goods and services provided in
connection with the fuel dock and marina or any portion of it. Proposer shall collect and
identify any income due Owner from all fuel except the convenience items. Proposer
shall be responsible for the collection of all marina rents due and payable the first of each
month. Proposer shall also be responsible for the issuance of slip lease agreements,
subject to CRA approval, and enforcement of the terms and conditions of the lease
agreement. All monies so collected shall be deposited daily in the operating accounts, as
defined below. In connection with any collection efforts, only legal counsel or a
collection firm approved by Owner shall be retained. All legal expenses incurred in
bringing such approved suit or proceeding shall be submitted to OWller for its prior
approval. Proposer shall not write off any income items without the prior approval of
Owner.
E. Repairs: Subject to the 'l-pproved operating budget as defined below, the
Proposer shall be responsible for making such repairs, altetati()ns and decorations for the
fuel dock and marina as Proposer may deem reasonable an(j necessary for the proper
maintenance and operation ofthe fuel dock andlruiritl.a.However, no contract for repairs,
alterations or decorations involving a singleexpenditlltein excess of $500.00 shall be
entered into without written notice to, and written approval of, Owner having first been
obtained. In the event of an emergency requiring prompt action for the protection or
safety of the fuel dockand marina or its occupants, Proposer shall be empowered to take
necessary action without prior approval, after which a written report of the occasion for
action and the action tliken shall immediately be made to Owner.
F. Convenience Items: The Proposer shall have the right sell convenience
items from. the fuel dock. The sale of convenience items shall be the right and sole
responsibility of Proposer. Proposer shall be responsible for obtaining all necessary
permits for the sale of convenience items. Notwithstanding, Owner shall have the right to
approve, in advance, in writing a list of items to be sold. Sale of any unapproved items
shall be a breach of this agreement. Convenience items shall mean but not be limited to
ice, bait, snacks, fishing tackle and oil. The cost of purchase of inventory of convenience
items shall be the responsibility and cost of Proposer. Proposer shall pay to Owner five
percent (5%) of gross sales less sales tax as the fee for the right to sell convenience items.
Proposer shall account for purchase and sales of convenience items on the same schedule
and to the same detail as for fuel dock sales and services. Except as otherwise directed
by Owner in a particular case, all concessions and licenses for the sale of the convenience
items shall be in Proposer's own name as Proposer and not in the name of Owner.
G. Accounting: All books, accounts and records maintained on site for the
operation of the fuel dock and marina, including all accounts in the name of the Proposer
3
used by Proposer for payment of the Management Costs listed on Exhibit A, shall be
open at all reasonable hours for inspection and audit by Owner or any qualified and
experienced accountant selected by Owner for that purpose. In all cases, proper
identification must be given to the general Proposer in charge of the fuel dock/marina
before inspection will be granted. At the sole discretion of the Owner, within sixty [60]
days after the close of each fiscal year an audit shall be made of the books and accounts,
including all accounts used by Proposer for payment of the Management Costs by
independent auditors, satisfactory to Owner, which shall be an expense of operating the
fuel dock and marina and not the responsibility of Proposer.
H. Service Agreements: Generally, the Proposer shall negotiate service and
other contracts reasonably necessary or desirable in connection with the operation of the
fuel dock and marina in the usual course of business, except that Proposer shall not enter
into any contract for cleaning, maintaining, repairing or servicing of the fuel dock and
marina or any of the constituent parts that require~ .annual payments in excess of $500.00
without the prior written consent of Owner. As a condition to obtaining that consent,
Proposer shall supply Owner with a copy of any such proposed contract and shall state to
Owner the relationship, if any, between Proposer (or .theperson or persons in control of
Proposer) and the party proposed to supply the goods or services, or both. All service
contracts shall: (a) be in the name of Proposer, (b) be assignable, at Owner's option, to
Owner or Owner's nominee, ( c) include a provision for . cancellation by Owner or
Proposer upon not less than thirty [30] days'. written notice, and (d) require that all
contractors provide evidence of sufficient insurance. If this agreement is terminated
pursuant to Section Nine, Proposer shall, at Owner's option, assign to Owner or Owner's
nominee all service agreements pertaining to the fuel dock/marina.
1. Inventory. Supplies and Equipment: Subject to the approved operating
budget, Proposer shall purchase all inventories, provisions, supplies and equipment as
Proposer may deem reasonably necessary in order to properly maintain and operate the
fuel dock/marina.
J. Advertising: Proposer shall prepare advertising plans and promotional
materials to be used to further sales if determined necessary between Owner and
Proposer. Such plans or materials shall only be used if approved in advance in writing by
Owner and in cOllfonnity with that approval. Proposer shall not use Owner's name in any
advertising or promotional materials without Owner's prior written approval in each
instance. Advertising and promotional materials shall be prepared in full compliance with
federal, state and local fair housing laws, ordinances, regulations and orders.
K. Compliance With Laws: Proposer shall be responsible for full compliance
with federal, state and municipal laws, ordinances, regulations and orders relating to the
renting, use, operation, repair and maintenance of the fuel dock and marina and with the
rules, regulations or orders of the local board of fire underwriters or other similar body.
In particular, Proposer shall be responsible for full compliance with all laws, rules and
regulations relating to the storage and sale of hazardous materials as hereinafter further
4
provided. Proposer shall promptly remedy any violation of any such law, ordinance, rule,
regulation or order which comes to its attention.
Expenses incurred in remedying violations may only be paid by the Owner. If the
violation is one for which Owner or other title holder might be subject to penalty,
Proposer shall notify Owner within three [3] business days to the end that prompt
arrangements may be made to remedy the violation, provided that any and all costs, fines
and penalties payable as a result of the violation accruing between the date of Proposer's
first receiving actual notice of the violation and the date Proposer gives notice to Owner
shall be borne by Proposer.
L. Hurricane Preparedness: Proposer shall be responsible for developing
a hurricane plan for the fuel dock and marina that wiUimplemented in the event of a
hurricane. The plan should be consistent with actions typical and customary to fuel dock
and marina industry standards. The hurricane plan must be approved by the Owner in
writing.
M. Taxes; Mortgages: Proposer shall, if so requested, obtain and verify
bills for real estate and personal property taxes, improvement assessments and other
similar charges that are or may become liens against the ..fuel dock and marina and may
recommend payment or appeal as in its best judgment it may decide. Proposer shall
forward the bills to Owner for payment by Owner in time to permit Owner to avoid
penalty for late payment or to permit Owner to take advantage of discounts. Proposer
shall not make any payments on account of any ground lease, mortgage, deed of trust, or
other security instrument, if any, affecting the fuel dock and marina.
N. Leasing: Proposer shall not lease any space to other purveyors
whether for convenience items or other items without the prior written consent of Owner.
O. General: Subject to the terms and conditions of this agreement,
Proposer shall perform all acts reasonably necessary in connection with the operation of
the fuel dock and marina in an efficient and proper manner and in accordance with
standards and policies established or to be established by Proposer for the operation of a
first-class fuel dock and marina.
P. Workers. Compensation: Proposer must furnish a certificate evidencing
workers' compensation and crime insurance in a form acceptable to Owner. Crime
insurance shall be for an amount not less than $5,000.00 per occurrence. The certificate
shall have attached an endorsement that Owner will be given at least ten [10] days' prior
written notice of cancellation of or any material change in the policy.
Q. Additional Insurance: Proposer shall be responsible for any insurance
Proposer deems appropriate for insuring the convenience items and any equipment
Proposer places in the fuel dock and marina. Proposer shall carry such other insurance as
reasonably required by Owner.
5
Statements of Qualification
Interested firms shall provide the following information in the following format:
Section I - Cover letter - Section I shall include a cover letter which will provide a brief
summary of the firm and who the principal point of contact will be for the services. It is
the desire of the CRA to have one (1) point of contact.
Section II - Firms qualifications - Section II shall provide a detailed description of the
firm in relationship to the services being offered. This section shall include:
. A detailed description of experience and qualifications for the services being
offered including but not necessarily limited to:
o Years providing the services being proposed.
o References for similar services being proposed.
o List of similar facilities currently Ul1der management or previously
managed.
. Organizational chart listing the principal point of contact, key professional staff,
and other key support staff who are. anticipated to work at the fuel dock and
marina, and illustrating how the company. is organized to provide the services
being offered.
. Any licenses, certifications or other related professional credentials held by the
company, including a certificate of good standing from the Secretary of State,
Division of Corporations.
. Information on professional liability, workers compensation and other appropriate
insurances carried by the company.
. Bonding capacity, if applicable.
. LiSlt and description of any outstanding claims against the company.
. List and description of any management projects from which the company has
been relieved of duty.
. Other appropriate information as determined by the company.
Section III - Key personnel qualifications - Section III shall provide a detailed
description of the individuals and their qualifications in relationship to the services being
offered. This section shall include:
. A list of each person anticipated to provide service for the CRA under this
solicitation and their relevant experience including:
o Education.
o Years of experience.
o References for similar services being proposed.
o List ofprojects.
6
o Any licenses, certifications or other related professional credentials held
by the individual.
o Other appropriate information as determined by the company.
Companies which offer their services for the service noted above acknowledge that the
personnel described in their statements of qualification are an important component to
selection. Further, it is the obligation of any firm selected to immediately notify the CRA
if one or more of the key personnel become unavailable to work on CRA projects on
either a permanent or temporary basis. Removal, replacement and/or substitution of any
key personnel may cause the company to be disqualified from providing service to the
CRA at the CRA's sole and absolute discretion.
Section IV - General Business Terms - Section IV shall provide the general business
terms under which the company typically provides .sei'vices. Those general business
terms shall include:
. Typical method of contracting - the company shall provide information on their
typical method of contracting for the services required herein. Proposer should
specify the proposed annual operating budget for .overhead and Management Cost
for the services required under this RFPIRFQ. The eRA anticipates providing the
selected Proposal a monthly payment for services rendered based on the annual
fee schedule.
. Contract form - the Agreement attached hereto will be the management contract
approved by the CRA Board of Commissioners and will be the contract form
utilized for the purpose of this RFPIRFQ. Submission of a proposal under this
RFPIRFQ indicates acceptance of the terms and conditions of the Agreement by
the Proposer.
· Term and Tennination - the CRA intends to enter into an agreement with selected
firm for a two (2) year period with the option for an additional two (2) year
renewal subject to the mutual agreement of both parties. Services may be
terminated by eithetparty with 30-days written notice to the other.
Selection Process:
All statements of qualification are encouraged to be brief and to the point. The CRA
plans to review the responses and may conduct interviews prior to establishing a short list
of firms for selection. Statements of qualification will be reviewed, rated and ranked
based on the following:
· Firms qualifications and experience
· Qualification of key personnel
· Acceptability of fee structure for services
· History of litigation and arbitration of firm and key personnel
7
There are two phases ofthe RFP process. Phase One commences with the announcement
of the RFP and ends with the submission of proposals. Phase Two begins following
submission of the proposals.
During Phase One of the RFP process all communications from Proposers, whether direct
or indirect, shall be through the CRA Executive Director or her designee. Proposers shall
have no communication, directly or indirectly with members of the CRA Board or
Selection Committee during Phase One. Communications to the Executive Director or
her designee are exclusively for clarification regarding procedures and objectives.
During Phase Two Proposers may communicate with members of the CRA Board
provided they do so in compliance with the City of Boynton Beach Lobbying Ordinance,
Ordinance 07-008.
Communication with any individuals in violation of the foregoing restrictions may result
an individual or firm to be disqualified from partiCipating in the development soliCitation
when such communication is determined by the Board of the CRA to have materially
affected the RFP process.
The CRA reserves the right to consider any and all infortl1ation provided by the company
in its statement of qualifications and to accept or reject anyor.all statements at the CRA's
sole and absolute discretion. Interested partie~ are required to submit one (1) unbound
original and 7 copies of their statements of qualification on or before November 9,2007,
3:00 pm to:
Lisa Bright, Executive Director
Boynton Beach CRA
915 South Federal Highway
Boynton Beach, FL 33435
8
Timeline:
September 12, 2007 Publication of Notice
September 25,2007 Voluntary Pre-proposal meeting for interested parties at lOam
November 9,2007
December 11, 2007
Proposal packages due to CRA office by 3:00 pm
Approval of selected Proposal by CRA Board of Commissioners
Facsimile transmissions and electronic submissions will not be accepted. Any responses
received by the CRA after 3:00 pm on November 9, 2007 will be rejected and returned,
unopened, to the proposer. Any question regarding whether a submittal has been
submitted timely shall be resolved by reference to the time kept by the CRA's
receptionist or delegated representative for the receipt of submittals.
The CRA staff will review the Proposals and intends to present the Proposal to the CRA
Board of Commissioners for their review and approval, but may select more at staff's
sole and absolute discretion. Staff may request that its Board of Commissioners approve
the Management Agreement to be executed with the selected Proposer in order that
established services may continue to be proved without interruption.
Contacts:
All correspondence and requests for information regarding the request for proposals,
should be directed to:
Michael Simon
eRA Development Manager
Boynton Beach eRA
915 S. Federal Highway
Boynton Beach, FL 33435
E-mail: simonm@ci.boynton-beach.fl.us
Telephone: (561) 737-3256
Protests:
Any and all decisions by the CRA Board to modify the schedule described herein,
requests for additional information, reject insufficient or unclear proposals, formulate an
objective point system for review, rate and rank proposals, negotiate agreements,
abandon negotiations, approve agreements, etc., shall be at the CRA's sole discretion and
no protests whatsoever shall be considered by the CRA Board. Submittal of a reply to
this RFP on the part of any and all proposers constitutes acceptance of this policy.
9
Public Records
Florida law provides that records of a public agency shall at all times be open for
personal inspection by any person. Section 119.01, F.S., The Public Records Law.
Information and materials received by the CRA, in connection with a submittal shall be
deemed to be public records subject to public inspection. However, certain exemptions to
the public records law are statutorily provided for in Section 119.07, F.S. If the Proposer
believes any of the information contained in its Submittal of Proposals is exempt from the
Public Records Law, then the Proposer must in its response specifically identify the
material which is deemed to be exempt and cite the legal authority for the exemption and
the CRA will evaluate the material to determine whether it is exempt from the Public
Records Law. Otherwise. the CRA will treat all materials received as public records.
Public Entity Crimes
"A person or affiliate who has been placed on the convicted vendor . list following a
conviction for a public entity crime may not sl.1bmitProposals, bids or qualifications (as
applicable), in response to a solicitation for said produ.cts/services in support of a public
entity, and may not submit qualifications, a proposalofpid on a contract with a public
entity for the construction or repair ofa public building or .public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any publice,ntity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed 011 the convicted vendor list."
Drug Free Workplace Certification
All Proposers must complete and sign the attached "Drug Free Workplace Certification
by Vendor", and submit it with their Proposals. Failure to do so may result in rejection of
the proposal.
10
CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM
I certify the firm of responding to this RFP
maintains a drug-free workplace program, and that the following conditions are met:
(1) We publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
workplace; and specifying that actions will be taken against employees for violations of
such programs.
(2) We inform employees about the dangers of drug abuse in the workplace, the
company's policy of maintaining a drug-free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and thepenaltiesthat may be imposed
upon employees for drug abuse violations.
(3) We give each employee engaged in providing the commodities or contractual services
included in this RFP/RFQ a copy of the statement specified in Subsection (1).
(4) In the statement specified in Subsection (1), we notify the employee that, as a
condition of working in the commodities or contractual service$ covered under this RFP,
they will abide by the terms of the statement; .and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
(5) We impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, by
any employee who is convicted.
(6) We make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above require1llents.
Authorized Signature:
Date
Name & Title (typed)
11
Exhibit" A"
Boynton Beach Community Redevelopment Agency
Fuel Dock and Boynton Harbor Marina Management Agreement
This Management Agreement is made the dates indicated below, by and between
Boynton Beach Community Redevelopment Agency, a governmental entity created
pursuant to Florida Statute Chapter 163, with its principal office located at 915 South
Federal Highway, Boynton Beach, Florida 33435 ("Owner"), and
, a corporation organi-l-ed and existing under the laws of
Florida, with its principal office located at ("Manager").
RECITALS
A. Owner owns a fuel dock and 24 slip marina at 735 Casa Loma Boulevard,
Boynton Beach, Florida.
B. Manager represents that it is qualified in the supervision, operation and
management of fuel docks and marinas.
C. Owner d~siresto employ Manager to act as its Manager in supervising,
administering and managing the fuel dock and marina.
D. Manager de~ires tq furnish those services, all subject to the terms and
conditions set forth in this agreement.
In consideration of the matters described above, and of the mutual benefits and
obligations set forth in this agreement, the parties agree as follows:
SECTION ONE. APPOINTMENT OF MANAGER
A. Owner appoints Manager for the term of this agreement as its sole and
exclusive Manager to supervise and administrate, for and at the expense of Owner, the
management and operation of the fuel dock and 24 slip marina, on the terms and
conditions stated below. This appointment is to be effective the date the last of the
parties has signed this agreement and to continue in force afterwards for the period
specified in Section Nine below.
B. Manager shall manage, operate, and maintain the fuel dock and marina in
an efficient and satisfactory manner. Manager shall act in a fiduciary
capacity with respect to the proper protection of and accounting for
Initials
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Page 1 of 16
Owner's assets. In this capacity, Manager shall serve Owner's interests at
all times.
SECTION TWO. MANAGEMENT AND OPERATION SERVICES
Manager accepts the appointment under the terms and conditions set forth in this
agreement, and in connection with the supervision, administration, and management,
Manager shall perform the following services:
A. General Operation: Manager will operate the fuel dopk and marina in the
same manner as is customary and usual in the op~ration of comparable facilities for the
account of Owner, and so far as is economically and legally possible, . in accordance
with the same procedures, practices, man~g~rnent tephniques and other rules of
operation used by similar fuel docks and mariria$apd tt)ose managed by Manager for
the account of others (except where this agreemeriishcall specifically provide a different
procedure, practice, and so forth).
B. Emplovees: Independent Contractor. Man~~~r shall have in its
employment at all times a sufficient number of capable employees to enable it to
properly, adequately, safely and economicallymari~!iJ~,()perate, maintain, and account
for the fuel dock and marina. All matters pertaining to the employment, supervision,
compensation, promotibr{~hd discharge of employees are the responsibility of
Manager, which isirlall resp~pts the employer of those employees. Notwithstanding
anything to the contrafy,pwnershall be notified at least five days prior to the proposed
replacement of the fuelcipGk..and'l)arina's general Manager. The replacement of any
general Manager will be subJ~ct to the review and approval of Owner. Manager shall
fully comply with all applicable laws and regulations having to do with worker's
compensation, social security, un~mployment insurance, hours of labor, wages, working
conditions, and other employer-employee related subjects. Manager represents that it is
and will continue to be an equal opportunity employer and must advertise as such. This
agreement is not one of agency by Manager for Owner, but one with Manager engaged
independently in the business of managing properties on its own behalf as an
independent contractor. All employment arrangements are therefore solely Manager's
concern and Owner shall have no liability with respect to those arrangements.
D. Income: The establishment of all prices, price schedules, rates and rate
schedules shall be subject to Owner's prior written approval, and in this connection
Manager shall use diligent efforts to collect all income of any type and nature which may
become due from time to time or at any time for goods and services provided in
connection with the fuel dock and marina or any portion of it. Manager shall collect and
identify any income due Owner from all fuel sales except the convenience items
Initials
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Page 2 of 16
separately provided for in Section One, paragraph F below. Manager shall collect and
identify any income due Owner from all fuel except the convenience items. Manager
shall be responsible for the collection of all marina rents due and payable the first of
each month. Manager shall also be responsible for the issuance of slip lease
agreements, subject to CRA approval, and enforcement of the terms and conditions of
the lease agreement. All monies so collected shall be deposited daily in the operating
accounts, as defined below. In connection with any collection efforts, only legal counsel
or a collection firm approved by Owner shall be retained. All legal expenses incurred in
bringing such approved suit or proceeding shall be submitted to Owner for its prior
approval. Manager shall not write off any income items without the prior approval of
Owner.
E. Repairs: Subject to the approved operating budget as defined below, the
Manager shall be responsible for making suchr~pairs, alterations and decorations for
the fuel dock and marina as Manager may dee.m reasonable and necessary for the
proper maintenance and operation of the fuel dockand marina. However, no contract
for repairs, alterations or decorations involving a single expenditure in excess of
$500.00 shall be entered into without written notice to,and written approval of, Owner
having first been obtained. In the event of an emergency requiring prompt action for the
protection or safety of the fuel dock andrnarina or its occupants, Manager shall be
empowered to take necessary action without prior approval, after which a written report
of the occasion for action and the action taken shall immediately be made to Owner.
F. Conv~nience Item~: The Manager shall have the right sell convenience
items from the fuel dogk. The sale of convenience items shall be the right and sole
responsibility of Manager. . Manager shall be responsible for obtaining all necessary
permits for the sale of convenience items. Notwithstanding, Owner shall have the right
to approve, in advanc.e, in Writing a list of items to be sold. Sale of any unapproved
items shall be a breach of this agreement. Convenience items shall mean but not be
limited to ice, bait, snacks, fishing tackle and oil. The cost of purchase of inventory of
convenience items shall be the responsibility and cost of Manager. Manager shall pay
to Owner five percent (5%) of gross sales less sales tax as the fee for the right to sell
convenience iterns. Manager shall account for purchase and sales of convenience
items on the same schedule and to the same detail as for fuel dock sales and services.
Except as otherwise directed by Owner in a particular case, all concessions and
licenses for the sale of the convenience items shall be in Manager's own name as
Manager for Owner and not in the name of Owner.
G. Accountinq: The installation of accounting and internal auditing systems
shall be in accordance with Section Three below.
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H. Service Aoreements: Generally, the Manager shall negotiate service and
other contracts reasonably necessary or desirable in connection with the operation of
the fuel dock and marina in the usual course of business, except that Manager shall not
enter into any contract for cleaning, maintaining, repairing or servicing of the fuel dock
and marina or any of the constituent parts that requires annual payments in excess of
$500.00 without the prior written consent of Owner. As a condition to obtaining that
consent, Manager shall supply Owner with a copy of any such proposed contract and
shall state to Owner the relationship, if any, between Manager (or the person or persons
in control of Manager) and the party proposed to supply the goods or services, or both.
All service contracts shall: (a) be in the name of Manager, (b) be assignable, at Owner's
option, to Owner or Owner's nominee, (c) include a provision for~ncellation by Owner
or Manager upon not less than thirty [30] days' written notice, and (d) require that all
contractors provide evidence of sufficient insLJrance. If this agreement is terminated
pursuant to Section Nine, Manager shall, at OWI"l~r's option, assign to OWner or Owner's
nominee all service agreements pertaining to theflJel dock and marina.
I. Inventory. Supplies and Eauipment: Subj~~t to the approved operating
budget, Manager shall purchase all inventories, provisions, supplies and equipment as
Manager may deem reasonably necessary in order to properly maintain and operate the
fuel dock and marina. . .
J. Advertisinq: M.t3nager shall prepare advertising plans and promotional
materials to be used toflitt9.er sales if d~termined necessary between Owner and
Manager. Such plans. or materj~ls shall only be used if approved in advance in writing
by Owner and in conformity wiihthat approval. Manager shall not use Owner's name in
any advertising or promotional materials. without Owner's prior written approval in each
instance. Advertising and promotional materials shall be prepared in full compliance
with federal, stateahd local fair housing laws, ordinances, regulations and orders.
K. Compliance.With Laws: Manager shall be responsible for full compliance
with federal, state and municipal laws, ordinances, regulations and orders relating to the
renting, use, operation, repair and maintenance of the fuel dock and marina and with
the rules, regulations or orders of the local board of fire underwriters or other similar
body. In particular, Manager shall be responsible for full compliance with all laws, rules
and regulations relating to the storage and sale of hazardous materials as hereinafter
further provided. Manager shall promptly remedy any violation of any such law,
ordinance, rule, regulation or order which comes to its attention.
Expenses incurred in remedying violations may only be paid by the Owner. If the
violation is one for which Owner or other title holder might be subject to penalty,
Manager shall notify Owner within three [3] business days to the end that prompt
arrangements may be made to remedy the violation, provided that any and all costs,
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fines and penalties payable as a result of the violation accruing between the date of
Manager's first receiving actual notice of the violation and the date Manager gives
notice to Owner shall be borne by Manager.
L. Hurricane Preoaredness: Manager shall be responsible for developing a
hurricane plan for the fuel dock and marina that will implemented in the event of a
hurricane. The plan should be consistent with actions typicgl and customary to fuel
dock and marina industry standards. The hurricane plan must be approved by the
Owner in writing.
M. Taxes: Mortoaoes: Manager shall, if so requested, obtain and verify bills
for real estate and personal property taxes, improvement assessments and other similar
charges that are or may become liens against the fuel dock and marina and may
recommend payment or appeal as in its besfjydgment it may decide. Manager shall
forward the bills to Owner for payment by dwn~rin time to permit Owner to avoid
penalty for late payment or to permit Owner to take advantage of discounts. Manager
shall not make any payments on account of any ground lease, mortgage, deed of trust,
or other security instrument, if any, affecting the fuel dock and marina.
N. Leasino: Manager shall not leasei:lny space to other purveyors whether
for convenience items or other items without the priorwritten consent of Owner.
O. General:SbbJeCtJo the terms and conditions of this agreement, Manager
shall perform all actt') reasonably necessary in connection with the operation of the fuel
dock and marina in ah~fficientand proper manner and in accordance with standards
and policies establishedortobe estpblished by Manager for the operation of a first-
class fuel dock and marina.
SECTION THREE. .ACCOUNTS AND RECORDS
A. Insoection: All books, accounts and records maintained onsight for the
operation of. the fuel dock and marina, including all accounts in the name of the
Manager used by. Manager for payment of the Management Costs listed on Exhibit A,
shall be open at all reasonable hours for inspection and audit by Owner or any qualified
and experienced aCCountant selected by Owner for that purpose. In all cases, proper
identification must be given to the general Manager in charge of the fuel dock and
marina before inspection will be granted. At the sole discretion of the Owner, within sixty
[60] days after the close of each fiscal year an audit shall be made of the books and
accounts, including all accounts used by Manager for payment of the Management
Costs listed on Exhibit A, by independent auditors, satisfactory to Owner, which shall be
an expense of operating the fuel dock and marina and not the responsibility of Manager.
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A copy of the audit shall be furnished to each of the parties to this agreement
immediately upon completion.
B. Owners Books of Accounts: Manager, in the conduct of its responsibilities
to Owner, shall assist the Owner in maintaining adequate and separate books and
records for the fuel dock and marina. Books and records shall be maintained in
accordance with Owner's specified accounting system and chart of accounts for fuel
dock and marina to be furnished by Owner to Manager. Manager shall ensure control
over accounting and financial transactions as reasonably required to protect Owner's
assets from theft, error, or fraudulent activity on the part of Manager's employees or
other agents. Losses arising from those instances are to be borne by Manager and shall
include but not be limited to:
1. Theft of assets by Manager's empl()yees or other agents;
2. Penalties, interest, or loss of vendor discounts due to delay in payment of
invoices, bills or other similar charges;
3. Overpayment, nonpayment, or duplicate payment of invoices arising from
either fraud or error;
4. Overpayment of labor costs arising from either fraud or error;
5. A sUI1l~qual to the value of any form of payment from purveyors to
Manager'~~mployees or affiliates arising from the purchase of goods or
services forlhe fuel dock and marina; and
6. Unauthorized use of facilities by Manager's employees or associates.
C. Manaaer's .. Books of Accounts: Manager, in the conduct of its
responsibilities to Owner,. shall maintain adequate and separate books and records for
the Management Costs listed on Exhibit A for which Manager is responsible for
payment. Books and records shall be maintained in accordance with Owner's specified
accounting system and chart of accounts for fuel dock and the marina to be furnished
by Owner to Manager. All such books and records shall be maintained on site or at a
location agreed to by Owner. Manager shall ensure control over accounting and
financial transactions as reasonably required to protect Owner's assets from theft, error,
or fraudulent activity on the part of Manager's employees or other agents. Losses
arising from those instances are to be borne by Manager.
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D. Financial Reports: Manager shall furnish preliminary reports each month
of all transactions occurring from the first day of the prior month to the last day of the
prior month. These preliminary reports are to be received by Owner no later than five [5]
calendar days after the end of the accounting period and must show all fuel sales, taxes
collected for fuel sales, fuel purchases, collections, monthly delinquencies, uncollectible
items, and other matters pertaining to the management, operation, leasing, and
maintenance of the fuel dock and marina during the subject month. These reports shall
contain a comparison of monthly and year-to-date actual income and expenses with the
approved budgets (as provided in Section Four) for the fuel dock and marina.
Additionally, Manager shall provide Owner a weekly report of fuel purchases, taxes
collected for fuel sales, sales of Manager's goods, and inventory. The fuel report shall
be for the days of Monday through Sunday and shall be due on the Wednesday
immediately following the reporting week.
SECTION FOUR. BUDGETS AND OP,ERA TIONS
Within twenty [20] days after signing this agreement, and no less than ninety [gO]
days prior to each ensuing renewal fiscal year, Manager shall submit to Owner a
proposed operating budget and a proposed capital budgets~tting forth in detail an
estimated profit and loss statement for the next four quarterly periods including a
schedule of fuel dock and marina rentals as well as any other revenues. Each budget
shall also include a d~tcail~d managem~nt and marketing plan and (to the extent
available) insurance pretnH.lm~, taxes, management fee and all other expenses and
operating costs incurred in the operation of the fuel dock and marina. An initial
estimated budget isatt~ched hereto as Exhibit "B".
Owner will considere,ach proposed budget and then will consult with Manager in
the intervening period prior to the commencement of the ensuing fiscal year in order to
agree on an "approved operating budget" and an "approved capital budget."
