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Agenda 01-08-08YEAT C1 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, January 8, 2008 City Commission Chambers 6:30 P.M. I. Call to Order — Chairman Jerry Taylor II. Pledge to the Flag and Invocation III. Roll Call IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda V. Consent Agenda: A. Approval of the Minutes — CRA Board Meeting — December 11, 2007 B. Approval of the Period -Ended December 31, 2007 Financial Report C. Approval of Amendment to FY 06/07 Rollover Recommendations D. Approval of Executive Director's Management by Objectives E. Approval of Addendum to Molly's Trolley's Contract to Expand a Southern Route Service F. Approval of Agreement with Waypoint Marine, Inc. for Fuel Dock and Marina Management Services G. Special Events Update (Info. Only) H. Homebuyers Assistance Program Update (Info. Only) I. Boynton Beach CRA and Trolley Website Updates (Info. Only) VI. Public Comments: (Note: comments are limited to 3 minutes in duration) VII. Pulled Consent Agenda Items VIII. Public Hearing: Old Business New Business A. Rufus Ribs Mobile Vending Unit I. PROJECT: AGENT: OWNER: Rufus Ribs (MVU 08-002) Rufus Allen Rufus Allen LOCATION: 206 South Federal Highway DESCRIPTION: Request for a mobile vending unit permit to operate a barbeque grill and mobile kitchen at the Pantry at 206 South Federal Highway in accordance with Ordinance 07-024. B. Chow Hut Site Plan Time Extension I . PROJECT: Chow Hut (SPTE 08-002) AGENT: Anthony Mauro, 558 Gateway Boulevard, LLC OWNER: Anthony Mauro LOCATION: 558 East Gateway Boulevard DESCRIPTION: Request for a second one-year time extension for the major site plan modification development order 05-007 approved on November 1, 2005, further extending approval from November 1, 2007 to November 1, 2008. IX. Old Business: A. Consideration of Redevelopment Proposals for the Old High School B. Consideration of Revised Travel & Entertainment Policy C. Consideration of Residential Improvement Program Options D. Consideration of Work Order #1.2 for 211 East Ocean Ave. Construction Documents E. Consideration of Ocean Ave. Pressure Cleaning Options X. New Business: A. Consideration of Amending the Direct Incentive Funding Agreement (DIFA) with Cornerstone to Allow for 140% of AMI Qualified Buyers B. Consideration of Executive Director Severance Authority XI. Comments by Staff XII. Comments by Executive Director XIII. Comments by CRA Board Attorney XIV. Comments by CRA Board XV. Adjournment V. CONSENT AGENDA: A. Approval of the Minutes: CRA Board Meeting — December 11, 2007 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING HELD ON WEDNESDAY, DECEMBER 11, 2007 AT 6:30 P.M. CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA Present: Jerry Taylor, Chair Jose Rodriguez, Vice Chair Woodrow Hay Marlene Ross Ronald Weiland I. Call to Order Chair Taylor called the meeting to order at 6:31 p.m. II. Pledge to the Flag and Invocation Lisa Bright, Executive Director D.J. Doody, CRA Board Counsel The Pledge of Allegiance to the Flag was recited and the invocation was offered by Chair Taylor. III. Roll Call The Recording Secretary called the roll and determined a quorum was present. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Chair Taylor advised of staffs addition to the Consent Agenda of Item O, Approval of Funding $50,000 from the Homebuyers Assistance Program to Latoya McCormick. Vice Chair Rodriguez requested several items be added to the agenda under Old Business: (1) update on the status of the Travel and Entertainment (T&E) spending policy for CRA staff; (2) discussion of Deborah Smith's letter regarding the Old High School; and (3) status of the Executive Director's 2008 goals requested last month by the board. B. Adoption of Agenda 1 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL December 11, 2007 Motion Mr. Hay moved to approve the agenda as amended. Mr. Weiland seconded the motion that passed unanimously. V. Consent Agenda: A. Approval of the Minutes — CRA Board Meeting — November 14, 2007 (Pulled by Chair Taylor) B. Approval of the Period -Ended November 30, 2007 Financial Report C. Approval of the Acquisition of Property Located at 219 NW 11th Avenue from Janie May Griffin D. Approval of Funding $50,000 from the Homebuyers Assistance Program to Lauren Godden E. Approval of Funding $50,000 from the Homebuyers Assistance Program to Christopher and Kimberly Wiley F. Approval of Funding $50,000 from the Homebuyers Assistance Program to Humberto Olivares and Madalina Macovei (Pulled by Mr. Weiland) G. Approval of Funding an additional $14,600 from the Homebuyers Assistance Program to Jason Weinstein H. Approval of Transit Study for TCEA 1. Approval of CRA Policing District Contract (Pulled by Chair Taylor) J. Approval of Appropriating $10,000 to the City Arts Commission for a Dumpster Art Program (Pulled by Chair Taylor and Mr. Hay) K. Hedrick Brothers Construction, Inc. Work Order No. 001.0 in an Amount Not to Exceed $140,000 to Complete Seven Homes at $20,000 each approved under the Residential Improvement Grant Program (information only) (Pulled by Vice Chair Rodriguez) L. Approval of Burkhardt Work Order No. 3 for Pressure Cleaning of Ocean Avenue (Pulled by Chair Taylor) 2 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL December 11, 2007 M. Homebuyers Assistance Program Update (information only) N. Boynton Beach CRA and Trolley Website Updates (information only) O. Approval of Funding $50,000 from the Homebuyers Assistance Program To Latoya McCormick Motion Mr. Hay moved to approve the Consent Agenda, with the exception of the items pulled. Vice Chair Rodriguez seconded the motion that passed unanimously. VI. Pulled Consent Agenda Items: A. Approval of the Minutes — CRA Board Meeting — November 14, 2007 Chair Taylor noted the figures were reversed in the fifth sentence of the fifth paragraph on page 24. The rollover recommendations totaled $991,000 and the balance was $9,991. Mr. Hay noted, at the top of page 4, "Chair" Rodriguez, should be changed to "Vice" Chair Rodriguez. Motion Mr. Hay moved to approve the minutes as amended. Ms. Ross seconded the motion that passed unanimously. F. Approval of Funding $50,000 from the Homebuyers Assistance program to Humberto Olivares and Madalina Macovei Mr. Weiland requested clarification on this item, as the backup material reflected a verified annual household income of $55,620, and the 2006 joint tax return reflected a gross income of $6,213. Mike Simon, Development Manager, advised Mr. Olivares was a full-time student with part-time employment, who then graduated and became a full-time employee. Mr. Olivares' wife received her resident alien designation in May 2007, and as she traveled back and forth to Romania, her income was not included in the tax return for 2006. This information had been verified. 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL December 11, 2007 Motion Mr. Weiland moved to approve Item F. Mr. Hay seconded the motion that passed unanimously. I. Approval of CRA Policing District Contract Chair Taylor, requested clarification of Item A, "Accommodations," on page 3 of the backup material (a copy of which is attached to the Minutes located in the City Clerk's Office), as he did not believe there was storage or office space available. Lisa Bright, Executive Director, advised the language remained in the agreement in the event space became available in the future. Vice Chair Rodriguez commented on the contract's reference to patrolling the Heart of Boynton (HOB) district and the Central Business District (CBD) and requested clarification as to the boundaries to be policed. Matt Immler, Police Chief, advised the wording remained from the first contract between the City and the CRA. The idea then was to provide police services to the entire district but in particular, to the CBD, for any crowds that developed as a result of the Marina project or other projects on Ocean Avenue. It was not intended to be limiting in any way and it covered the entire CRA district. The board agreed the contract should be amended so that it was clear the entire CRA district would be policed. Chief Immler had no objection to the amendment. Chief Immler advised the Police Department currently employed 159 sworn officers, including the Chief, the Majors and the Sergeants. If the board approved the contract, an additional five people would be hired to create additional spots for a Sergeant and four officers' spots. They would be full-time, full -salaried, sworn Boynton Beach police officers, and their authority would extend throughout the jurisdiction. Chief Immler advised there were 10 arbitrary reporting areas in the City referred to as zones. Zones had no meaning other than for use in statistics or when referring to a particular area. The Police Department did not deploy by zones. Deployment was determined based on crime statistics, neighborhood concerns, and criminal intelligence information. Discretionary patrol units were deployed in the areas having the greatest need, and were not tied to any one particular zone at any one time. 51 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL December 11, 2007 Chief Immler referred to paragraph (d) on page 3, indicating in the event of an emergency in any part of the City, the officers could be called out to assist. However, it would be for an extraordinary situation. Chair Taylor advised the appropriation of funding for a CRA Policing District was an authorized expense and was done in CRA areas throughout the country. The intent was to create a downtown where people would feel safe, day or night. In order for this to occur, the downtown would have to be cleaned up. Motion Vice Chair Rodriguez moved to approve. Mr. Hay seconded the motion that passed unanimously. 3. Approval of Appropriating $10,000 to the City Arts Commission for a Dumpster Art Program Mr. Hay inquired as to the Master Plan, when the program would commence and who would be painting the dumpsters. Vice Chair Rodriguez advised the recommendation was for $10,000 to be appropriated to the Arts Commission and they would put a plan together, indentifying the dumpsters, the project and scope, and who would be doing the work. The board could request a timeline for the Master Plan to be brought back. Chair Taylor indicated Jeff Livergood, Public Works Director, was poised to purchase 20 new dumpsters, which would be painted before they were placed in the downtown area. Chair Taylor indicated he was in favor of the request. However, he was concerned as the Arts Commission voted against the program. Vice Chair Rodriguez indicated the recommendation was for the board to direct the Arts Commission to undertake this project. If the Arts Commission did not agree to do so, the $10,000 would be returned to the CRA. Motion Mr. Hay moved approval. Ms. Ross seconded the motion that passed unanimously. K. Hedrick Brothers Construction, Inc. Work Order No. 001.0 in an Amount Not to Exceed $140,000 to Complete Seven Homes at $20,000 each approved under the Residential Improvement Grant Program (information only) 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL December 11, 2007 Vice Chair Rodriguez questioned the excessive costs for a washer and dryer, $2,300, in the Jerry and Sullivan residences. Other board concerns related to the replacement of a door from the garage to the exterior in the Jerry residence, $2,388. Teff Wade, Project Manager for Hedrick Brothers Construction, was accompanied by his assistant, Ashley Griffith. Mr. Wade set forth expenses associated with the washers and dryers and suggested changing the specifications in order to reduce costs. Lisa Bright, Executive Director, pointed out the program was a prototype for the CRA that was a directive under the former CRA board. One of their challenges was to partner with the City to rehabilitate the homes which the previous board believed would be less costly than building a new home. She suggested the current board might wish to direct staff to change their program to include only roofs or other specifics, and to let the City handle the complete home rehabilitations. At the request of the board, Mr. Wade explained the difference in costs for the door replacements in the Darrisaw residence, $762, and the Jerry residence, $2,388. A specification book was issued by REG Architects that set forth the type of doors to be installed at these homes. He noted costs for impact -rated doors would be more costly. The existing roofs would be matched. The board did not believe sufficient information was provided in the backup material. Ms. Bright noted the homeowners could sell the homes almost immediately after the improvements had been made. The board was not in favor of this practice and believed it should be changed. Motion Vice Chair Rodriguez moved to table this item for further consideration. Mr. Weiland seconded the motion that passed unanimously. L. Approval of Burkhardt Work Order No. 3 for Pressure Cleaning of Ocean Avenue Chair Taylor noted a word was omitted after the word "completed" from the last sentence in the summary section of the staff report. The sentence would then read as follows: 'The scope of work will include the initial pressure cleaning treatment with a second maintenance cleaning to be completed six months later." Board discussion ensued, and it was agreed the sidewalks along Ocean Avenue were in need of pressure cleaning. Also discussed was the fiscal responsibility of merchants along Ocean Avenue, especially proprietors of outdoor cafes such as Hurricane Alley. C Meeting Minutes Community Redevelopment Agency Boynton Beach, FL December 11, 2007 Several options were addressed to fund the costs including the use of seat tax funds through the City for venues having outdoor cafe permits, determining whether the City had the capability of providing this service, piggybacking on a Boca Raton contract, and consulting with the City of Delray Beach to determine the manner in which they handled issues of this nature. It was suggested this item be tabled in order to investigate the possible alternatives. Motion Mr. Weiland moved to table until the next board meeting. Mr. Hay seconded the motion that passed unanimously. VII. Public Comments: Gertrude Sullivan, 201 NE 6th Avenue, inquired whether trees or other foliage would be planted along Seacrest Boulevard and the vacant space on Martin Luther King, Jr. (MLK) Boulevard. The board advised drawings had been completed pertaining to the landscape design of Seacrest Boulevard. Phase 1 of MLK would be developed following finalization of the development agreement with the Auburn Group. The board pointed out trees had been planted on MLK on numerous occasions over the past ten years, and the City had expended an additional $30,000 to clear debris in the area. Dr. Martha Meekslight, requested the vacant area near 10th Avenue and Seacrest be cleaned up and trash cans installed. She also expressed concerns with the bathrooms at Sara Sims Park and lack of pavilions for seating. Peggy Miller, 9945 Lake Worth Road, Lake Worth, of SunTrust Mortgage, thanked the board on behalf of client, Latoya McCormick, for approving her application for funding. Ms. Miller also commended Ms. Brooks and Mr. Simon for their dedication and good work. Kim and Chris Wiley, 146 SW 8th Ave., thanked the board for approving their application for funding from the Homebuyers Assistance Program. Mr. Wiley is a Boynton Beach Firefighter. They also thanked the CRA board for making homeownership possible. Lauren Godden 401 N. Dixie Highway (work address) thanked the board for the support provided by the Homebuyers Assistance Program. No one else having come forward, Chair Taylor closed the public comments. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL December 11, 2007 VIII. Public Hearing: Old Business: New Business: A. B.A.P.S. Temple Major Site Plan Modification 1. PROJECT: B.A.P.S. Temple (MSPM 07-005) AGENT: Bharat R. Patel OWNER: B.A.P.S. Swaminaravan Mandr Temple LOCATION: SE 18"' Avenue; west of S. Federal Highway, just south of the Sunshine Square Shopping Center DESCRIPTION: Request for a major site pian modification for the construction of a 23,761 square foot addition to an existing 8,050 square foot temple. Attorney Doody administered the oath to all who would be testifying. Gabriel Wuebben, Planner, provided an overview of the request for the major site plan modification. The additional square footage requested would result in a total of 31,811 square feet. The proposed expansion would consist of a large kitchen, an assembly hall with a stage, restrooms, assorted offices and classrooms. Staff had reviewed this request with respect to traffic concurrency, drainage, parking and other characteristics of the site. A traffic statement for this project was submitted and sent to Palm Beach County Traffic Division for review and approval. As required by the conditions of approval, building permits would not be issued until concurrency approval was received from Palm Beach County. Staff reviewed conceptual drainage information provided and found it to be acceptable at this point. A more detailed review would be undertaken at the time of permit review. No new parking spaces were proposed. With the expansion of the project, the temple would still provide an excess of nine spaces. Landscaping would be added around the perimeter of the project, and a major courtyard/garden area would be added to the front of the extension. The expansion would rise to approximately 34 feet in height, well within the requirements for this particular zoning district. The setbacks were acceptable based on staff review. The existing design characteristics (concrete block and stucco finish) would be maintained. The entrances would consist of elaborate canopies and verandas. The roof consisted of traditional terra cotta "S" roofing tiles. 0 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL December 11, 2007 The proposed expansion plans did not involve changes in the existing signage. Currently there were minor signs on the gatepost at the entranceways and exits. The original site plan approval occurred prior to the adoption of the Art in Public Places ordinance. However, the subsequent request for a major site plan modification was subject to compliance with the ordinance, and the applicant would be contributing to the Art in Public Places Program. Staff recommended approval, contingent upon satisfaction of all conditions of approval set forth in Exhibit C, and any additional conditions recommended by the board or City Commission. Bharat R. Patel, the applicant, advised he agreed to all 24 conditions of approval. His congregation was comprised of 400 people, and adequate parking was provided. Mr. Patel's temple drew congregants from several areas of South Florida, as well as from Boynton Beach. Chair Taylor opened the public hearing. hearing was closed. Motion No one having come forward, the public Mr. Weiland moved approval. Vice Chair Rodriguez seconded the motion that passed unanimously. 2. Baywalk New Site Plan PROJECT: Baywalk (NWSP 08-001) AGENT: Carlos J. Ballbe, Development Consulting Group, Inc. OWNER: Southern Homes of Palm Beach V, LLC LOCATION: 3103 North Federal Highway; west side of Federal Highway, approximately 1/8 mile south of Old Dixie Highway DESCRIPTION: Request for new site plan approval for 40 condominium units and related site improvements on a 2.26 acre parcel in an IPUD zoning district. Kathleen Zeitler, Planner, reviewed the request. In 2004, the property was approved for Southern Homes' proposed Oceanside development; however the townhouse project had expired. In October 2006, Southern Homes received site plan approval for the Baywalk project, consisting of 40 proposed condominium -style townhouse units. As a result of the change in the residential market, the developer did not obtain a building Meeting Minutes Community Redevelopment Agency Boynton Beach, FL December 11, 2007 permit and requested new site plan approval for the subject property which included a number of changes from the previously -approved site plan for Baywalk. Staff believed this was a much -improved plan. Staff had reviewed the plan for traffic concurrency, school concurrency, utilities, drainage, police and fire staffing, access and circulation. All the streets would be privately owned. Minimum parking requirements were exceeded by 12 spaces. The landscaping exceeded the minimum code requirements with perimeter landscape buffers five feet in width, and the east landscape buffer 12 feet in width. A six-foot masonry buffer would be placed around the side and rear property lines. The dwelling units were proposed within 18 separate buildings, with a proposed mix of two and three-bedroom units. A mix of eight unit types was proposed, with the smallest being model A, 951 square feet of air-conditioned area space, and the largest being model E-2, 1,393 square feet of air-conditioned space. The tallest two-story units would be approximately 23 feet, 9 inches. The project complied with all setbacks for an Infill Planned Unit Development (IPUD) as follows: front east property line: 10 feet; rear west property line: 28 feet; and the sides: 28 and 5 feet. The building setbacks had been provided for compatibility purposes and mirrored adjacent residential development, especially to the west. The design was a rustic, Mediterranean design with a neutral color palette and included public art with a custom -carved stone sculpture at the entrance. The project would be subject to the workforce housing ordinance which required 8 units be set aside, two of which would be designated for low-income households. Staff recommended approval, subject to all the conditions of approval in Exhibit C. Ms. Zeitler advised the project site was located on North Federal Highway Delray. While this was a Boynton address, the highway is called North Federal Highway, as it was north of Delray. This should not to be confused with North Federal Highway on the north end of Boynton Beach. Carlos Ballbe, advised he and architect Frank Perez were present on behalf of Southern Homes. They were in accord with all conditions of approval, with the exception of the workforce housing requirement to set aside 8 units. They believed this was excessive and wondered if there was any flexibility with respect to this requirement. Ms. Zeitler advised the City's workforce housing ordinance applied to developments which were previously approved for a change in land use to Special High -Density Residential, and whose site plan had expired. The ordinance required the applicant set aside 20% of the total residential units proposed, (8 units), 25% of which would be set 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL December 11, 2007 aside for low-income housing. The remaining 75% would be set aside for moderate - income housing. Mr. Ballbe advised they would agree to all the conditions and anticipated going forward with the project after the permitting and platting processes had been completed in July or August 2008. Chair Taylor opened the public hearing. hearing was closed. Motion No one having come forward, the public Mr. Weiland moved to approve. Vice Chair Rodriguez seconded the motion that passed unanimously. IX. Old Business: A. Consideration of Work Order #2 in the Amount of $224,000 for Kimley- Horn to Design Master Streetscape Plans for Federal Highway Corridor - Budget Funding Options: ■ Option 1: Development Projects (General Fund 58300-200) • Option 2: Contingency (General Fund 51990-200) Vice Chair Rodriguez provided a review of the item which pertained to a streetscape plan for Seacrest Boulevard. The board also believed Federal Highway was in need of landscaping, particularly on the north end, and wished to consider a study by Kimley- Horn wherein Kimley-Horn would provide proposals to enhance Federal Highway. It was anticipated the improvements to Federal Highway would attract businesses and redevelopment to -the area, as well as provide employment opportunities. Chair Taylor indicated he would be more inclined to consider the request in next year's budget. He believed Federal Highway would be developed in the future, and felt the medians were well maintained. He objected to pulling funds from the general fund contingency at this time. Vice Chair Rodriguez did not believe Federal Highway would be developed without action being taken by the board. Mr. Weiland could not envision spending $224,000 for a plan that he believed would likely be shelved for three years, but could consider going forward with the plan in two or three years. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL December 11, 2007 Mr. Hay concurred and believed the funds could be better spent elsewhere. He believed Federal Highway would be developed in time, and felt the direction in which to proceed was to continue the project on Seacrest Boulevard and consider the Heart of Boynton as well. Motion Mr. Weiland moved to deny funding the consideration of Work Order #2 with Kimley- Horn in the amount of $224,000 to develop a master streetscape plan for the Federal Highway corridor. Mr. Hay seconded the motion that passed unanimously. B. Consideration of Amending the Community Redevelopment Plan to Allow for a Matching Youth Violence Prevention Program Grant Ms. Bright pointed out the board was provided with a list of items for rollover recommendations at the last meeting. This particular item was approved contingent upon a legal opinion, which was included in the packets. The legal opinion was clear that if the board was desirous of moving forward with the matching grant, an amendment to the CRA's Community Redevelopment Plan would be required. To that end, staff sought direction from the board. While Mr. Weiland believed controlling youth violence was important, he did not believe it was the board's responsibility to use $300,000 from the CRA's general fund for these programs. He believed CRA funds should be utilized to acquire property for future development in the Heart of Boynton area. Vice Chair Rodriguez indicated youth violence prevention was comprised of two elements: enforcement and prevention. The preventative element was sought through the local community and businesses. The City did not provide any resources; funding was provided by the County. As some of the funding was utilized for staff, the actual sum applied to the programs to support youth violence prevention was $200,000. Mr. Weiland expressed concern with regard to the manner in which the funds were utilized and wondered how much was going toward administrative costs for salaries and supplies and how much was going directly towards the program. He believed CRA funds should be utilized for redevelopment and to clean up blighted areas. Vice Chair Rodriguez invited Mr. Weiland to attend the Youth Violence Prevention Program meetings and encouraged Mr. Weiland to review the criteria ' required to provide resources to organizations. Ms. Ross believed prevention of youth violence was a critical component in preventing blight. Chair Taylor agreed and commended Vice Chair Rodriguez for his work with the 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL December 11, 2007 Youth Violence Prevention Program. Chair Taylor noted the many programs and classes provided for youths by the City's Recreation and Parks Department. He believed the matching funds should come from the City's budget rather than the CRA's budget. Mr. Hay concurred with Chair Taylor, and while the Youth Violence Prevention Program was necessary, CRA funds should be utilized to eliminate slum and blight. Chair Taylor requested Vice Chair Rodriguez put in a proposal to the City for matching funds. Vice Chair Rodriguez agreed to do this. Motion Mr. Weiland moved to deny consideration of amending the Community Redevelopment Plan to allow for a matching Youth Violence Prevention Program grant of $300,000. Mr. Hay seconded the motion. Vote The motion passed 4-1 (Vice Chair Rodriguez dissenting). C. Consideration of a Leadership/ Development Program for the Executive Director (Added by Vice Chair Rodriguez) Vice Chair Rodriguez recommended the program, which he attended 10 years ago, and believed it was well worth the cost. After reviewing the program, Mr. Hay did not believe this program was necessary for the Executive Director, nor would it be fiscally advantageous. He believed she was doing a fine job, which was evidenced by her performance evaluation and salary increase. Mr. Weiland agreed with Mr. Hay. Chair Taylor concurred and noted his concern for the CRA budget. He commended Vice Chair Rodriguez for his recommendation. Ms. Ross would not support the program and noted workshops of this nature were offered locally. Motion Mr. Hay moved to deny the consideration of leadership development program for the Executive Director. Ms. Ross seconded the motion that passed 4-1 ( Vice Chair Rodriguez dissenting). D. Update on the Status of the Travel and Entertainment (T&E) Spending Policy for CRA staff (Added by Vice Chair Rodriguez) 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL December 11, 2007 Susan Harris, Finance Director, advised that staff was gathering the data and had contacted a number of CRAB and cities to obtain their travel and entertainment expense policies. Once all the data was collected, staff would come back before the board. Staff would also consult with the City of Boynton Beach and seek its assistance in writing the policy. Ms. Bright noted this item would be ready for the next meeting. E. Status on the Executive Director's 2008 Goals Requested Last Month by the Board (Added by Vice Chair Rodriguez) Ms. Bright drafted a list of what she believed were the top ten goals for the CRA to accomplish: 1. Adoption of the Downtown Master Plan 2. The Marina Renovation Plan 3. Federal Grant for Boynton's Marina Village to implement a River Walk which would include taxi docks and tie-up day docks 4. 211 East Ocean Drive Renovation for the CRA offices 5. Ocean Breeze Development Agreement 6. MLK's Phase 1 Development 7. Streetscape Plan for Seacrest Boulevard 8. Working with State Representative Maria Sachs to craft legislation for the survival of CRAB in the event the ruling in the Strand case was not reversed 9. Enhance the quality of events for Boynton Beach through sponsorship dollars 10. Transfer the CRA's accounting system which was required by their CPA firm to go to a fund -based accounting system to comply with GASB 34 Finally, in serving the board, staffs goal was to be competent and efficient in order to facilitate a successful CRA. This item would be included on next month's agenda. The preliminary list would be accompanied by an Excel spreadsheet containing timelines and projections. The board could add to the list and prioritize the goals. F. Discussion from Deborah Smith's letter pertaining to the Old High School (Added by Vice Chair Rodriguez) Ms. Bright advised the letter was not intended to be included with the board packet and was provided for informational purposes. Ms. Smith telephoned Ms. Bright with regard to a letter she submitted to Vice Chair Rodriguez and Ms. Bright on November 7, 2007. The board's direction was that staff would solicit Letters of Intent from interested parties to provide funding sources and concepts for the use of the building. In her 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Fl December li, 2007 correspondence, Ms. Smith contended could provide funding sources and had the capacity and the skills to provide an analysis of the Old High School and what staff could do in terms of the use of the building. It was believed Ms. Smith sought a consulting contract. Ms. Bright pointed out there were other interested parties as well. Ms. Smith indicated in her telephone conversation with Ms. Bright, it was her intent to put the Old High School on an endangered list, and Ms. Bright felt the board should be aware of this possibility. Vice Chair Rodriguez indicated Ms. Smith's letter provided options, proposals and funding methods, which no other parties had provided. Ms. Bright pointed out the sum of $50,000 had already been expended to go through the process, and it was her understanding no additional funds would be expended for a study or feasibility analysis. She met with representatives from private development and was awaiting proposals. She noted private development entities had the ability to draw down historic tax credits to undertake a development project. Ms. Brooks noted a group from Georgia and a local developer were working on proposals as to what could be done from a financial point of view, unless the board would consider bond dollars for the renovation and operation of the building. Staff was exploring an approach that would preserve the building, get the building on the tax roll and find an entity that could utilize the historic tax credits. Ms. Brooks commented staff anticipated receiving a draft of the Downtown Master Plan this week which would provide direction as to the utilization of the building. Staff also anticipated receiving input from participants in the Downtown Master Plan workshop. Ms. Bright indicated she would follow up with the prospective entities working on proposals. The board indicated its desire to take action on the matter and for this item to be placed on the next agenda so that a decision could be made. Ms. Brooks advised Rick Gonzalez was under a continuing contract with the board to provide architectural services and was working independently with one of the interested parties who was in the process of preparing a proposal. Rick Gonzalez, REG Architects, Inc., believed the building was the most historic structure between West Palm Beach and Boca Raton. He felt it was unique in that it incorporated Art Deco and Mediterranean architecture, and was a component of the historic educational development of Boynton Beach. Mr. Gonzalez agreed to follow up with the interested party to determine if he would be submitting a proposal. 15 Meeting Minutes Community Redevelopment Agency December 11, 2007 Boynton Beach, FL Board discussion ensued as to utilizing funds to make the building watertight, the cost to demolish the building, what constituted a "historic" structure; and preserving the facade or cornerstone. The board agreed it would be difficult to preserve the building unless funds were donated. Ms. Brooks indicated the people with whom she had been meeting were from the private sector. The CRA would be donating the building to them with the condition that they would be able to make the project work from a fiscal standpoint The board directed staff to bring this item back at the next meeting. X. New Business: A. Discussion and Recommendations of Redevelopment Options for 211 E. Ocean (future home of CRA office) Chair Taylor advised that direction was sought on two options. The first option was to renovate the existing structure. The second option would add 1,000 square feet to the structure to allow for expansion for future growth. Rick Gonzalez, REG Architects, Inc., provided a handout incorporating the existing condition of the building, project location and proposed options. The building was located a half block from City Hall. A driveway in front of the house had replaced a historic front porch. The structure was a two-story house, with a one-story 1950s -type addition on the rear of the house, which would be remodeled under option 1. Option 2 would provide for expansion by adding square footage. The mechanicals would be completely renovated. The structure gained "unsympathetic additions" over the years which would be removed as part of the restoration. Under option 1, the existing one- story 1950s addition on the rear would remain and staff would occupy the entire building. However, there would be no room for growth or for flexible use of the front of the building. The front porch would be added back, with the 1950s addition on the rear of the building. Option 2 would provide for the same amount of parking. The addition would allow for secured office space on the ground floor on the rear of the building and would provide flexible use in the front, and a conference room in the existing rooms. The second floor would continue to be utilized for office space. Both options would provide for handicap accessibility and a side ADA ramp. Option 2 would be preferred as it provided for ADA bathrooms, which the current house did not have. Mr. Gonzalez believed the project would qualify for a State of Florida Historic Preservation Grant of up to $350,000. Application could be made for a grant for each year the project was under development. Credits could be received for the monies spent to date during the 16 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL December 11, 2007 planning phase, for the project location, for the project's impact on neighboring projects, and for the structure's historic significance. Chair Taylor pointed out the costs for option 2 on the low end were approximately $600,000, and approximately $800,000 on the high end. Costs for option 1 ranged from approximately $450,000 to approximately $600,000. Mr. Gonzalez advised cost of an elevator was not included in their evaluations. A ramp would be provided, and he believed this would be sufficient. He also believed a waiver of exception would be granted based on the historic nature of the building. Ms. Brooks advised costs expended to date on the building were approximately $900,000 which included the purchase price, closing costs, development of concepts, an alarm system, and minor maintenance costs. The building would prove to be an asset for the CRA. motion Mr. Weiland moved to approve option 2. Mr. Hay seconded the motion that passed unanimously. The board directed staff to commence the application process to obtain the State Historic Preservation Grant. XI. Future Agenda Items: A. Consideration of Establishing a Local Class C Travel Policy for Board and staff B. Consideration of Revoking the Executive Director's Authority to Pay Severance without Board Approval XII. Comments by Staff Ms. Brooks announced the unveiling of the Boynton Beach Downtown Master Plan at an open house to be held on Tuesday, December 18, 2007, from 4:00 p.m. to 7:00 p.m. at the Boynton Woman's Club. The community was invited to provide input to staff and the consultant. Kathy Biscuiti, Special Events Manager, presented the board with photographs taken at the Three Dog Night concert and tree lighting ceremony. Ms. Bright commended Ms. Biscuiti for her fine work, adding she had received compliments from the County 17 Meeting Minutes Community Redevelopment Agency December 11, 2007 Boynton Beach, FL Commissioners and others. Ms. Biscuiti announced the return of the Oceanfront Concert Series beginning on January 18, 2008, with the Commodores appearing on February 23, 2008. Staff was proposing a partnership between State Representative Maria Sachs and the Hester Center for the Heritage Celebration activities which would include events geared toward youths. Stacey Robinson, the City's Youth Violence Coordinator, will be invited to participate in coordinating the activities. XIII. Comments by Executive Director Ms. Bright advised she, Ms. Brooks and Mr. Simon met with the principals of the Auburn Group and made a recommendation for them to come back to staff with a Phase 1-A Plan Development Agreement. This should be included on the January 2008 agenda. Ms. Brooks provided an update again on the Ocean Breeze project. Attorney Doody had reviewed purchase agreements between the CRA and American Realty. This item would be placed on the January 2008 agenda. Application would be made to the State of Florida for low-income housing tax credits for the project. Financing would be required before the land was sold. XIV. Comments by CRA Board Attorney Attorney Doody wished everyone a happy holiday season on behalf of Attorney Cherof and the firm. XV. Comments by CRA Board Mr. Weiland commended Ms. Biscuiti and staff for a job well done on the concert and boat parade. He inquired whether the board would consider moving the time of the meeting from 6:30 p.m. to 5:30 p.m. The board agreed the time should remain at 6:30 p.m. Chair Taylor suggested transferring land development review responsibilities from the CRA board to the Planning and Development Board. This would eliminate duplicate review by the City Commission members who also served as CRA board members. Ms. Brooks supported the suggestion, noting it would remove an unnecessary level of bureaucracy. Consensus The board concurred with Chair Taylor's suggestion. IV] Meeting Minutes Community Redevelopment Agency Boynton Beach, FL December i i, 2007 XVI. Adjournment There being no further business to discuss, the meeting properly adjourned at 8:54 p.m. Stephanie D. Kahn Recording Secretary 121207 19 V. CONSENT AGENDA: B. Approval of the Period -Ended December 31, 2007 Financial Report Ir T"', TF AIC R, k' East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 8, 2008 X I Consent Agenda I I Old Business I j New Business I I Public Hearing I I Other SUBJECT: Monthly Financial Report SUMMARY: Monthly budget report to the CRA Board representing the revenues and expenses for the month ending December 31, 2007. FISCAL IMPACT: None RECOMMENDATIONS: Approve December financials. 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CONSENT AGENDA: C. pproval of Amendment to FY 06/07 Rollover Recommendations is YNTOsCRA 16jqA East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 8, 2008 X I Consent Agenda Old Business I I New Business I I Public Hearing I I Other SUBJECT: Amendment to Fiscal Year 2006/2007 Rollover Recommendations SUMMARY: At the December 11, 2007 CRA Board Meeting, the Youth Violence Prevention allocation of $300,000 from rollover funds from FY 2006-2007 was eliminated. It is recommended that the additional monies be used for land assembly. The substitution is noted on the attached, highlighted in yellow. FISCAL IMPACT: None in current fiscal year. RECOMMENDATIONS: Approve use of $300,000 from FY 2006-2007 rollover funds for land assembly. Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 01 08 CRA Board Meeting January\Amended Rollover Recommendation - Jan 2008.doc I FY 2006-2007 Budget Rollover Approved at CRA Board Meeting November 14, 2007 Rollover Funds Available Note: Estimated and subject to final audit $ 1,000,000 � Project Amount Molle 's Trolleys $ 400,000 Land Assembly$ 300,000 MLK Building Purchase $ 200,000 Wi-Fi Equipment $ 71,000 Greenmarket $ 10,000 Dumpster Art $ 10,000 Misc. Redevelopment Projects $ 9,000 ' Total $ 1,000,000 NIP C A O East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 8, 2007 X I Consent Agenda I I Old Business I I New Business I I Public Hearing I I Other SUBJECT: Executive Director's FY 07-08 Management by Objectives SUMMARY: At the December 11 th CRA Board meeting, the Executive Director was requested to prepare a list of her top objectives to be achieved during FY 07-08. The Executive Director reported what she believed to be the top ten goals to accomplish and attached is a draft of those objectives. FISCAL IMPACT: None. RECOMMENDATIONS: Approve the staff recommendation of prioritized goals. L�%n.uuvc LiicL;wr T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 01 08 CRA Board Meeting January\ED Goals 07-08.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, FL December i 2007 Susan Harris, Finance Director, advised that staff was gathering the data and had contacted a number of CRAs and cities to obtain their travel and entertainment expense policies. Once all the data was collected, staff would come back before the board. Staff would also consult with the City of Boynton Beach and seek its assistance in writing the policy. Ms. Bright noted this item would be ready for the next meeting. E. Status on the Executive Director's 2008 Goals Requested Last Month by the Board (Added by Vice Chair Rodriguez) Ms. Bright drafted a list of what she believed were the top ten goals for the CRA to accomplish: 1. Adoption of the Downtown Master Plan 2. The Marina Renovation Plan 3. Federal Grant for Boynton's Marina Village to implement a River Walk which would include taxi docks and tie-up day docks 4. 