Manager agrees to use diligence and to employ all reasonable efforts to ensure
that the actual costs of maintaining and operating the fuel dock and marina shall not
exceed either the approved budget in total or in anyone accounting category. All
expenses must be charged to the proper account as specified in the approved chart of
accounts, and no expense may be classified or reclassified for the purpose of avoiding
an excess in the annual budgeted amount of an accounting category. Manager shall
secure Owner's prior written approval for any expenditure that will result in an excess of
$500.00 in anyone accounting category of the approved operating budget, and shall
secure Owner's written approval for any expenditure that will result in any increase in
any annual budgeted account in any accounting category of the approved capital
budget.
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During the calendar year Manager shall inform Owner of any major increases in
costs and expenses that were not foreseen during the budget preparation period and
thus were not reflected in either approved budget.
SECTION FIVE. DISPOSITION OF FUND~FROM
FUEL DOCK AND MARINA OPERATIONS
Funds originating from the fuel dock and mcu'ina's operation or from Owner and
coming into Manager's possession shall be received, handled and disposed of as
follows:
A. Owner's ODeratina Accounts: All funds rec~ived in the operation of the fuel
dock and marina, including any working capital furnistl~d by Owner, shall be funds of
Owner and shall be deposited by Manager in the account at the banking institution or
institutions selected by Owner in the ri~rI1e of Owner. All such funds shall be deposited
daily. Manager shall make arrangements and Owner shall sign all necessary
paperwork to provide acceptance of credit card chargesfor fuel. Manager shall have no
signing authority over thy/I11Cl.in operating account. OWl"ler and Manager may agree to
open a separate pet1:ycasH.~(::count over which Manager will have signing authority
along with Owner.lJpon agre~rnent for a petty cash account, Manager shall provide
Owner an accountingiPfrxpen$es paid including receipts, in order to obtain additional
funds for the account. O'M?er.$~~Up.rovide r\Aanager with electronic access on a READ
ONLY basis to the Owners Marina.Operating account for purposes of business
inquiries to credit card deposits, electronic fuel payments, deposits and payments.
B. Payment ofExDenses: Manager shall, except for payments out of an
agreed petty cash accounfand the. Management Costs listed on Exhibit A to be paid by
Manager, provide invoices to Owner's designated employee for payment. Owner and
Manager shall make arrangements with Manager's fuel supplier for electronic
payments, payment terms or other appropriate arrangements to facilitate the delivery of
fuel as necessary.
C. Payment to Owner: Owner shall have full control of all funds from the
operations of the fuel dock and marina except for the convenience items and funds paid
to Manager for payment of Managers Costs as listed on Exhibit A. Owner may disburse
funds to itself as it deems appropriate.
SECTION SIX. MANAGER NOT TO PLEDGE OWNER'S CREDIT
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Manager shall not pledge the credit of Owner nor shall Manager in the name of,
or on behalf of, Owner borrow any money or execute any promissory note, bill of
exchange or other obligation.
SECTION SEVEN. REIMBURSEMENT FOR EXPENSES
Everything done by Manager in the properperrormance of its obligations and all
permitted expenses incurred by it under this agreement shall be for find on behalf of
Owner and for Owner's account. Manager sha.llbe reimbursed for any proper expenses
outside of those expenses listed in Exhibit "A" upon presentation of a receipt and
approval of the same by Owner.
SECTION EIGHT. INSURANCE
A. Owner's Insurance: Owner, afits expense, will obtain and keep in force
adequate insurance against physical damage, that is, fire with extended coverage
endorsement, boiler an9Wfiphinery, etc., and against liability for loss, damage or injury
to property or person~WffidhJllight arise out of the occupancy, management, operation
or maintenance ofth~fuel docKand marina. Manager will be covered as an insured in
all liability insurancernaintaineCiwith respect to the fuel dock and marina. Owner shall
save Manager harmlessfr()manyliCi.bility on account of loss, damage or injury actually
insured against by Owner provided Manager:
1. Notifies Owner and the insurance carrier within 24 hours after Manager
receives notice of any such loss, damage or injury;
2. Takes no action (such as admission of liability) that might bar Owner from
obtaining any protection afforded by any policy Owner may hold or which
might prejudice Owner in its defense to a claim based on such loss,
damage or injury;
3. Agrees that Owner shall have the exclusive right, at its option, to conduct
the defense to any claim, demand or suit within limits prescribed by the
policy or policies of insurance; and
4. Has not acted negligently and any liability results from such negligence.
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Nothing here shall be construed as indemnifying Manager or its employees,
contractors or agents against any act or omission for which insurance protection is not
available; neither is the preceding intended to affect the general requirement of this
agreement that the fuel dock and marina shall be managed, operated and maintained in
a safe condition and in a proper and careful manner. Manager shall furnish Owner
requests for the purpose of establishing the placement of insurance coverages and shall
aid and cooperate in every reasonable way with respect to such insurance and any loss
under it. Owner shall include in its hazard policy covering the fuel dock and marina,
Owner's personal property, fixtures and equipment located on it.
B. Workers Compensation: Manager must furnish a Gfartificate evidencing
workers' compensation and crime insurance in aforll1 acceptable to Owner. Crime
insurance shall be for an amount not less than $5,000.00 per occurrence. The certificate
shall have attached an endorsement that Ownerwill be given at least ten110] days' prior
written notice of cancellation of or any material change in the policy.
C. Additional Insurance: Manager shallb~ responsible for any insurance
Manager deems appropriate for insuring the conveniehGfa items and any equipment
Manager places in the fuel dock and marina. Manager shall carry such other insurance
as reasonably required by Owner.
D. Contractor Insurance: Manager shall require that all contractors or
subcontractors brough.f6ritO'ft1l3 fuel dock and marina have insurance coverage at the
contractor's or subc;()htractor's ~Xpense, in the following minimum amounts:
1. Worker's c()lTlpen~ation in the statutory amount.
2. Comprehensive 'general liability of at least $1,000,000.00. combined single
limit.
Manager must obtain Owner's permiSSion to waive any of the above
requirements. Higher amounts may be required if the work to be performed is
sufficiently hazardous. Manager shall obtain and keep on file a certificate of insurance,
which shows that the subcontractor is so insured. Owner shall be named as an
additional insured onthe certificate.
SECTION NINE. TERM OF AGREEMENT
The original term shall commence on the date last signed by a party hereto and
end on September 30, 2010. The agreement carries an option for an additional two (2)
year renewal subject to the mutual agreement of both parties.
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A. Either party to this agreement may terminate this agreement with or
without cause by giving thirty [30] days' prior notice in writing to the other party.
B. Upon termination of this agreement all sums due to either party under the
terms specified in this agreement shall become immediately due and payable.
C. In addition to other termination rights provided in this agreement, this
agreement shall terminate automatically and immediately upon sale of the fuel dock and
marina by Owner or upon termination of Owner's right to sell fuel at the fuel dock.
Owner agrees to give Manager prior notice of sale.
D. Owner may terminate this agreemeht for failure to meet accounting
deadlines by Manager. Should Manager not meet the reporting deadlines more than
twice in succession or more than four times during the term of this agreement, Owner
shall have the right to either terminate this agreement or to put Manager on notice of
probation. Should Owner put Manager on noticeofprobatibn, Owner may terminate
Manager without notice for any succeeding violation ofteporting requirements.
E. Owner may terminate this agreement, withoutnotice, should Manager not
meet all regulatory guidelines and requirements for the storage and dispensing of fuel or
allow any hazardous conditions to exist regarding the storage and dispensing offuel.
SECTION TEN. COMPENSATION OF MANAGER
Manager shalFpJ3 paid a management fee of per month
due on the first day of the. month following the month of service and past due on the
fifteenth day of the month. Jraddition, Manager shall be paid 1/12 of the agreed upon
expenses listed as Managers Qosts in Exhibit "A". Manager shall be responsible for the
payment of and accounting for use of the funds for the Managers Costs as listed on
Exhibit "A".
SECTION ELEVEN. INDEMNIFICATION
Manager shall not be liable to Owner or to any other person for any obligation of
Owner or any contractual obligation that arises in the course of the business of the fuel
dock and marina and Owner shall indemnify and hold Manager harmless for any such
obligation. With respect to any act or omission of any agent or employee of Owner,
Owner shall indemnify Manager and hold it harmless from all liability, loss, damage,
cost or expense by reason of any such act or omission. In no event shall Owner make
any claims against Manager on account of any alleged errors of judgment made in good
faith in determining the operating policies of the fuel dock and marina.
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SECTION TWELVE. SALE OF FUEL DOCK AND/OR MARINA
If Owner executes a listing agreement with a broker for sale of the fuel dock and/or
the marina, Manager shall cooperate with such broker to the end that the respective
activities of Manager and broker may be carried on without friction. Manager will permit
the broker to exhibit the fuel dock and marina during reasonable business hours
provided the broker has secured Manager's permission in advance. Sale of the fuel
dock and/or marina by Owner is important. Manager agrees that failure on its part to
extend cooperation to a broker desiring to show the fuel<.dock and/or marina is a
material default on its part under this agreement and is grounds for immediate
termination of this agreement.
SECTION THIRTEEN. NOTICES
Any notice, statement or demand required or permitted by this agreement to be
given by Manager to Owner shall be in writing, QI'lQ shall. be sent by registered or
certified mail to Owner at 915 South Federal Highway, Boynton Beach, FL 33435, or at
such other address as Owner may from time to time de~i9nate to Manager in writing.
Any notice required or permitted by this . agreement to begivrl'lby Owner to Manager
shall be in writing and shall be sent by registered or certified mail to Manager
at , or such other address as Manager may, from time
to time, designate to OVlfn~rin writing. Any such notice shall be deemed given as of the
date of its receipt at the addre~s to which such notice is so directed regardless of any
other date that may appear the;t~.
SECTION FOURTEEN. ASSIGNABILITY
Subject to at least 30 days' prior written notice to and approval by Owner,
Manager may assign its respective rights, interests and obligations under this
agreement to any subsidiary, to any corporation with which it merges or is consolidated,
or to which it sells the majority of its assets. No other assignment of this agreement or
the rights under it by Manager shall be permitted.
. .
Owner shall have the right to assign this agreement to any purchaser, lessee or
other transferee of substantially all of the assets comprising the fuel dock and marina,
provided such purchaser, lessee or transferee expressly assumes by a writing delivered
to Manager all of the obligations of Owner under this agreement.
SECTION FIFTEEN. COMPETITIVE BIDDING
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All contracts for repairs, capital improvements, goods and services exceeding
$1,000.00 shall be awarded on the basis of competitive bidding, solicited in the following
manner:
A. A minimum of three written bids shall be obtained for each such purchase.
B. Each bid will be solicited in a form prescribed by Owner so that uniformity
will exist in the bid quotes.
C. Unless otherwise directed by Owner, Manager may accept a low bid
without prior approval from Owner if the expenditure is for a budget-approved item and
will not result in an excess of the annual budgeted ..accounting category of the applicable
approved operating or capital budget; provid~d, however, that if Manager advises
acceptance by Owner of other than the lowest bidder, Manager shall adequately
support, in writing, any such recommendation to Owner.
D. Owner shall be free to accept or reject any and all bids.
E. Manager may request that Owner waive the competitive bidding rules on a
case-by-case basis.
SECTIQN SIXTEEN. FINAL ACCOUNTING
Upon termination of this agreement for any reason, Manager shall promptly
deliver to Owner thefoUpwing with respect to the fuel dock and marina:
A. A final accounting, reflecting the balance of income and expenses of the
fuel dock and marina,(;is ofthe qate of termination or withdrawal, to be delivered within
thirty [30] days after such termination or withdrawal;
B. Any balance of monies of Owner or tenant security deposits, or both, held
by Manager with respect to the fuel dock and marina, to be delivered immediately upon
termination or withdrawal;
C. All records, contacts, bookings, leases, reservation books, receipts for
deposits, unpaid bills and other papers or documents which pertain to the fuel dock and
marina, to be delivered immediately upon such termination or withdrawal; and
D. A complete inventory of the assets of Owner, including, but not limited to,
personal property, equipment, inventory and consumables.
SECTION SEVENTEEN. INDEMNIFICATION BY MANAGER
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Manager shall indemnify, defend and hold Owner harmless from any and all
uninsured claims, demands, causes of action, losses, damages, fines, penalties,
liabilities, costs and expenses, including attorneys' fees and court costs, sustained or
incurred by or asserted against Owner by reason of or arising out of Manager's (or its
employees' or agents') negligence in performing or failing to perform the duties and
obligations required by this agreement to be performed by it. Notwithstanding the
preceding, to the extent that Owner is not fully covered by im,urance, Manager shall, to
the extent set forth below, indemnify Owner and hold it harmless from any damages,
fines, penalties, liability, cost, claim or expense, including attorneys' fees, arising out of
or in connection with the operation of the fuel dock andl11arina orJvlanager's operations
other than at the fuel dock and marina. The costs ofiridemnity shall be borne as follows:
A. If the damage, liability, cost, claim or e~pense is attributable to (1)
Manager's acts which are negligent, or (2) ManagEitr's breach of this agreement, the cost
of indemnification shall be borne solely by Manager;tand
B. If the damage, liability, cost, claim or expeh~e is attributable to any other
reason or cause, the cost of indemnification. shall be reimbursed by Owner to Manager
within thirty [30] days following receipt by Owner from Manager of proof of the payment
by Manager of the cost and shall to the extent.. possible be charged against the
operating accounts of thl3fUElldock and marina.
SECTION EIGHTEEN. ENFORCEABILITY
If any provisionofthi$~greElment or the application of any provision to any
person or circl,lmstancesi5) held invalid or unenforceable, the remainder of the
agreement and the applicati()rl of the provision to other persons or circumstances shall
remain valid and enforceable.
SECTION NINETEEN. WAIVER OF PROVISIONS
None of the conditions or provisions of this agreement shall be held to have been
waived by any act ofkriowledge of Manager, its agents or employees, but only by an
instrument in writing, signed by an officer of Manager.
SECTION TWENTY. ENTIRE AGREEMENT
This agreement shall constitute the entire agreement between the parties relative
to the subject matter of the agreement, notwithstanding any oral statements to the
contrary, and this agreement may be executed simultaneously in two or more
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counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument. This agreement cannot be changed or
terminated orally, but only by writing signed by the party against whom such change or
termination is asserted.
SECTION TWENTY-ONE. BURDENS AND BENEFITS
This agreement shall be binding upon and shall inure to the benefit of the respective
legal representatives, successors and assigns of Manager, Owner and any future
Owner or lessee of the fuel dock and marina.
SECTION TWENTY-TWO. GOVERNING LAW
This agreement shall be interpreted under and governed by the laws of the state
of Florida.
SECTION TWENTY-THREE. HEADINGS
All headings are inserted only for convenience and ease of reference and are not
to be considered in the construction or interpretation of any provision of this agreement.
SECTION TWENTY-FOUR. REPRESENTATION
Manager repte~ents and warrants that it is fully qualified and licensed, to the
extent required bylaW.~o man~ge real estate, fuel docks and marinas and perform all
obligations assumed bY;M~nager under this agreement. Manager agrees to comply
with all such laws now or afterwards in'effect.
The parties to this agreement have signed the agreement as of the dates
indicated below. This agreement may be signed in counterparts with each considered
originals.
OWNER:
BOYNTON BEACHCQMMUNITY
REDEVELOPMENT AGENCY
MANAGER:
By:
By:
LISA BRIGHT, Executive Director
Date:
Date: .
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~qY~T8~ eRA
East Side-West S'lde-Seas',de Rena',ssance
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: Septemberll,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
Robert and Catherine Shaw.
SUMMARY: The Residential Improvement Grant Program was implemented in January 2007 as
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 three grants at their
regular meeting held on July 10, 2007 and two additional grants at their August 14, 2007 meeting.
The CRA has received an application request from Mr. and Mrs. Robert Shaw to assist them with
hurricane shutters, irrigation system, landscaping, exterior doors, driveway and exterior painting for their
home located at 117 NW 4th Avenue. It has been determined that the Shaw family's household income
falls below the 120% 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 Robert and Catherine Shaw located at 117 NW 4th Avenue.
~~~
Michael Simon
Development Manager
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 09 11 CRA Baord Meeting - September\Resid Imprv Grant- Robert & Catherine Shaw.doc
Boynton Beach Residential Improvement Grant Program
Residential Improvement Grant Program
Applicant:
Robert & Catherine Shaw
117 NW 4th Avenue
Boynton Beach, FL 33435
Household Analvsis:
Robert Shaw, Owner
83 years of age, DOB: 6/01124
Catherine Shaw, Spouse/Owner
65 years of age, DOB: 2/07/42
Household Income Analysis:
Robert Shaw:
Department of Florida Retirement Benefits
$316.64/month - $ 3,799.68
Social Security Benefits
$1,293.00/month - $15,516.00
City of Boynton Pension Benefits
$1,573.08/month - $18,876.00
Catherine Shaw:
Social Security Benefits
$570.00/month -
$ 6,840.00
$45,031.68 estimated yearly income
Conclusion: September 6, 2007
Based on the income and household information provided by Robert & Catherine Shaw, the
estimated yearly household income of $45,031.68 for a family of two places them below 120%
of area median income and qualifies her for assistance under the CRA's program.
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DOR-PMG
FLORIDlDEPART~NT OF REVENUE
'0 )7~/2_JE/2/2C/ ,
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Petitioner/Obligee
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
FAMILY DIVISION
CASE NO. (:/) tfc?-2777 P8
vs.
INCOME DEDUCTION ORDER
JlE/2I3E/ZT gEliLS
Respondent/Obligor.
/
Concurrent with the Court's Order of Support and pursuant to Florida Statute 61.130, (The definitions of
Terms and Rights and Remedies are on Exhibit "A" attached to this Order), it is
ORDERED AND ADJUDGED as follows:
1. This Order shall be--.4:X- EFFECTIVE IMMEDIATELY or UPON THE OBLIGOR
BECOMING ONE MONTH DELINQUENT in hislher support obligation.
2. Upon receipt of this Order, any Payor (employer/income provider of the Obligor) shall deduct from
all income due and payable to the Obligor the sum(s) of the Obligor's regular support obligation, plus the sum of
$ FtJ.o 0 to be applied to arrears. TO WIT, the following amounts shall be deducted:
I. Arrearagesare: $..2.2:/73/3/ asof /J/tJOehJ8.c/Z/ -2003
II. Child Support: $
III. Alimony: $
IV. Retroactive Support: $
PAYMENTS ARE DUE: A. r x' weekly on F/Z/iJ/l t/ of each week.
B. bi-weekly on / every other week.
C. semi-montWy on the and
D. montWy on the of each month.
3. The Payor shall deduct all income which is paid in the form of a bonus or other similar one-time
payment, up to the amount of the arrearage owed.
4. All monies deducted shall be paid to the State of Florida Disbursement Unit, (FLSDU) and shall be
mailed to the State of Florida Disbursement Unit (FLSDU) at P.O. BOX 8500, TALLAHASSEE, FL 32314-8500.
Each payment shall include the Obligor's Name. Social Security Number. Case Number and "Palm Beach
County".
5. Service of this Order on the Payor by the FLORIDA DEPARTMENT OF REVENUE, CIDLD
SUPPORT ENFORCEMENT, shall be prima facie evidence that entry of the Order is proper and/or that a delinquency
of one month's support exists. Payments pursuant to this Order shall continue until further Order of Court and/or notice
from DOR.
of
DONE AND ORDERED at West Palm Beach, Palm Beach County, Florida this DATED
SIGNED ana
, .2- 0 () t.../.
day
JUN - 9 2004
_pies:
Attorney
DOR
Obligor
JUDGB BDW ARD A. GARRISON
CIRCUIT COURT JUDGE
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VI.: (10NS Nt AGENDA:
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~~I~pproya~ pfF d~ng up to $20,'00
"'" '. I .. ,
fJ;~~ ~he ReSid~ntia I$provement drant
1:1i t ;; '! i
Ii'! : j . . . ' . :
,lrr~gralt1: (lIbnd I 0~-58300-474) io
I!. ., I . ,; 'I :
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:,'11 Sharon Da ris~w for the
L;:+ .J , I
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P~~~erty L()c~ted t $09 NW 11th ~ve
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~~Y~T8~!CRA
East Side-West S'lde-Seas'lde Rena'lssance
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: September11,2007
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
Sharon Darrisaw.
SUMMARY: The Residential Improvement Grant Program was implemented in January 2007 as
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 three grants at their
regular meeting held on July 10, 2007 and two additional grants at their August 14, 2007 meeting.
The CRA has received an application request from Ms. Sharon Darrisaw to assist her with hurricane
shutters, irrigation system, landscaping, and exterior painting for her home located at 509 NW 11 th
Avenue. It has been determined that Ms. Darisaw'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 Sharon Darrisaw located at 509 NW 11 th Avenue.
~~~
Michael Simon
Development Manager
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 09 11 CRA Baord Meeting - September\Resid Imprv Grant- Sharon Darrisaw.doc
Boynton Beach Residential Improvement Grant Program
Residential Improvement Grant Program
Applicant:
Sharon Darrisaw
509 NW 11 th Avenue
Boynton Beach, FL 33435
Household Analysis:
Sharon Darrisaw
41 years of age, DOB: 1/17/66
Shanta McNair, Daughter
15 years of age, DOB: 7/03/92
Robert McNair, Jr., Son
13 years of age, DOB: 11/26/93
Precious McNair, Daughter
II years of age, DOB: 7/02/96
Household Income Analysis:
Sharon Darrisaw: Social Security Benefits
$807.00/month -
$9,684.00
Robert McNair, Jr. Social Security Benefits
$530.67/month -
$6368.04
$16,052.00 estimated yearly income
Conclusion: September 6, 2007
Based on the income and household information provided by Sharon Darrisaw, the estimated
yearly household income of$16,052.00 for a family of four places them below 50% of area
median income and qualifies her for assistance under the CRA' s program.
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-085
TO:
Chair and Members
Community Redev~l~p~~ Agency Board
Michael W. Rumpf ~
Planning and Zoning Director
Kathleen Zeitler t'l---
Planner
THRU:
FROM:
DATE:
September 4, 2007
Abandonment of a segment of SE 4th Avenue
(adjacent to 416-417 SE 4th Avenue)
ABAN 07-004
SUBJECT:
NATURE OF REOUEST
Mr. JeffTomberg, agent for 4th Street LLC, is requesting to abandon a portion of an improved 20-foot right-of-way
(SE 4th Avenue), located between SE 4th Street and Railroad Avenue. The applicant has assembled several parcels
"., the area and is considering future development of a residential project. The portion of right-of-way to be
jbandoned is situated adjacent to two (2) parcels of land located on the west half of SE 4th Avenue, east of Railroad
Avenue. The platted right-of-way subject to this specific request is 20 feet wide and approximately 122 feet long.
It is described as follows:
That portion of SE 4th Avenue being described as bounded on the south by the north line of Lot 6 and 7;
bounded on the north by the south line of Lot 4 and 5; bounded on the east by the east line of Lots 4 and 7
(extended); bounded on the west by the east right of way line of Railroad Avenue, all as shown by the Plat of
Sunset Court; as recorded in Plat Book 11, Page 29, of the Public Records of Palm Beach County, Florida; said
described property consisting of approximately 2,448 square feet or 0.06 acre.
The subject portion of the 20 foot wide right-of-way was originally platted as Sunset Way and lies within the
boundaries of the Sunset Court Plat. The approved plat was recorded in Plat Book 11, Page 29 on February 25,
1925. The plat contains a reversionary clause in the dedication, which states "does hereby dedicate to the
perpetual use of the public as public highways, the streets, avenues, boulevards, and alleys as shown hereon,
reserving however unto itself, its successors and legal representative, the reversions or reversion of same,
whenever abandoned by the public or discontinued by law". The City makes no representation regarding the
impact of the reversionary language on title to the adjacent properties.
Re-development or expansion of the adjacent property following abandonment requires the property owner to
establish proof of clear title as a condition of re-development or expansion. The applicants have submitted a copy
of a title opinion (ownership and encumbrance report) for the subject property stating that the property adjacent to
the portion of SE 4th Avenue to be abandoned is owned by the applicant and that the properties are currently free
'nd clear, and such abandonment of the property under public domain will not prevent other property owners from
.ccess to and from their property, and no other property owners will be adversely affected by the abandonment.
Attached as Exhibit "A" is a location map that shows the general vicinity of the right-of-way to be abandoned, and
Exhibit "B", the legal description of the area to be abandoned. The following is a description of the land uses and
zoning districts of all properties that surround the SE 4th Avenue right-of-way:
Page 2
Memorandum No. PZ 07-085
\BAN 07-004
North -
417 SE 4th Avenue (combined Lots 4 and 5, Sunset Court) consisting of a vacant commercial
parcel zoned Community Commercial (C-3);
416 SE 4th Avenue (combined Lots 6 and 7, Sunset Court) consisting of an occupied single-
family residence zoned Community Commercial (C-3);
The eastern one-half of SE 4th Avenue right-of-way, and adjacent occupied single-family
residences (419 and 421 SE 4th Avenue) zoned Community Commercial (C-3); and,
South -
East
West -
Right-of-way (unimproved) for Railroad Avenue, and farther west the Florida East Coast
Railroad right-of-way.
BACKGROUND
The subject abandonment request is for the western segment of the 20-foot improved SE 4th Avenue right-of-way
that extends a distance of approximately 122 feet in the area between Railroad Avenue and SE 4th Street. The
applicant is also requesting simultaneous abandonment of a segment of Railroad Avenue (see staff report for ABAN
07-005). Other nearby portions of Railroad Avenue were previously abandoned in October of 1994 (Resolution 94-
171) and July of 2005, (Ordinance 05-030).
ANALYSIS
Nhen a right-of-way, such as SE 4th Avenue, is abandoned, the ownership of the abandoned land is transferred
from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would be affected
by an abandonment request. One-half of the right-of-way is conveyed to one (1) abutting property owner and the
other half is conveyed to the other abutting property owner. The applicant requesting this abandonment is the
owner of all of the affected properties to the north and south of the segment to be abandoned. Adequate public
notice was given to all affected property owners in accordance with Chapter 22, Article III, Section 4 of the Land
Development Regulations. All public utility companies have been notified and the abandonment request has been
advertised in the local newspaper.
A summary of the responses from the utility companies and city staff is noted as follows:
CITY DEPARTMENTS/DIVISIONS
Engineering
Public Works / Utilities
Planning and Zoning
Approval with conditions (see Exhibit "c" - Conditions of Approval)
No objection
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
BellSouth
Florida Public Utilities Co.
Cable (Adelphia/Comcast)
No objection
Approval with conditions (see Exhibit "c" - Conditions of Approval)
No objection
No objection
Excluding BellSouth, all public utility providers have indicated that they have no objection to the applicant's request
for abandonment. Both the Engineering Division and Bellsouth are requiring conditions of approval which must be
satisfied prior to future development of the applicant's property. Both the Engineering Division and Bellsouth would
Page 3
Memorandum No. PZ 07-085
ABAN 07-004
have no objection to the proposed abandonment upon compliance with their specific conditions of approval which
include relocation, at the applicant's expense, of existing utilities currently located within the right-of-way to be
abandoned, and the establishment of a 10 foot utility easement for Bellsouth.
It must be noted that city utility lines are currently located within the segment of the subject right-of-way to be
abandoned. Therefore, Engineering Division comments require that the existing utilities within the right-of-way be
relocated subject to approval by the Utilities Department and at the applicant's expense. Existing utilities in the
eastern segment of SE 4th Avenue will remain in place to serve adjacent properties. Lastly, the subject right-of-way
terminates to the west of developed property preventing future extension of this right-of-way. There are also no
isolated parcels adjacent to the subject right-of-way which would rely solely upon this street for access.
RECOMMENDATION
Staff has determined that the western segment of SE 4th Avenue right-of-way to be abandoned would no longer
serve a public purpose under the current plan for land assemblage and alternative access to the adjacent parcels.
The proposed abandonment would not adversely affect any neighboring properties along SE 4th Avenue regarding
continuation of their utility services and access to their property. Therefore, based on the above findings, staff is
recommending approval of the request to abandon the portion of the 20-foot improved roadway as described
above, subject to the comments included in Exhibit "C" - Conditions of Approval. Any additional conditions
recommended by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit "c" _
Conditions of Approval.
S:\Planning\SHARED\WP\PROJECfS\SE 4th Avenue ABAN\ABAN 07-004 SE 4th Ave\Staff Report.doc
Exhibit "A" - Location Map
ABAN 07-004, ABAN 07-005
R1 A - Singlc~-family
I Residential
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SE 3RD AVENUE
,m,_, .'..'.m.~
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EXHIBIT "B"
BOUNDARY SURVEYS
MORTGAGE SURVEYS
CONSTRUCTION LAYOUT
219 S.E. 23rd AVENUE .' P.O. BOX 759 - BOYNTON BEACH, FLORIDA 33435
BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734~7546
PORTION OF RAILROAD A VENUE
AND S.E. 4 TH. A VENUE
TO BE ABANDONED
A PORTION OF RAILROAD AVENUE, AS RECORDED BY PENCE SUBDIVISION NO.1, IN PLAT BOOK 33, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF S.E. 4 TH. AVENUE, AS RECORDED
BY THE PLAT SUNSET COURT, IN PLAT BOOK 11, PAGE 33, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
SAID LANDS TO BE ABANDONED ARE DESCRIBED AS FOLLOWS;
THA T PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF
LOT 6, BLOCK "B", (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 3, BLOCK "B",
(EXTENDED WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 3,4, 5, AND 6, BLOCK "B",
BOUNDED ON THE WEST BY THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF
WAY, ALL AS SHOWN BY THE PLAT OF PENCE SUBDIVISION NO.1; AS RECORDED IN PLAT BOOK 1 , PAGE 33, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
AND
THAT PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF
LOT 6, (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 5, (EXTENDED
WESTERL Y); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 5, AND 6, BOUNDED ON THE WEST BY THE
EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY, ALL AS SHOWN BY THE
PLAT OF SUNSET COURT; AS RECORDED IN PLAT BOOK 11, PAGE 29, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
AND
THAT PORTION OF S.E. 4 TH. AVENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE NORTH LINE OF
LOT 6 AND 7; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOT 4 AND 5; BOUNDED ON THE EAST BY THE
EAST LINE OF LOTS 4, AND 7, (EXTENDED); BOUNDED ON THE WEST BY THE EAST RIGHT OF ,WAY LINE OF
RAILROAD A VENUE, ALL AS SHOWN BY THE PLAT OF SUNSET COURT; AS RECORDED IN PLAT BOOK 11, PAGE
29, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
lHEREBY CERTIFY THAT THE DESCRIPTION AND THE A'ITACHED SKETCH OF DESCRIPTION WERE PREPARED IN
ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G176, FLORIDAAQMINIS'fRA.TIVE CODE, SET'FORTH;
BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS; PURSUANT TO SECTION 472.027, FLORIDA: .
STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELlEF, UNLESS IT BEARS THE i
SIGNATURE AND THE ORIG~AL RAISED SEAL OF A FLORIDA LIC~SED SURVEYOR AND MAPPER, TInS DRAWING,
SKETCH, P AT OR MAP IS FOR INFORMATION PURPOSES O~ Y AND IS NOT VALID .
'U
5, eel- /0;:' Z
LB 2102 .
Joe Tucker
. NOTE: rnrs IS NOT A SKETCE OF SURVEY, BUT ONLY A GRAPHIC DEPICTIONS
OF JHE DESCRIPTION SHOWN HEREON, 1BERE HAS BEEN NO FIELD WORK
VIEWING OF lliE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION. ,
WITH lliE PREPARATION OF THLS INFORMATION SHOWN HEREON.
NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THE SURVEYOR
FORRIGRTS OF WAYS, EASEMENTS OR RESERVATIONS OF RECORD
Phone:
'''Boca (561) 391-4388
Boynton (561) 737-6546
FAX (561) 734.7546
JOSEPH M. TUCKER, P.L.S.
219 S.E. 23n1 Ave.. P.O. Box 759 '
Boynton Beach, FL 33435 '
EXHIBIT "e"
Conditions of Approval
Project Name: Abandonment of a segment of the 20-foot right-of-way of SE 4th A venue
File Number: ABAN 07-004
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments:
1. All existing city utilities (water and wastewater conduits) must be relocated
if it is the intent to continue their functional purposes in S.E. 4th Avenue, or
abandoned (and agreed to by the Utilities Department).
2. All utility services within this project shall be relocated at the applicant's
cost. This is reflected in the projected right-of-way for conceptual S.E. 3rd
A venue which has electrical service.
3. The abandonment of this 20-foot street right-of-way (S.E. 4th Avenue) shall
be so designated on a required new boundary plat prior to the issuance of a
Land Development permit for future development of the property.
4. As required after site plan approval, the proposed new development shall
generate and submit a boundary record plat (as a minimum) to reflect the
area contained therein, the easements for utilities and storm drainage
systems, the abandonment(s) of right-of-ways (after action by the City
Commission via ordinances), L.A.E. 's, access location(s), etc.
BUILDING DIVISION
Comments: None
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments: None
PUBLIC UTILITY PROVIDERS
Comments:
5. There shall be two (2) four-inch (4") Schedule-40 PVC conduits required to
be installed along the northernmost ten-feet (10') of the current right-of-way
of Southeast 4th Avenue, between Southeast 4th Street and westerly to the
Florida East Coast Railroad right-of-way,
6. The above-mentioned ten-feet (10') shall be recorded and delivered to
Bellsouth Telecommunications, Inc. as a utility easement.
7. Should there be any relocation or adjustments of Bellsouth's facilities
associated with this project, those costs would be the responsibility of the
property owner.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Plannlng\SHARED\WP\PROJECTS\SE 4TH Street & RR ABAN\ABAN 07.004 SE 411I Ave\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
SE 4th Avenue Abandonment (ABAN 07-004)
Mr. Jeff Tomberg for 4th Street LLC
626 SE 4th Street, Boynton Beach, FL 33435
APPLICANT'S AGENT:
AGENT'S ADDRESS:
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 16, 2007
TYPE OF RELIEF SOUGHT: Request to abandon a segment of the 20-foot right-of-way of SE 4th
Avenue
LOCATION OF PROPERTY: West of Railroad Avenue and East of SE 4th Street
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "c" with notation "Included",
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other:
DATED:
City Clerk
S:\Planning\SHAREDlWP\PROJECTS\SE 4th Street & RR ABAN\ABAN 07-045 SE 4th Ave\DO.doc
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 07-084
TO:
Chair and Members
Community Redevelopment Agency Board
Michael W. Rump~N?
Planning and Zoning Director
THRU:
FROM:
Kathleen Zeitler /(Z.
Planner
DATE:
September 4, 2007
SUBJECT:
Abandonment of a segment of the 30-foot right-of-way of Railroad Avenue
(adjacent to 399 - 417 SE 4th Street)
ABAN 07-005
NATURE OF REOUEST
Mr. Jeff Tomberg, agent for 4th Street LLC, is requesting to abandon a portion of Railroad Avenue, an unimproved
30-foot right-of-way, located between SE 2nd Avenue and SE 4th Avenue. The applicant has assembled several
iarcels in the area and is considering future development of a residential project. This unimproved right-of-way is
Jituated adjacent to six (6) parcels of land to the east (all owned by 4th Street LLC) and the Florida East Coast (FEC)
Railroad to the west. The platted right-of-way subject to this specific request is 30 feet wide and approximately
483.46 feet long. It is described as follows:
That portion of Railroad Avenue being described as bounded on the south by the south line of Lot 6, Block "B"
(extended westerly); bounded on the north by the north line of Lot 3, Block "B" (extended westerly); bounded
on the east by the west line of Lots 3, 4, 5, and 6, Block "B"; bounded on the west by the east right-of-way line
of the Florida East Coast Railroad right-of-way, all as shown by the Plat on Pence Subdivision No.1; as
recorded in Plat Book 1, Page 33, of the Public Records of Palm Beach County, Florida.
And
That portion of Railroad Avenue being described as bounded on the south by the south line of Lot 6 (extended
westerly); bounded on the north by the north line of Lot 5 (extended westerly); bounded on the east by the
west line of Lots 5 and 6; bounded on the west by the east right-of-way line of the Florida East Coast Railroad
right-of-way, all as shown by the Plat of Sunset Court; as recorded in Plat Book 11, Page 29, of the Public
Records of Palm Beach County, Florida; said described property consisting of approximately 14,503 square feet
or 0.33 acre.
The subject portion of the 30-foot wide right-of-way was platted as Railroad Avenue and lies within the boundaries
of the Pence Subdivision NO.1 Plat. The approved plat was recorded in Plat Book 1, Page 33 on March 25, 1910.
Typically a reversionary clause in the dedication of the plat dedicates to the perpetual use of the public the public
1ighways, streets, avenues, boulevards, and alleys shown on the plat, and reserves unto itself, its successors and
2gal representative, the reversions or reversion of same, whenever abandoned by the public or discontinued by
law. The City makes no representation regarding the impact of the reversionary language on title to the adjacent
properties.
Page 2
Memorandum No. PZ 07-084
\BAN 07-005
Re-development or expansion of the adjacent property following abandonment requires the property owner to
establish proof of clear title as a condition of re-development or expansion. The applicants have submitted a copy
of a title opinion (ownership and encumbrance report) for the subject property stating that the property adjacent to
the portion of Railroad Avenue to be abandoned is owned by the applicant and that the properties are currently free
and clear, and such abandonment of the property under public domain will not prevent other property owners from
access to and from their property, and no other property owners will be adversely affected by the abandonment.
Exhibit "A" - Location Map shows the general vicinity of the right-of-way to be abandoned. The Exhibit "B"-
"Proposed Abandonment" shows the exact location of the subject site and its legal description. The following is Cl
description of the land uses and zoning districts of all properties that surround the subject right-of-way.
North -
Unimproved Right-of-way for Railroad Avenue; and to the Northeast 301 SE 4th Street,
zoned Community Commercial (C-3);
South -
Unimproved Right-of-way for Railroad Avenue; and to the southeast a vacant parcel at
513 SE 4th Street, zoned Community Commercial (C-3);
Several parcels (399-416 SE 4th Street), including vacant commercial and multi-f~milY';
residential uses, zoned Community Commercial (C-3); and Right-of-way for SE 4th Avenue;,
and, ..
East
West -
Right-of-way for the FEC Railroad, then farther west are single-family residences zoned. ,
R-1A (Single-family Residential).
BACKGROUND
The subject abandonment request is for a segment of the 30-foot unimproved Railroad Avenue right-of-way that
extends a distance of approximately 484 feet in the area of SE 4th Avenue. That segment of Railroad Avenue,
located immediately south of the subject right-of-way, was previously abandoned to the properties to the east (513
and 515 SE 4th Street) in October of 1994, by Resolution 94-171. In addition, a segment of unimproved Railroad
Avenue right-of-way running south to SE 5th Avenue was abandoned to the property to the east (415 SE 5th Avenue)
in July of 2005, by Ordinance 05-030.
ANALYSIS
When a right-of-way, such as this unimproved roadway, is abandoned, the ownership of the abandoned land is
transferred from the City of Boynton Beach to the abutting property owner(s). Typically, abandoned property is
divided in half, with fifty percent (50%) of the property transferred to the owner of each adjacent real property.
The applicant requesting this abandonment is the owner of all of the affected properties to the east and the FEC
Railway right-of-way lies immediately to the west of the property to be abandoned. Per the Palm Beach County
Property Appraiser's Mapping & GIS Department, a right-of-way is not considered to be real property to which a
portion of abandoned property can be transferred. In addition, property to be abandoned, when located in a
platted subdivision, must remain within the boundaries of the plat. The subject Railroad Avenue is part of the plat;
however, the FEC Railway right-of-way pre-dates the plat, and is included on the plat only as an existing right-of-
way adjacent to the boundaries of the plat. Therefore, the entire width (30 feet) of the abandoned property would
Je transferred to the applicant in accordance with standard procedures conducted by the County's Property
Appraiser's office. Adequate public notice was given to all affected property owners in accordance with Chapter 22,
Article III, Section 4 of the Land Development Regulations. All public utility companies have been notified and the
abandonment request has been advertised in the local newspaper.
j I
..........m..;...~..:.....:.......,....._...:...~....4
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SE 3RD AVENUE
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Exhibit "A" - Location Map
ABAN 07-004, ABAN 07-005
40 20 0
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Joseph M. Tucker. P.LS.
.EXHIBIT "B"
BOUNDARY SURVEYS
MORTGAGE SURVEYS
CONSTRUCTION LAYOUT
219 S.E. 23rd AVENUE .'P.O. BOX 759 - BOYNTON BEACH, FLORIDA 33435
BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734~7546
PORTION OF RAILROAD A VENUE
AND S.E. 4 TH. A VENUE
TO BE ABANDONED
A PORTION OF RAILROAD A VENUE, AS RECORDED BY PENCE SUBDIVISION NO. I, IN PLAT BOOK 33, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF S.E. 4 TH. A VENUE, AS RECORDED
BY THE PLAT SUNSET COURT, IN PLAT BOOK I I, PAGE 33, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
SAID LANDS TO BE ABANDONED ARE DESCRIBED AS FOLLOWS;
TRA T PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF
LOT 6, BLOCK "B", (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OFLOT 3, BLOCK "B",
(EXTENDED WESTERLY); BOllNDED ON THE EAST BY THE WEST LINE OF LOTS 3, 4, 5, AND 6, BLOCK "B",
BOUNDED ON THE WEST BY THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF
WAY, ALL AS SHOWN BY THE PLAT OF PENCE SUBDIVISION NO. I; AS RECORDED IN PLAT BOOK 1 , PAGE 33, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
AND
TRA T PORTION OF RAILROAD A VENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE SOUTH LINE OF
LOT 6, (EXTENDED WESTERLY); BOUNDED ON THE NORTH BY THE NORTH LINE OF LOT 5, (EXTENDED
WESTERLY); BOUNDED ON THE EAST BY THE WEST LINE OF LOTS 5, AND 6, BOUNDED ON THE WEST BY THE
EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY, ALL AS SHOWN BY THE
PLAT OF SUNSET COURT; AS RECORDED IN PLAT BOOK 11, PAGE 29, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
AND
THAT PORTION OF S.E. 4 TH. AVENUE BEING DESCRIBED AS BOUNDED ON THE SOUTH BY THE NORTH LINE OF
LOT 6 AND 7; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOT 4 AND 5; BOUNDED ON THE EAST BY THE
EAST LINE OF LOTS 4, AND 7, (EXTENDED); BOUNDED ON THE WEST BY THE EAST RIGHT OF ,W A'y LINE OF
RAILROAD A VENUE, ALL AS SHOWN BY THE PLAT OF SUNSET COURT; AS RECORDED IN PLA TBOOK 11, PAGE
29, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
I. HEREBY CERTIFY THAT THE DESCRIPTION AND THE AlTACHED SKETCH OF DESCRIPTION WERE PREPARED IN .
ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G176, FLORIDAAQMINISTRATIVE CODE, SETFORTH i
BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANt TO SECTION 472;027, FLORIDA: ~
STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE:
SIGNATURE AND THE ORIGIlfML RAISED SEAL OF A FLORIDA LIC~NSED SURVEYOR AND MAPPER, TIllS DRAWING,
SKETCH, P ,AT OR MAP IS FOR INFORMATION PURPOSES O~ Y AN1) IS NOT VALID
'U
:5. ~el / of' Z
LB 2102 .
Joe Tucker
. N01E: rnrs IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTIONS
OF THE DESCRIPTION SHOWN HEREON, TIIERE HAS BEEN NO FJELD WORK
VIEWING OF THE SUBJECT PROPERTY, OR MON1.J1.1ENTS SET IN CONNECTION, .
WITH TIlE PREPARATION OF THIS lNFORMATION SHOWN HEREON.
N01E: LANDS SHOWN HE..1lliON WERE NOT ABS1RACTED BY TIlE SURVEYOR
FOR RIGHTS OF WAYS, EASEMENTS OR RESERVATIONS OF RECORD
Phone:
.-Boca (561) 391-4388
Boynton (561) 737-6546
FAX (561) 734-7546
JOSEPH M. TUCKER. P.LS.
219 S.E. 23ltl Ave.. P.O. Box 759
Boynton Beach, FL 33435
EXHIBIT "C"
Conditions of Approval
Project Name: Abandonment ofa segment of the 30-foot right-of-way of Railroad Avenue
File Number: ABAN 07-005
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments:
1. The abandonment of this 30-foot unimproved right-of-way (Railroad
Avenue) shall be so designated on a required new boundary plat prior to the
issuance of a Land Development permit for future development of the
property.
2. As required after site plan approval, the proposed new development shall
generate and submit a boundary record plat (as a minimum) to reflect the
area contained therein, the easements for utilities and storm drainage
systems, the abandonment(s) of right-of-ways (after action by the City
Commission via ordinances), L.A.E.'s, access location(s), etc.
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
PLANNING AND ZONING
Comments: None
PUBLIC UTILITY PROVIDERS
Comments:
3. Should there be any relocation or adjustments of Bellsouth's facilities
associated with this project, those costs would be the responsibility of the
property owner.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:IPlanningISHAREDIWP\PROJECTSISE 4'" Street & RR ABANIABAN 07-005 RR AveICOA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Railroad Avenue Abandonment (ABAN 07-005)
Mr. Jeff Tomberg for 4th Street LLC
626 SE 4th Street, Boynton Beach, FL 33435
APPLICANT'S AGENT:
AGENT'S ADDRESS:
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 16, 2007
TYPE OF RELIEF SOUGHT: Request to abandon a segment of the 3D-foot right-of-way of Railroad
Avenue
LOCATION OF PROPERTY: West of SE 4th Street, between SE 2nd Avenue and SE 4th Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other:
DA TED:
City Clerk
S:\Planning\SHAREO\WP\PROJECTS\SE 4th Street & RR ABAN'ABAN 07-005 RR Ave\OO.doc
Page 3
Memorandum No. PZ 07-084
BAN 07-005
A summary of the responses from the utility companies and city staff is noted as follows:
CITY DEPARTMENTS/DIVISIONS
Engineering
Public Works / Utilities
Planning and Zoning
Approval with conditions (see Exhibit "c" - Conditions of Approval)
No objection
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
BellSouth
Florida Public Utilities Co.
Cable (Adelphia/Comcast)
No objection
Approval with conditions (see Exhibit "c" - Conditions of Approval)
No objection
No objection
Excluding BellSouth, all public utility providers have indicated that they have no objection to the applicant's request
for abandonment. Both the Engineering Division and Bellsouth are requiring conditions of approval which must be
-:atisfied prior to future development of the applicant's property. Both the Engineering Division and Bellsouth would
. lave no objection to the proposed abandonment upon compliance with their specific conditions of approval.
RECOMMENDATION
Staff has determined that the subject right-of-way no longer serves a public purpose, and therefore is
recommending approval of the request to abandon the 30-foot unimproved roadway as described above, subject to
the comments included in Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the
Community Redevelopment Agency Board or City Commission will be placed in Exhibit "c" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\SE 4th Avenue ABAN\ABAN 07-005 RR Ave\Staff Report.doc
i
I,
age
7 ~ 2008
.~!!/...
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_ East Side-West S',de-Seaside Renaissance
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: Septemberll,2007
I Consent Agenda I X I Old Business
New Business
Public Hearing
Other
SUBJECT: Approval of Boynton Harbor Marina Dockage Agreement and Rental Rates for
FY 2007-2008 (Tabled from August 14, 2007 Meeting)
SUMMARY: The CRA purchased the privately owned and operated Two George's Marina 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 privatization of area marinas and 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 previous 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 on the present slip rates, the rents average
$17.60, if staff uses the vessel's length/current income as a guide. While plans 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 finger piers, pilings, 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 among 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 and pump out stations.
T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\0709 11 CRA Baord Meeting - September\New Dock Agreement and Rates.doc
. \v I,.~.
"'."'''~..~, ,>
/;::;:. .~::
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East Side-West Side-Seaside Renaissance
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 CRA 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 IMPACT: None.
RECOMMENDA TIONS: Approval ofCRA Marina Dockage Agreement and Rental Rate of$14 per
vessel linear foot per month with a minimum slip rent of $450.00 per month for the FY 2007-2008.
L~~~
Michael Simon
Development Manager
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 09 11 CRA Baord Meeting - September\New Dock Agreement and Rates.doc
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Registration and
Folio No.
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
"BOYNTON HARBOR MARINA"
DOCKAGE AGREEMENT
Phone: (561) 737-3256
915 S. Federal Highway
Boynton Beach, FL 33435
Effective Date:
Expiration D~te: Seotember 30, 2008
(*if l~ft blank, the
expiratio~ date shall be
the next Septemb~r 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 I S NAME
BOAT NAME
Street
Make
Year
City
Registration No.
State
Zip
O.A. Length Beam Draft
*Length of vessel is overall including pulpits and dive platforms.
Power
Sail
Slip No.
Rate
Electricity: _____110 _____220 Phone: Yes_____
Phone No.
Alternate Phone No.
1. The term of thj,s Dockage Agreement (Agreement) shall be until the next
S~ptember 30, 20G8,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 hookups at each slip. Any
equipment necessary to provide the connection from the dock to the
vessel shall be the responsibility of the Owner.
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 liable 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 l~~se 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/her
vessel ~rQ.m the CRA's property and dockage facility. Any damage caused
by Owner I s vessel to the CRA I S property, dockage facilities, Owner's
vessel or bt~er vessels within 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 CRA 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 reqUir~ments for the kinds
of cleats, ropes, fenders and other measlfres that must be used on
vessels as a condition of the use of t~e dqckage f?icilities. In the
event the CRA establishes such minimum measures, it sha~l be the vessel
owner's obligation and liability to assure himself/herself 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'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 co~tained within the slip.
14. The Owner expressly acknowledges that the CRA assumes no responsibility
for the caretaking or security of the Owner'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, m~tntain 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's use of the CRA' s dockage
facilities or CRA property pursuant to this Dockage Agreement, as well
as from any and all acts of Owner, his guests, 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 regulat.ibns 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 snall be interpreted as if such invalid
agreements or covenants were riot contained herein.
Date: Owner Signature:
Print Name
BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY
Date:
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.
1. When a boat enters the basin, it immediately comes under the
jurisdiction of the CRA.
2. Only boats, in good condition, and under their own power, shall be
admitted to berthing areas.
3. Pets shall be leashed within the confines of theCRA property. Pets
permitted only if they do not disturb other lessees Ci.nd 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 pilges into
the basin or on the property of the eRA. In the event of any accidental
spills of oil, spirits, solvents, flammable liquids, fuel products or
other toxic substances or waste, the Owrier shall immediately notify the
CRA of the existence of such condition.
5. Sewage shall be disposed of qppropriately and in conformance wi th all
pertinent health codes and state statutes.
6. Noise shall be kept to a minimum .at all times. Patrons shall use
discretion in operating engines, generators, radios and television 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 orb6ats.
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
CRA. 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.
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East Side-West Side-Seas',de Rena',ssance
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: Septemberll,2007
Consent Agenda I X I Old Business
New Business
Public Hearing
Other
SUBJECT: Consideration of Purchasing Property Located at 402 NW 12th Avenue from Lennis and
Sharese Gillard in the amount of $1 70,000.
SUMMARY: At the last CRA board meeting, the Board voted to offer the Gillards appraised value
for their property rather than split the difference between their appraised value and the CRA appraised
value. The Gillards have agreed to sell the property for the CRA appraised valuation of $170,000.
Attached is a Purchase Agreement executed by the sellers,
FISCAL IMPACT: $170,000 plus closing costs estimated at $5,000. Budget Line Item 58300-200
RECOMMENDATIONS: CRA staff recommends entering into a Purchase Agreement with Mr.
and Mrs. Gillard for property located at 402 NW 12th Avenue in the amount of $170,000 to further the
goals of the Heart of Boynton Community Redevelopment Plan.
_~b
Vivian L. Brooks
Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 09 11 CRA Baord Meeting - September\Gillard Again! .doc
PURCHASE AGREEMENT
This Purchase Agreement (hereinafter "Agreement") is made and entered into as of the
Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of
the Florida Statutes (hereinafter "CRA") 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 SALE/PROPERTY. 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 Seventy Thousand Dollars ($170,000.00), payable in cash, by
wire transfer of United States Dollars at the Closing.
3. DEPOSIT.
3.1 Eamest Money Deposit. Within three (3) Business Days after the
Effective Date, Purchaser shall deliver to Goren, Cherof, Doody & Ezrol, P.A.("Escrow Agent")
a deposit in the amount of Seventeen Thousand Dollars ($17,000) (the "Deposit").
3.2 Application/Disbursement 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, if any, 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,
Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable
PURCHASE AGREEMENT
Page 2 of]2
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 September 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 October 15, 2007 (the "Closing"), unless extended by other provisions of this
Agreement or by written agreement, signed by both parties, extending the Closing.
6. TITLE TO BE CONVEYED. At Closing, SELLERS shall convey to CRA, by
Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined),
valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and
all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions
except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes
and special assessments for the year of Closing and subsequent years not yet due and payable;
(b) covenants, conditions, easements, dedications, rights-of-way and matters of record included
on the Title Commitment or shown on the Survey (defined in Section 7), to which CRA fails to
object, or which CRA agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof.
7. Investigation of the Property. CRA, and CRA's agents, employees, designees,
Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively,
"Agents") shall have thirty (30) calendar days from the Effective 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: (i) to the
extent practicable, shall repair and restore any damage caused to the Property by CRA's testing
and investigation; and (ii) release to SELLERS, at no cost, all reports and other work generated
as a result of the CRA's testing and investigation. CRA hereby agrees to indemnify and hold
SELLERS harmless from and against all claims, losses, expenses, demands and liabilities,
including, but not limited to, attorney's fees, for nonpayment for services rendered to CRA
(including, without limitation, any construction liens resulting therefrom) or for damage to
persons or property (subject to the limitation on practicability provided above) arising out of
CRA's investigation of the Property. However, CRA's indemnification obligations shall not
exceed its statutory limits as provided within Section 768.28, Florida Statutes, and CRA does not
2
PURCHASE AGREEMENT
Page 3 of 12
waive its sovereign immunity rights.
7.1 Seller's Documents: SELLERS shall deliver to CRA the following
documents and instruments within five (5) days of the Effective Date of this Agreement: copies
of any reports or studies (including environmental, engineering, surveys, soil borings and other
physical reports) in SELLERS possession or control with respect to the physical condition of the
Property, if any.
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, not to
include the filing of any law suit (hereinafter "Cure Period"). In the event that SELLERS is
unable to cure and remove, or cause to be cured and removed, the CRA Title Objections within
the Cure Period, to the satisfaction of CRA, then CRA, in CRA's sole and absolute discretion,
shall have the option of (i) extending the Cure Period and the Closing for one additional thirty
(30) day period, or (ii) accepting the Title to the Property as of the, time of Closing or (iii)
canceling and terminating this Agreement, in which case, the Deposit shall be returned to CRA
and the Parties shall have no further obligations or liability hereunder, except for those expressly
provided herein to survive termination of this Agreement.
Prior to the Closing, CRA shall have the right to cause the Title Company to issue
an updated Title Commitment ("Title Update") covering the Property. If any Title Update
contains any conditions which did not appear in the Title Commitment, and such items render
title unmarketable, CRA shall have the right to object to such new or different conditions in
writing prior to Closing. All rights and objections of the Parties with respect to objections
arising from the Title Update shall be the same as objections to items appearing in the Title
Commitment, subject to the provisions ofthis Section.
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 1/100th of an acre. If the Survey discloses encroachments on the Property or that
improvements located thereon encroach on setback lines, easements, lands of others or violate
any restrictions, covenants of this Agreement, or applicable governmental regulations, the same
shall constitute a title defect and shall be governed by the provisions of Section 7.3 concerning
title objections.
3
PURCHASE AGREEMENT
Page 4 of 12
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 (10) days to access the property and remove such real and
personal property as approved by the CRA in writing. This provision shall survive closing.
8.3 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.
9. CLOSING DOCUMENTS. The CRA shall prepare, or cause to be prepared, the
Closing Documents set forth in this Section, except for documents prepared by the Title
Company. At Closing, SELLERS shall execute and deliver, or cause to be executed and
delivered, to CRA the following documents and instruments:
9.1. Deed. A Warranty Deed (the "Deed") conveying to CRA valid, good,
marketable 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
with respect to the Property. In the event SELLERS is unable to deliver its affidavits referenced
above, the same shall be deemed an uncured title objection.
9.3. Closing Statement. A closing statement setting forth the Purchase Price,
the Deposit, all credits, adjustments and prorations between CRA and 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 reasQnably request that SELLERS execute and deliver, and any other documents
required by this Agreement or reasonably necessary in order to close this transaction and
4
PURCHASE AGREEMENT
Page 5 of 12
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.
10.2. Special Assessment Liens. Certified, confirmed and ratified special
assessment liens imposed by public bodies as of Closing are to be paid by SELLERS. Pending
liens as of Closing shall be assumed by CRA. If the improvement has been substantially
completed as of the Effective Date, any pending lien shall be considered certified, confirmed or
ratified and SELLERS shall, at Closing, be charged an amount equal to the last estimate or
assessment for the improvement by the public body.
10.3. Closing Costs. 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, ifany, shall be paid by the SELLER.
10.4 Closing 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 Existing Mortgages and Other Liens. At Closing, SELLERS shall obtain,
or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments
applicable to and encumbering the Property.
11. REPRESENTATIONS, COVENANTS AND WARRANTIES.
11.1 Seller's Representations and Warranties. SELLERS hereby represents,
covenants and warrants to eRA, as of the Effective Date and as of the Closing Date, as follows:
11.2. Authority. The execution and delivery of this Agreement by 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.
5
PURCHASE AGREEMENT
Page 6 of ] 2
11.3. Title. SELLERS are and will be on the Closing Date, the owner of valid,
good and marketable fee simple title to the Property, free and clear of all liens, encumbrances
and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which
will be discharged at Closing).
12. DEFAULT.
12.1. Purchaser's Default. In the event that this transaction fails to close due to
a wrongful refusal to close or default on the part of CRA, subject to the provisions of Paragraph
12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow
Agent to SELLERS as agreed liquidated damages and, thereafter, neither CRA nor SELLERS
shall have any further obligation or liabilities under this Agreement, except for those expressly
provided to survive the termination of this Agreement; provided, however, that CRA shall also
be responsible for the removal of any liens asserted against the Property by persons claiming by,
through or under CRA, but not otherwise. CRA and SELLERS acknowledge that if CRA
defaults, SELLERS will suffer damages in an amount which cannot be ascertained with
reasonable certainty on the Effective Date and that the amount of the Deposit being held by
Escrow Agent most closely approximates the amount necessary to compensate SELLERS. CRA
and SELLERS agree that this is a bona fide liquidated damages provision and not a penalty or
forfeiture provision.
12.2. Seller's Default. In the event that SELLERS shall fail to fully and timely
perform any of its obligations or covenants hereunder or if any of SELLER'S representations are
untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement,
eRA may, at its option: (1) declare SELLER'S in default under this Agreement by notice
delivered to SELLERS, in which event CRA may terminate this Agreement and demand that the
Deposit be returned, including all interest thereon if any, in accordance with Section 3 and
neither Party shall have any further rights hereunder or (2) seek specific performance of this
Agreement, without waiving any action for damages.
12.3. Notice of Default. Prior to declaring a default and exercising the remedies
described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party
describing the event or condition of default in sufficient detail to enable a reasonable person to
determine the action necessary to cure the default. The defaulting Party shall have fifteen (15)
days from delivery of the notice during which to cure the default, provided, however, that as to a
failure to close, the cure period shall only be three (3) Business Days from the delivery of notice.