211 East Ocean Drive Renovation for the CRA offices 5. Ocean Breeze Development Agreement 6. MLK's Phase 1 Development 7. Streetscape Plan for Seacrest Boulevard 8. Working with State Representative Maria Sachs to craft legislation for the survival of CRAs in the event the ruling in the Strand case was not reversed 9. Enhance the quality of events for Boynton Beach through sponsorship dollars 10. Transfer the CRA's accounting system which was required by their CPA firm to go to a fund -based accounting system to comply with GASB 34 Finally, in serving the board, staffs goal was to be competent and efficient in order to facilitate a successful CRA. This item would be included on next month's agenda. The Preliminary list would be accompanied by an Excel spreadsheet containing timelines and projections. The board could add to the list and prioritize the goals. F. Discussion from Deborah Smith's letter pertaining to the Old High School (Added by Vice Chair Rodriguez) Ms. Bright advised the letter was not intended to be included with the board packet and was provided for informational purposes. Ms. Smith telephoned Ms. Bright with regard to a letter she submitted to Vice Chair Rodriguez and Ms. Bright on November 7, 2007. The board's direction was that staff would solicit Letters of Intent from interested parties to provide funding sources and concepts for the use of the building. In her 14 2 c D Z M m O c X 0 m _Cl) c 3 v X co 0 0 c N 0 K ou O cn r - c' v W ca W O cn m N 7 D J N O O O m 'II i� I, '� � � I�' '� li � � i � �� I � YET C East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 8, 2008 X I Consent Agenda I I Old Business I I New Business I I Public Hearing I I Other SUBJECT: Addendum to Molly's Trolleys Contract -Southern Route SUMMARY: At the November 14th CRA Board meeting, the Board approved an expansion to the agency's trolley system to cover the southern portion of the CRA District. This route will access several residential communities south of Woolbright Road along the federal highway corridor, crossing SW 23RD to capture activity at Bethesda Hospital and travel west to Leisureville a senior community with over 4,000 residents. The addition of this southern route now provides citizens free transportation to all major access points in the eastern portion of the City. The trial period for this route begins January 2008 through September 30, 2008. CRA legal counsel has approved the addendum to form as acceptable. FISCAL IMPACT: $400,000 from FY 2006-2007 Rollover RECOMMENDATIONS: Approve the addendum to Molly's Trolleys Contract. sa Bright Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 01 08 CRA Board Meeting January\Mollys Trolleys Addendum.doc Trolley Service Agreement SERVICE MODIFICATION AMENDMENT This AGREEMENT is made and entered into as of , 2007 between the Boynton Beach Community Redevelopment Agency, a public agency created in pursuant to Chapter 163, Part III, of the Florida Statues, with a business address of 915 South Federal Highway, Boynton Beach, FL, 33435 hereinafter the "CRA" and Molly's Trolleys, Inc a Pennsylvania Corporation, with offices located at 2625 Mercer Avenue, West Palm Beach, FL 33401, hereinafter "MOLLY'S". WHEREAS the CRA and MOLLYS entered into a trolley service agreement on October 30, 2006, hereinafter "AGREEMENT"; and WHEREAS, Article II Sec 2.4 of AGREEMENT provides for route and service modification, WHEREAS, MOLLY'S has agreed to the route and service modifications, NOW THEREFORE, in consideration of the mutual covenants contained herein and in the original Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged by both parties, the parties agree as follows: 1. Article Il Section 2.4 of the AGREEMENT is hereby amended as follows: The Boynton Cross town Trolley System will be amended as follows: • Approximately 11 stops along the "southern corridor" will be added to the current route (previous service of 18 trolleys stops), for a total of approximately 29 trolley stops. Route and stops are displayed in Diagram 1. • Two trolleys (and a third spare) will be added to the Cross town trolley operation to service these additional stops, which brings the total trolleys servicing the Cross town route each day to 4 trolleys (plus 2 spares= 6 total trolleys). In the course of a day, four total trolleys will be running: 2 trolleys will run clockwise and 2 trolleys will run counterclockwise. • The hours of service to the public will remain the same, that is: Monday- Friday 7:15am- 7:15pm and Saturday & Sunday: 9:30am-5:45pm The total billed hours per seven day week which includes garage to garage time: 82.25 hours per week per trolley • The hourly rate will be reduced to $58.50 per hour per trolley (from $65 per hour per trolley for previous service) for the amended service only as described above. • Amended (Added trolleys and stops) Service will commence in January 2008 and continue thru September 30`x' 2008. • Amended trolley service will be reviewed by the Boynton Beach CRA in August of 2008 to determine if we are to continue with the Amended system (29 trolley stops and 4 trolleys) or return to the previous service (2 trolleys and 18 trolley stops). Molly's Trolley is to be informed the day following the regularly scheduled September 2008 CRA Board Meeting of the final decision on continuance of the amended trolley service. 2. All other provisions of the Agreement shall remain in full force and effect. k E a i S�NT AGENDA: p al of Agreement p it Marine, Inc. for n I '44na 'Management Services } I' # � k TL -y0 'F \' RA East Side—West Side—Seaside Renaissance AGENDA ITEM STAFF REPORT CRA BOARD MEETING OF: January 8, 2008 X I Consent Agenda I I Old Business I I New Business I I Public Hearing Other SUBJECT: Approval of Fuel Dock/Marina Management Services Agreement: Waypoint Marine, Inc. 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 manage the operation of the fuel dock until the end of the fiscal year September 30, 2007, at which time the CRA was required under its procurement policies to issue a RFP/RFQ to obtain proposals for the these services. At the regular CRA meeting held on September 11, 2007, the CRA Board approved the issuance of a RFP/RFQ 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. As the sole RFP/RFQ respondent, Waypoint Marine, Inc. has agreed to the terms and condition set forth in the attached management services agreement approved by CRA legal counsel. The time period of the agreement runs from February 1, 2008 through September 30, 2010, with the option of the CRA to renew the agreement for an additional two years. Waypoint Marine, Inc. has successfully and effectively managed the owned fuel dock facility for the CRA since purchasing the fuel dock property and has managed the fuel dock since November 2002 under previous ownership. Under the terms of the agreement, Waypoint Marine would be responsible for the daily operation of the fuel dock, gasoline and diesel fuel sales and orders, weekly/monthly sales reports and staffing. Additionally, Waypoint Marine 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 and implementation as well as the daily supervision of the slip area. FISCAL IMPACT: General Revenue Fund — $148,000.00 Marina Management Contract Account 51630-241. RECOMMENDATIONS: Approve entering into the Fuel Dock & Marine Management Services Agreement with Waypoint Marine, Inc. Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 01 08 CRA Board Meeting January\Fuel Dock and Marina Managment agrmt-waypoint marine.docRFQ/RFP Fuel Dock & Marina Management Services 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 Wavpoint Marine Inc., a corporation organized and existing under the laws of Florida, with its principal office located at 140 Yacht Club Way, Hvnoloxo Florida 33462 ("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 marina. C. Owner desires to employ Manager to act as its Manager in supervising, administering and managing the fuel dock and 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 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 Initials Page 1 of 16 Initials capacity with respect to the proper protection of and accounting for 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 dock and marina in the same manner as is customary and usual in the operation of comparable facilitieg 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 operation used by similar fuel docks and 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 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 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 and 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 king conditions, and other employer-employee related subjects. Manager represents ep esents haor, wages, t 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, n this connection Manager shall use diligent efforts to collect all income oany type a d'nat a 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 Initials Page 2 of 16 Initials identify any income due Owner from all fuel sales except the convenience items 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 such repairs, alterations and decorations for the fuel dock and marina as Manager may deem reasonable and necessary for the proper maintenance and operation of the fuel dock and 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 and 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. 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 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. Initials Page 3 of 16 Initials G. Accountina: 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 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 bwner's option, to Owner or Owner's nominee, (c) include a provision for cancellation by Owner or Manager 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, Manager shall, at Owner's option, assign to Owner or Owner's nominee all service agreements pertaining to the fuel dock and marina. 1. Inventory, Suanlies and Eauinment• 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 and marina. J. Advertising: Manager shall prepare advertising plans and promotional materials to be used to further sales if determined necessary between Ownerand 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 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. Initials Page 4 of 16 Initials 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 bome by Manager. �• Hurricane Preparedness. 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 typical and customary to fuel dock and marina industry standards. The hurricane plan must be approved by the Owner in writing. M. 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 liensagainst the fuel dock and 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, if any, affecting the fuel dock and marina. N. �easina: Manager 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, Manager 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 Manager for the operation of a first- class fuel dock and marina. SECTION THREE. ACCOUNTS AND RECORDS A. Insgection: 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 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 Initials Page 5 of 16 Initials 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. 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 over accounting and financial transactions as reasonably required to dock and marina to be furnished by Owner to Manager. Manager shall ensure control assets from theft, error, or fraudulent activity on the part of Manprotect Owner's ager's employees or other agents. Losses arising from those instances are to be bome 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; 4. Overpayment of labor costs arising from either fraud or error; 5. A sum equal to the value of any form of payment from purveyors Manager's employees or affiliates arising from the purchase of goods oor services for the fuel dock and 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 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, Initials Page 6 of 16 ---_ 5 Initials 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 preliminaryreports 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 collected for fuel sales, fuel purchases, period and must show all fuel sales, taxes P 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 OPERATIONS Within twenty [20] days after signing this agreement, and no less than ninety [g0] 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 schedule of fuel dock and marina rentals as well as any other 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 costs incurred in the operation of the fuel dock and marina. An initial 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 ensuingfiscal 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 any one 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 Initials Page 7 of 16 Initials secure Owner's prior written approval for any expenditure that will result in an excess of $500.00 in any one 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 AND MARINA OPERATIONS Funds originating from the fuel dock and marina's operation or from Owner and coming into Manager's possession shall be received, handled and disposed of as follows: A. Owner's Oneratin4 Accounts: All funds received in the operation of the fuel dock and 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 fora petty cash account, Manager Owner an accounting of expenses paid including receipts, in order to obtain aadd provide 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, electronic fuel payments, deposits and payments. B. Payment of Exaenses• 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. Initials Page 8 of 16 --Li— Initials -1 L_Initials 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 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 and marina. Manager will be covered as an insured in all liability insurance maintained with respect to the fuel dock and marina. Owner shall save Manager harmless from any liability on account of loss, damage or injury actually insured against by Owner provided Manager: . 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 Initials Page 9 of 16 Initials 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. 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 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. C. Additional Insurance: Manager shall be responsible for any insurance Manager deems appropriate for insuring the convenience 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 brought onto the fuel dock and 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 sufficiently hazardous. Manager shall obtain and keep on file a certificate of if ed is surequirements. Higher amounts may be required if the work to be rance, Initials Page 10 of 16 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 February 1, 2008, 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. 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 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 notice, 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 12 333.00 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". Initials Page 11 of 16 Initials 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. 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, 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 PO Box 747, Boynton Beach FL 33425 , or such other address as Manager may, from time to time, designate to Owner in writing. Any such notice shall be deemed given 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, Initials Page 12 of 16 1 Initials 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 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 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 and marina: A. A. final accounting, reflecting the balance of income and expenses of the thirty [301 days after such termination or withdrawal; fuel dock and marina, as of the date of termination or withdrawal, to be delivered within Initials Page 13 of 16 Initials 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 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 aftomeys' 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 aftomeys' fees, arising out of or in connection with the operation of the fuel dock and marina or Manager's operations other than at the fuel dock and 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 bome 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 and 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. Initials I itials Page 14 of 16 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 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 represents and warrants that it is fully qualified and licensed, to the extent required by law, to manage real estate, fuel docks and marinas and perform all obligations assumed by Manager under this agreement. Manager agrees to comply with all such laws now or afterwards in effect. Initials Page 15 of 16 Initials 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: MANAGER: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Waypa►Int Marine, Inc. By. Lisa Bright, Executive Director By. Brian Smith, President Date: Page 16 of 16 Date:_ *t — W. rI.— ' .H . aqui, YANIP �C ov. East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 8, 2008 X j Consent Agenda I I Old Business I I New Business I I Public Hearing I I Other SUBJECT: Announce the upcoming Oceanfront Concert and the Boynton Beach Heritage Celebration and Concert (Info. Only) SUMMARY: On Friday, January 18, 2008, the City will present an Oceanfront Concert, featuring Phil Mann and his Alleged Orchestra. This FREE concert will be sponsored by Ruden McClosky and will take place from 6:00 PM — 9:00 PM at Oceanfront Park located at 6415 N. Ocean Blvd, Ocean Ridge. On February 15 —17, 2008, The Boynton Beach Heritage Celebration 2008 will present activities at The Hester Center which include: Children's Activities, Sports Tournaments and Art Exhibits. On Saturday there will be continuous entertainment featuring: Marcus "Pleasure" Cooper, JJ and the Connection, Ms. Monique Mills, Strictly Business and Precious. On Saturday, February 23, 2008 there will be a FREE Concert, featuring The Commodores, on East Ocean Avenue between Seacrest and NE 1St Street. The concert will take place from 7:00 PM — 10:00 PM and will be presented by The Auburn Group. A Private Party area will be set up for City officials and limited guests. FISCAL IMPACT: None (Info. Only) RECOMMENDATIONS: N/A Kathy Biscu' i Special Events Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 01 08 CRA Board Meeting January\Events Update.doc V. CONSENT AGENDA: H. Homebuyers Assistance Program Update (Info. Only) JqY N A'F IC East SideWest Side—Seaside Renaissance CRA BOARD MEETING OF: January 8, 2008 X i consent Agenda I I Old Business I I New Business I I Public Hearing I I Other SUBJECT: Homebuyers Assistance Program Update SUMMARY: Attached is the updated Homebuyer's Assistance Program report. FISCAL IMPACT: None RECOMIVMNDATIONS: None Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 01 08 CRA Board Meeting January\HAP Update.doc O a V w H y Oct o , �! 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LL_ i I I I I W� �� ins ��Iv1 a�j Q Q Z t L Z L N L N L to W N n 0^)i vagi vagi � !!T � �i' z �n a ��c' cl T W W W O) W a- w a w a O W W p L T ` Z Q� z Co a- z a) Z � Z Q) �! z a) z Lo �' �o ao ~o1- �F- NF' aril °i�a�' o of co 00 It LO r -- - O N O O O O IO OO O O IO O O O O O O OO O O O '1 qt O I O O O Ln L,)It M qt M MI N �I co co,)) Nj O N N N N NII N NI N NI N N I I I j I I I y} 69} Ef} Ef3 , 61 9 � 617 - - -- O O OI' O O� O O of OO O O O O OI O O O O OI Oj O O O O O O O O O O O OI O O O O O O O. O OI O O' Oj O O O Ln Ln Ln Ln LO Lo L(i Ln I U')LOIn co r i i i r Efi dq EA Efl Efl Ef} EH *C,2 E!3 Efi EA EA Q j A U O NI a) �I E (4' (6 �I OI >I O' 3 c0 `t N I O O O 0 3 I c°n c c a F- _j I 06 Y ^` L F- QI W -5 ( �I c 06 31cu�'', O cu cul >I O O 0! Y o! U)j O01 � J ca Vi J If Oil _ - O O OT— C) O -0 , O - ---- ; - -- — � - � I �o rte' ti, \I OI QI T T T Ni N N N O I Oil V. CONSENT AGENDA: I. Boynton Beach CRA and Trolley Website Updates (Info. Only) * 1 JqYN A'F diEastSide West Side—Seaside Renaissance CRA BOARD MEETING OF: January 8, 2008 X Consent Agenda Old Business New Business I I Public Hearing I I Other SUBJECT: Boynton Beach CRA and Trolley Website Statistics SUMMARY: Monthly report, generated by Google Analytics, providing data on the number of visitors to the CRA and Trolley websites: December 2, 2007 — January 1, 2008: • Agency: 1,102 • Trolley: 325 2007 Fiscal Year Summary Agency Trolley October 1— 31 1,083 285 November 1 — 30 1,401 373 December 2 — January 1 1,102 325 FISCAL IMPACT: Cost budgeted in 2006/2007 from General Fund Budget RECOMMENDATIONS: Info. Only �V 1� Margee Adelsperger Marketing and Communications Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 01 08 CRA Board Meeting January\Monthly Website Stats 1207.doc New vs. Returning - Google Analytics Page 1 of 2 adelspergerm@ci.boynton-beach.fl.us I My ccount I Hep I Contact -Us Sign Out Analytics Settings View Reports: www.boyntonbeachcra.com Overview >) New vs. Returning Export Email i! Add to Dashboard i My Analytics Accounts: Boynton Beach CRA BaYWaz H. C A Dec 2, 2007 - Jan 1, 2008 Comparing to: Site Visits a Dectmber 3.2407 Demn&r 10 2D07 IDecember 11; 2007 December 24.2007 1,102 visits from 2 visitor types DI Im Site Usage Goal Conversion Views: Visits pagesNisit Avg. Time on % New Bounce 1,102Site Visits Rate Sit 00:02:03 59.26% 51.63% % of Site Avg: 2.76 Total: Site Avg: 00:02:03 Site Avg: Site Avg: ° 100.00% (0.00 °) (0.00%) 59.07% (0.31%) 51.63% (0.00%) Visitor Type contribution to total: Visitor Type Visits Visits , Visits 40.74°4 1. New Visitor 653 59.26% 2. Returning Visitor 449 40.74% 93% Find Visitor Type: containing Go Go to: 1 Show rows: 10 1 -2of2 https://www.google.com/analytics/reporting/visitor_types?id=4528679&pdr=20071202-200... 1/2/2008 Dashboard - Google Analytics Page 1 of 2 adelspergerm@ci.boynton-beach.fl.us I My Account I Help I Contact Us Sign Out Analytics Settings View Reports: www•boyntonbeachtrolley.com My Analytics Accounts: Boynton Beach Trolley Dec 2, 2007 - Jan Dashboard 1, 2008 Comparing to: Site Export I Email i CgA, TKo&..LE� Visits id 1- 7d I December 3.2007 December 16, 2007 December 17.2007 i December 24, 206? Site Usage 325 visits 2k,*' 39.38% Bounce Rate 857 pa eviews r 00:01:48 Avg. Time on Site Ni 2.64 Paaqessit ,- on. 83.38% %a New visits Visitors Overview Map Overlay 287 visitors view report view report Traffic Sources Overview Content Overview Pages Pageview& Pagevie... / 410 47.84% Referring Sites 230 (70.77%) /map.php 323 37.69% Search Engines https://www.google.com/analytics/reporting/dashboard?reset=l &id=4528679&scid=2436191 1/2/2008 Dashboard - Google Analytics Dashboard Saved Reports Visitors Traffic Sources Content Goals Settings Email Help Resources About this Report Conversion University Common Questions Report Finder view report Page 2 of 2 62(19.08%) /fa s. h 41 4.78% Direct Traffic 33(10.15%) /about.php 40 4.67% /contact.php 19 2.22% view_ report © 2007 Google I Anal ics Home I Privacy Policy I Contact us https://www.google.com/analytics/reportingldashboard?reset=l &id=4528679&scid=2436191 1/2/2008 ONT Presented by illRuden lsky Boynton Beach OCEANFRONT CONCERT SERIES Oceanfront Park 6415 N Ocean Blvd. On AIA, just North of the Ocean Avenue bridge. Park and Ride on the shuttle - park at Bank of America on the corner of East Ocean Avenue and Federal Highway. Shuttle runs from 5:30 PM to 9:30 PM. Bring your folding chairs and prepare to dance the night away! Food €r Drinks available. For Information call: 561782-62,46 or 737-3256. INPHi-YTC RA East Side—West Side—Seaside Renaissance The Palm Be" PalmBeachPostxom VIII. PUBLIC HEARING: NEW BUSINESS: A. Rufus Ribs DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 08-002 TO: Chairman and members Community Redeveloj hent Agency Board f Michael Rum FROM: p Planning & Zoning Director DATE: January 2, 2008 RE: Rufus Ribs at the Pantry (MVU 08-002) Request for mobile vending unit permit — food vendor on private property BACKGROUND The above -referenced request was filed pursuant to Ordinance 07-024, which was approved on September 18, 2007. This ordinance established a system to review, approve and regulate mobile vendors (a.k.a. Mobile Vending Units, MVUs) within the city, with standards and requirements varying depending upon whether the MVU is proposed on public or private property, and whether the MVU would provide the sale of merchandise, food, or services. Services to be allowed are limited to selected personal services such as portraits, body art and hair braiding; automobile wash and detailing; and the repair of small household goods and tools. These regulations require the approval from the subject property owner or from the owner of adjacent property when the MVU is proposed in the public right-of-way. The ordinance also requires that all proposed MVUs be properly separated from selected uses such as parks, playgrounds, schools, places of worship, residential zoning districts, a fixed business that sells like goods or provides similar services, and another, existing MVU. Lastly, final review of applications filed under this ordinance is conducted by either the Planning & Development Board or the Community Redevelopment Agency Board. Any appeals filed in connection with Board action would be heard by the City Commission. ANALYSIS The subject request is for a MVU to provide mobile food vending services through a four (4) foot by twelve (12) foot grill and mobile kitchen prep trailer, seven foot by fourteen (14) foot in size. The proposed location is at the Pantry, a drive-through food store located at 206 South Federal Highway. This is the same food vending business that had previously operated at that location without City approvals, and is now returning for formal authorization, with the adoption of the Mobile Vending Unit ordinance. The request has been reviewed and after the conditions of approval are satisfied, it will fully meet all city requirements, as described by the attached checklist and additional exhibits that describe the proposed MVU. Any outstanding comments have been formulated into conditions of approval and must be satisfied prior to obtaining the MVU permit and operating the business. The sole remaining condition reads as follows: Rufus Ribs at the Pantry (MVU 08-002) Page 2 1. The grill and screen canopy shall be placed a distance from the Pantry's dumpster satisfactory with the City's Waste Removal Division, in order to ensure continued ease of garbage pickup. RECOMMENDATION Staff recommends that the subject request be approved, conditioned upon the aforementioned conditions of approval. Any changes in the conditions of approval made by the Board will be documented in the mobile vending permit to be issued to the applicant. LW Attachments CC: Maxime Ducoste-Amedee S:\Planning\SHARED\WP\PROJECTS\Rufus Ribs Mobile Vending Unit\Staff Report.doc MOBILE VENDING UNIT REVIEW CHECKLIST General review requirements Yes No N / A Type of MVU: food__ merchandise service Do items conform to approved items in Ordinance 07-024 match? ' Zoning district on the property of the proposed MVU: CBD Does the proposed MVU block or congest access to or around existing street furniture, traffic control devices, signposts, lampposts, parking meters, benches, phone kiosks, mailboxes, fire hydrants, landscaping, public art, and refuse containers? Would the proposed MVU interfere with/influence current or future pedestrian or vehicle trafficpatterns? Predominant colors and architectural materials in area? Materials and color of MVU? White, signage painted on outside is red. Compatible? Width of the sidewalk/pedestrian passageway remaining near proposed MVU: N/A Does at least 4 feet of clear passage remain on the sidewalk where the MVU is proposed? For car wash/detailing ,( If unit is stationary, what is the source of water? Are back-flow preventers in place at place of hook-up? Is there at least 300 feet separating the proposed MVU and any park, school or day care (private or public), place of worship, public park/playground or zoning district limited to single-family homes? Is there at least 300 feet separating the proposed MVU and a fixed business that provides goods or services similar to proposed MVU? Location of nearest of existing MVU: Meet minimum separation requirement of 100 feet? For MVIT's on public property: Dimensions of MVU: MVU less than size limits? Total area in square feet of the entire operating area (must be less than 72 sq.ft.): Width of sidewalk where MVU is to be located: Width at least 10 feet? Would the proposed MVU result in congested public ways or create a safety hazard? For MVIJ's on private property: Would the proposed MVU diminish required parking spaces? ,f Total operating area: 258 square feet Is proposed operating area the minimum necessary to reasonably perform or provide said service(s)? Comments: 1. State DPR license renewal states "The Pantry" is the recognized commissarv. Submitted 12/21/07. 2. Workers Compensation Exemption certificate submitted 12/21/07. 3. $50.00 fee paid for 1 MVU on 12/21/07. 4. Mobile kitchen is self-contained: all utilities (trash disposal power and water service are provided for by applicant. Staff Recommendation: Approval with 1 condition. S:\Planning\SHARED\WP\PROJECTS\Rufus Ribs Mobile Vending Unit\MVU review cbecklistUoc Rufus Ribs and the Pantry (MVU 08-002) �:10 5 0 10 20 30 40' G• DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-134 TO: Chair and Members Community Redeve pment Agency Board THRU: Michael Rump - t Director of Planning z+�d o ing FROM: Kathleen Zeitler u) Planner DATE: December 31, 2007 PROJECT: Chow Hut (SPITE 08-002) REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: 558 Gateway Boulevard, LLC Applicant / Agent: Mr. Anthony J. Mauro, 558 Gateway Boulevard, LLC Location: 558 East Gateway Boulevard (see Location Map - Exhibit "A'� Existing Land Use: Local Retail Commercial (LRC) Existing Zoning: Neighborhood Commercial (C-2) Proposed Land Use: No change proposed Proposed Zoning: No change proposed Proposed Uses: Take Out Restaurant with Outdoor Seating Acreage: 0.18 acre (8,057 square feet) Adjacent Uses: North: Right-of-way for Gateway Boulevard, and further north The Crossings at Boynton Beach zoned Planned Unit Development (PUD) with single-family attached residential units; South: Northeast 21st Avenue, and further (SE) Boynton- Hypol uxo Animal Clinic zoned C-2, and (SW) VFW Post 5335 zoned R-3; East: BMT Discount Beverage store zoned C-2; and West: Coin Laundry self -serve laundromat zoned C-2. Page 2 Memorandum No. PZ 07-134 Chow Hut SPTE 08-002 BACKGROUND Mr. Anthony Mauro with 558 Gateway Boulevard, LLC (owner/developer) is requesting a second one (1) -year site plan time extension for The Chow Hut Major Site Plan Modification Development Order (05-007), which was originally approved by the City Commission on November 1, 2005. At the time of site plan approval the regulations allowed a total of one (1) year to secure a building permit following site plan approval; however, the regulations have since been revised to allow an initial 18 -month period to secure a building permit. A previous site plan time extension (SPIE 06-014) for this project was approved on January 2, 2007, which extended site plan approval for one (1) year, from November 1, 2006 to November 1, 2007. If this request for an additional extension were approved, the expiration date would be extended to November 1, 2008. The subject property is located within the Federal Highway Corridor Community Redevelopment Plan Study Area I. According to the staff report for the approved major site plan modification (MSPM-05-007), the proposed Chow Hut is a redevelopment project approved for a 2,548 square foot take-out restaurant with outdoor seating. The project consists of a 1,300 square foot building, and a covered outdoor dining area of 1,248 square feet. No drive-through window or indoor seating is proposed. The project includes construction of an additional 598 square feet of enclosed building area to the existing structure of 702 square feet, for a total enclosed building area of 1,300 square feet. The building addition of 598 square feet includes a freezer/cooler room, public handicap accessible restrooms, kitchen storage area, and ice cream counter. Also, new covered outdoor dining areas under thatched chickee huts are proposed on each side of the building, with a maximum of 32 seats (including service bar area). The Chow Hut will specialize in gourmet comfort food, and is proposed to be open for breakfast, lunch, dinner, and "late late" night meals. A service bar is included within the outdoor dining area, however, the applicant has indicated that the majority of sales (90%) will be from food, not alcoholic beverages. The applicant has indicated that there will not be any amplified music played indoors or outdoors. The site is currently nonconforming relative to landscaping and ADA requirements. The proposed site improvements will bring the site up to Code as much as possible by adding architectural interest to the building, parking designated for handicap use, public restrooms which are handicap accessible, a screened dumpster with enclosure to match the building color, and additional landscaping where feasible. ANALYSIS According to the current Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have eighteen (18) months to secure a building permit from the Development Department", however at the time the site plan was approved, only one (1) year was allowed to secure a building permit. Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on October 30, 2007, prior to the expiration date of the site plan. According to the justification submitted for the requested time extension (see Exhibit "BD, the applicant states that more time is needed due to the decline in the residential market, and explains that they are relying on the increased housing in the area to support the business. The applicant also explains that additional time is needed to revise construction drawings to address the conditions of site plan approval, and to submit the plans for building permits. Page 3 Memorandum No. PZ 07-134 Chow Hut SPTE 08-002 A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. The Palm Beach County Traffic Division approved the traffic study for this project based on the previously proposed total of 2,420 square feet of restaurant area under roof. The traffic concurrency approval included a restriction that no building permits are to be issued for the project after the build -out date of 2006. Prior to site plan approval, the plans were revised from 2,420 square feet to 2,548 square feet (1300 sf enclosed building, 1248 sf under roof for outdoor dining). A condition of site plan approval requires the applicant to obtain a revised traffic concurrency approval for the additional 128 square feet proposed. The revised traffic concurrency approval will also include an updated project build out date, to coincide with the site plan time extension schedule. The site plan time extension would still be subject to conditions of approval from all previous applications. Lastly, no new land development regulations are now in place which staff recommends should -be applied to the subject project. SUMMARY/ RECOMMENDATION Staff recommends approval of this request for a one (1) -year time extension of the site plan (MSPM 05-007) for The Chow Hut project. If this request for extension were approved, the expiration of this site plan would be extended to November 1, 2008. Staff is generally in favor of the redevelopment efforts represented by the approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Community Redevelopment Plan for this area and provide economic revitalization. If this request for site plan time extension is approved, all outstanding conditions of approval from the major site plan modification approval must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or approved by the City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "CD. S:\Planning\SHARED\WP\PROJECTS\Chow Hut\SPIE 08-002\Staff Report.doc Exhibit "A" - Site Location Map Chow Hut - SPTE 08-002 N 110 55 0 110 220 330 440 lb" I 6mmmm� Feet w E S � Exhibit T" Chow Hpt 555 Gateways Blvd. Boynton Beach, ['L 33435 October 28, 2007 The City of Boynton Beach Development Department Planning and Zoning Division 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33483 RE: Chow Hut File No: MSPM 05-007 Location: 558 NE 22°d Ave (Gateway Boulevard)'; Dear CRA and Commission Members, We respectfully request a one year extension to over site plan modification approval. My partner Doug Peters and I are very passionate abort developing this property correctly and at the right time. After hundreds of hours of reviewing and modifying our plan, we feel strongly that the time is right to move forwar4. Mr. Peters and I are counting on the increased housing in the area to support our bus in0ss. Because of the decline in the market, this has taken more time than we had orig¢nally expected. Although the new home sales have dropped significantly, we see most units starting to move and see two new projects coming out of the ground as we writ this note. We are confident that our detailed review and planning will help to ensure our long term success. We have also realized a significant drop in construction costs thot were prohibitive at this time last year - The key to having a successful restaurant is proper planning and we feel very confident that our schedule, updated construction costs and plans are where they need to be. It has been a business decision to hold off until the right: time. We appreciate the support of the commission and town staff for our project and giviing us the opportunity for success. As requested, we will also be revising the pages of our approved site plan to incorporate all conditions of approval, as applicable. A copy of the Development Order, including these conditions, will accompany the submission of the fully amended site plain set. We will also include all documents and third party letters listed in the conditions approval that need to be submitted with our permit package. Our package for permit will be submitted for approval by the end of November, 2007. / Partner OCT 30 2007 PLANNING AND ZONING DEPT EXHIBIT "C" Conditions of Approval Project name: The Chow Hut File number: SPTE 08-002 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 1. The site plan time extension shall be subject to all previous Conditions of Approval corresponding with MSPM 05-007. Conditions of Approval DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Chow Hut\SPTE\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Chow Hut APPLICANT'S AGENT: Mr. Anthony Mauro, 558 Gateway Boulevard, LLC APPLICANT'S ADDRESS: 558 Gateway Blvd, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 5, 2008 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY Request a one (1) -year site plan time extension until November 1, 2008, for a building addition to a proposed restaurant on a 0.18 acre parcel in the C-2 zoning district. 558 Gateway Boulevard (south side of Gateway Boulevard, 2 lots west of North Federal Highway). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. _ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Chow Hut\SPTE 08-002\DO.doc v a -JAqYN East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 8, 2008 Consent Agenda X Old Business New Business I I Public Hearing I I Other SUBJECT: Consideration of Proposals for Redevelopment of Old High School SUMMARY: Since 2005 discussion has taken place of how to save and incorporate the Old High School into the redevelopment of the downtown area. Attached is a timeline of events regarding the potential redevelopment of the Old High School. In 2006, the CRA Board issued a national Request for Proposal (RFP) searching for an entity with experience and funding to execute redevelopment of this site. The search resulted in two proposals: 1.) Five Towns College from Dix Hills, New York for a performing arts college; and 2.) Brenner Real Estate for the Boynton Charter School. Five Towns College was selected and after five months of negotiations, the College advised the CRA Board in February they were no longer interested in completing the project citing renovation costs. In March, the CRA Board directed staff to no longer pursue redevelopment of the old high school site during the Downtown Master Planning process, as the Downtown Master Plan could recommend consideration of larger redevelopment opportunities for the Town Square area. However, in July 2007, the Board directed staff to pursue discussions with interested parties and encourage them to submit proposals for Board consideration. Also, Board direction proposed the completion of the Downtown Master Plan in the first quarter of 2008 as the deadline to receive proposals. Attached is a spreadsheet of the interested parties with information on what they propose and potential funding sources. Both Z Management and Community Development Partners have discussed the possibility of both private/public uses in the School as well as a more comprehensive redevelopment of the entire Town Square area consistent with the recommendation of the draft Downtown Master Plan. Both of these proposers have stated that they will rely heavily on private funding as well as applying for Historic Tax Credits to redevelop the project. There is an expectation that CITY/CRA funds would be necessary to cover the operational costs for any public portions of the project. FISCAL IMPACT: None. RECOMMENDATIONS: Provide staff direction. Vivian L. Brooks T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 01 08 CRA Board Meeting January\Old High School.doc n W � o CD CD cp cD 'O0 0 C> O C) CD v, O O �A O O to O v, O c -A O cn O v, 'o w w CC n O ►� CD s ¢t (�9 ��h �O* CD (D CCD Qq CSD `C CD `O (D `O M10, C CD o CD co o `< E i C7 CD 0 n p, -� � CD � CD CD F.• Z, n° CS. d o o o CD CACD w CD D P, �' ►TJ 0CP -' se CD o 51 O CD CD CD o �'o c c U' CD 0 o C� CD s ... c CD ° ° ,� CD x y CDo "'C� CD o Wo �� a oCD a Cp a CD � � �j � cp � O � CODCD � CD rypCD ar O CD U CD CD a CCD b CD o arca o oCD ciao o CD o �• o g n o r ;? CD CD o. O P C' �. a va 0 0 0 cn p, 0 ab O� ►� aw CD CD CD CD CD CD CD CD N o p b� o 'c3 0 UQ ¢' 0 UQ o. y O G A n O CD CD UQ i va CD -t cr CD CD. CD a. n a CD ° O X V�' CCD O p; O � n ,� CD r. cD � w �• �' n Q.• C e o CD n W N n w .TI 7 a 0 0 0 0 0 OA A O CCD CD ° CD CDO W aeras CD C O ~ cr o O o ro o ,7 r* ° o (0 o aro 0 CD �c o' o CA O CD o x a r CD a?, N�xoo0 0 0 0 . CD CD CD CD CD ~° C4 cm �4- U) < c a o CD 0 0� N n w _ 40k .• N O O O < ° CSD CD CL C CD m O h9 C, O 00 n w a c�D G O n x CD N CD n a p CD d a. m' A CD ° CD 7C' �" C. N O o CA w p o H caD '" m G. w O V ° Ao c IC+• N CD w" v € n Q m cD A w O CD CD �! n Oo ,��' � cD p z o z o �1 ►rJ a° CD O�0' 0 o' CD CD o w A �* � A, A �'* � a � � � �• N `O y N rAn vCDi ti m m K ° a 8 CD C 0 CD OR � CD m °•�•CD i O `C < o CD CD C O O o � CL O O CL O CD N CDCL m 0 CI. CD W w — n a O w O o m w CD rA G w CD Fn co CD N A A cD Historical Documents Pertaining to CRA Involvement with Old High School Don't miss your opportunity to help decide what's next! Join us for an 41POW //OSWO sponsored by the Boynton Beach Community Redevelopment Agency at The Bo nton Beach Librarymeetin room y g Stop in anytime! from Thursday, March 16 - 5-S p Friday, March 17 - 1.4 p Saturday, March 18 - 11 a•2 p Old High School Conditions & Deadlines 1. January 6, 2006 Master Project Plan submitted to City Commission for approval. 2. October 6, 2006 (maximum — 9 months after #1) CRA shall begin Phase I adaptive re -use. 3. September 30, 2006 CRA will raise and/or budget $50,000 during FY 2005-2006. 4. September 30, 2006 CRA will raise and/or budget $700,000 during FY 2005-2006 5. September 30, 2007 CRA will raise and/or budget $1,250,000 during FY 2006-2007 6. April 6, 2006 CRA will submit to City report semi-annually beginning six months from effective date of Agreement 7. November 7, 2005 CRA will provide to City Risk Manager Certificates of Insurance to include Commercial General Liability and Property insurance. CALENDAR November 7, 2005 #7 January 6, 2006 #1 April 6, 2006 #6 September 30, 2006 #3 & #4 October 6, 2006 #2 September 30, 2007 #5 Mold High School/Conditions and Deadhnes.doc AGREEMENT BETWEEN CITY OF BOYNTON BEACH ("CITY") AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA") This Agreement (hereinafter "Agreement") is made the , day of 2005, between the CITY OF BOYNTON BEACH, a municipality located in Palm Beach County, Florida (hereinafter "CITY") and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part 111, of the Florida Statutes (hereafter "CRA"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. RECITALS WHEREAS, Section 163.380, Florida Statutes, authorizes the City to transfer real property or any interest therein acquired by it for community redevelopment in a community redevelopment area, as it deems necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of Section 163, Florida Statutes; and WHEREAS, on March 1, 2005, the CITY Commission voted 4-1 to approve the restoration of the Old High School ("School") and to authorize the CRA to return to the CITY Commission with the formal documents by April 5, 2005; and WHEREAS, the City has determined that it is in the public interest to transfer the School to the CRA for the prevention of the development or spread of future slums or blighted areas; and WHEREAS, the CRA will take sole ownership and control of the School and will be solely responsible for the maintenance, adaptive re -use, insurance, leasing and redevelopment of the School. Dusted: MAOId High SchoohRevised Old high school transfer of ownership agreement revised 9-23-05.doc TMEVELOPMENMId High SchoohRevised Old high school transfer of ownershio agreement revised 9 23-05 dor;_ NOW, THEREFORE, it is agreed and understood by and between the parties hereto as follows: SECTION ONE - TRANSFER OF OWNERSHIP 1.1 The City will execute a special warranty deed, attached hereto as Exhibit A, in favor of the CRA within 30 days of the execution of this Agreement. 1.2 The special warranty deed will transfer in fee simple all rights, title and ownership in the School to the CRA subject to a reversionary interest in favor of the City. The reversionary interest shall provide for automatic reversion of the property to the City on written notice that any condition subsequent set forth in this Agreement has not occurred. 1.3 If CRA is no longer willing or able to comply with the requirements as set forth within this Agreement, CRA will notify City in writing, and City will exercise its right to automatic reversion within 30 days of receipt of written notice. If the City chooses not to exercise its right to automatic reversion, the School, including the grounds, become the property of the CRA free and clear of any obligations within this Agreement. SECTION TWO - DEFINITION OF SCHOOL 2.1 The Old High School ("School") property will include the building at the building's footprint only. The City will provide ingress and egress across City property to the School. Deleted: WOW High SchoollRevised Old high school transfer of ownership agreement revised 9-23-05.doc TADEVELOPMENT\Old High SchoolRevised Old high schogi transfer of ownership agreement revised 9-23-05.dor,_ _ SECTION THREE - CONSIDERATION 3.1 The City will transfer ownership of the School to the CRA for the amount of $10.00 and other valuable consideration as set forth herein. SECTION FOUR - CONTROL 4.1 After the transfer of ownership from the City to the CRA, the CRA will be solely responsible for maintaining, controlling, adaptive re -use, leasing, insuring, redeveloping and adapting the School to its future uses. The CRA shall create A Building's Use Allocation Plan and Restoration Phasing Plan (the "Plan"), including a parking element addressing the provision of necessary parking for operation of the adaptive re -use of the School, which shall be contained in a Master Project Plan that shall be presented to the City Commission for approval. The Plan shall be submitted to the City for approval no later than 90 days from the effective date of this Agreement (Condition Subsequent #1). The Plan shall include Proposed Partnership Agreements with the Cultural Board and / or other primary users. Subsequent proposed amendments to the Plan must be presented to the City Commission for approval. SECTION FIVE - PHASING PLAN FOR RESTORATION AND REDEVELOPMENT OF THE SCHOOL 5.1 The School will be adaptively re -used and redeveloped in accordance with the Secretary of Interior's Historic Presentation Standards (36 CFR 68) and as defined in the CRA Project Plan. The School will be placed in usage in sections or phases to allow for initial operations to begin as quickly as possible. SECTION SIX - RESPONSIBILITIES OF THE CRA TADEVELOPMEWROld High SchooN2evised Old high schod transfer of ownership agreement revised 9 23 05 dog, Derleted: MAOld High SchoohRevised Old high school transfer of ownership agreement revised 9-23-05.doc 6.1 The CRA shall maintain the School's interior and exterior in an acceptable, clean, safe and neat manner. The grounds of the School will be maintained by the City unless improvements to the grounds are made by the CRA, and in that case, the CRA will maintain those particular improvements on the grounds, unless otherwise agreed to by the parties. 