Both parties agree that if an extension is requested, such extension shall not be unreasonably
withheld. If the default has not been cured within the aforesaid period, the non-defaulting Party
may exercise the remedies described above.
12.4. Survival. The provisions of this Section 12 shall survive the termination
of this Agreement.
13. NOTICES. All notices required in this Agreement must be in writing and shall be
considered delivereo when received by certified mail, return receipt requested, or personal
delivery to the following addresses:
6
PURCHASE AGREEMENT
Page 7 of 12
If to Seller:
Lennis & Sharese Gillard
P. O. Box 6961
Delray Beach, FL 33482
If to Buyer:
Boynton Beach Community Redevelopment Agency
639 East Ocean Avenue, Suite 107
Boynton Beach, FL 33435
PH: 561/737-3256
FX: 561/737-3258
With a copy to:
James Cherof, Attorney
The City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
561-742-6053
14. BINDING OBLIGA TIONI 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 expenses (including, without limitation, attorney's fees) of any kind or
character arising out of or resulting from any agreement, arrangement or understanding alleged
to have been made by either Party or on its behalf with any broker or finder in connection with
this Agreement. The provisions of this Section shall survive Closing or termination of this
Agreement.
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
7
PURCHASE AGREEMENT
Page 8 of 12
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 that to the best of SELLERS knowledge without further
investigation and inquiry, the following, as applicable:
(1) SELLERS are not aware nor does it have any notice of any past,
present or future events, conditions, activities or practices which may give rise to any liability or
form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the
Property. SELLERS are not aware nor 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.
(2) 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.
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, if any.
16.3.2 Copies of all licenses, variances, waivers, permits (including but not
limited to all surface water management permits, wetland resource permits, consumptive use
permits and environmental resource permits), authorizations, and approvals required by law or
by any governmental or private authority having jurisdiction over the Property, or any portion
thereof (the "Governmental Approvals"), which are material to the use or operation of the
Property, if any.
8
PURCHASE AGREEMENT
Page 9 of 12
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.
17. MISCELLANEOUS.
17.1. General. This Agreement, and any amendment hereto, may be executed in
any number of counterparts, each of which shall be deemed to be an original and all of which
shall, together, constitute one and the same instrument. The section and paragraph headings
herein contained are for the purposes of identification only and shall not be considered in
construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire
Section, unless otherwise specified. No modification or amendment of this Agreement shall be
of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire
agreement between the Parties relating to the Property and all subject matter herein and
supersedes all prior and contemporaneous negotiations, understandings and agreements, written
or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of
the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising
out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County,
Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States
District Court for the Southern District Court of Florida.
17.2. Computation of Time. Any reference herein to time periods shall be in
calendar days except for time periods less than six (6) days, shall exclude Saturdays, Sundays
and legal holidays in the computation thereof. Any time period provided for in this Agreement
which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full
Business Day. Time is of the essence in the performance of all obligations under this
Agreement. Time periods commencing with the Effective Date shall not include the Effective
Date in the calculation thereof.
17.3. Waiver. Neither the failure of a party to insist upon a strict performance
of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance
of any item by a party with knowledge of a breach of this Agreement by the other party in the
performance of their respective obligations hereunder, shall be deemed a waiver of any rights or
remedies that a party may have or a waiver of any subsequent breach or default in any of such
terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination
of this Agreement and the Closing.
17.4. Construction of Agreement. The Parties to this Agreement, through
counsel, have participated freely in the negotiation and preparation hereof. Neither this
Agreement nor any amendment hereto shall be more strictly construed against any of the Parties.
As used in this Agreement, or any amendment hereto, the masculine shall include the feminine,
the singular shall include the plural, and the plural shall include the singular, as the context may
require. Provisions pf this Agreement that expressly provide that they survive the Closing shall
not merge into the Deed.
9
PURCHASE AGREEMENT
Page 10 of 12
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.
17.8. Attorneys Fees and Costs. Should it be necessary to bring an action to
enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including
those at the appellate level, shall be awarded to the prevailing party.
17.9 Binding Authority. Each party hereby represents and warrants to the other
that each person executing this Agreement on behalf of the CRA and SELLERS have full right
and lawful authority to execute this Agreement and to bind and obligate the party for whom or
on whose behalfhe or she is signing with respect to all provisions contained in this Agreement.
17.10 Recording. This Agreement may not be 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 for one (1) year.
17.12 SELLERS Attorneys' Fees and Costs. SELLERS acknowledge and agree
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.
10
PURCHASE AGREEMENT
Page I I of 12
date.
IN WITNESS 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
f?C(l/~~ G;a4~d
Print Name: Lennis L. Gi
~-
Witnesses:
. f.
~/.5J 1. ~Il!arl
Print Name: S~arese ~. G}IjrrdJ
..Jh()A.u:J,/ v{ sd AQaA-
Witnesses:
I:\Client Documents\Boynton Beach CRA \pf Russo\Misc\Purchase Agreement.doc
11
PURCHASE AGREEMENT
Page 1 of 12
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.
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2008
II~qY~T8~CRA
iii East Side-West Side-Seaside Renaissance
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: September 11,2007
AGENDA ITEM:
I I Consent Agenda
Old Business I x I
New Business
Public Hearing
Other
SUBJECT: Approval of eRA Budget for FY 2007 - 2008
SUMMARY: The attached CRA Budget for Fiscal Year 2007-2008 reflects input from the CRA
Board at the Budget Workshop on August 9th as well as staff revisions related to the workshop
discussions.
FISCAL IMPACT: See attached.
RECOMMENDATIONS: Approve the Budget for FY 2007/2008.
w{/~
Susan Harris
Finance Director
T:\AGENDAS. CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 09 11 CRA Baord Meeting - September\Budget FY 2007 -200B.doc
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
SALARY SCHEDULE and RELATED PERSONNEL EXPENSES
BUDGET WORKSHEET FOR THE FISCAL YEAR
OCTOBER 1, 2007 - SEPTEMBER 30, 2008
HEALTH &
CURRENT CAR FICA& 457(b) WORKERS
NAME POSITION SALARY ALLOW. MEDICARE & 401(a) COMP TOTAL
BRIGHT, LISA DIRECTOR $ 115,000 $ 4,030 $ 9,810 $ 13,786 $ 7,708 $ 159,534
BUCKLEY, ASHLEY ADMIN. SERVICES MGR. $ 48,000 $ 3,966 $ 5,754 $ 10,781 $ 72,341
ZITCER, PHYLLIS ADMIN. ASST. $ 35,700 $ 2,950 $ 4,280 $ 4,617 $ 50,403
'Co ,:h,i',l-3ii!i:i:tdi"':"fo.'. , ~'fi!!~:,'l:; <, , .
BROOKS, VIVIAN ASSISTANT DIRECTOR $ 94,000 $ 2,600 $ 7,965 $ 11,269 $ 7,521 $ 130,875
HARRIS, SUSAN INTERIM FINANCE DIR. $ 75,000 $ 6,197 $ 8,991 $ 7,387 $ 103,575
TO BE FILLED FINANCE ASSTIHR COOR. $ 55,000 $ 4,544 $ 6,593 $ 7,466 $ 78,003
. ~-,. , ';I.,''''
VACANT DIR. OF PLANNING $ 86,000 $ 6,579 $ 9,546 $ 7,493 $ 109,618
SIMON, MICHAEL DEVELOPMENT MGR. $ 70,000 $ 5,783 $ 8,392 $ 4,480 $ 94,255
VACANT ECONOMIC DEVL. DIR. $ 87,000 $ 6,656 $ 9,657 $ 7,664 $ 110,976
VACANT SMALL BUS. DEVL COOR. $ 55,000 $ 4,208 $ 6,105 $ 7,466 $ 72,778
'Y~,I~~''''~ '~"~'! f",!,r
ADELSPERGER, M. MKTING. & COMM. DIR. $ 60,000 $ 4,957 $ 7,193 $ 7,664 $ 84,614
WISER, ALINA MARKETING/ACCT. $ 32,000 $ 2,644 $ 3,836 $ 7,455 $ 48,495
"-;';::1 '.
BISCUITI, KATHY SPECIAL EVENTS MGR. $ 57,000 $ 4,709 $ 6,833 $ 7,576 $ 80,678
Current Staff + Finance Assistant
$ 641,700
Merit/Promotion Pool of 8%
$ 51,336
Total Current Staff + Finance Asst.
plus Merit/Promotion Pool
1 $ 693,036 I $ 6,630 1 $ 53,5241 $ 76,9271 $ 72,6551 $ 902,7731
SUMMARY OF GENERAL FUND REVENUES & EXPENSES
(1 ) (2) (3) (4) (5)
Amt. Change % Change
07/08 Proposed 07/08 Proposed
2006/07 2006/07 2007/2008 versus versus
Budget Estimated Proposed 06/07 Estimated 06/07 Estimated
General Fund Revenues
T.I.F. $ 9,000,000 $ 9,087,499 $ 9,500,000 $ 412,501 4.5%
Marina Rents & Fuel Sales $ 620,000 $ 950,000 $ 1 ,453,200 $ 503,200 53.0%
Trolley Marketing Income $ 10,000 $ 1,000 $ $ (1,000) -100.0%
Festival & Event Income $ 2,000 $ 17,000 $ 10,000 $ (7,000) -41 .2%
Contributions & Donations $ 1,000 $ 1,000 $ $ (1,000) -100.0%
Other Income $ 180,000 $ 446,000 $ 300,000 $ (146,000) -32.7%
Total Income $ 9,813,000 $ 10,502,499 $ 11 ,263,200 $ 760,701 7.2%
General Fund Expenses
CRA Board $ 48,800 $ 46,000 $ 57,400 $ 11 ,400 24.8%
Executive Director $ 233,216 $ 248,116 $ 264,046 $ 15,930 6.4%
Auditor $ 10,900 $ 23,580 $ 26,200 $ 2,620 11.1%
Finance $ 176,101 $ 178,650 $ 168,280 $ (10,370) -5.8%
Insurances $ 40,311 $ 61,340 $ 105,375 $ 44,035 71.8%
Professional Services $ 613,525 $ 560,000 $ 560,120 $ 120 0.0%
Planning $ 225,200 $ 221,113 $ 717,395 $ 496,282 224.4%
Buildings & Grounds $ 245,945 $ 325,000 $ 506,090 $ 181,090 55.7%
Marina $ 39,000 $ 820,000 $ 1,410,000 $ 590,000 72.0%
Central Communications $ 83,404 $ 84,464 $ 60,740 $ (23,724 ) -28.1%
Software & Technology $ 30,077 $ 30,500 $ 40,000 $ 9,500 31.1%
Contingency $ 500,000 $ 200,000 $ 274,000 $ 74,000 37.0%
Police $ 120,000 $ 15,000 $ 573,853 $ 558,853 3725.7%
Trolley $ 646,420 $ 649,920 $ 521,000 $ (128,920) -19.8%
Grants Programs $ 325,000 $ 125,000 $ 425,000 $ 300,000 240.0%
Marketing $ 264,800 $ 266,900 $ 292,905 $ 26,005 9.7%
Special Events $ 353,050 $ 358,188 $ 451,715 $ 93,527 26.1%
Signage $ 15,000 $ 17 ,500 $ 85,000 $ 67,500 385.7%
HOB $ 200,000 $ 100,000 $ $ (100,000) -100.0%
Development $ 2,400,295 $ 2,918,655 $ 1,453,114 $ (1,465,541 ) -50.2%
Benefits $ 152,183 $ 162,300 $ 204,979 $ 42,679 26.3%
Debt Service $ 3,089,773 $ 3,090,273 $ 3,065,988 $ (24,285) -0.8%
Total Expenses $ 9,813,000 $ 10,502,499 $ 11,263,200 $ 760,701 7.2%
GENERAL FUND REVENUES
GENERAL FUND REVENUES
CODE:
AMOUNT
T.I.F. 41000 $ 9,500,000
MARINA RENTS 42115 $ 125,000
PROPERTY RENTAL 42116 $ 7,200
MARINA FUEL SALES 42117 $ 1,320,000
MARINA MISC INCOME 42118 $ 1,000
FESTIVAL & EVENT INCOME 44100 $ 10,000
INTEREST ON INVESTMENTS 46100 $ 300,000
$ 11,263,200
GENERAL FUND EXPENSES -
BY DEPARTMENT
C.R.A. BOARD
200 CONTRACTUAL EXPENSES
203 MISCELLANEOUS
216 ADVERTISING & PUBLIC NOTICES
225 CONFERENCES, MEETINGS & SEMINARS
227 DELIVERY SERVICES
300 OFFICE EXPENSES
200 CONTRACTUAL EXPENSES
MINUTES FOR BOARD MEETINGS- CITY STAFF
225 I CONFERENCES, MEETINGS & SEMINARS
FRA CONFERENCE 5 @ 1,500
IDA CONFERENCE 5 @ $3,500
LOCAL CONFERENCES 5 @ 500
227 I MILEAGE & DELIVERY SERVICES
DELIVERY OF BOARD MATERIALS
300 I OFFICE EXPENSES
VARIOUS EXPENSES
CODE: 51010
$ 10,000
$ 13,000
$ 2,700
$ 27,500
$ 3,600
$ 600
$ 57,400
$ 10,000
$ 13,000
$ 2,700
$ 7,500
$ 17,500
$ 2,500
$ 27,500
$ 3,600
$ 600
C.R.A. DIRECTOR
CODE: 51230
100 PERSONNEL SERVICES $ 215,396
115 AUTO ALLOWANCE $ 4,030
203 MISCELLANEOUS $ 2,000
225 CONFERENCES, MEETINGS & SEMINARS $ 14,190
226 MEMBERSHIP DUES $ 5,030
227 DELIVERY SERVICES $ 3,000
229 CAREER DEVELOPMENT $ 2,500
310 OFFICE SUPPLIES $ 8,500
315 POSTAGE $ 2,000
355 SUBSCRIPTIONS $ 1,650
360 BOOK & PUBLICATIONS $ 750
400 EQUIPMENT COSTS I $ 5,000
AUDITOR CODE: 51320
202 AUDITOR I ~ 26,000.00
227 DELIVERY SERVICES 200.00
$ 26,200.00
I 202 I CONTRACTUAL EXPENSES I
ANNUAL AUDIT FEE FOR FY 07/08 $ 25,000.00
OUT OF POCKET EXPENSE $ 1,000.00
$ 26,000.00
FINANCE
CODE: 51325
100 PERSONNEL SERVICES $ 140,400
200 CONTRACTUAL EXPENSES $ 5,280
201 BANK FEES $ 3,600
225 CONFERENCES, MEETINGS & SEMINARS $ 8,000
226 MEMBERSHIP DUES $ 900
227 DELIVERY SERVICES $ 1,500
229 CAREER DEVELOPMENT $ 3,000
310 OFFICE SUPPLIES $ 4,500
360 BOOK & PUBLICATIONS $ 100
365 OFFICE PRINTING COSTS $ 1,000
$ 168,280
I 200 I CONTRACTUAL EXPENSES I
ADP charges for payroll processing $ 2,080
ADP charges for tax filing reports $ 200
Emergency Personnel Coverage $ 3,000
$ 5,280
I 201 BANK FEES 1$ 3,600
I 225 I CONFERENCES, MEETINGS & SEMINARS I
FRA CONFERENCE $ 1,500
FGFOA CONFERENCE $ 1,500
INCODE CONFERENCE $ 2,000
COUNCIL OF DEVL. FINANCE AGENCIES $ 1,500
GFOA CONFERENCE $ 1,500
$ 8,000
226 I MEMBERSHIP DUES I
FGFOA $ 150
SOCIETY HR PROFESSIONALS $ 175
CDFA $ 275
GFOA $ 300
$ 900
227 I MILEAGE & DELIVERY SERVICES 1$ 1,500
229 I CAREER DEVELOPMEN7 I
SOFTWARE TRAINING $ 3,000
TUITION FOR SCHOOLS
I 310 OFFICE SUPPLIES 1$ 4,500
I 360 BOOK & PUBLICA TIONS 1$ 100
I 365 I OFFICE PRINTING COSTS I
Budget Preparation Printing $ 500
Blank Check Stock $ 400
Budget Tab Preparation $ 100
$ 1,000
INSURANCES
CODE: 51410
$ 26,090
$ 70,050
$ 1,500
$ 7,735
$ 105,375
200 CONTRACTUAL EXPENSES
213 GENERAL PROPERTY COVERAGE
214 EMPLOYEE FIDELITY COVERAGE
215 OFFICIALS & EMPL Y. PRACTICES LIABILITY
200 CONTRACTUAL EXPENSES
Agency Fee $ 11,112
Computers & Software Policy $ 1,225
Marina Fuel Tank Coverage $ 1,500
Special Events & Concerts Policy $ 3,220
Contingency for additional property coverage $ 9,033
$ 26,090
213 I PROPERTY & LIABILITY COVERAGE I
Policy for Property $ 53,131
Inland Marina & Wi-Fi Coverage $ 1,965
Policy for General Liability (includes Marina) $ 14,954
$ 70,050
214 I EMPLOYEE FIDELITY COVERAGE 1$ 1,500
Money & Security Insurance - Crime and
Computer Fraud
215 I PUBLIC OFFICIALS LIABILITY & 1$ 7,735
EMPLOYMENT PRACTICES LIABILITY
PROFESSIONAL SERVICES
CODE: 51420
200 CONTRACTUAL SERVICES $ 110,000
201 LEGAL SERVICES $ 350,000
203 LOBBYING COSTS - STATE & FED. $ 90,000
204 CITY STAFF $ 10,120
$ 560,120
I
$ 100,000
I 200 I CONTRACTUAL EXPENSES
Professional Services such as HOB Consultants, Architects,
Guest Speakers, Treasure Coast Regional Planning Council
Arbitrage Rebate Consultants
T.I.F. Consultants
$ 5,000
$ 5,000
$ 110,000
I $ 350,000
I
$ 90,000
201 I LEGAL SERVICES
203 I LOBBYING COSTS - STATE & FED.
CRA Lobbyist in Tallahassee
204 I CITY STAFf
Fire Inspections, etc.
City HR ILA - Special Investigations @ $125/Hour
City HR ILA - Annual Pooling Charge (Stop Loss)
City HR 'LA - Benefits Admin. 10 Empl @ $10/mo.
City HR ILA - Consulting @ $500/mo.
City Training Classes @ $50/Employee
I
$ 500
$ 625
$ 1 ,295
$ 1 ,200
$ 6,000
$ 500
$ 10,120
PLANNING
CODE: 51440
100 PERSONNEL SERVICES $ 177,120
115 AUTO ALLOWANCE $ 2,600
200 . CONTRACTUAL EXPENSES $ 522,500
225 CONFERENCES, MEETINGS & SEMINARS $ 6,000
226 MEMBERSHIP DUES $ 1,225
227 DELIVERY SERVICES $ 2,000
310 OFFICE SUPPLIES $ 3,500
355 SUBSCRIPTIONS $ 150
360 BOOK & PUBLICATIONS $ 300
365 OFFICE PRINTING COSTS $ 2,000
$ 717,395
$ 180,000
$ 255,000
$ 22,500
$ 10,000
$ 50,000
$ 1,000
1$ 4,000
$ 522,500
225 I CONFERENCES, MEETINGS & SEMINARS I
FRA $ 1,500
IDA $ 3,500
Regional & Local Meetings $ 1,000
$ 6,000
226 I MEMBERSHIP DUES I
APA $ 475
NAIOP $ 500
ULI $ 250
$ 1,225
I 227 I MILEAGE & DELIVERY SERVICES 1$ 2,000
.1 310 I OFFICE SUPPLIES 1$ 3,500
I 355 I SUBSCRIPTIONS I
ULI $ 50
APA $ 50
AICP $ 50
$ 150
360 I BOOK & PUBLICA TlONS 1$ 300
365 I OFFICE PRINTING COSTS I
Site Plans $ 2,000
BUILDINGS & GROUNDS
CODE:
200 CONTRACTUAL EXPENSES $ 2,700
205 RENTAL OF OFFICES $ 50,760
206 MAINTENANCE & CLEANING OF OFFICES $ 8,280
207 OFFICE SPACE CHARGES $ 10,000
208 EQUIPMENT LEASES $ 16,000
209 PROPERTY MAINTENANCE COSTS $ 312,850
228 BUILDING & DEMOLITION FEES $ 87,500
325 ELECTRIC COSTS $ 10,000
326 WATER COSTS $ 8,000
51620
MARINA
200 CONTRACTUAL EXPENSES
209 PROPERTY MAINTENANCE COSTS
241 MARINA MANAGEMENT CONTRACT
242 FUEL STATION OVERHEAD
325 ELECTRIC COSTS
326 WATER CHARGES
327 GASOLINE & DEISEL CHARGES
328 DIESEL SALES TAX
400 EQUIPMENT COSTS
CODE: 51630
$ 775
$ 49,125
$ 125,000
$ 40,900
$ 20,000
$ 3,000
$ 1,140,000
$ 19,200
$ 12,000
$ 1,410,000
CENTRAL COMMUNICATIONS
CODE: 51650
200 CONTRACTUAL EXPENSES $ 1,500
330 TELEPHONE LINES $ 7,800
340 CELLULAR PHONES $ 7,440
350 WI-FI ANNUAL COST $ 44,000
SOFTWARE & TECHNOLOGY
200 CONTRACTUAL EXPENSES
210 CITY I T SUPPORT
211 COMPUTER SOFTWARE LICENSES
212 FINANCIAL SOFTWARE LIC.& SUPPORT
400 EQUIPMENT COSTS
CODE: 51680
$ 2,500
$ 25,000
$ 1,000
$ 6,500
$ 5,000
$ 40,000
CONTINGENCY ACCOUNT
CODE:
200 I CONTRACTUAL EXPENSES I $
Contingencies $ 274,000.00
$ 274,000.00
51990
POLICE
CODE: 53120
200 CONTRACTUAL EXPENSES $ 388,794
400 EQUIPMENT COSTS $ 45,445
410 POLICE VEHICLES $ 139,614
$ 573,853
CONTRACTUAL EXPENSES
Four olice officers and one Ser eant $ 388,794
including benefits
400 I EQUIPMENT COSTS I
Clothing, Vests, Radios, Computers, $ 45,445
Cell Phones, Miscellaneous Gear
410 I POLICE VEHICLES I
Three vehicles plus related equipment $ 130,830
Three patrol bikes plus related equipment $ 8,784
$ 139,614
TRANSPORTATION
230 TROLLEY OPERATIONS
231 TROLLEY MARKETING
232 TROLLEY SYSTEMS COSTS (One Time)
230 1 TROLL Y OPERATIONS I
MEMO: Contract for FY 2007/2008 = $560,300
Crosstown Trollev @$42,900/mo. $
Delete Beach Trollev @ $3,792/mo. $
CODE: 55110
$ 514,800
$ 1,200
$ 5,000
$ 521,000
514,800
(45,500)
231 I TROLL Y MARKETING I
Trolley Maps, Revenue Generating Collateral $ 1,200
232 I TROLL Y SYSTEMS COSTS (One Time) I
Hurricane Postings, Changes to Website $ 5,000
Route signs
GRANTS PROGRAM
CODE: 57200
236 PBC DEVELOPMENT REGIONS GRANT
237 RESIDENTIAL IMPROVEMENT PROGRAM
238 COMMERCIAL FACADE PROGRAM
240 DIRECT INCENTIVE PROGRAM
$ 50,000
$ 300,000
$ 75,000
$
$ 425,000
236 I PBC DEVELOPMENT REGIONS GRANT I $ 50,000
237 I RESIDENTIAL IMPROVEMENT PROGRAM I
15 Grants @ $20,000 each $ 300,000
238 I COMMERCIAL FACADE PROGRAM I
5 Grants @ $15,000 each $ 75,000
240
DIRECT INCENTIVE PROGRAM
1$
MARKETING & COMMUNICATIONS
CODE: 57400
100 PERSONNEL SERVICES
200 CONTRACTUAL EXPENSES
216 ADVERTISING & PUBLIC NOTICES
217 NEWSLETTER
218 ANNUAL REPORTS & BROCHURES
219 FESTIVALS & EVENTS
225 CONFERENCES. MEETINGS & SEMINARS
226 MEMBERSHIP DUES
227 DELIVERY SERVICES
236 PHOTOGRAPHY & VIDEOS
310 OFFICE SUPPLIES
360 BOOK & PUBLICATIONS
365 OFFICE PRINTING COSTS
$ 82,080
$ 55,200
$ 46,695
$ 14,000
$ 48,000
$ 16,980
$ 9,500
$ 1,150
$ 1 ,400
$ 9,000
$ 3,500
$ 400
$ 5,000
$ 292,905
I
I 200 I CONTRACTUAL EXPENSES
AMBIT Account and PR Services
- Website MgtlMtn.
- Public Relations
- Trolley Marketing (street signs/maps/car signs)
- Account Services
- Contingency
(Note: Total Ambit Contract Est. = $163,895)
$ 1,800
$ 18,000
$ 5,000
$ 20,400
$ 10,000
$ 55,200
I 216 I ADVERTISING & PUBLIC NOTICES I
AMBIT - Ad Placement (FL Trend/ICSC/Chamber Visitor's, $
Urban Land, Business Florida
AMBIT - Advertising Creative (Concept design, layout, etc.) $
$
36,695
10,000
46,695
I 217 I NEWSLETTER I
H.O.B. HeartBeat (Winter and Summer issues) $
14,000
I 218 I ANNUAL REPORT & MISC. COLLA TERAL I
Annual Report - January 2008 $
Misc. brochures, event flyers, invitations, signs $
$
219 I FESTIVALS & EVENTS I
Holiday Decoration RFP (CRA portion of City RFP) $
20,000
28,000
48,000
16,980
225 I CONFERENCES, MEETINGS & SEMINARS I
- Governors Conf. on Tourism (Visit FL) $ 1,500
- PRSA Conferences $ 3,500
- FRA: Florida Redevelopment Association $ 1,500
- Downtowns & Small Towns $ 1,500
- Regional & Local Meetings $ 1,500
TOTAL $ 9,500
226 I MEMBERSHIP DUES I
Visit Florida $ 750
Public Relations Society of America $ 300
Florida Festival and Events $ 100
$ 1,150
I 227 I MILEAGE, POSTAGE & DELIVERY SERVICES 1$ 1,400
I 236 I PHOTOGRAPHY & VIDEOS I
Virtual Tour for Website, Agency DVD $ 9,000
Misc. photography - headshots, events, file photos, etc.
I 310 OFFICE SUPPLIES 1$ 3,500
I 360 BOOK & PUBLICA TIONS 1$ 400
I 365 I OFFICE PRINTING COSTS I
Collateral: HAP, Workshops, Meetings, Stationery, $ 5,000
envelopes, newsletters, annual report & events
SPECIAL EVENTS
CODE: 57500
100 PERSONNEL SERVICES $ 78,840
219 FESTIVALS & EVENTS $ 352,000
225 CONFERENCES. MEETINGS & SEMINARS $ 9,500
226 MEMBERSHIP DUES $ 1,325
227 DELIVERY SERVICES $ 500
310 OFFICE SUPPLIES $ 3,500
355 SUBSCRIPTIONS $ 250
360 BOOK & PUBLICATIONS $ 300
365 OFFICE PRINTING COSTS $ 500
400 EQUIPMENT $ 5,000
$ 451,715
~~ FESTIVALS & EVENTS I
< ::r~ .-\:;m ~ . '" ";',,'. ';~.' ,t,:."
<""" ~"\tI,~.,il\l;;IP~H-,,.....~~""~"'i~-': ,~,,-"'"
Holiday Extravaganza
- Parade
- Tree Lighting
- Concert
~~-"""
----~!lI~~,,~~.,,";;.:~.
$ 150,000
$ 30,000
$ 1 0,000
$ 110,000
$ 95,000
$ 30,000
$ 65,000
$ 95,000
$ 50,000
$ 45,000
$ 12,000
Heritage Celebration
- Hester Center
- Ocean Avenue Concert
~.9j.l!l1i:l!'1l -"";:.D:il8lf~~~i'l.E~:':i'Ni;.'-';:
Salute to Independence - 4th of July
- Fireworks
- Concert
~~:iU:~l: """'........ -]!'ii~j;~~.J~,f';;~~
Oceanfront Concert Series
- January/March/April/May
TOTAL $ 352,000
225 I CONFERENCES, MEETINGS & SEMINARS
- Florida Festivals & Events (FFEA) $ 1,500
- Governors Conf. on Tourism (Visit FL) $ 1,500
- IDA: International Development Assoc. $ 3,500
- Downtowns & Small Towns $ 1,500
- Regional & Local Meetings $ 1,500
TOTAL $ 9,500
226 I MEMBERSHIP DUES
IDA $ 250
FRA $ 100
FFEE $ 275
Visit Florida $ 700
TOTAL $ 1,325
227 I MILEAGE & DELIVERY SERVICES 1$ 500
310 I OFFICE SUPPLIES 1$ 3,500
355 I SUBSCRIPTIONS 1$ 250
360 I BOOK & PUBLICA TIONS 1$ 300
365 I OFFICE PRINTING COSTS 1$ 500
400 I NEW EQUIPMENT I
- Tents $ 2,500
- Rope Lighting $ 2,500
TOTAL $ 5,000
SIGNAGE
224 SIGN CONSTRUCTION
224 I SIGN CONSTRUCTION
South & North Gateway Signs.
Property & Marina Signs
CODE: 58000
1$
85,000
1$
85,000
DEVELOPMENT PROJECTS CODE: 58300
200 CONTRACTUAL EXPENSES I $ 1,103,114
201 PROPERTY TAXES 1$ 350,000
$ 1,453,114
200 CONTRACTUAL EXPENSES
Old HS Parking - Grading/Landscape/Lighting $ 35,000
Marina Village Association Dues $ 46,000
Miscellaneous Development Projects - Land Assembly
$ 1,022,114
$ 1,103,114
201 I PROPERTY TAXES I
Marina Property Taxes - Estimated $ 350,000
EMPLOYEE BENEFITS
CODE:
151 FICA $ 43,379
152 MEDICARE $ 10,145
153 RETIREMENT PLANS 457(b) & 401lal $ 76,927
154 WORKERS COMPENSATION INSUR. $ 7,063
155 HEALTH INSURANCE $ 51,965
156 DENTAL INSURANCE $ 3,955
157 LIFE INSURANCE $ 2,580
158 SHORT TERM/LONG TERM DISABILITY $ 3,392
159 UNEMPLOYMENT CHARGES $ 5,000
160 VISION INSURANCE $ 573
$ 204,979
151 FICA $ 43,379
152 MEDICARE $ 10,145
153 RETIREMENT PLANS 457(bJ & 401(a) $ 76,927
154 WORKERS COMPENSA T/ON INSUR. $ 7,063
155 HEAL TH INSURANCE $ 51,965
156 DENTAL INSURANCE $ 3,955
157 LIFE INSURANCE $ 2,580
158 LONG TERM DISABILITY $ 3,392
159 UNEMPLOYMENT CHARGES $ 5,000
160 VISION INSURANCE $ 573
$ 204,979
59000
TRANSFERS TO DEBT SERVICE FUND
810 LOAN PRINCIPAL
820 LOAN INTEREST
811 BOND # 1 PRINCIPAL
821 BOND #1 INTEREST
812 BOND # 2 PRINCIPAL
822 BOND # 2 INTEREST
830 FINANCIAL AGENT FEES
810 LOAN PRINCIPAL
820 LOAN INTEREST
811 BOND #1 PRINCIPAL
821 BOND #1 INTEREST
812 BOND #2 PRINCIPAL
822 BOND #2 INTEREST
LOAN PRINCIPAL FOR MARINA PAD
LOAN INTEREST FOR MARINA PAD
830
FINANCIAL AGENT FEES
CODE:
$ 664,588
$ 192,953
$ 615,000
$ 771,613
$ 245,000
$ 576,335
$ 500
$ 3,065,988
$ 185,697
$ 119,141
$ 615,000
$ 771,613
$ 245,000
$ 576,335
$
$
478,891
73,812
I $ 500.00
$ 3,065,988
59800
East SideN West S.ldeNSeas.lde Renaissance
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
PROJECT FUND
PROJECT FUND SUMMARY
BOND 1
Proiect Fund Expenses FY2006/2007 FY2007/2008
02-58200-450 Land Assembly $ 1,977,494
02-58200-451 HOB Phase I Relocation Costs $ 2,700 $
02-58200-463 Marina Pad Purchase $ 1,129,689 $
$ 3,109,883 $
BOND 2
Proiect Fund Expenses
02-58300-450 HOB Phase I Land Assembly $ 8,700,946 $
02-58300-469 4th Avenue Design & Construction $ $ 1,800,000
02-58300-473 Affordable Access Program - HAP $ 208,201 $ 2,300,000
02-58300-474 HOB Residential Improvement Program $ 3,500 $ 430,000
$ 8,912,647 $ 4,530,000
Total Bond #1 & #2 Expenses $ 12,022,530 $ 4,530,000
Proiect Fund Revenues & Transfers
02-46100 Investment Income $ 86,000 $ 30,000
02-48100 Misc. Income-Ocean Breeze Sale $ $ 3,500,000
02-49100 Bond Proceeds $ 11,936,530 $ 1,000,000
Total Project Fund Revenue $ 12,022,530 $ 4,530,000
East Side~ West S.lde~Seas.lde Rena.lssance
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
SALARIES AND BENEFITS
BUSINE S:
All Cqnsiderati n otrWork rder ~_ with
i ' ,
Burklbar~t Const uet~on (Seae est Stvtetseape)
!
,
in the monnt of $ 4,800
30YNTON Ci~.'. ri~A.i~...
3~ A C -H.",> f~
East Side-West Side-Seaside Renaissance
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: September 11, 2007
I Consent Agenda I
Old Business I X I
New Business
Public Hearing
Other
SUBJECT: Consideration of Work Order #1 with Burkhardt Construction in the amount of$24,800 for the
Seacrest Streetscape project.
SUMMARY: At the August 2007 Board meeting, the Board approved Work Order #1 with Kimley-
Horn to engineer and design a streetscape plan for Seacrest Blvd. from Boynton Beach Blvd. north to the
C-16 canal. In order to insure that the design is cost efficient, staff is recommending that the agency
enter into Work Order # 1 with Burkhardt Construction under their continuing contract.
If approved, Burkhardt will review the plans at 30% and 60% of completion and recommend methods of
construction with the intent to make the project more cost efficient. Burkhardt will also prepare an
initial opinion of probable cost and a final construction cost budget for the Seacrest streetscape project.
FISCAL IMPACT: $24,800 from Budget Line Item 58300-200.
RECOMMENDATIONS: Approve Work Order #1 with Burkhardt Construction, Inc. in the
amount of $24,800.
v~~
Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 09 11 CRA Baord Meeting - September\Burkhardt WO #1.doc
BURKHARDT
CONSTRUCTION, INC.
1400 Alabama Avenue
West Palm Beach, Florida 33401
(561) 659-1400
Fax: (561) 659-1402
www.burkhardtconstruction.com
~~~~ @~ lJ_~~~W&~
.'
, . ~ '.... \..,: .',
DATE Au ust 28,2007 JOB NO.
,t ATTENTION: Vivian Brooks
.. RE: Seacrest Blvd.
Preconstruction Consultin Services
TO: Boynton Beach eRA
915 South Federal Highway
Boynton Beach, FI. 33435
WE ARE SENDING YOU: 0 Attached
o Under separate cover via
the following items:
o Specifications
o Shop Drawing
o Copy of letter
o Prints
o Change order
o Plans
o Samples
o
COPI ES DATE NO. DESCRIPTION
3 8/28/07 6-pages Work Authorization #1, Preconstruction Consulting Services For Seacrest Blvd. ($24,8
.
THESE ARE TRANSMITTED as checked below.
x
o For approval
o For your use
o As requested
o For review and comment
o Approved as submitted
o Approved as noted
o Returned for corrections
o Resubmit
copies for approval
copies for distribution
corrected prints
x
o Submit
x
o Return
o
o FOR BIDS DUE
REMARKS:
o PRINTS RETURNED AFTER LOAN TO US
Vivian,
Please review and if acceptable sign/return 1-fully executed copy for our files.
'y to
Thank You,
Signed: V~1lety'~
If enclosures are not as noted, kindly notify us at once.
EXHIBIT F
WORK AUTHORIZATION
WORK AUTHORIZATION NO.1
CONTRACT NO.
TO: BURKHARDT CONSTRUCTION, INC.
1400 ALABAMA AVE., SUITE #20
WEST PALM BEACH, FL 33401
DATE: 8/28/2007
PROJECT NAME: Seacrest Blvd.
PROJECT NO.
Under our AGREEMENT dated
15-Jun-07
**************************************************************************************************
You hereby are authorized and directed to make the following change(s) in accordance
with terms and conditions of the AGREEMENT:
For the Additive Sum of: Twenty-Four Thousand, Eight-Hundred, And No/100 Dollars
Original Agreement Amount
$0
$0.00
Sum of Previous Work Authorizations
This Work Authorization (Add)
$24,800.00
Present Agreement Amount
$24,800.00
The time for completion shall be (increased) by zero calendar days due to
this Work Authorization. Accordingly, the Owner shall issue a Notice To Proceed after the
Contractor has secured all of the permits required for this work. Your acceptance of this
Work Authorization shall constitute a modification to our Agreement and will be performed
subject to all the same terms and conditions in our Agreement indicated above, as fully as
jf the same were repeated in this acceptance.
The adjustment, if any, to this Agreement shall constitute a full and final settlement of
any and all claims arising out of or related to the change set forth herein, including claims
for impact and delay costs.
Accepted:
By:
By:
i_
Owner
August 28, 2007
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, FL 33435
Attn: Vivian Brooks, Assistant Director
Re: Seacrest Boulevard (from Boynton Beach Blvd to NE J(th Ave)
Proposal for Preconstruction Professional Consulting Services
Dear Ms. Brooks:
After our successful selection to provide General Contractor/Construction
Management/Consulting services for the Boynton Beach CRA's exciting project
along Seacrest Blvd. Burkhardt Construction, Inc. (Consultant) is pleased to
submit this proposal.
This proposal is for preconstruction professional consulting services during the
designlpennitting phase of the project. To work as directed by the CRA in
conjunction with the CRA's design team to provide plan review,
constructability/construction methods review, cost estimating/analysis and
budgeting costs, value engineering and CRA consultation as requested.
I have attached the aforementioned scope and fee for your review and comment.
We look forward to continue working with you on this exciting project.
Cordially,
.~~ON'INC'
e . Haynes - (
Vice President
Enclosures
Boynton Beach eRA,
August 28, 2007, Page 2
Exhibit "A"
SCOPE OF SERVICES
Preconstruction Services For Seacrest Boulevard
Task 1 - Plans review
1.0
The Consultant will review the 30%, 60% & fmal construction drawings as
prepared by the design team, prepare an observations report and meet with the
CRA and or design team as requested to review comments/questions.
Task 2 - Constructabilitv/Construction methods review
2.0
The Consultant will review the 30% and the 60% plans and make comment as to
the economic and practical constructability of the design elements as well as
suggesting methods for construction which may impact design. This task will
include meeting with the CRA and or design team to discuss comments/alternate
design options. It is anticipated this task will be necessary only at 30% plans and
60% plans as all modifications resulting from these discussions will be
incorporated in earlier phases prior to preparation of fmal construction drawings.
Task 3 - Cost Estimatinf!/Budl!etinf!
3.1 - Initial Opinion Of Probable Cost
The Consultant will prepare an "Initial Opinion Of Probable Cost" upon
submittal of the 30% plans. This estimate will enumerate work items shown in the
plans as well as quantifying the work and establishing estimated unit prices for
each quantified work item. A total Initial Opinion Of Probable Cost including
contingency will be provided, in writing, to the CRA.
3.2 - Cost analysis
The Consultant will assist the CRA in analyzing construction costs associated
with phasing sequences, cash flow utilizations, grant applications and City
interdepartmental funding sources.
Boynton Beach eRA,
August 28, 2007, Page 3
3.3 - Final Construction Cost Budget
The Consultant will prepare a "Final Construction Cost Budget" upon submittal
of fmal construction plans. This estimate will be based on an updated quantity
survey based on the fmal/pennitted construction plans with updated unit pricing,
revised contingency amount and a total construction cost estimate. This Final
Construction cost estimate will be provided in writing to the CRA.
Task 4 - Value Eneineerine
The Consultant will review the 30% and the 60% plans and make comment as to
alternatives to the design or specified products which may result in cost savings to
the CRA. This task will include meeting with the client and or design team to
discuss comments/alternate design options. It is anticipated this task will be
necessary only at 30% plans and 60% plans as all value engineering resulting
from these discussions will be incorporated in earlier phases prior to preparation
of fmal construction drawings.
Task 5 - Client Consultation
The Consultant will meet with the CRA as requested to participate in, advise or
consult with the CRA on any/all issues relative to the project as deemed necessary
by the CRA. Up to 5-additional meetings
Task 6 - Public Meetioes and Presentations
Our proposal does not anticipate participation in any Public meetings (CRA Board
Meetin~s )
ADDITIONAL SERVICES
Upon your authorization, the Consultant will provide any additional services that
may be required beyond those described in Task I through 6. The additional
services shall be provided as requested by the CRA and invoiced at the hourly
rates shown herein.
COMPENSATION
We will provide the scope of services as described in task I - 6 for the values
outlined below.
Basic Services
Lum Sum Amounts
Seacrest
Boulevard
$6,300.00
$2,800.00
$13,990.00
Boynton Beach CRA,
August 28, 2007, Page 4
Task 4 - Value Engineering $1,710.00
Task 5 - Client Consultation $1,800.00
Task 6 - Public Meetings / Presentations 0
Additional Services Hourly
Total $24,800.00
Hourly Fee Scbedule For Additional Senrices
Project Principal
Project Manager
Construction Cost Estimator
Secretarial
$ l80.001Hour
$ 115. OOlHour
$ 90.001Hour
$ 60. OOlHour
Hourly Rates include all benefits, taxes, overhead, profit and supplies
CLOSURE
This proposal is valid only in conjunction with construction being executed by the
Consultant.
In addition to the matters set forth herein, our agreement shall include, and shall
be subject to, the all provisions as set forth in the "General
Contracting/Construction Management/Consulting Agreement" by and between
Burkhardt Construction, Inc.(Consultant) and the Boynton Beach Community
Redevelopment Agency (CRA) dated June 15,2007.
If you concur in the foregoing and wish to direct the Consultant to proceed with
the aforementioned services, please direct the Consultant to prepare the necessary
Work Authorization. Fees and times stated in this agreement are valid for sixty
(60) days after the date of agreement by the Consultant.
We appreciate this opportunity to submit this scope/fee proposal. Please contact
me at (561) 659-1400 if you have any questions.
Sincerely,
TC~NSTR. U._CTDN,INC.
----.-
.;?>- a
-~ .7~
. E. Haynes
Vice President
,.
l' '
,
X.NT W
; f
. .....'!....1.1.'.... t.. t~..~.i.'40f .~. rchas Agreement with
,~e 'Vent reI. for 508 N. Seacrest,
..~. ..: ' h: :.~ j
" ,
. .. .
M~~ AI~e ue.~d 105 NE 4th Avenue
lri th~ ~t of$ 45,000
; : I
I
I
~qY~T8~ eRA
East Side-West Side-Seaside Renaissance
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: September 11, 2007
I Consent Agenda I
Old Business I X I
New Business
Public Hearing
Other
SUBJECT: Consideration of Purchase Agreement with Elaine Venturelli for 508 N. Seacrest,
103 and 105 NE 4th Avenue in the amount of $545,000 (Budget Line Item 58300-200)
SUMMARY: CRA staff was presented with the opportunity to purchase three properties from Elaine
Venturelli at the SW comer of Seacrest and NE 4th Avenue. The property includes 2 structures; a single family
home and a duplex. The total square footage of the property is 23,530 or $23.00 a square foot.
Staff commissioned appraisals of the properties (complete appraisals are available for review at the CRA office).
The single family property, located at 508 N. Seacrest, was valued at $165,000. The multifamily property and
vacant lot were valued at $380,000 making the total $545,000. The seller, Elaine Venturelli has agreed to sell at
the appraised value. If the Board approves the purchase, the per square foot purchase price for all properties will
be $19.71.
The CRA currently has approximately 2.0 acres assembled of the approximately 5.5 acres for the entire block
The Boynton Beach Faith Based CDC owns approximately 1 acre within the block and is interested in partnering
with a for-profit developer to develop their site in conjunction with the CRA parcels.
The NE 4th/5th Street Block is identified within the Heart of Boynton Community Redevelopment Plan as a
commercial redevelopment site. However, due to recent analysis conducted by The Chesapeake Group and The
Treasure Coast Regional Planning Council, staff does not feel that the area can support the amount of commercial
property proposed at this site by the HOB plan. Staff does concur with the findings of TCRPC that affordable
units can be built and absorbed within HOB with the assistance of the CRA.
Staff expects to bring an RFPIRFQ for development of the site to the Board for approval after the development
agreement is finalized for Ocean Breeze. Staff will continue to assemble properties within the block to the extent
that it is financially feasible or if the Board directs otherwise.
FISCAL IMPACT: Funds are available in line item 58300-200 of the current budget.
RECOMMENDATIONS: Approve the purchase agreement with Elaine Venturelli in the amount of
$545,000 for 508 N. Seacrest, 103 and 105 NE 4th Avenue.
~
Vivian L. Brooks
Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 09 11 CRA Baord Meeting - SeptemberWenturelli PA.doc
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PURCHASE AGREEMENT
Page 1 of 12
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 ELAINE VENTURELLI, a married woman
(hereinafter "SELLER").
In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree
as follows:
1. PURCHASE AND SALEIPROPERTY. SELLER agrees to sell and convey to
CRA and CRA agrees to purchase and acquire from SELLER, on the terms and conditions
hereinafter set forth, the Properties located in Palm Beach County, Florida (the "Properties") and
more particularly described as follows:
Address:
Legal Description:
Parcel Number:
Address:
Legal Description:
Parcel Number:
Address:
Legal Description:
Parcel Number:
508 N. Seacrest Blvd., Boynton Beach, FL 33435
The South 25 feet of Lot 7 and the North 26 feet of
Lot 8, Block 3, SHEPARD'S ADDITION TO
TOWN OF BOYNTON, recorded in Plat Book 2,
Book 59 of the Public Records of Palm Beach
County, Florida
08-43-45-21-29-003-0071
103 NE 4th Ave., Boynton Beach, FL 33435
The South 75 Feet of Lot 8, Block 3, of
SHEPARD'S ADDITION TO TOWN OF
BOYNTON, recorded in Plat Book 2, Page 59 of
the Public Records of Palm Beach County, Florida
08-43-45-21-29-003-0081
105 NE 4th Avenue, Boynton Beach, FL 33435
Lot 5, Block 3, of SHEPARD ADDITION TO
TOWN OF BOYNTON, less the North 140 feet of
the East 80 Feed of Said Lot, and Less the North
175 Feet of the West 20 Feet of said Lot, and Less
the South 100 Feet of the East 50 feet of Said lot, as
described in deed recorded in ORB 866, Page 686,
Deed Book 1118, Page 221; and Deed Book 855,
Page 350 of the Public Records of Palm Beach
County, Florida
08-43-45-21-29-003-0051
1
PURCHASE AGREEMENT
Page 2 of 12
2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the
Property shall be Five Hundred Forty-Five Thousand and No Dollars ($545,000.00) Dollars,
payable in cash, by wire transfer of United States Dollars at the Closing.
3. DEPOSIT.
3.1 Earnest Monev Deposit. Within five (5) Business Days after the Effective
Date, Purchaser shall deliver to Goren, Cherof, Doody & Ezrol, P.A.("Escrow Agent") a deposit
in the amount of Ten Thousand Dollars ($10,000.00) Dollars (the "Deposit").
3.2 ApplicationlDisbursement of Deposit. The Deposit shall be applied and
disbursed as follows:
The Deposit shall be delivered to SELLER at Closing and the CRA shall receive credit for such
amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period
(hereinafter defined) for any reason, the Deposit shall be immediately refunded to the CRA. If
this Agreement is terminated due to a default, pursuant to Section 12, the Deposit shall be
delivered to (or retained by, as applicable) the non-defaulting Party, and the non-defaulting Party
shall have such additional rights, if any, as are provided in Section 12.
3.3 Escrow Agent. eRA and SELLER authorize Escrow Agent to receive,
deposit and hold funds in escrow and, subject to clearance, disburse them upon proper
authorization and in accordance with Florida law and the terms of this Agreement. The parties
agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to
CRA and SELLER, unless the misdelivery is due to Escrow Agent's willful breach of this
Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow,
Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable
attorney's fees and costs to be paid from the escrowed funds which are charged and awarded as
court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated,
so long as Escrow Agent consents to arbitrate.
4. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS:
EFFECTIVE DATE. If this Agreement is not executed by and delivered to all parties on or
before September 11,2007, the Deposit will, at CRA's option, be returned and this offer shall be
deemed withdrawn. Unless otherwise stated, the time for acceptance of any counteroffers shall
be five (5) days from the date the counteroffer is delivered. The date of this Agreement (the
"Effective Date") shall be the date when the last one of the CRA and SELLER has signed or
initialed this offer or the final counteroffer.
5. CLOSING. The purchase and sale transaction contemplated herein shall close on
or before October 31, 2007 (the "Closing"), unless extended by other provisions of this
Agreement or by written agreement, signed by both parties, extending the Closing.
6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to CRA, by
Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined),
2
PURCHASE AGREEMENT
Page 3 of 12
valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and
all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions
except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes
and special assessments for the year of Closing and subsequent years not yet due and payable;
(b) covenants, conditions, easements, dedications, rights-of-way and matters of record included
on the Title Commitment or shown on the Survey (defined in Section 7), to which CRA fails to
object, or which CRA agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof.
7. FEASIBILITY PERIOD. CRA, and CRA's agents, employees, designees,
Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively,
"Agents") shall have thirty (30) days from the Effective Date of this Agreement ("Feasibility
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 SELLER and so long as said investigations do not result in a
business interruption, to perform any and all physical tests, inspections, and investigations of the
Property, including but not limited to Phase I and Phase II investigations, which CRA may deem
necessary. During this Feasibility Period, CRA may elect, in CRA's sole and absolute
discretion, to terminate this contract and receive back all Deposits hereunder. If CRA elects to
terminate this Agreement in accordance with this Section, CRA shall: (i) leave the Property in
substantially the condition existing on the Effective Date, subject to such disturbance as was
reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the
extent practicable, shall repair and restore any damage caused to the Property by CRA's testing
and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as
a result of the CRA' s testing and investigation. CRA hereby agrees to indemnify and hold
SELLER harmless from and against all claims, losses, expenses, demands and liabilities,
including, but not limited to, attorney's fees, for nonpayment for services rendered to CRA
(including, without limitation, any construction liens resulting therefrom) or for damage to
persons or property (subject to the limitation on practicability provided above) arising out of
CRA's investigation of the Property. However, CRA's indemnification obligations shall not
exceed its statutory limits as provided within Section 768.28, Florida Statutes, and CRA does not
waive its sovereign immunity rights. SELLER hereby agrees to indemnify and hold CRA
harmless from and against all claims, losses, expenses, demands and liabilities, including, but not
limited to, attorney's fees, for nonpayment for services rendered to SELLER or for damage to
persons or property (subject to the limitation on practicability provided above) arising out of
CRA's investigation of the Property. SELLERS' obligations under this Section shall survive the
termination, expiration or Closing of this Agreement.
7.1 Seller's Documents: SELLER shall deliver to CRA the following
documents and instruments within five (5) days of the Effective Date of this Agreement: copies
of any reports or studies (including environmental, engineering, surveys, soil borings and other
physical reports) in SELLER' possession or control with respect to the physical condition of the
Property, if any.
7.2 Title Review. Within ten (10) days of the Effective Date, CRA shall
obtain, at the CRA's expense, from a Title Company chosen by CRA (hereinafter "Title
Company"), a Title Commitment covering the Property and proposing to insure CRA in the
3
PURCHASE AGREEMENT
Page 4 of 12
amount of the Purchase Price subject only to the Permitted Exceptions, together with complete
and legible copies of all instruments identified as conditions or exceptions in Schedule B of the
Title Commitment. CRA shall examine the Title Commitment and deliver written notice to
SELLER no later than twenty (20) days after the Effective Date notifying SELLER of any
objections CRA has to the condition of title (hereinafter "CRA Title Objections"). If CRA fails
to deliver the CRA Title Objections to SELLER within the aforesaid review period, title shall be
deemed accepted subject to the conditions set forth in the Title Commitment. If CRA timely
delivers the CRA Title Objections, then SELLER shall have thirty (30) days to diligently and in
good faith undertake all necessary activities to cure and remove the CRA Title Objections
(hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to
be cured and removed, the CRA Title Objections within the Cure Period, to the satisfaction of
CRA, then CRA, in CRA's sole and absolute discretion, shall have the option of (i) extending the
Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title
to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in
which case, the Deposit shall be returned to CRA and the Parties shall have no further
obligations or liability hereunder, except for those expressly provided herein to survive
termination of this Agreement.
Prior to the Closing, CRA shall have the right to cause the Title Company to issue
an updated Title Commitment ("Title Update") covering the Property. If any Title Update
contains any conditions which did not appear in the Title Commitment, and such items render
title unmarketable, CRA shall have the right to object to such new or different conditions in
writing prior to Closing. All rights and objections of the Parties with respect to objections
arising from the Title Update shall be the same as objections to items appearing in the Title
Commitment, subject to the provisions of this Section.
7.3. Survey Review. CRA, at CRA's expense, may obtain a current boundary
survey (the "Survey") of the Property, indicating the number of acres comprising the Property to
the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that
improvements located thereon encroach on setback lines, easements, lands of others or violate
any restrictions, covenants of this Agreement, or applicable governmental regulations, the same
shall constitute a title defect and shall be governed by the provisions of Section 7.3 concerning
title objections.
8. CONDITIONS TO CLOSING. CRA shall not be obligated to close on the
purchase of the Property unless each of the following conditions (collectively, the "Conditions to
Closing") are either fulfilled or waived by CRA in writing:
8.1. Representations and Warranties. All of the representations and warranties
of SELLER contained in this Agreement shall be true and correct as of Closing.
8.2. Condition of Property. The physical condition of the Property shall be the
same on the date of Closing as on the Effective Date, reasonable wear and tear excepted.
8.3. Pending Proceedings. At Closing, there shall be no litigation or
administrative agency or other governmental proceeding of any kind whatsoever, pending or
4
PURCHASE AGREEMENT
Page 5 of 12
threatened, which has not been disclosed, prior to closing, and accepted by CRA.
8.4. Compliance with Laws and Regulations. The Property shall be in
compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes,
requirements, licenses, permits and authorizations as of the date of Closing.
8.5. Occupancy. The property shall be conveyed to the CRA at time of
closing unoccupied. The SELLER hereby warrants that the current tenants are on a month-to-
month basis, were given proper notice to vacate and there are no leases on the property.
9. CLOSING DOCUMENTS. The CRA shall prepare, or cause to be prepared, the
Closing Documents set forth in this Section, except for documents prepared by the Title
Company. At Closing, SELLER shall execute and deliver, or cause to be executed and
delivered, to CRA the following documents and instruments:
9.1. Deed. A Warranty Deed (the "Deed") conveying to CRA valid, good,
marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances
and other conditions of title other than the Permitted Exceptions.
9.2 Seller's Affidavits. SELLER shall furnish to CRA an owner's affidavit
attesting that, to the best of its knowledge, no individual or entity has any claim against the
Property under the applicable construction lien law; and that there are no parties in possession of
the Property other than SELLER. SELLER shall also furnish to CRA a non-foreign affidavit
with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced
above, the same shall be deemed an uncured title objection.
9.3. Closing Statement. A closing statement setting forth the Purchase Price,
the Deposit, all credits, adjustments and prorations between CRA and SELLER, all costs and
expenses to be paid at Closing, and the net proceeds due SELLER, which CRA shall also execute
and deliver at Closing.
9.4. Corrective Documents. Documentation required to clear title to the
Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions.
9.5. Additional Documents. Such other documents as CRA or the Title
Company may reasonably request that SELLER execute and deliver, and any other documents
required by this Agreement or reasonably necessary in order to close this transaction and
effectuate the terms of this Agreement.
10. PRORA nONS, CLOSING COSTS AND CLOSING PROCEDURES.
10.1. Prorations. Taxes, assessments, rents, interest, insurance and other
expenses of the Property shall be prorated through the day before Closing. CRA shall have the
option of taking over existing policies of insurance, if assumable, in which event premiums shall
be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to
be made through the day prior to Closing. Advance rent and security deposits, if any, will be
5
PURCHASE AGREEMENT
Page 6 of 12
credited to CRA. Taxes shall be prorated based upon the current year's tax with due allowance
made for maximum allowable discount. If Closing occurs at a date when the current year's
millage is not fixed and current year's assessment is available, taxes will be prorated based upon
such assessment and prior year's millage. If current year's assessment is not available, then
taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request
of either party, be readjusted upon receipt of tax bill.
10.2. Special Assessment Liens. Certified, confirmed and ratified special
assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending
liens as of Closing shall be assumed by CRA. If the improvement has been substantially
completed as of the Effective Date, any pending lien shall be considered certified, confirmed or
ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or
assessment for the improvement by the public body.
10.3. Closing Costs. Seller shall pay for all documentary stamps on the deed,
recording the deed and half of all general closing expenses (settlement fee, courier fees,
overnight package, etc.). All other costs of closing shall be borne by CRA.
10.4 Closing Procedure. CRA shall fund the Purchase Price subject to the
credits, offsets and prorations set forth herein. SELLER and CRA (as applicable) shall execute
and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i)
disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up"
Title Commitment to CRA, and promptly thereafter, record the Deed and other recordable
Closing Documents in the appropriate public records.
10.5 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain,
or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments
applicable to and encumbering the Property.
11. REPRESENTATIONS. COVENANTS AND WARRANTIES.
11.1 Seller's RelJresentations and Warranties. SELLER hereby represents,
covenants and warrants to CRA, as of the Effective Date and as of the Closing Date, as follows:
11.2. Authority. The execution and delivery of this Agreement by SELLER and
the consummation by SELLER of the transaction contemplated by this Agreement are within
SELLER'S capacity and all requisite action has been taken to make this Agreement valid and
binding on SELLER in accordance with its terms. The person executing this Agreement on
behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this
Agreement represents a valid and binding obligation of SELLER.
11.3. Title. SELLER is and will be on the Closing Date, the owner of valid,
good, marketable and insurable fee simple title to the Property, free and clear of all liens,
encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances
of record which will be discharged at Closing).
6
PURCHASE AGREEMENT
Page 7 of 12
12. DEFAULT.
12.1. Purchaser's Default. In the event that this transaction fails to close due to
a wrongful refusal to close or default on the part of CRA, subject to the provisions of Paragraph
12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow
Agent to SELLER as agreed liquidated damages and, thereafter, neither CRA nor SELLER shall
have any further obligation or liabilities under this Agreement, except for those expressly
provided to survive the termination of this Agreement; provided, however, that CRA shall also
be responsible for the removal of any liens asserted against the Property by persons claiming by,
through or under CRA, but not otherwise. CRA and SELLER acknowledge that if CRA defaults,
SELLER will suffer damages in an amount which cannot be ascertained with reasonable
certainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent
most closely approximates the amount necessary to compensate SELLER. CRA and SELLER
agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture
provISIOn.