6.2 The CRA shall begin Phase I adaptive re -use no later than nine (9) months after Plan approval (Condition Subsequent #2). SECTION SEVEN - FUNDING 7.1 The CRA will raise and/or budget $50,000 during the fiscal year during which this Agreement is executed (Condition Subsequent #3). The purpose of these funds will be: a. Acquire building and site from City. b. Develop partnership agreements with other entities and establish a Project Team to guide the project completion. C. Develop and manage a Request for Qualifications to secure a Restoration Architect and other needed specialists. d. Develop a Project Plan defining the building use layout, space allocation, phasing/budgeting and adaptive re -use construction phasing schedule. e. Submit Project Plan for City Commission approval. f. Execute a grant funding strategy and complete funding requests. g. Bid adaptive re -use construction. h. Phase I Renovation and adaptive re -use commences. Deleted: MAOld High SchoollRevised Old high school transfer of ownership agreement revised 9-23-05.doc TADEVELOPMENTQld High Schoof%Revised Old high schoo transfer of ownership agreement revised 9-23-05.do� 7.2 The CRA will raise and/or budget $700,000 during fiscal year 2005-2006 (Condition Subsequent #4). 7.3 The CRA will raise and/or budget $1,250,000 in fiscal year 2006-2007 (Condition Subsequent #5). 7.4 The CRA will not rely upon the City for funding for the School project. 7.5 This Agreement shall not be viewed as a commitment to budget funds beyond the current budget year, but failure to budget shall be grounds for reverter to the City. SECTION EIGHT - REPORTING REQUIREMENTS 8.1 As a condition of the transfer of ownership of the School to the CRA, the CRA will be required to prepare and submit semi-annual reports to the City, beginning six (6) months from the effective date of this Agreement (Condition Subsequent #6). 8.2 The semi-annual reports will be submitted by the Director of the CRA to the Mayor and Commission of the City, and will contain all pertinent information with regard to the status of the adaptive re -use and redevelopment of the School, including but not limited to: financial reports, restoration status, leasing status, and redevelopment status. SECTION NINE — REVERTER 9.1 If the CRA fails to meet these deadlines as set forth above, upon written notice, the School will automatically revert back to the City, unless the CRA and the City agree in writing to amend this Agreement and extend the deadlines for an amount of time at least equal to the delays caused by extenuating circumstances. If the CRA fails to meet its goals of maintenance, restoration and redevelopment of the School in the time frames set oelleted: MAOld High SchoohRevised Old high school transfer of ownership agreement revised 9-23-05.doc TADEVELOPMEN-ROld High SchoohRevised Old high schg% transfer of ownership agreement revised 9-23-05.dg%....... i forth herein, and no agreement for extension is reached, the property will revert to the City upon written notice. SECTION TEN - NOTICES 10.1 Any and all notices required or permitted to be delivered pursuant to the terms of this Agreement shall be effective upon receipt, but in any event no later than three (3) days after posting by U.S. Mail, certified or registered, postage prepaid or one (1) day after delivery to an expedited courier service such as Federal Express to the addresses listed below. Any of the parties described herein may change their address by giving notice to all other parties set forth in this subsection. If the CITY: City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Attention: Kurt Bressner, City Manager With a copy to: James A. Cherof, City Attorney 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 If the CRA: Boynton Beach Community Redevelopment Agency 639 E. Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 Attention: Douglas C. Hutchinson, Director With a copy to: Kenneth G. Spillias, Esquire Lewis, Longman & Walker, P.A. T:\DEVELOPMENT\Old High SchoohRevised Old hiah schg%transfer of ownership agreement revised 9 23-05 doq_ Deleted: M:\Old High SchoohRevised Old high school transfer of ownership agreement revised 9-23-05.doc 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 SECTION ELEVEN - APPLICABLE LAW 11.1 This Agreement shall be construed in accordance with the laws of the State of Florida. SECTION TWELVE - VENUE 12.1 Each of the parties hereto are authorized to enforce the terms of this Agreement in a court of law in Palm Beach County, Florida, and may seek all remedies available at law and in equity. The prevailing party in such litigation shall be entitled to reasonable costs and attorneys' fees, including fees incurred through any appeals. SECTION THIRTEEN - VALIDITY 13.1 In the event any one or more of the provisions contained in this Agreement is for any reason held invalid, illegal or unenforceable in any respect, such invalidity or illegality or unenforceability will not affect any other provision hereof and this Agreement will be construed as if the invalid, illegal or unenforceable provision had never been contained herein. SECTION FOURTEEN ENTIRE AGREEMENT 14.1 This Agreement constitutes the entire understanding of the parties and any previous agreements, whether written or oral, are superseded by this Agreement. Any amendment of this Agreement must be reduced to writing and executed with the same formality by both parties. SECTION FIFTEEN - RECORDATION Dek!ted: M:101d High SchooN2evised Old high school transfer of ownership agreement revised 9-23-05.doc TADEVELOPMENT\Old High SchooARevised Old high schgo transfer of ownership agreement revised 9-23-05.dg%....... 15.1 This Agreement shall be recorded in the Public Records of Palm Beach County, Florida. SECTION SIXTEEN — INDEMNIFICATION AND INSURANCE 16.1Without waiver of limitation as per Section 768.28(5), Florida Statutes, and to the extent permitted by law, the CITY and the CRA agree to indemnify and hold harmless the each other from any claims, losses, demand, cause of action or liability of whatsoever kind or nature that the CRA or the CITY, or either parties' agents or employees may or could incur as a result of or emanating out of the terms and conditions contained in this Agreement, that result from CRA's or CITY's or any contractor'(s)negligence or willful conduct (or that of their respective agents or employees) or from breach of this Agreement. 16.2 CRA shall maintain at its own cost and expense all insurance policies providing coverage to the Property. However, CRA shall be responsible for obtaining the following identified insurance and showing City as an additional insured: Certificates of Insurance reflecting evidence of the required insurance shall be filed with the City's Risk Manager prior to the commencement of this Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business pursuant to the laws of the State of Florida. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. Insurance shall be in force until the obligations required to be fulfilled under the terms of this Agreement are satisfied. In the event the insurance certificate T:\DEVELOPMENT\Old High SchooN2evised Old high schoo transfer of ownership agreement revised 9-23-05.d Deleted: MAOld High School\Revised Old high school transfer of ownership agreement revised 9-23-05.doc provided indicates that the insurance shall terminate and lapse during the period of this Agreement, then CRA shall furnish to City, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the contract and extension thereunder is in effect. The CRA shall not utilize the Property pursuant to this contract unless all required insurance remains in full force and effect. Commercial General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: Property, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit - each occurrence $1,000,000 Combined Single Limit - general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate CRA shall be responsible to maintain any and all insurance necessary in an amount adequate to cover the cost of replacement of all improvements, fixtures and contents in the Property in the event of a property loss (Condition Subsequent #7). SECTION SEVENTEEN - REMEDIES 17.1 This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal actions necessary to enforce the Agreement will be conducted in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereinunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of Deleted: M:wld High SchoohRevised Old high school transfer of ownership agreement revised 9-23-05.doc TADEVELOPMENT\Old High Schoo4Revised Old high school transfer of ownership agreement revised 9 23-05 do%_ _ _ any right, power or remedy hereinunder shall preclude any other or further exercise thereof. SECTION EIGHTEEN INTERPRETATION 18.1 This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. SECTION NINETEEN - BINDING AUTHORITY 19.1 Each party hereby represents and warrants to the other that each party executing this Agreement on behalf of the CITY and CRA or any representative in that capacity, as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing this Agreement. SECTION TWENTY - EFFECTIVE DATE 20.1 This Agreement shall become effective on the date last signed by the parties. SECTION TWENTY-ONE - ANNUAL BUDGET APPROPRIATIONS 21.1 The CRA's obligations under this Agreement are contingent upon annual appropriation. Deleted, MAOld High SchooN2evised Old high school transfer of ownership agreement revised 9-23-05.doc TAQEVELOPMENT\Old High SchoollRevised Old hiah schgoransfer of ownership agreement revised 9 23-05 dog, THE PARTIES HERETO have signed this Agreement as of the Effective Date. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Jeanne Heavilin, Chair CITY OF BOYNTON BEACH By: Jerry Taylor, Mayor ATTEST: By: Town Clerk APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL SUFFICIENCTY SUFFICIENCY: Lo Kenneth G. Spillias, Esq. CRA Attorney James Cherof, Esq. City Attorney (:\Client Documents\Boynton Beach CRA\2419-000\Misc\Agreements\Revised Old high school transfer of ownership agceement.doc Deleted: MAOld High r SchoollRevised Old high school transfer of ownership agreement revised 9-23-05.doc TADEVELOPMENT\Old High SchooARevised Old high schMItransfer of ownership agreement revised 9 23-05 d_,r -- _ Schoolhouse Children's Museum BOARD OF DIRECTORS October 4, 2005 Brian Edwards research study, prepared the submittal for national register designation to the Department of PRESIDENT Interior and RFP for site determination focusing on community involvement. Our Board brings LIBRARY/MUSEUMARCHIVIST Dear Mayor and City Commissioners, Nancy Ernst that expertise to complete the anchor for Boynton's cultural campus. VICE PRESIDENT EDUCATION & EXHIBIT On behalf of the Board of Directors of the Boynton Cultural Centre, Inc., I would like to Susan Buchanan commend you on your due diligence in regard to Boynton's 1927 high school. As you vote on SECRETARY the Interlocal agreement between the City of Boynton Beach and the Community Virginia Farace Redevelopment Agency, we offer our assistance in the following areas. TREASURER Sincerely, Deidre Mahler The Board will take a proactive approach in the adaptive reuse of the former high school. The IMMEDIATE PAST PRESIDENT CRA has assured us in good faith that even though it is not a tri -party agreement, they intend Helen Freedman to utilize our expertise to represent the community aspect of the project. We take that as a John Alvaro commitment to serve in the following manner: Jane Brief Jean Cairo . Begin immediate negotiations with the CRA on a partnership agreement which will Marilane Chaney identify and determine the operations and income strategies of the building including Angela Girtman food service, gift store and rentals Alvin Jackson • Be responsible and accountable for defining adaptive reuse of the space Dale Kirk • Produce a ROI report Allison Smith • Frame the questions and initiate a community survey based on city demographics including but not limited to COWBRA, condo associations, homeowner associations Voncile smith and high school students to assure the final plan best serves our community Susan Villia • Maximize the utilization of the cultural resources of the 1913 and 1927 buildings EUi°" Williammss • Explore fundraising strategies to include the identification of potential partners Kenneth M. Kaleel combining philanthropy, historic preservation and other government funding, arts and GENERAL COUNSEL the humanities STAFF Preserve the cultural and historic integrity of the school while balancing and Arleen Dennison expanding economic opportunities EXECUTIVE DIRECTOR Cynthia Mann The work that the Cultural Centre has completed to date is a space needs plan, market ADMINISTRATIVE SECRETARY research study, prepared the submittal for national register designation to the Department of Janet DeVries Interior and RFP for site determination focusing on community involvement. Our Board brings LIBRARY/MUSEUMARCHIVIST previous experience in these areas as stated in our mission statement and plans to exercise that expertise to complete the anchor for Boynton's cultural campus. Judi Marsh EDUCATION & EXHIBIT DIRECTOR We respectfully appreciate your support and confidence to lead this portion of the project as the City, and the CRA continues to fulfill the essential tasks of service and redevelopment to LaShonda Harrison EDUCATION SCHEDULER our community. As always, thank you. Gloria Klugman Sincerely, ASSISTANT EDUC. DEPT. Natalie Cius Brian Edwards Helen Freedman President Mary Lou Riccio VISITOR SERVICES cc. CRA Board Members, Kurt Bressner, Wilfred Hawkins, Doug Hutchinson and Lisa Bright Berri OTleill r • n n vrrrn, v. rs nn avenue Boynton Beach, Fl- 33435 -6780 Fax (561) 742-6781 hoolhousemuseum.ora Brew's MLcsetcwt PGiLwi, Beach Couv�ttJ, 2003, 2004 awd 20051 BOYNTON CULTURAL CENTRE, INC. Boynton Beach, Florida REQUEST FOR PROPOSAL MASTER PLAN DESIGN AND IMPLEMENTATION of the Former 1927 Boynton High School DUE --------- No later than 11 a.m. eastern standard time REQUEST FOR PROPOSAL MASTER PLAN DESIGN AND IMPLEMENTATION of the Former 1927 Boynton High School Mailing Address: Boynton Cultural Centre, Inc. c/o Schoolhouse Children's Museum 129 East Ocean Avenue Boynton Beach, FL 33435 (561) 742-6784 Fax (561) 742-6781 Actual Address: Directly west of 129 East Ocean Avenue, Boynton Beach, Florida 33435 Section 1- The Project A. Background on the former 1927 High School The former 1927 Boynton High School is a two story school building located on the northeast side of Seacrest Blvd. and Ocean Avenue in downtown Boynton Beach. While it sits in the center of "Town Square", it is directly adjacent to the restored and renovated 1913 Boynton Elementary School that is listed on the National Register of Historic Places and utilized as a regional children's history museum; directly north of the Boynton Beach City Library which is currently going through reconstruction/expansion; northwest of the Recreation Department's Civic Center; and south of City Hall. The last time the facility was used as a High School was when the Class of 1949 graduated. Most recently, it has been a city owned building that has been used primarily for storage over the past several years. The Boynton Beach Community Redevelopment Agency ("CRA' has come forth to lead the financial effort to restore the 1927 building. Boynton Cultural Centre, Inc. who operates. the adjacent Schoolhouse Children's Museum, has been identified by both the City of Boynton Beach and the CRA, as the most practical group to lead the effort to define the use of the building and operate it for cultural purposes. Several reports and studies exist on this facility that brought the community to the decision not to remove the building. The Bert Bender and Associates Report summarizes the structural, environmental and mechanical integrity of the building. The O'Gorman and Budano Team identify cultural uses of the facility. Currently, the City of Boynton Beach, the long term owner of the building, will continue to take responsibility of approving the partnership roles and the CRA is spearheading the effort to hire a restoration architect. The 1927 High School has been partially stabilized and treated so that it is possible to tour but not currently habitable. The exterior environment, occupying an entire city block with the adjacent museum, is well maintained. Both buildings front Ocean Blvd. Parking rings the outside perimeter. Municipal offices including the Police Department and a parking garage are sited on the north side of NE 1s� Avenue. Site improvements include a children's playground north of the children's museum, public restrooms and amphitheatre east of the museum and a vehicular drop off plaza in front of the museum. The Boynton Beach High School is a two story stucco building executed in a Mediterranean Revival style characterized by clay barrel tile on portions of three elevations. The front facade is flanked with flat roofed towers rising above the center wing and porches nicely detained with arched openings and Doric columns engaged to the wall on each side of the arch. The two story structure, with a footprint of approximately 40,000 square feet, dating to 1926-27 has classrooms and a gymnasium/auditorium on the second floor and classrooms, administrative areas, a cafeteria area and service areas on the first floor. There are four sets of stairs in the building with no elevator. The roof of the gymnasium consists of a modified bitumen roof on timber decking, heavy timber beams and steel bowstring trusses which bear on stucco clad structural clay tile walls: At the rear of the gymnasium is a stage area whose roof is the same shape as the gymnasium roof but its construction consists of wood decking and replacement plywood on wood joists and steals beams. Currently bleacher style seating surrounds the three side walls of the gymnasium. 3 An application for National designation is currently under review by the State of Florida with hopes to submit in March 2006. B. On the Adjacent 1913 Schoolhouse Children's Museum, a building with National Register of Historic Places designation In 1996, the Boynton Cultural Centre was established to undertake a very similar task with the 1913 Boynton Elementary School. The mission of the organization is to encourage children and families who reside in or visit Boynton Beach and surrounding communities to learn about themselves and the history of Palm Beach County through a stimulating array of hands-on and interactive exhibitions, programs, activities and special events -which focus on the richness and diversity of the local cultural heritage. In creating a focal point for the cultural renewal of Historic Boynton Beach, the Museum seeks to fulfill its mission in the following ways: 1. By building partnerships among area schools, libraries, historical societies, businesses, community organizations and Focal government entities that are committed to offering programs which supplement and complement school curricula in social studies, applied science, humanities and fine arts. 2. By fostering parental involvement in their children's learning through programs and activities that families can enjoy together. 3. By supporting and facilitating the preservation and growth of local historic resources. The Boynton Beach Elementary School, built in 1913 and located at 129 East Ocean Avenue, is a two story structure of symmetrical design, retaining the original characteristics of its Masonry Vernacular style, highlighted by features such as rusticated concrete block construction, an arched entry porch and a bell tower. The school is historically significant, not only in terms of its architectural legacy, but also in terms of its role in the development of public education in southeast Florida. The Palm Beach County School Board used the building in the early 1990's for special 4 programs such as English for Speakers of Other Languages (ESOL) and handicapped children's programming. Most recently it has gone through a $1.4 million renovation, restoring the original Dade pine floors, installing an elevator, a small kitchenette, track lighting and computer wiring capabilities. There is also one interior stairway within the building. Attached is a case statement developed for fundraising purposes outlining a preliminary conceptual plan for the 1913 Schoolhouse. These drawings were not the final exhibit documents but they were instrumental in identifying adaptive reuse of the building, naming opportunities, along with the public interest and support of particular theme areas. The Schoolhouse Children's Museum attracts over 35,000 visitors with a strong emphasis in 2-8 year olds and +1,200 memberships each year in the four years it has been in operation. It has been Recipient of First Place in South Florida Parenting's tri -county Kid's Crown Award voted Best Children's Museum among family outings in 2003, 2004 and 2005 and named in AAA's 2004 & 2005 Florida Destination Travel Directory as a "Must -See". Situated on Ocean Avenue in the heart of Boynton Beach, it draws visitors from local schools and families, residents from Jupiter to Fort Lauderdale and out-of-state tourists visiting throughout the year. The City of Boynton Beach and the Boynton Cultural Centre, Inc. received grants from the Florida Department of State, Historic Preservation Grant -in -Aid Program. The grants were made for the purpose of preserving the historic qualities of the property and for contributing to the historic character of the district in which the property is located. The City, as part of the grant requirements, has agreed to maintain the property in accordance with good preservation practices and the Secretary of the Interior's Standards for Rehabilitation. 5 Section 2- Scope of Work A. Approach and Process in this Project The scope of work is defined as a comprehensive cultural centre/museum design Master Plan to include the following components: 1. Space Planning and Concept Development A. Frame the manner in which a two day community creative design workshop/focus group/charette process based on involvement from the surrounding demographics. Include neighborhood associations, condo associations, homeowner associations, organizations, businesses and High School students to assure the final plan best serves the broad community. All travel expenses will be incurred by the consultant. The Boynton Cultural Centre will assume the expenses of conducting the workshop limited to invitations, refreshments, facility, photocopying and presentation equipment. B. Produce a defined adaptive reuse of the space, themes, markets served and programs taking into consideration research of the community feedback and other countywide cultural organizations C. Identify and determine operations and income strategies for the building including food service, gift store, office, storage and rentals D. Maximize the utilization of the cultural resources of the 1913 and 1927 buildings, including benefits of submittal for National Register designation to the Department of Interior E. Explore fundraising strategies to include the identification of potential partners combining philanthropy, historic preservation and other government funding, arts and the humanities F. Preserve the cultural and historic integrity of the school while balancing and expanding economic opportunities by producing an economic impact summary report 2. End Product Deliverables A. Two hard copies and one CD master of an assessment report to be submitted by the contractor along with six conceptual renderings depicting potential/actual 11 exhibition/schematics for marketing purposes as well as an estimated budget based on current market standards. In addition, the harmonious and congruent flow of the two historic facilities must be defined. B. Two hard copies and one CD master of a camera ready four color case statement that may be reproduced to assist in fundraising efforts. The Boynton Cultural Centre, Inc. requests that a time frame and fee -payment schedule be submitted for each of the above components of the design firm's requirements. B. Experience in the development and planning of cultural centre/ museum exhibitions The exhibition design firm is requested to provide professional examples in written and photographic form of relevant projects. A minimum of (3) projects is required. The exhibition design firm is also required to provide minimum of (3) professional references with contact name, title, institution or business name, address and phone number. Please provide your firm's contact information as well. Section 3- Submittal Information A. The Boynton Cultural Centre will receive proposals until -----, at --- a.m. at the Schoolhouse Children's Museum, 129 East Ocean Avenue, Boynton Beach, FL 33435 to provide professional services for the cultural centre/museum Master Plan design relating to the former 1927 Boynton High School. B. Proposals received after the above stated time and date will not be considered. It shall be the sole responsibility of the applicant to have their proposal delivered to the Schoolhouse Children's Museum for receipt on or before the above stated time and date. Proposals that arrive after the above stated deadline as a result of delay by the mail service shall not be considered and shall not be opened at the public opening, and arrangements shall be made for their return at the applicant's request and expense. The Boynton Cultural Centre, Inc. reserves the right to consider Proposals that have been determined to be received late due solely to mishandling by our staff after receipt of the proposal and prior to the award being made. C. Proposals will be publicly opened and read aloud at the Schoolhouse Children's Museum, 129 East Ocean Avenue, Boynton Beach, FL 33435 immediately after --- a.m., on ---. D. If there are any questions in regard to this request, please call: Arleen Dennison, Executive Director at 561.742.6784. A pre -submittal conference will be held on ------- at the Schoolhouse Children's Museum, 129 East Ocean Avenue, Boynton Beach, FL 33435, for clarification or to answer any questions pertaining to this Request for Proposal. All proposers are highly recommended to attend this conference, as no additional information will be given over the telephone and no additional meetings will be scheduled with the proposers to discuss the project. The issuance of a written addendum is the only official method whereby interpretation, clarification or additional information can be given. If any addendum(s) is issued to this Request for Proposal the Boynton Cultural Centre, Inc. will attempt to notify all prospective proposers who have secured same, however, it shall be the responsibility of each proposer, prior to submitting the proposal, to contact Boynton Cultural Centre Inc. at 561.742.6784 to determine if any addendum(s) was issued to make any addendum acknowledgements as part of their proposal. E. Copies of the proposal shall be submitted in one sealed package clearly marked on the outside "FORMER 1927 HIGH SCHOOL EXHIBITION PROPOSAL", and addressed to: Arleen Dennison Executive Director Boynton Cultural Centre, Inc. 129 East Ocean Avenue Boynton Beach, FL 33435 Faxed proposals will not be accepted. F. Proposals shall clearly indicate the legal name, address and telephone number of the applicant (firm, corporation, partnership or individual). Proposals shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the applicant to the submitted proposal. Applicants must note their Federal I.D. number on their proposal. G. Any/all expenses for making proposals to the Former 1927 High School are to be borne by the applicant. H. The applicant is asked to submit a sample draft contract with the Request for Proposal for review. The Boynton Cultural Centre, Inc. reserves the right to modify the contract language prior to execution. The actual scope of service and the contract price will be negotiated following selection of the top firm. The scope of services will closely track the scope of work detailed in this Request for Proposal. The Boynton Cultural Centre, Inc. reserves the right to include additional provisions if the inclusion is in the best interest of the Boynton Cultural Centre, Inc. I. The Boynton Cultural Centre, Inc. reserves the right to reject all proposals in its discretion. The Boynton Cultural Centre, Inc. also reserves the right to waive irregularities and technicalities and to re -advertise for additional proposals. All costs and expenses related to preparation and submission of a proposal are the responsibility of the proposer. Section 4 - General Information and Selection Criteria A. The proposal should be designed to portray how the applicant's range of services will best assist with the restoration and renovation of the Former 1927 High School as both a cultural centre/museum and historical site. In order to evaluate the capabilities of all firms, each proposal shall include, at a minimum, the following information: 1. Experience of the firm with similar projects especially those with historical we restoration and renovation significance. 2. It is essential that the project be supervised and carried out by personnel possessing training and experience appropriate to the nature of the project. The proposal shall include: a) The names and positions of each professional to be assigned to this project include familiarity with cultural centers/museums and with historical restoration and renovation projects. b) The estimated amount of involvement expressed as a percentage of time, of each of the staff members. c) The willingness and ability to complete the project within the time and budget constraints' considering the firm's current and projected workload. d) Resumes of academic training and employment in the applicable fields. e) Evidence of possession of required licenses or business permits. f) Evidence of any previous experience in projects of a similar nature - provide contact names and phone numbers along with project names and appropriate agency contacts. 3. Reference listing, including contact names and phone numbers. 4. A list of all lawsuits in which the firm has been named as a party in the past two (2) years. B. The Boynton Cultural Centre, Inc. will provide a panel selected from its Board of Directors, the CRA, staff and/or committee members. Firms may be asked to make formal presentations to the panel, which will evaluate and rank the top three firms and make a final selection for this project. The consultant will incur any and all travel expenses. The Boynton Cultural Centre, Inc. reserves the right to: Award the contract for the work described by the Request of Proposal to produce the most favorable end result for the Boynton Cultural Centre, Inc. ME ➢ Waive any defect, irregularity or informality in any Proposal or Request for Proposal procedure ➢ Reject or cancel any or all Proposals ➢ Reissue an invitation for a Request for Proposals ➢ Extend the Request for Proposals opening time and date ➢ Procure any item by other means ➢ Increase or decrease the scope as specified in the Request for Proposal due to unanticipated limitations and/or needs or after an award as mutually agreed upon by the applicant ➢ Consider and accept any alternate proposal as provided herein when most advantageous to the Boynton Cultural Centre, Inc. Bidder is deemed to have knowledge of all applicable state laws, municipal ordinances and rules and regulations of all authorities having jurisdiction over construction of the project. C. Insurance The consultant shall secure and maintain in force, throughout the duration of this project, comprehensive general liability insurance with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence/aggregate for property damage; professional liability insurance in the amount of $1,000,000; and Workers' Compensation coverage as required by statutory limits. Certificates of coverage as required by this section shall be provided prior to a Purchase Order being issued. D. Public Entity Crimes Section 287.133 (3) (a), Florida Statutes, requires submission of a sworn statement regarding Public Entity Crimes which must be signed and notarized and submitted with the proposal. A form for this purpose is attached hereto. E. Withdrawal of Proposals 1. Proposals may be withdrawn either in writing or in person through an authorized representative at any time prior to the submission deadline. Once opened, 11 responses may not be withdrawn or modified except to the extent agreed to by the Boynton Cultural Centre, Inc. during subsequent contract negotiations. 2. Once a proposal is received, it becomes the property of the Boynton Cultural Centre, Inc. and may not be returned to proposers even when they are withdrawn from consideration. F. Public Inspection of Proposals Proposals may be made available for public inspection at the time the Boynton Cultural Centre, Inc., posts notice of its decision or intended decision concerning the award or within ten (10) days after bid or proposal opening, whichever is earlier, pursuant to section 119.07(3)(m), Florida Statutes. G. Drug Free Workplace Among otherwise equally ranked proposers, preference shall be given to businesses with a bona fide drug-free workplace program in place. Qualified businesses may attach evidence of the same in the form of the Drug -Free Workplace Certificate attached hereto. H. Statement of Minority Business Enterprise Status (or Non -Minority Status) Proposers shall submit a statement as to Minority or Non -Minority status under the Florida Small and Minority Business Assistance Act of 1985. Preference shall be given to proposers demonstrating qualified minority status under the law, but the failure to include a statement as to minority or non -minority status shall be conclusively deemed to mean that non -minority status applies. The Boynton Cultural Centre, Inc. does not discriminate on the basis of age, race, color, sex, religion, national origin, disability or marital status. I.. The following items are attached with the proposal in Appendix A and must be completed and submitted with any proposal in order to have a valid submittal. They are: 1. Anti -Kickback Affidavit 2. Minority -Owned Business Statement 3. Insurance Advisory Form 4. Confirmation of a Drug Free Workshop 5. Bidders Acknowledgement 6. Public Entity Crimes Sworn Statement 12 J. Appendix B includes a floor plan. K. Attachments included upon written request: • Mission Statement and Goals and Objectives • Former 1913 Schoolhouse Fundraising Case Statement and exhibition plan • Boynton Beach The First 100 Years, which is factual research on the history of Boynton Beach. • Space Needs Plan completed by the Boynton Cultural Centre, Inc. • 2004 Market Research Study conducted by Triangle 2 L. Each entity, by submission of a proposal, acknowledges that in the event of any legal action challenging the award of the project, damages, if any, shall be limited to the actual cost of the preparation of the proposal. 13 STATEMENT OF NO BID 14 APPENDIX A Proposal Submittal Forms 1. Anti -Kickback Affidavit 2. Minority -Owned Business Statement 3. Insurance Advisory Form 4. Confirmation of a Drug Free Workshop 5. Bidders Acknowledgement 6. Public Entity Crimes Sworn Statement These forms must be completed and submitted with all proposals. 15 APPENDIX B FLOOR PLANS 16 ATTACHMENTS I:\Client Documents\Boynton Beach CRA\2419-000\Mist\RFP Boynton HS 12 20 05.doc 17 BOYNTON BEACH HIGH SCHOOL DRAFT SCOPE OF SERVICES Section 1 — Services. Consultant shall provide assistance to the Client regarding the use programming and selection of a partner for the renovation and occupancy of the Old Boynton Beach High School building "Building". Services may include, but not necessarily be limited to the following: Task 1 — Community Workshops. The Consultant shall organize and direct community workshops as described below: • The preparation for and marketing of workshops with members of the community to evaluate uses interior and exterior to the Building. This will include obtaining information on previous analyses on the Building and preparation of conceptual floor and site layouts for use in the workshop. This will also include the preparation and distribution of marketing materials to members of the community inviting them to attend the workshop. • Conducting "open house" type workshops in a nearby facility such as the Civic Center in which the facility is open to the public and attendees can come and go at their convenience. The open house shall be conducted for three hours in three consecutive days including a Thursday from 5pm to 8pm, Friday from 2pm to 5pm, and Saturday from 11 am to 2pm or other times as mutually agreed upon by the Client and Consultant. During each 3 -hour session, the Consultant shall make information available and provide explanations on the project for those in attendance and shall solicit input from each attendee regarding renovation of the Building and possible use programming to assist with partner selection. Input shall be gathered so that it is quantifiable and able to be incorporated into a report and serve as meaningful data to be used in the Clients decision making. • Upon completion of the workshops, Consultant shall evaluate the input gathered by the workshop attendees and prepare a report summarizing the findings. This report may include modifications to the conceptual floor and site layouts based on community input. • Consultant shall present the findings of the report to the Client at one of the Client's regular meetings. Consultant shall also publish the information so that the general public can be aware of the findings as can those that attended the workshops. This might include issuance of press releases in neighborhood newspapers, distribution of summary information to neighborhood groups and associations as well as departments of the City of Boynton Beach. Deliverable — the Consultant shall deliver to the Client up to 10 copies of the report described above. Task 2 — Partnership Solicitation. The Consultant shall coordinate with the Client to solicit and select a partner for the renovation and occupancy of the Building. Drafting Solicitation • In conjunction with the Client, Consultant shall draft a' solicitation for qualified partners to assist in the renovation to and occupancy of the Building. • Coordinate with the Client in the preparation of a "due diligence" package that will provide information on the Building for distribution to qualified interested partners. Advertising Solicitation • Coordinate with Client on the formulation of legal and other advertisements to be placed in various newspapers, on-line services, and professional journals. Assist with placement of advertisements. • Coordinate with Client in the identification of a list of possible partners that will receive direct mail invitations, and coordinate the preparation and distribution of said direct mail invitation. • Distribute the solicitation to all other respondents to the advertisements. • Assist in the distribution of "due diligence" package to qualified interested respondents. • Coordinate the preparation of and direct pre -proposal meeting with respondents. Review of Responses • Accept and log in responses to the solicitation. • Review responses to the advertised solicitation for completeness. As directed by the Client, request additional information from responses which are incomplete and/or provide notice of rejection of incomplete responses. • Coordinate with the Client to review and evaluate the solicitation responses in order to select a partner. This may include evaluation of each response based on specific criteria and selection based on the scores of each respondent, or short -listing the respondents based on qualifications and having presentations to the Client by a short-list of qualified respondents. Task 3 — Partnership Negotiation. The Consultant shall assist the Client to negotiate business terms and conditions with the selected partner in order to enter into a partnership agreement. Legal services will be provided by the Client. In August 2005, the former director of the CRA requested the board appropriate approximately $3.5 million for the "Adaptive Re -Use" of the Old High School. At that time, the CRA Board agreed and approved $550,000 in the FY 05-06 Budget as a line item for the Old High School RFP process and the remainder as seed money to a matching grant. In my capacity as Interim Director, I was advised Boynton Cultural Centre was a natural choice to play a role in the "Adaptive Re -use" of the Old High School with the possibility of an expansion to the Children's School House Museum. We began to work with Boynton Cultural Centre as part of the RFP process. However, when it became apparent that the funding was not available from the CRA, CRA staff took a position that the RFP required all respondents to have an identified source of funding their concept. It was determined after several meetings that Boynton Cultural Centre would not be in a position to have such a funding source moreover, the RFP was to be designed to create a "case statement analysis" for fundraising purposes. It was at that time, a joint City and CRA staff level meeting took place and all parties agreed that an outside entity would be more suited to handle the RFP process from a neutral position. CRA staff contracted with Corey O'Gorman (Town Square Implementation Plan) to provide public charrettes and implement the RFP process for the CRA Board. Corey will be presenting a status report on March 14, 2006 at the CRA Board Meeting. It should be noted that the City Manager and City's Financial Director were operating under the assumption that the Old High School was to receive a total of $4.5million as part of the part of the City's Capital Improvement Program. CRA staff has apprised City Staff that this money is not only unavailable, but also no staff person is working on grants to secure these monies due to the City as of 10/01 /07. REQUEST FOR STATEMENTS OF QUALIFICATION AND CONCEPTUAL PROPOSALS Adaptive Re -use of the 1927 High School Building Owned by The Boynton Beach Community Redevelopment Agency April 2006 Request for Statements of Qualifications and Conceptual Proposals 1. General Background The Boynton Beach Community Redevelopment Agency (CRA) is seeking statements of qualification and conceptual proposals from firms and organizations for the adaptive reuse/renovation occupancy and operations/maintenance of the 1927 Boynton High School building. This is an exceptional opportunity for the right organization to become part of and enhance the physical improvements already completed in the area and the activities that have been established toward the creation of a cultural focal point for the downtown area in Boynton Beach. The Town Square area in which the 1927 High School building is located serves as the western anchor to a fast growing downtown. Many of these projects are generally illustrated on the map below. The Children's Museum is the renovation of the 1913 Schoolhouse immediately adjancent to the High School, both of which are connected by the Ocean Avenue streetscape project that continues to the bridge over the Intracoastal Waterway. The 30,000 square foot Library expansion is currently underway and will include more technology and meeting space, additional seating and research areas, a youth wing and additional space for DVD's CD's and other resources. Numerous private projects include Coastline which is in the conceptual stage and calls for high density mixed use commercial, office, retail, residential and church uses. The Arches is an approved project currently under construction including a mix of 276 condominium units and retail. Marina Village is a nearly complete project with 338 condominium units, retail and restaurant uses. Additional public improvements include the extension of Boynton Beach Boulevard, the Promenade and Riverwalk which adds pedestrian friendly improvements connecting Federal Highway to the Intracoastal Waterway and the City's largest preserve of mature mangroves. t 3 I u r The Children's Museum is the renovation of the 1913 Schoolhouse immediately adjancent to the High School, both of which are connected by the Ocean Avenue streetscape project that continues to the bridge over the Intracoastal Waterway. The 30,000 square foot Library expansion is currently underway and will include more technology and meeting space, additional seating and research areas, a youth wing and additional space for DVD's CD's and other resources. Numerous private projects include Coastline which is in the conceptual stage and calls for high density mixed use commercial, office, retail, residential and church uses. The Arches is an approved project currently under construction including a mix of 276 condominium units and retail. Marina Village is a nearly complete project with 338 condominium units, retail and restaurant uses. Additional public improvements include the extension of Boynton Beach Boulevard, the Promenade and Riverwalk which adds pedestrian friendly improvements connecting Federal Highway to the Intracoastal Waterway and the City's largest preserve of mature mangroves. The building built in 1927 functioned as a high school through 1949, and until the CRA accepted ownership of the building in 2005 it was used by the City of Boynton Beach for offices and more recently, storage. Although the building has not been actively used for some time and as such has suffered some deterioration, it has recently been stabilized and is generally in good, safe and secure condition. In early 2005, in a 4 to 1 vote, the City Commission approved preservation of the building and sale to the CRA. The vote was in part predicated on the CRA taking full financial responsibility for renovation and operation of the facility, formulating a financially feasible plan toward that end to be approved by the City Commission, and the sale included only the building and land under the building (no parking was included in the sale). In addition, there have been as many vocal proponents of renovation as there are opponents. In order to gauge support for renovation of the building and obtain community input on possible uses for the building, the CRA has conducted a series of open house sessions. These sessions were widely publicized in the community and held over a three day period during different times of the day to enable the best possible attendance. Participants were provided background on the building and project, offered information on the existing condition of the building as well as a potential scenario for renovation, and viewed slides of other communities. All this was done in order to generate a thought process among the participants so that they could complete a questionnaire about the building and uses. The results of the open house sessions were as follows ............. Recent studies of the building have estimated renovation costs to be approximately $4.5 million. This cost estimate did not include any tenant related costs. This also does not include parking improvements for the property which will need to be addressed. Based on its own budgetary constraints the CRA has agreed to make approximately $2 million available for the project during the course of the current and next fiscal years. Due to demands on the CRA, it is unable to budget any more funds for renovation of the building, nor long-term operation and maintenance. Consequently the CRA is seeking qualified entities that could assist in renovating the building, occupying it with uses consistent with the desires of the community, and take on the responsibility of long-term operation and maintenance. 