12.2. Seller's Default. In the event that SELLER shall fail to fully and timely
perform any of its obligations or covenants hereunder or if any of SELLER'S representations are
untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement,
CRA may, at its option: (1) declare SELLER' in default under this Agreement by notice
delivered to SELLER, in which event CRA may terminate this Agreement and demand that the
Deposit be returned, including all interest thereon if any, in accordance with Section 3 and
neither Party shall have any further rights hereunder or (2) seek specific performance of this
Agreement, without waiving any action for damages.
12.3. Notice of Default. Prior to declaring a default and exercising the remedies
described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party
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:
Elaine Venturelli
8852 Yearling Drive
Lake Worth, FL 33467
7
PURCHASE AGREEMENT
Page 8 of 12
If to Buyer:
Lisa A. Bright, Executive Director
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, FL 33435
PH: 561/737-3256
FX: 561/737-3258
With a copy to:
James Cheroff
CRA Attorney
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this
Agreement are hereby made binding on, and shall inure to the benefit of, the successors and
permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement
without the prior written consent of CRA, which shall not be unreasonably withheld. CRA shall
have the right to assign this Agreement to the City of Boynton Beach (the "City") without the
prior consent of SELLER and the CRA shall be released from any further obligations and
liabilities under this Agreement. The CRA may not assign this Agreement to any other party
without the prior written approval of SELLER, which shall not unreasonably withheld. If CRA
has been dissolved as an entity while this Agreement and/or the attached Lease Agreement are in
effect, the provisions of section 163.357(1), Florida Statutes, (as it may be amended from time to
time), shall apply.
15. BROKER FEES. The SELLER and BUYER hereby states that they have not
dealt with a real estate broker in connection with the transaction contemplated by this Agreement
and are not liable for a sales commission. SELLER shall indemnify, defend and hold harmless
the CRA from and against any and all claims, losses, damages, costs or expenses (including,
without limitation, attorney's fees) of any kind or character arising out of or resulting from any
agreement, arrangement or understanding alleged to have been made by SELLER on its behalf
with any broker or finder in connection with this Agreement. The provisions of this Section
shall survive Closing or termination of this Agreement.
16. 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, SELLER
hereby warrants and represents the following, as applicable:
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PURCHASE AGREEMENT
Page 9 of 12
(1) That SELLER and occupants of the Property have obtained and are
in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or
contiguous property owned by SELLER, to the best of SELLER' knowledge.
(2) SELLER is not aware nor does it have any notice of any past,
present or future events, conditions, activities or practices which may give rise to any liability or
form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the
Property. SELLER is not aware nor does it have any notice of any past, present or future events,
conditions, activities or practices on contiguous property that is owned by SELLER which may
give rise to any liability or form a basis for any claim, demand, cost or action relating to the
Disposal of any Pollutant affecting the SELLER property.
(3) There is no civil, criminal or administrative action, suit, claim,
demand, investigation or notice of violation pending or, to the best of that entity's knowledge,
threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the
Property, any portion thereof, or on any contiguous property owned by SELLER.
16.2 Additional Warranties and Representations of SELLER. As a material
inducement to CRA entering into this Agreement, SELLER, to the best of SELLER' information
and belief, hereby represents and warrants the following:
16.2.1 There are no pending applications, permits, petitions, contracts, approvals,
or other proceedings with any governmental or quasi-governmental authority, including but not
limited to, CRA, municipalities, counties, districts, utilities, and/or federal or state agencies,
concerning the use or operation of, or title to the Property or any portion thereof and SELLER has
not granted or is not obligated to grant any interest in the Property to any of the foregoing entities.
16.2.2 There are no facts believed by SELLER to be material to the use, condition
and operation of the Property in the manner that it has been used or operated, which it has not
disclosed to CRA herein, including but not limited to unrecorded instruments or defects in the
condition of the Property which will impair the use or operation of the Property in any manner.
16.2.3 To the best of SELLER' knowledge, the Property and the use and operation
thereof are in compliance with all applicable county and governmental laws, ordinances,
regulations, licenses, permits and authorizations, including, without limitation, applicable zoning
and environmenta11aws and regulations.
16.3 SELLER Deliveries.
SELLER shall deliver to CRA the following documents and instruments within ten
(10) days of the Effective Date of this Agreement, except as specifically indicated:
16.3.1 Copies of any reports or studies (including engineering, environmental, soil
borings, and other physical inspection reports), in SELLER' possession or control with respect to
the physical condition or operation of the Property, if any.
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PURCHASE AGREEMENT
Page 10 of 12
16.3.2 Copies of all licenses, variances, waivers, permits (including but not
limited to all surface water management permits, wetland resource permits, consumptive use
permits and environmental resource permits), authorizations, and approvals required by law or
by any governmental or private authority having jurisdiction over the Property, or any portion
thereof (the "Governmental Approvals"), which are material to the use or operation of the
Property, if any.
16.3.3 Prior to the Closing Date, SELLER shall execute and deliver to CRA any
and all documents and instruments required by CRA, in CRA's sole and absolute discretion,
which: (i) effectuate the transfer to CRA of those Governmental Approvals, or portions thereof
which are applicable to the Property, that CRA desires to have assigned to it, and/or (ii) cause the
Property to be withdrawn from any Governmental Approvals. No later than thirty (30) days prior
to the Closing Date, SELLER shall remedy, restore, and rectify any and all violations of the
Governmental Approvals (including but not limited to any and all portions of the surface water
management system, mitigation areas or other items which do not comply with the
Governmental Approvals or applicable rules), if any. SELLER warrants that there will not be, at
the time of Closing, any unrecorded instruments affecting the title to the Property, including, but
not limited to any conveyances, easements, licenses or leases.
17. MISCELLANEOUS.
17.1. General. This Agreement, and any amendment hereto, may be executed in
any number of counterparts, each of which shall be deemed to be an original and all of which
shall, together, constitute one and the same instrument. The section and paragraph headings
herein contained are for the purposes of identification only and shall not be considered in
construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire
Section, unless otherwise specified. No modification or amendment of this Agreement shall be
of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire
agreement between the Parties relating to the Property and all subject matter herein and
supersedes all prior and contemporaneous negotiations, understandings and agreements, written
or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of
the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising
out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County,
Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States
District Court for the Southern District Court of Florida.
17.2. Computation of Time. Any reference herein to time periods which are not
measured in Business Days and which are less than six (6) days, shall exclude Saturdays,
Sundays and legal holidays in the computation thereof. Any time period provided for in this
Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5 :00 p.m. on the
next full Business Day. Time is of the essence in the performance of all obligations under this
Agreement. Time periods commencing with the Effective Date shall not include the Effective
Date in the calculation thereof.
17.3. Waiver. Neither the failure of a party to insist upon a strict performance
of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance
10
PURCHASE AGREEMENT
Page 11 of 12
of any item by a party with knowledge of a breach of this Agreement by the other party in the
performance of their respective obligations hereunder, shall be deemed a waiver of any rights or
remedies that a party may have or a waiver of any subsequent breach or default in any of such
terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination
of this Agreement and the Closing.
17.4. Construction of Agreement. The Parties to this Agreement, through
counsel, have participated freely in the negotiation and preparation hereof. Neither this
Agreement nor any amendment hereto shall be more strictly construed against any of the Parties.
As used in this Agreement, or any amendment hereto, the masculine shall include the feminine,
the singular shall include the plural, and the plural shall include the singular, as the context may
require. Provisions of this Agreement that expressly provide that they survive the Closing shall
not merge into the Deed.
17.5. Severability. If any provision of this Agreement or the application thereof
shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this
Agreement nor the application of the provision to other persons, entities or circumstances shall
be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The
provisions ofthis Section shall apply to any amendment of this Agreement.
17.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement
and initialed by CRA and SELLER shall control all printed provisions in conflict therewith.
17.7 Waiver of Jury Trial. As an inducement to CRA agreeing to enter into this
Agreement, CRA and SELLER hereby waive trial by jury in any action or proceeding brought by
either party against the other party pertaining to any matter whatsoever arising out of or in any way
connected with this Agreement.
17.8. Attorneys Fees and Costs. Should it be necessary to bring an action to
enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including
those at the appellate level, shall be awarded to the prevailing party.
17.9 Binding Authority. Each party hereby represents and warrants to the other
that each person executing this Agreement on behalf of the CRA and SELLER has full right and
lawful authority to execute this Agreement and to bind and obligate the party for whom or on
whose behalf he or she is signing with respect to all provisions contained in this Agreement.
17.10 Recording. This Agreement may be recorded in the Public Records of
Palm Beach County, Florida.
17.11 Survival. The covenants, warranties, representations, indemnities and
undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and
recording of the SELLER Property Deed and CRA's possession of the Property.
11
PURCHASE AGREEMENT
Page 12 of 12
17.12 SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees
that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by
SELLER in connection with the transaction contemplated by this Agreement.
date.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective
BOYNTON BEACH
COMMUNITY REDEVELOPMENT
AGENCY
SELLER
.~ ~,<<-a-
By:
Print Name: Jerry Taylor
Title: Chair
Print Name: Elaine Venturelli, a married woman
Witnesses:
Wimesses~ #
0P{L~Df}! a- ~ t-J~'Pf.l\ \)
Approved as to form and legal sufficiency:
James A. Cherof
eRA Attorney
I:\Client Documents\Boynton Beach CRA\pfRusso\Misc\Purchase Agreement.doc
12
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APPRAISAL OF
A DUPLEX BUILDING AND A VACANT LOT
LOCATED AT
103 & 105 NORTHEAST 4TH AVENUE
BOYNTON BEACH, FLORIDA
ELAINE VENTURELLI
FOR
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
BY
ROBERT B. BANTING, MAl, SRA
STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER RZ4
AND
MICHELLE J. JACKSON
STATE-REGISTERED TRAINEE REAL ESTATE APPRAISER RI15929
WITH
ANDERSON & CARR, INC.
521 SOUTH OLIVE AVENUE
WEST PALM BEACH, FLORIDA 33401
DATE OF VALUE: AUGUST 17, 2007
DATE OF INSPECTION: AUGUST 17,2007
DATE OF REPORT: AUGUST 23,2007
FILE NO.: 270518.001
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ROBERT B. BANTING, MAl, SRA, PRESIDENT
State.Certified General Real Estate Appraiser RZ4
FRANK J. CARDa, MAl, VICE PRESIDENT
State-Certified General Real Estate Appraiser RZ 1190
~()r:~~(),... ~ CAl)~9 .,...C.
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< ~l'l'raisers .~ealtors >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
521 SOUTH OLIVE AVENUE
WEST PALM BEACH, FLORIDA 33401-5907
www.andersoncarr.com
Telephone (561) 833-1661
Fax (561) 833.0234
August 23, 2007
OQaJity d3eJVice d3iflce 1947
Vivian Brooks
Assistant Director
Boynton Beach Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, Florida 33435
Dear Ms. Brooks:
Pursuant to your request, we have personally appraised the real property located at 103 & 105 Northeast
4th Avenue in Boynton Beach, Florida. The purpose of this appraisal is to estimate the market value, fee
simple estate, of the subject property, as of August 17, 2007, the date of inspection. The intended use of
the report is for possible acquisition purposes. The intended user of the report is the client, the Boynton
Beach Community Redevelopment Agency.
The subject property currently consists of two rental units in one building situated along the northeast
corner of Northeast 4th Avenue and North Seacrest Boulevard which is east of 1-95 and north of Boynton
Beach Boulevard in Boynton Beach, Florida. The subject building, which is located at 103 Northeast 4th
Avenue, encroaches onto the vacant land parcel along the western property line. As both parcels are
owned by the same person, and were financed together according to the owner's representative, Mike
Parker, we are appraising them together.
The subject building is a two-story duplex with one unit on the first floor and the second unit on the
second floor. This building was originally built in 1930. It is unclear as to what the original use of the
building was, however it was being used as a duplex when the current owner was transferred the property
in March of 2006. The first floor unit, Unit One, has three bedrooms with two bathrooms and contains
approximately 1,052 square feet of gross living area. There is also a storage area at the entry that
contains approximately 140 square feet. The second floor unit, Unit Two, has two bedrooms with one
bathroom and contains approximately 912 square feet. There is a covered entry porch and an additional
balcony porch Unit Two. The total square footage of gross living area for the subject property is
approximately 1,964 square feet.
The rental information obtained from the property owner's representative, Mike Parker, is as follows for
the two units currently rented: Unit One $1,175/month, Unit Two $l,lOO/month. Unit One is subsidized
~h~ough the Housing Authority of Palm Beach County. All of these rents include utilities. The building
IS ill average condition for its age and appears to have routine maintenance performed on the structure
w:: ~he grounds. There is a concrete parking area on the south side of the building that appears to
P VIde adequate parking for the tenants.
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~I)~~S()~ & C4.~~~ I~C.
Vivian Brooks
Planning Director
Boynton Beach Community Redevelopment Agency
August 23, 2007
The property is composed of two platted lots which total approximately 17,719
square feet or .41 acres. Both lots are currently zoned R2, Single or Two-
Family Dwelling Units by the City of Boynton Beach. The underlying land use
is Residential Medium Density.
We have utilized the Income Capitalization Approach and the Sales
Comparison Approach to value the property. We analyzed the property as
improved and as if vacant.
The analysis indicates that the highest and best use of the property is for
continued rental purposes with additional development of the vacant parcel or
for further development with assembled adjoining parcels.
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, and limiting conditions set forth in the attached
report, as of August 17,2007, was:
THREE HUNDRED EIGHTY THOUSAND DOLLARS
($380,000)
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A~I)~V\f)~ & CAJ:?V~ I~C.
Vivian Brooks
Planning Director
Boynton Beach Community Redevelopment Agency
August 23, 2007
The following presents a complete appraisal in a summary report. This letter
must remain attached to the report, which contains 59 pages plus related
exhibits, 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,
~~.~
, ~
~erttl. ~':in_~s~ --
. ta e-Certified Genela1~1 Estate Appraiser RZ4
ILWllJ /'. ,11y-
Mi helle J. J acks6n
State Registered Trainee Real Estate Appraiser RI15929
RBB/MJJ: bar
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APPRAISAL OF
A SINGLE FAMILY RESIDENCE
LOCATED AT
508 NORTH SEACREST BOULEVARD
BOYNTON BEACH, FLORIDA
ELAINE VENTURELLI, OWNER
FOR
BOYNTON BEAeH COMMUNITY REDEVELOPMENT AGENCY
BY
ROBERT B. BANTING, MAl, SRA
STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER RZ4
AND
MICHELLE J. JACKSON
STATE-REGISTERED TRAINEE REAL ESTATE APPRAISER RI15929
WITH
ANDERSON & CARR, INC.
521 SOUTH OLIVE AVENUE
WEST PALM BEACH, FLORIDA 33401
DATE OF VALUE: AUGUST 17, 2007
DATE OF INSPECTION: AUGUST 17, 2007
DATE OF REPORT: AUGUST 23,2007
FILE NO.: 270518.002
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ROBERT B. BANTING, MAl, SRA, PRESIDENT
State.Certified General Real Estate Appraiser RZ4
FRANK J. CARDa, MAl, VICE PRESIDENT
State.Certified General Real Estate Appraiser RZI ]90
~()~I2S()~ & (:.41212. I~(:.
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< fil'l'raisers .}lealtors >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
521 SOUTH OLIVE AVENUE
WEST PALM BEACH, FLORIDA 33401
www.andersoncarr.com
Telephone (561) 833-1661
Fax (561) 833.0234
August 23, 2007
OQa1J1y 0eNJce 0!flce 1947
Vivian Brooks
eRA Planning Director
Boynton Beach eommunity Redevelopment Agency
915 South Federal Highway
Boynton Beach, Florida 33435
Dear Ms. Brooks:
At your request, we have appraised a single family residence located at 508 North Seacrest Boulevard in
central Boynton Beach, Florida. The subject residence is constructed using hollow clay tile and has a
painted stucco exterior. It was originally built in 1930. The residence was in average condition both on
e exterior and interior. The roof is one year old and there are three window unit air conditioners. The
interior walls and ceilings are plaster with a textured painted finish. The ceilings have recently been re-
plastered due to water damage from a leaking roof. They appear to be in average condition. There are
vinyl tiles over wood flooring throughout the residence. The residence has three bedrooms and two
bathrooms with a security system. The total gross living area is 1,244 square feet. The residence is
situated on a rectangular shaped parcel of land containing approximately 4,868 square feet or .11 acres.
The property is located in a redevelopment area, the Heart of Boynton Beach, and is situated in an area
slated for mixed use development.
The purpose of this appraisal is to estimate the as-is market value, fee simple estate of the subject
property as of the date of inspection, August 17, 2007. The intended use of this report is for purchase
considerations. The intended user of this report is the client, the Boynton Beach eommunity
Redevelopment Agency.
We have used the Sales eomparison Approach in valuing the subject property as it is a single family
residence. The eost and Income eapitalization Approaches are not applicable.
As a result of our analysis, we have developed an opinion that the as-is 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 August 17, 2007 was:
ONE HUNDRED SIXTY-FIVE THOUSAND DOLLARS
$165,000
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4N()l:VS()~ & CAl2V~ I~C.
Vivian Brooks, eRA Planning Director
Boynton Beach eommunity Redevelopment Agency
August 23, 2007
The above value assumes an exposure time of three to six months. The above value
assumes there are no environmental or structural problems.
The following presents the appraisal in a summary report. This letter must remain
attached to the report, which contains 44 pages, in order for the value opinion set
forth to be considered valid. Your attention is directed to the Assumptions and
Limiting eonditions, which follow.
Respectfully submitted,
fC~~~ ~
S at -Gertified General Real Estate Appraiser RZ4
MiClit~j-( ~vr~
State- Registered Trainee Real Estate Appraiser RI15929
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East Side-West S'lde-Seaside Renaissance
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: September11,2007
I Consent Agenda I
Old Business I X I
New Business
Public Hearing
Other
SUBJECT: Consideration of Purchase Agreement with Richard & Linda Emi1car for 511 NE 1st Avenue
in the amount of $210,000.00.
SUMMARY: CRA staff was presented with the opportunity to purchase a duplex unit from Richard &
Linda Emilcar located at 511 NE 1 st Avenue. The property currently contains a duplex of approximately
1,528sqft and an overall parcel size of 6,508sqft or .15 acres of land. The property is currently zoned residential
medium density.
Staff commissioned an appraisal of the property which established a market value of $220,000.00 on August 13,
2007 (complete appraisals are available for review at the CRA office). The sellers, Richard & Linda Emilcar
have agreed to sell the property for $210,000.00.
The CRA currently has approximately 2.0+acres assembled of the approximately 5.5 acres for the entire block.
The Boynton Beach Faith Based CDC owns approximately 1 acre within the block and is interested in partnering
with a for-profit developer to develop their site in conjunction with the CRA parcels.
The NE 4th/5th Street Block is identified within the Heart of Boynton Community Redevelopment Plan as a
commercial redevelopment site. However, due to recent analysis conducted by The Chesapeake Group and The
Treasure Coast Regional Planning Council, staff does not feel that the area can support the amount of commercial
property proposed at this site by the HOB plan. Staff does concur with the findings of TCRPC that affordable
units can be built and absorbed within HOB with the assistance of the CRA.
Staff expects to bring an RFPIRFQ for development of the site to the Board for approval after the development
agreement is finalized for Ocean Breeze. Staff will continue to assemble properties within the block to the extent
that it is financially feasible or if the Board directs otherwise.
FISCAL IMPACT: Funds are available in line item 58300-200 of the current budget.
RECOMMENDATIONS: Approve the purchase agreement with Richard and Linda Emilcar in the
amount of $210,000.00 for the property located at 511 NE 1 st Street.
~~~
Michael Simon
Development Manager
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 09 11 CRA Baord Meeting - September\Emilcar Purchase Agreement.doc
PURCHASE AGREEMENT
This Purchase Agreement (hereinafter "Agreement") is made and entered into as of the
Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of
the Florida Statutes (hereinafter "CRA") and RICHARD AND LINDA EMILCAR, (hereinafter
"SELLER").
In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree
as follows:
1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to
CRA and eRA agrees to purchase and acquire from SELLER, on the terms and conditions
hereinafter set forth, the Property located in Palm Beach County, Florida (the "Property") and
more particularly described as follows:
Address:
Legal Description:
511 NE 15t Street, Boynton Beach, FL 33435
The North 65 feet of the South 140 feet of LOT 1, BLK 3,
Shepard Addition to Boynton, according to the Plat recorded
in Plat Book 2, page 59, as recorded in the Public Records of
Palm Beach County, Florida, said land situate, lying and
being in palm Beach County, Florida.
08-43-45-21-29-003-0012
Parcel Number:
2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the
Property shall be Two Hundred Ten Thousand ($210,000.00) Dollars, payable in cash, by wire
transfer of United States Dollars at the Closing.
3. DEPOSIT.
3.1 Earnest Money Deposit. Within five (5) Business Days after the Effective
Date, Purchaser shall deliver to Goren, Cherof, Doody & Ezrol, P.A.("Escrow Agent") a deposit
in the amount of Five Thousand Dollars ($5,000.00) Dollars (the "Deposit").
3.2 Application/Disbursement of Deposit. The Deposit shall be applied and
disbursed as follows:
The Deposit shall be delivered to SELLER at Closing and the CRA shall receive credit for such
amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period
(hereinafter defined) for any reason, the Deposit shall be immediately refunded to the CRA. If
this Agreement is terminated due to a default, pursuant to Section 12, the Deposit shall be
delivered to (or retained by, as applicable) the non-defaulting Party, and the non-defaulting Party
shall have such additional rights, if any, as are provided in Section 12.
PURCHASE AGREEMENT
Page 2 of 14
3.3 Escrow Agent. CRA and SELLER authorize Escrow Agent to receive,
deposit and hold funds in escrow and, subject to clearance, disburse them upon proper
authorization and in accordance with Florida law and the terms of this Agreement. The parties
agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to
CRA and SELLER, unless the misdelivery is due to Escrow Agent's willful breach of this
Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrQw,
Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable
attorney's fees and costs to be paid from the escrowed funds which are charged and awarded as
court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated,
so long as Escrow Agent consents to arbitrate.
4. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS;
EFFECTIVE DATE. If this Agreement is not executed by and delivered to all parties on or
before September 11, 2007, the Deposit will, at CRA' s option, be returned and this offer shall be
deemed withdrawn. Unless otherwise stated, the time for acceptance of any counteroffers shall
be five (5) days from the date the counteroffer is delivered. The date of this Agreement (the
"Effective Date") shall be the date when the last one of the CRA and SELLER has signed or
initialed this offer or the final counteroffer.
5. CLOSING. The purchase and sale transaction contemplated herein shall close on
or before October 26, 2007 (the "Closing"), unless extended by other provisions of this
Agreement or by written agreement, signed by both parties, extending the Closing.
6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to CRA, by
Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined),
valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and
all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions
except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes
and special assessments for the year of Closing and subsequent years not yet due and payable;
(b) covenants, conditions, easements, dedications, rights-of-way and matters of record included
on the Title Commitment or shown on the Survey (defined in Section 7), to which CRA fails to
object, or which CRA agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof.
7. Investigation of the Property. During the term of the "Feasibility Period" of thirty
(30) days, CRA, and CRA's agents, employees, designees, Contractors, surveyors, engineers,
architects, attorneys and other consultants (collectively, "Agents"), shall have the right, at CRA's
expense, to make inquiries of, and meet with members of Governmental Authorities regarding
the Property and to enter upon the Property, at any time and from time to time with reasonable
notice to SELLER and so long as said investigations do not result in a business interruption, to
perform any and all physical tests, inspections, and investigations of the Property, including but
not limited to Phase I and Phase II investigations, which eRA may deem necessary. During this
Feasibility Period, CRA may elect, in CRA's sole and absolute discretion, to terminate this
contract and receive back all Deposits hereunder. If CRA elects to terminate this Agreement in
accordance with this Section, CRA shall: (i) leave the Property in substantially the condition
existing on the Effective Date, subject to such disturbance as was reasonably necessary or
convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall
2
PURCHASE AGREEMENT
Page 3 of 14
repair and restore any damage caused to the Property by CRA' s testing and investigation; and
(iii) release to SELLER, at no cost, all reports and other work generated as a result of the CRA' s
testing and investigation. CRA hereby agrees to indemnify and hold SELLER harmless from
and against all claims, losses, expenses, demands and liabilities, including, but not limited to,
attorney's fees, for nonpayment for services rendered to CRA (including, without limitation, any
construction liens resulting therefrom) or for damage to persons or property (subject to .the
limitation on practicability provided above) arising out of CRA's investigation of the Property.
However, CRA's indemnification obligations shall not exceed its statutory limits as provided
within Section 768.28, Florida Statutes, and CRA does not waive its sovereign immunity rights.
SELLER hereby agrees to indemnifY and hold CRA harmless from and against all claims, losses,
expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment
for services rendered to SELLER or for damage to persons or property (subject to the limitation
on practicability provided above) arising out ofCRA's investigation of the Property. SELLER'
obligations under this Section shall survive the termination, expiration or Closing of this
Agreement.
7.1 Seller's Documents: SELLER shall deliver to CRA the following
documents and instruments within five (5) days of the Effective Date of this Agreement: copies
of any reports or studies (including environmental, engineering, surveys, soil borings and other
physical reports) in SELLER' possession or control with respect to the physical condition of the
Property, if any.
7.2 Title Review. Within ten (10) days of the Effective Date, CRA shall
obtain, at the CRA's expense, from a Title Company chosen by CRA (hereinafter "Title
Company"), a Title Commitment covering the Property and propqsing to insure CRA in the
amount of the Purchase Price subject only to the Permitted Exceptions, together with complete
and legible copies of all instruments identified as conditions or exceptions in Schedule B of the
Title Commitment. CRA shall examine the Title Commitment and deliver written notice to
SELLER no later than twenty (20) days after the Effective Date notifYing SELLER of any
objections CRA has to the condition of title (hereinafter "CRA Title Objections"). If CRA fails
to deliver the CRA Title Objections to SELLER within the aforesaid review period, title shall be
deemed accepted subject to the conditions set forth in the Title Commitment. If CRA timely
delivers the CRA Title Objections, then SELLER shall have thirty (30) days to diligently and in
good faith undertake all necessary activities to cure and remove the CRA Title Objections
(hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to
be cured and removed, the CRA Title Objections within the Cure Period, to the satisfaction of
CRA, then CRA, in CRA's sole and absolute discretion, shall have the option of (i) extending the
Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title
to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in
which case, the Deposit shall be returned to CRA and the Parties shall have no further
obligations or liability hereunder, except for those expressly provided herein to survive
termination of this Agreement.
Prior to the Closing, CRA shall have the right to cause the Title Company to issue
an updated Title Commitment ("Title Update") covering the Propeliy. If any Title Update
contains any conditions which did not appear in the Title Commitment, and such items render
"
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PURCHASE AGREEMENT
Page 4 of 14
title unmarketable, CRA shall have the right to object to such new or different conditions in
writing prior to Closing. All rights and objections of the Parties with respect to objections
arising from the Title Update shall be the same as objections to items appearing in the Title
Commitment, subject to the provisions of this Section.
7.3. Survey Review. CRA, at CRA's expense, may obtain a current boundary
survey (the "Survey") of the Property, indicating the number of acres comprising the Property to
the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that
improvements located thereon encroach on setback lines, easements, lands of others or violate
any restrictions, covenants of this Agreement, or applicable governmental regulations, the same
shall constitute a title defect and shall be governed by the provisions of Section 7.3 concerning
title objections.
8. CONDITIONS TO CLOSING. CRA shall not be obligated to close on the
purchase of the Property unless each of the following conditions (collectively, the "Conditions to
Closing") are either fulfilled or waived by CRA in writing:
8.1. Representations and Warranties. All of the representations and warranties
of SELLER contained in this Agreement shall be true and correct as of Closing.
8.2. Condition of Property. The physical condition of the Property shall be the
same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. Seller
shall have the right to remove the stove and refrigerator from the premise,S prior to closing.
8.3. Pending Proceedings. At Closing, there shall be no litigation or
administrative agency or other governmental proceeding of any kind whatsoever, pending or
threatened, which has not been disclosed, prior to closing, and accepted by CRA.
8.4. Compliance with Laws and Regulations. The Property shall be in
compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes,
requirements, licenses, permits and authorizations as of the date of Closing.
8.5. Occupancy. The property shall be conveyed to the CRA at time of
closing unoccupied. The Seller hereby warrants that the current tenants are on a month-to-
month basis, were given proper notice to vacate and there are no leases on the property.
9. CLOSING DOCUMENTS. The CRA shall prepare, or cause to be
prepared, the Closing Documents set forth in this Section, except for documents prepared by the
Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and
delivered, to CRA the following documents and instruments:
9.1. Deed. A Warranty Deed (the "Deed") conveying to CRA valid, good,
marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances
and other conditions of title other than the Permitted Exceptions.
4
PURCHASE AGREEMENT
Page 5 of 14
9.2 Seller's Affidavits. SELLER shall furnish to CRA an owner's affidavit
attesting that, to the best of its knowledge, no individual or entity has any claim against the
Property under the applicable construction lien law; and that there are no parties in possession of
the Property other than SELLER. SELLER shall also furnish to CRA a non-foreign affidavit
with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced
above, the same shall be deemed an uncured title objection.
9.3. Closing Statement. A closing statement setting forth the Purchase Price,
the Deposit, all credits, adjustments and prorations between CRA and SELLER, all costs and
expenses to be paid at Closing, and the net proceeds due SELLER, which CRA shall also execute
and deliver at Closing.
9.4. Corrective Documents. Documentation required to clear title to the
Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions.
9.5. Additional Documents. Such other documents as CRA or the Title
Company may reasonably request that SELLER execute and deliver, and any other documents
required. by this Agreement or reasonably necessary in order to close this transaction and
effectuate the terms of this Agreement.
10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES.
10.1. Prorations. Taxes, assessments, rents, interest, insurance and other
expenses of the Property shall be prorated through the day before Closing. CRA shall have the
option of taking over existing policies of insurance, if assumable, in whiCh event premiums shall
be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to
be made through the day prior to Closing. Advance rent and security deposits, if any, will be
credited to CRA. Taxes shall be prorated based upon the current year's tax with due allowance
made for maximum allowable discount. If Closing occurs at a date when the current year's
millage is not fixed and current year's assessment is available, taxes will be prorated based upon
such assessment and prior year's millage. If current year's assessment is not available, then
taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request
of either party, be readjusted upon receipt of tax bill.
10.2. Ad Varlorem Taxes. PURCHASER and SELLER shall comply with
Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for
the year of closing into escrow with the Palm Beach County Revenue Collector. In the event
that, following the Closing, the actual amount of assessed real property tax on the Property for
the current year is higher than any estimate of such tax used for the purposes of the Closing, the
parties shall re-prorate any amounts paid or credited based on such estimate as if paid in
November. This provision shall survive the closing.
10.3. Special Assessment Liens. Certified, confirmed and ratified special
assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending
liens as of Closing Shall be assumed by CRA. If the improvement has been substantially
completed as of the Effective Date, any pending lien shall be considered certified, confirmed or
5
PURCHASE AGREEMENT
Page 6 of 14
ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or
assessment for the improvement by the public body.
10.4. Closing Costs. Seller shall pay for all documentary stamps on the deed,
recording the deed and half of all general closing expenses (settlement fee, courier fees,
overnight package, etc.) and attorney's fees as referenced in Paragraph 17..12. All other costs of
closing shall be borne by CRA.
10.5. Closing Procedure. CRA shall fund the Purchase Price subject to the
credits, offsets and prorations set forth herein. SELLER and CRA (as applicable) shall execute
and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i)
disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up"
Title Commitment to CRA, and promptly thereafter, record the Deed and other recordable
Closing Documents in the appropriate public records.
10.6. Existing Mortgages and Other Liens. At Closing, SELLER shall obtain,
or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments
applicable to and encumbering the Property.
11. REPRESENT A TrONS, COVENANTS AND WARRANTIES.
11.1 Seller's Representations and Warranties. SELLER hereby represents,
covenants and warrants to CRA, as of the Effective Date and as of the Closing Date, as follows:
11.2. Authority. The execution and delivery of this Agreement by SELLER and
the consummation by SELLER of the transaction contemplated by this Agreement are within
SELLER'S capacity and all requisite action has been taken to make this Agreement valid and
binding on SELLER in accordance with its terms. The person executing this Agreement on
behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this
Agreement represents a valid and binding obligation of SELLER.
11.3. Title. SELLER is and will be on the Closing Date, the owner of valid,
good, marketable and insurable fee simple title to the Property, free and clear of all liens,
encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances
of record which will be discharged at Closing).
12. DEFAULT.
12.1. Purchaser's Default. In the event that this transaction fails to close due to
a wrongful refusal to close or default on the part of CRA, subject to the provisions of Paragraph
12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow
Agent to SELLER as agreed liquidated damages and, thereafter, neither CRA nor SELLER shall
have any further obligation or liabilities under this Agreement, except for those expressly
provided to survive the termination of this Agreement; provided, however, that CRA shall also
be responsible for the'removal of any liens asserted against the Property by persons claiming by,
through or under CRA, but not otherwise. CRA and SELLER acknowledge that if CRA defaults,
6
PURCHASE AGREEMENT
Page 7 of 14
SELLER will suffer damages in an amount which cannot be ascertained with reasonable
certainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent
most closely approximates the amount necessary to compensate SELLER. CRA and SELLER
agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture
prOVISIOn.
12.2. Seller's Default. In the event that SELLER shall fail to ful1y and tiinely
perform any of its obligations or covenants hereunder or if any of SELLER'S representations are
untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement,
CRA may, at its option: (1) declare SELLER' in default under this Agreement by notice
delivered to SELLER, in which event CRA may terminate this Agreement and demand that the
Deposit be returned, including all interest thereon if any, in accordance with Section 3 and
neither Party shall have any further rights hereunder or (2) seek specific performance of this
Agreement, without waiving any action for damages.
12.3. Notice of Default. Prior to declaring a default and exercising the remedies
described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party
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:
Richard & Linda Emilcar
3070 SE 1 st Place
Boynton Beach, Florida 33435-8213
If to Buyer:
Boynton Beach Community Redevelopment Agency
915 S. Federal Highway
Boynton Beach, FL 33435
PH: 561/737-3256
FX: 561/737-3258
With a copy to:
James A. Cherof
CRA Attorney
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
7
PURCHASE AGREEMENT
Page 8 of 14
PH: 954/771 -4500
FX: 954/771 -4923
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 int~rest in this Agreement
without the prior written consent of CRA, which shall not be umeasonably withheld. CRA 'sllall
have the right to assign this Agreement to the City of Boynton Beach (the "City") without the
prior consent of SELLER and the CRA shall be released from any further obligations and
liabilities under this Agreement. The CRA may not assign this Agreement to any other party
without the prior written approval of SELLER, which shall not unreasonably withheld. If CRA
has been dissolved as an entity while this Agreement and/or the attached Lease Agreement are in
effect, the provisions of section 163.357(1), Florida Statutes, (as it may be amended from time to
time), shall apply.
15. BROKER FEES. The SELLER hereby states that he has dealt with Frank
Chirkinian of Presidential Realty in connection with the transaction contemplated by this
Agreement and is liable for a sales commission in the amount of six (6) percent of the sales
price. SELLER shall indemnifY, defend and hold harmless the CRA from and against any and all
claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any
kind or character arising out of or resulting from any agreement, arrangement or understanding
alleged to have been made by SELLER on its behalf with any broker or finder in connection with
this Agreement. The provisions of this Section shall survive Closing or termination of this
Agreement.
16.0 Environmental Conditions.
16.1. For purposes of this Agreement, pollutant ("Pollutant") shall mean any
hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant,
petroleum, petroleum product or petroleun1 by-product as defined or regulated by environmental
laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of
such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal,
state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions.
16.1.1 As a material inducement to CRA entering into this Agreement, SELLER
hereby warrants and represents the following, as applicable:
(1) That SELLER and occupants of the Property have obtained and are
in full compliance with any and all pennits regarding the Disposal of Pollutants on the Property or
contiguous property owned by SELLER, to the best of SELLER' knowledge.
(2) SELLER is not aware nor does it have any notice of any past,
present or future events, conditions, activities or practices which may give rise to any liability or
form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the
Property. SELLER is not aware nor does it have any notice of any past, present or future events,
conditions, activities or practices on contiguous property that is owned by SELLER which may
8
PURCHASE AGREEMENT
Page 9 of 14
give rise to any liability or form a basis for any claim, demand, cost or action relating to the
Disposal of any Pollutant affecting the SELLER property.
(3) There is no civil, criminal or administrative action, suit, claim,
demand, investigation or notice of violation pending or, to the best of that entity's knowledge,
threatened against SELLER or the Property relating in any way to the DisPQS;ll of Pollutants on .the
Property, any portion thereof, or on any contiguous property owned by SELLER. '. ..'
16.2 Additional Warranties and Representations of SELLER. As a material
inducement to CRA entering into this Agreement, SELLER, to the best of SELLER' information
and belief, hereby represents and warrants the following:
16.2.1 There are no pending applications, permits, petitions, contracts, approvals,
or other proceedings with any governmental or quasi-governmental authority, including but not
limited to, CRA, municipalities, counties, districts, utilities, and/or federal or state agencies,
concerning the use or operation of, or title to the Property or any portion thereof and SELLER has
not granted or is not obligated to grant any interest in the Property to any of the foregoing entities.
16.2.2 There are no facts believed by SELLER to be material to the use, condition
and operation of the Property in the manner that it has been used or operated, which it has not
disclosed to CRA herein, including but not limited to unrecorded instruments or defects in the
condition of the Property which will impair the use or operation of the Property in any manner.
16.2.3 To the best of SELLER' knowledge, the Property and the use and operation
thereof are in compliance with all applicable county and governmental laws, ordinances,
regulations, licenses, permits and authorizations, including, without limitation, applicable zoning
and environmental laws and regulations.
16.3 SELLER Deliveries.
SELLER shall deliver to eRA the following documents and instruments within ten
(10) days of the Effective Date of this Agreement, except as specifically indicated:
16.3.1 Copies of any reports or studies (including engineering, environmental, soil
borings, and other physical inspection reports), in SELLER' possession or control with respect to
the physical condition or operation of the Property, if any.
16.3.2 Copies of all licenses, variances, waivers, permits (including but not
limited to all surface water management permits, wetland resource permits, consumptive use
pern1its and environmental resource permits), authorizations, and approvals required by law or
by any governmental or private authority having jurisdiction over the Property, or any portion
thereof (the "Governmental Approvals"), which are material to the use or operation of the
Property, if any.
16.3.3 Prior to the Closing Date, SELLER shall execute and deliver to CRA any
and all documents and instruments required by CRA, in CRA's sole and absolute discretion,
which: (i) effectuate the transfer to CRA of those Governmental Approvals, or portions thereof
9
PURCHASE AGREEMENT
Page J 0 of 14
which are applicable to the Property, that CRA desires to have assigned to it, and/or (ii) cause the
Property to be withdrawn from any Governmental Approvals. No later than thirty (30) days prior
to the Closing Date, SELLER shall remedy, restore, and rectify any and all violations of the
Governmental Approvals (including but not limited to any and all portions of the surface water
management system, mitigation areas or other items which do not comply with the
Governmental Approvals or applicable rules), if any. SELLER warrants that there will notb~< at ,
the time of Closing, any unrecorded instruments affecting the title to the Property, including, but '"
not limited to any conveyances, easements, licenses or leases.
17. MISCELLANEOUS.
17.1. General. This Agreement, and any amendment hereto, may be executed in
any number of counterparts, each of which shall be deemed to be an original and all of which
shall, together, constitute one and the same instrument. The section and paragraph headings
herein contained are for the purposes of identification only and shall not be considered in
construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire
Section, unless otherwise specified. No modification or amendment of this Agreement shall be
of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire
agreement between the Parties relating to the Property and all subject matter herein and
supersedes all prior and contemporaneous negotiations, understandings and agreements, written
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 Com1 of Florida.
17.2. Computation of Time. Any reference herein to time periods which are not
measured in Business Days and which are less than six (6) days, shall exclude Saturdays,
Sundays and legal holidays in the computation thereof. Any time period provided for in this
Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the
next full Business Day. Time is of the essence in the performance of all obligations under this
Agreement. Time periods commencing with the Effective Date shall not include the Effective
Date in the calculation thereof.
17.3. Waiver. Neither the failure of a party to insist upon a strict performance
of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance
of any item by a paliy 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.
10
PURCHASE AGREEMENT
Page ] ] of] 4
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 s1.JJvive the Closing s~all
not merge into the Deed. _
17.5. Severability. If any provision of this Agreement or the application thereof
shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this
Agreement nor the application of the provision to other persons, entities or circumstances shall
be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The
provisions of this Section shall apply to any amendment of this Agreement.
17.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement
and initialed by CRA and SELLER shall control all printed provisions in conflict therewith.
17.7 Waiver of Jury Trial. As an inducement to CRA agreeing to enter into this
Agreement, CRA and SELLER hereby waive trial by jury in any action or proceeding brought by
either party against the other party pertaining to any matter whatsoever arising out of or in any way
connected with this Agreement.
17.8. Attorneys Fees and Costs. Should it be necessary to bring an action to
enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including
those at the appellate level, shall be awarded to the prevailing party.
17.9 Binding Authority. Each party hereby represents and warrants to the other
that each person executing this Agreement on behalf of the CRA and SELLER has full right and
lawful authority to execute this Agreement and to bind and obligate the party for whom or on
whose behalf he or she is signing with respect to all provisions contained in this Agreement.
17.10 Recording. This Agreement may be recorded in the Public Records of
Palm Beach County, Florida.
17.11 Survival. The covenants, warranties, representations, indemnities and
undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and
recording of the SELLER Property Deed and CRA' s possession of the Property.
17.12 SELLER 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.
11
PURCHASE AGREEMENT
Page 12 of 14
12
PURCHASE AGREEMENT
Page 13 of] 4
date.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective
SELLER;g:_ 3V-O(SELLER
/(/('~c:;~vd E~llc.uR. l,/tIjp E?u)C7:IYL ff- 5CJ:~e})~' >. "
Print Name: Richard Emilcar
Print Name: Linda Emilcar
Witnesses; J3 \ \\ wui tl L'<'<\ \ \ r 0. r Witnesses: -f'/odL: VJ if F: h4/Lt..JJ..A
~\..F\.'l'\.er\C\. ~~\..\s a...." NvrJL:y\/2 >t,'V\'\.n_e.t:J\A.
Print Name Print Name
BOYNTON BEACH
COMMUNITY REDEVELOPMENT
AGENCY
By:
Print Name: Jerry Taylor, CRA Chairperson
Witnesses:
Print Name
Approved as to fOlm and legal sufficiency:
eRA Attorney
I:\Client Documents\Boynton Beach eRA \pf Russo\Misc\PuTchase Agreell1entdoc
13
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APPRAISAL OF
A DUPLEX BUILDING
LOCATED AT
511 NORTHEAST 1ST STREET
BOYNTON BEACH, FLORIDA
RICHARD & LINDA EMILCAR, OWNER
FOR
BOYNTON BEACH COMMUNI1Y REDEVELOPMENT AGENey
BY
ROBERT B. BANTING, MAl, SRA
STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER RZ4
AND
NUCHELLEJ.JACKSON
STATE-REGISTERED TRAINEE REAL ESTATE APPRAISER RI15929
WITH
ANDERSON & CARR, INC.
521 SOUTH OLIVE AVENUE
WEST PALM BEACH, FLORIDA 33401
DATE OF VALUE: AUGUST 13, 2007
DATE OF INSPECTION: AUGUST 13, 2007
DATE OF REPORT: AUGUST 21,2007
FILE NO.: 270500.000
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ROBERT B. BANTING, MAl, SRA, PRESIDENT
State.Certified General Real Estate Appraiser RZ4
FRANK J. CARDO, MA], VICE PRESIDENT
State-Certified General Real Estate Appraiser RZl190
~()I:l?S()~ & (:Al?l2. I~(:.
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< Appraisers. Realtors )))>)>>>)> >))))))))))>))))))))))>>)))))) >))))) >)))>>)) >))))>)) >) >))))> >) >)))
52] SOUTH OLIVE A VENUE
\VEST PALM BEACH, FLORIDA 3340] -5907
www.andersoncarr.com
Telephone (561) 833-]66]
Fax (561) 833-0234
August 21, 2007
Qyauty 0ef'VJce 6ince 1947
Michael Simon
Development Manager
Boynton Beach community Redevelopment Agency
915 South Federal Highway
Boynton Beach, Florida 33435
Dear Mr. Simon:
Pursuant to your request, we have personally appraised the real property located at 511 Northeast 1st
Street in Boynton Beach, Florida. The purpose of this appraisal is to estimate the market value, fee
simple estate, of the subject property, as of August 13, 2007, the date of inspection. The intended use of
the report is for possible acquisition purposes. The intended user of the report is the client, the Boynton
Beach eommunity Redevelopment Agency.
The subject property currently consists of three rental units in one building situated along the west side of
Northeast 1't Street which is east of 1-95 and north of Boynton Beach Boulevard in Boynton Beach,
Florida. The zoning for the subject property does not allow for three rental units, as it is currently being
used, therefore, the subject property is being appraised as a two-unit duplex property.
Originally, the subject property was used as a single family residence. When the current owner purchased
the property in 2003, he enclosed what appears to be a garage and converted this space into an efficiency
type unit. This unit will be referred to in this report as Unit Two. Unit Two has a combined living and
kitchen area, separate bedroom and one full bathroom.
The main residence originally had three bedrooms and one bathroom with a separate living room and
kitchen. One of the bedrooms is now being used as the third rental unit, leaving the main residence with
two bedrooms. This unit will be referred to in this report as Unit One.
Unit Three is at the rear of the building and includes a bedroom from the main residence as previously
stated and an additional room that is referred to as a cabana by the Palm Beach County Property
Appraiser's office. The property owner said he added a bathroom, kitchenette and an exterior entrance
door in this cabana to make it an additional rental unit. This unit will be referred to in this report as Unit
Three.
As the bedroom in Unit Three still has the interior door to the hallway of the main residence, it is
reasonable to assume these two units could be combined to create the duplex scenario that is necessary to
complete this appraisal assignment. Under this scenario, Unit One would contain three bedrooms, two
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A~()~l?\()~ & CAl?l?!J I~C.
Michael Simon
Development Manager
Boynton Beach Community Redevelopment Agency
August 21, 2007
bathrooms and have a bonus room.
The total square footage of gross living area for the subject property is
approximately 1,528 square feet. Unit One, under the duplex scenario has
approximately 1,099 square feet and Unit Two has approximately 429 square
feet.
The rental information obtained from the property owner is as follows for the
three units currently rented: Unit One $1,OOO/month, Unit Two $600/month and
Unit Three $550/month. All of these rents include all utilities. The building
was originally constructed in 1956 and has had recent renovations and additions
to create the existing conditions. The building is in above average condition as
the renovations and additions have been recently completed. The landscaping
was minimal with no apparent irrigation system, however it appears to be well
maintained. There appears to be adequate parking with a concrete driveway.
The property is composed of one platted lot which totals approximately 6,508
square feet or .15 acres. It is currently zoned R2, Single or Two-Family Dwelling
Units by the City of Boynton Beach. The underlying land u~e is Residential
Medium Density.
We have utilized the Income Capitalization Approach and the Sales
Comparison Approach to value the property. We analyzed the property as
improved and as if vacant.
The analysis indicates that the highest and best use of the property is for
continued rental purposes with additional development if assembled with
adjoining parcels.
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, and limiting conditions set forth in the attached
report, as of August 13, 2007, was:
lWO HUNDRED TWENTY THOUSAND DOLLARS
($220,000)
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A~()I]~~()~ & CA.l?l?!> I~C.
Michael Simon
Development Manager
Boynton Beach Community Redevelopment Agency
August 21, 2007
The following presents a complete appraisal in a summary report. This letter.
must remain attached to the report, which contains 51 pages plus related
exhibits, 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,
Robert B. Banti, , SRA
S~;~d Genera~ :eal= Apprniser RZA
MichelleJ. Jacdn ~ ~
State Registered Trainee Real Estate Appraiser RI15929
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East Side-West Side-Seas'lde Rena',ssance
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: September 11,2007
AGENDA ITEM:
I Consent Agenda
Old Business I x I
New Business
Public Hearing
Other
SUBJECT: Consideration of Burkey Risk Services, Inc. Insurance Proposal for FY 2007 - 2008
SUMMARY: CRA property acquisitions, including the marina, have risen substantially in the past
fiscal year. The acquisitions have resulted in the need for a comprehensive review and adjustment of
insurance coverages. Accordingly, an RFQ was issued to select a Broker of Records to provide
comprehensive insurance services to the CRA.
In response to the RFQ, the CRA received proposals from two firms:
· Burkey Risk Services, Inc
· Arthur J. Gallagher & Co.
Upon review and evaluation of the proposals by the selection committee (Susan Harris; Chuck
Magazine, City of Boynton Beach; and Nancy Bolton, Director of Palm Beach County's Risk
Management Department) it was decided that the incumbent, Burkey Risk Services, Inc. be selected as
the CRA's Broker of Record.
FISCAL IMPACT: $105,375 from FY 2007 - 2008 (Budgeted Line Item 01-51410)
RECOMMENDATIONS: Approve insurance proposal.
~#~
Susan Harris
Finance Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 09 11 CRA Baord Meeting - September\lnsurance RFQ.doc
._ Burkey
., ...'. 1';- I '!'!.~N ~e,:!!~~~
AN
INSURANCE PROPOSAL
PREPARED FOR:
October 1,2007-08
Sharon L. Pollis, CIC
Gail J. McNamara, AlA, CIC
Karen Ann Loper
This presentation is designed to give you an overview of the insurance coverages we recommend for your company. It is
meant only as a general understanding of your insurance needs and should not be construed as a legal interpretation of the
insurance policies that will be written for you. Please refer to your specific insurance contracts for details on coverages,
conditions and exclusions.
Boynton Beach Community Redevelopment
October 1, 2007-08
~BuTkey .
~- ,'!'!w~N~e~!!~~~
Core Values and Foundation
Philosophy
The Burkey Risk Services approach to insurance is built on our core values of integrity,
professionalism, trust and our constant dedication to understanding and providing
comprehensive risk management solutions based on our client's specific needs.
Our Vision
Being a leading provider of quality insurance and risk management solutions that will both
reduce our clients' long-term risk exposures and increase their bottom-line.
Our Mission Statement
· Exceed our client's expectations and earn their respect through our commitment to
differentiate ourselves from the competition
· Build long-term relationships
· Provide the most advanced risk reducing services
· Dedicated to being a great company to work for
· Constantly improve through continued education and
· Uphold our integrity and values so we never lose si2ht of what is ri2ht
This presentation is designed to give you an overview of the insurance coverages we recommend for your company. It is
meant only as a general understanding of your insurance needs and should not be construed as a legal interpretation of
the insurance policies that will be written for you. Please refer to your specific insurance contracts for details on
coverages, conditions and exclusions
8/28/2007
2
Boynton Beach Community Redevelopment
October 1, 2007-08
LOCATION & STATEMENT OF VALUES
915 S. Federal Highway, Boynton Beach
Contents: $80,000
127 E. Ocean Avenue, Boynton Beach
Building: $1,500,000
700 Casa Loma Blvd, Boynton Beach
Marina Building: $350,000
Docks & Seawalls: $500,000
211 E. Ocean Avenue, Boynton Beach
Building: $400,000
This presentation is designed to give you an overview of the insurance coverages we recommend for your company. It is
meant only as a general understanding of your insurance needs and should not be construed as a legal interpretation of
the insurance policies that will be written for you. Please refer to your specific insurance contracts for details on
coverages, conditions and exclusions
8/28/2007
3
Boynton Beach Community Redevelopment
October 1,2007-08
PROPOSED PROPERTY COVERAGES
Description of Property:
Limits of Covera2e:
Building
Personal Property
Business Income
$2,830,000
$ 80,000
$ 230,000
Description of Covera2e:
Cause of Loss - Special Form
Replacement Cost Coverage - Property is on a replacement cost basis. No depreciation will be
calculated in settlement of a claim.
Deductibles:
$10,000
5%
Per Occurrence Building & Contents & Extensions of Coverage
Windstorm & Hail Deductible subject to Minimum of $30,000
This presentation is designed to give you an overview of the insurance coverages we recommend for your company. It is
meant only as a general understanding of your insurance needs and should not be construed as a legal interpretation of
the insurance policies that will be written for you. Please refer to your specific insurance contracts for details on
coverages, conditions and exclusions
8/28/2007
4
Boynton Beach Community Redevelopment
October 1,2007-08
PROPOSED PROPERTY COVERAGE - cont'd.
Extensions of Covera2e:
Accounts Receivable
Debris Removal
Demolition, Ordinance & Increased Cost of Construction
Fire Department Charges
Fungus Cleanup Expenses
Lawn, Plants, Trees & Shrubs
New Locations
Personal Property of Employees
Pollution Cleanup Expense
Recertification
Service Interruption Coverage
Transit
Errors & Omissions
$250,000
$250,000
$250,000
$25,000
$2,500/$10,000
$25,000
$1,000,000
$25,000/$50,000
$50,000/$50,000
$10,000
$100,000
$250,000
$15,000
PROPERTY VALUATION DISCLAIMER
The property values illustrated are estimates based upon the information you have furnished. Burkey Risk Services,
Inc. assumes no responsibility for the accuracy of these values. If your property is underinsured you could incur a
penalty in the event of a loss. If you are not sure of the accuracy of the values stated, a property appraisal should be
obtained from a qualified, licensed real estate appraiser
This presentation is designed to give you an overview of the insurance coverages we recommend for your company. It is
meant only as a general understanding of your insurance needs and should not be construed as a legal interpretation of
the insurance policies that will be written for you. Please refer to your specific insurance contracts for details on
coverages, conditions and exclusions
8/28/2007
5
Boynton Beach Community Redevelopment
October 1,2007-08
PROPOSED INLAND MARINE
WiFi Equipment - Per Schedule on file
$48,000
8 x 20 Combo Security Office
$15,000
Valuation:
Actual Cash Value
Deductible:
$1 ,000
This presentation is designed to give you an overview of the insurance coverages we recommend for your company. It is
meant only as a general understanding of your insurance needs and should not be construed as a legal interpretation of
the insurance policies that will be written for you. Please refer to your specific insurance contracts for details on
coverages, conditions and exclusions
8/28/2007
6
Boynton Beach Community Redevelopment
October 1,2007-08
PROPOSED ELECTRONIC DATA PROCESSING COVERAGE
Description of Covera2e:
Electronic Data Processing Equipment Form
Risks of physical loss subject to policy terms, conditions, and exclusions.
Description of Property:
Limit of Insurance:
Electronic Data Processing Limit
Hardware
Software
Extra Expense
Business Income
Computer Virus
Theft
Duplicates
Transit / Off Premises
Debris Removal
Wind
Flood
Newly Acquired Properly
Newly Acquired Locations
$77,000
$45,000
$22,000
$10,000
$10,000
Excluded
$ 5,000
Excludes
$25,000
$50,000
$10,000
$10,000
$50,000
$50,000
Deductible:
$ 1,000
10% Wind & Flood Minimum of $2,500
This presentation is designed to give you an overview of the insurance coverages we recommend for your company. It is
meant only as a general understanding of your insurance needs and should not be construed as a legal-interpretation of
the insurance policies that will be written for you. Please refer to your specific insurance contracts for details on
coverages, conditions and exclusions
8/28/2007
7
Boynton Beach Community Redevelopment
October 1,2007-08
PROPOSED LIABILITY COVERAGES
Commercial General Liabilitv Limits:
Bodily Injury and Property Damage Limit
Personal Injury & Advertising Injury
Products/Completed Operations Aggregate Limit
General Aggregate Limit
$5,000,000
Included
Included
$5,000,000
Employee Benefits Liability Limit, per person
Employee Benefits Liability Limit Aggregate Limit
$5,000,000
$5,000,000
Retroactive Date
Fire Damage Limit
No Faulty Sewer Backup Limit
General Liability Deductible
$ 50,000
Not Included
$0
Public Officials Liabilitv Limits:
Public Officials Liability Limit
Per Claim
Aggregate
Deductible
$5,000,000
$5,000,000
$
5,000
This presentation is designed to give you an overview of the insurance coverages we recommend for your company. It is
meant only as a general understanding of your insurance needs and should not be construed as a legal interpretation of
the insurance policies that will be written for you. Please refer to your specific insurance contracts for details on
coverages, conditions and exclusions
8/28/2007
8
Boynton Beach Community Redevelopment
October 1,2007-08
PROPOSED EMPLOYMENT RELATED PRACTICES
Limits of Liabilitv:
$5,000,000
$5,000,000
$5,000,000
Per Person
Per Occurrence
Aggregate
Deductible:
$5,000
Per Claim
This presentation is designed to give you an overview of the insurance coverages we recommend for your company. It is
meant only as a general understanding of your insurance needs and should not be construed as a legal interpretation of
the insurance policies that will be written for you. Please refer to your specific insurance contracts for details on
coverages, conditions and exclusions
8/28/2007
9
Boynton Beach Community Redevelopment
October 1,2007-08
PROPOSED SPECIAL EVENTS LIABILITY COVERAGES
Commercial General Liabilitv Form
Each Occurrence
General Aggregate
Products/Completed Operations Aggregate
Personal Injury & Advertising Injury
Damage to Premises Rented to You Limit
Medical Expense
$1,000,000
None
$5,000,000
$1,000,000
$ 300,000
Excluded
Additional Covera2es:
Volunteer Medical Payments
Liquor Liability - Each Common Cause
Liquor Liability - Aggregate
$ 10,000
$1,000,000
$1,000,000
Schedule of Events:
Holiday Extravaganza - December 2007
Heritage Festival- February 2007
July 4th Celebration 2008
Four (4) Ocean Front Concerts - January March April May 2008
All other events must be reported
This presentation is designed to give you an overview of the insurance coverages we recommend for your company. It is
meant only as a general understanding of your insurance needs and should not be construed as a legal interpretation of
the insurance policies that will be written for you. Please refer to your specific insurance contracts for details on
coverages, conditions and exclusions
8/28/2007
10
Boynton Beach Community Redevelopment
October 1,2007-08
PROPOSED AUTOMOBILE COVERAGE
Tvpe of Form:
Svmbol
Liability
8,9
Limits of Liabilitv:
Non-Owned/Hired Auto Liability
$ 5,000,000
Combined Single Limit
This presentation is designed to give you an overview of the insurance coverages we recommend for your company. It is
meant only as a general understanding of your insurance needs and should not be construed as a legal interpretation of
the insurance policies that will be written for you. Please refer to your specific insurance contracts for details on
coverages, conditions and exclusions
8/28/2007
11
Boynton Beach Community Redevelopment
October 1,2007-08
PROPOSED CRIME COVERAGES
Tvpe of Covera2e:
Employee Dishonesty
$1,000,000
$1,000,000
$10,000 Deductible
$10,000 Deductible
Computer Fraud
This presentation is designed to give you an overview of the insurance coverages we recommend for your company. It is
meant only as a general understanding of your insurance needs and should not be construed as a legal interpretation of
the insurance policies that will be written for you. Please refer to your specific insurance contracts for details on
coverages, conditions and exclusions
8/28/2007
12
Boynton Beach Community Redevelopment
October],2007-08
SUMMARY OF PROPOSED PREMIUMS
Property
Inland Marine
Electronic Data Processing
Liability Coverages
Special Events Liability
Automobile Insurance
Employment Practices
Crime
Agency Fee
$
$
$
$
$ 3,218.75
Included
$ 7,735.00
$ 990.81
$ 11,112.00
53,131.00
1,965.00
1,224.88
14,954.00
Total Premium
$ 94,331.44
This presentation is designed to give you an overview of the insurance coverages we recommend for your company. It is
meant only as a general understanding of your insurance needs and should not be construed as a legal interpretation of
the insurance policies that will be written for you. Please refer to your specific insurance contracts for details on
coverages, conditions and exclusions
8/28/2007
13
Boynton Beach Community Redevelopment
October 1,2007-08
THE INSURANCE COMPANY PROVIDING COVERAGE HAS
THE FOLLOWING A.M. BEST* FINANCIAL RATING:
Preferred Governmental Insurance Trust
Hartford Steam Boiler
Great American Assurance Company
Travelers Casualty & Surety Company
BEST'S KEY RATING GUIDE
A++: X
A: XIV
A+: XV
The Best's rating indicates the overall performance of an insurance company by evaluating the
company's financial strength, operating performance and ability to meet its obligations to policy
holders.