2 II. Statements of Qualification Each proposer shall provide the CRA with sufficient information to document the proposers experience and qualifications to accomplish the goals of this solicitation. The CRA reserves the right to validate any and all information submitted by the proposers. At its sole discretion the CRA may disqualify any proposer if the CRA determines that their proposal does not sufficiently document experience and qualifications, or may at its discretion require that additional information be provided by the proposer(s). Alternative Approaches — The CRA will consider several alternates (or combination of alternates) to the submittal of qualification statements and approaches to the project. However, the CRA's financial investment in this project is limited to $2 million, and any proposals must be consistent with the requirements of the interlocal agreement with the City as well as the redevelopment plan and Chapter 163, Part III the Redevelopment Act as it relates to activities of this nature. One alternative is that the selected organization would conduct all building renovations, would occupy the building and be responsible for all operation and maintenance. Another alternative is that the CRA would conduct all building renovations (with additional funds provided by the selected proposer) and turn the building over to the selected proposer who would then occupy it and be responsible for all operation and maintenance. A third possible alternative would have the selected proposer functioning as a master tenant in the building and sub -lease space to end users whose uses are consistent with the desires of the community. In this third possible alternative the proposer or the CRA could be the entity responsible for building renovation. Based on possible alternatives for submittal, the respective proposers must demonstrate qualifications as appropriate to their approach. Qualification statements should include, but will not necessarily limited to: • Demonstrated ability to construct or cause the construction of building renovations. Information demonstrating that uses proposed will be consistent with the uses desired by the community to be located in the building. This applies whether the proposer will be the occupant or will sub -lease space. Demonstrated ability to take on the responsibility of all operations and maintenance of the facility. All Proposals - the proposer must submit information, which would permit an understanding of the proposer's structure, qualifications, and financial strength as well as those of key project participants. The following is the minimum information required in the submission for this paragraph. • Description of the legal organizational structure of the proposer. • Identification of the proposer's principals, partners, etc. 3 • Information concerning the relevant experience of the proposer, proposers team (as is relevant to their specific proposal) and key project personnel. • Financial information on the proposer demonstrating the ability to fund or obtain funding for building renovation and site improvements if proposed. • References for any similar projects. • Information regarding any legal or administrative actions. Ill. Conceptual Proposals All proposers are required to provide proposals describing in text and graphic illustration (as appropriate) how they propose to undertake this project. Elements of the proposals must include the following: Project Development — each proposer must describe how they expect the building renovation to be accomplished. If the proposer desires the CRA to conduct the renovations, it must provide an affirmative statement that it will provide the funding necessary to complete the renovation above and beyond that which the CRA has already committed to and demonstrate an ability to do so. If the proposer desires to undertake the renovation itself, it must either describe the development team selected to design and construct the improvements (along with their qualifications) or describe the method for selecting a qualified development team. If the proposal does not identify a development team, the CRA may require participation in the selection process. Conceptual site and floor planning — each proposer shall include an illustrative conceptual floor plan that describes how the interior of the building is intended to be renovated and how the interior space will relate to the existing site improvements. In addition, each proposer must provide a conceptual plan for any improvements to the site. However, note that the CRA does not control the real estate beyond the boundaries of the building and as such will need to obtain consent of the City for any such improvements. The conceptual site and floor planning must also indicate the allocation of proposed uses within the building and on the site. As part of the conceptual site plan each proposer must also illustrate how parking is to be provided for the uses in the building. If no site plan is provided, this information must be provided in text. Use allocation Planning — in addition to the illustrative use allocation described on the conceptual site and floor plans, each proposer must provide a detailed description of the proposed uses within the building and on the site (as appropriate). This description must demonstrate how the proposed uses are consistent with the desires of the community as articulated in the open house sessions. Construction financing — each proposer shall include a proposed plan for financing the construction of all applicable improvements to the building and site. Although this is intended only as a proposal for financing (and not a firm commitment), the proposer 0 must include sufficient information to demonstrate that the proposer has the ability to acquire construction financing. Preliminary business plan — to ensure the financial feasibility of the proposal, each proposer must submit a preliminary business plan which describes the financial character of the project after occupancy. This preliminary business plan must demonstrate that the proposer has a financially feasible approach to building occupancy including long-term operation and maintenance of the building. Although a preliminary business plan, the proposer must include sufficient information to demonstrate that the proposer has the ability to fund the operation and maintenance of the building through revenues generated by the proposed uses or otherwise. The preliminary business plan must be properly supported by pro formas, cash flowp and/or other appropriate financial information. Building/site control — each proposer must propose the terms and conditions related to the control of the building and site. This could include sale or lease, and in either case the proposer must state the sale price and terms or the lease rate and terms. The offer must be justified by an appraisal, opinion of value, feasibility analysis or other mechanism acceptable to the CRA. Schedule — each proposal must outline a project schedule for securing construction financing, building renovation, occupancy permits and move -in. Budget — Each proposer shall include pro formas, budgets and/or cash flow statements which support their assertions regarding the project and/or specifics of their offers. 111. Selection Criteria Factors the CRA will use in evaluating proposals include, but will not be limited to the following: 1. Proposer qualifications — The CRA will consider the proposers demonstrated ability to obtain financing, conduct the renovations or cause the construction of building renovations, and to operate and maintain the facility. 2. Proposed uses — The CRA will consider how closely the proposed uses are consistent with the desires of the community. The CRA will also consider the conceptual floor and site layouts, and how they relate to the existing and proposed uses in the area and meet the desires of the community, 3. Price & Terms — The CRA will consider the price and terms offered by each proposer and how those terms and conditions meet the goals of the CRA. The CRA may formulate an objective point system which it will utilize to evaluate, rate and rank the proposals. 6 IV. Proposals and Disposition Process and Schedule A mandatory pre -proposal meeting is scheduled for , 2006 and will be held at _ . Proposals will not be accepted from firms or organizations that are not present at the meeting. The meeting will include a presentation on the project, a question and answer session, and all those in attendance with receive a package of information on the property and project, along with a tour of the building. Any questions in addition to those posed during the pre -proposal meeting must be submitted in writing on or before . Answers to those questions will be issued in the form of an addendum. Other than as allowed in this paragraph, proposers are instructed not to contact members of the CRA staff or consultants with questions and that doingaso may disqualify from them consideration. Sealed Statements of Qualification and Conceptual Proposals must be filed with the CRA at its office located at 639 East Ocean Avenue, Suite 103, Boynton Beach, FL 33435, no later than , 2006 at 3:00 p.m. (EST) and such proposals shall remain irrevocable for a period of one hundred eighty (180) days thereafter. Proposals received after 3pm on , 2006 will be returned unopened to the proposer. The CRA will conduct an initial sufficiency review of all proposals submitted. As needed, and at the sole discretion of the CRA, Requests for Additional Information (RAI's) may be issued to proposals which are either insufficient or require clarification. Insufficient or unclear proposals may be rejected by the CRA at the CRA's sole discretion. If issued by the CRA, the RAI's will be published on or before 5pm on 2005. Responses to the RAI's must be submitted in writing to the project contact listed below on or before 5pm on , 2006. RAI's received after that date and time by the project contact listed below will not be considered, and the proposal may be rejected by the CRA. The CRA will review all proposals filed and evaluate the same as to the merit for a successful completion of the project and occupancy of the building in conformity with the criteria listed in this document and at the CRA's sole discretion. In the event the CRA determines that one or more of the proposals is acceptable to further the CRA's redevelopment effort, CRA staff may recommend a short list of proposers to the CRA Board for purposes of conducting interviews and presentations. If a short list is formulated and if from that short list the proposers can be ranked, the Board may direct the CRA staff to proceed with the negotiation of an agreement for the disposition and development of land or other agreement as appropriate to the proposal with the top ranked proposer. The CRA reserves the right to negotiate such terms and conditions with the successful proposer as it deems in the public interest. In the event an agreement is not negotiated 0 to the CRA's satisfaction, the CRA may abandon such negotiation, and if it determines it appropriate, to then commence negotiations with the next ranked proposer(s). All proposers should be familiar with the requirements of Florida Statues to which this Request for Statements of Qualification and Conceptual Proposals is subject. Oral explanations, information and instructions shall not be considered binding on the CRA. All prospective proposers are encouraged to independently verify the accuracy of any information provided. Neither the CRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any proposer. V. Protests Any and all decisions by the CRA to modify the schedule described herein; request 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. Submittal of a reply to this RFQ/P on the part of any and all proposers constitutes acceptance of this policy. VI. Contract Terms TERM The winning proposer will be granted an exclusive contract for a period yet to be determined. STAFF ASSIGNMENT The CRA reserves the right to approve or reject, for any reason, Proposer's staff assigned to this project at any time. NEGOTIATIONS AND CONTRACT AWARDS See Section IV, Proposals and Disposition Process and Schedule. CONTRACT DOCUMENTS The contract shall include, but not be limited to, terms and conditions of this RFP, the submitted proposal inclusive of qualifications, the negotiated services as agreed by both parties, and the ordering mechanism (Purchase Order and/or Check Request). WAIVER It is agreed that no waiver or modification of this contract or of any covenant, condition or limitation contained in it shall be valid unless it is in writing and duly executed by the party to be charged with it, and that no evidence of any waiver or 7 modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this contract, or the right or obligations of any party under it, unless such waiver or modification is in writing, duly executed as above. The parties agree that the provisions of this paragraph may not be waived except by a duly executed writing. SURVIVORSHIP OF BENEFITS This contract shall be binding on and inure to the benefit of the respective parties and their executors, administrators, heirs, personal representatives, successors and assigns. ENTIRE AGREEMENT This contract states the entire contract between the parties hereto with respect to the subject matter hereof, and all prior and contemporaneous understandings, representations, and agreements are merged herein or superseded hereby. No alterations, modifications, release, or waiver of this contract or any of the provisions hereof shall be effective unless in writing, executed by the parties. SEVERABILITY If any term or provision of this contract is found to be illegal and unenforceable, such terms shall be deemed stricken and the remainder of the contract shall remain in full force and effect. TERMINATION Should either party fail to perform any of its obligations under this contract for a period of 30 days after receipt of written notice of such failure, the non -defaulting party will have the right to terminate the contract immediately upon delivery of written notice to the defaulting party of its election to do so. The foregoing rights of termination are in addition to any other rights and remedies that such party may have. PERMITS, TAXES, LICENSES Proposer shall at its own expense obtain all necessary permits, pay all licenses, fees, and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to the business to be carried on under this contract. MANNER OF PERFORMANCE Proposer agrees to perform its duties and obligations under this contract in a professional manner and in accordance with all applicable local, federal and state laws, rules, and regulations. Proposer agrees that the services provided under this contract, will be performed by employees that are educated, trained, and experienced in all areas encompassed within their designated duties. Proposer agrees to furnish the CRA with any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws or rules and regulations. Proposer further certifies that it and its employees are now in and will maintain good standing with such governmental agencies and that it and its employees will keep all license, permits, registration, authorization, or certification required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach of this contract. FORMATION OF CONTRACT The existence of a contractual relationship between the parties is contingent upon the terms and conditions of the contract being negotiated to the satisfaction of both parties and the execution of said contract by both parties. 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; otherwise, the CRA will treat all materials received as public records PUBLIC ENTITY CRIMES "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit Proposals, bids or qualifications (as applicable), in response to a solicitation for said products/services in support of a public entity, and may not submit qualifications, a proposal or bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount 9 provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." DRUG FREE WORKPLACE CERTIFICATION BY VENDOR All Proposers must complete and sign the attached "Drug Free Workplace Certification by Vendor", and submit it with their Proposals. Failure to do so may result in rejection of your proposal (see page 11). 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 the penalties that may be imposed upon employees for drug abuse violations. (3) We give each employee engaged in . providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), we notify the employee that, as a condition of working in the commodities or contractual services covered under this RFP, they will abide by the terms of the statement; and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) We impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted. (6) We make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, the above requirements. Authorized Signature: Name & Title (typed) 11 I certify that this firm complies fully with Date 409 Gulf Road North Palm Beach, Florida 33408 561494-1450 phone 561494-7521 fax 561-801-2461 cellular Memo To: Lisa Bright, CRA Executive Director From: Corey W. O'Gorman CC: Selection Committee Members Date: December 29, 2007 Re: 1927 High School Selection Committee Meeting On July 26, 2006 the selection committee for evaluating proposals received on the 1927 High School building met to review those proposals. Present at the meeting were Carole Aronson, William Nix, and Alvin Jackson. The committee reviewed the proposals submitted by Five Towns College and the Boynton Beach Historic Restoration Group relative to the selection criteria described in the RFQ/P. For each of the six categories the committee assigned points as follows: • Good — 3 points • Fair — 2 points • Poor —1 point With a maximum possible score of 18 points the results were as follows: • Five Towns College — 9.5 points • Boynton Beach Historic Restoration Group —10 points The selection committee concluded that neither proposal scored well enough in all categories to warrant a positive recommendation to the Community Redevelopment Agency. Generally speaking, in the case of the proposal from Five Towns College the committee stated that the uses are not adequately described and their stated qualifications to obtain financing, conduct the restoration and operate the facility were not dear. In the case of the Boynton Beach Historic Restoration Group, their stated qualifications clearly meet the requirements of the solicitation, yet the uses proposed did not score well. The committee also commented that prior to either of these groups being selected (or perhaps considered) by the CRA, additional information should be provided in order to address deficiencies. Specific ratings and comments concerns raised by the committee were as follows: Five Towns Colle-g 1. Qualifications a. Demonstrated ability to obtain financing — Fair — 2 points Strategic Planning, Due Diligence Governmental Approvals, Redevelopment And Project Management i. Comment - should better define how they intend to finance — the plan is not clear ii. Comment - cash flow is for the existing facility, not for the proposed facility b. Demonstrated ability to conduct renovations — Poor —1 point i. Comment - addressed design, but did not adequptely address construction and the team was incomplete c. Demonstrated ability to operate and maintain facility — Poor —1 point i. Comment - there is a statement that the monthly budget is approximately $1,200 is unrealistic and should be clarified 2. Proposed uses a. Relationship of proposed uses to those desired by the community (as illustrated by the survey conducted during the open house sessions) — Fair — 2 points i. Comment - the description of the day care center does not appear to relate to the other uses or the principal use ii. Comment - the Gallery of Honor Museum was not clearly described and did not appear to be consistent with other uses iii. Comment - performance stage is good b. Conceptual floor and site layouts and relationship to existing and proposed uses in the area — Fair — 2 points i. Comment - no thought to collaboration with the existing library ii. Comment - theater / Stage is great iii. Comment - museum idea is good (although not all members agreed), but the location does not seem to be appropriate 3. How the proposal meets the goals of the CRA to restore the building and create a self- sustaining use — Fair to Poor —1.5 points i. Comment - based on the information provided it is not clear if this use can support itself ii. Comment - the proposal did not do a good job of articulating how the facility would create a cultural focal point. iii. Comment - the proposal discusses the need to obtain certification in the State of Florida but does not describe the process or the likelihood of success. Boynton Beach Historic Restoration Group 1. Qualifications a. Demonstrated ability to obtain financing — Good — 3 points i. Comment - financing includes use of tax credits that are offered in areas impacted by hurricanes — it is not dear that this is an appropriate source ii. Comment - overall financing strategy well thought out and a sophisticated approach, but not clear that it is possible b. Demonstrated ability to conduct restoration — Good — 3 points L Comment - well qualified professional team c. Demonstrated ability to operate and maintain facility — Poor —1 point L Comment - the Harid appears to have been a afterthought and is not at all solid based on the letter ii. Comment - O&M budget is well done and appears to be complete (but it appears not based on running the center but just on the charter school part) iii. Comment - the potential tenuousness of charter schools makes them as an end-user a higher risk as a sole/primary source of revenue 2. Proposed Uses a. Relationship of proposed uses to those desired by the community — Poor —1 point 0 Page 2 i. Comment - the characteristics of a charter school do not lend themselves well to interacting with other uses in the area b. Conceptual floor and site layouts and relationship to existing and proposed uses in the area — Poor —1 point i. Comment - while the charter school as a use in the building does not lend itself well to relating to other uses via the floor plan, several members thought that the site plan was thoughtful and innovative How the proposal meets the goals of the CRA to restore the building and create a self- sustaining use — Poor —1 point a. Comment - it is unclear that this use would be self-sustaining over time with a charter school as the primary source of revenue for the building • Page 3 1. The Boynton Beach Fishing Academy 7067 PENINSULA COURT. LAKE WORTH, FL.33467 561-740-7227 Fax 561-963-6302 June 21, 2007 Letter of Intent Dear Friend, It is our intention, The Boynton Beach Fishing Academy, to enter into a lease agreement with The City of Boynton Beach for The Old Mangrove High School. This lease is contingent on the following terms and condition. 1. Lease price of One Dollar per a year of the next 20 years. 2. The city will contribute $6,500,000. towards the property renovations. 3. The directors of the academy will have complete control of all construction and renovations. Both parties must agree on the final plans. 4. We must review all financial statements, estimates, balance sheets, surveys, inspection reports, equipment, inventory and any other such documents in your possession. 5. After you have delivered the aforementioned to us, we will have 60 days to review the documents and to conduct inspections. At which point, at our sole discretion, we will execute the contract or not. 6. We will assume full responsibility for said property as of the contract date in the form of an agreement to perform and a contract to lease. The city will pay for all other expenses prior to this period Points of the contract and the lease 1. Control of the property will take place within 60 days after due diligence period. 2. The city's money will be held in an escrow account at the time of transfer of control. The money will be released at designated target points. The city will not be responsible for budget overruns or any additional costs. 3. We will be responsible and have total control of construction in regards to contracts, contractors and sub -contractors. 4. We will renovate the exterior as detailed with only minor changes in material type. However, the interior will be changed to accommodate our needs. The overall floor plan and design will not change; however, we will need a large area for an aquarium on the first floor. 5. We will utilize the facility in a number of ways. We will have a section as a museum showing the fishing history of The City of Boynton Beach. We will need a number of classrooms The Boynton Beach Fishing Academy is proud to announce the completion of our first year of a fishing program for the after care program at Poinciana Elementary School in Boynton Beach. This program started in February 2007. The curriculum is based on the national program "Hooked On Fishing — Not on Drugs". We had approximately 20 students who completed the course and took the HOFNOD pledge. The 20 students held a half day fishing camp for the other students. We had about 150 kids come through the class. They received opportunities to learn how to tie knots, play backyard bass, make fish art and fish with our home made fishing -.simulator. As a reward, the 20 students and their guest went on a deep sea fishing trip. A special thanks should go out to all those that helped this year. Sergeant Danysh from The Boynton Beach Police Department Sergeant Danysh taught the class about the consequences of drug use, the difference between illegal drugs and medicine and effective drug refusal techniques. At the end of the class Sergeant Danysh had the students take the HOFNOD Pledge and had them sign the pledge cards. I found his class very well prepared and informative. Sergeant Danysh even volunteered his time to take the kids fishing. Steve Marshall, Fisheries Biologist for The Florida Fish And Wildlife Conservation Commission. Steve took time out from his busy career to teach the fish biology section. Steve had the most interesting class of the year. He had the kids playing games while learning. He finished the fun with a dissection of a large mouth bass. The students are still talking about the small fish that was in the belly of the bass. It was a great moment that I wish I had on film. Steve also provided me with a number of printed materials for the students. Captain Chase Young Captain Young g donated a lot of time during the school year. He was present at every event and assisted me with almost every class. He also provided a number of pictures of his most recent trips. This years fishing trips were sponsored by The South Florida Water Management District. They donated $2500.00 in cash! All of our fishing rods that were given out to the students were donated by Fish Florida. Fish Florida was instrumental in getting this program started this year. Some of their rods were used during classroom instruction, field trips and during our half day camp. The remainder of the rods were given to each student in the aftercare program at the end of our half day camp. Most of the kids went fishing the night that they received their new rod. All of our tackle, lures, life jackets and displays were donated by Tuppens Marine and Tackle. These items were very important during class. It allowed the students to handle a variety of items. They also learned how to wear a personal flotation device. Florida Bait and Tackle matched me dollar for dollar when it was time for our fishing trips. With there help, we purchased circle hooks, lead weights, chum and bait. Without their help, catching fish might have been a little difficult. Our plans for the summer and fall. Now that the school year has ended, it is time to fish. Several of our students will be invited to fish saltwater tournaments during the summer. It will be offered to the forth graders who will be returning to class as assistant instructors in September. By starting class early this year, we will be able to increase the number of our fishing trips, the material that we teach and possibly adding a section on boater safety. Sponsors IDP OR iak �la�zda CONSERVATION THROUGH EDUCATION WWW -FISH FOR (DATA G. ORG TeaEEL Estate u' MARINE Lead Instructor Rich Brochu and Captain Chase Young 561-740-7227 Hooked On Fishing - Not On Drugs® pow 0% fWAik4 Our flagship education program, Hooked On Fishing - Not on Drugs, is ased w widely in more than 30 states and territories. In addition to teaching all the _ basics of safe and ethical angling, this program combines long-term JVpsf ph V'*Sf mentoring and positive rife skills with conservation education in one powerful and adaptable package. Here's how it works: Angling Skills Children learn all the skills necessary to fish safely on their own in a variety of settings, and the ability to teach others. Long-term mentors provide ongoing social support to motivate children to adopt fishing as a wholesome pastime, and encourage them to enjoy it regularly with their friends and family. Conservation Ethics Children take an active role in conservation in their own communities and develop ethical attitudes about the outdoors. Social Skills Children are empowered by a new, fun activity and positive life skills, such as creative decision-making, problem -solving, goal setting, patience, and camaraderie. Shared experiences with friends and family help children better communicate and interact with each other. They gain confidence and find a new sense of respect and responsibility for themselves, their friends and family, and their community. For more than 15 years, our state partners have successfully promoted Hooked On Fishing - Not On Drugs, either through their own outdoor education programs or by teaching this special fishing instruction to leaders of community and youth groups and after-school dubs who introduce children to fishing. If you're interested in teaching Hooked On Fishing - Not On Drugs, contact the Future Fisherman Foundation and we'll link you to partners in your state who can help you adapt the program to fulfill your particular interests and needs. This versatile program offers a variety of support materials, as well as access to brand name beginner fishing equipment at huge discounts off retail prices. Angling Skills Turnover! Turnover! Underwater Colors • The Balance of Nature A Watery Web of Life The Effect of Temperature on a Fish Balancing Wildlife Human Dimension • Human Impact Changing Yourselves & the Environment The Results of Aad Rain Demonstrating Erosion • Fishing Ethics Being Ethical • Fishing Regulations What are the Rules? Designing a Perfect World Go Fishin' bHooked On Fishing - Not On Drugsb Pledge and Code • Conservation & Management Researching Endangered Aquatic Species Solving the Great Lakes Dilemma Regulations for Favorite Fish Guest Speaker: Fish and Cents • Stewardship Adopt -A -Lake Follow the Watershed Write it Down! Take It To The Legislature Life Skills • Introduction to 61 -looked On Fishing - Not On Drugsb Introductory Video and Discussion • Making Wise Choices About Illegal Drugs Brainstorming! Guest Speakes Practice Saying No • Feeling Good About Yourself Learning New Angling Skills • Getting to Where You're Going Laying a Foundation • How You Are Unique Making Your Own 6Good Personb Shield A Fish Scale Tale Activity • The Importance of Families You are Part of a Whole Come & Have Fun • Choices & Feelings Guess the Feeling • It's OK to ask for Help Getting the Angling Help that You Need • Standing Up For What You Believe Ways to say ONob • Practicing Patience Through Fishing • Linking Problem -Solving with Coping Skills Have You Seen My Beluga? video Local Angler Comes to Visit Thinking Scientifically • Putting Life In Perspective Drawing the Big Picture Old and Young Exchange • Dreams & Goals Making Dreams a Reality - Is It Worth It? • Dealing With Stress • OHooked On Fishing - Not On DrugsO Pledge Taking the Pledge • Getting Started Tying Knots Preparing the Hook • Casting Can Casting & Rod and Reel Casting Building Casting Accuracy Using Backyard Bass F -I -S -H Plug Golf • Lures and Baits Hooking a Cricket and... Which Bait to Use? Cooking for Carp • Hooking, Playing, and Releasing the Fish Setting A Hook • Cleaning and Cooking the Fish Let's Eat • Safety In and Around the Water Listen to the Expert! What Shall I Wear? Why Wear PFDs and Sunscreen? The Great Lifejacket Race Cold Hand Luke • Tackle Maintenance Setting the Drag Organizing the Tackle Box • The Fishing Trip Go Fishing! Keeping a Fishing Journal Fish Biology • Parts of a Fish How Old is that Fish? What's in a Fish? Word Wall: Reviewing the Parts of a Fish Fish Sense • Identification of Common Fish Species Fish Identification Japanese Fish Printing Fishing for Catfish or Smallmouth Bass or Marlin or...? • Fish Habitat The Home (or Habitat) of a Fish Using a Shoebox to Represent a Fish's Habitat Planning a Dream Trip • Characteristics of Water Surface Tension of Water r . INTERNAL REVENUE SERVICE P. O. BOX 2508 CINCINNATI, OH 45201 Date: TEAM REEL ESTATE INC C/O RICHARD BROCHU 7067 PENINSULA CT LAKE WORTH, FL 33467 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 16-1775538 DLN: 17053297011026 Contact Person: MS K WILMER ID# 52405 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 170 (b) (1) (A) (vi) Form 990 Required: Yes Effective Date of Exemption: October 6, 2006 Contribution Deductibility: Yes Advance Ruling Ending Date: December 31, 2010 We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c)(3) of the Code are further classified as either public charities or private foundations. During your advance ruling period, you will be treated as a public charity. Your advance ruling period begins with the effective date of your exemption and ends with advance ruling ending date shown in the heading of the letter. Shortly before the end of your advance ruling period, we will send you Form 8734, Support Schedule for Advance Ruling Period. You will have 90 days after the end of your advance ruling period to return the completed form. We will then notify you, in writing, about your public charity status. Please see enclosed Information for Exempt Organizations Under Section 501(c)(3) for some helpful information about your responsibilities as an exempt organization. Letter 1045 (DO/CG) wM TEAM REEL ESTATE INC Sincerely, Lois G. Lerner Director, Exempt Organizations Rulings and Agreements Enclosures: Information for Organizations Exempt Under Section 501(c)(3) Statute Extension Letter 1045 (DO/CG) Division of Corporations ............................ BOYNTON BEACH FISHING ACADEMY 7067 PENINSULA COURT LAKE WORTH, FL 33467 Document Number Status Date Filed G06338900193 ACTIVE 12/03/2006 Expiration Date Current Owners County 12/31/2011 000000001 PALM BEACH Total Pages Events Filed FEI Number 000000001 000000000 16-1775538 No Filing History Owner Information Name & Address FEI Number Charter Number TEAM REEL ESTATE I - F 7067 PENINSULA COURT 16-1775538 N06000010475 BOYNTON BEACH, FL 33467 Document Images Listed below are the images available for this filing. 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H -P& I� KANSAS MURALS A TRAVELER'S GUIDE LORA JOST AND DAVE LOEWENSTEIN Foreword by Saralyn Reece Hardy "As much a book on Kansas land and history as about its mural art, this is a portrait of a place and its people, including an unusual number of Native American artists. From beloved cliches to unexpected innovations, Jost and Loewenstein's selections take us from a wild-eyed John Brown to the 'ornate box turtle capital of the world,' from silos to post offices, covered wagons to rocket ships, graffiti to `architectural heaven,' and local kids to Joan Miro. Read this even if Kansas is not on your itinerary"—Lucy R. Lippard, author of Lure of the Local w "A fascinating, beautifully illustrated, and well -organized work that also provides background histories, artist biographies, and first-hand accounts by the muralists themselves."—Robin Dunitz, author of Painting the Towns: Murals of California and Street Gallery: Guide to 1,000 Los Angeles Murals 296 pages, 99 color photographs, 4 black -and -white photographs, 8 color maps, Cloth $35.00, Paper $19.95 0 Available at bookstores or from the press. UNIVERSITY PRESS OF KANSAS Phone 785-864-4155 • Fax 785-864-4586 • www.kansaspress.ku.edu L /40 [ o O O `+O N i r� v J c 0 E� Q y N _ Q N 3 s i- _ 0— 1 1 (11 h0 a v c m v .�L�� Q J c7o N N U m i c Ov J 3 [ [ C) 0 y NO O c E 3 2 -Y 6 O i ti O m` O `^ -= y " S -Q m V N In F— 4O � Z7 O " -1-' I \ i U N N (p -Co C rn 0 3 rn u o @j ° > o �(D [ E wCL O p 0 CL AID « _ ^ ( rn C O . C N Uu CY ru m m 0 of 7.o — E m o m `,� C O L C '�-' Q j curo C _ ro_ E A N v m, — d �►� 4 [If C LL Oi _ _0 O m C C O d W -O `� t C (L6 -O V Q N SQL o a) 4m �/�\ a 0 {?ter r� ~ (A " m O � a_ V L /40 m O i r� v J Lij E� Q 00 Q N 3 s pEj3� � r� fAGG}t, ){yi{yi bS is — �— 0 I I,I1.... . ... 4. Women's Circle WOMEN'S CIRCLE, INC. 145 N.E. 4' AVE. BOYNTON BEACH, FL. 33435 (561) 364-9501,ext. 26 fax (561) 364-7288 email= , website--thewomenscircle.20m.com Lisa Bright, Executive Director Community Redevelopment Authority 915 S. Federal Highway Boynton Beach, FL. 33434 Dear Friends at CRA, EIN: 65-1068376 DLN:17053064750075 July 21, 2007 Warmest greetings!! As I write this letter our women are gathering for both the free Computer classes and ESOL classes that we have every Saturday morning. All of these are in support of low income women accessing employment. Please consider the attached as a "Letter of Intent". As you know both Women's Circle, Inc. and Community Caring Center, Inc. need to expand. Though we do not at present have the funds to purchase any of these proposals ( Proposal A has been sold) we would anticipate that either the CRA, developer, or a city wide fundraising operation could create these venues for social services (especially Proposal B or D). Hope you have a good and hurricane -free, summer. Oceans of joy, gratitude, hope, healing, prayer, and peace, Sister Lorraine yan, M.M.S., Coor orator WOMEN'S CIRCLE INC. 145 N.E. 4'-B AVE. BOYNTON BEACH, FL.33435 (561) 364-9501, ext. 26 fax: (561) 364-7288 email= PROPOSALS FOR EXPANSION FUND 2008 PROPOSAL A Purchase house on N.E. 4t' Ave. that is For Sale Realtor's number 732-7101 Sandra Baylor. Stated 3 buildings zoned residential for $219,000. Advantages- Disadvantages: Proximity to CCC Zoning. Historic Preservation Price In Heart of Boynton In Redevelopment Area Limited Parking PROPOSAL B Persuade'the City of Boynton Beach to create a Social Services center out of the old High School on Ocean Ave.. Leased to us for 100 years for $1 a year, with those agencies utilizing it doing the renovations. OR they do the renovations and we (the agencies) pay the city rent per square footage utilized. Advantages: Disadvantages:_ Central in the city. City will have two other focal "One -Stop" Points of service on MLK And Forest Park Elementary Plenty of Parking Costs? PROPOSAL C Community Caring Center purchase a new warehouse unit on the east side of Seacrest at Hypoluxo and we pay increased rent to them. Advantages: Disadvantages: CCC ownership out of the City of Boynton and Heart of Boynton On bus line Women's Circle, Inc. 145 N.E. 4" Ave. Boynton Beach, FL. 33435 (561) 364-9501, ext. 26 fax: (561) 364-7288 email= - July 12, 2007 PROPOSALS FOR EXPANSION FUND 2008 (cont.) PROPOSAL D Purchase former Delray/Boynton Charter School on MLK at the railroad (north side) Advantages: Disadvantages: Follow -Up: In the Heart of Boynton Cost= $1.5 million I mentioned at Building only 2-3 years old. Meeting at CRA. Has classrooms set-up. Both CCC and Plenty of parking space. PATCH interested. Mr. Pat Crudele & Bruce met with Mr. Greene today. WOMEN'S CIRCLE, INC. 145 N.E.4' AVE. BOYNTON BEACH, FL. 33435 (561) 364-9501 FAX=(561) - 364-7288 Email= GOVERNING BOARD MEMBERS April, 2007 Sister Joan Carusillo, CSC, 1124 S.W. 110 St., Boca Raton, Fl. 33486, (561) 395-4604. President. Mrs. Elizabeth Jenkins, 711 N.W. 1st St., Boynton Beach, Fl. 33435, (561) 737-3765. Vice -President. Sister Barbara Gress, CSC, 2335 Edgewater Drive, West Palm Beach, Fl. 33406, (561) 434-7593. Secretary. Ms. Marie Christine Leavitt, 3455 Lake View Drive, Delray Beach, Fl. 33445, (561) 496- 7389. Treasurer. Sister Yvonne Arcand, C.S.C., 2335 Edgewater Drive, West Palm Beach, Fl. 33406, (561) 434-7593 Mrs. Mary Crawley, 857 N.W. 8th Ave., Boynton Beach, Fl. 33426, (561) 737-5548.. Mrs. Belky Cruz, 2116 N.E. 1st Ct., Boynton Beach, Fl. 33435, (561) 738-5290. Mrs. Susie Heath, 126 N.W. 0" Ave., Boynton Beach, Fl. 33435, (561) 736-3828. Mrs. Nancy Hollerbach, 1311 S.W. 7d' St., Boca Raton, Fl. 33486, (561) 362-0352. Mrs. Mary Hoy, 4744 Boxwood Cr., Boynton Beach, Fl. 33436, (561) 732-4744 Mrs. Yvette Rene, 8240 White Rock Circle, Boynton Beach, Fl. 33436, (561) 736-6526. Sister Lorraine Ryan, MMS, 4769 Quailwood Crescent, Apt. A., Boynton Beach, Fl. 33436-0700, (561) 732-7983. Mr. Richard Siegel, 4505 S. Ocean Blvd., #106, Highland Beach, Fl. 33487-4227,(561) 266-6114. Mrs. Gertrude Sullivan, 201 N.E. 6t' Ave., Boynton Beach, Fl. 33435, (561) 732-1205. PLANNED APPROACH TO CommUN[TY�AL� l f BOYNTON BEACH P.A.T.C.H..INC. P.O. BOX 1487. BOYNTON BEACH,FL 33425-1487 C/o (561) 364-9501, ext 26 Lisa Bright, Executive Director Community Redevelopment Authority 915 S. Federal Highway Boynton Beach, Fl. 33434 Dear Lisa and Friends at CRA, July 21, 2007 We have for years tried to match the health resources of the community with the needs of the uninsured in this area. This has included having health fairs and regular Wellness Center functions in various venues that will allow us to use their facilities temporarily. We need a location in the Heart of Boynton (preferably — as this is where the population has in the past stated in surveys and petitions that they want it) a Community Health Center. On May 18m 2004, we submitted a proposal suggesting this, even with a rough design, to Mr. Doug Hutchinson, Executive Director of CRA at that time. He was encouraging that possibly the developers chosen would include this in their overall design for the Martin Luther King corridor. It is our continuing hope and intent that this would be come a reality. If a more complete design for such a building is desired, Susan Beidler, of FAU, could supply the same. As you can see from the attached list of Board members, FAU is included. Other possible collaborators in this project are Beacon Center, School District, and Quantum Foundation. Thank you so much for your assistance with this matter. Hope to hear from you soon.. Oceans of joy, hope, healing, prayer, and peace, Sister Lorraine Ry ,MMS, Board Mem �era4-tl' ' rLANNED APPROACH TO CommumTy HEALTH BOYNTON BEACH P.A.T.C.H., INC P.O.Boz 1487, Boynton Beach, Fl. 334254487 C/o Women's Circle, Inc. 145 N.E. 4"' Ave. Boynton Beach, F1.33435 (561) 364-9501, ext. 26 Fax: (561) 364-7288 BOARD OF DIRECTORS For April 24, 2007 Brian Edwards, 629 N.E. 9h Ave., Boynton Beach, Fl. 33435. President. 