SECURE RATINGS
A++, A+..........................................
A, A - ...... .. . . .. .. . .. . .. . .. . . .. . .. . .. .. . .. . .. . .. .
B++, B+..........................................
VULNERABLE RATINGS
B, B-........ ... ... ... ... ... ... ... ... ... ... .........
C++, C+...... ... ... ...... ... ... ... ... ...... ......
C, C-..... .. . .. .. .. .. . .. .. .. . .. . .. . .. .. . .. . .. . . .. .. .
D...................................................
E....................................................
F................................................... .
S................................................... .
Superior
Excellent
Very Good
Fair
Marginal
Weak
Poor
Under State Supervision
In Liquidation
Rating Suspended
Coverage(s) written with a surplus lines company are not subject to the protection and benefits of
the Florida Insurance Guaranty Association.
This presentation is designed to give you an overview of the insurance coverages we recommend for your company. It is
meant only as a general understanding of your insurance needs and should not be construed as a legal interpretation of
the insurance policies that will be written for you. Please refer to your specific insurance contracts for details on
coverages, conditions and exclusions
8/28/2007
14
Boynton Beach Community Redevelopment
October 1,2007-08
CLIENT AUTHORIZATION TO BIND COVERAGE
After careful consideration of your Insurance Program dated
your insurance program subject to the following exceptions/changes:
Exceptions:
, we accept
It is understood this proposal provides only a summary of details; the policies will contain the
actual coverages.
If any policy is subject to a Minimum Earned Premium (25% of Premium plus applicable taxes
and fees), by signing below you acknowledge and accept responsibility for the full amount of the
earned premium and agree to pay the earned premium Immeaiately upon demand from Burkey
Risk Services, Inc.
Client Signature
Date
This presentation is designed to give you an overview of the insurance coverages we recommend for your company. It is
meant only as a general understanding of your insurance needs and should not be construed as a legal interpretation of
the insurance policies that will be written for you. Please refer to your specific insurance contracts for details on
coverages, conditions and exclusions
8/28/2007
15
Boynton Beach Community Redevelopment
October I, 2007-08
Flood Insurance SelectionlReiection Form
Standard property policies including but not limited to homeowners policies, dwelling policies,
or commercial property insurance policies exclude coverage for flooding events. As your
insurance agent, we strongly recommend that you purchase flood insurance.
Your office is located in Flood Zone C. The annual premium would be $231.00
I understand that flood insurance coverage is available for the property located at the address
below. I make the elections or rejections for coverage as indicated below. I also understand that
my election and/or rejection of this coverage will apply to all future renewals, continuations, and
changes unless I notify my insurance agency otherwise in writing.
Tvpe Covera2e
Accept
Reiect
Contents/Personal Property
Applicant's Signature
Date
915 South Federal Highway, Boynton Beach, Fl33435
Address of Property
Agent/CSR Signature
Date
This presentation is designed to give you an overview of the insurance coverages we recommend for your company. It is
meant only as a general understanding of your insurance needs and should not be construed as a legal interpretation of
the insurance policies that will be written for you. Please refer to your specific insurance contracts for details on
coverages, conditions and exclusions
8/28/2007
16
~qY~T8~ eRA
East Side-West S',de-Seaside Rena',ssance
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: Septemberl1,2007
I Consent Agenda I
Old Business I X I
New Business
Public Hearing
Other
SUBJECT: Consideration of a Direct Incentive Funding Agreement for the Eastside Lofts Project
SUMMARY: The representative for Eastside Lofts Development, LLC, James Sieffert, is requesting
assistance from the CRA for the project, Eastside Lofts. The proposed project is a small mixed-use
building located at 623 S. Federal Highway and will contain 48 residential units and 3,000 sq. ft. of
commercial space,
The developers propose to make 25% or 12 units affordable. The prices of the affordable units will
range from $185,000 for a one bedroom to $280,000 for a two bedroom. If the Board directs staff to
begin negotiation on a Direct Incentive Funding Agreement with Eastside Lofts, staff will ensure that
through the agreement, the price of the 12 units will be set to ensure affordability.
FISCAL IMPACT: None at this time,
RECOMMENDATIONS: Direct staff and legal counsel to begin negotiations with Eastside Lofts
Development LLC to draft a Direct Incentive Funding Agreement to be brought back to the Board at a
future date.
~~~
Vivian L. Brooks
Assistant Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 09 11 CRA Baord Meeting - September\Eastside Lofts DIFA.doc
Eastside Lofts [)evelopment, LLC
110 E. Broward Blvd., Ste. 1700
Ft. Lauder,jale, FJ. 33301
Phone (954) lts4-31 00, Fax (954) 788-8203
City Of Boynton Beach
Community Redevelopment Agency
Vivian Brooks
915 S. Federal Highway
Boynton Sch., FL 33435
August 31, 2007
Re: Eastside Lofts
623 S. Federal Hwy.
Dear Vivian,
The intent of this correspondenc:e is to formally request Direct Incentive
Financing Agreement (DIFA) incentive:~ with the eRA for the above mentioned
project. Incorporating this DIFA incentive will allow us to 8ell25% of the
residential component as Workforce H:>using, The project consists of 48
residential units which will vary in size frClm 913 to 1571 sf and include 3096 sf of
retail space. In addition, amenities for tho project will include a pool and
clubhouse.
If you need additional informatie,n or have questions please feel free to
contact me at the following number (9€004) 784-3100. Thank you in advance for
your consideration and interest.
Hl 39t'd
Pll6LEE199
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, East Side-West S',de-Seaside Rena',ssance
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: September 11,2007
AGENDA ITEM:
I I Consent Agenda
Old Business I X I
New Business
Public Hearing
Other
SUBJECT: 4th of July "Salute to Independence" - Fireworks by Grucci contract approval
SUMMARY: The City's 4th of July celebration was a very positive experience this year with
Fireworks by Grucci as our fireworks vendor. We had no response to the RFP and were very fortunate
to secure a world famous company at the last minute. We have an opportunity to sign a 5 year contract
with discounts in the first 3 years. The document is attached.
The Boynton Beach Fire Department was impressed that Fireworks by Grucci surpassed their
expectations in all areas and has requested that the same crew be used again next year. Additionally the
barge owner that we used this year was very happy to work with the Grucci's and would like to continue
the relationship.
FISCAL IMPACT:
FY 2007 - 2008 = $50,000 (Budgeted Line Item 57500-219)
FY 2008 - 2009 = $50,000
FY 2009 - 2010 = $50,000
FY 2010 - 2011 = $50,000
FY 2011 - 2012 = $50,000
RECOMMENDATIONS: Staff recommends that the CRA enters into a 5 year contract with
Fireworks by Grucci.
'-'~&d
"
Kathy BiscuiV
Special Events Manager
T:\AGENDAS. CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 09 11 CRA Baord Meeting - September\Grucci Fireworks.doc
**********************************************************************
* *
: This agreement dated August 30, 2007 consisting of three (3) pages is for a :
* . *
t 2 FIreWorks Performance Contract -:
: 3 Between: Fireworks by Grucci, Inc, And: Boynton Beach Comm. Redevelopment Agency :
* 4 One Grucci Lane 915 Federal Highway :
: 5 Brookhaven, NY 11719 Boynton Beach, FL 33435 *
* 6 Tel: 631-286-0088 561-737-3256 :
: 7 Fax: 9036 3258 *
* 8 *
* *
* 9 I. AGREEMENT: *
: IO Whereas both Fireworks by Grucci, herein referred to as Grucci and the Boynton Beach Community :
: I] Redevelopment Agency, herein referred to as Sponsor agree that Grucci shall pending receipt of all :
* ] 2 required permits, signed contract and payment in full, produce and display fIreworks on a Barge on the *
: 13 Intracoastal Waterway off Intracoastal Park, 2240 North Federal Highway, Boynton Beach, FL as :
*]4 follows: *
* *
* ]5 *
** Time of Duration Class of Fireworks Total Fireworks **
Date Discount
* Display (minutes) Fireworks Contract Performance Contract *
: July 4, 2008 9:00 pm 18 - 19 National $50,000.00 $12,000.00 $38,000.00 :
: July 4, 2009 18 -19 National $50,000.00 $8,000.00 $42,000.00 :
* July 4, 2010 18 -19 National $50,000.00 $4,000.00 $46,000.00 *
: July 4, 2011 18 -19 National $50,000.00 $50,000.00:
* July 4, 2012 Initial here 18 -19 National $50,000.00 $50,000.00 *
* 16 *
* *
* 17 II. SERVICE AGREEMENT: *
: 18 The Total Fireworks Performance contract cost above is quoted fob Long Island, New York for :
t ] 9 transportation of personnel, equipment and fIreworks, Services that need to be provided and paid for by :
}{ 20 the sponsor in addition to the transportation and site expenses are as follows: *
: 2] . Security upon arrival until departure at loading and fIring locations. :
: 22 . Provide direct cell phone or 2-way radio communications and to place the barge in the desired fIring :
* 23 location to authorize performance time, Provide equipment, as needed to simulcast or broadcast the *
: 24 music to the audience, :
: 25 . One (1) barge, tug and dockage on July 2nd thru July 5th of each contracted year. :
: 26 . Firework permit fees, fIre department detail and inspections. :
* 27 · Grucci shall provide sponsor with all necessary assistance in obtaining such permit, licensees and *
: 28 approval applicable to this contract performance, (For further information please see item VI. :
* 29 GOVERNMENT PERMITS AND REGULA nONS) *
: 30 :
* 3] III. PAYMENT SCHEDULE: *
: 32 Payment of the Total Fireworks Performance Contract for each contracted year shall be paid by sponsor :
* 33 as follows: *
* *
* 34 a) A reservation deposit of $2,000.00 is due and payable with the return of the signed Fireworks *
: 35 Performance Contract on or before September 15,2007, :
: 36 b) A second deposit of $18,000.00 is due and payable for year 2008 on or before February 1,2008. :
* 37 c) A 50% deposit for years 2009 thru 2012 is due and payable on or before January 1st of each *
: 38 contracted year. :
: 39 d) The balance of 50% for years 2008 thru 2012 is due and payable on or before June 1 st of each :
* 40 contracted year. *
: 4] e) A fee of $200.00, plus 1 1h% interest will be charged to any unpaid balance per month, :
~ * AMERICAS FIRST F AMIL Y OF FIREWORKS * $
~ Fireworks by Grucci, Inc. Office #: (631) 286-0088 :
* One Grucci Lane Fax #: (63]) 286-9036 *
* Brookhaven, NY 117] 9 E-mai]: info@grucci.com *
: Page ] on :
**********************************************************************
**********************************************************************
* *
* *
* *
* *
t 42 IV. CREDITING: ;
; 43 The sponsor agrees to credit Grucci in all event programs, invitations, press release, advertising, ;
; 44 or promotion copy that is within sponsor's authority. ;
* ~ *
; 46 V. RESCHEDULE DATE: ;
* 47 In the event the fireworks performance is rescheduled for any reason, Grucci will reserve the next day *
; 48 accordingly for each contracted year in consideration for a 10% fee per day of the Fireworks ;
; 49 Performance Contract total plus all out of pocket expenses, These costs shall be paid by the sponsor ;
* 50 upon demand. In any event, the sponsor shall be responsible for full contract price and those related *
; 51 costs as stated above. ;
* 52 *
; 53 VI. GOVERNMENT PERMITS AND REGULATIONS ;
; 54 Sponsor shall be solely responsible for obtaining all necessary permits, licensees, and approvals and ;
* 55 shall be responsible for the payment of all government fees, taxes, including but not limited to, sales, *
; 56 use, excise, entertainment, import charges and bonds for such permits, licensees and approvals for the ;
; 57 fireworks performance and the activities undertaken pursuant to this Agreement from the appropriate ;
* 58 federal, state, and local authorities. *
; 59 ;
; 60 This Agreement is subject to all federal, state and municipal laws and regulations now in force or which ;
* 61 may be enacted before the completion of this Agreement. Should any municipal, state or federal law or *
; 62 ordinance be passed which prohibits or restricts the performance or operation of the fireworks ;
* 63 performance described herein, the same shall automatically restrict or limit the fireworks performances *
; 64 described herein accordingly ;
* ~ *
* *
I( 66 In the event the federal government or other governmental authority restricts or prohibits the use of any *
: 67 firework as set forth herein, preventing Grucci from producing a performance as described above, then ;
; 68 in such event, Grucci shall substitute a firework of equivalent entertainment value, such substitution ;
* 69 shall not constitute a reduction in the contract price. *
; 70 ;
; 71 VII. GENERAL PROVISIONS: ;
* 72 a) In the event that Grucci is unable to put on the fireworks performance or part thereof contracted for *
; 73 hereunder because of public emergency or necessity, legal, restrictions, acts of God, inclement ;
* 74 weather or any other reason beyond the control and without the fault of Grucci, then Grucci shall be *
; 75 paid one hundred percent (100%) ofthe contract amount. ;
* ~ *
* *
* 77 b) Once the contract is signed and the performance is then cancelled by the sponsor for any reason, *
; 78 Grucci shall be paid one hundred percent (100%) of the total contract price. ;
* ~ *
* *
* 80 c) Grucci shall not be responsible for any weather or atmospheric conditions that may interfere with the *
; 81 performance or aesthetic quality of the fireworks or the performance, ;
* 82 *
; 83 d) This agreement constitutes the entire Agreement between the parties relating to the subject matter ;
; 84 hereof, and may not be changed, modified, renewed, or extended except by a written agreement, ;
* 85 signed by the party against whom enforcement of change, modification, renewal or extension is *
; 86 sought. ;
* *
* *
* *
t * AMERICAS FIRST FAMILY OF FIREWORKS * $
;. Fireworks by Grucci, Inc. Office #: (631) 286-0088 ;
* One Grucci Lane Fax #: (631) 286-9036 *
* Brookhaven, NY 11719 E-mail: info@grucci.com *
; Page 2 of 3 ;
**********************************************************************
**********************************************************************
* *
* *
* *
* *
* *
* *
* *
* *
* *
* *
* *
* *
:; 87 e) Fireworks by Grucci agrees to procure general liability insurance in the amount of five million :;
:; 88 dollars and to issue form attached hereto, evidencing such insurance and covering the persons and :;
* 89 entities named therein as additional insureds against any claims arising out of the sole negligence of *
:; 90 Fireworks by Grucci, Inc. in excess of$2,500,OO per event. :;
* 91 *
* *
* 92 f) This agreement shall be interpreted in accordance with and the rights of the parties hereto and shall *
:; 93 be determined by, the laws of the State of New York. :;
* ~ *
:; 95 g) Any and all disputes, controversies, actions, claims, or proceedings ansmg under, out of, in :;
:; 96 connection, or relating to the terms of this contract, and amendment thereof, commenced by, between :;
* 97 or against any of the parties to this contract shall be commenced and maintained solely in the courts *
:; 98 of the State New York, and by the signing of this contract all parties hereby submit to this same :;
:; 99 jurisdiction. :;
* 100 *
:; 101 h) By signing this contract the Sponsor agrees to reimburse Grucci for any and all costs including but ~
* 102 not limited to administrative and attorney fees related to any and all disputes, controversies, actions, *
:; 103 claims, and/or proceedings arising under, out of, in connection, or relating to the terms of this ~
:; 104 contract. :;
*lM *
* *
~ 106 To validate this contract, it must be signed and returned :;
* *
~ 107 with the reservation deposit to Grucci on or before ~
* *
~ 108 Septem ber 15, 2007. ~
* 109 *
* *
*110 *
:; III ~
~ 112 ~
* I13 *
* *
* *
* Kathy Biscuiti Date Donna Grucci Butler Date *
~ 114 ~
a 115 Congratulations, you have just purchased the finest fireworks a
:; 116 performance available in the world. ~
* *
* *
* *
* *
* *
* *
* *
* *
* *
* *
* *
a * AMERICAS FIRST FAMILY OF FIREWORKS * a
:: Fireworks by Grucci, Inc. Office #: (631) 286-0088 **
* One Grucci Lane Fax #: (631) 286-9036 *
* Brookhaven, NY 11719 E-mail: info@grucci.com *
:; Page 3 on :;
**********************************************************************
RESERVATION DEPOSIT INVOICE
FIREWORKS BY
FIREWORKS BY GRUCCI, INC.
ONE GRUCCI LANE
BROOKHAVEN, NY 11719
(631) 286-0088
FAX: 9036
DATE: AUGUST 30, 2007
Bill To:
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
915 FEDERAL HIGHWAY
BOYNTON BEACH, FL 33435
INVOICE # 083007
ATTN: KATHY BISCUITI
TEL: 561-737-3256
FAX: 561-737-3258
[-_I~)~~i~~J~~lJ~ i ~~~~::=~~~:~~~21~r~z~~~~=-~~~~;:~:~-:~"J~ -; ~'. ~-~~~~~~~~~~~-=2~~~~ [:::=-Ll~j:M~:~~lI
IN CONSIDERATION FOR PAYMENT OF THE INVOICE, FIREWORKS BY GRUCCI
WILL GUARANTEE AND RESERVE TO PRODUCE FIREWORKS FOR BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY INDEPENDENCE DAY
CELEBRATION, ASSIST YOU IN FILING FORTHE FIREWORKS DISPLAY PERMIT AND
ARRANGE FOR THE LOGISTICAL SUPPORT AS NEEDED.
$2,000.00
As SUCH, THIS PAYMENT IS NOT REFUNDABLE.
PLEASE PREPARE CHECK FOR PAYMENT OF THIS INVOICE WITH THE SIGNED
FIREWORKS PERFORMANCE CONTRACT TO GRUCCI ON OR BEFORE SEPTEMBER
15,2007.
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$2,000.00
AUTHORIZED:
DATE:
23
Page 1 of 1
Bright, Lisa
--om: Simon, Michael
"nt: Friday, August 24, 2007 12:27 PM
To: Brooks, Vivian; Bright, Lisa
Subject: Seat Fees
Hello Lisa & Vivian:
I realize there will be more cities to research and a formal report submitted but I thought you'd like to know Boca's procedures for
seating.
Boca does not charge a seat tax of any kind (inside or outside) for restaurants, They charge a flat $105 fee annually for a
license. Boca Raton even has altered their parking calculation formula to allow an addition 25% customer service area not to be
included in their calculation if the area is used for outside dinning, They also do not include the square footage area of the
restrooms in determining the amount of parking required.
The statement from staff was they want to do everything they can to encourage outside dinning. Additionally, it was stated that
the Boynton tax on seating might place a financial burden, or even be a deterrent, on a newly opening restaurant which would
seem counter productive to redevelopment initiatives,
I will continue my research.
Michael Simon
Development Manager
Boynton Beach eRA
91.... S. Federal Highway
[On Beach, FL 33435
Otr-(561) 737-3256
Fax-(561) 737-3258
9~/j
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5/
08/24/2007
~~Y~T8~ eRA
East Side-West Side-Seaside Rena'lssance
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: September 11,2007
I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUBJECT: Restaurant exemption for Ocean District.
SUMMARY: A primary objective of the CRA is to encourage economic development throughout the
district, but it is essential for the Central Business District. Many business tools such as grants, rent
abatements, exemptions, etc. are typically used to entice and sustain small businesses in our community.
The Ocean District plan identifies Ocean Avenue as a commercial corridor from the Marina area to
Seacrest Boulevard. In support of continual development of the downtown, the agency needs to
implement business tools that support not only existing businesses but also new start-ups. Staff s
research from other municipalities reflects that Boynton's restaurant fees may possibly be preventing our
goal of economic development.
Staff supports a restaurant tax exemption of the Ocean A venue to achieve the agency's goal of a strong
and vibrant downtown.
FISCAL IMPACT: None
RECOMMENDATIONS: Staff recommends the Board requests the City Commission exempt
Ocean Avenue restaurant seat tax.
Lisa Bright
Executive Director
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\0709 11 CRA Baord Meeting - September\Restaurant Seat Tax.doc
Page 2 of2
Good afternoon,
I contacted Ms. Kelly this afternoon to discuss the payment of the Utility Capacity fees for the additional seats at
the restaurant. My math may be off slightly but here is a recap. Ms. Kelly paid for 48 seats when the restaurant
opened up. The payment of the utility cap fee is a one-time fee. There is an additional annual fee paid as part of
the Business Tax of $3.25 (per seat per year). Based on this, Ms. Kelly will need to pay the additional fee for any
additional seats she has placed in the restaurant since the last count by our zoning division. This will be reflected
in the 2008 Business Tax renewal.
According to Ms. Kelly there are 40 seats outside and an additional 12 seats were added inside. I believe this is
the count upon which the Utility Cap Fee needs to be calculated. There is no waiver of the cap fee for inside
seats. Outside seating is can be exempt from the Cap Fee based on seating not being placed or used for a
number specific months a year. I don't have the exact code citation but clearly, Hurricane Alley would not qualify
for the exemption. I also cleared up with Ms. Kelly that former Mayor Broening did not have the authority to waive
the cap fees, nor do I and nor does the City Commission unless the entire code provision was changed.
So, the options are for Ms. Kelly:
1. To pay the Utility Cap Fees for the 52 seats (12 additional inside and 40 outside). The estimate is $8,000, I
bel ieve.
2. To pay the Utility Cap fees over time as has been allowed with other businesses. This can be over an 18-
24 month period.
3. Remove the 40 seats outside and comply with the seasonal exemption; remove or pay for the Utility Cap
fees for the 12 additional seats inside that have been added.
4. To request the CRA to authorize and economic development grant to Hurricane Alley and an adjoining
blJlsiness. The details on this are very early but Ms. Kelly said that she is taking over the store to the east
of her under a lease from the landlord. She plans to open an Ice Cream store that could have 12 seats
inside and 12 outside. She plans on a new awning and some refurbishment of the new leased area. This
may qualify her for a CRA fa9ade grant. Ms. Kelly wants to consider this and I agreed that I would let Lisa
Bright know of this interest.
From Utilities, I need the exact fee for the 40 outside and the 12 inside (break the fees down please).
From CRA, I need an early indication of any grant funds that could be used to meet this obligation and also
facilitate the expansion of the business.
Keep in mind that Hurricane Alley is one of the long-term businesses in the CBD. Ocean Plaza (Mark Fender)
received funding from the CRA for the shopping center refurbishment several years ago. Therefore I am hopeful
that this can be considered. There is a time constraint in that the Utility Cap Fees go up on October so an early
indication from Ms. Kelly and the CRA is needed as to what they wish to do.
My role in this is to gather the facts and put Ms. Kelly in touch with the CRA to see if grant funds can be
considered for some or all of these obligations. If not, then Ms. Kelly will need to pay the City the fees directly
over time via a payment agreement.
Kurt Bressner
Florida has a very broad public records law. Most written communications to or from local officials regarding City business
are public records available to the public and media upon request. Your e-mail communications may therefore be subject to
public disclosure.
08/16/2007
~~~<!Y~T8~lCRA
iii East Side-West Side-Seaside Renaissance
AGENDA ITEM STAFF REPORT
SUBJECT: CRA Lobbyist eontract
I Consent Agenda I
Old Business
New Business
Public Hearing
Other
SUMMARY: Since the CRA's independence from the City in 2002, the City and the CRA
shared the cost of a statewide lobbyist. The CRA shared the cost, but did not develop specific initiatives
for the lobbyist to address in Tallahassee.
In late 2006, the CRA actively pursued eminent domain with several development projects key to the
future of the downtown. The former CRA Board was keenly aware that the loss of such a key economic
development tool, eminent domain, would significantly hamper redevelopment efforts. Unfortunately,
all the lobbying efforts combined were unable to stop the governor from signing the bill into effect
which immediately stopped the program on two key downtown projects: Ocean One and Heart of
Boynton.
Subsequently, the former Board believed that if the CRA had its own lobbyist and pleaded a stronger
case to the governor it might have made a difference. Therefore, staff was directed to secure an agency
lobbyist and maintain financial support to the City's lobbyist as well.
During recent CRA budget discussions staff recommended we continue the agency's relationship with
the both U.S. Strategies (federal) and The Aleksander Group (state) for the agency's initiatives. A board
member has requested the agency consider going back to the City's lobbyist for the state work.
To date, the Board has not made blanket decisions about cross sharing activities between the City and
the CRA. Staff would like clarification from the Board on the lobbyist it wishes to use for its initiatives.
FISCAL IMPACT:
$60,000
RECOMMENDATIONS:
Direct staff to enter into a lobbyist contract.
\
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T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Comp'eted Agenda Item Request Forms by Meeting\FY 2006-2007 Board
Meetings\07 09 11 CRA Baord Meeting - September\Lobbyist Contract.doc
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The Aleksander Group
106 East College Avenue
Suite 600
Tallahassee, Florida 32301
Phone: 850.671.1244 Fax: 561.828.3312
Toll Free: 800.473.0363
Reply To: 850.459.1559
sebastian@aleksandergroup.com
September 1 st, 2007
Lisa A. Bright, Executive Director
Boynton Beach CRA
915 South Federal Highway
Boynton Beach, FL 33435
Re: Continued Legislative Representation
Dear Lisa:
The purpose of this letter is to confirm the agreement between Aleksander Group,
Inc, (the firm) and Boynton Beach CRA relative to the firm's continued services as a
consultant to Boynton Beach CRA. The parties agree as follows:
(1) Services. The firm shall continue to provide consulting services to Boynton
Beach CRA related to Florida legislative and local government issues, as
Boynton Beach CRA may request during the term of the representation
through the following Boynton Beach CRA. representative: Lisa A. Bright.
The firm will not provide services to Boynton Beach CRA under this
agreement if requested by any Boynton Beach CRA representative other than
the foregoing representative.
(2) Term. The representation shall continue on October 1 st, 2007 and terminate
on May 30, 2008, This agreement shall thereafter govern the contractual
relationship of the parties.
(3) Consideration. Consideration for the consulting services shall be
$60,000.00, which amount shall be paid by Boynton Beach CRA in monthly
increments of $7,500.00, beginning October 1,2007, No expenses shall be
paid by or reimbursed by Boynton Beach CRA prior Boynton Beach CRA
approval for the expenses.
P~ap 1
(4) Termination. In addition to any other remedies available, Boynton Beach
CRA may terminate this agreement immediately, by written notice: (a) in the
event the firm breaches this agreement, or (b) if the firm does not perform
services in a manner that preserves the good reputation and standing of
Boynton Beach CRA, in Boynton Beach CRA's sole discretion. Both parties
may terminate this agreement for any reason upon thirty (30) days' prior
written notice.
(5) Services to Third Parties; Conflict of Interest. In the event that the firm
plans to provide services to any other local government or private entity on
Florida legislative issues during the term of this representation, the firm shall
first notify Boynton Beach CRA so that the parties may discuss whether any
conflict of interest exists, In any event, the firm will not represent any client
where a conflict of interest with the representation of Boynton Beach CRA
may exist. This would include, but not be limited to, matters where the
representation will be adverse to Boynton Beach CRA or where the
representation would require the firm to advocate or oppose a position
contrary to a stated or intended Boynton Beach CRA position the same or a
similar issue, The firm may seek a waiver of the conflict from Boynton Beach
CRA, but the granting of the waiver will be solely within the discretion of
Boynton Beach CRA.
(6) Compliance with Laws; Indemnification. The firm will, at the firm's
expense, comply with any and all applicable federal, state, or local laws, rules
and regulations in performing services under this agreement, including
without limitation, laws, rules and regulations governing lobbying, prohibiting
lobbying limitation, Chapter 2005-359, Laws of Florida, and any rules
promulgated thereunder. A copy of any lobbyist registration so filed shall be
provided to Boynton Beach CRA promptly after filing, The firm agrees to
defend, indemnify and hold Boynton Beach eRA harmless from any claim,
suit, loss, judgment, cost, damage, expense (including without limitation
attorney's fees) or liability arising from the firm's performance of services
under this agreement, including, without limitation, violation of any
applicable laws, rules or regulations relative to the services provided under
this agreement, and such terms will survive termination of this agreement.
(7) Miscellaneous. The relationship created under this agreement is that of
independent contractor, not employment. This agreement shall be governed
by Florida law, This is the full agreement of the parties. Any amendments to
this agreement must be in writing signed by the parties,
We look forward to our continued relationship under this agreement. Please sign where
indicated below and return a signed copy of this letter to me,
Page 2
Accepted and Agreed By:
Boynton Beach CRA
By:
Lisa A. Bright
Title:
Date:
Page 3
Sincerely,
Sebastian Aleksander
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