375-6606, e- mail=brianedwards@unitedwaypbc.org. Angela Girtman, 101 N.E. 5t' Ave., Boynton Beach, Fl. 3 343 5. Vice -President. 737- 6067, e-mail=Agirtman@aol.com. Marsha Norfus, 261 N. Palm Drive, Boynton Beach, Fl. 33435. Secretary. 704-5362, e- mail= MNORFUS@aol.com. Sherry Johnson, 145 N.E. 4'hAve., Boynton Beach, Fl. 33435. Treasurer. 364-9501, ext. 25, e-mail=SherryCCC@aol.com. Susan Beidler, 3045 Wedgewood Blvd., Delray Beach, Fl. 33445. (561) 516-1544 or 638-1246, Sharon Brannon, Principal. Forest Park Elementary School. 1201 S.E.. 3rd St., Boynton Beach, Fl. 33435.369-7056, e-mail= Brannon@palmbeach.kl2.fl.us Ellen Davis, 6062 Terra Rosa Circle, Boynton Beach, Fl. 33437. 736-6026, e- mail=eljadavis@yahoo.com. Rita Amy "Tammy" Dekker, ARNP, 1769 Bell Lane, West Palm Beach, Fl. 33406. 616- 4101. (cell) (561) 596-3570. rdekker@adelphia.net Elizabeth Jenkins, 711 N.W. 1" St., Boynton Beach, Fl. 33435. 737-3765, e-mail= Elizabeth—a—Jenkins@yahoo.com. 'Thelma Lyons, 100 E. Boynton Beach Blvd.; Boynton Beach, Fl. 33425. 742-6029, -2 - Sheryl Young, Community Liaison Beacon Center, 1201 S.E. 3rd St. Boynton Beach, Fl. 33435. 752-1127, Jennifer Wright, Beacon Center, 1201 S.E. 3rd St. Boynton Beach, Fl. 33435. 752-1127, e-mail= jwright@gocpg.org Sister Lorraine Ryan, 145 N.E. 46 Ave., Boynton Beach, Fl. 33435. 364-9501, ext. 26, e- mail=womcir@aol.com. 5. American Capital Funding NIP F YA East Side—West Side—Seaside Renaissance MEMO 1 u: UKA Board FROM: Lisa Bright, Executive Director DATE: December 7, 2007 RE: Deborah Smith, American Capital Funding, LLC Please see attached letter from Deborah Smith with American Capital Funding, LLC„ dated November 6, 2007, in response to the Letter of Interest request posted on the CRA website for the Old Boynton Beach High School. Ms. Smith's correspondence is actually not a letter of interest to develop the property as she does not reference funding sources or a building use but rather suggests the CRA retain Ms. Smith to conduct an in-depth analysis of the building on behalf of the City and CRA. It was my understanding from the Board funding elements would be a necessary component for a proposal to be considered viable. Additionally, individual board members commented on their unwillingness to incur any fiuther expenses for an additional feasibility analysis of the Old High School. Ms. Smith followed up with a phone call reporting she advised Vice Mayor Rodriguez she felt it was necessary, in her capacity as a board member of the Florida Historic Trust, to place the Old High School on the "most endangered historic sites" list. I discussed the status of the Downtown Master Plan with Ms. Smith and how the Plan would address the Old High School, as well as the fact that the CRA staff had recently met with two separate private development entities who are presenting proposals for the Board's consideration. Both of these entities have the ability and capacity to successfully draw down the Historic Preservation Tax Credits necessary to finance this project (non- profits and governmental entities cannot use the historic tax credits). On a final note, I requested Ms. Smith contact the Mayor about her intent to list the building on the endangered list and we agreed she would advise me via email prior to taking any action. My goal is to keep you informed of activity regarding the Old High School and I am available to discuss this project in detail, should you have any questions. /lb Attachment cc: K. Bressner, City Manager J. Cherof, City Attorney D. Doody, CRA Attorney November 6, 2007 Ms. Lisa A. Bright Executive Director Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 Re: Historic Boynton Beach High School Dear Ms. Bright: This letter is in response to the LOI request posted on the website for your organization and the City of Boynton Beach, FL, relative to the Historic Boynton Beach High School, and is also intended to summarize collectively our numerous conversations and meetings regarding this historic project, its potential disposition and final outcome. Please view this letter as an expression of interest relative to that posting. Summary of the Proiect and Analyses Without detailing the characteristics of this structure, of which you are well aware and which have been outlined in numerous architectural/restoration analyses you have received, I will only highlight the significance of this building, and its importance to the community of Boynton Beach, not only at the present time but for the future of the city and its current and future residents. I will also note some characteristics and considerations in formulating a plan for the sale or ultimate disposition. First, the importance of this structure cannot be over -emphasized: larger and more imposing than its neighboring historic structure to the east (the Children's Museum, an historic elementary school building), it currently is situated on the same parcel as the Children's Museum. The parcel (these two historic buildings) are without parking facilities in and of themselves. The Historic Boynton Beach High School (approximately 30,000 square feet) is not only historic by virtue of age (circa 1927) and architectural features but by its own community history: it served as a shelter (one of few) during the Hurricane of 1928, which was the largest catastrophic event in the history of Florida (approximately 2,500 people or more lost their lives during this natural catastrophe), according to research. At the present time, the historic high school site is part of a corridor of governmental buildings from north to south. At the north end of the corridor is the present city hall and police station, to the immediate east is the Children's Museum (an historic but smaller structure of similar era), and to the immediate south is the library and open areas, Ms. Lisa A. Bright November 6, 2007 Page Two With some small one-story structures buildings are (housing the Civic and surface parkin Connected at Center « smaller Children' g areas. BY demolishing e Present by shared �, ) This corridor" single_ s Museum his historic isto ' walkways Publics and its and multi-sto (historic element tic structure, it would hent corridors (such as the -story structures an' school leave the relates Civic Center structure). newer age and ) in isolation anion to their preference for tore). F less compellin g multiple contained on urther, in reviewin g architectural Your website architectural preference g the survey style goals. )� this building, Y °f citizens as it g, location and ambience for the and style are in keeping With r those ty (as Brief Commenta ry on Current L,pj t As we have discussed downtown development' at the Present building and plan b time You are in the parcel, as well y an outside consultant processing Of reviewing and strategy for the as significant outl which would a new City of Boynton Yang areas, for and the LOI currently issuedBeach. an overall development this for this historic The analysis may plan The LOI request cu structure. Y alter the plans of the currently posted for City building you know. As it c this buildin g, but lacks currently states g' however LOI r an guidelines or ' he LOI r ' is m isolation of ash equest is simpl for Parameters for re request calls an overall Simply he building novation for Proposals for withutd Parcel with the ad , which currently is not o d use. For example' le his parkin Joining Childre P the "corridor" g areas mentions Children,s Museu n a stand-alone ' mentioned or sti til It is for Parcel but the City on both above, it would palated. In that he building itself addressed a short-term also, in my opinion it is in but Which a and long-term b the Bove tai follows: Prudent investor word ' basis. Specifi _' eate Potential problems for incorporate in its o' some °fthe ms First, b � inv Proble not would dis dismantle h this buildin 'vestment Plan' are as mantle the Bove g under potential an outside mental c new ownershi (immediate grOUP, the city hall corridor as it is P as a stand_ ediate east se and police Presently coni alone strut areas di the sou separated by shared war station (to the no Prised• If tore control °f tin) would at rth) the Chil Poi chased by the City. The present be may)' and the library, Civic hien s Museum ownership was risks the assumed to continue Center and Owner spin unable to City would thereby under the open surrounding maintenance adequately fund and Y assume are that, and ending properties would beetc.)' the value maintain he at, if the new safety and aesthetic and Second JeOhe value' appeal of Founds Second, nd, ven if a Prudent, so the City's my (meaning u onsophisticated P subdividinginvestor would the parcel with thePurchase the building as Children's Museum and Ms. Lisa A. Bright November 6, 2007 Page Three purchasing without cross -easement parking agreements with the City), the ease of financing this building without identified proximity to parking (or on-site parking) would be problematic. In short, it would not be fundable. There is no mention in the current LOI request as to parking areas dedicated for the structure. Under a cross -easement access agreement, there would also need to be stipulated conditions that this parking would always be available to the building and its tenants, regardless if the City continued ownership of adjoining parcels. Even under these circumstances, financing is not assured. Recommendation: This building (and underlying land area) is best held by the City so that the integrity of its governmental corridor lies undisturbed and intact. In this way, the City would continue to be able to control the quality of the corridor in its maintenance and upkeep, so as to not denigrate its holdings in totality and would continue to control overall use of the corridor as a whole, instead of fragmenting in any way. This recommendation is given not only in light of the downtown redevelopment plan in the process of being received and reviewed, but in the best interests of the City itself for the future. It is also doubtful that a building of 30,000 square feet would be purchased and financed without any parking elements whatsoever, as presently not included in the LOI request. Commentary on Restoration Costs There have been several studies sent to me by architectural firms over the course of the last several years regarding estimated costs for renovation. These have varied significantly in monetary amounts (upwards to $12M and as low as $3-5M). As the building has continued to deteriorate over the last several years, these costs for restoration have continued to escalate, along with market conditions for construction, among other areas. Assuming of course that the end goal of the City will be to restore the building, by whatever means (discussed below in terms of feasibility), the best short-term measure the City can do is to ensure that the structure itself is watertight and to minimize any continued degradation of the structure by taking appropriate measures in this regard. As I have been informed, there is $500,000 currently budgeted for demolition of this building. Those funds could easily be allocated to stop further degradation until a viable resolution can be secured. By not sealing the building to the best extent practicable, costs for renovation can only be anticipated to escalate so as to preclude any group to provide an economically feasible solution in the future. Ms. Lisa A. Bright November 6, 2007 Page Four Nonetheless, the studies that I have seen or that have been reported to me outline projected costs but do not take into account any economic programs in order to lessen the burden of these costs. This is not to fault any group that has been previously consulted with the City as it relates to restoration or architectural studies, as this is outside the scope or realm of their professional expertise. Their projected costs are not provided as an economic feasibility study in terms of programs, ownership structures or other vehicles that can be utilized to minimize capital outlay. Reasons for Restoring the Historic Structure r Whether to demolish or renovate an historic structure has long been an area of considerable debate by any private owner, let alone a city or municipality. For many, having a private owner destroy his or her own historic property is distressing; for a city or municipality to consciously make that decision is all the more so. Some considerations that should be taken into account are as follows: 1. Intrinsic Value. Each community, either from an historic or economic standpoint, has had to define itself as it has matured and separate itself from neighboring communities, MSA's or other urban areas, in order to achieve its own economic success. The history and sense of community (be it Boynton Beach, New York or other areas) is unique -- not only to its current residents but for future generations of residents and posterity. The economic success of a community cannot necessarily be separated into each of its component parts. For example, whether or not one structure is economically viable (such as this historic high school) does not necessarily take into account additional revenue able to be generated by restaurants, hotels, neighboring for-profit businesses in related areas, attraction of additional businesses to the area, and the overall ambience of the community by virtue of maintaining and correctly employing the use of this structure. To use another example or analogy, you may wish to stay at a Four Seasons Hotel in New York or Washington or San Francisco, while you tour the Ellis Island Museum (for a few dollars` admission price), the Statue of Liberty, ride the trolleys and eat at the restaurants of Fisherman's Wharf, or visit the National Archives. You would be frequenting the restaurants and businesses of all these areas. The Four Seasons, on the other hand, did not just decide haphazardly to locate to these areas -- their location decisions were based on economic statistics as to tourism, local or non -local visitors to the area for overnight stays, projected room and restaurant revenue, etc. There is no one I have ever met who deliberately went anywhere to specifically visit the latest office building built, the latest parking lot resurfaced, or the latest retail chain opening. Ms. Lisa A. Bright November 6, 2007 Page Five There are numerous examples where historic preservation has worked to provide a "new" invention of the city or areas that such preservation has occurred. Mentioning only a few: Savannah, Georgia or Charleston, South Carolina, originally considered demolishing the "old mansions and buildings" of its downtown areas but decided to renovate them, creating a rebirth of their city. Who can imagine going to Savannah or Charleston devoid of its charm of its historic architecture and buildings? Without that, why would one go? Yet it once entertained razing old buildings and replacing with new construction. South Beach in Miami was reinvented when some visionary citizens/developers decided to restore its Art Deco Hotels, instead of continuing to demolish them, creating now an international (not local) destination spot. DeLand, Florida, was caught in a severe economic downturn during the early 1990`s. Its mayor recreated its downtown by employing historic restoration of many of its historic structures, creating a rebirth for the city and a destination point, especially from the growing, neighboring Orlando new resident population. Delray Beach, Florida, launched its recent economic prosperity with the rebirth of Old School Square, providing the catalyst for the restaurant corridor now existing on Atlantic Avenue, revitalization of many private residences and office buildings, etc. I will not go into depth on this economic success story as I know you are very familiar with this revitalization. Those cities who embrace the philosophy that "new" is better than "old" also must then contemplate continuing to reinvent themselves every 20 years, and take into consideration the additional, continuing capital outlay that that would involve for its community. As their history of community has been lost by previous destruction, they will be challenged to reinvent themselves every several decades, at levels of capital outlay anyone can only assume will continue to escalate. According to the most recent study undertaken by the University of Florida (in conjunction with Rutgers University): "Historic preservation activities in Florida impact the state some $4.2 Billion annually. These impacts can be seen in job creation [ 123,242], income generated [$2.766 Billion], increased gross state product [$5.266 Billion], increased state and local tax collections [$1.254 Billion total; State and local $657M], and increased in-state wealth [$4.672 Billion]. For every category of historic preservation activity, the amount of economic benefit to the state of Florida is substantial .... " (These reports have been previously provided to you, "Economic Impacts of Historic Preservation in Florida," published September, 2003, and no doubt have increased since that time. I would be happy to forward or provide specific statistics referenced.) Ms. Lisa A. Bright November 6, 2007 Page Six Recommendations My recommendations are as follows: I. Economic Viability. To the best of my knowledge, there has been no analysis presented to the city which would incorporate best structure, strategic plan and financing to make this project economically feasible, either to the private, non-profit or governmental ownership structure. In my experience, and in light of current market conditions, the ideal structure, both from an economic basis as well as preserving the present and future interests of the City itself, will lie in a mixed governmental/private/nonprofit ownership and/or use vehicle. This entails multiple pro forma financial analyses. There are numerous grants, tax credits, endowments, financing arrangements, etc., some of which are available to governmental entities only, others to nonprofits only, and others to private, for-profit enterprises. To maximize financing alternatives, various ownership and use structures, and combinations thereof, should be analyzed and employed to best maximize financial returns (and minimize capital outlay). At optimum, programs and tax credits could minimize capital costs by 50% or more, depending on programs utilized and eligibility. I would encourage the City, however, to preserve ultimate control over this parcel, if practicable, so as to not jeopardize ownership integrity of surrounding structures, for the reasons noted above. It should also be noted that any one program has its own deadlines for application and award, and differing criterion for information supplied on its own separate timeline. Some programs are also based on national or state allocations and are not guaranteed. 2. Intrinsic Value. This building is an important component of the history of Boynton Beach and should not be destroyed without looking at all appropriate vehicles, including economic, for restoration. To do so would be to not only discard the present wishes of many of its residents but also to eliminate the potential wishes of all future generations of its residents. As the City is vested with a public trust, I am sure it would prefer to exhaust all mechanisms before forever removing a significant piece of its history. The City of Boynton Beach, as well as all other municipalities within the United States, are currently faced with budgetary considerations, and these impose significant constraints. Nonetheless, pursuing viable alternatives should not be overlooked. 3. Use. The building obviously lends itself to many different uses, and these uses of course may change over the years. Use of the building should and must be incorporated into financing structure of ownership. Proposed ideas are cultural/arts, office, integration of governmental uses, restaurant/retail. There are many ways to make this an income- Ms. Lisa A. Bright November 6, 2007 Page Seven producing property, capable of generating revenue for the City, while diminishing the need for governmental subsidence on the local level via capital outlay. It should not be overlooked that incorporating the story (and experience) of the 1928 Hurricane can be integrated into whatever use the building may employ. 4. Short -Term Remediation. At a minimum, the City can take pro -active action now to stop or minimize continuing deterioration of the structure until a plan of action can be put into place. This would entail utilizing funds for demolition to secure the building from further weather or wildlife deterioration and other further decay. In summary, I would be pleased to provide an in-depth analysis on behalf of the City and the CRA, in conjunction with the overall goals and objectives of both entities, for the purpose of identifying economic viability as to both use and ownership structure in relation to restoration costs, and various programs that can be employed. This can potentially be structured as an income-producing asset for the long-term benefit of the City. I have previously provided my resume to you, as principal of American Capital Funding, LLC, specializing in real estate investment and finance, a former First Vice President of Institutional Investment with CB Richard Ellis, a former commissioner, and a board member of the Florida Trust for Historic Preservation. I look forward to hearing from you in this regard. Sincerely, Deborah M. Smith American Capital Funding, LLC Boca Raton, FL 561-302-2258 Cc: The Honorable Jose Rodriguez Vice -Mayor, City of Boynton Beach 6. Community Development Corporation pffimi community Development Partners, Corporate Office -- 120 North McDonough Street —Jonesboro, Georgia 30236 — t 770. 72.4024—f 770.478.4555 January 3, 2008 Boynton Beach Community Redevelopment Agency Board C/O Vivian L. Brooks, Assistant Director 915 S. Federal Highway Boynton Beach, FL 33435 Re: Boynton Beach Historic High School and Downtown Redevelopment Opportunity Dear Chairperson; Community Development Partners, Inc. is pleased to submit a letter of interest and a Qualifications Package for the rehabilitation of the Boynton Beach Historic High School and surrounding redevelopment opportunities. Community Development Partners, Inc. (CDP) is a niche development company specializing in providing real estate development and expertise for public/private partnerships focusing on rehabilitation and adaptive re- use of historic downtown buildings and ill mixed-use properties.:; We have provided complete information on our Development Team, demonstrated financial ability, demonstrated past performance, the finance, design, construction and operations team (essentially our Partners) and our prior work with private and public entities in the development process. As you will see in our Qualifications package our real estate projects all emphasize "Community" and "Partnership" with redevelopment agencies and local government entities. Our general and preferred approach to all public-private partnerships is to enter into a Memorandum of Understanding (MOU) with the public entity that owns or controls the property to be developed. Within the six-month time frame of the MOU and in consultation with our public partner we undertake our feasibility and economic analysis and submit a Development and Financing Plan, along with site, design and building exhibits for approval by the public body. Based on the approval of the Development Plan we proceed to a Development Agreement, financing and construction. We cannot provide any specifics on our intended use plans for the High School Building and Grounds until we complete a feasibility and economic analysis. However based on our recent visit and tour of the property and downtown, and our development focus, we believe the building does present an opportunity for a residential and mixed-use development. We also see similar opportunities for and have interest in the City Hall site Atlanta • llrttnSWICk . 6reeR6llle . -Hilton -Head ItlaRk , lacksoaville • 7amka FiWW.EtlttartReTS.ft1Z and surrounding properties should the Draft Downtown Vision and Master Plan prepared by EDAW be adopted. We would like to further investigate the development opportunity 'presented by the Historic High School and surrounding redevelopment opportunities and the potential for a public-private partnership with the Boynton Beach CRA. Our references can be found on the attached page. Sincerel , Co xty Development Partners, Inc. Andrew M. Ham Vice -President -Development and Partner Community Development Partners, Inc. References Hank Stone Vice President Thomasville National Bank 301 North Broad Street Thomasville, GA 31792 229-584.1275 Ms. Caprena Lattimore Redevelopment Officer City of New Port Richey 5919 Main Street New Port Richey, Florida 34652 727-853-1016 Mayor Buford Clark Sandy Rayson, City Administrator 310 Bedell Avenue P.O. Box 26 Woodbine 31569 912-576-3211 Ms. Karen Smith Director, Downtown Development Authority Main Street Program P.O. Box 1540 Thomasville, GA 31799 229-227-7020 Community Devlopment Partners, Inc. I Developers of Public/Private Partnership Properties and Downtown Real Estate community development Partners, Inc, Public/Private Partnerships Developer Services Real Estate Advisory Services for Development Authorities a CIO" Project Sampling Corporate Overview Community Development Partners, Inc. is a boutique development company that specializes in providing real estate development expertise and services for public/ private partnerships with an emphasis on rehabilitation and adaptive re -use of historic downtown properties and resort oriented economic development impact projects. CDP projects include: . Mixed-use downtown projects that include housing, retail, office, hotel and entertainment • Resort oriented community projects with waterfront residential, retail and marinas . Adaptive re -use of industrial and warehouse buildings CDP can act as development partner, developer or development/financial consultant. Under these approaches, CDPis goal is to always structure development transactions that build communities while laying the foundation for successful real estate assets. CDPis Public/Private real estate partnership projects range in size from $4.8 to over $7.2 million in project costs. CDP also provides development advisory services to property owners, development authorities, municipalities and economic development entities. hap://www.cdpartncrs.biz/CDP_Corpomte_Ovemiew.htrn (1 of 2)01/03/2008 3:25:18 PM Corporate Headquarters 120 McDonough Street Jonesboro, GA 30236 Tel. 770.472.4024 community Devlopment Partners, Inc. I Developers of Pubhc/Prlvate Partnership Properties and Downtown Real Estate community Deveiopmeni Partners, Inc. Public/Private Partnerships Developer Services Real Estate Advisory Services for Development Authorities & Cities Project Sampling Public/Private Partnerships CDP's principals have over 30 years of experience structuring public/private real estate transactions for development authorities, municipalities and economic development nonprofits. The company is a full service development firm with in house expertise in real estate law and transactions, design, construction, leasing, conventional, bond and tax credit equity financing, infrastructure planning and historic preservation. Typical CDP Developer roles can include: . As fee developer and project manager for a publicly owned property structuring the development, financing and marketing/leasing/management of the property . As equity partner and developer responsible for development, financing (debt and equity) and marketing/leasing/management of the public property . As developer partnering with a public entity that transfers the publicly owned property to CDP in return for its development Learn more about CDP's public/private partnerships here. Corporate Headquarters 120 McDonough Street Jonesboro, GA 30236 Tel. 770.472.4024 Public/Prlvate Partnerships I Developer Services 1 Real Estate Advisory Services for Development Authortties & Cities j' Project.Sampling Corporate Overview j Key Personnel I Contact I Home 02007 Community Development Partners, Inc. j Site Design by. HenoeDesign http://www.cdpartners.biz/Public_Private_Partnerships.htmOl/03/2008 3:22:32 PM Community Devlopment Partners, Inc. I Developers of Public/Private Partnership Properties and Downtown Real Estate Community Development Partners, Inc. Public/Private Partnerships Developer Services Developer Services As a highly experienced firm in its specialized area of public/private development and finance Community Development Partners provides innovative and state-of-the- art deal structuring solutions for property owners, development authorities and municipalities. CDP's developer advisory services include: . Transaction Structuring • Due Diligence Investigations • Design and Construction Estimates • Financial Projections Preparation • Debt and Equity Procurement • Public Funding Source identification • Feasibility Analysis • Project Marketing and Leasing • Project Management . Asset Management and Reporting Corporate Headquarters 120 McDonough Street Jonesboro, GA 30236 Tel. 770.472.4024 PublidPrivate Partnerships j Developer Services j Real Estate Advisory Services for Development Authorities & Cities I Project Sampling Corporate Overview j Key Personnel j Contact ( Home 02007 Community Development Partners, Inc. j Site Design by. HenosDesign http://www.cdpartners.biz/DevelopeF_Services.htm0l/03/2008 3:23:37 PM Community Devlopment Partners, Inc. I Developers of Public/Private Partnership Properties and Downtown Real Estate Community Development Partners, Inc, Public/Private Partnerships Developer Services Advisory Services CDP's principals have extensive backgrounds in advising public authorities and cities on real estate transactions. Firm experience in this area includes: • Legal and financial transaction advice • Redevelopment Programs for special districts • Real Estate strategies for publicly held real estate . Owneris Rep/Project Manager for public real estate holdings • Public/Private transaction strategies • Feasibility studies for special districts and destinations • Public/Private deal negotiations . Asset Management services for publicly held real estate For more information on CDPis public real estate advisory services or to submit project assignment information to CDP please contact us. http://www.cdpartners.bizIReal_Estate_Advisory.htm (I of 2)01/03/2008 3:23:49 PM Corporate Headquarters 120 McDonough Street Jonesboro, GA 30236 Tel. 770.472.4024 Community Devlopment Partners, Inc. I Developers of Public/Private Partnership Properties and Downtown Real Estate community Development Partners, Inc. Public/Private Partnerships Developer Services Real Estate Advisory Services for Development Authorities & Cities Project Sampling Project Sampling Corporate Headquarters 120 McDonough Street Jonesboro, GA 30236 Tel. 770.472.4024 CDP projects usually involve downtown projects with rehabilitation costs exceeding $4 million. A geographic sampling of recent high-profile public/private partnership projects is presented below. Phoenix Hotel, historic rehab, downtown corporate office and retail, Waycross, GA. Complete $7.2 million historic rehabilitation of deteriorated 60,000 SF historic early 1900's downtown hotel into corporate headquarters for The Jones Company (Flash Foods convenience stores) and six retail stores/offices/restaurants. Community Development Partners (CDP) principal acted as Project Manager for Waycross Downtown Development Authority. We structured the financing with two State funding sources, County SPLOST funds, Bank financing, anchor tenant pre -payment of rent, tax credit equity and Development Authority guarantees. Mitchell House, downtown housing and retail, Thomasville, Ga. A $6.4 million renovation of an 1890's former hotel into 34 condo units and retail. This project is an example of a Community Development Partners (CDP) partnership with a local development authority. The Thomasville Downtown Development Authority will transfer ownership of the building to CDP and CDP will in turn acquire a privately held portion of the block for development and parking. http://V w.cdpartners.biz(Deviopers_ProjecLGailery.htm (1 of 2)01/03/2008 3:25:03 PM Community Devlopment Partners, Inc. I Developers of Public/Private Partnership Properties and Downtown Real Estate WaterMark Tower, historic rehab, downtown professional office and retail, Anniston, AL. The $7.2 million renovation of a 1920's skyscraper is being developed in partnership with a local government Agency that acquired the building for office space. Ownership will be transferred to CDP and in turn the Agency will enter into a 99 -year lease for a portion of the building. Financing will include historic and New Market Tax Credits. Bunn Building, historic rehab, downtown, including housing, hotel and retail, Waycross, GA. CDP is partnering with the Downtown Development Authority on a rehab of a 1913 office building. Re -use will be for 24 residential apartment units, a floor of 16 hotel rooms and ground floor retail/restaurants. The Authority acquired the property and optioned it to CDP pending a due diligence period prior to acquisition. Financing includes historic tax credit equity and State funding assistance. Hacienda Hotel, rehab of an elegant 1927 Mediterranean revival style historic hotel in New Port Richey, Florida located adjacent to the Cotee River and a downtown park. The hotel is being developed in partnership with Three Oaks Hospitality, Inc., hotel management consultants and operators. The $4.8 million hotel project of 80 rooms includes a new construction addition, outdoor dining courtyards and a restored verandah overlooking the Park and River The City of New Port Richey and its Redevelopment Agency will joint venture the development with CDP. Public/Private Partnerships I Developer Services I Real Estate Advisory Services for Development Authorities & Cities j Project Sampling Corporate Overview j Key Personnel j Contact I Home 02007 Community Development Partners, Inc I Site Design by: HenceDesign http://www.cdpartners.biz/Devlopers_Project_GaHery.htFn (2 of 2)01/03/2008 3:25:03 PM Community Devlopment Partners, Inc. I Developers of Public/Private Partnership Properties and Downtown Real Estate community Development Partners, Inc. Public/Private Partnerships Developer Services Real Estate Advisory Services for Development Authorities dt Cities Project Sampling Key Personnel Kirby Allen Glaze - President and Founder The President and Founder of Community Development Partners, Kirby A. Glaze, has been involved with public/private partnerships for over 30 years as a practicing attorney, local counsel to development authorities and municipalities and as a consultant with his own company, Public -Private Partnership Management, Inc. (4 PM) since receiving his B.A. and law degree from the University of Georgia. Kirby has a long history of community development success and public private partnership project management, including economic revitalization projects, civic centers, resorts, housing developments, downtown historic rehabs and other community partnerships. In Georgia, Kirby enjoys a statewide reputation representing municipal and government clients including development, industrial, housing and recreation authorities in transactions ranging from bond issues, financial matters, development and construction planning and oversight for public-private ventures. Kirby has served as program speaker and seminar leader in a variety of university and professional forums. In addition to his duties as President of Community Development Partners Kirby is is currently involved in consulting engagements in Barnesville, Georgia; Lincolnton, Georgia; Nashville, Georgia; Thomasville, Georgia; Waycross, Georgia; and Woodbine, Georgia. http://www.cdpartners.biz/Conimunity_Development Tcarn.htrn (1 of 4)01/03/2008 3:25:54 PM Corporate Headquarters 120 McDonough Street Jonesboro, GA 30236 Tel. 770.472.4024 Community Devlopment Partners, Inc. I Developers of Public/Private Partnership Properties and Downtown Real Estate Trenton Allen McNaull - Corporate Management and Founding Partner With a professional background in corporate management and a lifetime love of the entrepreneurial spirit, Trent pulls from both backgrounds for his involvement in public/private development. He received a Bachelor of Arts degree in Business Management from Tennessee Technological University in Cookeville, Tennessee and a full football scholarship. At Tennessee Tech he was a four year letterman and Team Captain in the Varsity Football program. He was selected to the National All -Stars Team and the All American Bowl. Trent's professional career started as an Operations Manager for Roadway Express, Inc., in Nashville, Tennessee. He served as Area Manager, Director of Operations and ultimately General Manager for Inter -Park in Atlanta, Georgia. Trent was associated with Central Parking System in Atlanta, where he was City Marketing Manager and helped oversee Hospital operations at the Atlanta Medical Center and Grady Health System. He is an investor in real estate and rental investment property and other business enterprises. In addition to his corporate and project management duties with Community Development Partners Trent is also a consultant with Public -Private Partnership Project Management, Inc. (4PM) Jonesboro, Georgia. William M. York - Planning and Founding Partner Bill's significant expertise in economic and community development including facilities location and analysis is a critical component of Community Development Partner's array of services. Bill's engineering and planning skills span a wide range of disciplines which affect Community Development Partner's projects including facilities design and planning, industrial park development, utilities/infrastructure assessment, community enterprise development and strategic project management. Bill graduated with a Bachelor of Science in Industrial Management, Georgia Institute of Technology, 1974 and received his Master of Science from School of Urban Life (Community Development Program), Georgia State University, 1978. Bills current project management responsibilities with Community Development Partners include resort development planning for lake front properties and planning for a second home market outside of Atlanta, GA. Bill's background includes employment with Oglethorpe Power as a Senior Business Development Officer from 1987 until 1992, and as Manager of Economic Development for the Cobb County Chamber of Commerce from 1984 until 1987. In addition to his responsibilities with Community Development Partners Bill is on staff with 4 PM and owns his own consulting firm, YMS Consulting. Jerry Gilley - Construction Management and Founding Partner Jerry's scope of skills, experiences, and construction knowledge place him among the nation's most distinguished builders and a valuable member of Community Development Partners. A respected expert in the industry; his credentials include: designation as "Graduate Master Builder" of the National Association of Homebuilders, former state director and national delegate of the North Carolina Association of Homebuilders, and former director of the Lake Norman, NC A.H.B. His extensive portfolio of projects includes completing over 2500 multifamily units, 500 single family units ranged $100K to $3.5 million, and commercial / historic restoration projects from $2.5 to $35 million dollars. At the time he managed the $35 million historic rehabilitation of the Grove Arcade Public Market in Asheville, NC it was the largest commercial restoration project in the nation. Widely considered to be one of the most craftsmanship oriented developers in the Southeast Jerry is the Construction Manager on all Community http://www.cdpartners.biz/Commwiity_Development_Team.htm (2 of 4)01/03/2008 3:25:54 PM Community Devlopment Partners, Inc. I Developers of Pubfic/Private Partnership Properties and Downtown Real Estate Development Partners historic rehabilitations and construction projects. In addition to his duties with Community Development Partners Jerry is the founder and CEO of Three River's Valle, Inc., a firm specializing in residential, commercial and historic rehabilitation developments. Nick Gilley - Construction Management and Founding Partner Nick along with Jerry represents the construction management expertise of Community Development Partners on all projects. Nick is a strong proponent of Green Building technologies and his personal values focus on efficiency and conservation in all Community Development Partner's residential, commercial, mixed use, resort, and hospitality projects. Nick's responsibilities with Community Development Partners include project management and the initial construction related due diligence for all rehabs, new construction and adaptive re -use projects. Nick is also a principal in Three Rivers Valle, Inc. and Regional Manager for its Greenville, SC office. John L. Tennison, AIA - Architecture and Design and Founding Partner A graduate of Ohio University, B.A, in Architecture, John has over 36 years of architectural practice and provides Community Development Partners with design vision and oversight on all projects. His design expertise includes over 25 years of design and construction technology for new and remedial construction and investigative surveys of existing buildings. John's practice has focused on historic rehabilitation for private and public clients. In addition to primary responsibility for Community Development Partners projects John is a principal in Atelier AEC, Inc., one of the Southeast's premier historic preservation architecture firms. John's design projects have included corporate offices, residential lofts and condominiums, museums and churches. Notable among John's many architectural commissions are historic rehabilitation projects for National Park Service monuments and buildings, restoration of State of Florida landmarks including museums, forts, arsenals and heritage visitor centers. John has received multiple awards from the Florida trust for Historic Preservation, Key West Preservation Foundation, the American Institute of Architects and many local preservation commission awards. http://www.cdpartners.bigJCommmity_pevelopment_Team.htm (3 of 4)01/03/2008 3:25:54 PM Community Devlopment Partners, Inc. I Developers of Public/Private Partnership Properties and Downtown Real Estate Andrew Ham - Development Finance and Founding Partner With over 30 years of public and private development and finance experience Andrew provides Community Development Partners with expertise focusing on historic rehabilitation equity financing and real estate project development. Andrew has provided tax credit equity placements, tax credit investment financial advice, and historic property rehabilitation consulting services since the mid 1980's. He has facilitated the placement and executed the closing of over $20 million dollars of tax credit equity financing ranging in size from $300,000 to over $2.2 million of tax credits. Andrew has a extensive experience in structuring and financing tax credit investment transactions involving public/private partnerships for tax exempt owners of historic properties including development authorities, municipalities and museums. Andrew received a B.A. Degree in Political Science from Widener University and a M.S. in Urban Planning from Virginia Tech. He is a lecturer on the historic tax credit and historic rehabilitation at University of Florida and the University of Georgia, Athens. His real estate background includes commercial real estate development, construction, leasing and market analysis. In addition to his responsibilities with Community Development Partners Andrew is the Owner and Managing Director of Urban Trust, LLC, a tax credit capital investment banking and advisory firm. PubiicfPrtvate Partnerships j Developer Services I Real Estate Advisory Services for Development Authorities & Cities j Project Sampling Corporate Overview I Key Personnel ( Contact J Home 02007 Community Development Partners, Inc. I Site Design by: HenceDesign http://www.cdpartnen.biz/Community_Dcvelopment_Team.htm (4 of 4)[11/03/2008 3:25:54 PM Community Devlopment Partners, Inc. I Developers of Public/Private Partnership Properties and Downtown Real Estate Community Development Partners, inc. Public/Private Partnerships Developer Services M Ct Contact Community Development Partners Community Development Partners maintains a southeastern US presence through its corporate headquarters in Jonesboro, Georgia, near Atlanta, and Partner offices in Tampa, Brunswick, Greenville, Hilton Head Island, and Jacksonville. If you have any questions or would like additional information. Please feel free to call Trent McNaull at the CDP Corporate headquarters at (770) 472-4024, submit the form below or send an email via inquiries to mcnaull@juno.com. Name: Company: Email: Phone: Fax: Comments: Submit Por http://www.cdpartners.biz/Contact_Conununity_Development.htm (1 of2)01/03/2008 3:26:14 PM Corporate Headquarters 120 McDonough Street Jonesboro, GA 30236 Tel. 770.472.4024 WAM Community Development Partners, Inc. QUALIFICATIONS OF COMMUNITY DEVELOPMENT PARTNERS, INC. Jonesboro, Georgia SUBMITTED TO THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR ITS' HISTORIC HIGH SCHOOL REDEVELOPMENT OPPORTUNITY PROJECT JANUARY 3, 2008 Community Development Partners, Inc 120 North McDonough Street Jonesboro, GA 30236 770-472-4024 06W%�_'O Community Development Partners, Inc. Developers of Public/Private Partnership Properties and Downtown Real Estate Community Development Partners, Inc., is a niche development company specializing in providing real estate development expertise and services for public/private partnerships focusing on rehabilitation and adaptive re -use of historic downtown and infill mixed-use properties. (cdpartners.biz) Company Mission Public/private real estate development through partnerships with community entities (redevelopment agencies and local government) and/or private entities Emphasis on rehabilitation and adaptive re -use of historic downtown properties, and economic development impact projects Development of mixed-use in -fill projects and market rate single family, multi -family and affordable residential properties Company Philosophy Building communities through real estate partnerships with redevelopment agencies and units of local government Projects In Development Mitchell House, downtown condos and retail, Thomasville, Georgia - $7 Million ❑ (Under construction) in partnership with the Thomasville Downtown Development Authority '*WaterMark Tower, historic rehab, downtown professional office and retail, Anniston, Alabama❑- $6 Million (In financing) in partnership with the City of Anniston Waterworks and Sewer Board Bunn Building, historic rehab, downtown housing and retail, Waycross, Georgia - $4.5 Million (Pre -development) in partnership with the Waycross Downtown Development Authority Hacienda Hotel, historic rehab, hotel, spa and community events venue, New Port Richey, Florida — $11.3 Million (Plan Approved) in partnership with the City of New Port Richey and its Community Redevelopment Agency Norcross Downtown, infill site for residential, retail, restaurants, Norcross, GA - $12 mm Fort Valley Historic High School, downtown historic rehab, Fort Valley, Georgia (Development Agreement) in partnership with the Fort Valley Downtown Development Authority and School Board Company Partners And Shareholders Kirby Glaze - Founding Partner and President — 33% Jerry Gilley - Construction Partner —11 % Andrew Ham - Finance Partner and Vice -President —11 % John Tennison - Architect Partner —11% Trent McNaull - Corporate Management Partner and Secty/ Treas. —11 % Nicholas Gilley - Construction Partner— 11 % William York - Planning and Engineering Partner— 11% Representative Projects Details Phoenix Hotel — Waycross, GA Completed historic rehabilitation of deteriorated 60,000 SF historic early 1900's downtown railroad hotel into corporate headquarters for The Jones Company (Flash Foods convenience stores) and six retail stores/restaurants *CDP principal acted as Project Manager for Waycross Downtown Development Authority and DDA leased property to The Jones Company Hacienda Hotel — New Port Richey, Florida •Development of an 80 room luxury hotel and City parking garage in partnership with Three Oaks Hospitality, hotel management consultants City -owned two story historic hotel consisting of approximately 20,670 square feet (11,220 first floor + 9,450 second floor) with 40,000 square foot new construction addition and parking garage with condo/hotel units Originally constructed in 1920's and listed on National Register of Historic Places *To be developed under a joint venture approach with the City, Plans approved Mitchell House Mixed -Use Downtown lofts (6) and condos (24) with ground floor retail (14 bays) Developed in partnership with the Thomasville Downtown Development Authority (Under construction -completion July 2008) *60% of units sold as of December 31, 2007 Community Development Partners, Inc. Key Personnel Kirby Allen Glaze President and Founder The President and Founder of Community Development Partners, Kirby A. Glaze, has been involved with public/private partnerships for over 30 years as a practicing attorney, local counsel to development authorities and municipalities and as a consultant with his own company, Public -Private Partnership Management, Inc. (4 PM) since receiving his B.A. and law degree from the University of Georgia. Kirby has a long history of community development success and public private partnership project management, including economic revitalization projects, civic centers, resorts, housing developments, downtown historic rehabs and other community partnerships. In Georgia, Kirby enjoys a statewide reputation representing municipal and government clients including development, industrial, housing and recreation authorities in transactions ranging from bond issues, financial matters, development and construction planning and oversight for public-private ventures. Kirby has served as program speaker and seminar leader in a variety of university and professional forums. In addition to his duties as President of Community Development Partners Kirby is currently involved in consulting engagements in Barnesville, Georgia; Lincolnton, Georgia; Nashville, Georgia; Thomasville, Georgia; Waycross, Georgia; and Woodbine, Georgia. Jerry Gilley Construction Management and Founding Partner Jerry's scope of skills, experiences, and construction knowledge place him among the nation's most distinguished builders and a valuable member of Community Development Partners. A respected expert in the industry; his credentials include: designation as "Graduate Master Builder" of the National Association of Homebuilders, former state director and national delegate of the North Carolina Association of Homebuilders, and former director of the Lake Norman, NC A.H.B. His extensive portfolio of projects includes completing over 2500 multifamily units, 500 single family units ranged $ l OOK to $3.5 million, and commercial / historic restoration projects from $2.5 to $35 million dollars. At the time he managed the $35 million historic rehabilitation of the Grove Arcade Public Market in Asheville, NC it was the largest commercial restoration project in the nation. Widely considered to be one of the most craftsmanship oriented developers in the Southeast Jerry is the Construction Manager on all Community Development Partners historic rehabilitations and construction projects. In addition to his duties with Community Development Partners Jerry is the founder and CEO of Three River's Valle, Inc., a firm specializing in residential, commercial and historic rehabilitation developments. See more about Jerry and Three Rivers Valle at 3rvrs.biz Nicholas Gilley Construction Management and Founding Partner Nick along with Jerry represents the construction management expertise of Community Development Partners on all projects. Nick is a strong proponent of Green Building technologies and his personal values focus on efficiency and conservation in all Community Development Partner's residential, commercial, mixed use, resort, and hospitality projects. Nick graduated from the University of North Carolina at Charlotte with a double major in Business with a Bachelors of Arts degree in Finance and Entrepreneurship. Nick's responsibilities with Community Development Partners include project management and the initial construction related due diligence for all rehabs, new construction and adaptive re -use projects. Nick is also a principal in Three Rivers Valle, Inc. and Regional Manager for its Greenville, SC office. See more about Nick and Three Rivers Valle at 3rvrs.biz John L. Tennison, AIA Architecture and Design and Founding Partner A graduate of Ohio University, B.A, in Architecture, John has over 36 years of architectural practice and provides Community Development Partners with design vision and oversight on all projects. His design expertise includes over 25 years of design and construction technology for new and remedial construction and investigative surveys of existing buildings. John's practice has focused on historic rehabilitation for private and public clients. In addition to primary responsibility for Community Development Partners projects John is a principal in Atelier AEC, Inc., one of the Southeast's premier historic preservation architecture firms. John's design projects have included corporate offices, residential lofts and condominiums, museums and churches. Notable among John's many architectural commissions are historic rehabilitation projects for National Park Service monuments and buildings, restoration of State of Florida landmarks including museums, forts, arsenals and heritage visitor centers. John has received multiple awards from the Florida trust for Historic Preservation, Key West Preservation Foundation, the American Institute of Architects and many local preservation commission awards. Andrew Ham Development Finance and Founding Partner With over 30 years of public and private development and finance experience Andrew provides Community Development Partners with expertise focusing on historic rehabilitation equity financing and real estate project development. Andrew has provided tax credit equity placements, tax credit investment financial advice, and historic property rehabilitation consulting services since the mid 1980's. He has structured and facilitated the placement and closing of over $30 million dollars of tax credit equity financing ranging in size from $300,000 to over $4.7 million of tax credits. Andrew has an extensive experience in structuring and financing tax credit investment transactions involving public/private partnerships for tax exempt owners of historic properties including development authorities, municipalities, nonprofits and museums. Andrew received a B.A. Degree in Political Science from Widener University and a M.S. in Urban Planning from Virginia Tech. He is a lecturer on the historic tax credit and historic rehabilitation at University of Florida and the University of Georgia, Athens. His real estate background includes commercial real estate development, leasing and market analysis. Andrew is a past President of the Florida Redevelopment Association. In addition to his responsibilities with Community Development Partners Andrew is the Owner and Managing Director of Urban Trust, LLC, a tax credit capital investment banking and advisory firm. William M. York Planning and Founding Partner Bill's significant expertise in economic and community development including facilities location and analysis is a critical component of Community Development Partner's array of services. Bill's engineering and planning skills span a wide range of disciplines, which affect Community Development Partner's projects including facilities design and planning, industrial park development, utilities/infrastructure assessment, community enterprise development and strategic project management. Bill graduated with a Bachelor of Science in Industrial Management, Georgia Institute of Technology, 1974 and received his Master of Science from School of Urban Life (Community Development Program), Georgia State University, 1978. Bills current project management responsibilities with Community Development Partners include resort development planning for lake front properties and planning for a second home market outside of Atlanta, GA. Bill's background includes employment with Oglethorpe Power as a Senior Business Development Officer from 1987 until 1992, and as Manager of Economic Development for the Cobb County Chamber of Commerce from 1984 until 1987. In addition to his responsibilities with. Community Development Partners Bill is on staff with 4 PM and owns his own consulting firm, YMS Consulting. Trenton Allen McNaull Corporate and Founding Partner With a professional background in corporate management and a lifetime love of the entrepreneurial spirit, Trent pulls from both disciplines for his involvement in community development. Trent is a consultant with Public -Private Partnership Project Management, Inc. (4PM) Jonesboro, Georgia. He received a Bachelor of Arts degree in Business Management from Tennessee Technological University in Cookeville, Tennessee, with a minor in Social Science in 1998. Trent received a full football scholarship from Tennessee Tech, where he was a four-year letterman and Team Captain in the Varsity Football program. He was selected to the National All -Stars Team and the All American Bowl. Trent's professional career started as an Operations Manager for Roadway Express, Inc., in Nashville, Tennessee. He served as Area Manager, Director of Operations and ultimately, General Manager for Inter -Park in Atlanta, Georgia. Trent was associated with Central Parking System in Atlanta, where he was City Marketing Manager and helped oversee Hospital operations at the Atlanta Medical Center and Grady Health System. Mr. McNaull was also owner operator of K.D.'s Cafe, a very successful local family restaurant in Douglasville, Georgia. He personally is an investor in real estate and rental property, and other business enterprise. In his role with 4 PM, Trent and his associates consult with public and private entities in the area of real estate project management and development. Mitchell House Construction September 2007 sop- Downtown Norcross In -fill Site iiii is Ln-CCIL NM PORT RIClIff, M [��=w Ilk I � Frc D P. r ATLL CER su:u� .i+ni i��iulelt�h rla�et°iil��mrr, trt ., .11 �t tot t ►.r,:I 4': .. I", fom*4 rN n www. S aveO ldB oyntonHigh. or CONTACTS: PAULA MELLEY, 561-310-3970 )melle) saveoldboyntonhii4h. or BARBARA READY, 561-734-3646 bread saveoldbovntonhi2h.oriz THE POWER OF POSITIVE PRESS - BOYNTON BEACH MENTIONED TWICE IN WORLD WIDE READ: "PUBLIC ART REVIEW" FALL/WINTER 2006 ISSUE "dop rr'}(f-'rst�i�.riFa}rt<'atFe>5-3 `EY tl�� FFr"�JFr_r}�}ri �rrr�rtci 4 r 'j, { S Plr� �t[ rl t r`.:a ry tr�ryr}�-3 c: 1 b �.. rl�fa lr'-/ttl�acf ' 7 - .;` =f r[ �t@u ff J�.:1ciFfi3, !IF c}re}jlr-5 i!j'c)�At� li� cR�h� ! SSiJj pp t_: 5 I rf fr' r%r!'-7'1 tl,`== r� r1p!`, c)r cf F'c F�'�I_r-yrf rr )cic;S` r;1'� cP(1f•7 r�! 5�<t'�- r j�:%r crc:f�t`j�lrj�i.}� cfF}cf �cc}(�j a�f c�;�cllcy'cfracb r sr6brrtl{r�Ff�-�'Y �11, c�F • .ter cl7pr jf Crf"c)riGceuy 7llgi alrr i Dfjt,(i �Icr( } ",Rtfi �ckl rt.F Yct 1� 7,Y/ r}rcYi7�pc --�,3 cf�tr f'r if q ri r-1, crF c7c trrF c F r c !t!!eEl rfi}c(ci��'v c,cr(F7rcrt' t./ t(r- ij c`•eiitFP�Y k f(i i! , 3r�f `c lrr��ar TIFF r�/6arr�jr�a�a�f cJ�� Ffr� qtr? i r% �rlF afrrirt i r rlc �lcltc'�f� �[i Off. fcib rr Qp � rp j .ar� c�ciEJcDf r�i IefK r 1DC�a�e� ric r�a C ArlYs rr) 'k:� 3rtX r� zFa71 1ct �Yriptec[jr �trF}ries r$ c f f�j PlP'.lf aFf°�� AN I I D11 LJ R L 11 S-1 AT C. Percent -for -Art in Florida (circa 2006) Between the cities of Palm Beach and Fort Lauderdale lie Boynton Beach and Coral Springs, two small municipalities among many that lie along the hundreds of miles of Florida's southeast coast. Yet these small communities have established two of the state's newest and most progressive public art programs, and they represent a new surge of confidence in the importance of public art as an integral part of a modern community. As with most successful public art programs, the ground- work for these new programs began with months, sometimes years, of activism by local residents—educating their fellow citizens, elected officials, and local business people on the desirability of a formal policy for government acquisition of art in public spaces. These supporters believed that a public art program's long-term viability is increased with the stability of an ordinance. To work towards that goal, they drew on the expertise of professionals who could assist in evaluating their community and help them create a plan that, while following the precepts of national standards, also focused on their own unique needs. The philosophy of equating public art with community identity, espoused by most newer public art programs, is grounded in a keen awareness of the economic rewards that come to a community displaying, in a vibrant and unique way, a special quality that proclaims it both proud of its past and ready to stride into its future. Clearly, public art is now a popular way to create such vibrancy, infusing the city's social and business climate with new enthusiasm. Citizens are pleased to live there, tourists are glad to visit, and investors are happy to tap the excitement. It is no wonder that one community, seeing the success of another, seeks to emulate it. One might ask whether a flourish- ing public art program is one outcome of a vibrant city, or whether such a program helped create such a city. Which comes first is a fascinating topic for debate, but there is no denying the recent rapid increase in the number of communities seeking to develop their own public art programs. Evidence of recent growth in the number of Florida public art programs can be observed in a single county—Broward. After decades of watching the successful Broward Public Art and Design program, many smaller municipalities are moving to emulate their example. Coral Springs, one of the largest small cities in Broward County, which also includes Fort Lauderdale, passed a public art ordinance in 2003 based on a professionally developed master plan. Seven other municipalities in Broward County are also creating public art programs: Lauderhill, Sunrise, and Tamarac have adopted ordinances, while ordinances are being proposed in Lauderdale Lakes, Coconut Creek, Miramar, and Pompano Beach. These newer Florida programs are building on a strong foundation created by those established in the state in the first wave of public art enthusiasm that resulted from the major LEE MODICA national public art installations of the 1960s: Miami -Dade County in 1973, Broward County in 1976, and the Art in State Buildings Program created by state statute in 1979. An Art in Public Places ordinance was passed in Miami in 1973, providing 1.5 percent of the cost of new county construction to create public art for those facilities. Like many other programs, Miami's has evolved from non -site- specific acquisition of art pieces to the current approach of commissioning artists to create site-specific works integrated with the architecture whenever possible. New proposed changes to the original ordinance will expand the program to include 1 percent of renovations over $500,000 and of infrastructure projects, allowing artists to significantly affect sidewalks, medians, parks, and other open spaces. Jose Bedia, aerial view of the lobby floor (detail) at the Delores and Sandford Ziff Ballet Opera House, 2006, Miami. g 57 58 The second Florida public art program, Broward Public Art and Design, began in 1976 in a part of the state that SOME residents and visitors considered artistically sparse. Bu. progressive citizens and government officials believed that establishing Broward County Art in Public Places would be a guaranteed impetus for further cultural development, Aftei seven years of successfully placing individual artworks in public spaces, the program began to investigate a more integrated approach. Jerry Allen and Associates, a prominent San Francisco consulting fir4 was contracted for a detailed study of the existing program. After two years of intensive community research, this study resulted in a new 2 percent ordinance that encompassed a much more complex system of policies affecting infrastructure, collection management, artist development, and community outreach. Florida's Art in State Buildings Program sets aside 0.5 percent for artwork to be acquired for state -funded facilities. Since the program's beginnings in 1979, over 1,300 works of art have been purchased or commissioned and placed in public spaces. They can be found in almost every county, in state office buildings, in Department of Transportation complexes, in Department of Health facilities, in district courthouses, in highway patrol stations, and in Florida National Guard Readiness Centers, as well as on the many campuses of the eleven state colleges and universities. Recent strong growth in enrollment has created a surge in construction at the state's universities and a consequent increase in public art acquisitions. A second wave of public art in Florida echoed the first, with programs in the 1980s and early 1990s—Orlando in 1983, Tampa in 1985, Hillsborough County and Gainesville in 1989, Brevard County (the Space Coast) in 1990, St. Petersburg in 1991, and Sarasota in the early 1990s. Tampa's Public Art Program was founded by ordinance in 1985, setting aside 1 percent of funding for municipal construction projects for public art. It does not apply to infrastructure but does permit pooling funds. In its early years, the collection followed national trends, starting with sculpture commissions in plazas, some community-based projects, and a portable works collection. Now the program is very strong, growing fast, and most artwork is well integrated into its site. Its ordinance now also applies to private development in the central business district. In 1989, the city of Gainesville created an Art in Public Places Trust to enhance the quality of the community's visual environment, both natural and built, consistent with the goal of the state comprehensive plan. Their percent-for-artordinance sets aside 1 percent of the funding for original construction or major renovation of a local government building to be used for art. Located in an ecologically distinctive area of the state, much of the art acquired for the Gainesville program has a natural focus. A public art program ordinance was passed in Sarasota in the early 1990s, but adoption of the program into the city's land development code in 1998 meant that private develop- ment was included along with city -funded projects. Public Art Consultant Pamela Sumner helped the Planning Department write a new policy for including private development, result- ing in a collection of art now worth almost $300,000. In the late 1990s, an expansion in the number of Florida public art programs began that is continuing today: Jacksonville and Martin County in 1997, Pinellas County and Key West in 2000, Orange County in 2002, Coral Springs in 2003, Delray Beach and Boynton Beach in 2005. Most of these recently enacted programs include requirements for private businesses r 3 s to participate, either by acquiring public art for large new projects or by contributing to a public art fund. Jacksonville passed an ordinance in 1997 requiring that 0.75 percent of spending on habitable buildings be placed in a public art fund. Since 2000, when a city improvement plan generated substantial construction projects, twenty-three public art projects have been installed. Sitting midway up the state's Atlantic coast, Martin County includes the picturesque older communities of Stuart and Jupiter. In 1997, the county created a Public Art Advisory Board to generate a master plan for public art. Their 1 percent Art in Public Places ordinance has generated numerous artworks for parks, fire stations, and libraries. The city of Key West formed a Public Art Committee in 2000. With the support of city government, this active citizen's board works without an ordinance, purchasing and commis- sioning art for public spaces entirely through donations from public and private sources. In 2002, Orange County, which contains the city of Orlando, established a growing public art program with an emphasis on citizen involvement. This winter another Orange County community, Winter Park, hopes to stimulate local interest in a permanent public art program by installing a four-month exhibit of internationally known sculptors [see page 881. After years of planning by professionals and local enthusiasts, the city of Clearwater has created a Public Art and Design Program, which will receive 1 percent of the budget to construct or renovate city buildings, trails; parking facilities, bridges, and other above -ground projects. The program also applies to private developers of projects over $5 million, requiring them to dedicate 1 percent of their budget to an on- site public art project or contribute 0.75 percent to the city's Public Art Fund. The Naples City Council established a Public Arts Advisory Committee in 2001 to develop implementation guidelines; artwork selection procedures; and policies for the acquisition, donation, and loan of public art. After further research and community education, final passage of a public art ordinance that applies to both city -funded projects and large private development is expected in fall 2006. Public art programs of permanent acquisitions or temp- orary exhibits are also found in many of Florida's airports. Pensacola, Tallahassee, Jacksonville, Tampa, Orlando, Fort Lauderdale, Miami, Naples, and Fort Myers all have active programs created and supported by the airport authority or local municipal government. Like the newer Florida programs, some of the older programs have evolved to follow a current national trend of including major private developments as well as publicly fund- ed projects under their ordinances. Strong public education efforts and excellent communication with progressive private businesses and developers have led to programmatic struc- tures that allow for flexible artwork acquisition methods. More public art programs with more sources of funding have led, inevitably, to more quality artwork in more public spaces. And that state of affairs, one hopes, is leading to a time when people will automatically expect to see art in public spaces and will wonder what is wrong with a community that does not provide it. LEE MODICA has administered Florida's Art in State Build- ings Program since 1994. She was elected to the first Council of the Public Art Network and is current president of the Florida Association of Public Art Administrators, which she helped found in 1997. OPPOSITE PAGE (above): Jorge Orta, ALaminognphie Coneen (two views), 2006, choreo- graphed images and sounds in three modules, fagade of H.B. Plant Hall, University of Tampa. OPPOSITE PAGE (below): Alice Aycock, Mize 2XV, 2002, milled aluminum, University of South Florida, Tampa. ABOVE: Jonathan Christie and Caroline Madden, Lynes/ iight, 2006, glass and stainless steel, Times Union Center for the Performing Arts, Jacksonville. Donated by the College of fine Arts, Jacksonville University. BELOW: Celso Gonzalez and Roberto Biaggi, San Rising in Spring, 2005, Coral Springs. c iz 59 THIS IS WHAT IT LOOKS LIKE FOR A CITY TO EMBRACE ARTISTS - THE POWER OF POSITIVE PRESS EASTERN =; EDITION The SPress THURSDAY, MARCH 1, 2007 Extending a Welcome to Artists By Pat Rogers It is the enduring dream of many an artist on Eastern Long Island to have an affordable place to live and work. Perhaps it's possible the dream can come true—with one catch. It might not exactly be in the Hamptons, the North Fork or Riverhead. Moving a bit west, Patchogue holds new promise as a destina- tion for this sort of wish fulfillment. Last week, Patchogue kicked off a campaign to gather information on the feasibility of a proposal to develop affordable live/work housing for art- ists. If Patchogue Village Mayor Paul V. Pontieri Jr, has anything to say about it, the project will transform the village into a thriving hub of visual artists, galleries and performing arts. "The Village of Patchogue has gone through a number of changes since it was founded ... and it now needs a new identity," Mr. Pontieri said. "I'd like that identity to be that Patchogue is a place for the arts. A place where you can walk down Main Street, meet local artists who live here, see art in galleries and see a show. We're doing great with the performing arts. Now wed like to do the same for the visual arts." The renovated Patchogue Theatre hasn't been good just for Patchogue—performing artists from the East End have been—and are—taking advantage of the venue. One example would be East Quogue musician Jessie Haynes, who is launching her latest CD release, "The Secret Life of Cinderella," as part of the theater's Live in the Lobby concert series on March 1. Great Caesar's Ghost—an East End Band made up of musicians hailing from East Quogue to Amagansett—will be performing on the theater's main stage on April 21. The group has appeared frequently at the Stephen Talkhouse. Bangers and Mash—an Irish group that plays weekly gigs in Westhampton and Hampton Bays—will appear in Patchogue on March 25. Actors from all across Long Island can be spotted on the main stage in musicals produced by Gateway Playhouse. Last Thursday, February 22, the mayor and. Patchogue Village took a giant step closer to restyling Main Street as a place for the arts. A kickoff meeting and informational session for affordable artists' live/work studios was held at the Patchogue Theatre. The talk fea- tured officials from Artspace Projects, Inc., the consulting firm on the project. If the propos- al generates enough interest and gains sonic traction in the community, and the money is secured, Artspace Projects will also manage the project. The meeting also served as a staging area from which to launch an online survey to gauge interest in the livehvork spaces. Slated to remain online for 30 days, the anonymous survey is considered a critical component in Patchogue Village Mayor Paul V. Pontleri Jr.,second from right,chats with Long Island artists Leonardo Liguori,Robert Edwin, Brian Rawson and Allen Boulos after an Artsites launch at the Patchogue Theatre last Thursday. PAT ROGERS assessing whether or not there is sufficient interest to green -light construction, deter- mine how many units to construct, and what amenities ought to be included. The survey is available at www.artspacepatchogue.org, The meeting drew about 35 people, primar- ily representatives of Suffolk County govern- ment and arts organizations, artists and their supporters. The East End Arts Council, head- quartered in Riverhead, turned out in force to support the initiative to provide affordable living space for artists that doubles as work- ing space. What sets Artspace live/work spaces apart from traditional affordable housing projects is that the units are designed to be rented to working artists and are constructed with art- ists' needs in mind. For instance, apartments for visual artists would have high ceilings and lots of natural light. If dancers are the performing arts demographic, sprung floors would be included. Apartment/studios for musicians would have soundproofing. How the units would be allocated and constructed is determined in the informationgathering phase. Each Artspace project also has common spaces for residents and public spaces. A woodworking or printing shop can be includ- ed. So can gallery space, performance space or a recording studio. In addition to units for liv- ing and working, spaces for studio/office use could be available for rent. Artists and their supporters who attend- ed the meeting said separately they thought affordable housing for artists is necessary. © The Press Newspaper Group, 2007. Reprinted with permission. The public spaces and the prospect of having galleries and spaces for other cultural events earned applause from the potential tenants. "If you're not a big name, it's hard to find space to put your work in a gallery," said pho- tographer Brian Wasser of Brookhaven. "I liked the project when I heard it would be afford- able and it would have gallery space. I think that's important for the artists who live there." In Patchogue, village officials have picked two potential sites for such a project near the western end of Main Street. So far, the mayor has cobbled together $75,000 from the Knapp Swezey Foundation, Suffolk County, Patchogue Village and NewYork State. Another $375,000 is still needed. Mr. Pontieri said he's not worried. "There's support for the project and the money will continue to come in," he said. "More organizations will get on board and it'll pick up steam. I'm determined to make this project happen." Artspace is a non-profit organization based in Minnesota that has completed affordable artist live/work projects around the country. The firm offered presentations on the concept more than a year ago to Riverliead Town and Patchogue Village. Riverhead officials have tabled the idea, at least for now. Artspace Projects, Inc, has three New York projects underway. They are located in Patchogue, Buffalo and East Harlem. To find out more about the organization, visit www. artspace.org. To take the survey or join the mailing list, visit www ArtspacePatchogue.org or call 612-333-9012. 138 COASTAL LIVING At the restored Towles Court artist colony, visitors can pick up a photograph, a painting, or even a new pastime. revival With emerald waters and ever- changing light, Sarasota, Florida, has lured artists to its shores since it was a mere bohemian beach village. Today, its beauty remains a powerful muse. In a city crawling with condos, a group of artists has transformed the once -derelict cottages of historic Towles Court into a colorful sanctuary. Fifteen homes, galleries, and studios painted vibrant pink, blue, yellow, purple, and green cluster amid lush tropical gardens. Water trickles from fountains. Bamboo and metal sculptures scatter on the village green like rainbow -color sprin- kles on pistachio frosting. Towles Court originally thrived in the 1920s as a small residential community near the TEXT BY FRANCOISE O'NEILL PHOTOGRAPHY BY ANTHONY JOHN COLETTI Y�ATEflM Call our certified hotel experts 24/7 for all your hotel needs. With over 70, 000 properties to choose from, ranging from B&Bs to all-inclusives, having a real -live person to talk to is worth its weight in gold. At hotels. com, our experts are trained not only to help you find the perfect room, but to assist you every step of the way in planning that perfect trip. TheyW also help you find the lowest price, guaranteed.* So call us today and see what everybody's talking about hotels.comb. WE KNOW HOTELS INSIDE AND OUT. - 101 -0 916 4.914 .iee nhsBe tsr P-mMre WWisns. GM7 Wds.sem, LP.. NI aKhls naesed. Heldamq the 1 *h=1w %h"H*1s Ms* nd K the Bmellhe50 m by wd the Be We aRedhumlMe edtmdmmhata1d11 mAs iRthe Qi vWbrOtla cWdes of W=A LP, asuhsidmyof11ft m.CS12OM9-50. lifestyle bayfront. But after 30 years, the neighborhood had fallen into decay as new shopping malls sapped the prosperity from down- town Sarasota. By the early 1980s, conditions deteriorated so much that the blighted homes were slated for demolition to make room for a high-rise. Enter Sarasota real estate developer N.J. Olivieri, who thought they could be saved. He originally planned to create a neighborhood modeled on Colonial Williamsburg, but friends convinced him to develop the area into a place where artists could live, work, teach, exhibit, and sell their creations. More than 200 artists nationwide wrote letters endorsing the plan. After special zoning provisions were secured, artists quickly snatched up the unpretentious homes and began adding quarters for resi- dences, studios, and galleries. "When I came here in 1997, only a few of the houses had been remodeled; most were still in their semifallen state," says Kathleen Horne, an arts therapist who co-owns Inner Visions Gallery of Art & Healing. "The courtyard was dirt, and very little of the landscaping had been com- pleted. I have seen the vision come alive and flourish." Today Towles Court reflects the people who live here: quirky, colorful, imaginative, spirited, and charming. Artists paint en plein air. A potter may be in his studio, a muralist sketching a plan in her notebook, a musician strolling the grounds, or someone performing the ancient art of Tai Chi in the sculpture garden. In one cottage you could find a writer, in another you might see a conservator restoring a rare painting. Artists often gather on their front porches or mingle with visitors at the open-air Lavanda restaurant. "Being surrounded by others who have the same interests creates a unique environment in which to live and work. It's so meaningful to have this support systeni," says Beverly Fleming, an artist who excels at capturing Floridian land- scapes and wild birds. "We share 242 COASTAL LIVING with each other and have become close—like an extended family." The colony's business hours are varied and relaxed. Some galleries have regular hours, others have longer or limited hours. Studios are typically open by chance, depending on the artist's schedule. But all open their doors to the public during the year-round Gallery Walk, which takes place in the evening on the third Friday of each month. During this event, tiny lights glint from cottages and trees. Music streams though the courtyard, and on warm nights fireflies dance along flower-scented paths. Visitors quickly realize that this community Inside the garnet doors of her gallery, Katharine is itself a work of art. 0 Butler (above) showcases work by award-winning For more information on Towles Court, visit Sarasota artists. Their creations include glass, towlescourrt.com. ceramics, and handmade jewelry. LET ART COLOR YOUR WORLD - SEE WHAT OTHER CITIES ARE DOING........ BOLDLY GO! Lights On Tampa" returns in January 2009, as Tampa prepares to host Super Bowl XLIII. Lights On Tampa" is the city's premier Public Art experience. 2009 CALL TO ARTISTS AVAILABLE NOW AT www.lightsontampa.og Janet Echelman installation November 17, 2006 L�yln , On lanp:;is ;: publi�!prnrate partnersh� and o? Th; C iry of larnp<, nihil; Art rroarim v;nv f-IIghtsonIampa.org r OLD ]BUSINESS: �ration of Revised Travel itertainment Policy JqYANT East Side—West Side—Se CRA Renaissance CRA BOARD MEETING OF: January 8, 2008 Consent Agenda I X ( Old Business I I New Business I I Public Hearing I I Other SUBJECT: Travel & Entertainment, Credit Card Policies SUMMARY: At various Board meetings, including December 11, 2007, the CRA Board has requested staff to provide recommendations for travel and entertainment policies. The attached revised policies were derived from the policies of other CRAB, as well as the City of Boynton Beach. A sample of the breakdown between classes of travel and entertainment for random previous months is also attached as a point of reference. FISCAL IMPACT: N/A RECOMMENDATIONS: Provide direction. fa-�Odca�' Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 01 08 CRA Board Meeting January\Travel & Entertainment -Credit Card Policies.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TRAVEL AND ENTERTAINMENT POLICY Approved travel must adhere to the following guidelines in order to be paid by the Boynton Beach Community Redevelopment Agency ("CRA"): Class A travel: Travel that exceeds twenty-four (24) hours or more away from official headquarters. Class B travel: Travel that does not exceed twenty-four (24) hours but overnight stay from official headquarters is required. Class C travel: Travel for short or day trips (within 50 miles of official headquarters) where the traveler is not away from his official headquarters overnight. Class A and Class B Travel Authorization and Reimbursement Policy A. Prior to Travel: 1. Complete Conference & Travel Request form, Per Diem form and submit for approval. A description of the conference, seminar, workshop, meeting with relevant information concerning the locations, dates, costs of the travel must be attached to the Travel Request form. Per Diem rates must exclude all conference meals covered by registration fees. 2. As approved at the October 9, 2007 CRA Board meeting, all travel by CRA Board members must be approved in advance by the CRA Board. 3. Travel expenses shall be limited to those expenses necessarily incurred by travelers in performance of a public purpose authorized by law to be performed for the CRA and must be within the limitations prescribed by this policy. 4. Travelers are authorized to use their CRA issued credit card to pay for Class A and Class B expenses, including but not limited to: airfare, hotels, conference fees. All such expenditures must be documented with the original receipt on the Travel Expense report and the Credit Card Reconciliation Form to be completed monthly (see Credit Card Policy). B. Registration: 1. Complete conference registration forms. 2. Submit conference form for payment in advance if necessary. 3. Attach a copy of the registration form and approved Conference & Travel Request form with the request for payment to Finance department. 4. Request per diem fee in advance (subtract all conference meals covered by registration fee). Per Diem rates are: Breakfast - $12.00, Lunch - $15.00, Dinner - $30.00. C. Upon completion of Travel: 1. Complete the Travel Expense Report and/or Petty Cash Request for out-of-pocket expenses. 2. Attach a copy of the approved Conference & Travel Request form, Per Diem form, credit card receipts and other receipts to the expense report for payment or reimbursement. TMUMAN RESOURCES1Conferences & TravellRevised TRAVEL POLICY 12-29-07.doc 3. Failure to include credit card receipts will be charged to the staff member personally. 4. Submit to Finance department for verification and approvals. Keep a copy of the travel expense report and related receipts for verification of credit card charges and inclusion of receipt copies as necessary in the monthly Credit Card Reconciliation. D. Travel Approvals and Reimbursable Expenses: 1. Authorized travel is defined in the annual CRA budget as approved by the CRA Board for non -local, local, and regional travel and entertainment expenses related to a public purpose. 2. CRA Board Member travel shall be approved by CRA Board Chair or Vice Chair and Executive Director, and must be approved in advance by the CRA Board at a regularly scheduled meeting. 3. CRA Board members travel expenses may be paid by the Executive Director under authority of Resolution No. 05-15. 4. CRA Board members shall be reimbursed for travel expenses as approved in advance by the CRA Board and upon receipt by the CRA of receipts and documented expenses. CRA Board members will only be reimbursed for actual travel. If expenses have been incurred by the CRA Board member personally, and the CRA Board member does not attend the related conference, workshop or seminar, the CRA will not reimburse such expenses. 5. Executive Director's travel shall be approved by the CRA Chair or Vice Chair. 6. CRA employee travel shall be approved by the Executive Director or Assistant Director and the CRA Chair or Vice Chair. 7. Entertainment expenses are permitted and reimbursable if serving the public purpose and as approved in the annual budget for official CRA business. Entertainment expenses, including but not limited to meals, tickets, or admission to special events, or other functions may be reimbursed subject to approval by the Executive Director or designee. The business purpose, date and location, names of attendees must be included with the reimbursement request. 8. Travel and entertainment expenses are only reimbursable with receipts and are not automatic. 9. Personal items are not reimbursable by the CRA. E. Travel Restrictions: 1. Per Diem payments shall be paid only for class A and B travel. Class C travel meals will be reimbursed according to the time travel begins and ends and at no more than the per diem payment for the reimbursable meal (see Class C travel below). 2. Mileage rate reimbursement will only apply if employee does not receive an auto allowance. Mileage rate for 2008 is $.505 per mile per IRS and City. 3. If a spouse is to attend, all related expenses shall be paid by the employee, and all receipts must be separate or noted separately on the associated receipt(s). The CRA will not pay for any spouse or child costs associated with any conference. All such costs will be paid by the employee separately. 4. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered a cost of the employee and not the CRA. Meal rates are $12.00 -breakfast, $15.00 -lunch and $30.00 -dinner. TMUMAN RESOURCES\Conferences & TraveMevised TRAVEL POLICY 12-29-07.doc Class C Travel Authorization and Reimbursement Policy A. Class C local travel includes trips to meetings, seminars, errands done on behalf of the CRA and other like job related travel and expenses. B. For local conferences, workshops and seminars, the traveler must complete the Conference & Travel Request form and comply with all procedures for approval and reimbursement of expenses as outlined for Class A & B travel above. C. Employees shall be reimbursed for use of a personal car for CRA business at the current published IRS mileage reimbursement rate in effect when the travel took place. All mileage shall be documented as to the business purpose and mileage on the Mileage Log form. D. The CRA may grant a car allowance in fixed amounts for use of privately owned automobiles on official business in lieu of the reimbursable mileage rate. Allowances granted pursuant to this paragraph shall be reasonable and budgeted, taking into account the customary use of the automobile, the roads customarily traveled, and whether any of the expenses incident to the operation, maintenance, and ownership of the automobile are paid from funds of the CRA or other public funds. Such allowance may be changed at any time. At present the Executive Director and Assistant Director receive a car allowance. All other employees receive a mileage rate for official CRA business. E. Class C travel meals will not be reimbursed on a per diem basis; however the traveler shall be reimbursed for subsistence at local conferences, seminars and workshops as provided below. In no event will the traveler be reimbursed more than the per diem rate for the reimbursable meal. • Breakfast, when local travel begins before 6:00 a.m. and extends beyond 8:00 a.m. • Lunch, when local travel begins before 11:30 a.m. and extends beyond 2:00 p.m. • Dinner, when travel begins before 6:00 p.m. and extends beyond 8:00 p.m. or when travel occurs during night-time hours due to special assignment. F. No allowance shall be made for meals when travel is confined to the city or town of the official headquarters except reimbursement for entertainment expenses of official business if serving the public purpose and as approved in the annual budget for official CRA business. Entertainment expenses, including but not limited to meals, tickets, or admission to special events, or other functions may be reimbursed subject to approval by the Executive Director or designee. The business purpose, date and location, names of attendees must be included with the reimbursement request. G. Employees are authorized to use their CRA issued credit card to pay for Class C expenses. All such expenditures must be documented with the original receipt on the Travel Expense Report and the monthly Credit Card Reconciliation statement. Attached Forms — • Conference & Travel Request • Per Diem Request • Travel Expense Report • Petty Cash Request • Mileage Log TAHUMAN RESOURCES1Conferences & TravehRevised TRAVEL POLICY 12-29-07.doc Boynton Beach Community Redevelopment Agency CONFERENCE & TRAVEL REQUEST Date of Request: Staff or CRA Board Attending: Conference Name: Conference Location: Conference Purpose: Account to Charge: Dates of Travel & Attendance: Cost of Conference: $ Cost of Travel: $ Cost of Lodging: $ Cost of Car Rental: $ Cost of Per Diem: $ Approved by Executive/Assistant Director: Approved by Chair/Vice Chair: 225 to 2008 ---------------- ---------------- TOTAL Date Date NOTE: CRA Board travel requests must be approved in advance at a regularly scheduled meeting of the CRA Board. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the employee and not the agency. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Please submit a conference agenda with this request. Please subtract all meals provided for by conference attendance fee. T:\HUMAN RESOURCESIConferences & TravellCONFERENCE & TRAVEL Request Form.doc Boynton Beach Community Redevelopment Agency PER DIEM REQUEST Date of Request: Staff Member Name: Conference Name: Conference Location: Conference Purpose: W Dates of Travel & Attendance: to 2008 Total Number of Days: Total Per Diem to be paid: Account to Charge: 225 Approved by Executive/Assistant Director: Date NOTE: Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the employee and not the agency. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Total per diem $57.00 per day. Submit a conference agenda with this request. Please subtract all meals provided for by conference attendance fee. All per diem requests must be made at least two weeks in advance of conference date to allow Finance time to process requests. No per diem requests will be processed outside of the normal payment cycle. T:IHUMAN RESOURCES1Conferences & TravellPER DIEM Request Form.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TRAVEL EXPENSE REPORT Date Submitted Employee Name Travel Dates Conference Name Conference Purpose Conference Location Account to Charge 225 Expenses - Receipts must be attached for all expenses Dates of Travel Method of Total Payment Hotel $ - Breakfast $ - Lunch $ - Dinner $ - Registration Fee $ - Ground Fare $ - Parking Fee $ - Tolls $ - Fuel $ _ Plane Fare $ - Rental Car $ - Books/Publications $ - 'Mileage ($.505/mile) $ - Total Per Dayl $0.00 1 $0.00 1 $0.00 1 $0.00 1 $0.00 $0.00 1 $0.00 I Total Expensel $ - "Miles a Details Date Miles Each Way Total Mileage Mileage Reimb. $ - S - S - S - S - $ - $ - Signatures Traveler Finance Director or Finance Assistant T:\HUMAN RESOURCES\Conferences & Travel\TRAVEL EXPENSE Report Boynton Beach Community Redevelopment Agency Petty Cash Request Date: 200 Name: Purpose: Amount Requested: Charge to Account: REQUESTED: Signature RECEIVED: APPROVED: Date Signature, Date Signature Date TAHUMAN RESOURCES1Conferences & TravellPetty Cash Request Form.doc 2008 MILEAGE LOG ROUND TRIP TOTAL @ DATE BUSINESS PURPOSE MILES .505/MILE $ - $ - $ - SIGNATURES: CMrLVTCC TAHUMAN RESOURCES\Conferences & TraveRMILEAGE LOG DOTAL DATE: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY CREDIT CARD POLICY PURPOSE: The Boynton Beach Community Redevelopment Agency's ("CRA") Purchasing Card (credit card) policy is designed to improve efficiency in processing purchases approved in the annual CRA budget for official CRA business of a public purpose. This program will allow the cardholder to purchase approved commodities and services directly from our vendors. Each purchasing credit card is issued to a named individual and the Agency's name is clearly shown on the card as the governmental buyer of the goods and services. The purpose of this policy is: 1. To provide an efficient method of purchasing and paying for goods and services as approved in the annual CRA budget for Agency business of a public purpose. 2. To ensure that the CRA bears no legal liability from the inappropriate use of the procurement credit cards. 3. To provide for disciplinary action if the purchasing credit cards are misused. Credit Cards are issued to each member of the CRA staff and monthly credit limits are set according to the responsibilities of each position (see attached for current limits). Procedures Cardholder: ♦ Hold and secure purchasing card. ♦ Complies with procurement policies and procedures. ♦ Assures that budget exists for purchased items. ♦ Assures receipts identify detail of items being purchased. ♦ Identifies account number, associated dollar value, and reason for purchase on each purchase receipt. ♦ Hold original receipts for monthly credit card reconciliation. ♦ Completes monthly credit card reconciliation and submits to Finance department for payment. ♦ Identify disputed charges. ♦ Responsible for all purchase transactions on the assigned purchasing credit card. Finance ♦ Requests from credit card vendor purchasing card for designated employees. ♦ Sets spending limits for each cardholder. ♦ Provides Purchasing Card agreement to employee. Maintains executed agreement. ♦ Receives consolidated and individual statements and distributes to cardholders for reconciliation. ♦ Receives completed employee monthly credit card reconciliations. ♦ Approve/disapprove all purchasing card requests. ♦ Coordinate issuance and cancellations of cards. ♦ Participate in resolving billing disputes. ♦ Pay all monthly charges from consolidated statement. ♦ Collects cards from cardholders that terminate employment. LOST OR STOLEN PURCHASING CARDS a. If a purchasing card is lost or stolen, the Cardholder must immediately notify the issuing bank and the CRA Finance of the loss, verbally and in writing. b. The Cardholder will be responsible for reporting all information necessary to minimize the liability to the CRA for a lost or stolen card. TERMINATION OR TRANSFER OF CARDHOLDER a. When an employee ends his or her employment, Finance shall immediately collect the purchasing card and destroy it. b. If the Finance is unable to collect the purchasing card when an employee terminates, the Finance department will immediately notify the issuing bank to ensure that the card is cancelled. LIMITATIONS ON USE OF PURCHASING CARD CARDHOLDER USE ONLY The purchasing card may be used only by the employee whose name is embossed on the card. No other person is authorized to use the card. The Cardholder is responsible and accountable for all transactions that occur on his/her card. CRA PURCHASES ONLY The purchasing card is to be used for CRA authorized purchases only. The purchasing credit card cannot be used for any personal use. If personal use is unavoidable in the context of travel, the employee will segregate and document such charges and reimburse the CRA accordingly and immediately (see Travel & Entertainment Policy). If items of a personal nature are charged by the employee in error, the employee must immediately submit a check to the Finance department reimbursing the CRA and document such personal use in memorandum form. Personal use will require immediate reimbursement and can result in disciplinary action which may include cancellation of the employee's purchasing card privileges, dismissal and/or criminal charges. In addition to any administrative and disciplinary action that may be taken, the employee may be required to reimburse the CRA for the total amount of the improper charges through payroll deduction or direct payment. PROHIBITED USES OF PURCHASING CARDS The following types of items may not be purchased with a purchasing card, regardless of the dollar amount. • Cash advances • Personal use items PURCHASING CARD SECURITY Your purchasing card should always be treated with at least the same level of care that you do with your own personal credit cards. a. STORAGE OF THE PURCHASING CARD Keep your purchasing credit card in an accessible but secure location. Since you, as the Cardholder, will be the only one using the purchasing card, it needs to be accessible only to you. b. ACCOUNT NUMBER Guard the purchasing card account number carefully! Do not post it at your desk or write it in your day planner. C. SHARING OF CREDIT CARD The only person entitled to use the purchasing card is the person whose name appears on the face of the card. Do not lend your purchasing card to another person for use. d. LOST OR STOLEN CARDS If the purchasing card is lost or stolen, you must immediately notify the credit card issuer, document the report, and notify the Finance Department. MISSING DOCUMENTATION If for some reason the Cardholder does not have documentation of the transaction to support the transaction on the monthly statement, the Cardholder must attach a signed certified description of the purchase. Continued incidents of missing documentation may result in the cancellation of the employee's purchasing card privileges. Attached Forms o CRA Purchasing Card Program Employee Agreement o Monthly Credit Card Limits o Credit Card Reconciliation Form 3 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PURCHASING CARD PROGRAM EMPLOYEE AGREEMENT (employee name) (employee social security number), hereby request a Purchasing Credit Card ("Card"). As a Cardholder, I agree to comply with the following terms and conditions regarding my use of the Card. I understand that I am being entrusted with a valuable purchasing tool and will be making financial commitments on behalf of the CRA and will strive to obtain the best value for the CRA by using "preferred suppliers." I understand that the CRA is liable to credit card companies for all charges made on the Card. I agree to use this Card for official business related purchases only and agree not to charge personal purchases. I understand that the Card may not be utilized for cash advances. I will not permit another individual to utilize the Card issued to me. I understand that the CRA will review the use of this Card and take appropriate action on any discrepancies. It is my responsibility to ensure that the supplier has the CRA's tax-exempt number. I agree to return the Card immediately upon request or upon termination of employment) including retirement. I understand that the CRA or Purchase Credit Card companies may suspend or cancel the Card at any time for any reason whatsoever and I shall return the Card immediately upon notification or cancellation. I understand, as a Cardholder, it will be my responsibility to assist in the reconciliation of my monthly statement. This includes: providing supporting charge slips/receipts and listing the reason for the purchase or job it pertains to for all transactions appearing on the statement. I agree with all of the terms and conditions of the Purchasing Manual on the assignment and control of the Purchasing Credit Card. If the Card is lost or stolen, I agree to immediately notify the Finance department immediately (1-561-737-3256) of the loss, verbally, and in writing. Employee Signature and Date Director of Finance and Date Issuance Date L'I Witness Signature and Date SunTrust Credit Card Monthly Limit Summary I Title Credit Limit Executive Director $ 10,000 Assistant Director $ 5,000 Finance Director $ 5,000 Marketing Director $ 10,000 Special Events Manager $ 10,000 Development Manager $ 5,000 Administrative Manager $ 3,000 Administrative Assistant $ 1,000 Marketing Associate $ 1,000 a i s� i i i f E Lisa Bright Vivian Brooks Susan Harris Margee Adels er er Mike Simon Kathy Biscuiti Ashley Buckle Phyllis Zitcer Alina Wiser Total Sample of Travel & Entertainment Expenses Source: SunTrust Credit Card Bills October -07 Julv-07 Class A & B T & E I Class A & B T & E Class C T & E $ 74.71 $ 60.01 560.48 $ - $ 100.00 $ - $ 1,453.58 $ 127.38 $ - $ 62.30 $ - $ 87.22 $ - $ - $ - $ - $ - $ - $ 1,Ei2b.29 $ 336.91 Class A & B T&E Class A & B T & E Class C T & E $ 238.23 $ 132.08 560.48 $ - $ 1,170.00 $ - $ 150.00 $ - 825.00 $ - $ 150.00 $ 200.00 $ - $ - $ - $ - $ - $ - Mav-07 $ b38.23 $ 332.08 $ 2,951.09 $ 157.36 Class A & B T & E Class C T&E $ 395.61 $ 157.36 $ 560.48 $ - $ 1,170.00 $ - $ 825.00 $ - $ - $ - $ b38.23 $ 332.08 $ 2,951.09 $ 157.36 1N I IiI�N! IiNVN I1� yANI C RA East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 8, 2008 Consent Agenda I X I Old Business I I New Business I I Public Hearing I I Other SUBJECT: Consideration of Residential Improvement Grant Program Options SUMMARY: The Residential Improvement Grant Program was a pilot program created by the former CRA Board. The intent of the program was to provide housing rehabilitation to low income residents of the Heart of Boynton neighborhood. Many of these residents are elderly and survive on fixed incomes. Since these individuals are low income, most lack the financial capability to afford basic repairs to their home. The City's SHIP and CDBG housing rehabilitation grants are secured with property liens with the grants being paid back upon the sale of the home provided the owner sells the house prior to the lien being dissolved. Based on the residents unwillingness to accept a lien on their home, many elderly and very, very low income residents do not participate in the City's program. The program was designed to fill this gap for the basic home repairs without requiring a lien. Notwithstanding the fiscal responsibility to manage public money, the program was designed to cap the repairs at a cost of a $20,000 grant. The goal was to improve the housing stock as well as the health and safety of individual homes. The outcomes were to be twofold; increased pride in the community and maintaining the existing stock of affordable homes. (It is generally less costly to repair a home than build a new one in today's market.) The attached spreadsheet provides options for the Board's consideration. FISCAL IMPACT: None. RECOMMENDATIONS: Provide staff policy direction as to what option/options are desired. mcl� Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 01 08 CRA Board Meeting January\Residential Imprvmt Prgrm Options.doc .,JAN. 12008 9,57PM HEDRICK BROTHERS NO. 0620 P. 2 ■ S3 ■■■ ■ a HF. PUCK BROTHERS C b N 5 T R U C T 1 4 N Date: 01/03/03 To: Mr. Michael Simon Development Manager Boynton Beach CRA 915 South Federal Highway Boynton Beach, FL 33435 Re: Boynton Beach Residential Improvement Program HB Job # 07-548-01 CRA Work Order # 001.0 Dear Mr. Simon, BRINGING VISIONS To REAuTy ❑ ❑ ❑ Hedrick Brothers Construction Company, Inc. presents the following REVISED proposal in response to a continuing contract with the Boynton Beach Community Redevelopment Agency (CRA). The Renovation to take place under this proposal is limited to the following residences: 1) Aikens Residence, REG Project No. 07013-2.5 726 Northeast 1 e Street, Boynton Beach, FL 33435 We herewith propose to furnish all labor, material, and equipment necessary for the construction and permitting at the address referenced above for a budget not to exceed Twenty Thousand Dollars ($20,000.00). This proposal is based on the Specification Package prepared by REG Architecture for this residence dated October 20, 2007. AIKENS Dumping Fee/Storage Container $$5000 Remove EAsting Roofing Materials & Install New Shingle Roof $7,239.00 Remodel Restroom to ADA Standards for Handicapped Resident $6,525-26 Repair & Replace Damaged Soffit Material & Soffityents $539.76 Overhead & Profit (20%) $2,386.48 Permit Fee (3%) $357.97 Sub -Total $17,898A4 Contingency (Amount Remaining from Grant) $21101.56 Grand Total $20,000.00 2200 Centrepark vest Drive, Suite 100, Weal Palm Burch, FL 33404 Main 561-689-8880 Fein: 561.689-8860 ww& hedri"ro&w.com CGCO13137 ❑ Q ❑ ❑ ❑ ❑ 1:1 ❑ Page 1 JAN, 3. 2003 9:57PM HEDRICK BROTHERS NO, 0$20 P. 3 2) Darrisaw Residence, REG Project No. 07013-2.8 509 Northwest t 1 th Avenue, Boynton Beach, FL 33435 We herewith propose to furnish all labor, material, and equipment ❑❑C necessary for the construction and permitting at the address ■ referenced above for a budget not to exceed Twenty Thousand Dollars ($20,000.00). This proposal is based on the Specification Package prepared by RI=G Architecture for this residence dated October 20, 2007. DARRISAw dumping Fee/Storage Container $850.00 Replace Broken Pocket Door Hardware _ $259.08 Straighten Bent Garage Dow Tracks $93.98 Install Accordion Hurricane Shutters $7 620.00 Paint Extedor of House $2,052.32 Stucco Patch damaged Walls $708.66 Irrigation System Repairs $473.71 Remove Racist East Door & Replace Deteriorated Door $7452.00 Landscaping Material Allowance - $1,000.00 / Balance is for Labor $7 70 00 Overhead & Profit (20%) $2718 8S Permit Fee (30A) $332,83 _ _ Sub -Total $18,641,44 Contingency (Amount Remaining from Grant) $3,358.56 Grand Total $20,000.00 T-MMCK BROTHE U CONSTRUC oiq ❑ ❑ ❑ ❑ C) ❑ ❑ [ Page 2 ■ JAN, 3.2008 9.57PM HEDRICK BROTHERS NO. 0820 P. 4 3) Jerry Residence, REG Project No. 07013-2.6 423 Northwest 71h Avenue, Boynton Beach, FL 33435 We herewith propose to furnish all labor, material, and equipment ODE necessary for the construction and permitting at the address ■ referenced above for a budget not to exceed Twenty Thousand Dollars ($20,000.00). This proposal is based on the Specification Package prepared by REG Architecture for this residence dated October 20, 2007. JERRY Dumping Feel torage Container $850.00 Remove Front Entry Door Jamb & Side Light /Replace wl New to Hurricane Standards ___11,906.00 Repair/ Replace Missing Roof Shingles $381.00 Remove Door & Jamb from Garage to Exterior & Replace wl New to Hurricane Standards $2,388,87 Remove UsUng Door Bell & Replace wl New $176.5$ Install Accordion Hurricane Shutters $6,667.50 Overhead & Profit (20°x6) $1,947.86 Permit Fee (3%) $292,18 Sub -Total $14 60$.9+4 Contingency (Amount Remaining from Grant) $5,391.06 Grand Total $20,000.00 HEDRICK BROTHERS CONSTRUCTION ❑ ❑ ❑ ❑ ❑ ❑ ❑ [ ri_L JAN. 12008 9:58PM HEDRICK BROTHERS NO, 0820 P. 5 4) Jones Residence, REG Project No. 07013-2.1 557 Northwest 12th Avenue, Boynton Beach, FL 33435 We herewith propose to furnish all labor, material, and equipment ❑p� necessary for the construction and permitting at the address ■ referenced above for a budget not to exceed Twenty Thousand Dollars ($20,000.00). This proposal is based on the Specification Package prepared by REG Architecture for this residence dated October 20, 2007. JONES Dumping Fee/ Stara a Container _ $850.00 Remove Water Damaged Wood Soffit Material/ Add New Soffit Vents $2,458.72 Remove Existing Damaged Fascia Boards and Replace w/ New $1,264.92 Replace T-1 I I Siding at Gable End with Stucco $2,067.40 Remove Qdsfing Roofing Materials & Install New Roofing and Counter Flashing- $8,638-21 Remove Existing Drip Edgp & Replace w/ New $294.64 Allowance for the Replacement of Ten (10) Sheets of Plywood for Roof $401.32 Temporary Patch Drywall CeAing in Three (3) Areas $500.00 Overhead & Profd (20%) $2,577.20 Pen -nit Fee (3%) $386.58 Sub -Tota! $19 328.99 CogMency (Amount Remaining from Grant) $671.01 Gmnd Total $201000.00 El HEDRICK BROTHERS commcnON ❑ O p 11 El M E7 E Page 4■ s °a JAN. 3.2008 9:58PM HEDRICK BROTHERS 5) Mitchell Residence, REG Project No. 07013-2.2 416 Northwest 11th Avenue, Boynton Beach, Ft 33435 N0, 0820 P. 6 We herewith propose to furnish all labor, material, and equipment necessary for the construction and permitting at the address referenced above for a budget not to exceed Twenty Thousand Dollars ($20,000.00). This proposal is based on the Specification Package prepared by REG Architecture for this residence dated October 20, 2007. MITCHELL Dumping Fee/Storage Container $850.00 Remove Existing & Replace/ Repair Fascia Board _ $1,029.97 Remove Existing Damaged Wood Soffit & Replace w/ New $1,070.61 Remove Exieft Rooting Materials & Instail New Roof V10,652.76 Remove FXisting Entry Door and Jamb & Replace wl New to Hurricane Standards $1,727.20 Entry Door Hardware Allowance - $200.00 $254,00 Overhead & Profit (2016) $2.464.26 Permit Fee (3%) $368.14 Sub -Total $18,406.94 contingency (Amount Remaining from Grant) 11,593.06 Grand Total $20,000.00 HEDRICK BROTHERS CONSTRUCTION ❑ ❑ ❑ ❑ ❑ ❑ ❑ JAN. 3.2008 9,58PM HEDRICK BROTHERS 6) Shaw Residence, REG Project No. 07013-2.7 117 Northwest 41h Avenue, Boynton Beach, FL 33435 NO, 0820 P. 7 We herewith propose to furnish all labor, material, and equipment necessary for the construction and permitting of the address referenced above far a budget not to exceed Twenty Thousand Dollars ($20,000.00). This proposal is based on the Specification Package prepared by REG Architecture for this residence dated October 13, 2007. Dumping Fee/Ston3ge Container $850-00 Remove Front Entry Door, Jamb & Side Light/ Replace w/ New to Hurricane Standards $1,905 00 Repair Stucco Cracks and Seal Masonry - $580.39 Repaint Exterior of House and Utility Shed _ $3,83413 Remove Three (3) Exterior Entry Doors and Jambs & Replace w/ New to Hurricane Stds $5,665.47 Remove / Repair Damaged Fascia Boards & Replace w/ New $1,358.90 Repair & Replace Damaged Soffit Matedai & Soffit Vents $1,111.25 Landscaping Material Allowance - $750.00 / Balance is for Labor $952.50 Overhead & profit (20%) $2.580-26 Permit Fee (3%) $384.04 Sub Total $19,201.94 Contingency (Amount Remaining from Grant) $798-08 Grand Total $20,000.00 Iq HEDRICK nOxX-3IER S Cx)NST ucn0N 1:113 ❑ ❑ O ❑ ❑ C �L`012E'fl JAN. 3.2008 9:58PM HEDRICK BROTHERS 7) Sullivan Residence, REG Project No. 07013-2.3 201 Northeast Is' Street, Boynton Beach, FL 33435 NO, 0820 P. 8 We herewith propose to furnish all labor, mate(al, and equipment ❑DE necessary for the construction and permitting of the address referenced above for a budget not to exceed Twenty Thousand Dollars ($20,000.00). This proposal is based on the Specification Package prepared by REG Architecture for this residence dated October 20, 2007. SULLIVAN Dumping Fee/Stome Container $850.00 _ Repair & Replace Damaged Soffit Material & Soffit Vents $2.34.95 Remove Existing Exterior Door to Utility Room & Replace w/ New Door & Hardware $547.37 Remove E)dsting & Replace! Repair Fascia Board $657.86 Paint Exterior of House $3,717.29 Remove False Supports $444.50 Adiust Enter Door _ $105.41 ReMM-Exisfino Restroom Door & Replace w/ New $255.27 Paint Hallway, Living Room and Dining Room Ceilings I Prepare surfaces $1,049.02 Replace Damaged T-1 I I Siding at Front of House Roof Jo $127.00 Overhead & Profit (20°x) $1,268.06 Perm# Fee (3%) $188.71 Sub -Total $9,435.44 Contingency (Amount Remainini from Grant) $10,664.56 Grand Total .__._...,.$20,000.00 HEMUCX sRO-MERs CoNsTRUCMON ❑ ❑ ❑ ❑ ❑ ❑ ❑ C JAN. 3, 2008 9:58PM HEDRICK BROTHERS NO, 0820 P, 9 Our proposal is subject to certain exclusions and qualifications, which are attached for your reference. We look forward to being of service to you in the construction for this project, [DOE If we may be of further assistance, please let us know. 0 Sincerely, .teff Wade Project Manager HEDRICK BROTHERS CONSTRUCTION CO., INC. BY: Dale R Hedrick TITLE:. President DATE Print Name FL License Number CG -0013137 Signature ACCEPTED BY Boynton Beach Community Redevelopment Agency: BY: TITLE DATE Print Name Signature XMRICK BROTHERS coNSTRucrioN is ❑ ❑ ❑ ❑ ❑ ❑ E 0 Page 8 cl'o o3 c� c *< C: co 3 N O 3 O cu wp (.11 r) �O e 1 z(D �O D� wp (.11 r) �O 1 z(D �O D� c� � 0 O 0 O O 03 Q. a Q a.co "11::); c� ° o ul V p 0 o 0 0 O O 0 0 0 OO 0 O 40. ow ~ s: +4 .s lC) N ^C3 0 O .-� U bA O NO N O vi . + cd +, O c¢,d ;. � o a) bA a¢i o o ..a M do � � �, Q Ln Ga 0 c 0 c ow 0-4 C6 cn ocn o C4 G� a p p N O � `° 0 o � o p `� ^� 4-. � cd C � 0 O p to 0 Q. o U U �� vi UV, .� O N o N J.."" cd N v� 7� U cd Q. � • � U 0 'C b�A -+ O~ p U N bUA N �" O O O U °? U U �' U O 00 0 + ; U U ) to, GJ p O +�+ N U N U 4.. z 12. o � ¢. ¢ too �S '•., �y M et ,r, KJ n m a U 00 0 0 00 0 on .2 0 Im 00 O 0 N a W (D I Cu I * rD ,ar uj W il / � � .a. ,� . � .. 2��.� \ pp:<« y©�- � \ � � \< 6 w» \ }«: dz �. \ � \� ,»: . � � _ � � � ® � :;� »«� °� �� , � \ d� :� 1, 6� � m � � . .x . >:. .� � y� % \\� ��/»��\\�. . .� � � � ! � � � � : : � � � � � . /��//� ��. : ��. . \► � ^ \/` � \ $ © : ��. . \► � ^ \/` \�� Will . l 4 . ., SS. ork Order #1.2 isn Avenue locuments 4 i 3i s',' f N 7 � A y r 0P � 7 f {,, � j f , f f (ft �f } 4 a i 3 q -" "+ SS. ork Order #1.2 isn Avenue locuments r �YNT A East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 8, 2008 L I w,onsent Agenaa I I Old Business IX I New Business I I Public Hearing SUBJECT: Consideration of Work Order #1.2 with REG Other SUMMARY: At the December 2007 Board meeting, the Board directed staff to move forward with Option 2 to renovate 211 E. Ocean Avenue. Accordingly, attached please find Work Order #1.2 from REG for the creation of construction drawings and assistance with the State of Florida historic grant. The total amount for these services is $55,000. FISCAL IMPACT: Funds will come from line item 51440/200. RECOMMENDATIONS: Provide staff with direction to move forward with the execution of Work Order #1.2 with REG. Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 01 08 CRA Board Meeting January\Work order #1.2 REG.doc REG ARCHITECTS, I,NC.r y ARCHITECTURE * INTERIOR DESIGN * PLANNING January 2, 2007 Ms. Vivian Brooks CRA Planning Director Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FL 33435 Re: Work Order #1.2 REG Job #07013.1 CRA Office Design: 211 Ocean Ave., Boynton Beach, FL Dear Ms. Brooks: REG Architects, Inc. is pleased to submit this outline proposal to assist you with preparing the design and construction documents for 211 Ocean Blvd. The scope of work to convert the existing home into the office headquarters for Boynton Beach CRA shall be as follows: Basic Fee: A. Provide Construction Documents which include Basic Architectural Services plus normal mechanical, electrical, plumbing, structural and fire protection for these construction permits. Documents will include the complete interior renovation of the historic +/- 2100 SF 2 story house into an office building (in accordance with the 2004 FBC). The demolition of the existing 1 story +/- 300 SF non -historic addition plus the addition of a new porch with ADA ramp, and to incorporate a new 1 story building addition of +/- 1000 SE Architectural site plan will include an updated parking, landscape and irrigation system in accordance with City requirements/code compliance. $50,000.00 B. Assist in preparing and presenting the proposal to the State of Florida for grant assistance on this project. $ 5,000.00 Total for this Task 1.2: $55,000.00 Notes: Basis compensation shall be adjusted if Scope of Work or budget for the project increases a significant amount to equal 8% of final building construction costs. Payments will be invoiced at progress completion and expected payment within 30 days of invoices approval. 307 Evernia St., Ste',4-0'Q Wes-t!'.Palm Beach, FL 33401 Phone: (561) 459-24''$.A Fajx: (561) 659-5546 www.rega r AA 0002447 EST. 1988 Boynton Beach CRA 211 Ocean Blvd. #07013.1 January 2, 2007 Exclusions: • We have not included cost for possible items that may be noted or found in an environmental study or structural modifications to the building that maybe required/discovered during demolition. • We did not include cost for design of site lighting and exterior or interior photometrics. • We did not include cost for any work located outside of the property line. • We did not include cost for the design of an elevator for this project. • No bid negotiation, evaluation of bids or Construction Administration are included for this scope of work. They can be provided on an hourly basis as shown on the attached hourly rate sheet. • Interior Design Services • "Florida" Green Building Certification If this is acceptable to you, please sign below and return to our office and so we can schedule the assignment. Thank you for the work opportunity! Very truly yours, REG Architects, Inc. Rick Gonzalez, AIA President Accepted this of '2007. Name: Authorized Boynton Beach CRA Representative cc: Colin Price, Vice President/ REG Al Phillips/ REG Accounting 307 Evernia St., Ste 4.0, Wesi-Palm Beach, FL 33401 Phone: (561) 659-24 3 Falx: (561) 659-5546 www regarch T,,cb"m r AA 0002447 i EST. 1988 REG ARCHITECTS, INC. ARCH I T E C T U R * I NTEIRICIR DISI GN * PLANNING HOURLY RATE SHEET SUBJECT: HOURLY RAFTS FOR PROI'1?SSIONAL SERVICES AS MAY BE REQUIRED FROM: RICK GONZAL,I Z, AIA, PRESIDENT. REE. ARCHITECTS, INC. DATE: December 2007 A. HOURLY RATES: Hourly rates for professional services shall be as follows: lsxpert Witness $300.00 President & V.P, $225.00 Registered Architects $175.00 Project Managers $150.00 Interior Design. Principal $150.00 Staff Interior Designers $12.5.00 COnStrllC;tion Administration $100.00 CADD Production $ $5.00 Support Staff $ 65.00 B. FIXED FEE RATES: Can be quoted when projects scope and budget are clearly defined and finalized. 120 SoatIt L)ixic 1-4 ighway S'tc, .201 West Pal Reach, L'1, 33,101 Phnnc: (5(i1) 659-23.33 Fax (561) 659-5546 AA 0002447 I S I" 1 1) Ilm ON 30-YNIP A CRA ,*3 East Side—West SideNSeaside Renaissance CRA BOARD MEETING OF: January 8, 2008 t-onsent Agenda I I Old Business I X New Business I I Public Hearin Other SUBJECT: Consideration of Options for the Pressure Cleaning of the Sidewalks along Ocean Avenue. SUMMARY: At the CRA Board meeting held December 11, 2007, staff presented a Work Order proposal from Burkhardt Construction, Inc. for the pressure cleaning of 45,000sgft of sidewalks along Ocean Avenue. The Board voted to Table the item and requested staff investigate further options. Scott Blaise, Code Enforcement Supervisor, informed CRA staff that the City does not have in place a requirement for the scheduled or periodic cleaning of the sidewalk enforceable to "sidewalk cafes". However, under City Code Chapter 10, Section 10-2, the city requires a property owner to maintain the public right-of-way to the center line of the street abutting their property. This includes but is not limited to sidewalks and swale areas abutting one's property. Under the code, a Code Enforcement Officer would address the "unsightly" sidewalk only when it was determined that the condition of the sidewalk posed a health and safety concern due to its condition. The issue of the sidewalk being "aesthetically pleasing" or "dirty" is not specified in the code. Glenda Hall, Forestry, Grounds and Streets Supervisor, was contacted by staff regarding possible continuing or open vendor contracts within the City for pressure cleaning services. Ms. Hall said that the City has an open Purchase Order for paver brick sidewalk repairs and pressure cleaning through the City of Boca Raton that can be "piggybacked" on by the City for these services. Attached is a memo to the CRA Executive Director outlining the City of Delray Beach's policies as it relates to their sidewalk cafd program and maintenance. FISCAL IMPACT: None RECOMMENDATIONS: Direct Staff Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 01 08 CRA Board Meeting January\siedwalk pressure cleaning options.doc Boynton Beach Community Redevelopment Agency MEMO Date: December 30, 2007 To: Lisa Bright, CRA Executive Director From: Michael Simon, CRA Development Manager Re: Ocean Avenue Sidewalk Pressure Cleaning As directed by our Board at the meeting held December 11, 2007, I contacted Richard Bauer, Code Enforcement Administrator for the City of Delray Beach, regarding sidewalk maintenance along Atlantic Avenue. Mr. Bauer stated that the individual restaurant/sidewalk cafd owner was solely responsible for the cleaning of the sidewalk area from the edge of the building storefront all the way out to the curb edge. Enforcement of this policy is conducted by the Code Enforcement Division of the Community Improvement Department by an officer assigned to that Atlantic Avenue area. The officer is also responsible for enforcing the proper seat/table counts and approved distances from the curb. Mr. Bauer went on to say that the City of Delray also has a sanitation officer assigned to deal with issues of proper waste disposal and enforcement. In addition, the City of Delray operates a "Clean & Safe" program within the Atlantic Avenue corridor. With regard to areas of the sidewalk not utilized by a restaurant/sidewalk cafd, the City of Delray maintains the cleanliness levels through periodic pressure cleaning by an outside vendor. If you have any questions or concerns, please let me know and I will address them accordingly. Meeting Minutes Community Redevelopment Agency Boynton Beach, FL December 11, 2007 Vice Chair Rodriguez questioned the excessive costs for a washer and dryer, $2,300, in the Jerry and Sullivan residences. Other board concerns related to the replacement of a door from the garage to the exterior in the Jerry residence, $2,388. Jeff Wade, Project Manager for Hedrick Brothers Construction, was accompanied by his assistant, Ashley Griffith. Mr. Wade set forth expenses associated with the washers and dryers and suggested changing the specifications in order to reduce costs. Lisa Bright, Executive Director, pointed out the program was a prototype for the CRA that was a directive under the former CRA board. One of their challenges was to partner with the City to rehabilitate the homes which the previous board believed would be less costly than building a new home. She suggested the current board might wish to direct staff to change their program to include only roofs or other specifics, and to let the City handle the complete home rehabilitations. At the request of the board, Mr. Wade explained the difference in costs for the door replacements in the Darrisaw residence, $762, and the Jerry residence, $2,388. A specification book was issued by REG Architects that set forth the type of doors to be installed at these homes. He noted costs for impact -rated doors would be more costly. The existing roofs would be matched. The board did not believe sufficient information was provided in the backup material. Ms. Bright noted the homeowners could sell the homes almost immediately after the improvements had been made. The board was not in favor of this practice and believed it should be changed. Motion Vice Chair Rodriguez moved to table this item for further consideration. Mr. Weiland seconded the motion that passed unanimously. L. Approval of Burkhardt Work Order No. 3 for Pressure Cleaning of Ocean Avenue Chair Taylor noted a word was omitted after the word "completed" from the last sentence in the summary section of the staff report. The sentence would then read as follows: 'The scope of work will include the initial pressure cleaning treatment with a second maintenance cleaning to be completed six months later." Board discussion ensued, and it was agreed the sidewalks along Ocean Avenue were in need of pressure cleaning. Also discussed was the fiscal responsibility of merchants along Ocean Avenue, especially proprietors of outdoor cafes such as Hurricane Alley. 1.1 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL December 11, 2007 Several options were addressed to fund the costs including the use of seat tax funds through the City for venues having outdoor cafe permits, determining whether the City had the capability of providing this service, piggybacking on a Boca Raton contract, and consulting with the City of Delray Beach to determine the manner in which they handled issues of this nature. It was suggested this item be tabled in order to investigate the possible alternatives. Motion Mr. Weiland moved to table until the next board meeting. Mr. Hay seconded the motion that passed unanimously. VII. Public Comments: Gertrude Sullivan, 201 NE 6th Avenue, inquired whether trees or other foliage would be planted along Seacrest Boulevard and the vacant space on Martin Luther King, Jr. (MLK) Boulevard. The board advised drawings had been completed pertaining to the landscape design of Seacrest Boulevard. Phase 1 of MLK would be developed following finalization of the development agreement with the Auburn Group. The board pointed out trees had been planted on MLK on numerous occasions over the past ten years, and the City had expended an additional $30,000 to clear debris in the area. Dr. Martha Meekslight, requested the vacant area near 10th Avenue and Seacrest be cleaned up and trash cans installed. She also expressed concerns with the bathrooms at Sara Sims Park and lack of pavilions for seating. Peggy Miller, 9945 Lake Worth Road, Lake Worth, of SunTrust Mortgage, thanked the board on behalf of client, Latoya McCormick, for approving her application for funding. Ms. Miller also commended Ms. Brooks and Mr. Simon for their dedication and good work. Kim and Chris Wiley, 146 application for funding from Boynton Beach Firefighter. homeownership possible. SW 8th Ave., thanked the the Homebuyers Assistance They also thanked the board for approving their Program. Mr. Wiley is a CRA board for making Lauren Godden 401 N. Dixie Highway (work address) thanked the board for the support provided by the Homebuyers Assistance Program. No one else having come forward, Chair Taylor closed the public comments. 7 Section 17. IMMM cafd. A. DEFINITIONS. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning. Permittee shall mean the lawful holder of a cafe permit obtained pursuant to the terms and provisions of this article. Right-of-way shall mean land in which the state, the Florida Department of Transportation, Palm Beach County or the City of Boynton Beach owns or has an agreement devoted to or required for use as a transportation facility or street. shall mean that portion of the right-of-way which is located between the curbline or the lateral line of a street and adjacent property line and which is intended for use by pedestrians. cafe shall mean the placin , locator' , or permitting of the placing and locating of chairs and tables within thearea adjacent to a business licensed to operate as a restaurant or a nightclub as defined in the Code. Street means that portion of a right-of-way improved, designed or ordinarily used for vehicular traffic or parking. B. PERMIT REQUIRED. It shall be unlawful for any person to operate a cafd abutting any or public fight -of -way within the city without obtaining a permit as required by this article. cafds shall be located only where permissible as prescribed herein. No person shall establish acafd abutting any unless such person has obtained a valid permit for cafd pursuant to this article. Thi (30) days from the effective date of this article, any person or entity operating a 0cafd without a permit or any property owner allowing the operation of a cafd without a permit upon his/her/its property shall be subject to penalties as provided in this article. C. GEOGRAPHIC LIMITATION. ® cafds shall be limited to the boundaries of Community Redevelopment Area zoning districts which allow restaurants or nightclubs, subject to any limitations or restrictions of the particular zoning district. D. PERMIT FEE. 1. The annual permit fee for establishing or maintaining a cafd shall be $3.75 per seat with a minimum charge of $93.00. 2. The permit fee shall be paid on or before October 1 st and shall cover the time period from October 1 st through September 30th of the following calendar year, provided, however, that for the 2001-2002 year; the fee shall be due and payable on or prior to operation and prorated for the year. No permit shall be issued for any fractional portion of the year; provided, however, that any person or entity operating a cafe for a period beginning after April 1 st, may obtain a permit for the remaining portion of the fiscal year upon payment of one-half of the permit fee required by this article. No refund of fees shall be allowed. 3. The permit fees collected pursuant to this section from in the City of Boynton Beach shall be placed in the general revenue fund, cafes located E. PERMIT APPLICATION. 1. Application for a permit to operate a ® cafd shall be made at the Department of Development Office of Business Tax Receipts. Such application shall include: a. Name, address and telephone number of the applicant. b. Name and address of restaurant/night club. c. A copy of a valid City of Boynton Beach business tax receipt to operate a restaurant or a nightclub adjacent to the which is the subject of the application. d. In the case of a new or newly renovated facility, a c2oLy of a valid certificate of completion for the building frontage adjacent to the M which is the subject of the application. e. Evidence of insurance containing terms required under section G. of this article. f. A drawing to scale showing the layout and dimensions of the existing area and adjacent private property, proposed location, size and number of tables, chairs, steps, trees, arlcin meters, bus shelters, benches, trash receptacles, and any other obstruction either existing or proposed within the pedestrian area. g. Photographs, drawings or manufacturer's brochures fully describing the aDDearance of all proposed tables, chairs, umbrellas or other objects related to the cafd. h. Written approval by the building owner as to the proposed use of the and building frontage for a cafe. A nonrefundable application fee of forty dollars ($40.00). 2. Applications shall be reviewed for compliance with city ordinances and must be approved by the CRA Board. Final approval shall be from the City Commission. F. REQUIREMENTS OF A CAFE PERMIT. I . cafes shall be restricted to the private ® frontage of the licensed restaurant or nightclub to which the permit is issued or within the private ® located. frontage of the building where the validly licensed restaurant or nightclub are 2. Tables or chairs shall be located a minimum of five (5) feet from a pedestrian crosswalk or handicap ramp, bus stop shelter, bus stop sign, taxi stand, stop sign or fire - hydrant. 3. A clear pathway, parallel with the street, with a minimum width of four (4) feet, shall be maintained for through pedestrian traffic. This requirement must be consistent with the Landscape Code. 4. In areas of congested pedestrian activity, the City Commission is authorized to require a wider pedestrian path, as circumstances dictate. 5. Temporary objects, including landscaping, shall be permitted around the perimeter of an area occupied by tables and chairs in accordance with all other requirements of this section. 6. Tables, chairs, umbrellas, canopies, awnings, and any other objects utilized as partof the ® cafd shall be of quality design, materials, size, elevation and workmanship both to ensure the safety and convenience of users, and to enhance the visual quality of the urban environment. Design, materials and colors shall be approved by the CRA Board and City Commission prior to the issuance of the cafd permit. 7. Awnings, umbrellas and other decorative material shall be fire -retardant, pressure treated or manufactured, or fire resistant material. Signs on awnings, umbrellas, chairs, tables and any other fixtures which are placed on the public right-of-way shall be limited to the name of the principal use. Lettering may not exceed four (4) inches in height. 8. All tables, chairs, umbrellas, canopies, awnings, and any other objects as part of the cafd shall meet the following minimum design standards: a. Contribute to the aesthetic appearance of the area where the cafe is proposed by promoting the design and color theme applicable to that area; b. Contribute to the efforts of community identity and redevelopment; c. Not constitute or create traffic or pedestrian hazards; and d. Respect Community standards relative to decency and obscenity. 9. Prior to forwarding the application to the CRA Board, the CRA Director or designee shall certify that there are no outstanding fines, moneys, fees, taxes or other charges owed to the City by the current or ast owners or operators of the property requesting a cafe permit. A cafe permit will not be issued until all outstanding debts to the city are paid in full. 10. One (1) menu board only shall be permitted and limited to a maximum of four (4) square feet. The menu board location shall be shown on the permit. The menu board shall not be a sandwich sign. 11. Any food service establishment that qualifies under the conditions of this article may redesign the face of their establishment to allow for doors or panels that permit the establishment to have totally open sides allowing for an indoor/outdoor "cafe" design. These changes in the building can only be made after a proper building permit is issued, said changes otherwise comply with this Code, and all appropriate fees paid. G. LIABILITY AND INSURANCE. 1. The permittee agrees to indemnify, defend, save and hold harmless the city, its officers and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out of this permit, or the permittee's activity on the premises by executing a written hold harmless agreement. 2. The permittee agrees to meet and maintain for the entire permit period, at his/her own expense, the following requirements: a. Commercial general liability insurance in the amount of one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage. The city must be named as an additional insured on this policy, and an endorsement must be issued as part of the policy reflecting this requirement. b. Worker's compensation and employer's liability as required by the state. c. All policies must be issued by companies authorized to do business in the state and rated B+: VI or better per Best's Key Rating Guide, latest edition. d. The city must receive thirty (30) days written notice prior to any cancellation, nonrenewal or material change in the coverage provided. e. The permittee must include in the application an original certificate of insurance as evidence that the above requirements have been met. Failure to maintain these requirements shall justify a suspension or revocation of a cafd permit by the city manager. 3. The permit period shall run and insurance requirements as described in subsection b. above shall be effective from October 1 st until September 30th of the following calendar year. H. CAFE PERMITS. 1. Each permit shall be effective for one (1) year from October 1 st until September 30th, subject to annual renewal. 2. The permit may be temporarily suspended by the City, when necessary to clear ® areas for a "community or special event" authorized by a permit issued by the Leisure Services department. 3. The City may require the temporary removal of cafds when street, , or utility repairs necessitate such action. 4. The City and/or an authorized police officer of the City may cause the immediate removal or relocation of all or parts of the cafd in emergency situations. 5. The City and its officers and employees shall not be responsible for cafd components relocated during emergencies. 6. The permit shall be specifically limited to the area shown on the "exhibit" attached to and made a part of the permit. The City shall have the right to remove without notice, any tables, chairs or other objects not in the permit area. 7. The permittee shall act to assure that its use of the in no way interferes with users or limits their free unobstructed passage. The City may require relocation of tables, chairs and other objects at any time for safety or pedestrian flow consideration. 8. The cafd shall be open for use by the general public, although such use may be restricted by the permittee to the patrons of the permittee. 9. Permittees holding a business tax receipt or certificate of use limited to take- out food shall not be permitted to provide table service on the . This provision shall not include an ice cream shop or coffee bar which is duly licensed for eat -in service. 10. Tables, chairs, umbrellas, and any other objects permitted as part of a cafd shall be maintained with a clean and attractive appearance and shall be in good repair at all times. 11. The area covered by the permit and and roadway immediately adjacent to it shall be maintained in a neat and orderly appearance at all times, and the area shall be cleared of all debris as needed during the day, and again at the close of each business day. 12. No signs other than those permitted herein shall be permitted in the public right-of-way. 13. No tables, chairs or any other parts of ® cafes shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixture, curb or within or near the permitted area. No additional outdoor seating authorized herein shall be used for calculating seating requirements.pertaining to location of, applications for, or issuance of li uor license for any establishment use area and/or seating capacity realized through the cafd use and contiguous outdoor dining shall not invoke provisions of the zoning code as they pertain to parking or other matters, with the exception of capital facilities fees which will be assessed per seating. 14. The area between the exterior walls of a restaurant or a nightclub and the edge of ® shall be designated as public space. The placement of tables and chairs in this public space shall not constitute a building improvement which otherwise triggers structural improvements to the operating business under the provisions of the Southern Building Code or any state statute. In the event an operator of a restaurant or a night club creates a ® cafe pursuant to the terms of this section and such creation entails actual structural improvements to any portion of the structure other than the permanently obstructed ingress or egress to the restaurant or nightclub then, in that event, all applicable provisions of the Southern Building Code or state statutes necessitating improvements to the property shall apply. 15. No food preparation fire, or fire apparatus, shall be allowed on the public other than that employed in the course of ordinary tableside service, including but not limited to menu items which require table preparation, whether or not such area is covered by this permit. 16. Upon the issuance of a "Hurricane Warning" or "Hurricane Watch" by the authorities, the permittee shall forthwith remove and place indoors all tables, chairs, awnings and other equipment located on the I. APPROVAL, DENIAL, REVOCATION OR SUSPENSION OF PERMIT; REMOVAL AND STORAGE FEES; EMERGENCIES. I • cafe applications shall be reviewed with standards enumerated in this article. 2. The approval of a ® cafd permit is conditional at all times. A cafd permit can be denied, revoked or suspended if. cancelled. a. Any necessary business or health permit has been suspended, revoked or b. Any current violation of the City Code, County Code or State Law on the premises has been found. c. The permittee exceeds the approved square footage by placing any additional tables, chairs, etc., beyond the approved area. d. Changing conditions of pedestrian or vehicular traffic causes congestion necessitating removal of the ® cafd. Such decisions shall be based upon findings of the City CRA director that the minimum four -foot pedestrian path is insufficient under existing circumstances and represents a danger to the health, safety or general welfare of pedestrians or vehicular traffic. e. The permittee has failed to correct any violations of this article or conditions of the permit within twenty-four (24) hours of receipt of the City notice of same delivered in writing to the permittee. f. In the ethe ermittee fails to remove any tables, chairs, and other vent objects related to the cafd within twenty-four (24) hours of receipt of the City notice of the denial, revocation or suspensions, the City may remove said objects. The permittee shall be responsible for the expenses incurred by the City for the removal and storage of said objects. 2. Upon approval or denial of the permit, the City shall give written notice of such action to the permittee. 3. Approval or denial of the permit by the CRA shall be placed on the next City Commission consent agenda for review. 4. Revocation or suspension shall be placed on the next CRA agenda and its decision placed on the next City Commission consent agenda for review. 5. If the CRA director believes that a permittee has engaged or is engaged in conduct warranting the suspension or revocation of the permit, he shall serve the permittee by certified mail or hand delivery, at the business address as disclosed in the application for the permit, a written notice of ordinance violation which affords reasonable notice of facts or conduct which warrant the intended action, and a reasonable time for the permittee to cure the violation. The complaint shall state what is required to be done to eliminate the violation, if any. The permittee shall be given adequate opportunity to request a review as provided herein, unless the city manager finds that an emergency condition exists involving serious danger to the public health, safety and welfare, in which case advance notice and hearing shall not be required. In the case of an emergency suspension or revocation, the licensee shall immediately be advised of the city manager's action. In the event the permittee does not cure the violation within the reasonable time designated by the city manager, the case shall be placed on the CRA Board agenda. Final decision of the CRA Board shall be placed on the next City Commission agenda for review. In emergency suspension or revocation, a review as provided herein shall follow as soon as practicable. 6. Appellate provisions: Any aggrieved party may appeal a final decision of the City Commission under this chapter by writ of certiorari as provided in the Land Development Regulations Chapter 1, Article 7, Section 4. J. PENALTIES. The following civil fines shall be imposed for violators of this article: First citation $100.00 Second citation (within a I -year period) 250.00 Third citation (within a 1 -year period) 500.00 K. RECOVERY OF UNPAID FINES; UNPAID FINES TO CONSTITUTE LIEN; FORECLOSURE. 1. The Code Compliance Board shall have the power and jurisdiction to hold hearing for recovery of unpaid fees under this chapter as mandated under Article 5 of Chapter 2 of this Code. The Board at its option may impose liens as provided in Article 5 of Chapter 2. 2. The City of Boynton Beach may institute proceedings in a court of competent jurisdiction to compel payment of civil fines. L. APPLICATION. In the event of any conflict between the provisions of this chapter and any other sections of the Code, the provisions of this chapter shall prevail. (Ord. No. 01-16, § 4, 3-20-01; Ord. No. 06-096, § 2, 1-2-07) JJYNTO A East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 8, 2008 Consent Agenda I I Old Business IX I New Business I I Public Hearing I I Other SUBJECT: Consideration of Amending the DIFA with Cornerstone to Allow for 140% of AMI Qualified Buyers SUMMARY: The CRA entered into a Direct Incentive Funding Agreement (DIFA) with Boynton Village/The Cornerstone Group in December 2006 whereby Cornerstone agreed to create 50 affordable units in the 180 unit development in exchange for 50% of the TIF generated by the completed project. Cornerstone applied to the State for Community Workforce Housing Innovation Program (CWHIP) funds for The Preserve. They have been notified that they have been awarded an allocation of CWHIP funds. Cornerstone will use these funds to provide down payment assistance to buyers. However, the CWHIP program allows up to 140% of median household incomes and the DIFA allows up to 120%. Therefore, Cornerstone is requesting an amendment to the DIFA to allow incomes up to 140% of MHI for purchasers of the affordable units. The agreement will bridge a larger gap allowing homeownership for individuals just outside the current range. The attached amendment to the DIFA has been reviewed and approved by CRA counsel. FISCAL IMPACT: None RECOMMENDATION: Board approval of the attached amendment is an excellent opportunity to leverage state and local funds to create workforce units within Boynton Beach. Vivian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 01 08 CRA Board Meeting January\Preserve DIFA Amend.doc AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT DATED DECEMBER 19, 2006 Between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY And BOYNTON VILLAGE, LLC The Direct Incentive Funding Agreement executed on December 19, 2006 between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY and BOYNTON VILLAGE, LLC is amended as follows: 8.5. Notices and other Communications. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project, each such notice, demand, request, consent, approval or other communication (referred to in this Section 9.4 as a "Notice") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or (iii) a recognized national courier service, addressed as follows: If to Boynton Village: Boynton Village, LLC c/o Cornerstone Group Development, LLC Attention: Leon Wolfe 2121 Ponce de Leon Boulevard, PH Coral Gables, Florida 33134 With Copies to: Michael Weiner, Esq. Weiner & Aronson, P.A. 102 North Swinton Avenue Delray Beach, Florida 33444 If to CRA: Boynton Beach Community Redevelopment Agency Lisa Bright, Executive Director 915 South Federal Highway Boynton Beach, Florida 33435 With Copies to: Donald J. Doody, Esq. Goren, Cherof, Doody & Ezrol 3099 E. Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 TADEVELOPMENT\The Preserve - Comerstone\Preserve DIFA\Amend to DIFA.doc 5.1.2. Developer agrees to reduce the price of the fifty (50) units designated as Affordable Access Units by Sixty Thousand and No/100 Dollars ($60,000.00) for the Cypress Model, Fifty Thousand and No/100 Dollars ($50,000.00) for the Palm Model, and Forty Thousand Dollars ($40,000.00) for the Banyan and Hibiscus Models (see attached Price List marked as Exhibit "C" which is attached hereto and made a part hereof) to buyers whose income does not exceed 140% of Median Household Income ("MHI") for Palm Beach County as set by the United States Housing and Urban Development ("HUD") for the year in which the units are sold. Proof of income qualification for the Affordable Access Units shall be provided to the CRA prior to any disbursement of Pledged Project Increment Revenue. Examples of acceptable forms of proof include HUD closing statements executed by the buyer and seller; copies of two years of tax returns; and/or paycheck stubs for all adults in the buyer's family for the two weeks prior to closing including proof of family size. 5.1.3. Qualifications for buyers of the Affordable Access Units and related re -sale requirements and restrictions shall be found in Exhibit "D" attached hereto and made a part hereof (the CRA Homebuyer Assistance Program Guidelines 2006/2007). However, for purposes of this Agreement, Median Household Income for the Homebuyer Assistance Program shall not exceed 140%. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. SIGNATURES ON FOLLOWING PAGE TADEVELOPMENTMe Preserve - Cornerstone\Preserve DIFA\Amend to DIFA.doc 2 WITNESSES BOYNTON VILLAGE, LLC Print name: Print name: Print name: Title: Date: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 1-10 Print name: Print name: Date: Print name: Title: Chairperson TADEVELOPMENT\The Preserve - Cornerstone\Preserve DIFA\Amend to DIFA.doc STATE OF FLORIDA COUNTY OF PALM BEACH SS: BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of for the use and purposes mentioned herein and that the instrument is the act and deed of . He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the _State and County aforesaid on this day of 2008. Notary Public, State of Florida at Large My Commission Expires: STATE OF FLORIDA COUNTY OF PALM BEACH SS: BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2008. Notary Public, State of Florida at Large My Commission Expires: TADEVELOPMEN=he Preserve - Comerstone\Preserve DIFA\Amend to DIFA.doc 4 X. NEW IBUSINESS: Onsliderati n of Severance Authority by Executive Director m tti tr r yANIP CRiA- East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: January 8, 2008 Consent Agenda I I Old Business I X I New Business 1 1 Public Bearing I I Other SUBJECT: Consideration of Severance Authority SUMMARY: It was requested that an agenda item be included clarifying severance authority. The City Manager provided the attached documents which are boiler plates containing the conditions of City employee appointment and language for unilateral separation. The attached contains standardized language that can be applied to all current and future CRA employees if the Board desires. The policies contain similar provisions to those executed by the CRA in the past; however, since it was requested this agenda item be brought to the current CRA Board, staff is seeking guidance. FISCAL IMPACT: N/A RECOMMENDATIONS: Provide direction to staff. La.L�o Susan Harris Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 01 08 CRA Board Meeting January\Severance Authority.doc LETTER OF APPOINTMENT (Date) Dear I am pleased to offer you an appointment to the position of for the City of Boynton Beach. By accepting this position you are representing to the City that you have reviewed the job description for the position and that you possess the professional expertise and experience to perform the services to be provided by you pursuant to the terms of this appointment. The position of is a contractual, specialized professional position subject to appointment by the City Manager. The provisions of the City's Personnel Policy Manual (PPM), as amended from time to time, are applicable to you, except as listed below. The following Chapters of the PPM have no application to you: Chapter II Employment. Chapter III Compensation. Chapter III Compensation. Chapter III Compensation. Chapter III Compensation. Chapter IV Benefits Chapter VI Discipline. Chapter VI Discipline. Chapter VII Resignation Chapter VII Resignation 02. Recruitment and Selection 02. Overtime 03 Callback and On Call 04. Compensatory Time 06. Incentive Pay System 02. Vacation Leave 01. Disciplinary Actions 02. Formal Grievances 01. Termination Pay 02. Lay -Off If you accept this appointment you will be an "at will" employee of the City and you have no vested right or property right in your position. You acknowledge that there has been no representation or promise, expressed or implied fixing the term of your appointment. The job description for is attached as Exhibit "A", and you agree to provide the City with the services included in that job description. Except as otherwise expressly provided by this Appointment, as you shall at all times: a. Devote all your time, attention, knowledge, and skill solely and exclusively to the business and interests of the City during normal CADocuments and Settings\harrissu\Local Settings\Temporary Internet Files\OLK81\FORM APPOINTEMENT LETTER (new) (3).doc Base document revised 020706 working hours and at City related events after normal business hours. b. Perform your duties and obligations faithfully, industriously, and to the best of your ability. C. Not engage in conflicting outside employment except with prior written authorization of the City Manager or his designee. d. Keep the City Manager or his designee fully informed in advance of all travel and activities that take you out of the office for more than a day at a time. All travel must receive prior written approval of the City Manager or his designee. A performance evaluation will be conducted by April 1St of each year. In addition, a mid- term evaluation will be conducted by November I St of each year. The City Manager or his designee will periodically review and evaluate your performance. The review and evaluation shall be in accordance with performance criteria developed by the City Manager or his designee. The criteria may be added to or deleted from as the City Manager or his designee may from time to time determine, except that you shall not be evaluated for tasks if no performance criteria have been established. Further, the City Manager or his designee shall provide to you a summary written statement of the evaluation and provide an adequate opportunity for you to discuss your evaluation with the City Manager or his designee. Periodically, you will meet with the City Manager or his designee and define such goals and performance objectives that are determined necessary in attainment of the objectives and shall further establish a relative priority among those various goals and objectives, which shall be reduced to writing. Such goals and objectives shall be generally attainable within the time limitations as specified in the annual operating and capital budgets and appropriations provided by the City. Compensation reviews are not subject to any specific formula applicable to other City personnel. Wage adjustments shall be at the sole discretion of the City Manager or his designee and are subject to the appropriation of funds by the City Commission. The effective date of your appointment is Your compensation and other monetary benefits are as follows: a. You shall receive an annual salary of DOLLARS ($ ), payable in equal installments paid at the same intervals as the City's management personnel are paid. CADocuments and Settings\harrissu\Local Settings\Temporary Internet Files\OLK81\FORM APPOINTEMENT LETTER (new) (3).doc Base document revised 020706 b. The City shall pay or reimburse you consistent with reimbursement policies for City managerial employees. c. You shall receive the same Health Insurance benefit provided to non-union City employees, pursuant to the provisions of the Personnel Policy Manual, as amended from time to time. d. You shall receive the Management Incentive Package, which currently consists: (1) 4 additional vacation days each fiscal year. Exempt employees who have less than one full year of service at the time the days are credited will receive a pro -rated number of hours based on their actual full months of service. (2) Additional term life/accidental death and dismemberment insurance of $50,000.00. (3) Sick Leave Conversion Formula — If an employee has more than 240 hours of sick leave as of October 1St each year, the employee can convert up to 100 of those hours to cash at 50% of the then current hourly rate (less applicable taxes), provided that sick leave bank does not drop below 140 hours. (4) Cash conversion of vacation leave for 40 or 80 hours of vacation time, in lieu of taking the time off. Employee must have a minimum of 120 hours remaining in account after cash out. (5) Sick leave pay out upon resignation or retirement for any length of service shall be paid at the rate of one-half total number of sick hours accumulated. Any revisions to the Management Incentive Package in the future will automatically be incorporated into this Agreement and need not be subject to a future addendum. e. You shall receive the same benefit Disability Insurance provided to non-union City employees pursuant to the provisions of the Personnel Policy Manual, as amended from time to time. f. You shall enjoy all benefits provided under the General Employee Pension Plan. You shall receive the same Retirement System benefit provided to non-union employees pursuant to the provisions of the Personnel Policy Manual, as amended from time to time. g. You shall be entitled to observe the same paid legal holidays as managerial employees pursuant to the provisions of the Personnel Policy Manual, as amended from time to time. h. You will be entitled to observe the same vacation accrual as managerial employees hired prior to 10/01 /91. CADocuments and Settings\harrissu\Local Settings\Temporary Internet Files\OLK8 I \FORM APPOINTEMENT LETTER (new) (3).doc Base document revised 020706 i. You shall accumulate sick leave as provided under the rules and regulations for other managerial employees of the City, including pay -out for unused sick leave on termination based on the standard for employees of the City pursuant to the provisions of the Personnel Policy Manual, as amended from time to time. j. You shall receive any market adjustment to your base wage in the same percentage amount that is being provided to non -contract employees for fiscal year 2007/08. The effective date of this adjustment shall coincide with the effective date of the adjustment for non -contract employees. You will not be eligible for any future adjustments beyond fiscal year 2007/08, unless so specified in a future contract addendum. If you accept the appointment, the City shall defend and indemnify you against all claims and actions, civil or criminal, provided the claims or actions arise out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment; and pay any judgment that may be entered against you in a civil action arising out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment, except a judgment based on intentional wrongdoing by you. The City reserves the right to select, appoint, retain, or discharge legal counsel necessary to provide the foregoing defense. This Appointment shall terminate: a. At any time by mutual agreement of you and the City; b. Upon your sustained inability for all or substantially all of 180 calendar days in a 190 day period to perform all of your duties and obligations pursuant to this Appointment as a result of physical or mental illness or condition, which inability shall be verified at the City's expense (to the extent not covered by applicable medical insurance maintained by the City) by a licensed physician within fifteen days of a request for selection. The examining physician will be selected solely by the City; C. At any time by the City Manager or his designee's unilateral termination of your Appointment for the position. Unilateral termination shall be in writing, signed by the City Manager or his designee, and need not reflect performance -related reasons; d. Your death; e. Your resignation. A resignation shall be submitted in writing and shall provide for an actual resignation date no later than forty-five (45) days following the date of notice of resignation. If this Appointment is terminated by unilateral action by the City Manager or his designee, you shall be entitled only to: CADocuments and Settings\harrissu\Local Settings\Temporary Internet Files\OLK81\FORM APPONTEMENT LETTER (new) (3).doc Base document revised 020706 a. Reimbursement for as -yet non -reimbursed expenses pursuant to this Appointment; b. An amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired prior to 10/1/91; C. An amount for the accrued and unused sick leave paid out according to the current Management Incentive Package; d. Ninety (90) days of prorated base salary calculated as follows: Your annual base salary as of the termination date, shall be divided by 365 days, and that amount shall be multiplied by 90 days, less customary taxes/withholdings. If this Appointment terminates upon mutual agreement of the parties, you shall be entitled to: a. Reimbursement for as -yet non -reimbursed expenses pursuant to this Appointment; b. An amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired prior to 10/1 /91; C. An amount for accrued and unused sick leave paid out according to the current Management Incentive Package. If this Appointment terminated due to your resignation, physical disability or death, you or your beneficiary, guardian or personal representative shall be entitled only to the following compensation and benefits: a. Base salary through the date of resignation or such other date as mutually agreed to between you and the City Manager or his designee; b. Reimbursement for as -yet non -reimbursed expenses pursuant to this Appointment; C. An amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law d. Sick leave paid out according to the current Management Incentive Package; e. Life and/or disability benefits if applicable. Severance pay, if any, shall be treated as bonus pay. Severance pay does not constitute a part of annual earnings or compensation for services and is excluded from the calculation of pension or retirement benefits. No modification of or amendment to this Appointment shall be valid unless reduced to writing and signed by both parties. No collective-bargaining agreement to which the CITY is a party shall in whole or in part govern, apply to, or be deemed part of or incorporated into this appointment. CADocuments and Settings\harrissu\Local Settings\Temporary Internet Files\OLK81\FORM APPOiNTEMENT LETTER (new) (3).doc Base document revised 020706 Any civil action arising out of this Appointment or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida. The City's waiver of any breach of any term, condition, or covenant of this Appointment shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this appointment. This Agreement shall be binding on and inure to the benefit of your heirs and personal representatives and, the City regardless of changes in the persons holding office as members of the City. If any provision of this Appointment or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining provisions of this appointment or their application to other parties or circumstances. This appointment and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida. This appointment letter contains the entire agreement between the City and you. All prior agreements and understandings, whether written or oral, pertaining to the City's appointment of you are fully abrogated and of no further force and effect from and after the date of this appointment letter. Regardless of which party's counsel prepared the original draft and subsequent revisions of this letter of appointment, the appointee and the City and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Appointment shall not be deemed to be the product of and, therefore, construed against either of them. The omission from this letter of a term or provision contained in an earlier draft of the letter shall have no evidentiary significance regarding the intent of the parties. If the foregoing terms and conditions are acceptable to you, please sign and date the original of this letter, in the space provided below, and return it to me. Very truly yours, Kurt Bressner City Manager Dated: CADocuments and Settings\harrissu\Local Settings\Temporary Internet Files\OLK8IFORM APPOINTEMENT LETTER (new) (3).doc Base document revised 020706 LETTER OF APPOINTMENT November 19, 2007 Dear : I am pleased to offer you an appointment to the position of Director, for the City of Boynton Beach. By accepting this position you are representing to the City that you have reviewed the job description for the position and that you possess the professional expertise and experience to perform the services to be provided by you pursuant to the terms of this appointment. The position of Director, is a contractual, specialized professional position subject to appointment by the City Manager. The provisions of the City's Personnel Policy Manual (PPM), as amended from time to time, are applicable to you, except as listed below. The following Chapters of the PPM have no application to you: Chapter II Employment. Chapter III Compensation. Chapter III Compensation. Chapter III Compensation. Chapter III Compensation. Chapter IV Benefits Chapter VI Discipline. Chapter VI Discipline. Chapter VII Resignation Chapter VII Resignation 02. Recruitment and Selection 02. Overtime 03 Callback and On Call 04. Compensatory Time 06. Incentive Pay System 02. Vacation Leave 01. Disciplinary Actions 02. Formal Grievances 01. Termination Pay 02. Lay -Off If you accept this appointment you will be an "at will" employee of the City and you have no vested right or property right in your position. You acknowledge that there has been no representation or promise, expressed or implied fixing the term of your appointment. The job description for Director, is attached as Exhibit "A", and you agree to provide the City with the services included in that job description. Except as otherwise expressly provided by this Appointment, as Director, you shall at all times: a. Devote all your time, attention, knowledge, and skill solely and exclusively to the business and interests of the City during normal CADocuments and Settings\harrissu\Local Settings\Temporary Internet Files\OLK81\SampleDHAppointment Letter (3).doc Base document revised 020706 working hours and at City related events after normal business hours. b. Perform your duties and obligations faithfully, industriously, and to the best of your ability. C. Not engage in conflicting outside employment except with prior written authorization of the City Manager or his designee. d. Keep the City Manager or his designee fully informed in advance of all travel and activities that take you out of the office for more than a day at a time. All travel must receive prior written approval of the City Manager or his designee. A performance evaluation will be conducted by April 1st of each year. In addition, a mid- term evaluation will be conducted by November 1 st of each year. The City Manager or his designee will periodically review and evaluate your performance. The review and evaluation shall be in accordance with performance criteria developed by the City Manager or his designee. The criteria may be added to or deleted from as the City Manager or his designee may from time to time determine, except that you shall not be evaluated for tasks if no performance criteria have been established. Further, the City Manager or his designee shall provide to you a summary written statement of the evaluation and provide an adequate opportunity for you to discuss your evaluation with the City Manager or his designee. Periodically, you will meet with the City Manager or his designee and define such goals and performance objectives that are determined necessary in attainment of the objectives and shall further establish a relative priority among those various goals and objectives, which shall be reduced to writing. Such goals and objectives shall be generally attainable within the time limitations as specified in the annual operating and capital budgets and appropriations provided by the City. Compensation reviews are not subject to any specific formula applicable to other City personnel. Wage adjustments shall be at the sole discretion of the City Manager or his designee and are subject to the appropriation of funds by the City Commission. The effective date of your appointment is Your compensation and other monetary benefits are as follows: a. You shall receive an annual salary of DOLLARS ($ .00), payable in equal installments paid at the same intervals as the City's management personnel are paid. b. You will be eligible for a merit pay adjustment at your six (6) month evaluation. C:\Documents and Settings\harrissu\Local Settings\Temporary Internet Fi1es\0LK81\Samp1eDHAppointment Letter (3).doc Base document revised 020706 c. The City shall pay or reimburse you consistent with reimbursement policies for City managerial employees. d. You shall receive the same Health Insurance benefit provided to non-union City employees, pursuant to the provisions of the Personnel Policy Manual, as amended from time to time. e. You shall receive the Management Incentive Package, which currently consists: (1) 4 additional vacation days each fiscal year. Exempt employees who have less than one full year of service at the time the days are credited will receive a pro -rated number of hours based on their actual full months of service. (2) Additional term life/accidental death and dismemberment insurance of $50,000.00. (3) Sick Leave Conversion Formula — If an employee has more than 240 hours of sick leave as of October I" each year, the employee can convert up to 100 of those hours to cash at 50% of the then current hourly rate (less applicable taxes), provided that sick leave bank does not drop below 140 hours. (4) Cash conversion of vacation leave for 40 or 80 hours of vacation time, in lieu of taking the time off. Employee must have a minimum of 120 hours remaining in account after cash out. (5) Sick leave pay out upon resignation or retirement for any length of service shall be paid at the rate of one-half total number of sick hours accumulated. Any revisions to the Management Incentive Package in the future will automatically be incorporated into this Agreement and need not be subject to a future addendum. f. You shall receive the same benefit Disability Insurance provided to non-union City employees pursuant to the provisions of the Personnel Policy Manual, as amended from time to time. g. You shall enjoy all benefits provided under the General Employee Pension Plan. You shall receive the same Retirement System benefit provided to non-union employees pursuant to the provisions of the Personnel Policy Manual, as amended from time to time. h. You shall be entitled to observe the same paid legal holidays as managerial employees pursuant to the provisions of the Personnel Policy Manual, as amended from time to time. i. You will be provided with an initial vacation leave bank of 15 days for use during your first year. You will be entitled to observe the same vacation accrual as managerial employees hired prior to 10/01/91. C:\Documents and Settings\harrissu\Local Settings\Temporary Internet Piles\OLK81\S amp leDfiAppointment Letter (3).doc Base document revised 020706 j. You will be provided with an initial sick leave bank of 20 days. This initial bank does not count towards the sick leave buy back stated above. You shall accumulate sick leave as provided under the rules and regulations for other managerial employees of the City, including pay -out for unused sick leave on termination based on the standard for employees of the City pursuant to the provisions of the Personnel Policy Manual, as amended from time to time. k. Retirement contribution. The City will contribute $ annually in equal installments as a retirement contribution into either of the two deferred compensation programs (ICMA/RC or USCM/Nationwide) or any combination thereof up to the $ You shall receive any market adjustment to your base wage in the same percentage amount that is being provided to non -contract employees for fiscal year 2008/09. The effective date of this adjustment shall coincide with the effective date of the adjustment for non -contract employees. You will not be eligible for any future adjustments beyond fiscal year 2008/09, unless so specified in a future contract addendum. If you accept the appointment, the City shall defend and indemnify you against all claims and actions, civil or criminal, provided the claims or actions arise out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment; and pay any judgment that may be entered against you in a civil action arising out of and in the course of the performance of your duties and responsibilities pursuant to this Appointment, except a judgment based on intentional wrongdoing by you. The City reserves the right to select, appoint, retain, or discharge legal counsel necessary to provide the foregoing defense. This Appointment shall terminate: a. At any time by mutual agreement of you and the City; b. Upon your sustained inability for all or substantially all of 180 calendar days in a 190 day period to perform all of your duties and obligations pursuant to this Appointment as a result of physical or mental illness or condition, which inability shall be verified at the City's expense (to the extent not covered by applicable medical insurance maintained by the City) by a licensed physician within fifteen days of a request for selection. The examining physician will be selected solely by the City; C. At any time by the City Manager or his designee's unilateral termination of your Appointment for the position. Unilateral termination shall be in writing, signed by the City Manager or his designee, and need not reflect performance -related reasons; d. Your death; CADocuments and Settings\harrissu\Local Settings\Temporary Internet Files\01,K81\SampleDHAppointment Letter (3).doc Base document revised 020706 e. Your resignation. A resignation shall be submitted in writing and shall provide for an actual resignation date no later than forty-five (45) days following the date of notice of resignation. If this Appointment is terminated by unilateral action by the City Manager or his designee, you shall be entitled only to: a. Reimbursement for as -yet non -reimbursed expenses pursuant to this Appointment; b. An amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired prior to 10/1/91; C. An amount for the accrued and unused sick leave paid out according to the current Management Incentive Package; d. (_) days of prorated base salary calculated as follows: Your annual base salary as of the termination date, shall be divided by 365 days, and that amount shall be multiplied by days, less customary taxes/withholdings. If this Appointment terminates upon mutual agreement of the parties, you shall be entitled to: a. Reimbursement for as -yet non -reimbursed expenses pursuant to this Appointment; b. An amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law, according to the schedule/formula for non-union employees hired prior to 10/1 /91; C. An amount for accrued and unused sick leave paid out according to the current Management Incentive Package. If this Appointment terminated due to your resignation, physical disability or death, you or your beneficiary, guardian or personal representative shall be entitled only to the following compensation and benefits: a. Base salary through the date of resignation or such other date as mutually agreed to between you and the City Manager or his designee; b. Reimbursement for as -yet non -reimbursed expenses pursuant to this Appointment; C. An amount for accrued and unused vacation leave, not to exceed the maximum number of days permitted by law d. Sick leave paid out according to the current Management Incentive Package; e. Life and/or disability benefits if applicable. C:\Documents and Settings\harrissu\Local Settings\Temporary Internet Files\OLK81\SampleDHAppointment Letter (3).doc Base document revised 020706 Severance pay, if any, shall be treated as bonus pay. Severance pay does not constitute a part of annual earnings or compensation for services and is excluded from the calculation of pension or retirement benefits. No modification of or amendment to this Appointment shall be valid unless reduced to writing and signed by both parties. No collective-bargaining agreement to which the CITY is a party shall in whole or in part govern, apply to, or be deemed part of or incorporated into this appointment. Any civil action arising out of this Appointment or the nonperformance or breach of any covenant contained in it shall be brought only in Palm Beach County, Florida. The City's waiver of any breach of any term, condition, or covenant of this Appointment shall not constitute the waiver of any other breach of the same or any other term, condition, or covenant of this appointment. This Agreement shall be binding on and inure to the benefit of your heirs and personal representatives and, the City regardless of changes in the persons holding office as members of the City. If any provision of this Appointment or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining provisions of this appointment or their application to other parties or circumstances. This appointment and the terms, conditions, and covenants contained in it shall be governed by and construed in accordance with the laws of the State of Florida. This appointment letter contains the entire agreement between the City and you. All prior agreements and understandings, whether written or oral, pertaining to the City's appointment of you are fully abrogated and of no further force and effect from and after the date of this appointment letter. Regardless of which party's counsel prepared the original draft and subsequent revisions of this letter of appointment, the appointee and the City and their respective counsel have had equal opportunity to contribute to and have contributed to its contents, and this Appointment shall not be deemed to be the product of and, therefore, construed against either of them. The omission from this letter of a term or provision contained in an earlier draft of the letter shall have no evidentiary significance regarding the intent of the parties. If the foregoing terms and conditions are acceptable to you, please sign and date the original of this letter, in the space provided below, and return it to me. C:\Documents and Settings\harrissu\Local Settings\Temporary Internet Files\OLK81 \SampleDH Appointment Letter (3).doc Base document revised 020706 Very truly yours, Kurt Bressner City Manager Dated: Employee C:\Documents and Settings\harrissu\Local Settings\Temporary Internet Files\OLK81\S amp leDHAppointment Letter (3).doc Base document revised 020706 CEANFRONT Presented by ill Ruden McClosky Boynton Beech OCEANFRONT CONCERT SERIES Oceanfront Park 615 N Ocean Blvd. On AIA, just North of the Ocean Avenue bridge. Park and Ride on the shuttle - park at Bank of America on the corner of East Ocean Avenue and Federal Highway. 8huttie runs from 530 PM to 930 PM. Bring your folding chairs and prepare to dance the night away! Food & Drinks available. For Information calk 561742-6246 or 737-3256. � ITNATR C M Fast Side—West Side—Seaside Renaissance 0 PalmBeachPostxom 0'0 JqYANTdi t RA East Side—West Side—Seaside Renaissance Dear Members of the Board, We are looking forward to a successful CRA Training Workshop taking place Friday, January 11th through Saturday, January 12th at The Riverside Hotel in Ft. Lauderdale. Below are a few reminders and details regarding the workshop. AGENDA: Friday, January 11, 2008 5:30 PM — 7:00 PM Cocktail Reception Sponsored by Goren, Cherof, Doody & Ezrol (The Riverside Hotel, Sagamore Room) 7:30 PM Dinner with Discussion of Chapter 163 of the Florida Statutes, Ethics and Sunshine Law (Mancini's Restaurant: Discussion led by Goren, Cherof, Doody & Ezrol) Saturday, January 12, 2008 8:30 AM Breakfast (Abiona Room) 9:00 AM Overview of Redevelopment Plans: Executing Adopted Plans (Vivian Brooks, Assistant Director) 10:00 AM Florida Community Redevelopment Associations: What Can CRA's Do? (Jeff Oris, 2007 President, Florida Redevelopment Association) 11:30 AM Working Lunch (Abiona Room) 11:45 AM Media Training: CRA Media and Public Relations Strategies (Stan Brown, Ambit Marketing) 1:30 PM 2008 Goals and Objectives: Implementing the Board's Directives (Lisa Bright, Executive Director) 2:30 PM Break 2:45 PM Surviving Strand: Bond Alternatives Discussion (Leif Chase, SunTrust Capital Markets, Inc.) 4:00 PM Adjournment A hotel map is attached for you to reference room locations FRIDAY RECEPTION AND DINNER: The Training Workshop will begin at 5:30 PM with a cocktail reception, sponsored by Goren, Cherof, Doody & Ezrol, in the hotel's Sagamore Room. We will all leave together from the reception at 7:15 PM and take a short walk down Las Olas Boulevard to Mancini's Restaurant, where we will have dinner. During dinner a discussion, led by Goren, Cherof, Doody and Ezrol, will center on Chapter 163 of the Florida Statutes, Ethics and Sunshine Law. Please note that guests are welcome to attend the Friday night dinner, however, the CRA is unable to cover the cost of their expenses. Please be prepared to pay for their charges under a separate bill. ACCOMODATIONS: A room has been reserved for you the night of Friday, January 11, 2007. We will also be covering parking costs. Any additional incidentals will need to be paid separately when you check out on Saturday. Hotel check-in is at 3:00 PM on Friday and checkout is at 11:00 AM on Saturday. If you would like to have your bags stored during the meeting you can do so by checking them in with the Bell Stand, located in the Front Lobby area. DIRECTIONS: Coming from I-95 Take I-95 to Broward Boulevard and head east. Continue on Broward until you pass US- T (Federal Highway). One block after passing US -1 make a right onto S.E. 8th Avenue. Continue south on S.E. 8th Avenue, cross over Las Olas Boulevard, and continue one block to S.E. 4th Street. Turn right on S.E. 4th Street and continue 500' to the Valet Stand at the entrance of the hotel. Coming from US -1 [from the North or South] Take US -1 to Broward Boulevard and head east. Continue on Broward one block and make a right onto S.E. 8th Avenue. Continue south on S.E. 8th Avenue four blocks, cross over Las Olas Boulevard, and continue one block to S.E. 4th Street. Turn right on S.E. 4th Street and continue 500' to the Valet Stand at the entrance of the hotel. Coming from AlA Continue westward on E. Las Olas Boulevard heading toward the downtown to S.E. 8th Avenue. Turn left on to S.E. 8th Avenue and go one block to S.E. 4th Street. Turn right on S.E. 4th Street and continue 500' to the Valet Stand at the entrance of the hotel. We look forward to seeing you on Friday and if you have any additional questions please feel free to contact me at 737-3256. Kind Regards, Ashley Buckley Administrative Services Manager